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Press release from Business Wire
Berry Petroleum Announces Results for Third Quarter of 2011
Thursday, October 27, 2011
Berry Petroleum Announces Results for Third Quarter of 201107:05 EDT Thursday, October 27, 2011 DENVER (Business Wire) -- Berry Petroleum Company (NYSE:BRY) reported net earnings of $134 million, or $2.42 per diluted share, for the third quarter of 2011. Oil and gas revenues were $225 million during the quarter. Discretionary cash flow for the quarter totaled $123 million and cash provided by operating activities totaled $165 million. Net earnings for the quarter were affected by a net non-cash gain on hedges and a non-cash loss on extinguishment of debt which in total increased net earnings by approximately $90 million, or $1.63 per diluted share for a third quarter adjusted net earnings of $44 million, or $0.79 per diluted share. For the third quarter of 2011 and the second quarter of 2011, Berry's average net production in BOE per day was as follows: Third Quarter EndedSeptember 30 Second Quarter Ended June 302011 Production2011 Production Oil (Bbls) 26,091 71 % 24,629 69 % Natural Gas (BOE) 10,82529%10,97731% Total BOE per day 36,916 100 % 35,606 100 % Robert Heinemann, president and chief executive officer said, "Berry's development program delivered a six percent increase in oil production during the third quarter. Production for the third quarter of 2011 was 36,916 BOE/D, representing growth of four percent over the second quarter of 2011 driven by increases in the Permian and California. Our quarterly operating margin of $47 per barrel was driven by our oil production, which increased to 71% of total production, and by sustained favorable pricing in California that averaged $12 over WTI. In addition, we continue to be encouraged by the Company's potential in the Uinta Basin where we have drilled five Uteland Butte horizontal wells with strong initial production results. We have also made progress on the evaluation of our Wasatch potential." Mr. Heinemann continued, "Like other California producers, we are being impacted by today's regulatory environment in California. While Berry received approval for our full diatomite development in the third quarter, the pace of drilling and steam injection is being slowed by the new, more stringent operating requirements of the state regulatory agencies. While this will impact our development pace in the near term, our estimates of well performance and ultimate recovery for the asset remain unchanged." "We are investing additional capital in our other assets to compensate for the slower pace of development in the diatomite. We were not able to shift our capital soon enough to make up for this impact and are lowering our production forecast to approximately 10% growth for 2011 with full-year capital expenditures of over $500 million. Looking forward to 2012, we plan to maintain our strategic focus on oil development, expect to deliver double-digit growth in production and cash flow, and invest capital within cash flow." Operational Update Michael Duginski, executive vice president and chief operating officer, stated, "In the Permian, we executed a five rig program and drilled 20 wells during the quarter. Production in the Permian increased by 35% over the second quarter of 2011 to average 5,200 BOE/D. We have been actively leasing in the Permian to increase our long-term inventory, and through the end of the third quarter, we accumulated about 11,000 additional net acres at approximately $900 per acre. With these acquisitions, our total net acreage in the Permian is now approximately 38,000 acres. During the second half of 2011 we have drilled and completed a majority of our Permian wells below the Wolfcamp in the deeper zones including the Strawn, Atoka and Mississippian. While the deeper drilling comes at an additional cost, well results to date have demonstrated increased expected EURs that justify this additional investment with development costs of between $10 and $15 per BOE. Additionally, we have continued to experience capital cost pressures, primarily related to pressure pumping services in the Permian." "In Utah, we have a total of four Uteland Butte horizontal wells. The average initial production rates of these wells are in line with our expectations. We will add five more Uteland horizontals in the fourth quarter including our first operated well which recently came online. The Company also completed six Wasatch vertical wells in the quarter with initial production averaging 100 BOE/D. We will add 12 additional Wasatch wells in the fourth quarter including two delineation wells which will improve our understanding of the productivity and the extent of the Wasatch potential on our approximate 200,000 gross acre position." "In the diatomite, average production increased by 8% during the quarter to 3,820 BOE/D. As we have described previously, the N. Midway-Sunset diatomite reservoir is very shallow and produces oil, in part, by compaction. Utilizing cyclic steam injection in this unique reservoir requires closely monitored steam volumes to minimize steam to surface as well as wellbore failures. Berry is adjusting its development plans to meet these requirements and will be compelled to proceed at a slower pace. We now expect full-year 2011 production in the range of 36,000 BOE/D." Financial Update David Wolf, executive vice president and chief financial officer, stated, "We completed two notable financial transactions in recent months. In the third quarter of 2011, we repurchased $95 million aggregate principal amount of our 10.25% Senior Notes due 2014 in the open market at a total cost of $106 million using availability under our credit facility. We realized a cash charge of $11 million and a non-cash charge of $3 million during the third quarter as a result of the retirement of these notes. These repurchases allow us to reduce our annual interest costs in the near-term and reduce the size of the 2014 maturity. We may make additional repurchases of our notes depending on market conditions, liquidity and other factors. Additionally, we completed our semi-annual credit facility redetermination on October 26, 2011. Total commitments increased to $1.2 billion from $875 million at our last redetermination and our borrowing base remains unchanged at $1.4 billion. The increased commitments were provided by existing lenders. Our liquidity after completing the redetermination and open market notes repurchases is approximately $750 million." 