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?

Views: 356

Tags: Alcoa, Gov. McCrory, Roger Dick, Will Scott, Yadkin, Yadkin Riverkeeper, riverbed ownership, water rights

Comment by Ann on January 18, 2015 at 6:53pm

An additional comment for Will Scott.  What the State did in the eastern part of the state was also about ownership of the land under the water, not the water.  The rivers and sounds in the eastern part of the state were navigable at statehood (the test for riverbed title).  The rivers in the western part of the state are another matter.  And again, why is he only concerned about Alcoa's 38 miles of the Yadkin River, not the rest of the Yadkin - Pee Dee, or any of the other rivers?

I was appalled at the range of Dean Naujoks' lies he parroted.  He does not give the impression that he understands any of it - not Alcoa's relicensing, not the state and federal environmental agencies, not the RCRA program, and certainly not trespassing, if he thinks he's going to go "inspect the former Badin Works to check for soil contamination."

I don't know, maybe it's just me, but I'd think it would be a good idea not to comment to the press if you don't understand something.

And I'd really like to see this "lease" for the land under the Yadkin project Roger Dick and Will Scott referred to.

Comment by another David on January 18, 2015 at 8:26pm

SHOW ME THE LEASE!

Comment by Stop Global Whining on January 18, 2015 at 9:53pm

This Yadkin Riverkeeper doesn't seem to be much more credible than the last one they had.  Wow!  Just WOW!

Comment by CRY ME A RIVER OF OPPORTUNITIE$ on January 18, 2015 at 10:01pm

Like a septic tank explosion, the antics of the so-called Yadkin Riverkeeper have to be SEEN, in order to be believed!  They really have no shame.  Amazing.

Comment by Jill on January 18, 2015 at 11:38pm

Doesn't Will Scott give you the impression he wants to find contamination, even if there's none there?

Comment by flowerchild on January 19, 2015 at 2:34pm

He's out to get Alcoa with a vengeance - has no objectivity at all.

Speaking of transparency, Yadkin Riverkeeper, reveal how much money the Yadkin Riverkeeper organization has received from Roger Dick and/or his banks since you began.  Inquiring minds want to know.  How much does it take to buy and own a riverkeeper?

Comment by Don K. Hauté on January 20, 2015 at 2:41pm

Water is water.  It's not the new oil!  Roger sounds like he wants to sell the water from the river and get rich.  I like the water in the river.

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Politics

Look who's paying for Pat McCrory's campaign!

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State loses second Alcoa lawsuit

Judge nixes State claim

Three Updates

Dean Naujoks sails into the sunset

Keith Crisco loses primary bid for U.S. House

Former Cabarrus County Clerk of Court Challenges Fletcher Hartsell in District 36

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Judge throws McCrory lawsuit for a loop

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FERC denies New Energy's request for rehearing

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NC Dept. of Administration files suit to have Alcoa riverbed declared state property

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Uwharrie Regional Resources Commission (URRC) dissolved

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Beating a Dead Horse - Revisited

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This 'n' that

Big Bad Government no matter how you look at it

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