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Message

re: Gating canals in houma area

Posted on 1/25/16 at 4:05 pm to
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
84495 posts
Posted on 1/25/16 at 4:05 pm to
Posted by Mung
Ba’on Rooj
Member since Aug 2007
9075 posts
Posted on 1/25/16 at 4:16 pm to
quote:

who the frick uses "conclusory statement" in a sentence?


he's probably in the middle of a brief, bitching about some plaintiff lawyer.
Posted by Mung
Ba’on Rooj
Member since Aug 2007
9075 posts
Posted on 1/25/16 at 4:25 pm to
quote:

Tax payers are footing the bill for restorative efforts, caused in part by oil/gas exploration canals.


True, and efforts to make the O&G companies pay for the damage were thwarted by the former governor and the legislature. Guess who gets lots of contributions from O&G companies?

I don't get the water flow and fish argument. Ducks fly over miles of public and private property to land in private ponds, and deer jump many fences. No one argues that their take on private property is somehow wrong. Why are fish different?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
84495 posts
Posted on 1/25/16 at 4:28 pm to
quote:

I don't get the water flow and fish argument.
Is there an argument these people make you do get?
Posted by Mr Wonderful
Love City
Member since Oct 2015
1045 posts
Posted on 1/25/16 at 5:59 pm to
quote:

Just remember, navigable is meaningless without adding "...in 1812"

wrong

quote:

Just like a pasture

water is not pasture
Posted by Dock Holiday
Member since Sep 2015
1748 posts
Posted on 1/25/16 at 6:28 pm to
quote:

Just remember, navigable is meaningless without adding "...in 1812


Actually to be accurate navigable in Louisiana in 1812.

Well maybe location of the canal in meaningless, or so we're told.
Posted by Dock Holiday
Member since Sep 2015
1748 posts
Posted on 1/25/16 at 6:41 pm to
quote:

don't get the water flow and fish argument.

Agree, that's a played out argument that never made much sense.
The water flow argument comes from riparian rights, but that's a bit of a different subject.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
84495 posts
Posted on 1/25/16 at 6:48 pm to
quote:

Just remember, navigable is meaningless without adding "...in 1812" wrong
Look, I know you want it to be wrong, but that doesn't matter here.
quote:

Just like a pasture water is not pasture
No one said that. You are intellectually dishonest.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
84495 posts
Posted on 1/25/16 at 6:50 pm to
quote:

Actually to be accurate navigable in Louisiana in 1812.
Oh good grief. Are you totally incapable of conceding a point? You've argued this shite under a different user name haven't you.
Posted by Bass_Man
Member since Jul 2015
208 posts
Posted on 1/25/16 at 7:26 pm to
quote:

Is there an argument these people make you do get?


It makes far less since to defend a broken and corrupt system that is based apon surveys done in the 1800's. The coast changes almost every year.

The fact is as the law sits now almost the entire coast could be offlimits to access for fishermen. There are areas that area basically bays now that we're land less than 50 years ago.

I understand and respect private property laws and rights, but a line has to be drawn somewhere. There is a reason that no other state allows this shite to go on.

Posted by Dock Holiday
Member since Sep 2015
1748 posts
Posted on 1/25/16 at 7:28 pm to
quote:

Are you totally incapable of conceding a point?

I don't see a point to conceed. I've said many times the law as its written has flaws that's my stance and the stance of many.
We disagree that's ok.

quote:

argued this shite under a different user name haven't you.

No, but we had a brief exchange a few weeks back I believe.
Posted by Capt ST
High Plains
Member since Aug 2011
13345 posts
Posted on 1/25/16 at 7:52 pm to
quote:

Why do you find that significant


Because it change the hydrology, shallow winding historic bayous replaced with straight 15' deep canals,
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 1/25/16 at 8:01 pm to
quote:

The fact is as the law sits now almost the entire coast could be offlimits to access for fishermen


Not could be off limits, it actually is off limits. It's just not enforced for many areas for a bunch of different reasons. Case in point, Delacroix. Basically if you are not in a WMA or similar you can not leave the canal and go anywhere that was not navigable 200 years ago.
Posted by Capt ST
High Plains
Member since Aug 2011
13345 posts
Posted on 1/25/16 at 8:14 pm to
And Delacroix has some of the worst erosion rates in state. Hmm...
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
84495 posts
Posted on 1/25/16 at 8:15 pm to
That's a different thread.
Posted by Bass_Man
Member since Jul 2015
208 posts
Posted on 1/25/16 at 8:42 pm to
It's all relative of the big picture that causes the issue to begin with.

I think you could also relate that in recent court cases of navigable waterways. In which I believe delt mostly with the Mississippi River. The court stated that the public did not have acess up to the high water mark. Now that did set a precedent of where the public could acess.

Now I think you could apply that same ruling to tidal waters also. If the the said "land" is navigable at low tide it should be accessible.

It's all relative to the topic at hand. We need a common sense solution to this problem. The fact we base what is navigable in 2016 on a map from 1812 makes no sense at all !
Posted by bayouvette
Raceland
Member since Oct 2005
5312 posts
Posted on 1/25/16 at 9:54 pm to
you can argue whatever point you want.

The bottom line is in LA money talks.
Posted by Bass_Man
Member since Jul 2015
208 posts
Posted on 1/25/16 at 10:10 pm to
quote:

The bottom line is in LA money talks.


This is exactly why all people concerned about public water rights should oppose using any public funds for coastal restoration on private property. If they want to keep people from accessing waterways that should be concidered navigable. Then let it sink into the sea.
Posted by Mung
Ba’on Rooj
Member since Aug 2007
9075 posts
Posted on 1/25/16 at 10:32 pm to
quote:

High water mark

quote:

Tidal waters


You're mixing up the standards. Seashore is the land over which the highest tide of the winter season goes. Navigable rivers and streams std is ordinary low water mark. Navigable lakes std is ordinary high water mark. Most importantly, the state and federal government patented/sold/transferred all of this land to private landowners in the late 1800s/early 1900s. So people/companies have been paying property taxes on it for decades, leasing it to O&G companies, trappers, Hunters, etc. there's the real conflict, who gets the royalties from oil and gas, private landowner or the state? The state gets royalties from the water bottoms of all navigable waterways and lakes, so the landowners definitely claims the canal bottoms and even land now under water, for that money. Way more important than whether you get to fish there.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 1/26/16 at 5:47 am to
Funding the restoration of the marsh isn't about fishing and hunting. It's about storm protection. Joe blow who's never been in a boat benefits from restoring the marsh even if he never sees the marsh itself. So the argument that we shouldn't pay for it if it can't be used is invalid.

I also think everyone's gotten very spoiled that it has been land management companies that own all this property. I think that's why it's easily been accessible since they only care about the mineral rights. If it weren't for O&G, many of these areas would be owned by private citizens who would likely be more strict about trespassing and gates would have gone up years ago. So although it sucks, I think this is similar to when you get a new dear lease and you find the old guy hunting it who's pissed because the owner told him he could hunt there and he's been doing it for 50 years. When people do something for so long, they feel they have the right to it. Doesn't make it true. Bays, lakes, etc. are open to you, marsh is a benefit that you have to realize can be taken away. I realize that every time I see a land management sign.
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