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Desert Monument No Threat To Cadiz

News sources are reporting that President Obama, at the urging of California Senator Diane Feinstein, will use his authority under the 110-year-old Antiquities Act to designate nearly 1 million acres of the Mojave Desert as the Mojave Trails National Monument, including lands in the Cadiz Valley.

A designation under the Antiquities Act only applies to federal lands and cannot impact private property rights, including those held by Cadiz. As a result, the designation will not impact the Cadiz Water Project. Cadiz explained in a statement distributed today:

Under federal law and the Antiquities Act, national monument designations are limited only to federal lands.  As a result, none of Cadiz’s private property rights are subject to, or will be impaired by, an Antiquities Act designation.   This includes farming water rights, the Cadiz Water Project approvals, easements and all rights-of-way.  The Company therefore anticipates no adverse impact of any kind on its current and planned land use activities, such as agricultural or water project operations, as a result of a monument designation under the Antiquities Act.

While we are confident the President’s designation cannot adversely impact the Company’s property rights, Cadiz joins others in the region in opposing the use of the Antiquities Act unilaterally to establish monuments in the California desert when viable legislative options remain open, including a bill by Congressman Paul Cook, who represents the entire proposed Monument area.  In our view, a locally-developed, Congressional solution with federal appropriations outlined for maintenance and protection is greatly preferred by the local, affected communities and is more likely to be successful over the long-term than a unilateral presidential action.

 

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