Category Archives: Law

A 19th-century navigable definition does not work for 21st-century river economies

Update 2024-07-26: Help keep paddle access to Georgia rivers 2024-07-22.

We never had bales of cotton boated down the Withlacoochee River, because there are too many shoals.

19th-century navigable definition; 21st-century river economy

But we do get fishing both from the shore and in paddle and power boats up and down our rivers, and for other recreation, There are massive investments by nearby cities and counties and other organizations in cleaning up the rivers for those purposes.

The state of Georgia needs to revise its 19th-century definition of navigability and passage to match the 21st-century present.

The antique 19th-century definition

The Georgia 1863 definition says a navigable stream “is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year.” See Georgia Navigability Report, 3rd Edition and O.C.G.A. 44-8-5 (2010)

Some people once tried boating down the Withlacoochee River to the Suwannee to establish commerce. They sold the remains of the boat and returned to the former Lowndes County seat of Troupville, at the Little River Confluence with the Withlacoochee River. Atlanta Constitution, January 29, 1889, Continue reading →

Huge win for Waterkeepers: Court stops FDEP assumption of water permitting, and countersuit 2024-02-15

In a rare huge win for conservationists, on February 15, 2024, St. Johns Riverkeeper, Miami Waterkeeper, and co-plaintiffs won their case to stop the Florida Department of Environmental Protection (FDEP) from assuming wetlands permitting.

Florida panther, Waterkeepers Florida

FDEP assumption was always a bad idea. “The toxic algae blooms that now plague Florida are a direct result of the state’s decades-long failure to protect our waterways from wildlife-choking pollution,” Jason Totoiu, a senior attorney at the Center for Biological Diversity, said in a statement. “Now the state wants to make it even easier to dredge and fill wetlands that help filter these pollutants.”

Here’s the original lawsuit.

Jim Saunders, WUSF & News Service of Florida, February 19, 2024, A judge sides with environmentalists in wetlands permitting shift,

In a win for environmental groups, a U.S. district judge Thursday ruled that federal officials did not follow required steps in 2020 before shifting permitting authority to Florida for projects that affect wetlands.

Washington, D.C.-based Judge Randolph Moss, in a 97-page decision, found that actions by the U.S. Fish and Wildlife Service and the U.S. Environmental Protection Agency violated the Endangered Species Act. Moss vacated the approval of the shift to the state.

Continue reading →

Navigability in HB 1397 in GA House Natural Resources & Environment Quality Subcommittee 2024-02-26

Update 2024-03-08: A 19th-century navigable definition does not work for 21st-century river economies 2024-02-29.

I watched it so you don’t have to, Monday’s meeting of the Georgia Natural Resources & Environment Environmental Quality Subcommittee.
https://www.youtube.com/watch?v=pnl5fJP5ptM&t=1425s

The subcommittee is meeting again at 1PM today, February 28, 2024, with HB 1397 as the only thing on the agenda, and Rep. John Corbett again chairing.
https://www.house.ga.gov/Documents/Agendas/Natural%20Resources/January%2024,%202011%2027.pdf

See also the input I sent the legislators yesterday, Navigable stream additions to GA HB 1397 2024-02-27.

This is not a transcript. Except where I use quotation marks, it is a paraphrase of what I found to be the important points of the Monday subcommittee meeting.

Rep. James Burchett, Navigability in HB 1397 in GA House Natural Resources & Environment Quality Subcommittee 2024-02-26

The bill’s sponsor, Rep. James Burchett (District 176, Waycross) said he was concerned about people boating on oxbows and creeks onto private property, so the bill definitely did not include tributaries as navigable. He worries that currently the Georgia Department of Natural Resources (GA-DNR) is in a difficult position of having to decide matters of law.

Burchett said that he constructed the list Continue reading →

Navigable stream additions to GA HB 1397 2024-02-27

Update 2024-02-28: Navigability in HB 1397 in GA House Natural Resources & Environment Quality Subcommittee 2024-02-26.

Sent this morning.

