Domestic use water supply

On March 15, 1985, Charles E. Reed, Jr., granted an easement for a well and related access easement for the benefit of land now owned by The plaintiff.
1985 easement Part 1, Part 2, Part 3, -- Exhibit #(1 A) proof of ownership -- Exhibit #(1 B) proof of ownership -- Exhibit #(1 C) proof of ownership

On May 24,1990, Charles and Joann Campbell granted another easement for the same purposes to the predecessor in interest.
1990 easement Part 1, Part 2, Part 3. The prop ID 53/43-par4 -- Exhibit #(2 A) proof of ownership -- Exhibit #(2 B) proof of ownership -- Exhibit #(2 C) proof of ownership

On July 13, 2002, Weber Valley Heights Water Association bylaws were last updated.
The purpose of the association was to facilitate the provision of water to the benefited parcels pursuant to the grant of easements described above( 7-7-2010 -- Exhibit #(5 A) ).
The plaintiff is the beneficiary of those easements and the water rights are her property.
The purported president of the Weber Valley Heights Water Association should
be very much aware that the association’s sole purpose is to provide water
to the legal property owners named in the easements

1. by Charles E. Reed on on March 15, 1985 and #2. by Charles and Joann Campbell on May 24,1990.

The Weber Valley Heights Water Association bylaws state in
ARTICLE III MEMBERS

Ownership of this water system shall be held jointly by all members of the association with consideration of the other members.
Ownership of the water rights shall remain with the land.

There is not one mention in the bylaws of how to terminate any ownership.
The keyword is ownership and until the rights to use are transfered the right to use belongs to the property owner.
The ownership of the delivery system is a property right of a single member and collectively ownership is a right of the group named in the easements.

The Water Association does not have any legal right to determine how the water is used or is not used. The water association is not named in the rights of the easements

Factual Introduction
Spring 2010 around April The plaintiff agreed to allow a Co-Op Medical Group to cultivate a portion of her 5 acres of land.

7-5-2010 Traffic is being used to stop the Co-Op Medical Group
This is a digital copy of the letter that was sent to The plaintiff
-- Exhibit #(4 A) Letter 2 page 1

The defendant wrote "growing pot puts us in danger" plus "We moved here for privacy and the pot growing interrupts that peace"
The defendant has mention of her feelings. She states that the legal actions of the medical co-op
are putting her in danger.

Her statements in "exhibit #(4a) letter 2 page 1" may have been her motive to do what she has done.
The misuse of the water association became her means for ending what she considered a threat.

On 7-7-2010 -- Exhibit #(5 A) lawyer letter
The defendant states she was advised by a lawyer that "domestic use only isn't enough"
and that the association needed to outline water use.
By her own written admissions she knows Weber Valley does not have any right to shut off the water to any member.
-- Exhibit #(5 A) lawyer letter

The defendant has established she is unhappy about her surrounding circumstances.
The purported president of Weber Valley Heights Water Association may have decided
that she is going to cure her perceived threat no matter what avenue she needs to travel.

The Members of the water association along with there bill received a ballot to vote on a water issue.
The defendant claims The plaintiff is breaking the bylaw rules.
A ballot was sent to all members asking "should the water association uphold the rules" of "Domestic use of the water" -- Exhibit #(6 A) the ballot

The ballot asked if member votes yes, then what should be done with the member using Weber Valley water commercially?"
( ) "Temporarily disconnect water to member until commercial use is stopped."
or
( ) other-- Members write their own ideas of what should be done about the problem.

WVHWA bylaws state "Section 2: The use of the water shall be limited to normal and usual domestic use."
No proof of any "COMMERCIAL USE" then or now has ever been presented to any court in the State of California.

On 8-25-2010 The Weber Valley President sent out a letter stating.
Thank you all for voting in a timely manner. -- Exhibit #(7 A) vote results letter
The Exhibit #(6 A) ballot was very specific with use of wording "Temporarily disconnect water to member until commercial use is stopped." Exhibit #(6 A) the ballot.
or other-- Members write their own ideas of what should be done about the problem.
In the bylaws as stated in Section 2: The use of the water shall be limited to normal and usual domestic use is exactly what the vote on the ballot was about.
There is not one mention of termination of any membership.
The members can not vote to give the right or the power to cut / terminate a domestic use water line of an up to date paid member according to the bylaws. SeeExhibit #(6 A)

What The plaintiff was doing what was her normal domestic gardening.
There is not one bit of proof now or then that the water is or was being used commercially according to the official USG definition of commercial use of water

The bylaws have not gone to vote as of 9-27-2011
The ballot was written with these words. "Temporarily disconnect water to member until commercial use is stopped."
To day the only way the water will be turned back on is if the $2,000.00 is paid to the Weber Valley Water association

The water is off as of 9-28-2011.
The plants were removed because of fear the water would be shut off.

