Questions for the Exec Dir – Audubon Saline Lakes Program

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This section contains documents generated by our Great Salt Lake Working Group during the Spring of 2018 --

(1) A 3/31/2018 notice to all of our 150 members soliciting their participation in the revival of our Great Salt Lake Working Group.

(2) A 4/7/2018 e-mail to the Executive Director of the National Audubon Society’s Saline Lakes Program after she refused to meet with us but invited us to “please feel free to reach out to me with your questions.” As invited, our 4/7/2018 e-mail contained our questions. However, the Executive Director refused to answer any of them.

(3) A 4/24/2018 letter to National Audubon Society CEO David Yarnold (with a copy to the CEO General Counsel) describing all of the efforts of our Great Salt Lake Working Group 2016-2017 enclosing copies of the salient documents that were generated between 10/31/2016 and 4/5/2017. [The letter did NOT mention the behavior of the Executive Director of the Saline Lakes Program.] The stated purpose of the letter, since we had been the only organization to advocate litigation to save Great Salt Lake and the National Audubon Society had announced during the summer of 2017 that it would engage in such litigation though none had been instituted in the ensuing year, was “whether your organization would be willing to permit any donors we might solicit to make contributions directly into a special fund or restricted account that would only be used to finance the litigation.” The 4/24/2018 letter invited CEO David Yarnold and his General Counsel to breakfast or lunch at the Harvard Club of NYC on either Thursday May 10 or Friday May 11 to discuss this matter. Nothing has been heard from either CEO David Yarnold or his General Counsel.

(4) A 6/14/2018 letter to each of the Members of the Board of Directors of the National Audubon Society apprising them that CEO David Yarnold and his General Counsel refused to permit “ear marked” contributions and, as a result, John Karls was forced on Friday afternoon May 11 and Saturday morning May 12 to steer two friends, each of whom was ready to write an 8-figure check to charity, to other causes.
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johnkarls
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Questions for the Exec Dir – Audubon Saline Lakes Program

Post by johnkarls »

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---------------------------- Original Message -----------------------------
Subject: Re: Request For Information
From: ReadingLiberally-SaltLake@johnkarls.com
Date: Sat, April 7, 2018 5:00 pm MDT
To: Marcelle Shoop
Bcc: Members of Reading Liberally’s Great Salt Lake Working Group
Attachments:

RL-e407-Att111-US Post Office Return Receipts Showing (1) a copy of Attachment 2 was addressed to Mr. David Yarnold, CEO of the National Audubon Society, and was “picked up” by his representative 11/4/2016; and (2) a copy of Attachment 4 (which included as enclosures copies of Attachment 3 and Attachment 2) was addressed to Mr. David Yarold, CEO of the National Audubon Society, and was “picked up” by his representative 4/12/2017.

RL-e331-Att222- Our 10/31/2016 Letter to Each of The 3 Members of the Mormon Presidency and to Each of The 12 Apostles Who, Together, Govern The Affairs of The LDS Church

RL-e331-Att333-Our 3/16/2017 Letter to Gov Herbert Attaching the 1/23/2017 Transcript of The State of Utah Div of Water Resources Announcement That The Bear River Pipeline Was NOT Needed

RL-e331-Att444-Our 4/5/2017 Letter (Mistakenly Dated 2016) to Each of The 3 Members of the Mormon Presidency and to Each of The 12 Apostles Who, Together, Govern The Affairs of The LDS Church

RL-e403-Att555-Salt Lake Tribune Article – 7/15/2017 – National Audubon Society Establishing Saline Lakes Program Office in Salt Lake City

[Editorial Note -- Attachments 2-4 can be found in the first section of http://www.ReadingLiberally-SaltLake.org in the posting in that section entitled “3/25/2017: Gov. Herbert Signs Great Salt Lake Death Warrant” where they comprise that posting’s three embedded Adobe.pdf files available there for download. Attachment 5 can be found at the end of the “Gov. Herbert Signs Great Salt Lake Death Warrant” posting. If anyone wants a copy of the first attachment, it will be provided on request to ReadingLiberally-SaltLake@johnkarls.org.]
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Dear Marcelle,

We are very sorry that you did not respond to our request for an appointment anytime during this past Wednesday, Thursday or Friday.

