| Save Duck Creek Farms Protect Agriculture in the Watershed |
| The number one industry in Cullman County is Agriculture. Cullman County is the number one Agricultural producer in the State of Alabama with excess of $450 million dollars in annual production. The Duck Creek Water Shed encompasses 36.5 square miles or 23,347 acres, (that courses all the way north to Morgan County). Eighty percent, (80%), of the water shed is in production agriculture—poultry, row crops, cattle, and forestry. There are 227 farm families and approximately 150 poultry houses in the watershed. The annual agricultural production in the watershed is over $40 million dollars. But, as always, farmers are very few in number, nationwide comprising less than 2% of the population. THE PROPOSED DUCK CREEK DAM PROJECT WILL BE DEVASTATING TO PRODUCTION AGRICULTURE IN THE ENTIRE WATERSHED. Corn harvest from a farm that touches Duck Creek On, Saturday, April 10, 2010 a meeting was held at the Holly Pond Methodist Church for farmers in the Duck Creek Watershed and concerned citizens throughout Cullman County. I applaud the City officials and Cullman Utility Board members who took time to come. A few politicians and candidates for political office attended the meeting. However, there were city, county officials, as well as state legislators, who could not or would not to attend. Tim Scott, from the Cullman County Soil and Water Conservation District has been involved with the Cullman Utilities Board from the very beginning in preparations for this project. Mr. Scott did an excellent job reviewing all the regulations and restrictions already in place on those in agriculture, nationwide, referring to the implementation of the Clean Water Act/Best Management Practice of 1999. Mr. Scott, then, proceeded to outline the strict enforcement of restrictions that would be in place for all farms draining into the proposed Duck Creek Lake. This would include all the land in the watershed. The restrictions would be extensive and governed by a Water Management Authority Board, (henceforth referred to as the WMA). One function of the WMA would be to hire a full time inspector whose sole purpose would be to help regulate all farming activity in the watershed. Every CAFO (contained animal feed operation) and AFO (animal feed operation) would be required to be inspected AT LEAST once per year and would be subject to random inspections at all times. This would include anyone with any livestock. It was confirmed that this included “a few chickens in the yard or a few goats for the grandchildren to play with”. The WMA would have the indefinite and undisputable power to change their regulations at any time—therein, lays the real threat to agriculture. Failure to comply could result in stiff repercussions and in extreme cases your land could be seized by eminent domain. At the meeting, I asked ALL of the officials were there any guarantees, that the WMA’s future restrictions WOULD NOT become unbearable and put farmers out of business? They ALL hung their heads down and said, “NO, THEY COULD NOT MAKE ANY GUARANTEES THAT THIS PROJECT WOULD NOT HARM AGRICULTURE”. Cotton Also, at the Holly Pond meeting, you had concerned individuals whose land would be covered up with water by the Duck Creek Reservoir. MY HOMEPLACE, THE JOHN A. LOVELADY ESTATE, LISTED ON THE ALABAMA REGISTER OF HISTORIC FARMS, LOCATED ON 278 EAST, has been a VICTIM of eminent domain on THREE occasions: twice by the TVA and once by the Federal Highway system. GETTING A “FAIR MARKET VALUE” FOR LAND DEEMED SEIZABLE BY EMINENT DOMAIN IS A CRUEL JOKE. When 278 East was widened to four lanes, we were not even offered appraised value. The monetary offer was based on the value history of the last adjacent land that had sold, decades before. After two years of haggling, we were finally paid approximately 70% of the appraised value. And during all that time, the bulldozers and road graders were already rolling. You will fight for every penny you get—but if you fight too hard, authorities can seize your land and you will be compensated little to nothing. I encourage the readers of this letter to familiarize themselves with what happened to the Irving Messersmith farm on the Golf Course Road. If you hear the story from his widow, Margo Messersmith, it will break your heart and make you want to cry. Also, WMA would have to purchase additional easement through which to run the pipe carrying the water from the reservoir into the treatment plant. They can, in turn, resale the easement to whomever they wish, which could greatly restrict your use of your land on either side of the easement. Also, this easement will be considered “inside the city limits” and the connection this easement will provide, will allow the city to annex the entire Reservoir area into the City limits. In addition, the City would then have an avenue to annex anything that touches this easement. This has been labeled “the lasso affect” and how convenient this would be for the City! By the way, the idea of annexing the Berlin Community HAS been tossed around all my life, especially when 278 East was widened to a four lanes. At the Holly Pond meeting, some argued that the time and money expended toward the Duck Creek project—someone mentioned probably in excess of $250,000—justified its completion. Do you, the average citizen who is not involved in agriculture, know that it would take more than $250,000 to build and fully equip ONE modern 500 poultry house at today’s cost? Most poultry farmers operate anywhere from 3-8 chicken houses. That debt is the farmer’s debt. How is the WMA going to fairly