Navigable stream additions to GA HB 1397 –WWALS 2024-02-27

February 27, 2024

To: Cc:

Rep. James Burchett (176), james.burchett@house.ga.gov

Rep. John Lahood (175), john.lahood@house.ga.gov,

Rep. Dexter Sharper (177), dexter.sharper@house.ga.gov,

Rep. John Corbett (174), john.corbett@house.ga.gov ,

Rep. Chas Cannon (172), chas.cannon@house.ga.gov,

Rep. Penny Houston (170), penny.houston@house.ga.gov,

Rep. Darlene Taylor (173), darlene.taylor@house.ga.gov,

Rep. Clay Pirkle (169), clay.pirkle@house.ga.gov,

Rep. Leesa Hagan (156), leesa.hagan@house.ga.gov,

Rep. Bill Yearta (152), bill.yearta@house.ga.gov,

Rep. Noel Williams (148), noel.williams@house.ga.gov,

Rep. Patty Bentley (150), patty.bentley@house.ga.gov

Re: Navigable stream additions to HB 1397

Rep. Burchett,

You are invited to the Mayor and Chairman’s Paddle on the Withlacoochee River just west of Valdosta, this Saturday, March 2, 2024. Continue reading →

All WWALS water trails navigable according to GA HB 1397 2024-02-22

Update 2024-02-27: Navigable stream additions to GA HB 1397 2024-02-27.

Update 2024-02-25: Need to add Sugar Creek, as well as Cat Creek and Franks Creek.

Following up on the December 2023 report of the Fishing Rights Study Committee, that Committee’s Chair, Rep. Burchett of Waycross, who is also the House Majority Whip, this Thursday introduced HB 1397, which defines navigable streams in Georgia.

Warrior Creek, Okapilco Creek, Deep Creek, Bird Wing Run

The bill’s list appears to include all of Georgia parts of the WWALS water trails, plus some creeks and an upstream reach of the Alapaha River.

However, the entire Alapahoochee River is missing, https://wwals.net/maps/alapaha-water-trail/arwt-map/arwt-points/#ga-376-bridge, as is the East Fork of the Suwannee River in the Okefenokee Swamp. The North Fork of the Suwannee River is missing, but it’s so overgrown that’s not surprising.

Considering the inclusion of Okapilco Creek, the bill needs to add Sugar Creek below Baytree Road, which is a nice urban creek with a beach and shoals, https://wwals.net/?p=56221 with the WaterGoat trash trap, https://wwals.net/?p=63876 and will be used this coming Saturday, March 2, as the early takeout for the Mayor and Chairman’s Paddle. https://wwals.net/?p=64095

Similarly, the bill could add add Cat Creek below GA 37 and Franks Creek below GA 122. That would help with finding and fixing E. coli problems seen at bridges on those creeks. WWALS has already started investigating those creek problems and has applied for a testing grant. https://wwals.net/?p=58982

These are the bill’s items in the Suwannee River Basin. If I’ve missed any, somebody let me know. Continue reading →

Okefenokee bills, Georgia legislature 2024-02-21

As crossover day approaches in the Georgia legislature, events are moving faster about the proposed strip mine too near the Okefenokee Swamp.

In addition to a mining prohibition bill that has been in the legislature since last year, now there is a fine, draft permits, and two new bills, for increased criminal penalties, and for a mining moratorium (with a big catch).

None of these are likely to stop this specific “demonstration” mine, but some of them could prevent any further such mines.

Crossover day is the day by which a bill has to have been passed by one house to get into the other house. It’s February 29 this year, Thursday of next week.

Okefenokee NationaGl Wildlife Refuge: 15 miles
Map courtesy Prof. Can Denizman and students, Valdosta State University.

Draft Permits

As previously mentioned, On February 9, 2024, GA-EPD published draft permits (surface mining, water withdrawal, and air quality). for the applications by Twin Pines Minerals, LLC (TPM) to strip mine for titanium dioxide (TiO2) within three miles of the Okefenokee Swamp, between Moniac and St. George, Georgia. You have until April 9 to comment, and there is a public online meeting on March 5.

Details here:
https://wwals.net/?p=64142

Consent Orders

Back in January, I was told by a former state legislator that these miners be very careful to avoid infractions, because they had a lot of money riding on their venture. A week later, the Georgia Environmental Protection Division (GA-EPD) issued a Consent Order on TPM, saying back in 2018 the miners had drilled soil samples without a professional geologist or engineer supervising, as required by state law, and they also failed to provide a letter of credit or a performance bond. TPM “voluntarily” agreed to pay a tiny fine of $20,000. For more details, see Russ Bynum, AP, 24 January 2024, Company seeking to mine near Okefenokee will pay $20,000 to settle environmental violation claims.

