text:
U.S. Wild and Scenic Rivers Act
The U.S. Wild and Scenic Rivers Act of 1968 attempted to provide federal protection to certain pristine rivers of the USA. Major issues posed by the Act involve potential inconsistencies of that Act with the Tenth Amendment to the U.S. Constitution, which provides that powers not explicitly granted to the Federal Government by the Constitution are inherently the province of individual states.
During the 1960s, support grew for the idea that the development of rivers in the United States needed to be balanced by protecting certain rivers that possessed outstanding undeveloped qualities. This sentiment culminated in the enactment of the Wild and Scenic Rivers Act of 1968. Rivers may be designated for protection under the act by the U.S. Congress or nominated for inclusion by the Governor of a State and approved by the Secretary of the Interior. The act addresses the protection of the water flows of designated rivers, both expressly and by implication. This report examines the purposes, language, and legislative history of the act in order to analyze its effects on federal and state water rights. It also reviews specific water rights provisions within certain river designations.
The act states that the United States' policy is to preserve certain rivers possessing outstanding values in "free-flowing condition" and that the purpose of the act is to implement that policy. The act contains several paragraphs on water rights, stating that the jurisdiction of the states and United States over waters shall be determined by established principles of law; that any taking of water rights shall entitle the owner to just compensation; that the jurisdiction of the states over waters is unaffected by the act to the extent that such jurisdiction may be exercised without impairing the purposes of the act or its administration; and that the act shall not be construed to alter interstate compacts.
The act also indicates (albeit by reverse implication) the availability of federal water rights necessary to accomplish the purposes of the act:
Designation of any stream or portion thereof as a national wild, scenic or recreational river area shall not be construed as a reservation of the waters of such streams for purposes other than those specified in this chapter, or in quantities greater than necessary to accomplish these purposes.
This report discusses federal authority over water, and federal "reserved" and non-reserved water rights. Based on the language of the act and its legislative history, it appears that the act creates federal water rights. The act does not specify the quantity of the right. The amount of the federal right is likely to vary from river to river depending on the river's flows, the unappropriated flows in the river at the time of designation, and the values for which the river is being protected. In practice, federal reserved water rights have not always been claimed if alternative means are adequate. Necessary water flows sometimes have been secured under state law, through cooperative agreements, and by purchases from willing sellers.
During the 1960s, support grew for the idea that the natural tendency toward development of rivers in the United States needed to be balanced by protection of certain rivers possessing outstanding undeveloped qualities. This sentiment culminated in the enactment of the Wild and Scenic Rivers Act of 1968 (WSRA).[1] Rivers may be designated by Congress, or, in some instances, be nominated by a Governor and approved by the Secretary of the Interior. Designation provides certain protections from development and from the adverse effects of water resources projects.
Section 1 of the act declares it to be the policy of the United States that certain rivers that possess "outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition," and that the established national policy of dam and other construction be complemented by a policy that would preserve other selected rivers or sections "in their free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes." Section 2 of the act states that it is the purpose of the act to implement the policy set out in section 1.
The act establishes three categories of rivers: wild, scenic, and recreational. A river will be classified as one of these categories depending on its characteristics and values at the time of designation and the desired level of protection. Rivers in the Wild and Scenic River System are managed by various federal agencies.[2] "River" and "free-flowing" are defined in 16 U.S.C. 1286:
"River" means a flowing body of water or estuary or section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.
"Free-flowing," as applied to any river or section of a river, means existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the national wild and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, That this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the national wild and scenic rivers system.
The act provides protection for a designated river or segment by limiting the licensing of dams, reservoirs and other water project works on, or adversely affecting, protected segments. As to the most vital protection of all, the protection of the flow of the river, the statute is convoluted, but appears to create federal water rights sufficient to carry out the purposes of the act. Section 13, codified at 16 U.S.C. 1284, states:
(b) The jurisdiction of the States and the United States over waters of any stream included in a national wild, scenic, or recreation river area shall be determined by established principles of law. Under the provisions of this chapter, any taking by the United States of a water right which is vested under either State or Federal law at the time such river is included in the national wild and scenic rivers system shall entitle the owner thereof to just compensation. Nothing in this chapter shall constitute an express or implied claim or denial on the part of the Federal government as to exemption from State water laws.
(c) Designation of any stream or portion thereof as a national wild, scenic, or recreational river area shall not be construed as a reservation of the waters of such streams for purposes other than those specified in this chapter, or in quantities greater than necessary to accomplish these purposes.
(d) The jurisdiction of the States over waters of any stream included in a national wild, scenic, or recreational river area shall be unaffected by this chapter to the extent that such jurisdiction may be exercised without impairing the purposes of this chapter or its administration.
(e) Nothing contained in this chapter shall be construed to alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by any States which contain any portion of the national wild and scenic rivers systems.
The interpretation of this language, its legislative history and the import for managing wild and scenic rivers is discussed in this report.
Federal Authority Over Water
Congress derives authority to regulate water from several constitutional sources, among them the commerce power (including the navigation power), the spending power, the war power, the treaty power and the property power.[3] Furthermore, under the "Supremacy Clause" (art. VI, cl. 2) of the Constitution, when the federal government exercises legitimate authority, the federal law may preempt state law.[4] However, the point at which federal law preempts state law is not always clear.
The Supreme Court has recognized the federal power to regulate water under various constitutional powers and resultant statutes. For example, pursuant to the "Commerce Clause" (art. I, 8, cl.2), Congress may regulate water and water use, and, pursuant to the authority to regulate navigation, may even abrogate state sanctioned water rights without paying compensation.[5] Also, the authority for Congress to tax and spend for the general welfare has been said to provide the federal government powers in connection with water and water projects beyond those under the Commerce Clause.[6]
Considering that the act also provides for the acquisition of lands by the federal government in the river corridor, another source of constitutional authority for the Wild and Scenic Rivers Act is the "Property Clause" (art. IV, 3, cl. 2), which authorizes Congress to make "needful rules and regulations" regarding federal property.
Water Rights Under the Wild and Scenic Rivers Act
Background and Statutory Language
Although Congress has repeatedly deferred to state law in the area of regulation of water use,[7] and a court is likely to be cautious in concluding that a federal water right is created, whether reserved or non-reserved, the power of the federal government to do so cannot be denied. Therefore, the critical factor is whether Congress intended that such rights be created, as indicated either by express language, or by implication from a congressional purpose, reservation, or directive for which water is necessary. A court will derive evidence of that intent from the language of the statute in question, its purposes, and, on points as to which there is any ambiguity, its legislative history.
The purpose of the Wild and Scenic Rivers Act is stated as being to implement the policy set out in section one of the act — to preserve rivers "in free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes." "Free-flowing" is defined as "existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway." It seems likely that Congress intended to create a federal right to some or all of the instream flows of designated rivers or river segments in order to carry out the purposes of the act.
This conclusion is reinforced by the express, though negatively stated, reference to the creation of water rights in section 1284(c), that
[d]esignation of any stream or portion thereof as a national wild, scenic or recreational river area shall not be construed as a reservation of the waters of such streams for purposes other than those specified in this chapter, or in quantities greater than necessary to accomplish these purposes.
The words "reserve" and "reservation" also appear in the few Supreme Court cases relating to federal water rights. Although the nature and extent of federal power over water generates perpetual debate, the Supreme Court has held that the federal government may, at the least, "reserve" unappropriated water (water not subject to a right vested under state law) for federal purposes from federal "public domain" lands.[8] This reservation may be express, but typically is inferred from the congressional purposes in reserving lands for some purpose. The federal right vests and has a priority date as of the date of the reservation, whether or not the water is put to immediate use. Hence, the federal right is junior to rights existing on the date of the establishment of the federal right but senior to all rights vesting after that date. A brief history and discussion of the elements of these rights follows.
"Public domain" lands are federal lands (primarily in the West), that were obtained from a foreign sovereign rather than from a state or individual. These western lands developed an "appropriation" system of water rights that contrasts with the "riparian" rights systems of the eastern states — a system in which water rights depend on ownership of the lands adjacent to the water source.[9] As the original owner of the public domain lands before states were created, the federal government was vested originally with all proprietary and legislative authority predating the authority of states that were subsequently created. Therefore, there could not be any riparian owners for decades because the federal government was the only riparian owner. For this reason, and because water sources in the arid West were scarce and water typically needed to be moved to be used, the new appropriation system of water rights and priorities developed.