compensate that poultry farmer and, indeed, help him relocate elsewhere? It’s not going to happen—and agriculture will be left holding the short end of the stick, again! POULTRY WHICH INCLUDES BROILERS, LAYERS, AND ONE OF THE LARGEST MARKET EGG FARMS IN THE SOUTHEAST CULLMAN COUNTY IS THE LARGEST POULTRY PRODUCING COUNTY IN ALABAMA ALABAMA IS ONE OF THE TOP THREE POULTRY STATES IN THE NATION NOW YOU GET SOME IDEA OF HOW THE DUCK CREEK PROJECT IS GOING TO BE DETRIMENTAL TO AGRICULTURE—SO WHAT IS THIS REALLY ALL ABOUT? Number one, this is about the City continuing to maintain their monopoly over the sale of water to the County. The City has always maintained that they sold the water “AT COST” which is over $2 dollars/1000 gallons. And yet the VAW Water system buys some of its water from Lawrence County for about one-half that amount. A pretty good, steady source of income for the City, wouldn’t you say? There is a law, the Sherman Antitrust Act of 1890 that prohibits the monopolizing of goods and services, or even going to extraordinary means to suppress competition or innovation. I certainly think we have certainly witnessed this occurring here in the unbending attempt by the City, the Cullman Utilities Board and politicians to prevent any consideration by any involved entity, to consider any water solution other than the Duck Creek Reservoir. I encourage you to go to the website: http://www.duckriver.org/news and read The Cullman Times reporting history. The failure of the City and the County to work cooperatively to secure an alternate source of water has a long history. Number two, this is about development of the land around the proposed reservoir. One of the candidates for County Commission kept using the phrase, “follow the money, follow the money”. So that’s exactly what I did! I challenge you to go to: www. cullmanrevenuecommissioner.com, then link to Cullman GIS & Mapping, and proceed to Appraisal & Tax Information—and then just have FUN! You can engage in a “point and click” interactive website. You can literally point the arrow and click any where on the Duck Creek and find out who owns it, when it was bought, appraised value, etc. There ARE tracts of land that have been in families for decades/generations. But keep looking and you will see tracts that were purchased even within the last decade by money/power brokers from the city of Cullman and I am sure they are ready to get a return on their investment with high end development around the Duck Creek Reservoir. And remember, the Duck Creek Lake will cover 640 acres, but the city plans to buy up 1000 plus acres. Finally, walls have ears, especially in the Cullman County Courthouse. In recent days, someone overheard, “we are moving ahead on the Robert Trent Jones golf course around Duck River.” Let’s just follow that line of thought for a moment: Again, the city will own 1000 plus acres around the Duck Creek Reservoir. According to the city’s website, Cullman would have “complete ownership of the facilities and water rights.” The easement and the entire reservoir area will be within the city limits of Cullman. In addition, there is a big push, right now, for the City to allow alcohol sales. We have heard on Birmingham News, if only Cullman had alcohol sales—they could have a new “shopping center with a Target and an Old Navy”. I pray that the wet referendum will fail. If it passes, there will be alcohol sales everywhere in the city limits. Hopefully, it will fail on the November 2nd ballot. But what about the future? Eventually, there could be a long snaky arm of the city of Cullman, dissecting east Cullman County, that will allow alcohol sales at the backdoor of communities and towns like Walter, Berlin, Oak Level, Center Point, New Hope, Holly Pond and Fairview. Just expand your thought process a little and connect the dots from Duck Creek all the way back to the money/power brokers in the City of Cullman. EVEN THOUGH MANY DAIRY FARM FAMILIES HAVE BEEN REGULATED OUT OF BUSINESS THERE ARE STILL FAMILY DAIRIES OPERATING IN THE DUCK CREEK WATERSHED SOYBEANS |
| IF YOU THINK THIS IS ABOUT WATER—RETHINK DUCK CREEK! |
| Finally, this is about opportunistic politicians who have jumped on this hot button issue promising that they will fight to get the county’s assets returned. Our State Senator, held a political rally/hootnanny on Tuesday, May 25th, disguised as a meeting for those “concerned about water”. It was the most divisive, anger inciting thing that I have ever witnessed. This fury was accomplished with hysteria and half truths. For example, the crowd was fed conjecture and assumption that a “GUSC” was just something that Commissioners Willingham and Williams “dreamed up”. It wasn’t until a knowledgeable man in the audience challenged the Senator, that he did admit that a Government Utility Services Corporation or “GUSC” was defined in the Alabama Code. The Senator’s message then and now is “Come to me—I can redeem this situation”. It reality, YOU, the Cullman County citizen and water customer, are the only ones who can solve this issue. By supporting the GUSC, YOU will take this political football off the field, once and for all. Also, the opportunistic politicians have failed to mention, in the early 1990’s, the Cullman County Commission, under Chairman Pete Tucker, “gave away” the County’s assets when it gave away our portion of the ownership of Cullman Medical Center, to a newly formed/appointed board, the Cullman Healthcare Authority. The County Commission did this in order to easily and quickly dispose of the old hospital by taking the ability to make decisions away from the County citizens, (and