On 7-7-2010the defendant stated she was advised by a lawyer that "domestic use only isn't enough"
By shutting off the supply line Weber Valley Heights Water Association was and is denying The plaintiff her constitonal right to fresh clean water as per "116270. The California Legislature. The plaintiff is being held hostage to property she is legally entitled to and has proof of ownership. The defendant may be attempting to extort money under the office of Weber Valley Height Water Association President.
Conclusion, The W.V.H.W.A. does not now nor has it ever had any legal right to terminate service of water for any reason other than non payment as it is clearly written in the bylaws Article VI Funds of Origination Section 3.

The defendant has not been charged with any crime related specifically to attempted extortion and / or extortion.

The abuse suffered by The plaintiff at the hands of The defendant resulted in monetary harm, mental suffering and the disconnection of The plaintiff's domestic use water line.

Prior to the date of September 13, 2010 The defendant repeatedly demanded both verbally and by mail remove your plants or we
being Weber Valley Heights Water Association will shut off your water.

On the 13 of September 2010 one of the hottest days of the year The defendant ordered the water supply to be disconnected. The defendant has written and mailed a letter indicating it will cost $2000.00 to reconnect the disconnected water. -- Exhibit #(9 A) Notice of intention

The plaintiff can prove by a preponderance of the evidence that The defendant in fact committed the abuse and attempted extortion.
The proof by a preponderance of the evidence is evident upon examination of related demand documents.

The proof beyond a reasonable doubt was written, signed and mailed to The plaintiff. These facts can and have been proved. Any jury could conclude that it is “more likely” “than not” that the attempted extortion and the extortion may have happen.
The written demands with attached signatures by The defendant are credible witnesses to an attempt.

On March 15, 1985, Doc# 53702 Charles E. Reed, Jr., granted an easement to a well for the conveyance of water and related access for the benefit of the land and appurtenant to the land. More so lot 53/43 par 4 as per Riverside County Record of Survey.

On May 24, 1990, Doc# 191167 Charles and Joann Campbell granted easement for the conveyance of water to lot 53/43 par 4 as named again in Riverside County Record of Survey.

On July 13, 2002, Weber Valley Heights Water Association bylaws were updated. The purpose of the association is to facilitate the delivery of water to parcels pursuant to the grant of easement described as Doc# 53702 and Doc# 191167.
The plaintiff is 1/12 beneficiary of the said easements Doc# 53702 and Doc# 191167 The plaintiff's property is lot 53/43 par 4 as stated in said easements.

The defendant claimed the water can not be used for commercial purposes in the letter addressed by Weber Valley Heights Water Association on 8-25-10.

Doc# 191167 by Charles and Joann Campbell and Doc# 53702 by Charles E. Reed, Jr.do not have one mention as per use of water.

The Weber Valley Heights Water Association is not a legally registered Non-profit Association and is operating as such.

_________________________________________________________________________________________________________
Exhibit #(8 A) Weber Valley Heights Bylaws listed below
_________________________________________________________________________________________________________ 　

ARTICLE I NAME Section 1: This organization shall be known as Weber Valley Heights Water Association.

ARTICLE II OBJECTIVES
Section 1:   The object of the organization shall be to establish all policy matters and to control the use of the water system, its maintenance and repair.
Section 2:   The use of the water shall be limited to normal and usual domestic use.
Section 3:   All water lines shall be installed underground where it is possible.
Section 4:   Meters and check valves shall be: installed at the point of take off by each user at his sole expense and maintained by the user.
Section 5:   All users shall install a domestic water storage tank of not less than five hundred (500) gallons capacity for each five (5) acre parcel being served. Tanks should be filled in late evening as not to affect other members water usage.
Section 6:   Water shall be tested regularly.
Section 7:   Establish means of securing compliance with all directives including timely payment of all fees including timely payment of all fees.

ARTICLE III MEMBERS
Section 1:   The water system consists of three (3) wells, a water distribution piping system and storage tanks and shall provide the total yield to all members Ownership of this water system shall be held jointly by all members of the association with consideration of the other members. Ownership of the water rights shall remain with the land.

ARTICLE IV OFFICERS
Section 1:   The officers shall be President, Vice President. Secretary, Treasurer and Maintenance Officer. All officers are elected by a majority vote of members of the association present at any regular or called meeting.
Section 2:   Officers shall serve two years or until they are no longer land owners in the area served by the water system.
Vacancies shall be filled by majority vote of those in attendance at the next regular meeting. Officers shall serve without pay.
Section 3:   The duties of the officers are as follows:
a. The President shall preside at all meetings: call all special meetings of the members: and see that meetings are conducted in a proper and orderly manner.
b. The Vice President shall serve and act with the full authority of the president in his absence.
c. The Secretary shall preside in the absence of both the president and the vice president; keep all records and accounts: inform members of upcoming meetings; notify members of any special action taken by the membership; and promptly prepare and send minutes of meetings to all members.
d. The Treasurer shall maintain all financial records of the organization; supervise all disbursement of funds as governed by the membership; send out the water bills promptly after the readings have been received from the maintenance officer; and receive and deposit all funds in a non interest bearing checking account.
e. The Maintenance Officer shall monitor, maintain and repair the water system with volunteer and requested help of members; take water meter readings promptly on or after the first day of the month and deliver the readings to the treasurer as soon as possible thereafter.
f. Any two officers may co-sign checks as needed with one exception: no two (2) members of the same family will have check writing or signing authority.

