EPA Loses Battle Over Stock Pond

It’s always nice to see a bully lose a fight.

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In this case, the bully was the EPA.

Their unbelievable over-reach in the case of a Wyoming man, Andy Johnson, who build a stock pond to water livestock ended in a “settlement”.  Johnson’s pond will remain and he won’t pay any fines or concede any federal jurisdiction to regulate the pond.  The fines levied by the EPA totaled $16 Million dollars ($37,500.00 per day).

Johnson did agree to plant some willows and install a partial fence to control livestock.  That is interesting, since the EPA argued their bullying had nothing to do with livestock access to water.

It isn’t just the EPA who has the mind of a bully.  The South Dakota Game Fish and Parks has a water issue of it’s own.

In a recent email, the GF&P issued this statement,

As of Friday, April 29, 2016, a court order was issued that enjoins and prohibits the public from entering or using water above four individuals’ (Robert Duerre, Thad Duerre, Clint Duerre and LaRon Herr) land for any recreational purpose, including hunting and fishing, without their permission. The water subject to the court order comprises a significant portion of what is locally known as Duerre Slough and Jesse Slough in Troy Township, Day County, South Dakota. Even though these waters are not completely closed to access or fishing, you must first obtain permission from the landowner to fish or recreate on water above their property.”

Imagine that.  You need permission to fish on water located on private property!  The GF&P had taken the position that these waters were under their control, not that of the landowners.  The court saw it otherwise.  It is (thankfully) another victory for private property rights.  In this case, the bully may not be finished yet.  The GF&P still may pursue the issue with an appeal…

Folks have been asking us if more landowners will try to get an injunction on water over their property and right now, we do not know the answer to this question, but it is certainly possible. Another big question is if our agency will appeal the court’s decision, and that is yet to be determined.”

Just for the record, the only reason a landowner would need an “injunction” to control water located on their property is because the GF&P ignores the rights of landowners to control their own property.

Fishing is a great sport, but the SD GF&P need to learn that bullying is not an acceptable sport.

***Gordon Howie is an author and CEO of Life and Liberty Media***

Gordon

“It’s not about right or left, it’s about Right or Wrong.”

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Learn more about Gordon: Texas Longhorn Cattle, Real Estate, Music and Politics at www.ghowie.com

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