2011 Guidance For 2011 the Company is issuing the following per BOE guidance: Anticipated rangein 2011 Three Months9/30/2011 Operating costs — oil and gas production $ 16.50 - 18.50 $ 18.25 Production taxes 2.00 - 3.00 2.70 DD&A — oil and gas production 16.00 - 18.00 16.07 General and administrative 4.00 - 5.00 4.39 Interest expense 5.25 - 6.25 5.87 Total $ 43.75 - 50.75 $ 47.28 Explanation and Reconciliation of Non-GAAP Financial Measures Discretionary Cash Flow ($ millions): Three Months Ended9/30/2011 6/30/2011 Net cash provided by operating activities $ 165.4 $ 106.1 Add back: Net increase (decrease) in current assets 6.5 5.7 Add back: Net decrease (increase) in current liabilities including book overdraft (49.1 ) 8.8 Discretionary cash flow $ 122.8 $ 120.6 Third Quarter Adjusted Net Earnings ($ millions): Three Months Ended 9/30/2011 Adjusted net earnings $ 44.0 After tax adjustments: Non-cash hedge gain 99.0 Extinguishment of debt (9.0 ) Net earnings, as reported $ 134.0 Operating Margin Per BOE: Three Months Ended 9/30/2011 6/30/2011 Average sales price including cash derivative settlements $ 67.62 $ 66.90 Operating cost - oil and gas production 18.25 18.14 Production Taxes 2.70 2.58 Operating margin $ 46.67 $ 46.18 Teleconference Call An earnings conference call will be held Thursday, October 27, 2011 at 11:00 a.m. Eastern Time (9:00 a.m. Mountain Time). Dial 866-804-6922 to participate, using passcode 53519032. International callers may dial 857-350-1668. For a digital replay available until November 3, 2011 dial 888-286-8010 passcode 82827891. Listen live or via replay on the web at www.bry.com. About Berry Petroleum Company Berry Petroleum Company is a publicly traded independent oil and gas production and exploitation company with operations in California, Colorado, Texas and Utah. The Company uses its web site as a channel of distribution of material company information. Financial and other material information regarding the Company is routinely posted on and accessible at http://www.bry.com/index.php?page=investor. Safe harbor under the "Private Securities Litigation Reform Act of 1995" Any statements in this news release that are not historical facts are forward-looking statements that involve risks and uncertainties. Words such as "estimate," "expect," "would," "will," "target," "goal," "potential," and forms of those words and others indicate forward-looking statements. These statements include but are not limited to forward-looking statements about acquisitions and the expectations of plans, strategies, objectives and anticipated financial and operating results of the Company, including the Company's drilling program, production, resources, hedging activities, capital expenditure levels and other guidance included in this press release. These statements are based on certain assumptions made by the Company based on management's experience and perception of historical trends, current conditions, anticipated future developments and other factors believed to be appropriate. Such statements are subject to a number of assumptions, risks and uncertainties, many of which are beyond the control of the Company, which may cause actual results to differ materially from those implied or expressed by the forward-looking statements. Important factors which could affect actual results are discussed in the Company's filings with the Securities and Exchange Commission, including its Annual Report on Form 10-K under the headings "Risk Factors" and "Management's Discussion and Analysis of Financial Condition and Results of Operations." Non-GAAP Financial Measures This press release includes discussion of "discretionary cash flow," "adjusted net earnings" and "operating margin per BOE," each of which are "non-GAAP financial measures" as defined in Item 10 of Regulation S-K of the Securities Exchange Act of 1934, as amended. We believe that discretionary cash flow provides additional information to investors about our ability to meet future requirements for debt service, capital expenditures and working capital. Adjusted net earnings is useful for evaluating our operational performance from oil and natural gas properties, prior to non-cash gains or losses on hedges. Operating margin for BOE provides information about our per BOE operating profit based on operating expenses and taxes directly attributable to production. These measures should not be considered in isolation or as a substitute for cash flows from operating activities, net income, operating income or any other measure of financial performance presented in accordance with GAAP or as a measure of a company's profitability or liquidity, and may not be comparable to similarly titled measures used by other companies. CONDENSED INCOME STATEMENTS(In thousands, except per share data)(unaudited) Three Months Ended9/30/2011 6/30/2011 REVENUES Sales of oil and gas $ 225,325 $ 230,760 Sales of electricity 9,826 7,964 Gas marketing 3,612 3,985 Interest and other income, net 463 803 239,226 243,512 EXPENSES Operating costs - oil and gas production 61,979 58,780 Operating costs - electricity generation 6,965 6,891 Production taxes 9,185 8,350 Depreciation, depletion & amortization - oil and gas production 54,581 51,967 Depreciation, depletion & amortization - electricity generation 487 491 Gas marketing 3,285 3,674 General and administrative 14,922 15,910 Interest 19,928 17,712 Dry hole, abandonment, impairment and exploration 196 310 Extinguishment of Debt 14,391 - Realized and unrealized (gain) loss on derivatives, net (162,145 ) (91,808 ) 23,774 72,277 Earnings (loss) before income taxes 215,452 171,235 Income tax provision (benefit) 81,451 66,069 Net earnings (loss) $ 134,001 $ 105,166 Basic net earnings (loss) per share $ 2.45 $ 1.93 Diluted net earnings (loss) per share $ 2.42 $ 1.90 Dividends per share $ 0.080 $ 0.075 CONDENSED BALANCE SHEETS(In thousands)(unaudited) 9/30/2011 12/31/2010 ASSETS Current assets 176,153 142,866 Oil and gas properties, buildings and equipment, net 3,076,894 2,655,792 Derivative instruments 34,703 2,054 Other assets 31,461 37,904 $ 3,319,211 $ 2,838,616 LIABILITIES AND SHAREHOLDERS' EQUITY Current liabilities 237,022 270,651 Deferred income taxes 421,396 329,207 Long-term debt 1,336,729 1,108,965 Derivative instruments - 33,526 Other long-term liabilities 79,691 71,714 Shareholders' equity 1,244,373 1,024,553 $ 3,319,211 $ 2,838,616 CONDENSED STATEMENTS OF CASH FLOWS(In thousands)(unaudited) Three Months Ended 9/30/2011 6/30/2011 Cash flows from operating activities: Net (loss) earnings $ 134,001 $ 105,166 Depreciation, depletion and amortization 55,068 52,458 Extinguishment of debt 3,377 - Amortization of debt issuance costs and net discount 2,056 2,106 Dry hole and impairment 18 298 Derivatives (159,179 ) (104,963 ) Stock-based compensation expense 2,012 2,387 Deferred income taxes 85,524 63,893 Other, net 972 (5 ) Cash paid for abandonment (1,057 ) (761 ) Change in book overdraft 1,337 (714 ) Net changes in operating assets and liabilities 41,239 (13,777 ) Net cash provided by operating activities 165,368 106,088 Cash flows from investing activities: Exploration and development of oil and gas properties (152,711 ) (140,761 ) Property acquisitions (9,982 ) (143,048 ) Capitalized interest (5,572 ) (8,272 ) Net cash used in investing activities (168,265 ) (292,081 ) Net cash provided by financing activities 2,743 186,161 Net increase (decrease) in cash and cash equivalents (154 ) 168 Cash and cash equivalents at beginning of period 248 80 $ 94 $ 248 COMPARATIVE OPERATING STATISTICS (unaudited) Three Months Ended 9/30/2011 6/30/2011 Change Oil and gas: Heavy oil production (BOE/D) 18,173 17,670 Light oil production (BOE/D) 7,918 6,959 Total oil production (BOE/D) 26,091 24,629 Natural gas production (Mcf/D) 64,950 65,859 Total (BOE/D) 36,916 35,606 Oil and gas, per BOE: Average realized sales price $ 66.74 $ 71.07 -6% Average sales price including cash derivative settlements 67.62 66.90 1% Oil, per Bbl: Average WTI price $ 89.48 $ 102.34 -13% Price sensitive royalties (3.37 ) (3.85 ) Quality differential and other 4.45 (0.83 ) Crude oil derivatives non-cash amortization (6.56 ) (6.72 ) Oil revenue $ 84.00 $ 90.94 -8% Add: Crude oil derivatives non cash amortization 6.56 6.72 Crude oil derivative cash settlements (6.32 ) (13.71 ) Average realized oil price $ 84.24 $ 83.95 0% Natural gas price: Average Henry Hub price per MMBtu $ 4.20 $ 4.32 -3% Conversion to Mcf 0.21 0.21 Natural gas derivatives non cash amortization 0.02 0.03 Location, quality differentials and other (0.18 ) (0.17 ) Natural gas revenue per Mcf $ 4.25 $ 4.39 -3% Add: Natural gas derivatives non cash amortization (0.02 ) (0.03 ) Natural gas derivative cash settlements 0.42 0.39 Average realized natural gas price per Mcf $ 4.65 $ 4.75 -2% Operating cost - oil and gas production $ 18.25 $ 18.14 1% Production Taxes 2.70 2.58 Total operating costs $ 20.95 $ 20.72 1% DD&A - oil and gas production 16.07 16.04 0% General & administrative 4.39 4.91 -11% Interest Expenses $ 5.87 $ 5.47 7% Berry Petroleum CompanyInvestors and MediaDavid Wolf, 1-303-999-4400Shawn Canaday, 1-866-472-8279


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Narrow your search
Key sections of online community Reddit, including one of the site's most popular drawcards, "Ask Me Anything", are being pulled from public view in protest of the alleged firing of one its key administrators.
Pao's attorneys say the nearly $1 million she owes in legal fees to the venture capital firm is "grossly excessive."
Lawsuit accuses Apple of luring away key engineers to work within a new battery division, fueling speculation that the iPhone maker has ambitions of developing an electric car of its own.
Despite the tough market, Samsung says it has high expectations for its new premium ultra-high-def TVs and its new Tizen smart TVs.
Ever dismiss a notification on your watch, only to wish you hadn't? The latest update allows you to do just that.
The case hits a major snag as Apple punches holes in the plaintiff's purchases, rendering the suit eligible for dismissal.
Reports of the search giant's new smartphone program have led some to speculate the Nexus line is in trouble.
Cabbies hit back at Uber's new London taxi service, but the protest may have driven more customers to the controversial app.
Technically Incorrect: A North Charleston police officer decides to bare his allegiance at a very sensitive time in a very sensitive place. He is dismissed.
Typing 140 characters has come at a heavy price for an Australian newspaper after it was ordered to pay AU$80,000 for defaming one of the country's highest ranking politicians in two short tweets.


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The Global FlyFisher - The Largest and Best Place to go for Online Fly Fishing and Fly Tying
GFF Videos
Dill Pickle
Originator:Warmwater Chronicles
Submitter:Martin Joergensen
|More great articles on The Global FlyFisher
|A couple of random articles
Don't wade, you idiot!Why do many anglers stomp into the water and spook every fish in close distance before they even lay out their first cast? GFF partner Martin Joergensen recommends staying on land.