Throughout much of U.S. history, the public domain lands were generally available for entry and for perfection of private ownership. However, the government could withdraw certain lands from the operation of the disposal laws, and if such withdrawn lands were dedicated to a particular purpose or purposes, the lands were said to be a "reservation" — reserved for those purposes. As a factual happenstance, the cases to date on federal water rights in general have involved public domain lands and reservations created out of them.[10]
The Wild and Scenic Rivers Act speaks in terms of "reserved" water, yet also provides for the designation of rivers located among non-public domain lands in the East. Although the Art. IV property power speaks of the "Territory or other Property belonging to the United States" and does not distinguish between public domain lands and lands acquired from a state or individual, we know of no cases that required a court to interpret the use of the word "reservation" in the WSRA as it applies to rivers in non-public domain states. However, the act also authorizes the acquisition by the federal government of a certain amount of lands within a designated river corridor. Therefore, federal property would adjoin a protected river. Perhaps a court would articulate a federal right related to acquired federal lands as a "non-reserved" federal right to distinguish such right from the historical meaning of the term "reserved." Or perhaps "reserved" rights would be interpreted to mean a federal water right associated with a congressional directive that federal lands, whether public domain or acquired, be used for a particular purpose.[11] Given the basic constitutional authority of Congress to deal with property of the United States, the choice of terminology should not affect the otherwise clear intent to achieve certain purposes. Therefore, it is likely that a court will treat the water rights language in the Wild and Scenic Rivers Act as giving rise to water rights sufficient to carry out the purposes of the federal reservations and designations created by the act.
The quantity of a WSRA federal water right appears to be the amount necessary to achieve the purposes of the act; here that appears to be that amount necessary to preserve the free-flowing condition of the river and to preserve the values for which the river was protected.[12] It is therefore arguable what quantity is sufficient in each instance, and the protected amount may not be the full flow the river. The definition of free-flowing would seem to argue that the full unappropriated flow as of the time of designation (i.e., subject to those existing uses and diversions that do not impair the purposes for which the river is being protected) is protected. On the other hand, by referring to "necessary" water, § 1284(c) may indicate that the amount of the federal right may be less than the full amount of water available. In a river that is subject to heavy Spring flows, for example, the argument might be made that some peak water flows could be impounded or diverted upstream as long as sufficient flow was released to the protected segment to maintain the values for which it was protected.
Section 1284(b) states that "established principles of law" apply to the respective jurisdiction of the States and the United States over waters of streams included in the system, and that "[n]othing in this chapter shall constitute an express or implied claim or denial on the part of the federal government as to exemption from state water laws." This latter sentence seems ambiguous in view of the fact that the act creates federal rights. In light of the federal rights and the legislative history as is set out below, the best interpretation of this provision seems to be that Congress was reiterating that it did not intend to expound a new general position as to exemption from state water laws, but rather wanted the courts to apply the usual principles — which would include the federal rights necessary to accomplish the Congressional purposes. This reading is borne out by subsection (d) that states that "[t]he jurisdiction of States over waters of any stream included in a national wild, scenic or recreational river area shall be unaffected by this chapter to the extent that such jurisdiction may be exercised without impairing the purposes of this chapter or its administration." Again, this provision has the converse meaning that the traditional jurisdiction of states over waters is affected if its exercise impairs the federal purpose of protecting free-flowing streams.
Lastly, section 1284(b) states that "[u]nder the provisions of this chapter, any taking by the United States of a water right which is vested under either state or federal law at the time such river is included in the national wild and scenic rivers system shall entitle the owner thereof to just compensation." In other words, if any existing water right were ever condemned for federal purposes, compensation would be paid. However, representatives of the Departments of the Interior and Agriculture inform us that no water right has ever been condemned under WSRA.
To summarize, the WSRA appears on its face to protect designated rivers in a free-flowing state by a "reservation" of the waters of such streams, necessary to carry out the purposes of the act, to affirm existing principles of law as to federal/state authority over water, and to provide compensation for any taking of water rights that were vested under state law.
Legislative History
Although it seems evident from the face of the statute that Congress intended to create federal water rights, in view of the historical sensitivity of water rights issues a court might nonetheless review the legislative history of the act for confirmation, clarification, or contradiction of that apparent intent. The legislative history might also be examined for possible clarification of particular points such as the quantity of the federal right. Different courts, however, give different weight to legislative history. A court usually gives more weight to the committee reports and to floor explanations by a bill's sponsors or managers, than to the comments of any other Member.
The language in the various bills proposing this legislation differed. H.R. 18260 contained only brief language on water rights. Section 13(b) stated:
Nothing in this Act shall constitute an express or implied claim or denial on the part of the United States with respect to the applicability to it of, or to its exemption from state water laws, and nothing in this Act shall be construed to alter, amend, or repeal any interstate water compact which has heretofore been entered into by States which contain any portion of the national scenic rivers system and to which the consent or approval of the Congress has been given.
The committee report merely paraphrased this language with no additional explanation,[13] but also noted that H.R. 18260 was similar to a bill submitted by the Department of Interior. Representative Aspinall, then chairman of the House Committee on Interior and Insular Affairs, when asked about the effect of the legislation on water rights acquired under state law quoted comments from the Department of the Interior:
Enactment of the bill would not in any way affect or impair any valid or existing water rights perfected under State law. In addition, further appropriations could be made and water rights perfected under State law so long as the subsequent appropriations would not adversely affect the designated rivers.[14]
As to the "reservation of water" created by the act, Representative Aspinall continued to quote the Department:
Enactment of the bill would reserve to the United States sufficient appropriated water flowing through federal lands involved to accomplish the purpose of the legislation. Specifically, only that amount of water will be reserved which is reasonably necessary for the preservation and protection of those features for which a particular river is designated in accordance with the bill. It follows that all unappropriated and unreserved waters would be available for appropriation and use under State law for future development of the area.[15]
The "similar" departmental bill, however, contained additional express language on the reservation of water and the taking of state recognized rights, so these comments were not fully appropriate to the language then being considered.[16]
The Senate bill, S. 119, had retained more of the departmental language, although the critical language as to the federal right was changed from an affirmative statement to a negative implication. The Senate language was adopted at conference as the final language.[17]
Section 6 of S. 119 contained the water law related items, numbered differently but worded as they ultimately were in the final language. The Senate Committee Report explained the provisions as follows:
Water Rights
The language contained in subsection 6(f) is intended by the committee to preserve the status quo with respect to the law of water rights. No change is intended. The first sentence states that established principles of law will determine the Federal and State Jurisdiction over the waters of a stream that is included in a wild river area. Those established principles of law are not modified. The third sentence states that with respect to possible exemption of the Federal Government from State water laws the act is neither a claim nor a denial of exemption. Any issue relating to exemption will be determined by established principles of law as provided in the first sentence. The second sentence would apply to this legislation the principle of compensation embraced by section 8 of the Reclamation Act of June 17, 1902 (32 Stat. 388, 390, found in 43 U.S.C. 383). This means that the Government must pay just compensation for a water right taken for wild river purposes if the water right is a vested property right under established principles of State or Federal law. See U.S. v. Gerlach (339 U.S. 725).
Subsection 6(j) makes it clear that designation of a stream or its portion thereof is not to be considered a reservation of unappropriated waters other than for the purposes of this act — and in no greater quantities than are necessary for those purposes.
It should be made clear that it is the intention of the committee that the Federal Government may reserve only such unappropriated waters as may be required for the purposes specified in this act. The establishment of a National Wild and Scenic Rivers Systems is not intended to affect or impair any prior valid water right vested under State or Federal law.[18]
This language was paraphrased on the floor. Senator Church engaged in a colloquy with Senator Allott, who stated that he would like to "ask a few questions and perhaps make a little legislative history," during the course of which some aspects of the bill appear to have been overstated:
Mr. Church: I would say to the Senator that whatever present law decrees with respect to the priority of rights, among appropriators, that law is left intact by this bill. It is true that the Federal Government can acquire rights by reservation, just as private citizens can acquire rights by appropriation. We sought not to interfere with water law, one way or another. We took great care in committee, as the Senator knows, to work out language that would make it clear that present water law is not altered by the provisions of this bill.
Mr. Allott: ... I think perhaps the legislative intent of the language shown at the bottom of page 5 of the committee report and the three paragraphs under the section entitled "Water Rights," might be further clarified. First, I think it should be stated that the appropriate Secretary can only reserve unappropriated waters for the purposes of this act. I am sure the Senator from Idaho is in agreement with that.
