In addition to Will Scott's really awful gaff about dissolved oxygen, the predominant other misconception perpetuated in the SNAP article (http://www.thesnaponline.com/news/divided-by-a-river-yadkin-ownersh...) by Roger Dick, Michael Shuman, and Will Scott is that the State's lawsuit is about control of the river's water. It is not.
The State's lawsuit claims ownership of the original Yadkin River bed, before the river was impounded. We're talking about the land under the river. No matter who wins the lawsuit, it will not change anything regarding the river's water.
Public trust rights to access to the river's water is another matter entirely, and has a different legal definition. I won't go into the specifics, because there is no disagreement on this. Alcoa has said for years that it acknowledges the public's right to access the river's water. Any property owner along the lakes has access to the river's water. Alcoa and other public agencies provide enhanced areas for public access to the river's water. I'm pretty sure Roger Dick and Will Scott have used these public access areas. The City of Salisbury and Albemarle have water withdrawal intakes within the project area. Even Duke Energy and Progress/Duke withdraw the river's water to produce electrical power.
Alcoa is governed by the state's laws regarding riparian rights, and can make reasonable use of the water. Alcoa does not remove water from the river. Lake levels are governed by the terms of the license under which Alcoa operates. FERC (not Alcoa) must approve any water withdrawals over 1 million gallons per day.
Alcoa has only limited control over the water, within the restrictions imposed by its license and state and federal law. Alcoa passes the river's water through its turbines, which is how you make hydroelectric power. Are Roger Dick, Pat McCrory, and Will Scott opposed to hydroelectric power?
And why, oh why, oh why, do these obstructionists only object to Alcoa's use of the water to produce hydroelectric power, and not to the approximately 70 other hydroelectric projects operating in or on the waters of North Carolina?