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Link Posted: 7/23/2017 11:33:17 AM EDT
[#1]
The American farmer feeds the world.

Get back to me when oyster fishermen can do the same.
Link Posted: 7/23/2017 11:37:59 AM EDT
[#2]
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Quoted:
For those that are saying that government is never the answer...

Let's say my farmer neighbor is dumping chemicals that are leaching into my (drinking, well) groundwater. This can be proven in well water lab results.

How do you propose I get him to stop dumping these chemicals?

Let's pretend I have already asked him to stop and he told me to GTFO.

How?
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Are the chemicals beneficial or dangerous to you?

If they're dangerous, shoot him and claim self defense.
Link Posted: 7/23/2017 11:42:47 AM EDT
[#3]
Quoted:
The thread on jury nullification reminded me of this, so I thought I would bring it up for discussion.
Bear with me, this is all from memory so it may not be absolutely perfect as far as the details go.
A while back we went to Virginia beach. While on the beach we came across a small building that was part museum, part education. It was mostly about the massive decline in the oysters. They showed all the technological advancements in oyster harvesting. New cages, new boats with winches, etc and they talked about how much more each person could take, but it was sustainable. It was very cool, made me want to go get some oysters.
But the water quality has changed and is changing in such a way oysters are being pretty much eradicated. The reason is fertilizer going into the water. So people changing the landscape way up in Pennsylvania and then spreading manure all over it for crops is killing the oysters in Virginia. Great for the Amish farmers in Pa who are fertilizing the water, very bad for oyster fishermen in Va and their offspring.
The people running the place also pointed out the houses on the edge of the bay with huge yards. Most of the yards looked like crap because of the crappy Virginia red clay soil. 2 of the houses looked great, the lady said they were certainly paying a lawn service to spray their lawn(on the edge of the water) with fertilizer and water. Along with god knows how many other people spraying their lawn with fertilizer.

Full disclosure, I'm a bit of a tree hugger. I prefer to err on the side of caution. I want the trees protected so my kids and their kids and your grandkids will have clean water to drink and  be able to hunt and kill stuff as humans are born to do, it's good for humans to get bloody.
I also believe we all could come to compromises most of us could live with and improve the quality of life for everybody if we could get the crazies to just shut up and stay out of it. But I don't suppose that is  going to happen, especially since politicians find us far more easy to control if we are emotionally unbalanced. Sucks for us.

So, should an Amish guy be allowed to fill in a hole with dirt if the result will be to poison the water?
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The government actually looking out for the well being of its citizens?
Now thats a hoot!
Link Posted: 7/23/2017 11:45:51 AM EDT
[#4]
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Quoted:
You call the authorities........you have no choice.

You can't let people get away with poisoning the ground and water like in your example.

Fuck them, they are selfish, criminal mentality pieces of shit IMHO.
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That's the tool we have for that job.  It doesn't mean it's a good tool, it's just the one we have.
Link Posted: 7/23/2017 12:04:47 PM EDT
[#5]
The increase in oyster fishing decreasing the quality of life for lobster and crab fishermen. Do you think the government should step in there as well?

When it comes to water, Tennessee has the right approach. In a nutshell, if you are upstream, you do what you want. If you are downstream, you shut the fuck up and take it. I have a creek on my land - that creek starts about 200 yards away and continues for many miles beyond my land. If the owner of the land it originates on wants to bottle the water, or build a pond, or divert it, I will no longer have a creek on my land. I also won't have an actionable legal issue.

Conversely, if I want to do the same, the people downstream of me just have to deal with it.

This works pretty well, except when those dirty Georgians try to steal our water.
Link Posted: 7/23/2017 4:54:28 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
When it comes to water, Tennessee has the right approach. In a nutshell, if you are upstream, you do what you want. If you are downstream, you shut the fuck up and take it. I have a creek on my land - that creek starts about 200 yards away and continues for many miles beyond my land. If the owner of the land it originates on wants to bottle the water, or build a pond, or divert it, I will no longer have a creek on my land. I also won't have an actionable legal issue.

Conversely, if I want to do the same, the people downstream of me just have to deal with it.

This works pretty well, except when those dirty Georgians try to steal our water.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
When it comes to water, Tennessee has the right approach. In a nutshell, if you are upstream, you do what you want. If you are downstream, you shut the fuck up and take it. I have a creek on my land - that creek starts about 200 yards away and continues for many miles beyond my land. If the owner of the land it originates on wants to bottle the water, or build a pond, or divert it, I will no longer have a creek on my land. I also won't have an actionable legal issue.

Conversely, if I want to do the same, the people downstream of me just have to deal with it.

This works pretty well, except when those dirty Georgians try to steal our water.


this is grossly incorrect.

like most of the east, tennessee is a riparian rights state.  according to that doctrine, a landowner has the usufruct right to water that crosses his property, so long as he does not interfere with downstream rights through unreasonable use.

Surface water use in Tennessee is based on traditional riparian rights that are held by owners of property adjacent to or underneath any surface water body.  Typically these rights are not separated from the riparian lands. From the property perspective and not yet considering modern regulatory restrictions (see below), the owners of riparian land along streams and lakes have rights of building out into the water, reasonable use of the water in-stream, and certain rights of withdrawal and consumption of the water on land as well while not blocking or interfering with flows to the detriment of other rights holders.  This is not property ownership of the water itself but is a "usufruct" right of use.  See, e.g., Cox v. Howell, 108 Tenn. 130, 65 S.W. 868 (1901).  See also The Pointe, LLC v. Lake Management Ass'n, Inc., 50 S.W.3d. 471 (Tenn. Ct. App. 2000), appeal denied in 2001.
http://www.tba.org/news/tennessee-water-laws-and-regulations
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