Mr. Church: I am in agreement with that.
Mr. Allott: Second that the reservation is subject to prior water rights vested under State law, and therefore that the appropriate Secretary cannot insist upon any greater flow in the river than the amount of unappropriated water. I am sure the Senator would agree with that?
Mr. Church: Yes, I am in agreement with that.
Mr. Allott. Third, the only superior right the appropriate Secretary will have on the river is with regard to subsequent appropriations under State law.
Mr. Church: I find no difficulty with that.
Mr. Allott: I am sure that is true. We do have now in the report on page 5, and I think we should make a record of it, the concept of a reservation only of unappropriated waters, and that this reservation is subject to prior appropriations and paramount only to subsequent appropriations.[19]
This discussion is somewhat confusing because, although it is correct to say that the federal water rights created by the act are only for the unappropriated water in the source and are subject to prior water rights vested under state law, this discussion failed to also note that the act included language permitting federal condemnation of state recognized rights if needed for the purposes of the act.
In describing S. 1446 in the previous (89th) Congress, a bill that contained similar language preserving established principles of law, Senator Church had further stated that:
Precaution has been taken to fully protect established water rights, and to make certain that State water laws are not infringed in any way. The Senate Interior Committee hammered out amendments to the original language to make doubly sure that the status quo with respect to water law remains unchanged[20]
In responding to a question from Senator Kuchel as to whether it was not "the understanding of the Senator that there has been no substantive change in the presently established principles of Federal and State water rights law," Senator Church stated:
The Senator is correct. The whole of the language in the sections to which the Senator has referred — sections, incidentally, which include the amendment the Senator proposes as subsection (i) under section 5 of the bill — was to maintain the status quo with respect to the whole complicated structure of water law.
We have tried diligently to write language which would not embark us upon any new departure in the field of water law.
We seek to leave the law as it stands, to establish a wild rivers system which will not impair or alter or in any way change existing State or Federal laws concerning water rights.[21]
Senator Kuchel of California had expressly approved the "neither claim nor denial" language in the 89th Congress;[22] he was the sponsor of amendments to clarify the section on water rights; and expressly approved of the final language on the floor.[23]
It appears from these comments that preserving the status quo of the law and not infringing on state water laws was nonetheless understood as allowing establishment of federal water rights for federal purposes. This conclusion also was made clear by a discussion that ensued after an amendment was proposed that would have required a federal water right for wild and scenic river purposes to be obtained under state law. The amendment was rejected on the grounds that it would frustrate the purpose of the legislation, that the current language protected both federal and state law within their respective spheres, and that the current language allowed both the federal and state governments to seek judicial determination of the respective rights of each.
In urging rejection of the amendment, Senator Church introduced a legal analysis by the Department of the Interior that clearly indicated that the existing wording of the Wild and Scenic Rivers Act preserved the status quo as to current water law, and that the status quo permitted both federal and state rights.[24]
Cases and WSRA Water Rights in Practice
Although very few cases have involved water rights under the act, the Idaho Supreme Court has held that §13(c) does reserve federal water rights:
The legislative intent is awkwardly stated in the negative in section 13(c) of the Wild and Scenic Rivers Act, but it is clear that Congress intended to reserve water to fulfill the purposes of the Act ....
Section 13(c) makes little sense unless the legislation reserves water to fulfill the purposes of the Act. It would be anomalous to logic to say that the Act which was expressly created to preserve free-flowing rivers failed to provide for the reservation of water in the rivers. Such a result would run contrary to the language of section 13(c) and the Congressional declaration of policy.[25]
This case was decided in the context of a congressionally designated river, rather than a state-nominated river. Because rivers that enter the National System through the state application process must be managed by the state in question, protection of their free-flowing nature and values is accomplished under state law. However, § 13 refers to designation of "any" stream or portion thereof in connection with the reservation of necessary water, and the argument can be made that a federal water right is available to protect state-nominated rivers as well as those Congress designates. However, we know of no instances in which a federal water right has been invoked to protect a state-nominated river.[26]
In addition, the individual legislation designating a wild and scenic river may address particular water flows and facility situations.
Although federal reserved water rights appear to be available under WSRA, they have not always been claimed.[27] Agency materials[28] indicate that in instances where another underlying federal right (e.g. national forest reserves) exists and appears adequate to provide sufficient water, a WSRA federal right might not be asserted.[29] Similarly, if a right to adequate instream flows is available under state law, the United States has applied for necessary water by that route. Adequate flows may also be obtained under a specific state statute, through cooperative agreements, by filing defensive protests objecting to possibly harmful water right applications by others, or through purchase of necessary water from willing sellers. As noted above, the United States has never condemned water rights for WSRA purposes.
Discussion and Conclusions
To summarize, the Wild and Scenic Rivers Act appears to create federal water rights to flows of protected river segments necessary to carry out the purposes of the act. The text and legislative history support this interpretation. The right appears to be to water not otherwise obligated under state law, but with the additional power in the federal government to condemn rights vested under state law if necessary to accomplish the federal purposes. To date, this condemnation power has never been used.
As discussed, the quantity of the water right is the amount sufficient to carry out the purposes of the act and no more. Probably, the quantity of a particular protected river or segment would depend on the existing flows, the values for which the river was being protected, and its classifications.
It also is not totally clear as of what date the federal right takes "priority" where that analysis is relevant. Ordinarily, the relevant date would appear to be the effective date of the reservation or designation. However, some protections of the act begin when a river is designated for study, and it might be argued that this is the proper priority date with respect to a river that later is successfully included in the
In practice, in addition to claiming federal reserved rights for some protected rivers, the federal agencies managing wild and scenic rivers have sought to safeguard the necessary river flows under state law through cooperative agreements and through purchases from willing sellers
- ^P.L. 90-542, 82 Stat. 906, codified at 16 U.S.C. 1271 et seq.
- ^ The National Park Service, the Bureau of Land Management, the Forest Service, and the Fish and Wildlife Service all manage designated rivers.
- ^ See 4 WATERS AND WATER RIGHTS, Ch. 35: Constitutional Foundations of Federal Water Law, Robert E. Beck, Editor-in-Chief (1991 Ed., 2004 replacement volume).
- ^Gibbons v. Ogden, 9 Wheat. (922 U.S.) 1, 210-211 (1824). See Perez v. Campbell, 402 U.S. 637 (1971); Lee v. Florida, 392 U.S. 378 (1968); Nash v. Florida Industrial Comm. 389 U.S. 235 (1967); Hill v. Florida ex rel. Watson, 325 U.S. 538 (1945).
- ^4 WATER AND WATER RIGHTS, 35.02(c), Robert E. Beck, Editor-in-Chief, (1991 Ed., 2004 replacement volume).
- ^ Id., 35.04.
- ^ See United States v. New Mexico, 438 U.S. 696, n.5 at 702 (1978).
- ^ Cappaert v. United States, 426 U.S. 128 (1976); United States v. New Mexico, 438 U.S. 696 (1973); Arizona v. California, 373 U.S. 546 (1963); Winters v. United States, 207 U.S. 564 (1908).
- ^ A discussion of the differences between appropriation and riparian systems of law is not necessary for the purposes of this paper. It can be noted, however, that under the riparian system, the right to use water is a right incident to the ownership of land that abuts the water source. The right is usually said to be to make "reasonable use" of the waters, although these uses may vary under state law. Each riparian owner has the same right, the right is not lost through disuse, and all share in times of shortage. In contrast, in an appropriation state the right to use water is not dependent on ownership of adjacent land, the right is for a particular quantity and use, and may be lost through disuse. Holders of water rights are ranked as to their entitlement with earliest users having "priority" over later users, such that the later users may not receive water in times of drought.
- ^ See also Potlatch Corp. v. United States, 134 Idaho 912, 12 P.3d 1256 (Idaho 2000), in which case the Idaho Supreme Court affirmed a lower court decision in the Snake River Basin Adjudication holding that designation under the Wild and Scenic River Act gave rise to federal reserved water rights in the amount necessary to fulfill the purposes of the act.
^ The Supreme Court has interpreted federal reserved rights as including those for any federal enclave, and the waiver of sovereign immunity in 43 U.S.C. 666 as permitting the United States to be joined in proceedings adjudicating rights to the use of water of a river system, including appropriative rights, riparian rights, and reserved rights. United States v. Eagle County, 401 U.S. 520, 523-524 (1971).