Not only because being forced to comply with your earlier invitation “to reach out to me…..with your questions” in written form precludes a cordial conversation in which questions can be geared to earlier answers.

But also because questions in written form, in order to avoid misunderstanding, begin to sound very legalistic.

We trust that despite any appearances that are forced by written questions, you will not think for a moment that we are not motivated by the same goal as you (to save Great Salt Lake) and that we do not want to explore whether it is possible, from the situation as it exists today, to collaborate with you and the National Audubon Society to accomplish the goal of saving Great Salt Lake.

********************
As Requested, Our Questions --

*****
Question 1-3

The fifth attachment to this e-mail is a 7/15/2017 Salt Lake Tribune Article announcing that the National Audubon Society would be establishing a Saline Lakes Program Office in Salt Lake City. From the way it is written, it appears that an interview with you was the basis of the article. [A Google search does not disclose any Press Release from the Head Office in NYC of the National Audubon Society.]

1. Were you the source of the information in this article?

2. When was the Saline Lakes Program Office in Salt Lake City actually opened?

3. The eighth paragraph of the Tribune article says: “So the Audubon Society's latest initiative will seek to ensure these saline lake systems have the water they need, with a focus on legal negotiations and government intervention.” Assuming you were the source for this information --

3(A). What type of “legal negotiations” did you have in mind, and with whom did you anticipate conducting such “legal negotiations”?

3(B). Have you now in fact conducted any “legal negotiations”?

3(C). If so, could you be specific vis-à-vis each set of “legal negotiations” regarding (i) with whom they were conducted, (ii) the date on which each was conducted, (iii) whether the negotiations were conducted pursuant to a lawsuit that had been filed, or merely under threat of filing a lawsuit, (iv) the type of lawsuit that was filed or threatened, (v) the outcome of the negotiations including any agreement that might have been reached.

*****
Questions 4-6

Attachment 3 comprises our 3/16/2017 Letter to Gov. Herbert Attaching the 1/23/2017 Transcript of The State of Utah Division of Water Resources Announcement That The Bear River Pipeline Was/Is NOT Needed.

[NB: A copy of that letter and transcript were enclosed with Mr. Yarnold’s copy of Attachment 4, which was received per Attachment 1 by his representative on 4/12/2017.]

BTW, the announcement of The State of Utah Division of Water Resources that the Bear River Pipeline was NOT needed UNTIL 2035 IF EVER was reported in several news-media outlets. The reason why we used the transcript from the local Fox News Television Station is that the Utah Governor is Republican so we presumed that he would be more likely to accept Fox News reporting as accurate.

4. Were you aware of the 1/23/2017 announcement of The State of Utah Division of Water Resources that the Bear River Pipeline is not needed until 2035 if ever because growing alfalfa hay for export to China IS SO WASTEFUL [U/U professors reported, as sated in Attachment 2, that 82% of all of Utah’s water usage is consumed by the agricultural industry (vs. only 6% for residential lawns and gardens) – with 65% of all of Utah’s water usage dedicated to growing alfalfa hay for export to China] means that as farmland is converted to residential use, the demand for water ACTUALLY DECLINES?

5. When and how did you become aware of that announcement? For example, did the NYC Head Office of the National Audubon Society provide you with a copy of what had been received by Mr. Yarnold on 4/12/2017?

6. In each of your “legal negotiations” that were the subject of your answers to Question 3, did you use the 1/23/2017 announcement of The State of Utah Division of Water Resources as part of your legal argument?

*****
Questions 7-9

Attachment 2 comprises our 10/31/2016 Letter to Each of The 3 Members of the Mormon Presidency and to Each of The 12 Apostles Who, Together, Govern The Affairs of The LDS Church.

That letter had concluded (p. 4) with --

"It is respectfully suggested that The Mormon Church consider issuing a Press Release stating that it will take the following actions:

“1. The Mormon Church will sponsor a “legislative initiative” pursuant to Utah Constitution Art. VI Sec. 1 and Utah Code Title 20A Chapter 7 to require --

• Immediate cessation of all actions in furtherance of the Bear River Pipeline Project; and
• Dedication of all Utah State Sale Tax Funds that would have been allocated to the Bear River Pipeline Project to be spent, instead, on purchasing (or taking by eminent domain) farmland in the water districts to have been served by the Bear River Pipeline -- based on the value (if any) of the farmland if the full costs (including construction) of the Bear River Pipeline were reflected 100% in water prices.