the Cullman Healthcare Authority “appointees” make the decisions to this very day!) Now, if we support the GUSC and the SCCD, THE DECISIONS WILL BE MADE BY US, THE WATER CUSTOMERS AND CITIZENS OF THE COUNTY. Not by a few recruited politicians. DON’T YOU SEE—WE ARE CLOSER THAN WE HAVE EVER BEEN TO BEING ABLE TO CONTROL OUR OWN WATER SUPPLY AND COSTS. WE WILL BE INVOLVED IN A WATER SYSTEM WITH A BOARD, ANSWERABLE TO THE CUSTOMERS, JUST LIKE EVERY OTHER WATER SYSTEM IN THIS COUNTY. I spoke with David Palmer, The Cullman Times Editor, a few days after the June 1st primary and he reflected, “I think in time people will realize that what the Commissioners, (Willingham and Williams), were trying to do was a good thing, not a bad thing”. The South Cumberland Cooperative District/GUSC have pledged to consider all the options and do what is most cost effective, fair and beneficial for all of the citizens of Cullman County. |
| There is a wrong and right in this issue— There is a black and white in this issue— In this case, in the name of water, (really money, politics, recreation, and high end development), or whatever you want to call it, there are shrewd, power/money brokers who have been able to seek that “gray area”—in this case water. And that “gray area”, years from now, will relieve them of any responsibility for their actions. They have been very successful manipulators. Sadly, this has resulted in City against County, neighbor against neighbor, farmers, outside the watershed, against farmers, inside the watershed. And now, the instigators, are just standing back ringside, watching citizens beating each other up. They intervene just enough to keep the pot stirred. Who will be held responsible for the devastation to agriculture? Who, in the future, will be held responsible, when we, as farmers in the Duck Creek Water Shed, have to shut down our poultry farms and sell dairy cows because of unbearable restrictions. Who will we, as farmers, hold responsible when we have had to sell cattle herds because we have had to abandon pastureland, or forsake cropland because of some new arbitrary restrictions thought up by the “WMA”? Who will compensate us for our investment in barns, structures, equipment and a lifetime of hard work? What will become of the heritage of young farm families who are trying to perpetuate a way of life? What will become of the number one industry in Cullman County? What will become of a Nation when it has eroded and squandered away the ability to feed and clothe itself? Sadly, it is evident that anyone, for any reason, who dares question the wisdom of the Duck Creek Project, will certainly come under viscous attack. Who will be next? I am sure the readers of The Cullman Times will be the first to know. Just a few weeks ago, the Berlin Community came under attack for having a meeting and the Berlin Volunteer Fire Department came under attack for simply letting the Community use their building! Will neighbors, around the proposed reservoir, come under attack because they don’t want to see their communities disappear or be divided by water? Will the Berlin Volunteer Fire Department again come under scrutiny because they are concerned about providing fire protection once the Tanner Bridge is under water? Will parents of school children be ridiculed because they worry that school districts and bus routes may change? No one should fear intimidation or ridicule concerning this issue—especially when their voice is in opposition of this project. |
| THE TANNER BRIDGE WILL BE UNDER WATER, SEPARATING COMMUNITIES FROM EMERGENCY RESPONSE TEAMS |
RECREATION INCLUDING HIKING, RAFTING, CAMPING, AND TRAIL RIDING Will you, the Cullman County citizen and water customer, be obliged to pay for an expenditure of over $65,000,000 to purchase 1000 plus acres for the reservoir and surrounding land, build the Duck Creek Dam, and purchase 6-7 miles of easement?—most certainly! Will you, the Cullman County citizen and water customer, who is now obligated to pay millions upon millions of dollars over decades of time, IN ANY WAY DIRECTLY BENEFIT FROM THE ENSUING HIGH END DEVELOPMENT THAT WILL OCCUR AROUND THE DUCK CREEK RESERVOIR, SUCH AS EXPENSIVE HOME SITES AND GOLF COURSES—ABSOLUTELY NOT! WILL THIS DUCK CREEK DAM PROJECT, FOREVER, CHANGE THE LIVES AND FUTURES OF 227 FAMILY FARMS AND FARM FAMILIES IN THE DUCK CREEK WATER SHED—TRAGICALLY, YES! Woe to us if our vision is this limited. We all agree that we need an alternate source of water. For a community the size of Cullman County to be solely dependent on Lake Catoma is dangerous and irresponsible. We are also foolish to be totally dependent on one water treatment plant. Duplicity in water treatment is only prudent. We also need a spirit of cooperation between all of the water systems in the County and the systems of adjoining Counties in order to respond to this basic need of our region. This can be OUR REALITY if we choose. It CANNOT be about City versus County. It HAS TO be about basic fairness to ALL concerned, cooperation, and EARNED TRUST between all of us. If you are concerned about the negative ramifications of the proposed Duck Creek Dam and Reservoir, please let us know and help us anyway that you are able. But at the least, our farm family and other farmers in the Duck Creek Watershed are begging you to be open-minded and reconsider this proposed source of water for the citizens of County. PAID FOR BY CONCERNED FARMERS IN THE DUCK CREEK WATERSHED 478 County Road 1668; Cullman, AL 35058 |
| CULLMAN COUNTY IS THE NUMBER ONE BEEF CATTLE PRODUCER IN THE STATE |
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