Another analysis, in speaking of the property power and water, stated: It is important to understand that any water rights that may be asserted by the federal government outside of state law — whether called reserved, non-reserved or by some other name — rest on this same constitutional basis. Thus, federal reserved rights are not a unique species of federal rights that arise directly out of the reservation of federal lands, so that, absent a reservation of land, no federal water rights can exist.
T. Olson, Memorandum for Assistant Attorney General, Land and Natural Resources Division, June 16, 1982 at 48.
^ Congress apparently has spoken directly to instream water levels in other statues. In United States v. New Mexico, supra, at 710, the Supreme Court stated:
When it was Congress' intent to maintain minimum instream flows within the confines of a national forest, it expressly so directed, as it did in the case of the Lake Superior National Forest: In order to preserve the shore lines, rapids, waterfalls, beaches and other natural features of the region in an unmodified state of nature, no further alteration of the natural water level of any lake or stream ... shall be authorized. 16 U.S.C. 577b (1976 ed.).
- ^ H.Rept. 90-16 at 13 (1968).
- ^ 114 Cong. Rec. 26594 (1968).
- ^ Id.
^ As set out in H.Rept. 90-1623, supra, at 19, the Departmental version read:
(f) The designation of any stream or portion thereof as a national scenic river area in accordance with the provisions of this Act shall have the effect of reserving, subject to rights vested under either State or Federal law at the time of such designation which are compensable under the next following sentence, the waters of such stream for the purposes of this Act, but in quantities no greater than necessary to accomplish such purposes. Any taking by the United States, under the provisions of this Act, of a water right that is vested under State or Federal law, that is beneficially used at the time a national scenic river area is established, and that prior to the date of this Act, would have been compensable if taken or interfered with by the United States for purposes not related to the exercise of the commerce power, shall entitle the owner of such right to just compensation.
- ^ H.Rept. 90-1917 (1968).
- ^ S.Rept. 90-491 at 5 (1967).
- ^ 113 Cong. Rec. 21747 (1967).
- ^ 112 Cong. Rec. 419 (1966).
- ^112 Cong. Rec. 431 (1966).
- ^112 Cong. Rec. 403, 433 (January 17, 1966)
- ^112 Cong. Rec. 430 (1966).
- ^112 Cong. Rec. 431 (1966).
^112 Cong, Rec. 488 (1966). The analysis of the Department stated:
1. The amendment assumes erroneously that under the terms of the bill the Secretary of the Interior or the Secretary of Agriculture is required to take some affirmative action in order to reserve water for the purposes of the act. The bill neither requires nor permits the Secretary to take such action. The enactment of the bill is itself a reservation of the water needed to carry out its purposes.
2. The amendment assumes that a water right could be perfected under State law for the purposes of the wild rivers program. In fact, however, State laws do not provide for the appropriation of water for the purpose of maintaining the natural flow of a stream. It would therefore normally not be possible to comply with State law, and the amendment would defeat the purpose of the Federal legislation.
3. It is settled law that Federal legislation authorizing Federal lands to be used for a particular purpose reserves sufficient unappropriated water flowing through the Federal lands to accomplish that purpose. This reservation does not affect prior valid rights under State law, but it does establish a priority that is good against subsequent appropriators. This principle of law is recognized and applied by section 5(h) of the bill which provides:
Designation of any stream or portion thereof shall not be construed as a reservation of the waters of such stream for purposes other than those specified in this act, or in quantities greater than necessary to accomplish these purposes.
The amendment would reverse this established principle of law by requiring the Secretary to acquire an appropriation right under State law to carry out the Federal program — a requirement with which it would probably be impossible to comply.
4. One of the major premises of the wild rivers bill, as stated in section 5(d) is that "the jurisdiction of the States and the United States over waters of any stream included in a wild river area shall be determined by established principles of law." The amendment is inconsistent with this premise and purports to write new water law. The wild rivers bill is not an appropriate vehicle for undertaking a major revision of Federal-State water jurisdiction. The wild rivers bill maintains the status quo with respect to water law, and we believe that such action is highly desirable. It would be a mistake, in our judgment, to imperil the wild rivers program by injecting a new and highly controversial change in established water law.
- ^ Potlatch Corp. v. United States, 134 Idaho 912, 914, 12 P. 3d 1256, 1258 (Idaho 2000).
- ^ The Rivers, Trails, and Conservation Assistance Program of the National Park Service maintains information on state-nominated rivers and conducts reviews of state applications and § 7 studies of the possible adverse impacts of proposed water resources projects on such rivers.
- ^ Circumstances may arise in which the United States may be obliged to rely on the federal reserved right, as in a general water adjudication or to carry out the federal purposes if no other means are available.
- ^ A Compendium of Questions and Answers Relating to Wild and Scenic Rivers, Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council, Revised January 1999, at 48-52.
- ^ In some circumstances, such as a general water adjudication, the United States may have to claim whatever federal reserved rights exist in order not to have that option precluded by a final judgment that omits them.
Note: The first version of this article was drawn from The Wild and Scenic Rivers Act and Federal Water Rights by Kristina Alexander, Congressional Research Service, March 7, 2007.
Disclaimer: This article is taken wholly from, or contains information that was originally published by, the Congressional Research Service. Topic editors and authors for the Encyclopedia of Earth may have edited its content or added new information. The use of information from the Congressional Research Service should not be construed as support for or endorsement by that organization for any new information added by EoE personnel, or for any editing of the original content.


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Thanks-But-No-Thanks LeBron James has rattled the NBA cage again by leaving the Eastern Conference Dynasty, the Miami Heat, and the warm ocean waters of South Beach to return to Cleveland, where it all started for him nine years ago. Four years in a row the Miami Heat were in the NBA Finals, knocking at the door of an NBA title. Two NBA titles, two NBA MVPs, and two NBA Finals MVPs were not enough to keep James in Miami. The bigger story for me is this: James is signing for just two years! I'm missing something here. Continue Reading →
Bill Russell
Recent Articles
Congratulations Kevin Ollie!
Congratulations University of Connecticut!
Kevin Ollie's UConn (University of Connecticut) basketball team was crowned national champion Monday, April 7. They beat the University of Kentucky, 60-54. And how very special: UConn women won, too. This is only the second time in history that both the men's and women's Division I basketball titles won during the same year by same school. Continue Reading →
Filed under: Editorial, 89.9, 89.9 FM, 89.9 KMOJ, african american news, african american newspaper, African Americans, Bill Russell
The Heat is on — 66-16-REPEAT?
LeBron James will be the NBA's Most Valuable Player — that is no secret. It might be unanimous! James averaged 27.0 points, eight rebounds and seven assists per game. And his team, the Miami Heat, are the defending NBA Champions. And with the NBA playoffs underway as of April 20, the Heat are heavy favorites to reach the Finals for the third straight year. Continue Reading →
Filed under: Sports, 89.9, 89.9 FM, 89.9 KMOJ, african american news, african american newspaper, African Americans, Bill Russell
Game of Change: Racial integration of basketball didn't end discrimination
By Charles Hallman
Staff Writer
Last Friday marked the 50th anniversary of the Loyola (Chicago)-Mississippi State NCAA regional semi-finals game played at Jenison Field House in East Lansing, Mich. on March 15, 1963. This week, "Sports Odds and Ends" features an "Another View" column originally published in the MSR April 30, 2009 edition on the contest called the "Game of Change."
Many believe that the 1966 Texas Western men's basketball team with five Black starters, who defeated an all-White Kentucky squad for that year's national title, cemented integration in college sports. But actually, a game played three years earlier poured the final mixture, so to speak. An all-White Mississippi State team played Loyola, with four Black starters, in the1963 NCAA Mideast Regional in East Lansing, Michigan. Continue Reading →
Filed under: Sports, 89.9, 89.9 FM, 89.9 KMOJ, african american news, african american newspaper, African Americans, Bill Russell
Kentucky wins men's championship 67-59
It's been a long time coming, but the Wildcats of Kentucky have quenched their thirst for a title. John Calipari in just his third year wins his first NCAA Championship 67-59 over the Kansas Jayhawks before 70,000 in New Orleans. Man, can Calipari recruit: Previously at Memphis he recruited NBA MVP Derrick Rose, who after leading Memphis to the NCAA Championship game was drafted number one in the NBA by the Chicago Bulls. Kentucky finished 38-2, losing to only Indiana and Vanderbilt during the season as they navigated the NCAA field of 72 teams to stand alone number one. It's the eighth time that Kentucky has won the NCAA Men's crown, their first since 1998 when Gophers coach Tubby Smith won it last in the Bluegrass State. Continue Reading →


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Our Opinion: United Way campaign passes midway point
Thursday, October 11, 2012
The area United Way campaign has passed the halfway mark — in more ways than one.
