EDITORIALS

Friday, October 9th, 2009.

http://freep.com/article/20091009/NEWS05/910090304/1322/Granholm-to-merge-DNR--DEQ

The fact that we have more potable water than any other State in the Union bodes well; very well in fact, for our future as Michiganders. Considering water is deemed the most valueable resource on the planet this State should easily be the wealthiest in all these United States. I believe it is!!

I don't propose the outright sale of our water in any form but I do think we should use the resource as a velvet hammer... A competitive leverage to bring forward thinking companies and individuals back to this four-season playground. Michiganders have always supported the notion of conservation and resource protection when the issue has been on the ballot; and we will have an opportunity to do so again regarding the protection of this most valuable mineral... H2O!

Organizations like Michigan Farm Bureau, Michigan Manufacturer's Association and Michigan Chamber of Commerce will pull-out their wildest lobbying efforts and scare tactics to defeat incorporating the Public Trust Doctrine into our State Constitution and they're likely to have the help of the golf indistry and water bottling thugs like Nestle' Corporation to help fund their campaign of terror. Greed knows no bounds or has no loyalty... But we already know that don't we? 

Remember that giant sucking sound and all that hot air? Keep our water in this Great Lake State!

Monday, August 3rd, 2009!

Read this friends... This details how and why we need an amendment to the Michigan Constitution regarding the Public Trust Doctrine!

http://www.record-eagle.com/opinion/local_story_213195108.html

Sunday Evening, November 23rd, 2008.

A word regarding the place of sports in our current world; or at least how I see them in mine...

My high school alma-mater had the opportunity to play in the Michigan High School Athletic Association's semi-finals this weekend in division 4 football. A first for the school district after making history with their first win over old nemisis Marysville in round one, Mt. Morris in round two and Clintondale for a regional championship in week 3. These young men won the rather enviable task of playing perennial parochial powerhouse Detroit Country Day on Saturday at Dakota High School.

The club performed well for a quarter and managed to lead going into the second quarter before key turnovers resulted in 25 points and a three-score deficit before half-time. The better athletes certainly won this contest but I've crowned Croswell-Lexington the PUBLIC SCHOOL CHAMPIONS in DIVISION 4 in 2008.  This considering the fact that the other semi-fianlist spots were filled with parochial schools that make runs at MHSAA championships every year. So hats off to the Pioneers! And go Ubly Wildcats in Division 7 next Friday at Ford Field. Here's a team that might have one kid play something other than Division II football after his high school days are done going up against the cream of the recruited crop known as Traverse City St. Francis.

I don't understand why the MHSAA doesn't have two seperate playoffs for the parochial schools and those that aren't. I realize it's probably about the money but I haven't been able to link those dollars together or follow the dirty trail. But I degress...

The reason that I believe sports matters has more to do with warring factions than athletes... We play these games in order to keep from marching on neighboring towns and taking what they've got. A form of social cleansing without the actual purging associated with cival war and anarchy. Organized mayhem and bragging rights versus survival of the mob.

I've seen some wonderful high school teams with great chemistry and once-in-a-lifetime teams run into the ridiculous format embraced and supported by the MHSAA playoff system. It's too bad we don't have a public school playoff and a parochial school playoff seperate from each other... but who said life, love or war would be fair?

Monday Morning Politicing... 06/16/08.

The vote to treat our water (ALL water), comes before the Michigan House and Senate this week. Will big business carry the day or will the public and future citizens? Imagine 2,000,000 gallons of water and fish kills of 5% every time some new water bottling firm wants to sell your favorite trout streams water...! And they won't pay a penny to the coffers for royalties!

Before our very eyes; Michigan Farm Bureau, Manufacturers' Association, Chamber of Commerce and even MUCC threw the baby out with the fresh water under the dilligent care of Republicans in our Senate... with some help from a few select Dems!  

Memorial Day Weekend, 2008.

Constitutional Amendments and local enforcement

Despite the legislative lack of intestinal fortitude displayed by state leaders; there is hope in the battle for the public trust... Michigan voters have always backed natural resource protection. A move in 2009 for a ballott inititive should send the message that this state congress can't ignore. Meanwhile how many other Michigan Counties will do this?... See the attached article.

http://www.record-eagle.com/opinion/local_story_144100233.html?keyword=topstory  

Quality Future? 05/21/08

The Michigan Senate passed SB 860 last week despite calls from conservation organizations. The House is preparing to vote on the same issue this week. Industry absolutely carried the day in the Senate. One would think that the "good ol' days" of manufacturing and commerce are around the corner now that the Farm Bureau and Michigan Manufacturers Association have had their way with OUR water. I doubt that very much friends but you can bet we'll see degradation in our blue-ribbon rivers and a plethora of watter grubbing opportunists headed to the Great Lake State. And that sucking sound you here???

