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Senator
Ogden Drisll
PO Box 155,
Page5TheSundanceTimes Opinions
Thursday, March 28, 201
Letters to the Editor
Dear Editor,
Being in attendance of the ONEOK vs. Watson/Bush eminent domain hearing, Sundance, Wyo-
ming; I was not surprised when I later read that ONEOK had been granted eminent domain
against the Watson and Bush ranches. This was clear to me before the first day of their hearing
was over. Wyoming Eminent Domain Act (the =Act') states all the elements (4) that ONEOK had
the burden to prove before the court could Grant Immediate Possession. In their opening ONEOK
informed the court they "welcome the burden to prove" these four elements, with three witnesses
and it would be "relevant for the court to consider and rule if ONEOK had met this burden of
proof," before the burden could switch to the landowners to rebut. However, ONEOK rested their
case and the defense asked for a direct ruling, the court refused to rule, but instead switched the
burden to the defense to prove ONEOK had not proven the required elements. This lack of integri-
ty by the court denied the landowners due process and the rule of law. The "Act" clearly states the
burden of proof belongs to ONEOK and with the court unwilling to rule that ONEOK had met this
burden the defense had nothing to rebut. I obtained a copy of the court's transcript, Judge Perry's
ruling, the defendant's closing statement and ONEOK's self-issued "Order Granting Immediate
Possession" for Judge Perry to sign, The truth is clear that ONEOK did not prove the required ele-
ments. The court used the one witness's testimony that had to be hearsay and/or perjury, also,
one rebuttal witness that gave false/hearsay testimony and one rebuttal witness gave his opinion,
these witnesses acknowledged this in their testimony. Theodore Roosevelt once stated; "I shall see
to it that every man has a square deal, no more and no less." These legal documents show that
the landowners did not receive a square deal in this court hearing. My opinion is that dismissal of
ONEOK's case or a ruling for the defendants was not an option to be considered.
I now understand why ONEOK had not been concerned about siting their pipeline in Crook
County and right up to the defendant's fence line before this hearing or Judge Perry's =Official"
Ruling. ONEOK's witnesses proved that this pipeline route through the Spearfish Formation is
not a necessity or in the best interest of the public. ONEOK (155/12) told the court: Mr. Eberts,
project manager, has testified that NGLs in the raw form are =Essentially Worthless," homes can-
not be heated with NGLs; there is no market for NGLs in Wyoming and that =In raw form NGLs
don't have a particular use." There is clearly not a necessity for risking the public safety and our
environment by transporting a hazardous material through this unique geological formation. The
national news has been reporting on sinkholes and the danger being encountered by the public,
even taking human lives. The Spearfish Formation is known for landslides and sinkholes and
ONEOK's own study identified 50 sinkholes in a short distance along their route south of 1-90.
They predict that 74% of any future sinkholes along the route will put the pipeline at high risk.
The report also states: =The entire alignment reach underlain by the Spearfish Formation ap-
peared to be susceptible to the development of sinkholes" and one ONEOK's witness testified they
were having trouble with the Formation just siting their pipe. The documents show that money
is the leading factor in this route selection, this seems to supports an old saying, money talks in
Wyoming-just put enough of it in the right pockets and it will say anything you want.
To do business in Wyoming, ONEOK had to accept the Wyoming Constitution and operate in a
manner so as not to intervene with the public good and general welfare. I need to note that Gov-
ernor Mead's office had sent word to the Crook County Commissioners that whatever ONEOK
wanted to do was fine with the governor. I believe this is related to the court's ruling. When I put
Judge Perry's Ruling together with other legal documents, it showed a vast disregard and com-
plete disrespect for the Wyoming Constitution, Wyoming's statutes, and the Environmental Qual-
ity ACT by the very people sworn to up- hold them. These documents are written on the premise
of the Health, Welfare, and Safety of all the Citizens of Wyoming and the Protection of our entire
State's Environment (air and water) for Current and Future Generations. Mr. Eberts, ONEOK's
project manager and expert witness, testified: When selecting a pipeline route; "The main consid-
erations are ones of public safety and environment" and =as in this case" was not considered.
Judge Perry ruled (CRT. 8/e): through both =Fact and expert testimony" ONEOK had proved
W.S. 1-26-504{a) (ii) that the planning and location of their route was in the greatest public good
and the least private harm. Fact: Mr. Eberts, ONEOK's Project Manager, Key and Expert Witness,
took an oath, to tell the truth, the whole truth, nothing but the truth and then testified: ONEOK
Dear Editor,
Recently we had the pleasant experience of dealing with our
HomeTown Motors. We were very pleased with their service.
