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Name:   LOCOonWater - Email Member
Subject:   water release
Date:   12/3/2008 9:39:23 AM

Why is APC still drawing down the water surely there has'nt been a heat wave at gorgas to need the cooler waters?



Name:   Mo - Email Member
Subject:   water release
Date:   12/3/2008 5:25:59 PM

Like I said before. Alabama Power can do what they want. Recently Gorgas has had their steam turbines shut down and running on natural gas turbines because of the price of coal.
The lake level is above full for winter pool.



Name:   waterph - Email Member
Subject:   water release
Date:   12/3/2008 6:06:46 PM

Just how far reaching is the term "APC can do whatever they want?" If I remember, you also stated that they can drain the lake since they "own" Smith Lake. Please give the forum members further details on how powerful this corporation is.

APC exists because they have a product to sell (electricity) and they will continue to do this as long as they operate in a responsible manner and stay within their operating permits. They do not have the authority to change electrical rates to the people in this area because they are the only source. Again, they do have a "boss." The PSC exists for a reason. Otherwise, greed reigns.

APC does not have the authority to have a floating standard for temperature of water released back to the river after being used for cooling. This max temp is regulatory set to prevent thermal pollution. Let APC start operating "outside the box" and you will see new leadership at the helm of APC very fast. Corporate leaders do not like jail times or fines because they knowingly violate a law.

APC can switch from coal to natural gas and back based on circumstances. However, this change is a process change and still requires notification. If the natural gas process was recently installed, APC had to have a new operating permit. This level of change is not done without advanced notification to appropriate agencies. Let the stack emissions change and you will see how powerful APC is.

Even though important to this area, APC cannot operate outisde the law. They have spent several million dollars recently in smoke stack upgrades to bring Gorgas into compliance. APC does not like to be tagged as a major source of pollutants. Similarily, APC does not like the tag of a poor corporate citizen.

I believe that they will only do the minimum required on non regulatory issuees (water level). However, when you couple water level to environmental, safety, health, and public needs such as drinking water supply, you will see action by APC. This is why pressure from SLISA and others is absolutely essential for reasonable water level management. Smith Lake is not APC's toy just like the Tennessee River is not TVA's toy.



Name:   Mo - Email Member
Subject:   water release
Date:   12/3/2008 8:51:10 PM

Attention Property Owners
Alabama Power holds property rights around the lake as required by the Federal Government. So before you begin construction, make changes or additions to any structures or the shoreline, you need to call Alabama Power Company for a permit. An Alabama Power representative will meet with you. To schedule an appointment, call 1-800-LAKES-11 (525-3711) (in Birmingham, 257-1077) or visit shoreline management.

Copied directly from the Alabama Power website.

According to my take on this. They could put a fence up at the 510 mark and nobody could do a thing about it.





Name:   Maverick - Email Member
Subject:   water release
Date:   12/3/2008 9:40:42 PM

Actually you are not correct as I have in fact researched this specific topic and the federal and state laws reads as follows:

Alabama Law Ala. Code § 9-11-80(a) (1998).

(a) All waters of this state are hereby declared to be public waters if such waters are natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals or lagoons or are dug, dredged or blasted canals and if these waters traverse, bound, flow upon or through or touch lands title to which is held by more than one person, firm or corporation. Any water impounded by the construction of any lock or dam or other impounding device placed across the channel of a navigable stream is declared a public water. All waters caused to be impounded or owned or leased by any municipality, county or other governmental unit are also declared to be public waters; likewise, all impoundments owned or operated by public utilities when such impoundments touch or bound lands title to which is held by more than one person, firm or corporation are declared to be public waters; provided, that before any person may go or be upon the posted lands of another for the purpose of fishing he shall procure the consent of the landowner or his agent.


The U.S. Supreme Court has ruled that rivers that are navigable, for title purposes, are owned by the states, "held in trust" for the public. This applies in all fifty states, under the "Equal Footing Doctrine."

Rivers that do meet the federal test are automatically navigable, and therefore owned by the state. No court or government agency has to designate them as such.

The federal test of navigability is not a technical test. There are no measurements of river width, depth, flow, or steepness involved. The test is simply whether the river is usable as a route by the public, even in small craft such as canoes, kayaks, and rafts. Such a river is legally navigable even if it contains big rapids, waterfalls, and other obstructions at which boaters get out, walk around, then re-enter the water





Name:   waterph - Email Member
Subject:   water release
Date:   12/4/2008 5:58:24 AM

If you have a job with APC that has even a small power base, this area really needs to be on the alert for any new directives isssued by APC. This type of logic alsmost suggest that you are one of the few who believes that man never landed on the moon; General Motors has had brillant leadership during the past 25 years; FMae and FMac did not have anything to do with our current fiinancial crisis; and a $98 million severance package to 10 incompetent executives is justified.



Name:   waterph - Email Member
Subject:   water release
Date:   12/4/2008 10:19:02 AM

Clarification

My comments are addressed to the forum member who elects not to use an alias.



Name:   keyman - Email Member
Subject:   water release
Date:   12/7/2008 10:11:49 AM

BRAVO!!!!!!

Maverick I am afraid you will find when you start dealing in facts the replies deminish greatly.
APC tries to sway public opinion with propoganda in stead of facts. Keep up the good work.

keyman







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