The water rights listed in the easements below do not have any conditional rights set forth as to use of water.
Shares of stock to an association generally represent water rights and no such shares exist.
The "RIGHT" of "transmission and conveyance of water"
from said easements by Charles E. Reed, Jr. and Charles
and Joann Campbell
do not belong to Weber Valley Heights Water Association.
The rights to the easements belong to the property owners listed in the easements.
There are no recorded documents that yield water rights to Weber Valley Hieghts Water Association.
The conclusion is the WVHW Association has zero right to determine how the water is used.
If the property owner is told quit using your rights or
you will suffer, is this not a crime?
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.Beverly's prop ID 53/43-par4
WVHWA Water Association bylaws were last updated on July 13, 2002,.
The purpose of the association was to facilitate the provision
of water to the benefited parcels pursuant to the grant of easements described
above.
The victim here is the beneficiary of those easements
and her water rights are her sole property.
The purported president of the Water Association is very
much aware that the association’s sole purpose is to provide and maintain
working pumps and pipelines.
Factual Introduction
Spring 2010 around April The Victim agreed to allow a Co-Op Medical
Group to cultivate a portion of her 5 acres of land.
Here is Part 1.
the letter name is 5-3-10-c
Part 2. named 5-3-10-d
On 7-5-2010 Traffic now an issue being
used to stop the Co-Op Medical
Group
This is a digital
copy of the letter that was sent to The Victim
The Perpetrator
wrote "growing pot puts us in danger" plus "We moved
here for privacy and the pot growing interrupts that peace"
That may have been her motive.
The water association became her means to stop the farm.
The perpetrator has established she is unhappy
about her surrounding circumstances.
She is going to cure the problem no matter what avenue
she needs to travel.
On 7-7-2010
The perpetrator states
she was advised by a lawyer that "domestic use only isn't enough"
And that the association needed to outline water use.
She therefore knew that Weber Valley did not have any right to shut off
the water.
The Members of the water association along with there
bill received a ballot to vote on a water issue.
The perpetrator claims The Victim 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"
The ballot did not mention shutting off a members water.
On 8-25-2010 The Weber Valley President sent out
a letter stating.
Thank
you all for voting in a timely manner.
The vote was specific to
Section 2: The use of the water shall be limited to normal and usual domestic
use.
The vote was not about giving the power to go cut a water
line or shut off the water supply to a paid elderly member.
No matter what the vote was the bylaws state in
"Section 2: The use of the water shall be limited to
normal and usual domestic use."
What The Victim was doing was her normal.
There is not one bit of proof now or then that the water
is or was being used commercially.
The bylaws have not gone
to vote as of 1-05-2011
The ballot is 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 ASS.
On 7-7-2010
The bylaws do not have one mention of any other type of
use other than "Domestic use".
The State of California in these United States needs to
rectify the miscarriage of office.
The perpetrator stated
she was advised by a lawyer that "domestic use only isn't enough"
By shutting off the supply line WVHWA was and is denying
The Victim her constitonal right to fresh clean water as per "116270. The
California Legislature. The Victim is being held hostage to property she
is legally entitled to and has proof of ownership.. The perpetrator therefore
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 abuse of The Victim by The Perpetrator resulted in monetary harm, mental suffering and the disconnection of The Victim's domestic use water line.
The Victim is an elder person residing in California and her age is over 65.
Prior to the date of September 13, 2010 The Perpetrator repeatedly demanded
both verbally and by mail remove your plants or we
being WVHWA will shut off your water.
On the 13 of September 2010 one of the hottest days of the year The Perpetrator ordered the water supply to be disconnected. The Perpetrator has written and mailed a letter indicating it will cost $2000.00 to reconnect the disconnected water.
The Victim can prove by a preponderance of the evidence that The perpetrator
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 Victim. 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 perpetrator 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, WVH 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 Victim is 1/12 beneficiary of the said easement Doc# 53702 and
Doc# 191167 her property is lot 53/43 par 4
as stated in said easements.
The perpetrator claimed the water can not be used for commercial purposes in the letter addressed by WVHWA on 8-25-10.
______________________________ ARTICLE I NAME
Section 1: This organization shall be known as Weber Valley Heights Water
Association.
ARTICLE
II OBJECTIVES
ARTICLE
III MEMBERS
Section 3: The duties of the officers are as follows:
Article V
MEETINGS
In Article III ownership is the keyword.
“Article III“ Section 1. The WVH 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 #1“
Admittedly Weber Valley Heights Water Association does
not own the water or water rights but maintain a delivery system that truly
belongs to it's members contingent upon members usage bills are paid and current...
By virtue of The perpetrator 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.
The
letter dated 7-10-10 is unquestionable proof she knew that the association
did not have the right to terminate water use.
The demand
letter dated 8-25-10 is total proof of attempted extortion
Ownership of the water rights
shall remain with the land not the association. And ownership of this
water system shall be held jointly by all members of the association.
The perpetrator
is the purported President of the so called Weber Water Association
518. Extortion is the obtaining of property from another, with his
519. Fear,
such as will constitute extortion, may be induced by a
1. To do an unlawful
injury to theperson
or property
of the
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
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.
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.
______________________________
Revised July 13, .2002
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.
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.
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.
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's Rules 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 terminate 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.)
End Exhibit #1
______________________________
The “WVH 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 #1“
“
III.PUBLIC
UTILITIES CODE SECTION 2725 and
Corp. Code §14301
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.)
IV. 2009 California Penal
Code
Section 518-527 :: Chapter
7. Extortion
PENAL CODE
SECTION 518-520, 523-526
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.
threat, either:
individual
threatenedor of a third person.
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.
This is my story, the names have been changed to protect the innocent.
