The Wisconsin Constitution's language and principles in Article IX about the primacy of public interest rights to water, its uses and water's relationship to natural beauty preservation predate statehood.
Article IX's wording and subsequent interpretations of rights are that basic to Wisconsin, as we know and inherited it.
Scott Walker and the Legislature need to familiarize themselves with the Public Trust Doctrine, even though the title of these rights is a mouthful, as they push a special-interest mining bill that is guaranteed, and needs, to fail.
Read about Article IX, as state legislative experts explain it.
Where are the constitutionalists at the State Capitol these days? At some mining soiree?
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Thursday, January 17, 2013
The Mining Bill Threatens Water Rights In The State Constitution
Posted at Purple Wisconsin. An excerpt:
The bill does not give any mining company the ability to change anything regarding a stream or wetland without the approval of the DNR. Right now the DNR has the authority to allow putting things in streams and wetlands if it is determined that this is needed, and if there is no alternative, and if no permanent damage will occur. This actually happens quite often when we need to do things like building bridges, and it is not a change in current law and does not allow for changing the water quality.
ReplyDeleteWater rights are threatened in the state? It is the state that authorizes the rights of water usage and the state is made up of our elected representatives. There is no authority here which is not answerable directly to the people. In the past, the DNR sidestepped being answerable to the people by making up its own administrative rules, but this is now changed and the people have more to say than ever of how their resources are managed for their benefit. The vote will determine where the people stand.
ReplyDeleteScott Walker's cousin, George Walker Bush, told him and his cohorts that the Constitution was just a goddamn piece of paper.
ReplyDeleteScottie's got that Louisville Slugger in his office -- he's a tough guy -- who's gonna stop him?
On what planet is there a Supreme Court that will actually, you know, uphold the constitution if multinational corporations say otherwise?
Besides, the noooooozepaper you work for said this wasn't divisive, its bipartisan, and "moderate"; right?
But walker has UUUUUUUNION guys right there with him at the state of the state address! Its a pro-labor thing -- REALLY!
ReplyDeleteWorkers are Scottie Pumpernickle Walker's bestest friend -- that's why he runs on jobs jobs jobs.
And flanks himself with UUUUUUUUNION folk!
I saw on my TEE-VEE that walker is now the great uniter -- we're all one big happy family now.