The annual fundraising effort for the United Way of Central Missouri recently posted donations of nearly $1.1 million toward its goal of $1.65 million.
But the campaign also is beyond the midway point as the scheduled Nov. 8 Victory Celebration nears.
Money collected during the campaign will be distributed to 25 member agencies and programs that offer health and human services.
Ann Bax, president of the area United Way, paused between informational presentations at area businesses to share some thoughts on this year's effort.
The Pacesetters, businesses that conducted early employee campaigns, provided what Bax called a "great start" by raising more than $816,000, or 49 percent of the goal, before the campaign's official start.
Since the kick-off event, staff and volunteers have held about 120 meetings with employees at the workplace. Bax described the community meetings as opportunities "to thank the employees for their past support, and to educate and inform them about the services provided" by United Way partners.
She said the meetings are continuing and the positive feedback has been encouraging.
Nevertheless, she concedes a lot of work remains before the campaign ends.
We share her characterization of the campaign as "cautiously optimistic."
This year's goal is ambitious, but the campaign momentum remains strong and the community traditionally responds generously.
In a story published Monday, campaign Co-Chairman Lori Massman said the goal will not be attained "by a few big dollar donations, but by everyone — one person at a time and $1 at a time — in a grassroots effort."
And there's still time.
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Okay, so I have a Friday full of dramas, Wattsy takes the drama cake and every team in the farken Tour just let Landis go off the front.
Now, I'm not a genius and the guy was 8mins in arears, BUT that was a MAJOR cock-up, even I can see that.
When the telecast started and they said Landis is off the front, I thought "Cool, Sastre, Kloden, Dodger, Evans and maybe Menchov and Chicken and whoever must be with him, cool"
But NOOOOOOO, they let him go off alone.
Stupid gamble, too many indians, not enough chiefs as far as I'm concerned. Never underestimate a freaky guy from bumfück Pennsylvania or wherever. With the power of Jesus, you never know what can happen.


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Nabeel Bin Salamah
Zain's new CEO certainly has a full in-tray, given Bharti Airtel's $9bn offer for the telco's African assets. At times like this, it pays to be well-connected.
February 20, 2010 11:09 by kippreport
Nabeel Bin Salamah was appointed CEO of the Kuwaiti telecoms company Zain just five days ago – but he already has a lot in his 'in tray'.
The Kuwaiti replaces Saad al Barrak, who resigned amid uncertainty over a $13.7 billion stake sale to a consortium of Asian investors.
And now there is a $9 billion bid on the table from Bharti Airtel, the Indian operator which has offered to buy most of Zain's African mobile-phone operations.
Luckily, Bin Salama is well connected. He previously served as Kuwait's minister of communications, electricity and water, following several years in the public sector. He also worked as the GM of another mobile operator in 1997.
Sources close to the company say that the new CEO will be less focused on expansion than al-Barrak, who is credited with leading the company into more than 20 new markets in the MENA region.
Other commentators point out that the Kuwaiti government, weighed by the bank guarantees it gave during the financial crisis, is currently looking to raise cash. Bin Salamah, a former member of the cabinet, doubtlessly has a view on the part Zain could play in this.
Click 'next' to see Bin Salamah's network.
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Milo Manara, the well-known illustrator of adult graphic novels, began his career working on "fumetti", the cheap illustrated paperbacks popular in 1950-60s Italy. In 1976, his career took off after his work for the illustrated magazine Pilote. He also became known for his work designing posters for the films of _Federico Fellini_. The two later ... See full bio »
Born:in Luson, Trentino-Alto Adige, Italy
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Suggestions for completing the math requirement for the major
- Begin taking math in your first semester, and continue taking math in subsequent semesters until you have completed at least one semester of calculus.
- If you are a freshman, you will take a math placement test before your first college semester, and the results of that test determine the first math course you should take at Rutgers. Some students test into a remedial (non-credit) math course (either 640:041 or 640:042), some students test into the next level math course which is a pre-calculus course (640:113 or 640:115), and still others test into the highest level math course which is a calculus course (640:121 or 640:130).
- If you are a transfer student, most likely you have already taken a college math course. By checking your evaluation of transfer credits (which you will receive from Rutgers via email) you can determine the Rutgers equivalent of your previous math course and can thus take the next course in the sequence. For example, if you have already taken a pre-calculus course (some colleges call it college algebra), you will be ready for calculus.
- Biology majors can choose which calculus course to take.
- If you have a strong interest and aptitude in math you can choose to take the higher-level math sequence, which is Precalculus College Math (640:115) followed by Unified Calculus I (640:121). For your information, Unified Calculus I is the prerequisite for Unified Calculus II (640:122) should you wish to further your education in this area.
- Alternatively, you can choose to take the lower-level math sequence, which is Precalculus for Business, Economics, and Biology (640:113) followed by Calculus for Business, Economics, and Life Sciences (640:130). Be aware that this sequence will not enable you to take upper-level calculus courses.
- You should bear in mind two factors when deciding which calculus course to take. 1) The higher-level calculus course (640:121) looks impressive on your transcript when it comes time to apply to graduate school, medical school, or any other professional school. 2) However, be honest with yourself concerning your math aptitude, and consider whether it would be better to take the lower-level calculus course (640:130) and do well instead of taking the higher-level calculus course and do poorly.
Suggestions for completing the chemistry requirements for the major
Freshmen should plan on taking Chemical Principles in either their freshman or sophomore years. Several factors affect this scheduling:
- You should not take Chemical Principles I until you have fulfilled any math deficiency and are concurrently taking either a pre-calculus course or a calculus course. Chemical Principles I involves considerable problem solving, and you should make sure you have the necessary math skills before registering. In addition, as mentioned above, the catalog description for Chemical Principles indicates that calculus must be taken no later than concurrently with Chemical Principles I.
- Many freshmen find it difficult to take General Biology I & II and also Chemical Principles I & II during their freshman year while they are trying to adjust to college. Therefore, one strategy to protect one's transcript is to take General Biology during one's freshman year and Chemical Principles during the sophomore year.
Be aware that two biology electives (Molecular Biology and General Physiology) require Organic Chemistry. Consequently, delaying Chemical Principles means that you will delay Organic Chemistry and thus you will delay taking Molecular Biology and General Physiology. It is for this reason that you are urged to take Chemical Principles no later than your sophomore year to increase the chances of graduating in four years with the courses that suit your plans.
Taking chemistry or physics during one or more summers is an option for helping you graduate according to your plan. As mentioned above, if you delay taking Chemical Principles you run the risk of adding an additional year to your college career. Or it may mean that you will end up taking a heavy load of biology, chemistry, and physics courses during your senior year. Because Chemical Principles I & II, Organic Chemistry I & II, and General Physics I & II have traditionally been offered during the summer, you may wish to use one or more summers to take some of those courses in order to reduce the pressure during the academic year. However, note that these demanding courses are offered in a four-week period in the summer, meaning that you can expect an intensive experience.
Suggestions for completing the physics requirement for the major
- The Physics Department recommends that you take a pre-calculus (or college algebra) course prior to General Physics I. Even though the catalog and Schedule of Classes list no prerequisite for General Physics, the Physics Department urges students certainly to resolve any math deficiency and ideally to take a pre-calculus course before enrolling in General Physics.
- Students who prefer to take a calculus-based physics course instead of General Physics may substitute Elements of Physics I & II (750:131-132) & Labs (750: 133-134). Be aware that Unified Calculus I & II must be taken concurrently with Elements of Physics.
- Ideally, take General Physics prior to, or concurrently with, General Physiology. Certain topics in General Physiology will be easier to understand if you have had, or are currently taking, physics.
Suggestions for completing the biology requirement for the major
- To minimize the chance of scheduling conflicts in your senior year, try to complete as many core requirements sooner rather than later. Because most undergraduate biology courses do not require chemistry, once you complete General Biology I & II you will be eligible to take many biology electives. This will free up your schedule in your junior or senior year when you will have had sufficient chemistry to take Molecular Biology and General Physiology.
- Try to plan your schedule so that you take General Physiology concurrently with Organic Chemistry II. Not only is this a good match of courses, but it means you will take General Physiology before you take Molecular Biology – which is another good strategy. If you follow this plan, consider taking General Physics concurrently with Organic Chemistry because this will provide a helpful background for General Physiology in the Spring semester.
