Who owns the Yadkin River?

Last week the US Supreme Court heard arguments from Montana and PPL, a hydroelectric power producer regarding who owns the riverbeds on three Montana Rivers. According to US law, if a river is "navigable" it is owned by the State and should be held in Trust for the people of the State. If the river is not navigable, then it is owned by the federal government for the people of the United States. The case began as parents of school children in Montana got tired of budget cuts to schools, and noted that the State had not been charging millions in riverbed rent for several rivers over the past several decades. They sued the state claiming the State had not been managing its public trust responsibly because it had not been charging rent for the use of the public land.

As it turns out, this is a huge issue for North Carolina, because Alcoa Corporation is trying to get a new 50 year license from the Federal Energy Regulatory Commission to use the Yadkin River to produce power to sell on the open grid to benefit its global shareholders. No one has ever argued that the Yadkin River is not navigable, so it would appear that the Yadkin River is in fact, owned by the State of NC. Yet, Alcoa has claimed that they own the riverbed.

The State of NC is quite possibly owed millions by North Carolina for the use of the Yadkin River over the past nearly 100 years, yet the Governor is considering flip flopping on her promise to recapture the river for the people of North Carolina.

Here is the Governor last December 2010 at a press conference stating quite unequivocally that Alcoa should not get the license and that it would be a bad deal for the people of North Carolina:

www.youtube.com/watch?v=ZNK5VyLmAec&feature=related

Today we hear that she is on the verge of handing over the river to Alcoa for money. But Alcoa does not need the river - they don't have a need for manufacturing power as the smelter is closed. They only employ about 30 people in North Carolina. Their sole interest is in generating electricity to sell on the open grid for profit. They are not regulated as a utility in NC, so they can charge whatever they want.

If you think that a private corporation like Alcoa should not control the second largest river in North Carolina, please email, FB, twitter, or call the Governor TODAY to let her know how you feel. We are hearing that she may make a deal with Alcoa as early as tonight.

Phone: (800) 662-7952 or (919) 733-2391.
Email: governor.office@nc.gov
Or post on her Facebook page!