The Honorable Jo-Ellen Darcy
ASA(CW)
108 Army Pentagon
Washington, DC 20310-0108
Dear Ms. Darcy,
The Corps of Engineers planned closing of tail-waters below the 10 dams of the Nashville District represents an affront to the sensibilities of Americans who hold the normative assumption of civilian control of the military, and the fundamental tenets of the separation of powers.
Since the Corps’ initial announcement of their intent to barricade the river waters below the dams within their Nashville District, there has been an overwhelming negative response by the citizens of Tennessee and Kentucky. While provision within the Water Resources Act of 2006 require the solicitation of public input on such matters, it is unlikely that open public discussion would have been heard at all, were it not for the intervention of Tennessee Senator Lamar Alexander. Only after Senator Alexander advised the District Commander of the need for such discussion, were 4 public meetings in Kentucky and Tennessee scheduled. The public response in those meetings was so resounding, 18 federal legislators, two governors, and the wildlife management authorities of both states have written to the Corps, compelled to join their constituents in opposition to this plan. To this date the military leadership of the CoE, at all levels, have ignored the volume of public dissent. Indeed, the District Corps Commander, Lt. Col. James DeLapp, is on record stating that, “public comment is not needed”. In all 4 of the public meetings conducted by the CoE in this matter, Lt. Col. De Lapp’s sentiments were implicitly but resoundingly echoed. Throughout this process, the CoE has made it exceedingly clear, that only legislation would stop them from closing off these waters. As of this week, our collective legislators have initiated the processes - in both houses - to do just that. How unfortunate, when common sense and compromise is easily at hand.
The waters in question are economically and emotionally attached to the people of our two states. Economically, because because the outdoor travel and tourism industries are absolutely essential to our fiscal well being. These waters are global destinations. Emotionally, because the outdoor sportsmen of the region see these highly productive fishing waters as a heritage asset, enjoyed by generations. It is now obvious, that we cannot sit idly while a military entity usurps its legal authority by extending its perceived authority beyond the structures they are rightfully protective of.
The CoE have consistently and professionally made their case by publically stating an obligation to a 17 year-old internal Engineering Regulation (ER 1130-2-520 Chapter 10). As a matter record, that order was regarded as wholly in compliance, by several of Lt. Col. De Lapps predecessors. Indeed there are letters by former Nashville District Commanders on that regulation; one of whom wrote specifically to the unwise installation and consequences of permanent barricades. The other consistently stated rationale is one of public safety. Without prompting, the CoE is stating that suddenly the public needs to be protected from the waters we have fished from for half a century. To back up their safety rationale they have presented statistically feeble, heavily redacted (and in some views, deceptive) accident reports, and support the notion with a YouTube posted video.That video, said to represent “a study”, shows a boat occupied by two crash dummies, launched into the full release discharge waters of Nickajack Dam. The boat had neither engine nor steering. But the blindingly obvious flaw of the study, is the complete absence of a brain onboard. Short of a person vying for a Darwin Award, no one would take a boat anywhere near such violently boiling waters. The unfettered accident records show that the few fatalities that have taken place in the tail-water of the dams in question, were completely avoidable, by the use of a lifejacket and/or common sense boating practices. The number of tail-water incidents are miniscule in comparison to that of the lakes behind the dams. Most of the dams at risk have never had a tail-water fatality. So very weak is the Corps’ stated closure rationale, that the true statistics and history cause some of us to speculate on an alternate agenda.
How unfortunate and wasteful this exercise has become. The Corps cites a new interpretation of a 17 year-old internal engineering regulation, while the users of the waters defer to the common doctrine of public ownership, objective civilian control, and the separation of powers. Under Title 36 of the Code of Federal Regulation, these resources are to be managed, “in the public interest”. What a shame, that it takes the concerted bi-partisan efforts of our congressional representatives to define for the Corps, what our public interest are.
Ms. Darcy, you have been entrusted by the President and Congress with the authority to end this. It is our hope that you will exercise that authority and allow our two states to continue toward economic recovery, retain our sporting heritage, confirm the principles of civilian oversight, and allow the deeply appreciated efforts of our congressional representatives to turn toward more global matters.
Thank you for your consideration.
Most sincerely,
Richard (Rick) Duty
Gallatin, TN
raduty@comcast.net
TN/KY Restrictions Rick Duty ..