- Biology majors are able to take two semesters of Special Problems in Biology (120:491, 492) to fulfill two of the four biology electives. Special Problems in Biology is an independent study course in which you work in the lab of a faculty member of your choice. In the majority of cases, a student contacts a faculty member with whom he or she has taken an upper-level course and asks if it would be possible to work in that faculty member's lab on a research project. The faculty member may or may not be taking on Special Problems students that semester, and if so, he/she may require that you have had certain courses, have particular skills, and/or be willing to accept the requirements for the particular project. These courses are listed as "By arrangement" (BA) because if the faculty member agrees to have you work in the lab, then you and the faculty member agree on the number of credits, (the rule of thumb is for every credit for which you register, you should spend an average of 3 hours per week in the lab), the hours which you are available to work, and the nature of the outcome (e.g., a paper, a lab report, or simply your ability to try your best in the arranged time).
- Some biology graduate courses (500 level) may be taken as electives by advanced undergraduate students provided they have a minimum grade-point average of 3.0, have completed the necessary prerequisites, and have the permission of the instructor. Such courses can be used to fulfill as many of the biology electives as you wish.


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April 30, 2016
June 2, 2011 -
On June 1st, 2011 at approximately 8:34pm, Officers with the Marianna Police Department conducted a traffic stop on Penn Avenue under the Interstate 10 overpass. The traffic stop was made on a blue in color, Chevrolet S10, for the traffic infraction of failing to maintain a single lane of travel. Upon further investigation of the traffic stop, Officers obtain consent to search the vehicle from the driver. The passenger of the vehicle, Tommy Darrell Hill, was asked to step out of the vehicle for the purpose of conducting a search. When Hill exited the vehicle, Officers discovered Hill to be in possession of approximately 1.2 grams of powder cocaine. Hill was placed under arrest for Possession of a Controlled Substance (Cocaine) and transported to the Marianna Police Department for processing. Hill was later transported to the Jackson County Correctional Facility to await first appearance.
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Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or firstname.lastname@example.com.


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Home Opinion Editorials Hiding test results behind privacy curtain
Hiding test results behind privacy curtain
In the decade since President George W. Bush signed the No Child Left Behind Act, schools across the nation have amassed reams of results from the standardized tests that the federal law requires.
Education officials emphasize how important it is that schools make those results readily accessible to the public.
Susan Castillo, Oregon's superintendent of public instruction, made just that point during an interview with the Baker City Herald's editorial board a couple weeks ago.
Castillo's department makes available through its website the test results from every public school in Oregon.
Castillo describes this as "transparency."
But the view seems rather murky to us.
The lack of clarity is due to the inherent nature of statistics.
We know, for instance, that almost 73 percent of Baker Middle School students met the new, tougher standards for the math test during the 2010-11 year. That exceeds the 70 percent goal in the law.
Yet that 73 percent figure is the average for 272 students.
The reports reveal nothing about how any of those students performed individually.
Which leaves the public to wonder whether most students scored close to the 73-percent average, or whether one small percentage of students did much better and another, similarly sized group fared much worse (were "left behind," to borrow from the former president).
Obviously those two scenarios indicate vastly different levels of success at the school, even though the end result — a 73-percent average — could be identical.
The potential obstacle to making test results truly transparent is, of course, the issue of students' privacy.
A federal law protects students' personal information. We agree with that.
But so long as students are listed by number rather than by name, there's no reason that individual test results can't be disclosed without infringing on students' privacy.
The Herald, in researching allegations of cheating on tests at the Middle School during 2009 and 2010, recently asked the state Department of Education to supply individual test results for all students for those years, with their names redacted.
State officials denied our request, citing privacy.
We'll continue to seek those results, and for two main reasons.
First, without the ability to compare the test scores of all students, it's difficult for us, or anyone, to put into context the seemingly anomalous results from a handful of the 30 or so BMS students whose scores the Herald has obtained.
Second, and more important, those comprehensive results allow the public, whose tax dollars pay for schools, to truly gauge the progress of all students in the federally required assessment tests.
Full disclosure, with students' names withheld to protect their identity, is the only way to ensure that neither the achievements of the top-scoring students, nor the difficulties of their classmates who struggle, will remain hidden behind the curtain of statistical averages.


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Down 45,812 this week
Laurence Llewelyn-Bowen
Laurence's personal charisma and ability to inspire people to express themselves have established him as the UK's favourite and most easily identifiable interior designer. His credits include 'House of the Year 3' for BBC Northern Ireland, 'Auction Party' and 'House Gift' on ITV1, 'Hidden Houses of Wales 2' on BBC Wales and 'Hidden Paintings of the... See full bio »
Born:in England, UK
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text: Jerry McRae wrote: > 2) Ye Olde / vs \ issue. > > Findings: > a. The cd command, being a Magic command, seems to always work, as > long as I use the default directory character which is /. > Autocomplete adds /, but converts it correctly. 'cd -', 'cd -b > name', and 'cd -n' formats all work. > b. It looks like everywhere that saves path names, the correct > os.sep (\) is being used. (dhist, bookmark -l, and dirs). > c. pushd: only works with / > d. popd: *** does not work. For some reason it seems to be removing > ALL the \ characters before attempt to change directories. Like > I mentioned, cd -n, and cd -b name all correctly retrieve and > handle this. > e. any other (non-cd or pushd) commands, if you change the first > delimiter to be \ instead of /, then the autocomplete will work. > You still have to remove the final \. I believe this is > documented. > ------ > f. 2c is a bug. > g. I think that if the autocomplete would ALWAYS use os.sep, > instead of / (and modify the cd and pushd commands to use os.sep > also), then the frustration would be gone. > h. in the Windows prompt one can set an alternate key for showing > ONLY the directory names possible for autocomplete. This would > be VERY useful. Currently one can press ^L, but that usually > shows only the Python variables. Just an idea. A keystroke to > show only the folder or file names possible for autocomplete > would be cool. Related, if I have a string with folder > separators in it, then the TAB show only show files and folders. > i. and because I'm thinking of it, I see no reason why autocomplete > should be turned off inside of quotes. I use this all the type > in PythonWin when I want to process a folder path, or recall a > variable name in quotes. I can sympathize with your desire for a perfectly working directory management system, but in the past, it has proven more or less impossible to get code which works 100% reliably in win32, when you combine the vagaries of filenames with whitespace in them, with \ as an escape character and as a path delimiter. Ville Vainio put a lot of time into writing patches for the path completion code which would work OK under win32; since I can't test win32 myself, I am very reluctant to touch that code and break Ville's work. If win32 users can modify that code to fix the remaining annoyances, and test things out by themselves, I'll be more than happy to incorporate the changes. I trust Ville's knowledge of ipython's internals and of win32, so if you want to work with him (and if he's interested, of course), any patches he vets are OK with me. If Ville can't work on this, I can always put out a test release so other win32 users can test things before the code becomes official. I'm sorry not to offer anything better, but the \/ problem in windows is just a nightmare, and mercifully I can cop out by not having a win32 machine to test on. But again, if patches that fix this get sent, as long as the win32 user base has tested them well, I'll be happy to include them. Note that I think, re. 2g, that Ville specifically did NOT use os.sep always for reasons I forget. But I'm almost sure it wasn't accidental. And 2i has been fixed in the .15 release, as long as your ipythonrc file has this (note: no quote characters in there!): readline_remove_delims -/~ Cheers, f ps - I'll look into the pushd/popd problems, as those look like genuine ipython bugs. Thanks for the report.


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May 5, 2016
Construction work will shut down a few local bridges beginning Tuesday.
DOT crews will be working to replace the two bridges over Middle Swamp near Winterville starting Tuesday.
A section of Darden Farm Road will be closed in both Greene and Pitt Counties as crews begin repairing.
Drivers should follow the posted detour of U.S. 13, Holloman Farm Road and Willow Green Road to avoid the closure.
Construction crews expect to have the road back to normal by October.
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Using column for both vodka and gin
Posted 21 April 2012 - 08:37 AM
Posted 21 April 2012 - 09:15 AM
I would suggest removing the packing before running gin, it will be much easier to clean.
Posted 21 April 2012 - 12:57 PM
Is it common practice to use the same column for both vodka and gin?
Posted 21 April 2012 - 01:37 PM
Posted 21 April 2012 - 01:57 PM
juniper oils linger and can ruin your whiskey or vodka.