September 30th 2011


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The land of pasta, roman ruins and renaissance palaces, Italy has several interesting things to offer casual as well as educated tourists. It has the highest number of Unesco World Heritage sites than any other country in the world and its cities of art like Rome, Venice and Florence have been the centre of attraction for tourists for centuries. Emirates flies to Rome, Milan and Venice. Learn more about Italy below, or see all our destinations on the Route Map.
Fly to Milan with Emirates and enjoy the cosmopolitan atmosphere, striking architecture and cultural legacy of Italy's capital of fashion.
Fly Emirates to Rome and experience the world-class museums, ancient architecture and historical heritage of Italy's Eternal City.
Fly Emirates to Venice, Italy's Queen of the Adriatic, and enjoy the labyrinthine waterways and art history of this maritime city of culture.
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13 Deals again offers a Copper Comfort Compression Ankle or Elbow Brace for $7.99 with free shipping. That's tied with last week's mention as the lowest total price we've seen for these braces. (It's the best we could find now in either style by a buck.) It purports to improve circulation, ease arthritis, increase muscle and joint recovery, and boost athletic performance.
Also available is a knee brace for $9.78 with free shipping. That's also tied with our April mention, the best we've seen, and also a current low by a buck.


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You can now invite anyone to meet at your favorite Starbucks.
Limited-time feature
56 year old man | Cranberry Township, PA, USA | Seeking women 42-53 within 25 miles
Active within 24 hours
OK.... Here goes AGAIN!!! One more try at this...
OK.... Here goes AGAIN!!! One more try at this match thing.. I would like to meet a woman that is fun, loving ,adventuresome, caring, passionate, healthy both mentally and emotionally, and happy with herself.. Someone that is family oriented, and loves to cook, eat, and drink wine!!...Although not in excess..Did I mention passionate, healthy both mentally and emotionally..???..;) I love to have fun and laugh.. I'm one of six children... 4 girls and 2 boys..I'm in the middle- - - 4 girls.huh . you can imagine that they taught me how to treat a woman.. I'm of Italian descent, thus the love of cooking, eating, and drinking wine!!! I'm kind, loving, very passionate, trusting,(sometimes to a fault) caring, and very romantic..!! I'm a great son, a great father, a great brother, and a great friend and lover... I own my own house and car and don't want a woman to take care of me..financially... I can't wait to wake up in the morning next to you and look into your eyes and say "Buon Giorno Principessa" (which means "Good Morning Princess" in Italian,) And when we are in our years, to look at you and say "Ne io senza te, Ne te senza me" ( which means in Italian," Neither Me without You Nor You without Me") I got out of a 13 year relationship a couple of years ago, and now I'm ready to date again and find someone who wants to have a good and healthy relationship. Well, there you have it...! At least some of it..! I HAVE REFERENCES TOO!!!! I'll give you names and numbers..!!! Honestly..!! just ask me... I have nothing to hide... . Although I don't make that much, I'm so rich in so many other ways then money.. I think that looking past the income you may find someone who is actually nice and kind, and "normal"... Besides the income, my age does not reflect the youthful person that I am!! So full of life and energy!! Oh well... Ready to give up on this match thing!!! No success!!! only misleading connections and people totally not anyone I'm looking for.. Oh Well..... .. Maybe we'll talk soon.... ; - D
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Cycling, Other types of exercise, Walking / Hiking
I exercise 3-4 times per week.
I like Birds, Cats, Dogs, Exotic Pets, Fish, Horses
Middle of the Road
my house it's a sanctuary.. Aruba.. one of these days. Italy!!! I've been there several times, but the next time hopefully, it will be romantic...
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I think it was People magazine, In Style magazine, Bon Appetit magazine
Z{{Cta}} {{#if HasMoreInfo}} ?{{CtaSecondary}} {{/if}}
|What he is looking for
|5'10" (177cms)
|5'0" (152cms) to 5'10" (177cms)
|Body type:
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I love going to mass every weekend... It's so uplifting..Would love to find someone that feels the same..!
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I went to cosmetology school...


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As playwright and performer, Anna Deavere Smith has created a body of theatrical works that she calls "On the Road: A Search for American Character." Based on actual events in recent American history, and evolving from the many interviews she conducts, each play explores the language of racial and cultural differences. Her verbatim portrayals, interwoven with documentary footage, are performed as one-woman shows in which Smith gives voice to characters as diverse as the American experience.
The 14th play in the series, "Twilight: Los Angeles, 1992" was a progression from Ms. Smith's previous work, "Fires In The Mirror: Crown Heights, Brooklyn, And Other Identities," which explored the 1991 clash between black and Orthodox Jewish communities in Brooklyn.
Here you will find interviews with Anna Deavere Smith as she discusses aspects of her work including her search for American character, her process of finding and interviewing people, and the adaptation of stage to screen. These videos require the RealPlayer plug-in. To learn more about the people involved in the production of TWILIGHT: LOS ANGELES, check out the bios of playwright and actress Anna Deavere Smith and director Marc Levin.
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TCEQ Drought Rule Could Result in Takings
The National Oceanic and Atmospheric Administration predicts the current drought will continue or intensity for most of Texas over the coming months. The Lower Colorado River Authority has warned that, unless conditions improve, drought conditions this year could be worst on record.
In its current session, the Texas legislature has responded to drought primarily by looking to the long-term. The highest-profile bills filed to date would commit large sums to financing water infrastructure projects. Those projects would not be built for many years, though, and could offer no more than a psychic salve for current difficulties.
