#WyoSayNo is a grassroots coalition of individuals and organizations dedicated to stopping the proposed Uinta County Immigration Prison. They are asking for your help in their fight to stop the proposed immigration prison in Evanston.
VISIT THEIR CALLS TO ACTION PAGE TO:
- Sign their Petition
- Email the Board of CoreCivic
- Send Wyoming Postcards to CoreCivic
WyoFile has done some great, in-depth stories on the proposed ICE detention center, including recent reporting that the upper limit on number of beds has increased from 500 to 1000, the original private prison company, Management Training Corporation, has walked away from the project and private prison company, CoreCivic, has stepped in. A guest editorial by Bishop Steven Biegler, Diocese of Cheyenne, notes that for-profit prison companies are known for “cost-cutting, poorly run facilities, and abuse.” Bishop Biegler encourages the people of Wyoming to sign petitions and write letters.
I don’t know if this will be more than musings, but would appreciate your feedback. My unschooled reading of the Wyoming Constitution made me laugh. I‘be been fascinated by Wyoming’s water laws for a while, and am disgusted by immigration for profit prisons.
The following scenario may be better amusement than strategy, but that is why I am writing you.
I promise not to bother you often. I hope you find this amusing.
The scenario following my research seems like it would be difficult for CoreCivic to build a business model around. Bond holders probably would not like the risks. My research notes follow:
Thank you in advance for your thoughts.
1. WY Constitution
Article 6, Section 3 Electors privileged from arrest.
Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election during their attendance at elections, and going to and returning therefrom.
2. Nonresident Voting – Nation Conference Of State Legislators
Nine states allow nonresident voting in certain special district elections. New Mexico and Delaware have provisions allowing nonresidents to vote in special district elections in addition to municipal elections.
Arizona: Ariz. Rev. Stat § 48-404
Arkansas: Ark. Code § 14-123-302
California: Cal. Elec. Code § 12286
Colorado: Colo. Rev. Stat § 37-20-116; Colo. Rev. Stat § 37-26-103; Colo. Rev. Stat § 37-41-104; Colo. Rev. Stat § 37-42-106
Delaware: Del. Code tit. 16, § 1402
Montana: Mont. Code Ann § 7-13-2255
Nebraska: Neb. Rev. Stat. § 31-407
New Mexico: N.M. Stat. § 73-18-30
Oregon: Or. Rev. Stat § 545.207
Tennessee: Tenn. Code Ann § 2-6-205
Wyoming: Wyo. Stat. § 41-7-832
Noncitizen voting is currently only allowed in city or local district voting.
3. 2015 Wyoming Code
TITLE 41 – WATER
CHAPTER 7 – IRRIGATION DISTRICTS
ARTICLE 8 – PUBLIC IRRIGATION AND POWER DISTRICTS
SECTION 41-7-832. – Election; notice.
Universal Citation: WY Stat § 41-7-832. (2015)
41-7-832. Election; notice.
(a) Immediately after the adoption of the resolution by the board the secretary of the district shall proceed to give notice of the time and place of holding such election in the manner following:
(i) By serving or causing to be served a copy of the notice stating the time, place and object of the election on each person owning or entitled to possession by virtue of public filing of land within the district residing in any county in which any lands of the district are situated either personally or by leaving a copy thereof at his usual place of abode, with a person of suitable age and discretion, and by registered mail to any mortgagee, mortgagees or judgment lien holder whose mortgage or judgment lien and address is of record in the record of said liens in the county or counties in which said district is situated; and
(ii) By publishing a copy of said notice at least once a week for three (3) consecutive weeks in some newspaper published in each county within which any of the lands of the district are situated, giving the time, place and object of said election;
(iii) If any of the persons owning or entitled to possession of land in said district are nonresidents of the county or counties in which the district lies, such notice of time, place and object of the election shall be sent by registered mail to such nonresidents if their addresses are known and if unknown the secretary shall make an affidavit so stating. Such notice to be mailed within two (2) days after the first publication. Notice of the time, place and object of the election must be given at least twenty (20) days before the date of election.