They gave us a deal on our car that was as good if not better
than we couldk, e gotten out of town. If you're in the market
for a car try these people. It's good to shop in town.
Wilbur and Mary Ann Crawford
Dear Editor,
The recent letter by Mr. Smoot was worthy of support and an
inspiration for me to offer some comments of my own. My wife
and I are some of the folks he spoke of, we drove thru Wyo-
ming as part of our dedicated search to find a better place to
live, and found Wyoming. Being born and raised in Illinois we
became dismayed and disgusted with the political corruption
of the elected officials there, how many states can lay claim
to having so many elected officials and Governors convicted
of corruption? As in many states with huge metropolitan ar-
eas, Chicago, New York, Los Angeles, the Democratic political
machines cater to the moochers, a multi-generational welfare
class, that uses the entire state's resources to meet the fall-
ing cities needs. But as with a disease in the body that goes
untreated, it spreads, sometimes destroying the hoist, Illinois
is a prime example. Tragically the disease has become nation
wide.
The major media outlets are all based in those cities, as are
many of the so called premier schools of higher education,
colleges and universities. The hypocritical leaders of political
parties, media and higher education enjoy their standard of
living and freedoms due to this countries morals, traditions
and laws. However as elitist do, they believe they know what
is best for everyone. Possibly some have good intentions, but
that does not make them right. In order to further their goals
their motto has become =The Ends Justifies the Means'. The
best way to further an agenda, to convince people, is to in-
clude some truth. As groups like environmentalist do to stop
the use of our natural timber resources, as the Federal gov-
ernment does with the EPA to stop the use of Coal, as the
Department of the Interior does to stop the drilling of oil and
natural gas wells. And our state government did passing a
gasoline tax that furthers private interest over the good of its
citizens. However the citizens of our country, our state have
allowed this. Why?
The common denominators in the public arenas are a pro-
fessional political class, dedicated to getting reelected to office
for life, do anything, say anything to stay in office. The great
leaders of the past where asked to serve by their fellow citi-
zens. Not by party leaders looking for syncopates who agree
with everything they are told to agree with.
Next is the media, news and entertainment, who further
their personal options with bias and even dishonest informa-
tion. Instead of presenting the events and allowing truthfully
informed citizens to make up their own minds, they hold up
as good any source that demeans the values of our past, our
Devils Tower, WY 82714 had simply "selected the most direct route," and "Balancing that risk with Public Safety Consider-
di ., Ce! .0.75555 ) Io,,na'- ek9% aTC-,9,.lrvi°!.er tal Impact', 'as' in the, case; 'ONEOK did not :,slect -lhe.betteroUte M.: .:
,r, : ..... , : ...... Eberts could not make it any cleatet,'ONEOKdifl no]I13vW.S.rrz16SO4(a)'lalld'd1dt'Pet13 '
' senareansKinrrcoqnecr;ner • " ...... , .... ,. , ..... ,
; ,. ,, ,,,, ..... ruling:is,not baed on, the facts giett m ONEOK 1ey irid klePt esfli0hy. ONEOK d16 tbld the
Representative
Mark Semlek
1307 D Road,
• Moorcroft, WY 82721
Home: 307-756-9294,
Fax: 307-756=86
Email: msemlek@wyoming.com
• Governor
Matt Mead
= State Capitol
200 West 24th Street,
Cheyenne, WY 82002-0010
Phone: 307-777-7434,
Fax: 307-632.3909
Website: governor.wy.gov/
US Senators
John Barrasso
Washington, DC Office: 307
Dirksen Senate Office Building,
Washington, DC 20510
Main: 202224-6441,
Fax: 202-224-I 724
To,free: 866-235,9553
Sheridan Office:
2 North Main Street, Suite 206,
Sheridan, WY 82801
Main: 307-672-6456
Website: barrasso.senate.gov
i
• Mike Enzi
• Washington D.C. Office: 379A
Senate Russell Office Building,
Washington, DC 205 I0
Main: (202) 224-3424,
Fax: (202)228-0359
Toll free: (888) 250-1879
Gillette Office: ....
400 S. Kendrick Avenue, Suite
.303, Gillette, WY 82716
Main: 307.682-6268,
Fax: 307-682-6501
Website: enzi.senate.gov
US
Representative
Cynthia Lummis
Washington DC Office:
113 Cannon House Office
Building, Washington, DC 20515
Phone: 202-225-231 I,
Toll Free: 888-879-3599
Fax: 202-225-3057
Sheridan Office: ....