For the time being, the state will have to survive on existing infrastructure and skillfully deployed policies. These policies will vary. They could include standard-issue drought measures like watering restrictions or heightened protocol for water shortage reporting, as would be required under HB 252.
It is likely, too, that the state agency with the primary authority for water regulation – the Texas Commission on Environmental Quality (TCEQ) – will employ a controversial water management rule it promulgated last year.
At a glance, the rule simply institutionalizes the guiding principle of the water appropriations doctrine – first in time, first in right. It provides that, when a downstream senior appropriator makes a priority call, the TCEQ may suspend upstream junior appropriators whose diversions threaten the rights of the senior appropriator. The devil in this set of details is that TCEQ may choose to exempt certain rights holders from the suspension on the basis of what the regulations vaguely define as "public health, safety, and welfare concerns."
The rule upends the appropriations doctrine that has traditionally governed Texas water rights and, at the time TCEQ released the initial draft of the rule, some commentators warned that applying it in a way that carved out favored appropriators would result in unconstitutional takings.
TCEQ has maintained that the rule does not a pose a risk of takings. In the takings impact analysis it published with the rule, the TCEQ presents five arguments to support this view. As discussed below, none of the arguments are convincing. (Whether there actually could be a taking is a matter for another day; takings law is notoriously convoluted and, in the water context, especially so.)
1. Existing Statutes
The agency claims that two sections of the Texas Water Code – 5.013(a)(1) and 11.027 – grant it authority to selectively suspend. But that isn't the case. Section 11.027 merely codifies the "first in time" principle.
Section 5.013(a)(1) defines agency jurisdiction to encompass "water and water rights including the issuance of water rights permits, water rights adjudication, cancellation of water rights, and enforcement of water rights." At first blush, this statute may seem more promising, but TCEQ did not explain the specifics reasons it supposedly grants the authority.
The agency could have meant that "the issuance of water rights permits" includes some level of authority to subsequently modify those permits. In the only published case remotely on point, Friends of Canyon Lake v. Guadalupe-Blanco River Authority, an Austin appellate court found that the statute authorized the TCEQ's predecessor agency to amend a water permit upon application from a rights holder even if the application was incomplete. That case gives no reason to believe, however, that TCEQ could modify a permit unilaterally, without consent from the permittee.
Alternatively, the TCEQ may have intended that the phrase "enforcement of water rights" to support the curtailment rule. By suspending junior appropriators upon a priority call from a senior appropriator, the TCEQ is no doubt enforcing the water rights of the senior appropriator. But enforcement does not require the agency take the added step of exempting certain junior rights holders from the suspension.
2. Reallocating Supplies
TCEQ next argues that, in exercising the curtailment rule, it is not so much exempting preferred junior rights holders from suspensions as it is reallocating water that resulted from the suspension but would otherwise go unused. The agency explains: "If a senior water right is not able to use the water that it is authorized to under the law and needs that water, the junior water right holder does not have a right to that water and it is not a statutory or constitutional taking … The same reasoning applies to a temporary suspension or adjustment based on emergency shortage of water because the executive director action will be based [on] the rights of a senior or superior right water holder."
This argument is somewhat disingenuous. The executive director action – the suspension order -is "based" on the rights of the senior appropriator making the priority call only to the degree that those rights dictate the priority date and require that a certain volume of additional water reach the appropriate diversion point. Beyond those two parameters, the permit is developed at the discretion of the executive director.
If the sole purpose of the order is to protect the entitlement of the senior appropriator, the executive director would theoretically impose the order on the smallest portion of the river needed to accomplish that purpose. As a consequence, the volume of water passing through the river would increase, but only enough to ensure the senior appropriator received its full entitlement. There would still not be much water that, in the words of TCEQ, the "senior water right is not able to use." There would certainly not be enough for TCEQ to set aside to satisfy the appropriations of entire classes of preferred rights holders.
To create such a bounty, TCEQ would have to expand the scope of the order. At that point, the order would be "based" on the rights of the senior appropriator and the policy preferences of TCEQ. The analogy TCEQ cited in its takings impact analysis, of water being leftover when a senior rights holder does not use its full appropriated share, would not hold.
A recent application of the rule illustrates this point. Last fall, Dow Chemical, which operates a plant in Freeport, near the mouth of the Brazos River, made a priority call. The watershed was in drought at Dow's diversion point and, according to a finding of fact TCEQ made at that time, "Dow is currently unable to divert the amount of water it needs and that is authorized under its water rights due to low flow in the river.
The table below shows Dow's water rights. At the time the company made the priority call, it was using 84,898 of its authorized water. Put another way, Dow was using all 20,000 acre-feet of its appropriation with a priority date of February 28, 1929 and 64,898 of its appropriation with a priority date of February 14, 1942, leaving the company entitled to an additional 85,102 acre feet of water from its February 14, 1942 appropriation.
Dow Chemical – Certificate of Adjudication 12-5328
Diversion (acf/year)
Priority Date
February 28, 1929
February 14, 1942
Industrial and Municipal
April 4, 1960
March 8, 1976
The TCEQ thus suspended all waters rights junior to February 14, 1942, from all points on the Brazos downstream of Possum Kingdom Lake, with the exception of rights belonging to municipal and electric users. According to a complaint filed by the Texas Farm Bureau against the Brazos order, the TCEQ suspended 141,090 acre feet of water per year but permitted municipal and electric holders to continue to use 3,076,056 acre feet of junior appropriations per year. These figures suggest that, assuming the river system engineering allowed, the agency could have enforced Dow's senior rights by issuing a more geographically confined order that suspended the rights of some municipal and power users.
