What is going on in Ohio???

Check this out...

Video links:

http://www.ohiofreedom.com/forum/showthread.php?t=259

Frequently Asked Questions about the Great Lakes-St. Lawrence River Basin WaterResources Compact (aka "Water Compact"):

Q: How is the Great Lakes Basin defined? I don't live on the shore of Lake Erie – does this Compact even affect my own private water rights?

A: The Basin includes all waters north of the Ohio River divide, so this issue does affect the water rights of many Ohioans.

Even if you are located south of the Basin, this issue is a matter of principle and of protecting private water rights; if we violate these rights in one part of our state, we are setting a bad precedent for the rest of Ohio.

Q: Don't we need this Water Compact to ensure that our Great Lakes water isn't diverted outside of the Basin?

A: No. The Water Resources Development Act (WRDA) of 1986 (renewed in 2007) already prevents this diversion. According to property law scholar Mark Squillace [1], "The Water Resources Development Act of 1986 is a remarkable piece of protectionist legislation that prohibits out-of-basin diversions of Great Lakes water without the approval of the governors of all eight Great Lakes Basin states."

The proposed Water Compact does not ensure that future diversions won't occur. If the U.S. Congress decides, at some point in the future, to allow such diversion to non-Basin states, this proposed Water Compact would not prevent such diversions [2].

Q: But why do supporters of the Compact insist that it's urgent to pass this legislation as soon as possible?

A: For no good reason. There are no immediate threats to our Basin water, and the WRDA, which already prevents this diversion, has never been successfully challenged. To claim that our Basin waters are in imminent danger if the Compact is not passed immediately, is simply false.

Q: Why does Sen. Grendell believe that the proposed Dolan version of the Compact poses a threat to our private water rights?

A: Rep. Dolan's version of the Compact states that "[t]he Waters of the Basin are precious public resources and are shared and held in trust by the States." (emphasis added) The Compact defines these "Waters" to include all waters in the Basin, including waters on private property, such as wells, ponds, streams and springs.

If the Council created by this Compact deems it "necessary or convenient" to e.g. monitor, tax and/or limit private well water usage, and to prevent farmers from using the spring and stream water on their own property to water their crops and livestock, this Council may legally tax, limit or prevent such water uses, once Dolan's version of the Compact has been passed and signed into law.

The Environmental Law Committee of the Ohio State Bar Association analyzed Rep. Dolan's version of the Compact, and concluded that the provisions of this Compact "…would effect a massive governmental taking of private real property rights in Ohio [3]."

Q: Wow! If Rep. Dolan's proposed Compact is such a threat to private water rights, why do so many people support it? Surely all of these people aren't mistaken.

A: These Compact supporters are either ignorant of the true legal content of this legislation, or they genuinely want a Council composed of 8 state governors and 2 Canadian provinces' premiers to dictate all water usage in Ohio, including private groundwater.

Certain Ohio Representatives who voted for Dolan's version of the Compact later expressed disbelief that the legal implications regarding threats to private water rights were not explained to them before this legislation came up for a vote. If our legislators are being hoodwinked into passing this legislation, is it surprising that the media and general public are equally ignorant about this issue?

Q: Sen. Grendell has proposed a different version of the Compact. What's the difference between his new version, and Rep. Dolan's version?

A: Rep. Dolan's version does not protect private water rights, as discussed above. Sen. Grendell's version excludes "tributary groundwater and nonnavigable surface waters" from regulation by the Compact, and it ensures that any water usage permitted before Feb. 1, 2008, will continue to be allowed after the Compact is passed. Sen. Grendell's version of the Compact explicitly protects private water rights for Ohioans.

Q: What can I do to ensure that our private water rights aren't usurped by the government?

A: There are numerous things you can do:

Call, email and/or write the Ohio Representative and Senator from your area and ask them not to support Rep. Dolan's version of the Compact, H.B. 416. Ask them either to support Sen. Grendell's version, S.B. 291, or to support no Compact at all. You can locate your legislators' names and contact info by entering your home zip code at the following link: http://www.legislature.state.oh.us/

Inform your friends, family and associates about this important issue, and ask them to call/write/email their legislators as well.

If you have more time, contact all of the Ohio Senators and request that they vote against Rep. Dolan's Water Compact (H.B. 416), and that they either support Sen. Grendell's version (S.B. 291), or support no Compact at all. The complete list of Ohio Senators and their Contact info is located here:
http://www.senate.state.oh.us/senators/by_name.html

Learn more about the Compact: read Sen. Grendell's version:
http://www.legislature.state.oh.us/bills.cfm?ID=127_SB_291

and compare it to Rep. Dolan's version
http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_416

…or request a summary of differences from the Geauga Constitutional Council.

Are you prepared for total control of Ohio's water resources by a many-state, bi-national Council?

Contact the Geauga Constitutional Council (GeaugaCC@gmail.com, 440-499-6246) with your questions or to request additional information.

Summary: We ALL want to protect our Great Lakes. However, the proposed Compact not only doesn't protect our Lakes in the way that it claims to, it may actually harm some ecosystems in the Basin and promote increased use [1]. And Dolan's version of the Compact additionally threatens our private water rights. We already have legislation that prevents diversion from the Great Lakes. We don't need more governmental regulation and control of our water, particularly by a large Council that will only have one representative from Ohio. Contact your Senator and ask that they oppose all forms of the Compact.

References:

[1] Mark Squillace, "Rethinking the Great Lakes Compact," Michigan State Law Review, Special Issue 2006.

[2] Open letter to Great Lakes Legislators from Ohio Senator Timothy J. Grendell, entitled Protect Your State and the Waters of the Great Lakes; dated 7/3/07. http://www.legis.state.wi.us/lc/committees/study/2006/GLAKE/files/aug21_...

[3] Memorandum on analysis of the Great Lakes Water Compact by the Environmental Law Committee of the Ohio State Bar Association, chair, Louis McMahon, 4/09/07. http://www.legis.state.wi.us/lc/committees/study/2006/GLAKE/files/aug21_...

Thanks Kathy.
This is great!
TW

JOIN THE NEW GROUP FORMING TO STAND AGAINST THIS COMPACT
AND STAY INFORMED AND UP TO DATE ON THE LATEST DEVELOPMENTS.
at http://usconstitution.meetup.com/26/

If you live in any state that touches the great lakes...you need to get on board.

"Happy Trails"
Tumbleweed Steve