That's the Republican Leadership on their knees under the table...

05/15/08  A Quick Link:

http://detnews.com/apps/pbcs.dll/article?AID=/20080513/METRO/805130382/1409/METRO

LANSING (AP) -- The state Senate voted Thursday to change how Michigan manages large-scale withdrawals from the state's lakes and inland waterways, over objections that the legislation would not do enough to protect trout streams and other resources.

The 24-14 vote in the Republican-controlled Senate capped more than two years of work, but more talks remain to resolve differences. The Democratic-led House may vote soon on a competing plan.

Until new water rules are approved, Michigan will not give final approval to a regional compact preventing Great Lakes water from being sent to dry regions.

Sen. Patricia Birkholz, a top negotiator on the legislation, said the key component would be a new point-and-click computer tool measuring the ecological effects of water withdrawals. Golf courses, wineries, ski resorts, dairy farmers and others could use the technology to find out if their water usage would have an "adverse resource impact."

"This is truly landmark. It's never been done in any other state," said Birkholz, R-Saugatuck, arguing it makes sense to use science as the yardstick to determine if a withdrawal is harmful or not.

Democrats, though, said the bill would set too-lenient thresholds on when the approval of state environmental regulators would be required to use large amounts of water. They also questioned whether withdrawals could affect thriving trout populations and water flow in streams.

"What percent of the fish population are we willing to write off?" asked Sen. Michael Prusi, D-Ishpeming. "Our cold-water streams and small rivers are world-class resources, the jewels of northern Michigan."

Republicans favor allowing withdrawals reducing certain fish populations no more than 3 percent. Democrats want a 1 percent limit.

The legislation would require the Department of Environmental Quality to implement the assessment tool one year after the law takes effect.

Democrats warned the delay could cause a rush of new water withdrawals before revised rules kick in, but Birkholz said it would take time to start the system. She said new or expanded water bottling plants already have to get state permits for withdrawing more than 250,000 gallons a day.

That threshold would drop to 200,000 gallons a day under preliminary legislation approved by the House and Senate earlier in the week.

The Michigan Farm Bureau and business groups backed the Senate plan for water withdrawals. Environmental and conservation groups opposed it, expecting Democrats who control the House to pass stricter standards. It looks increasingly likely the rules will have to be resolved in a House-Senate conference committee.

"Both sides should move to ... bridge that gap," said Sen. Michael Switalski, D-Roseville, one of three Democrats to join all 21 Republicans in supporting the bill. "I'm embarrassed we call ourselves the Great Lakes state but we're practically the last state to sign the compact."

Wisconsin soon will be the fifth of eight states in the region to sign the 2005 agreement.

Michigan law now requires permits if a company wants to use more than 2 million gallons a day from inland waters and 5 millions gallons daily from the Great Lakes. The Senate bill would make it 2 million gallons for both inland waters and the Great Lakes.

Environmental groups prefer a threshold of 1 million gallons in House legislation but might be willing to bend if lawmakers approve more protections for sensitive headwater regions.

They complained that under the measure, up to 25 percent of parts of rivers and streams could be pumped out without needing a permit. Republicans responded that the bill would protect vital areas while letting the business community quickly get clearance for withdrawals where water is plentiful without going through a drawn-out permitting process.

The two other Democrats to vote for the bill were Sens. James Barcia of Bay City and John Gleason of Flushing.

We'd better hope that the House plan get adopted folks or we are SCREWED!! Be sure to thank your Republican Senators for giving away our most precious resource... The Farm Bureau, Michigan Manufacturers Association and Chamber of Commerce carried the day in Lansing!

Dam!

Another Year Older, 02/28/08.

A year ago today, I had the opportunity to spend my 46th birthday in the halls of the 46th District Court listening to arguements in the Kolke Creek case. I didn't notice then the numerical theme. A year later those numbers keep adding up and places like the 46th District Court are all-too familiar.

Yesterday, the US Supeme Court heard arguements on the Exxon Valdez; specifically the punitive damage award against the oil company. The Corporation thought 5 billion dollars was a bit "excessive" and so the case has made its way to our lands highest court. The amount now argued over is 2.5 billion, but the herring population hasn't returned to Prince William Sound. They dissappeared in 1994. 32,000 plaintiffs originally signed onto the civil lawsuit in 1990. Of those, 6,000 have died. Exxon Mobil had net profits of 40.6 billion in 2007.

It's a remarkable story that changed the lives of nearly 40,000 humans and affected 1300 miles of Alaskan shoreline. Captian Hazelwood's employers claim the area has recovered but that claim rings rather hollow in Cordova, Alaska; known as the "prettiest dying town" you'll ever see.