3. Blaming the Drought
The TCEQ further argues that the rule cannot result in a taking because it is the drought – rather than the application of the drought rule – that reduces flows, forcing a senior appropriator to make a priority call and the agency to impose a curtailment order. "Thus, the 'drought' and 'other emergency shortage of water' sections of this rulemaking are actions that are not takings because junior water rights take water under their water rights subject to senior rights, or are taken in response to a real and substantial threat to public health and safety, are designed to significantly advance the health and safety purpose, and do not impose a greater burden than is necessary to achieve the health and safety purpose."
This description portrays the agency as a passive and somewhat helpless actor in the face of adverse meteorology. But that isn't so. The appropriations doctrine is borne of scarcity; its animating purpose is to provide an orderly and trusted method of allocating water at times when appropriations exceed available water supplies. Drought conditions require that TCEQ enforce the appropriations regime; they do not require that the agency selectively deviate from the appropriations regime by effectively overruling the established priority of rights for the benefit of preferred users.
4. Maintaining Priority
The TCEQ claims that the exercise of the curtailment rule does not constitute a taking because it does not alter existing water rights. "The commission disagrees that any taking is implicated by these rules because the 'more senior' junior water right holder is still junior to the senior water right making the call or being protected, and may legally be cut off by the call, whether or not the municipal user is cut off."
The fundamental problem with the curtailment rule is not that it regards junior holders as junior to the senior holder making the priority call but that it treats junior holders as junior to even more junior preferred holders. The rule reshuffles appropriators, subverting established priorities, in two ways.
First, as described approve, the rule allows the TCEQ to decide the reaches of the river along which to suspend water rights. If the appropriation of the senior holder making the call could be satisfied by imposing the suspension along only 100 miles of a river, but the agency instead imposes the suspension along 400 miles so as to reserve water for preferred junior holders, then the agency is treating the upriver junior holders who have been discretionarily suspended as junior to the municipal and electric users who receive these reserved flows.
Second, if the suspension creates flows of appropriated but mandatorily unused water, that water should be allocated on a priority basis. But the TCEQ withholds this water from junior irrigators and apportions to it to municipal and electric users who could be even more junior. By reallocating previously appropriated water according to policy preferences and then blaming that reallocation on priority call of the senior appropriator, the TCEQ is simply playing a regulatory shell game.
5. Police Power
Finally, the TCEQ rests the curtailment rule on its police powers. The agency claims the police powers doctrine imparts it with the "authority to protect the public health and welfare … [and] the duty not to manage water rights in a way that is detrimental to the public health and welfare."
To support this view, the TCEQ quotes from Barshop v. Medina County Underground Water Conservation District, a Texas Supreme Court case rebuffing several challenges to the facial validity of the Edwards Aquifer Act. There, then-Justice Greg Abbott observed that, under Article XVI, § 59(a) of the state constitution, "preserving and conserving natural resources are public rights and duties."
In the TCEQ takings impact analysis, and in Barshop itself, the police power is discussed in a way that resembles the public trust doctrine. Some environmentalists have argued that Article XVI, § 59(a), does give rise to a public trust doctrine in Texas, where as in most Western states the doctrine currently exists in only a hazy form.
Last year, however, an Austin trial court held that the doctrine could require TCEQ to regulate greenhouse gas emissions. Since the doctrine has traditionally applied to water, it could potentially be stretched to justify the curtailment rule. Rather than venturing such an argument, however, TCEQ sticks to a police powers doctrine that it has invested with public trust dimensions.
It is unclear, though, whether the drought curtailment rule would represent an appropriate use of police powers authority. A few Texas cities are up against a legitimate risk of running out of water. But for others, the threat is to creature comforts rather than sheer existence. Is it genuinely "detrimental to public health and welfare" if homeowners cannot fill swimming pools – or must pay prices to fill their pools that reflect the scarcity of water?
Some may consider such a scenario detrimental – the police powers doctrine has certainly been used to support all manner of regulations meant to provide aesthetic or recreational benefits. But even if the doctrine gives TCEQ the authority to use the curtailment rule and to tinker with appropriations priority, it does not necessarily give TCEQ the authority to do so without compensating those who sustain losses as a result.
In Barshop, the court recognized that, assuming a property owner "possess a vested property right in the water beneath their land, the State still can take the property for a public use as long as adequate compensation is provided." The same reasoning would apply to the drought curtailment rule. That is, the TCEQ could use its police powers to reallocate vested water appropriations through selective enforcement of a drought curtailment order but would have to compensate.
The TCEQ categorically and somewhat elliptically brushes past this notion of compensation. It cites to Barshop and to a Water Code Section – 11.134(b)(3)(C), which mandates that the TCEQ may grant an application for an appropriation only if the proposed appropriation "is not detrimnetal to the public welfare." And based on these citations, the TCEQ concludes "this rulemaking is either not covered by or is exempt from the coverage of Texas Government Code, § 2007.003(b)(13)"
Section 2007.003(b)(13) states that the Private Real Property Rights Preservation Act applies to governmental actions intended to advance health and safety. The act is a property rights law that, as its name implies, protects real property. While groundwater rights may directly connect to real property, as may surface water rights in a riparian regime, appropriations of surface water are not real property and would presumably not fall under the act.
Curiously, TCEQ fails to cite the provision in the Texas constitution – Article I, Section 17 – that actually is the basis for takings claims and that could ensnare reallocations under the drought curtailment rule.