Posted 21 April 2012 - 02:59 PM
Posted 22 April 2012 - 03:42 PM
the oil from the botanicals will will coat your packing and be very difficult to clean.
I would suggest removing the packing before running gin, it will be much easier to clean.
In addition to Steve's point, the packing will also strip much of the flavor out that your are trying to get from the botanicals. If you had a plate system, you would probably bypass them. But if you have packing, just remove it.
Posted 23 April 2012 - 07:13 PM
I have another related question. From what I have read, it is common practice to dilute 190 proof GNS down to 90-100 roof when charging the still for gin production (reistilled gin). Why not charge the still at full strength - 190 proof?
Posted 26 April 2012 - 11:57 AM
The best thing I ever did when researching gin was to distill every herb of interest in a 10 L baby still to get a sense of their character as well as any spirit variations of interest (proof or substrate). It really helps to understand each actor's part in the whole production. A 1-4 L run takes me around an hour total. Lots of information and very little waste.
Posted 27 April 2012 - 04:59 PM
I was just looking at investing in a benchtop still. It sounds like time and money well spent. Thanks for your help!
Posted 13 November 2013 - 10:04 AM
Anyone willing to share?
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million moments -photo viewer
by Sony Digital Network Applications, Inc.
Download this app if: you want to showcase your photographs.
Advisor Review
Million Moments is a beautiful way to showcase your photos — As our mobile phones become an extension of our personal lives, it's only natural that we use them to share and view photos. While Android's own gallery does a fine job, Sony's Million Moments aims to showcase your personal photographs with flair. While Million Moments is certainly beautiful, it...
Developer Notes
*** million moments has achieved one "million" downloads at Google Play market! ***
Pictures pile up on your smartphone. Don't let your cherished memories languish in a forgotten corner of your phone. Bring them alive with million moments, a photo viewing and sharing application that lets you...
Pretty — It's interesting to see Sony getting into the photo album app game, but they've done a good job with this one. Would be nice to see some tablet compatibility, however.


text:
May 2, 2016
Associated Press Release
COVINGTON, Ga. (AP) -- Animal control officials say two Georgia elementary students were bitten by a fox while they were on a school playground.
Newton County Animal Control Director Teri Key-Hoosen says the fox came onto the playground at Rocky Plains Elementary School in Covington on Wednesday and bit two 6-year-old boys.
The children were first treated by a nurse and were then taken by their parents to the Newton County Medical Center. Key-Hoosen tells WSB-TV the boys were undergoing precautionary rabies treatments.
Newton County schools spokeswoman Sherri Davis Viniard says about 50 kindergartners were on the playground at the time of the attack and a teacher was able to kick the fox to get the animals off of the students.
All outdoor activities were cancelled at the school about 35 miles southwest of downtown Atlanta.
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Brand RAYSOON Model L-V6 Quantity 1 Color Black + blue Material Aluminum alloy Functions Blue light fishing flashlight: 3W, 180lm, 2-mode (Hi / Lo); Daily life water
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Excellent pedals, excellent value
By Dave
from Portland, ME
About Me Avid Cyclist
Comments about Shimano Ultegra PD-6800 Road Pedals:
Great value.
Bottom Line Yes, I would recommend this to a friend
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Excellent Value
By Huff
from Green, Ohio
See all my reviews
I got these Ultrega 6800 for my new Mekk Carbon road bike. It came in a very nice box, individually wrapped. I had a little bit of a problem tightening them to the required torque however, the pedals are solid, very light weight. I didn't need to make any adjustments for the release mechanism. They are relatively very easy to snap in and easy to release your cleat shoes. I didn't have any problems during my first few run. They hold on very nice. I highly recommend these for entry level- mid level road bike use. They are made in Japan.
Awesome Pedals. I would buy them again
By RoGutz
from La Feria Tx
I use these pedals on my trek emonda sl6. They're light weighy,durable, and sleek. There's nothing bad to say about them. Get'em!
Great pedals on sale + coupon
By Dave W
from The Colony, TX.
About Me Casual/ Recreational
Very nice upgrade from my Forte' pedals as I finally upgraded my bicycle to a Trek Carbon ride that has Ultegra controls and derailleurs. Pedals are lite and smooth and are very comfortable over my long (getting longer) rides.
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By 'J'
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Pro: The amount of float can be changed by using different cleats (yellow vs blue vs red)Con: When I walk by bike across my backyard to get to a maintained bike trail, the cleats easily get clogged with any snow that is still on the grass. Cleat covers have to be used to cover this short distance.
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Easy ordering, quick shipping, and great customer service.I've used these pedals before, and came back for another pair for my new bike. Keep up the great service.
I would buy this product again
By bikeman1
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Excellent pedal system. Large, stable platform and really lite weight for its size. Does require some clicking in and out to help the release; it is kind-of stout compared to the 105 version. However, a very nice system.
I've bought them before and I'd do it again
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I've used Shimano pedals for a long time and they work great.
Quality pedals
By 2ski4fun
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I bought these pedals to replace an aging set of Dura Ace SPD-R pedals. They are comparatively lighter, with a nice wide playform, very similar to an old pair of Look Carbon ARCs I had years ago. The engagement is the same as most Look style pedals but with far less float than the SPD-R pedals. Overall a very good road pedal with minimal weight, and easy engagement.
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text:
Governor Christie will visit the Seaside Heights Fire Department tomorrow to lay out new standards for rebuilding in the aftermath of superstorm Sandy.
Christie plans to hold a news conference at 3 p.m.
He said on his monthly "Ask the Governor" radio show Wednesday night that he expected to release the state's new rebuilding standards by the end of the week. Those standards, setting requirements for structures rebuilt after superstorm Sandy, are intended to give homeowners greater certainty when deciding whether or how to rebuild. New federal requirements will not be released for another 18 to 24 months, Christie said.
At his 100th town hall-style event in Stafford last week, he said he was crafting the new regulations himself.
"My goal is to try to give you the most aggressive protective standards I can give you," he said in Stafford. "If they decide to lower them later on, then you'll benefit from that in your flood insurance premiums because you'll be built to a higher standard, the federal standard will be a little bit lower and then your flood insurance premiums will go down."
He said he doesn't want people rebuilding based on old standards because as the flood maps change, insurance premiums would go up.


text:
The Power of Independent Thinking
Stephen P. Halbrook on KNUS's Peter Boyles Show
Recorded: Tuesday, December 17, 2013
Research Fellow Stephen P. Halbrook, author of Gun Control in the Third Reich, appeared on The Peter Boyles radio show on KNUS in Colorado. Halbrook, who is also a Second Amendment attorney speaks of the history of liberty in this country compared to Europe in the 1930s. The author provides historical perspective on the events leading up to the confiscation of guns from German Jews and other so called "Enemies of the State."
Experts: Stephen P. HalbrookType: RadioIssues: Civil Liberties/ Human Rights, Culture/ Society, Government Power, Gun Control, History (International), Law Enforcement
Benjamin Powell Discusses Government Shutdown on Stossel
Recorded: Thursday, October 3, 2013
Senior Fellow Benjamin Powell discusses the partial Government shutdown on the Fox Business Channels Stossel show.
Experts: Benjamin W. PowellType: TelevisionIssues: Bureaucracy and Government, Economic Policy, Fiscal Policy/Debt, Political Ideology and Philosophy
Ivan Eland Discusses Snowdens Temporary Asylum in Russia
Recorded: Friday, August 2, 2013
Senior Fellow Ivan Eland discusses USRussia relations and Edward Snowden, the NSA whistle blower on CCTV's "BizAsia America" show.
Experts: Ivan ElandType: TelevisionIssues: Civil Liberties/ Human Rights, Defense and Foreign Policy, Freedom, Law Enforcement, Politics
Alvaro Vargas Llosa on the John Carlson Show
Recorded: Friday, June 21, 2013
Senior Fellow Alvaro Vargas Llosa, author of Global Crossings is interviewed by John Carlson of KVI-am 570 in Seattle, WA.
Experts: Alvaro Vargas LlosaType: RadioIssues: Culture/ Society, Economic History and Development (U.S.), Economic Policy, Immigration, Labor and Employment, Law Enforcement, Political Ideology and Philosophy
Alvaro Vargas Llosa on the Jim Bohannon Show
Recorded: Wednesday, June 19, 2013
Senior Fellow Alvaro Vargas Llosa, author of Global Crossings discusses aspects of his new book with Jim Bohannon.