“2. If the Mormon Church’s “legislative initiative” initiative should fail, The Mormon Church will lobby the U.S. Government to create a new National Park comprising the Great Salt Lake and its tributaries.”

[NB: A copy of that letter was sent to Mr. Yarnold and his representative “picked it up” on 11/4/2016.]

[NB: That letter was written before the 1/23/2017 announcement of The State of Utah Division of Water Resources that the Bear River Pipeline was/is not needed, and before we became aware of the existence of the 118-square-mile U.S.-owned Migratory Bird Refuge in Great Salt Lake and before we became aware that the U.S.-owned Bird Refuge OWNS THE RIPARIAIN RIGHT (WHETHER OR NOT REGISTERED WITH THE STATE OF UTAH) to all of the water currently flowing into Great Salt Lake from the Bear River -- in other words, the Bear River Pipeline Project is NOTHING MORE THAN A STATE OF UTAH ATTEMPT TO STEAL FEDERAL PROPERTY!!!]

7. Did the NYC Head Office of the National Audubon Society provide you with a copy of what had been received by Mr. Yarnold on 11/4/2016?

8. Whether or not you received a copy, do you agree with its premise that The Mormon Church through, inter alia, its weekly Sunday-morning telecast to the world entitled “Music & The Spoken Word” whose video track overwhelming features scenes of God’s nature, presumably would want to protect its image by calling a halt to the Bear River Pipeline since it is not needed?

9. Whether or not you received a copy, do you agree with its premise that if The Mormon Church merely announced its opposition to the Bear River Pipeline Project, the Utah pols would immediately call a halt to the Bear River Pipeline Project without forcing The Mormon Church to sponsor a “legislative initiative” whose outcome would be a foregone conclusion?

*****
Questions 10-13

Attachment 4 comprises our 4/5/2017 Letter (mistakenly dated 2016) to Each of The 3 Members of the Mormon Presidency and to Each of The 12 Apostles Who, Together, Govern The Affairs of The LDS Church.

It included as enclosures Attachments 2 and 3 to this e-mail.

[NB: A copy of that letter was sent to Mr. Yarnold and his representative “picked it up” on 4/12/2017.]

10. Do you agree with the letter’s conclusion that a lawsuit in Federal District Court in NYC against the U.S. Fish & Wildlife Service for a Writ of Mandamus ordering it, as the riparian owner of all water currently flowing into Great Salt Lake from the Bear River, to oppose the Bear River Pipeline Project as a theft of its water (and ordering the U.S. Fish & Wildlife Service, if it has failed to registered its riparian right with the State of Utah, to do so forthwith) -- would be successful? If not, why not?

11. Do you agree with the letter’s conclusion that a lawsuit in Federal District Court in NYC against the E.P.A. for a Writ of Mandamus ordering it to oppose the Bear River Pipeline Project -- would be successful? If not, why not?

12. Do you agree with the letter’s conclusion that the Federal District Court in NYC would have “diversity of citizenship” jurisdiction over the Mormon Church which owns a Mormon Temple diagonally across Broadway from Lincoln Center -- if all of the plaintiffs were citizens of solely the 58 member countries of the United Nations that do not even, per the official website of The Mormon Church, have Mormon missionaries?

13. Do you agree with the letter’s conclusion that the Federal District Court in NYC would have the power to order sworn depositions of the Three Members of the Presidency of the LDS Church and the Twelve Apostles of the LDS Church (who, together, govern the affairs of the LDS Church), of the Utah Governor, of the officials of The State of Utah Division of Water Resources, and of members of the Utah Legislature -- to ascertain whether the 1/23/2017 announcement of Division of Water Resources was caused by an attempt of the LDS Church to defraud environmentalists into “letting down their guard” while the Division of Water Resources races ahead to sign binding Bear River Project contracts in an attempt to “shift the equities” and put out of reach an injunction calling a halt to the project? If not, why not?

**********
If you need time to research answers to some of the questions, please provide immediately the answers that you already know.

And since you have required us to provide our questions in writing, we trust you will not object to follow-up questions.