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Duloxetine in Treating Peripheral Neuropathy Caused by Chemotherapy in Patients With Cancer
The recruitment status of this study is unknown because the information has not been verified recently.
Verified March 2011 by National Cancer Institute (NCI).
Recruitment status was Active, not recruiting
Recruitment status was Active, not recruiting
Cancer and Leukemia Group B
Information provided by:
National Cancer Institute (NCI)
ClinicalTrials.gov Identifier:
First received: June 20, 2007
Last updated: March 4, 2011
Last verified: March 2011
- Full Text View
- Tabular View
- No Study Results Posted
- Disclaimer
- How to Read a Study Record
No Study Results Posted on ClinicalTrials.gov for this Study
|Study Status:
|This study is ongoing, but not recruiting participants.
|Estimated Study Completion Date:
|No date given
|Estimated Primary Completion Date:
|January 2010 (Final data collection date for primary outcome measure)
No publications provided by National Cancer Institute (NCI)
Publications automatically indexed to this study by ClinicalTrials.gov Identifier (NCT Number):
Publications automatically indexed to this study by ClinicalTrials.gov Identifier (NCT Number):
Smith EM, Pang H, Cirrincione C, Fleishman S, Paskett ED, Ahles T, Bressler LR, Fadul CE, Knox C, Le-Lindqwister N, Gilman PB, Shapiro CL; Alliance for Clinical Trials in Oncology. Effect of duloxetine on pain, function, and quality of life among patients with chemotherapy-induced painful peripheral neuropathy: a randomized clinical trial. JAMA. 2013 Apr 3;309(13):1359-67. doi: 10.1001/jama.2013.2813.


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Originally written on RealGM | Last updated 6/29/13
Just last year, Chris Copeland rejected substantial proposals from clubs to fulfill his desire to play in the NBA. After a breakout season with the New York Knicks, Copeland knows he'll once again have to pass up larger offers for his hope: a return to the Knicks. European powerhouse FC Barcelona has elevated its pursuit of Copeland and wants to start negotiations on a lucrative contract for the 6-foot-8 forward, league sources told RealGM. Copeland will listen to all potential suitors, but still, he's made clear his willingness to return to the Knicks even if they aren't able to match his most pricey offer. "Returning is very much an option," agent John Spencer told RealGM. "He turned down several options to play, turned down enormous money to get an NBA opportunity last year. He wants to play and wants to contribute. The Knicks are a good organization, with Mike Woodson and the list goes on. "There's a chance another team will potentially pick him up, obviously, but the Knicks gav...
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Golden Explorers
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Golden ExplorersGolden Explorers (2002) Season 2 Episode 209- Dora the Explorer Cartoon Episode Guide
This page has been viewed 9 times this month, and 294 times total.
- Dora the Explorer Cartoon Episode Guide
- Nickelodeon
- Distributed by: Nickelodeon Network
- Cartoon Characters: Dora, Boots, The Map, Swiper, Fiesta Trio, Backpack, Benny, Tico, Isa, Ricardo, Dinosaurs.
- Originally Released in 2002.
- Season: 2
- Color
- Running Time: 11 minutes.
- U.S.A. / South Korea
Cartoon Summary:
Dora and her friends form a soccer team called "The Golden Explorers," and play a game against "The Big Dinosaurs."
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Special limited edition release, in a double slimline jewel case, adds an acoustic version of 'Come Down' to their triple platinum debut album and also includes a four track bonus disc of live recordings from March 1996. 17tracks.
The influence of the Seattle sound is widespread enough that this London, England, foursome comes off like Eddie Vedder's bastard offspring. Imitation usually breeds contempt, but the energy and intensity displayed here overcome any skepticism. "Everything Zen," "Little Things" and "Machinehead" are all standout tracks. --Jeff Bateman
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Lingerie Store PrestaShop Theme 30292
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Lingerie store template with a focus on bras and knickers. There is a vast array of models featuring different styles of lingerie on display in the two columns. There is a pink heart icon next to the black cursive logo that says Lingerie Store and can be customized. Lingerie Store PrestaShop Theme 30292 has a width of 1332 pixels and is available in the following sources: .PSD, .PHP, and .TPL. Software required includes Winzip 9+ (Windows) or Stuffit Expander 10+ (Mac) for uncompressing .zip files, Adobe Photoshop CS+, Apache Server, Adobe Dreamweaver 8+ (or any php-editor), PHP v. 5 or higher, MySQL 4.1.14 or later, PrestaShop 1.3, and Prestashop 1.3.1.x. It has had a total of total of 4 downloads since it first appeared.


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Movie Reviews
4:23 pm
Fri March 5, 2004
It's arid and slow.
By John DeSando, WCBE's "It's Movie Time"
In 1890 it appears there was little enough for a cowboy to do, so why not win some money racing the titular mustang, Hidalgo, against 100 of the best Arabian horses in the world--in Arabia! Viggo Mortensen, playing the legendary cavalry-courier Frank Hopkins, who supposedly won about 400 long-distance races, negotiates the sands, wily Sheikh Riyadh (Omar Sharif), his doe-eyed daughter, Jazira (Zuleikha Robinson), and a nefarious Brit blonde Lady Ann Davenport (Louise Lombard) to--Well, I'm not going to spoil the outcome because that is the only plot point worth anything.