Article V MEETINGS
Section 1:   Meetings shall be called at the direction of the president or as deemed necessary by the membership.
Section 2:   All meetings shall be conducted as governed by Robert's Rules of Order.
Section 3:   A majority vote of those present is acceptable for all motions brought to the membership unless It is a stated exception in Robert', Rule, of Order.
Section 4:   One vote is allowed per land parcel.

Article VI Funds of Origination
Section 1: Monthly water usage rates shall be based on pumping, maintenance and repair costs of the water system.when major repairs or upgrades are anticipated, an assessment may be charged if approved by majority vote of all members.
Section 2: Any bill not paid by the next billing date shall be charged a $5.00 late charge. No bill under $5,00 shall be dealt with such, Any property owner that is three (3) months delinquent shall be sent a certified letter with intent to teminate service. Service shall be disconnected if payment is not received within 15 days, No meeting is needed to authorize the disconnection, The maintenance officer and one other member will disconnect the service.
Section 3: Due to changing water requirement fees, re hook up charges for terminated members will be $2,000.00 plus all back maintenance and assessment charges since disconnection. A meeting shall be called to reconnect service.
Section 4: Annual minimum water usage fee will be S20.00 a year due January 1 of each year beginning January 1,2003. (Fee due for year prior to payment.)

　
The “Weber Valley Heights Water Association bylaws” state in
“Article II “ “Section 2: The use of the water shall be limited to normal and usual domestic use. “ SEE above exhibit #8“

“Article III“ Section 1.
The Weber Valley Heights Water Association bylaws clearly state, "Ownership of this water system shall be held jointly by all members of the association". and “Ownership of the water rights shall remain with the land“. “ SEE above exhibit #8“

Admittedly Weber Valley Heights Water Association does not own the water or water rights. Weber Valley Heights Water Association sole existence is to maintain a delivery system that truly belongs to it's members as long as members are up to date with usage bills...

By virtue of the defendant addressing a letter requesting a reconnection fee of $2,000 she is exhibiting that this State Small Water Association is not delivering water at cost. (Corp. Code, §14301.) 2725. As used in the chapter, "mutual water company" means any private corporation or association organized for the purposes of delivering water to its stockholders and members at cost.
Distributing water to the members. (Arroyo Ditch & Water Co. v. Dorman, 137 Cal. 611, 70 P. 737 (1902); Thayer v. California Development Co., 164 Cal. 117, 128 P. 21 (1912).) The general purpose of a mutual water company is to serve and promote the individual rights of the members on equal terms in securing water for the irrigation and cultivation of their lands. The shares of stock generally represent the water rights secured by the company when such rights have attached, and the holders of stock who are settlers on the land hold the stock as representing the water rights appurtenant to the lands on which the water is to be used. A corporation, including a nonprofit corporation organized for or engaged in the business of developing, distributing, supplying, or delivering water for irrigation or domestic use, or both, may provide in its articles, or may amend its articles to provide, that its only purpose is to develop, distribute, supply, or deliver water for irrigation or domestic use, or both, to its members or shareholders, at actual cost plus necessary expenses. (Corp. Code, §14301.)
　

The letter dated 7-10-10 is unquestionable proof she knew that the association did not have the right to terminate water use.

The bylaws state on page 1 "ARTICLE III MEMBERS" "Ownership of the water rights shall remain with the land" and "ownership of this water system shall be held jointly by all members" of the association.

IV. 2009 California Penal Code
Section 518-527 :: Chapter 7. Extortion
PENAL CODE
SECTION 518-520, 523-526

The defendant is the purported President of the so called Weber Water Association

518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.

519. Fear, such as will constitute extortion, may be induced by a
threat, either:

1. To do an unlawful injury to the person or property of the
individual threatenedor of a third person.

520. Every person who extorts any money or other property from another, under circumstances not amounting to robbery or car jacking, by means of force, or any threat, such as is mentioned in Section
　
　
523. Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519, is punishable in the same manner as if such money or property were actually obtained by means of such threat.

524. Every person who attempts, by means of any threat, such as is specified in Section 519 of this code, to extort money or other property from another is punishable by imprisonment in the county jail not longer than one year or in the state prison or by fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment.

525. Upon conviction of a felony violation under this chapter, the fact that the plaintiff was an elderor dependent person, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.

526. Any person, who, with intent to obtain from another person any money, article of personal property or other thing of value, delivers or causes to be delivered to the other person any paper, document or written, typed or printed form purporting to be an order or other process of a court, or designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead the other person to believe it to be an order or other process of a court, when in fact such paper, document or written, typed or printed form is not an order or process of a court, is guilty of a misdemeanor, and each separate delivery of any paper, document or written, typed or printed form shall constitute a separate offense.