Here in northern Michigan, that same industry has provided opportunity to workers, royalties to poor area farmers, necessary fuel to homes and cars. And impacted steams and rivers dramatically. Deward, the Pigeon River Forest, the Jordan Valley... Just ask the residents of Montmorency County about their relationship and view of area operators and you'll get an ear full! 

Novembers' Gales

Was it really 32 years ago that the winds along Superior claimed the souls and ship of the Edmund Fitzgerald? I wonder because they're howling again this evening as they've done for much of millenium once the eleven month rolls upon us. With plenty of stuff to do and really foul weather blowing in, I thought the web-site might be best served if I took some time and updated portions of it. So here goes...

November 5, 2007

Recent news from the Michigan Department of Natural Resouces: A settlement in the Tribal Dispute of 1836 between five federally recognized tribes represented by the United States and the State of Michigan. In a nut-shell this is probably a settlement that the residents of Michigan can live with though some native tribal members will have extended seasons and expanded catch limits. The Treaty was one of eight entered into between various bands of natives and the federal government prior or just after our State gained admittance to the Union in 1837. That being said; the prior treaties are looked upon with greater favor than those rights assigned to the citizens of Michigan. At least in matters of hunting, fishing and general gathering for subsistence sake. Folks in Wisconsin and Minnesota took a beating on very same issues and people within the know suggest this outcome is probably better than originally hoped for. There will likely be some difficult moments and the need to barter on these topics but a resolution mechanism has been agreed upon by all involved. Here's a link to the 2007 Consent Decree and the property it covers:

 http://www.michigan.gov/dnr/0,1607,7-153-10364_47864---,00.html

In another matter before the Courts: The folks within the MDEQ and Merit Energy have appealed Judge Murphy's decision on Kolke Creek. All sides are now preparing statements for a multi-faceted appeal process undertaken solely to bleed the Anglers of the Au Sable and their plaintiff partners. Hearings will begin on December 8th in Otsego County before Judge Murphy... and a seperate appeal will be heard on the Administrative Law Judge's decision regarding the issuance of the original permit. Again; all to bleed the cash reserves and resolve of a committed conservation organization! Because the INDUSTRY writes the regulation which the DEPARTMENT doesn't enforce on the CITIZENS behalf! Shame on us and those like Hal Fitch or Rick Hendersen or Attorney Barberi of Merit Energy; though I'd like the guy on my side. The money the industry brings is more important to these guys than leaving a legacy of trustworthiness and honor to the public.

These guys are polished and will tell you they're just doing their job or a clients bidding; but they've really sold their souls and hide under the guise of fiduciary responsiblitiy and scientific arrogance... when really they're spineless shiesters that stand for nothing but their Friday paycheck or business portfolio.   And if they prevail then future generations of outdoor enthusiasts lose!

Speaking of losing... The issue of "Standing" is going to be bantered about now that the Engler-4 have overturned the MEPA in their Mecosta Country ruling concerning BIG BUSINESS and ground water diversion. So here's what I think... We, the Citizens of Michigan should ask for ROYALTIES!! On every container of bottled water the leaves ANY well for PUBLIC CONSUMPTION anywhere; and while we're at it let's include every form of container carrying all drinkable products under the DEPOSIT LAW. If this administration and set of elected officials isn't going to lead then let's get PAID for allowing a prior Govenor to continually SCREW the best thing we have going for us in MICHIGAN!  H2O!!! That's it baby! Alaskans got paid for toughing it out a decade ago through oil and gas payments. I suggest we do the same for WATER ROYALTIES. Especially in light of the lack of leadership currently displayed in both Chambers of State Government and in Jennifer's quarters. And while we're at it... Why not repeal the retirement benefitsof those some-time legislators since TERM-LIMITS became the rule in Michigan? It happens everyday in the CORPORATE world so why not in this bordello we call POLITICS or CIVIL SERVICE??!! Seriously; terminate those packages and consider it a good first step toward real reform...

And implement a single-house, part-time legislature while we take control of STATE GOVERNMENT!

They're great people doing wonderful things in this State and I enjoy living in this water-wonderland; but I'm torn by the lack of true reform and the cost associated with life in this beautiful place. So enlighten me friends and let me know that there's some form of hope out there for future generations other than additional exploitation of these dwindling wild places and truly natural resources... mailto:Lance@TheRiverSpecialist.com

Folks
Quick note. Haven't seen the opinion yet.... attorneys called and read from parts. HUGE TOTAL VICTORY! No discharge to Kolke Creek. Period. Especially in light of all the alternatives.... All MEPA counts in our favor. Got a sit down, cause me feet aren't on the floor yet... .!!!
- Rusty Gates

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