This is "Seabiscuit" on sand, a Western in the East with all the Hollywood clich?s perfectly preserved from sun and wind. Does Davenport lust after the studly cowboy? Does the young daughter hope to snag the cowboy and toss off her veil? Is there a wicked Arabian contestant, guided by the scheming Brit, who will stop at nothing to win? These are just a few of the relentless plot antiquities chosen by director Joe Johnston ("Jurassic Park III") to move a weary plot to its obvious conclusion.
I can't figure out how the film couldn't be suspenseful, but I began to feel it was all in real time as I reached for my bottled water in sympathy for Hidalgo and the cowboy. There was, however, a hint of intelligence when the idea of "infidel" was mentioned. Sheikh Riyadh refusing to touch the cowboy infidel lest sheikh lose his ability to see the future was intriguing, as was Riyadh's unwillingness even to touch the infidel. The Muslim culture is the most interesting part of the film. Contemporary mid-Eastern attitudes toward the West translate appropriately at the turn of the 20th century.
"Hidalgo" might have been released last year--Now you know why it wasn't. It's arid and slow. Lightened only briefly by a simple shot of Sharif playing cards in a tent, a sly reference to his mastery of Bridge, something eminently better for him to do than playing a fatuous sheikh. Jizara asks Hopkins, "Why do I feel that you truly see me when others do not?" The answer is, like the film, obvious: She's taken off her veil.
Robert Lynd said, "In choosing the winner of a horse race, a good guess may beat all the skill and all the special knowledge in the world." I'm guessing Hopkins wins and the movie loses.
John DeSando teaches film at Franklin University and co-hosts WCBE's "It's Movie Time," which can be heard streaming at www.wcbe.org Fridays at 3:01 pm and 8:01 pm. Contact him at firstname.lastname@example.com.


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It's just huge ...
Svetlana L.
from Seattle, WA
on 3/9/2010
The plan was to have a normal size mesh bag to go short distance to the pool. Even with regular load of towel, jammers, shampoo etc., it takes a while to fish out your gear from this enormous bag. If you load it to the full capacity, you will come to training screaming from the ropes cutting into your shoulders. Useless ourchase.
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Love it!!
Christine C.
from Oak Park, MI
on 4/20/2013
Love this bag - use it to transport my aqua belt that I bought on this site as well......Bag is large and the mesh helps the belt dry out quickly.No regrets.....
Nike Mesh Bag
from Forestville, MD
on 6/27/2012
The mesh bag exceeded my expectations. It was exactly what I needed. SwimOutlet sent the product quickly through FedEx without any issue. My first time purchasing a product from SwimOutlet, but definitely not my last. Keep up the good work........
Perfect Choice
from Ohio
on 11/1/2010
Ordered for our team as a reward for their awsome season and they were perfect..great quality and large enough for lots of STUFF..
Great bag. Perfect size.
from Highland Village, TX
on 8/25/2010
We've had many mesh bags. This one IS THE PERFECT SIZE.
Useful but...
from Fairfax, VA
on 8/7/2010
Wish it had a small pocket for keys, goggles, passes...
the bag is great
from Denver, CO
on 7/28/2010
I bought the bag to store my swim gear while allowing it to dry and it works great, sturdy, but was bigger than expected. Feels more like a bag that you would carry basketballs around in. Otherwise no complaints
as expected
from Dulles, VA
on 7/20/2010
The quality, size, the function, are all as expected. Holds all:fins, paddles, buoey, kickboard, towel, jammer, and goggles: the equipment in one bag, meaning less things to carry.
Good size bag to keep stuff
David H
from Denver, CO
on 8/14/2014
Bought two bags to keep stuff tidy in car trunk - perfect.
too big
from Miami, FL
on 3/20/2014
The bag looks good but it really big
Nike swim bag
from manchetser, NH
on 7/31/2012
biggger than I thought works great
Big bag, holds alot!
Jill W.
from Bronx, NY
on 4/26/2012
After reading the reviews on this bag, I bought this one instead of the smaller ones. I was looking for this to hold all of our snorkeling gear. That includes lifejackets, fins, snorkels, water shoes. I had to use 2 bags but there was plenty of room. The price was great, so buying 2 wasn't an issue.
Huge nike bag
from Alvin, TX
on 3/4/2010
I thought this would be a small gym bag but i was wrong. So first i cleaned my athletic locker first which still had everything from football season, and now i have 3 towels 2 jammers 2 goggles a swim cap and still have room for anything else.
way too big
james b.
from fond du lac, WI
on 2/13/2010
not happy
from Lancaster, NY
on 2/4/2010
This mesh bag is awesome. It's way bigger than I thought. With 2 swimmers I love all the wet stuff I can fit in it after a swim meet. All the wet stuff is contained in one bag that is easy to unload to the washroom when we get home. The price was unbelievable too.
Nike Swim Mesh Equipment Bag
from Syracuse, NY
on 1/22/2010
Son uses this bag to bring towel, jammer, goggles, glasses case, and snacks to practice. Still have plenty of room. Wish it did have a smaller zip pouch inside to put phone.
Big Bag
Meg N.
from Eagan, MN
on 1/5/2010
This bag is bigger than I anticipated, more like a laundry bag. Did not work for my intended use but nice to have for extra sports equiptment or bulky items.
Did the job.
from Oregon
on 11/29/2009
Too big for my 10 y/o, but fine for the 15 y/o. Not what I expected but worked fine.
I like it!
Sayla S.
from Springfield, MO
on 11/6/2009
Solid construction. Has held up well with abuse of typical teenager usage. Would recommend this product.
from Chicago, IL
on 11/4/2009
I`m satisfied with this item as it is very large to put anything inside