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Thread: Supremes give farmers the nod to pump away

  1. #1
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    Default Supremes give farmers the nod to pump away

    Supreme Court favors mega farms in river dispute
    BY SAMMY FRETWELL
    sfretwell@thestate.com

    COLUMBIA, SC The S.C. Supreme Court sided with big agricultural interests Wednesday in turning back a challenge to a law allowing farms to siphon billions of gallons from rivers with limited state oversight of the withdrawals.

    In a split decision, the Supreme Court said people living downstream from farms had not shown that the big water-siphoning operations are hurting rivers in South Carolina. The case challenging the legality of South Carolina’s surface water law sought to throw out exemptions that critics said favor farmers over others.

    Residents of Bamberg, Greenville and Darlington counties said the law deprived them of downstream water rights. They claimed that exemptions for agriculture allow big farms to take huge amounts of water, with little opportunity for the state to limit those withdrawals.

    But in Wednesday’s opinion, the Supreme Court said downstream users had not proven their case that they were being hurt or that the law had limited their rights to challenge upstream withdrawals.

    “We find the act does not support the plaintiffs’ allegations of injury,’’ the decision said, noting that law still protects rivers in South Carolina for the public. The ruling said people could still sue upstream farmers if they think withdrawals are hurting them.

    The decision upholds a lower court ruling that sided with farm interests.

    Water withdrawals by mega farms are a big issue in South Carolina.

    The state’s surface water law, which took effect less than a decade ago, allows farms to pump large amounts of river water for irrigation without telling the public and while undergoing only a limited review by the S.C. Department of Health and Environmental Control. Industries and others that want to siphon large amounts of water must get DHEC permits, provide public notice and undergo a more rigorous review.

    Since a mega potato farm opened about three years ago in eastern Aiken County, many rural residents have complained that big crop farms are taking so much water that rivers could one day be depleted.

    Criticism of the law resurfaced this year after The State newspaper’s series on mega farms highlighted weaknesses in South Carolina’s surface water law. Out-of-state farm corporations have acquired some 10,000 acres near the South Fork of the Edisto River between Columbia and Aiken during the past four years.

    Records reviewed by the newspaper show that the farms have withdrawn billions of gallons of river water, as well as groundwater, to irrigate thirsty crops. Farmers and their supporters say exemptions in the law make it easier for crop farms to grow food for the public.

    The Supreme Court’s decision Wednesday was not unanimous in all of its conclusions.

    Justice Kaye Hearn called the law “flawed,’’ saying it is not flexible enough. She noted that the law allows farms to withdraw water, “even if it is harmful to the health of the waterway and DHEC has no authority to curtail those withdrawals so long as the user’’ doesn’t try to increase the amount being withdrawn.

    Attorneys for the S.C. Environmental Law Project, which handled the case challenging the law, were not immediately available for comment Wednesday.

  2. #2
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    It took a while but we finally managed to elect a conservative supreme court. I have been on that quest for 11 years.
    Either write things worth reading, or do things worth writing.

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    Quote Originally Posted by Duck Tape View Post
    It took a while but we finally managed to elect a conservative supreme court. I have been on that quest for 11 years.
    Well, I'm glad the SC State Rep from Florence could make that happen for us.

    Good job.
    "Freedom Isn't Free"
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    Quote Originally Posted by Dook View Post
    Go tigers!

  4. #4
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    Well DHEC finally got a kick in their ass. I like.

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    These farmers are fixing to deplete the surface water and if they dry the branch,creeks and rivers up there is no punishment. Let them drill wells like the rest of the farmers. This will bite SC in the ass

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    Has it biten GA yet? I thought so.
    Quote Originally Posted by ecu1984 View Post
    Go Tigers!

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    Quote Originally Posted by Duck Tape View Post
    It took a while but we finally managed to elect a conservative supreme court. I have been on that quest for 11 years.
    just doing the work of the lord
    Houndsmen are born, not made

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    I STAND WITH DUCK CUTTER!
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    Quote Originally Posted by SaltMuck View Post
    Has it biten GA yet? I thought so.
    So you are for out of state farmers as we speak, walking their excavator to the edge of pristine waterways and digging a deep hole to lay pipe in and start pumping millions of surface water daily. Yes or No

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    Quote Originally Posted by Duck Tape View Post
    It took a while but we finally managed to elect a conservative supreme court. I have been on that quest for 11 years.
    .

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    Quote Originally Posted by Timsmith View Post
    So you are for out of state farmers as we speak, walking their excavator to the edge of pristine waterways and digging a deep hole to lay pipe in and start pumping millions of surface water daily. Yes or No

    Sounds like you have a pretty good handle on it. It is very simple to understand. Finally the state makes the right call on something.
    Last edited by banded_mallard; 07-19-2017 at 04:06 PM.

  11. #11
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    Why do power plants, pulp and paper mills etc have to have a permit to pull water and farmers do not?

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    Quote Originally Posted by Timsmith View Post
    So you are for out of state farmers as we speak, walking their excavator to the edge of pristine waterways and digging a deep hole to lay pipe in and start pumping millions of surface water daily. Yes or No
    Answer me first, yes or no? SC currently pulls a fraction of what GA pulls...

    Do I like it? Not really. But your point is out of staters doing it. What's the difference in Titan or the Conally's doing it? Water is water.
    Quote Originally Posted by ecu1984 View Post
    Go Tigers!

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    I have a problem with judgements based on what "might" happen. If someone can show actual damages, then we have something to work with. While I genuinely believe that it ain't a good thing for these big AG outfits to draw so much water, I prefer to wait until there is real damage or at least some demonstrable evidence that they're causing problems. If someone's well goes dry, then we can talk.

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    Quote Originally Posted by SaltMuck View Post
    Answer me first, yes or no? SC currently pulls a fraction of what GA pulls...

    Do I like it? Not really. But your point is out of staters doing it. What's the difference in Titan or the Conally's doing it? Water is water.
    Water is water, these man made lakes . I got no problem with pumping out of. I'm talking about natural streams, branches and overflows. Nature is getting ruined and nobody is trying to fix the problem. What happens when the supply line from tank to diesel pumping unit busts and 1000 gallons of diesel is sent downstream, their is no punishment or watchdog to oversee these farmers

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    Wait are talking imaginary water issues or imaginary fuel spills?
    Quote Originally Posted by ecu1984 View Post
    Go Tigers!

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    Quote Originally Posted by SaltMuck View Post
    Wait are talking imaginary water issues or imaginary fuel spills?
    You can call it what you want. Those are some beautiful waterways on 301 from Bamberg to Oburg. I would hate to see them get damaged cause someone didn't give a damn.

  17. #17
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    I worry far more about the future of our deepwater aquifers than I do river water pumping.

    *I have personally pumped hundreds of millions of gallons from both.

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    You are welcome.
    Either write things worth reading, or do things worth writing.

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    Quote Originally Posted by turbo View Post
    Well, I'm glad the SC State Rep from Florence could make that happen for us.

    Good job.
    The House and Senate elect judges. We have equal votes. The house has 124 members. The senate has 46.

    Therefore the house tends to decide the election. There are certain members who have worked hard to finally get three conservatives. I believe you will notice the difference.
    Either write things worth reading, or do things worth writing.

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    Quote Originally Posted by Duck cutter View Post
    just doing the work of the lord

    Happy you approve.
    Either write things worth reading, or do things worth writing.

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