Your friend,

John Karls


---------------------------- Original Message -----------------------------
Subject: Re: Request For Information
From: ReadingLiberally-SaltLake@johnkarls.com
Date: Tue, April 3, 2018 10:47 pm MDT
To: Marcelle Shoop
Bcc: Members of Reading Liberally’s Great Salt Lake Working Group
Attachment:
----------------------------------------------------------------------------------

Dear Marcelle,

Thank you very much for your e-mail.

Would it be possible to schedule an appointment with you?

Since I am a 76-year-old person who skies every day, my schedule can accommodate any time you might be able to spare this week -- just give me a time and I will appear at your office.

There is no need for you to prepare.

But if you should want an inkling of what I would like to discuss, you could go to http://www.ReadingLiberally-SaltLake.org and scroll down to the fifth section entitled "Emergency Meeting: Saving Great Salt Lake (Yet Again!!!)."

Thank you very much for your consideration. I look forward to meeting you.

Sincerely,

John Karls


---------------------------- Original Message -----------------------------
Subject: Re: Request For Information
From: Marcelle Shoop
Date: Tue, April 3, 2018 10:31 pm MDT
To: President of the Great Salt Lakes Audubon Chapter; ReadingLiberally-SaltLake@johnkarls.com
Cc: Great Salt Lakes Audubon Chapter; Skye Sieber
Attachment:
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Heather, thank you for passing this along and putting John in touch with us.
John, please feel free to reach out to me and or Skye with your questions.

Regards, Marcelle


---------------------------- Original Message -----------------------------
Subject: Re: Request For Information
From: Great Salt Lake Audubon Chapter
Date: Tue, April 3, 2018 4:16 pm MDT
To: ReadingLiberally-SaltLake@johnkarls.com
Attachment:
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Hi John,

Yes indeed, the Saline Lakes Program has an office here in Salt Lake and an Executive Director. They have also hired a Communications Associate. I know they were interviewing for a policy person and I think they have already made a choice, but you can ask them directly. Here's the info:

Saline Lakes Program,
National Audubon Society
231 W 800 S, Ste E
Salt Lake City, UT 84101
Office: 385-429-9804
audubon.org/conservation/western-water*

Marcelle Shoop, Executive Director [E-mail and direct dial redacted]
Skye Sieber, Communications Associate [E-mail redacted] 385-429-9804

Best,

Heather Dove
President, Great Salt Lake Audubon

* This is one of the website addresses John Karls provided to the NYC Headquarters of the National Audubon Society before contacting the Great Salt Lake Audubon Chapter, and the NYC Headquarters of the National Audubon Society was still NOT able to answer the question whether or not the Saline Lakes Program had established an office in SLC. [This website address certainly does NOT answer the question and only provides an e-mail address and telephone number for a “Western Water Communications Manager” in area code (480), wherever that is.]


---------------------------- Original Message -----------------------------
Subject: Request For Information
From: ReadingLiberally-SaltLake@johnkarls.com
Date: Tue, April 3, 2018 2:49 pm MDT
To: Great Salt Lake Audubon Chapter
Bcc: Members of Reading Liberally’s Great Salt Lake Working Group
Attachment:
RL-e403-Salt Lake Tribune Article – 7-15-2017 – National Audubon Society Establishing Saline Lake Program Office in Salt Lake City
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Dear Friends,

Attached is a Salt Lake Tribune Article from last July 15, 2017, announcing that the National Audubon Society was establishing a Saline Lake Program Office in Salt Lake City to protect saline lakes, especially Great Salt Lake. And to do so with, inter alia, litigation.

However, the National Audubon Society's website (http://www.audubon.org/section/saline-lakes-news) contains no information about whether such an office has been established.

And a few moments ago, I called the National Office (212-979-3120) and they could NOT answer the question, and asked me to contact you.

[Even though there are some "head hunter" websites indicating the National Audubon Society was trying at one point to hire a Saline Lake Program Director for Salt Lake City (https://www.joshswaterjobs.com/jobs/2016) and trying at another point to hire a Saline Lake Program Policy Manager for Salt Lake City (https://www.glassdoor.com/job-listing/p ... 2711297530).]

I'm sorry to "put the monkey on your back" but your National Office instructed me to do so.

Thank you for any information you can provide.

Sincerely,

John Karls

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