This is not the first time TPM has been under a Consent Order. Continue reading →

GA-EPD issues draft permit for TiO2 strip mine near the Okefenokee Swamp 2024-02-09

Update 2024-02-21: Okefenokee bills, Georgia legislature 2024-02-21.

Updated 2024-02-12: Today GA-EPD updated its Public Notice to day 60 days (instead of 30 days) for the public comment period. So that appears to mean the revised final comment date is April 9, 2024.

Four years after the original application, and two weeks after publishing the miners’ revised mining plan, GA-EPD has published a draft permit for the strip mine for titanium dioxide too near the Okefenokee Swamp.

You have 30 60 days from today, February 9, 2024 to comment to GA-EPD:
twinpines.comment@dnr.ga.gov

There will be an online zoom public meeting at 6PM on March 5, 2024.
https://gaepd.zoom.us/webinar/register/WN_ff7nrdELQPOr0DaPwfxK3A

You can encourage the Georgia legislature to pass legislation to prevent more such mines:
https://www.gawater.org/okefenokee-swamp

And it’s a safe bet that if GA-EPD approves the final permits, lawsuits will fly.

TPM Saunders Mine Site Layout and WWALS Aerial from January 10, 2021

Two weeks ago GA-EPD published the Twin Pines Minerals (TPM) Revised MLUP and Associated Documents.

Today, GA-EPD published Continue reading →

Berrien County, GA, Okefenokee resolution against the proposed strip mine 2024-02-06

Thanks to the Berrien County Board of Commissioners for passing a resolution supporting the Okefenokee Swamp and opposing the strip mine for titanium dioxide proposed by Twin Pines Minerals, LLC.

Please contact your Georgia statehouse members and ask them to protect the Okefenokee Swamp:
https://www.gawater.org/okefenokee-swamp

Ask your Georgia state Senator to sponsor a bill in the Senate:
https://wwals.net/about/elected-officials/georgia-senate/

Floridians, please ask your Georgia friends and relatives to do this.

Berrien County Resolution No: 24-002 2024-02-06

The Berrien County Resolution

Mayor and Chairman’s Paddle, Withlacoochee River, and Okefenokee Swamp on Scott James radio talk921.com 2024-02-02

We also talked about the future Troupville River Camp and Nature Park, in addition to defending the Okefenokee Swamp from a proposed stripmine, chainsaw cleanups, and the Mayor and Chairman’s Paddle, which will go around the river frontage of the pending Troupville Park.

This was Suwannee Riverkeeper John S. Quarterman on the Scott James radio talk show on talk921.com, Friday, February 3, 2024. I referred to him as Mayor, because Scott James Matheson is also the Mayor of Valdosta, Georgia.

We also prominently mentioned Lowndes County Chairman Bill Slaughter.

And Helen Tapp, from whom the county in December 2022 bought the 71 acres from Helen Tapp down to the Little River Confluence to add to the 44 acres already owned by Parks and Rec to combine for the proposed park.

Mayor and Chairman’s Paddle, Withlacoochee River, Okefenokee Swamp, and Troupville River Camp and Nature Park on Scott James radio talk921.com 2024-02-03

Here is a WWALS video playlist:
https://youtube.com/playlist?list=PLKwQ5xfKf-QwydpvXE-C4BTMUQqv4yfCg&si=CLMEdlCi8TM3d_Q6 Continue reading →

Nashville, Georgia, resolution opposing strip mining in or near the Okefenokee Swamp

Thank you, Nashville, Georgia, Mayor and Council, for passing a resolution supporting the Okefenokee Swamp against the proposed strip mine.

City of Nashville Resolution and Okefenokee NWR sign

For the increasing number of these resolutions, see:
https://wwals.net/?p=57248

Please ask your Georgia statehouse members to pass HB 71. Floridians, ask your friends and relatives in Georgia to do that. And ask your city or county in Florida to also pass a resolution.

For more about this issue, see:
https://wwals.net/issues/titanium-mining/

The resolution