4. Operating Criteria of the Small Water Project Program of the Wyoming Water Development Program
A. Introduction: The purpose of the Small Water Project Program (SWPP) is to participate with land management agencies and sponsoring entities in providing incentives for improving watershed condition and function. Projects eligible for SWPP grant funding assistance include the construction or rehabilitation of small reservoirs, wells, pipelines and conveyance facilities, springs, solar platforms, irrigation works, windmills and wetland developments. Projects should improve watershed condition and function and provide benefit for wildlife, livestock and the environment. Projects may provide improved water quality, riparian habitat, habitat for fish and wildlife and address environmental concerns by providing watersupplies to support plant and animal species or serve to improve natural resource conditions.
These criteria provide the Wyoming Water Development Commission (WWDC) and the Wyoming WaterDevelopment Office (WWDO) with general standards for evaluating and prioritizing applications for funding from the SWPP. In addition, the criteria serve as a tool to coordinate with the public and other state and federal agencies.
Legal and Institutional Constraints: 1. Sponsoring Entity: Pursuant to W.S. 99-3-1903(k)(i) and W.S. 99-3 1 1904(m)(i) funding is available only to eligible public entities.
B. – 2. Eligible public entities are defined by state statute and include, but are not limited to, conservation districts, watershed improvement districts, waterconservancy districts, irrigation districts, municipalities, a joint business council of the Eastern Shoshone and Northern Arapaho Indian Tribes, the Business Council of the Eastern Shoshone Indian Tribe, the Business Council of the Northern Arapaho Indian Tribe, or other approved assessment districts formed in accordance with Wyoming law.
3. Project Description: Pursuant to W.S. 99-3-1903(k)(iii) and W.S. 99-3- 1904(m)(iii), the SWPP may provide for construction or rehabilitation and replacement of small dams, windmills, spring development, pipelines, etc., to impound, develop and convey water for livestock, wildlife, irrigation, environmental and recreational purposes.
4. Project Funding: Pursuant to W.S. 99-3-1903(k)(vii) and 99-3- 1904(m)(vii), a small project is a project where estimated construction or rehabilitation costs, permit procurement, construction engineering and project land procurement are one hundred thirty-five thousand dollars ($135,000.00) or less and where the maximum financial contribution from the commission is thirty-five thousand dollars ($35,000.00) or less.
1. For reference and identification only special statute numbers [appearing in Title “99” of the Wyoming Statutes] have been assigned to selected water projects by the Legislative Service Office.
5. STATE OF WYOMING 2016 Public Water System Survey Report
Wyoming Water Development Commission 6920 Yellowtail Rd. Cheyenne, WY 82002 307-777-7626 wwdc.state.wy.us
Lists WY water systems, with several showing less than 100 gallons per day of water treatment capacity.
Wyoming Oddities that may be exploited?
6. Fair Value
Wyoming does not require an “arm’s length transaction” to determine “fair market value.” This very peculiar “Uniform Commercial Code” (UCC), allows wholly owned subsidiaries to buy from their parent company. Such a sale constitutes the basis for severance taxes, and is unaffected by the subsidiary marking up the price by 10x, for sale to their customer. The parent company smiles all the way to the bank.
WY Constitution, Article 6, Section 3 Electors privileged from arrest.
Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election during their attendance at elections, and going to and returning therefrom
7. Ownership Title
Wyoming is one of many states that allows “Tenancy by the Entirety” titles, for joint ownership. Such ownership cannot be forced apart for separate sale, by an outside force. Individual owners may only sell, with the informed consent of the other party/parties.
8. Every Age of Majority Wyoming Citizen is a Business
Every voter in Wyoming is able to apply for a business credit card, without filing forms with the WY Secretary of State’s Office. Business credit cards generally pay their holders more, than individuals.
For Profit Private Prison Business Model Issues
It seems that a small water district (treating less than 100 gallons/day), could be set up on or near a state border, or Indian Reservation, or other jurisdictional boundary, that could offer voting shares in the water system, to be sold for $1.00 each.
When the water district holds an election, every voting member not convicted (charged?) of treason, felony, breach of the peace, would have to be let out of detention, on their own recognizance to go vote.
The process of calling for a water system vote seems straight forward to me, and I don’t see a limit to the number of elections. (Note: I have zero experience in these matters. It just rubs me the wrong way, especially given CoreCivic’s track record!
For profit prisons are not a good idea. Prisons for immigrants are even worse.
Wyoming’s Constitution allows any landowner with water rights to travel without interference, to vote in their water districts, unless they are charged with quite specific crimes. Many water districts in Wyoming are setup to treat less than 100 gallons per day. A share in a water system that was made available for a dollar, would be a get out of detention center bargain, and make the Uintah facility worthless.