45 E. Loucks, Suite 300F,
Sheridan, WY 82801
Phone: 307-673-40& ::
Fax: 307-673-4982
Website: lummis.house.gov/
court (157/10); the overall selection was testified to plainly and clearly by Mr. Eberts. This would
have to be hearsay and/or perjury testimony, as Mr. Eberts had testified (69/21) that he was not
working for ONEOK at the time of the route's selection. ONEOK's rebuttal witness (Kyle Pearson)
gave his "Opinion" on the procedure used, by what he called, ONEOK's =Desk-Top" selection and
planning of this route and stated his opinion was based on what Mr. Eberts had said. Hearsay
and personal opinion are not evidence and by using them to justify his ruling, I believe the judge
showed bad faith and abuse of discretion with his authority denying landowners due process and
justice under the law. Is the norm for Wyoming's courts?
The court ruled the purpose of the pipeline was to transport raw NGLs (a hazardous material)
from Montana through Wyoming to the Overland Pipeline in northern Colorado. 0neok stated
(12/23) "It will provide an adequate way to get NGLs (from North Dakota) to the mid- west conti-
nent market," this is in Bushton, Kansas or the Gulf Coast, Monte, Bellview area, but where and
what happens to the NGLs after reaching the Overland Pipeline has no bearing on this case. But,
public safety and protecting our environment with the selection of the pipeline route to the Over-
land Pipeline causes great concerns.
Judge Perry ruled that ONEOK had demonstrated a direct benefit with the taxes to be paid. Tax-
es are not a direct benefit to the public, and must be paid wherever the route is located. The evi-
dence shows that by using the most direct route the pipeline will pay fewer taxes and the location
will cause a loss of taxes. ONEOK's rebuttal witness, Molly Atkins, testified; "I'm not a tax expert,"
that she had no direct access to or knowledge of this tax information, but had simply testified to
what she had been told. Not only hearsay but evidence showed her testimony was not all correct
and when added to the list that is quite lengthy, shows the court's lack of integrity and disrespect
for the landowners, denying them due process and equal justice under the law concerning the
legal requirement of the "Act'.
The headlines read: =Wyoming Falls Flat on Integrity" The nationwide study places "Wyoming the
Third Worst State in the Nation" for being accountable to its citizens. It is now crystal clear to me
why the same study gave Wyoming Courts an "F." The report showed that without accountability
to the citizens there is a high risk for corruption. This is just a small example; accountability will
only come when the people get tired of being second rate Wyoming citizens.
Les Turgeon
Beulah
=) of Western
I TeXas Ranch Style Steak
t Submitted by Opal Oudin
Round steak
Salt and pepper
1 cup brown sugar
1 cup catsup
Cut steak into individual sizes. Lay steaks fiat in a 9x13 pan. Salt and pepper steaks
and cover the pan with foil. Bake 2 hours at 250". Mix brown sugar and catsup and
pour over the steaks and bake 30 minutes more.
Crook County CattleWomen Recipes
Brought to you by: ,.,,,= I}
On the web!
www.sundancetimes.com
country.
I;,ast Of;l'CthmO dt/ocnlatos is:the tenured higher :ed-
,ucaleofl, [Stoldor s.fl'Ivey,a1el'Idap$ I1d tst aftu) -ince
thhy*t&bEh, fdiin, the politicians and medi&' s'tars difl'rhany
public school teacher's slanted and bias points of view; decry-
ing the idea of America exceptionalism and values.
But as much at fault as these groups are we citizens are not
blameless. Not voting, accepting a lessoning of values such
as, =cutting comers', you know, everyone else does it. Not
sharing ideas with our peers, our youth, of character and
honor, respect for others and yourself, fair play. It is wrong
and dangerous letting others mold our society for us because
we are too busy to participate. Politicians, media celebrities,
educators should not be asked, or allowed to form the values
of children, let alone the direction our country. What is the
future of our country, our state if this trend of lack of partici-
pation continues? Ask this question; is the country, the state,
a better place to live now?
David Craig
POKES
hllp//www.cowpokes c0m
By Ace Reid
"Wilbur when you named this hoss 'Rover',
you named him right.., he's a dogl"
Sundance
State Bank
Member FDIC ' Equal Housing Lender
Phone 283-1074 ,-