Experts: Alvaro Vargas LlosaType: RadioIssues: Culture/ Society, Economic Policy, Immigration, Labor and Employment, Law Enforcement, Political Ideology and Philosophy
John Goodman on the Costs of Obamacare
Recorded: Thursday, May 30, 2013
Research Fellow John C. Goodman, author of Priceless: Curing the Healthcare Crisis, on CNBC's "The Kudlow Report" discussing Obamacare's promised cost savings and the reality that millions will pay more for health insurance.
Experts: John C. GoodmanType: TelevisionIssues: Economic Policy, Fiscal Policy/Debt, Free Market Economics, Health Care, Public Health/ Consumer Protection
The Challenge of Liberty Summer Seminar is BackWill You Be There?
Recorded: Tuesday, May 14, 2013
Anthony Gregory, Research Fellow, Student Programs Director, and author of The Power of Habeas Corpus in America: From the Kings Prerogative to the War on Terror, gives a behind the scenes look at the exciting opportunities available to students at The Challenge of Liberty Seminar this summer.
Experts: Anthony GregoryType: TelevisionIssues: Defense and Foreign Policy, Economic History and Development (International), Economic History and Development (U.S.), Economic Policy, Education, Fiscal Policy/Debt, Free Market Economics, Political Ideology and Philosophy
Anthony Gregory Discusses Habeas Corpus on the Ernie Brown Show
Recorded: Thursday, May 2, 2013
Anthony Gregory, Research Fellow and author of The Power of Habeas Corpus in America: From the Kings Prerogative to the War on Terror, appeared on America's Radio News Network on Thursday, May 2 with host Ernie Brown. They talk about Anthony's new book, the history of the writ of Habeas Corpus, and how it is still relevant today.
Type: RadioIssues: Civil Liberties/ Human Rights, Criminal Justice/ Prisons, Law Enforcement, Terrorism and National Crises


text:
The Great Terms
Undoubtedly, one element in Story's decision to stay on the bench was set out in a couplet by Charles Sumner:
The Law School is doing wellAll goes as merry as a wedding bell.1
And thanks to the Justice, the law school was not only doing well but flourishing. Enrollments were high and its national reputation was growing apace; it was both setting the model for American legal education and raising up a new breed of lawyers. He had now been engaged in his professorship for almost a decade. The enrollment had climbed to sixty, and a substantial addition was in prospect. The luster of his name attracted a national student body. His enthusiasm, which tempered the harsh discipline and abolished the "written" (i.e., read) lecture, galvanized the entire institution. And its success was due in large measure to the fact that its environment and operation both reflected and influenced Story's work, giving it a final dimension and enabling the threefold role of judge, writer, and teacher to merge in the total influence he____________________


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The first lecture of the series!
Speaker: Prof. Martyn Poliakoff CBE FRS
Modern society relies on the products of the chemical industry but current methods of production are becoming increasingly less sustainable. This talk will outline how chemists are responding to the challenge and describe how Nottingham chemists are beginning to take these ideas to Africa. The talk ends, somewhat provocatively, with a suggestion of what the role of government should be in this area.


text:
ParaCel™ is Avedro's trans-epithelial riboflavin specifically formulated for direct application on the intact epithelium. Used in conjunction with VibeX Xtra™, ParaCel's higher concentration of riboflavin and proprietary formulation allow for the fastest penetration and diffusion into the corneal stroma.
Intact epithelium diminishes the effects of cross-linking when low-powered UVA devices are used. Only Avedro's KXL® System offers 45 mW/cm2 of power for effective, Accelerated Cross-Linking through the intact epithelium using ParaCel.
Technical Information
- Formulation
0.25% Riboflavin, HPMC, BAC
- Procedure
Accelerated Cross-Linking for keratoconus & corneal ectasia
- Application
Avedro's cross-linking systems and family of riboflavin products are not for sale in the US. MA-00309A


text:
May 5, 2016
ORLANDO, Fla. (AP) -- Tiger Woods finally brought the buzz back to the very thing that made him famous -- winning.
Two weeks after another injury scare, and two days before his former coach's book goes on sale, Woods looked dominant as ever Sunday in the Arnold Palmer Invitational.
It was his first PGA Tour victory since a sex scandal at the end of 2009 led to one of the greatest downfalls in sports. And with the Masters only two weeks away, Woods looks more capable of ever than resuming his pursuit of Jack Nicklaus in the majors.
Woods closed with a 2-under 70 for a five-shot win over Graeme McDowell.
The question two weeks ago was when he could play again. Now, it's whether he can rule the sport like he once did.
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Set in 42 acres of rolling farmland, this delightful farmhouse provides a friendly and informal atmosphere. The smart, rustic-style bedrooms are well equipped with modern facilities, and imaginative a...More about Newhouse Farm
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About Burke Chair
Burke Chair in Strategy
- About Burke Chair
- About Dr. Anthony H. Cordesman
- Afghanistan
- Arab-Israeli Conflict
- Asia
- Defense Budget
- Energy and Security
- Europe and NATO
- Iran
- Iraq and the Islamic State of Iraq and the Levant
- Lessons of War
- Levant
- Military Balance
- Saudi Arabia, the GCC, and the Gulf
- Syria
- Terrorism and Counterinsurgency
- U.S. and Iranian Strategic Competition
- U.S. Strategic and Defense Efforts
About Burke Chair
The Arleigh A. Burke Chair in Strategy was established and endowed in honor of CSIS's first director and cofounder, Admiral Arleigh A. Burke. The chair honors one of the United States' greatest naval officers for his service during World War II, his role as a peacemaker during the Korean conflict, his inspired leadership as chief of naval operations, and for his unflagging commitment to CSIS since its founding in 1962.
Held by Anthony H. Cordesman, the Burke Chair is one of the premier sources for analysis of key strategic challenges facing the United States and the world. Efforts include Middle East issues, U.S. national security, lessons of war analysis, the global military balance, asymmetric warfare, and global energy security.
Several books have been published in association with each of these projects and can be purchased online from the CSIS Press. In addition, Burke Chair projects often include the steady development of working documents and reports, which are revised on an ongoing basis, and updated frequently to the Web site. As a result, all of the material provided in this section should be regarded as working material that is subject to update. To provide suggestions or corrections to any material, please send your comments to the Office of the Arleigh A. Burke Chair in Strategy at firstname.lastname@example.com.


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PRLog - Jun 19, 2013 - LOS ANGELES, Calif. -- In February of 2012, Gene Korolev and his daughter Katherine Banyasz began working together on a custom piano project featuring the most advanced technology and use of new materials on a piano. They selected Steinway and Sons unique model A III for this challenging custom piano project.
This New York Serenade custom piano, a tribute to Swing years in America. A time of jazz big bands, glamour, dancing and Moonlight Serenade. One of the most unique features of this piano is 164,000 diamond cut cubic zirconia stones adorned on a piano case. With infinite amount of geometric and floral patterns, with nostalgic imagery of New York City's familiar places like Grand Central Station, The Cotton Club, Brooklyn Bridge, Central Park and of course Steinway Hall, all set in a glowing intertwined patterns of cubic zirconia. The lid shows the New York Skyline and a magical moon shining over the Hudson River and creating illusion with a majestic shade of blue soundboard and a deep blue metallic cast iron plate.
One of the most important innovations in this piano design is a trapwork made from aircraft aluminum with ball-bearings in rotating points of the moving mechanism. The friction and durability of this trapwork surpasses any existing trapwork on the market today.
This piano also comes with seamless installation for Live-Performance Model LX, a high resolution sound reproducing system, with sustain and shift proportional operating pedals. A complete wireless operation using iPad. The soundtrack also transmits wireless on a home theatre system or high-resolution sound system that enables this piano to produce the effect of a full symphony orchestra or a live jazz band entertaining.
The piano also features stainless steel agraffes for a perfect termination and purity of sound. It also includes stainless steel bass strings for clarity and durability as well as long lasting performance. The pinblock on this piano got unique drilling pattern to accommodate the angles of the harp. The piano has custom made hinges and hardware, as well as pedals. Regulating and pre-voicing is done by using a special device that help achieve precision and uniformity for that specific task. In addition, Gene Korolev invented a portable friction hinge for a slow-drop fallboard effect.
This project demanded a proper preparation, research and a strong technological background. "Our goal was to challenge ourselves and inspire others!", says Gene Korolev of Piano Solutions XXI.
View Video: http://youtu.be/v5puqhviA6w
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