[SEL] Engineers
Judge Tommy Turner
lcjudge at scrtc.com
Mon Sep 5 18:37:32 PDT 2005
Steve, I agree that if the state and locals saw a problem then they
should fix it. However, when dealing with running waterways, they have
no jurisdiction. All mapped and flowing (used to be called navigable)
waterways are under the total jurisdiction and control of the Corps of
Engineers, a Federal agency that turns its nose to any state or local
suggestion that they know how something should be "fixed". I'm very
familar with how they work. We have a local city that has a river
running through the middle of town. The stream began eroding a bank,
due to a log jam, and it was getting close to one of the city water
treatment holding tanks. The city decided to "fix it". They did the
logical thing by removing the log jam and placing large rock on the
eroded bank. They then had the opposite side dredged to help open the
stream. The Corps heard about it and the City and contractor ended up
in Federal Court. The last I heard about it the city had to pay some
sort of restitution and is under an Agreed Order to prevent it from
trying to do such a thing again. The contractor ended up not having to
pay any restitution but he told me he spent about $5000 on attorney's
fees. So, when the state and locals cry "the Feds didn't fix it"
they're exactly right. I agree with your statement that NO shouldn't
have been built where it was. But, you have to remember that this
situation has been ongoing over time and whoever picked out the location
to construct NO 225 or so years ago didn't have good flood plain maps.
Tommy Turner
Magnolia, KY
Steve W. wrote:
>The big thing that I see as a citizen is a State blaming the Federal
>government for things that were there own fault. The state was warned
>repeatedly about the problems and failed to correct them. Now the state
>is saying that it was because the Feds wouldn't give them the money.
>BFD. If they KNEW there was a problem FIX IT, then bitch about it later.
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