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ND farmer defies government by draining wetlands
AP via SFGate ^ | 12/1/8 | JAMES MacPHERSON, Associated Press Writer

Posted on 12/01/2008 8:47:32 AM PST by SmithL

Bismarck, N.D. (AP) -- Armed with a tractor or a backhoe, Alvin Peterson moves dirt to drain prairie potholes on his land, saying he's putting the land back to the way God intended.

The 78-year-old retired farmer from Lawton, in northeastern North Dakota, has been in hot water with the U.S. Fish and Wildlife Service over wetlands for more than 40 years. The agency had an easement contract with his father for the potholes to house and feed wildlife.

Federal authorities, after dealing for decades with Peterson's pothole-emptying antics, began cracking down on him. Last month — and for the second time in four years — Peterson was convicted of illegally emptying wetlands. Now he faces stiff fines and jail time.

Peterson remains unfazed.

"I didn't make the waterways, the good Lord did," Peterson said.

The Fish and Wildlife Service, along with hunting and conservation groups, view wetlands as an environmental oasis for waterfowl and other creatures. Peterson sees the potholes as a pain, swamping his land with water and weeds and preventing him from raising crops.

(Excerpt) Read more at sfgate.com ...


TOPICS: News/Current Events; US: North Dakota
KEYWORDS: alvinpeterson; armycorp; environment; epa; propertyrights; wetlands
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1 posted on 12/01/2008 8:47:32 AM PST by SmithL
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To: SmithL
A budding Carl Drega this one.

L

2 posted on 12/01/2008 8:49:35 AM PST by Lurker ("America is at that awkward stage. " Claire Wolfe, call your office.)
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To: SmithL
It's kind of illegal to actually own property in the US. All you can really do is use it within certain (ever-changing) guidelines. But in order to do even that, you have to be willing to constantly pay rent (property taxes) to the gubmint on a regular basis. The land is never really yours.

Sigh.

3 posted on 12/01/2008 8:53:19 AM PST by ClearCase_guy
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To: SmithL

“Jones said disputes over the easements typically are settled through negotiations.

“Ninety-nine percent can be worked out,” he said. “Alvin would be the 1 percent. Negotiations with him, unfortunately, have not proven to be successful.””

God Bless ya Alvin.


4 posted on 12/01/2008 8:56:19 AM PST by rockinqsranch (Dems, Libs, Socialists, Call 'em what you will, they ALL have Fairies livin' in their Trees.)
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To: SmithL

You don’t know how much this worries me.
Ohio voters passed Issue 3 but only time will tell if there will be unintended consequences from this.


5 posted on 12/01/2008 8:57:10 AM PST by griswold3
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To: SmithL

I live in Minot, ND. The dude’s a nutcase. The prarie potholes are a natural part of the landscape here. Tens of thousands of them if not more. It’s the reason North Dakota is a waterfoul wonderland for hunters, some of the best duck hunting in the nation.

If he wants to drain his land, fine. But don’t make up crap like it part of God’s plan. It’s just his own plan.


6 posted on 12/01/2008 9:00:07 AM PST by FreedomFerret
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To: rockinqsranch

Reference post # 4:

In other words,Alvin would not bow down and kiss their asses, nor would he kneel before them and worship them.

Good for Alvin.


7 posted on 12/01/2008 9:00:24 AM PST by sport
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To: ClearCase_guy

“Earth does not belong to us; we belong to earth.”...some idiot named Seattle.............


8 posted on 12/01/2008 9:01:03 AM PST by Red Badger (Never has a man risen so far, so fast and is expected to do so much, for so many, with so little...)
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To: griswold3
What is issue 3?
9 posted on 12/01/2008 9:01:33 AM PST by HuntsvilleTxVeteran (Obama, Change America will die for.)
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To: FreedomFerret

Glad to hear from someone local who knows the person involved. There are several nutcases where I live, too, but at least two of them have been lionized here by freepers who don’t know them.

BTW, I once spent a couple of months in Minot. The longest couple of months in my life. You must be a hardy person, or a gultton for punishment.


10 posted on 12/01/2008 9:07:24 AM PST by jim_trent
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To: HuntsvilleTxVeteran

http://www.smartvoter.org/2008/11/04/oh/state/issue/3/

To adopt Section 19b of Article I of the Constitution of the State of Ohio This proposed Amendment would:
1. Make explicit that a private property owner has a right to make reasonable use of the ground water that lies beneath the owner’s land, although this right is subordinate to the public welfare.
2. Make explicit that a private property owner who owns land on the border of a lake or other watercourse has a right to make reasonable use of the water in such lake or watercourse located on or flowing through the owner’s land, although this right is subordinate to the public welfare.
3. Not affect the public’s use of Lake Erie and other navigable waters of the state.
4. Prevent the rights confirmed under this proposed amendment to the Ohio Constitution from being impaired or limited by the operation of other sections of the Ohio Constitution. If approved, this amendment shall take effect December 1, 2008.


11 posted on 12/01/2008 9:07:58 AM PST by griswold3
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To: griswold3

Sounds like “public welfare” trumps everything else. Seems to me that your state constitution just got amended in a way that takes away all rights to private property.


12 posted on 12/01/2008 9:16:28 AM PST by ClearCase_guy
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To: SmithL
I admire the guy, but a precedent was set at a "religious compound" outside Waco, Texas in April of 1993 that Obama-Soros will gladly follow.
13 posted on 12/01/2008 9:16:30 AM PST by E. Pluribus Unum (Selective serotonin reuptake inhibitors are the opium of the people.)
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To: FreedomFerret

So??? Is it his land or not? He can say whatever he wishes, as far as I’m concerned... and fill in whatever holes are on HIS land that he deems in need of filling. He’s a “nutcase” who is the rightful land owner and is harming no other person outside the bounds of HIS property.


14 posted on 12/01/2008 9:17:45 AM PST by dcwusmc (We need to make government so small that it can be drowned in a bathtub.)
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To: jim_trent

Winter started in mid-October with a storm that dropped 8”.

I don’t really have a problem with him, nor do I care for Government rules over my land. But he has becomed consumed by this single issue and he’s wrapped up his life around it. Quite frankly, it just isn’t worth it. Do what 150,000 other northern farmers do. Just plant around them and enjoy the excellent hunting in the fall.

I can certainly appreciate protest based purely on principle, but he’s making this a lot bigger than it need be.


15 posted on 12/01/2008 9:17:59 AM PST by FreedomFerret
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To: SmithL

To be honest, no more land needs to be farmed in the US, this is rediculous, millions of metric tons of crops are wasted every year.


16 posted on 12/01/2008 9:18:22 AM PST by Scythian
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To: FreedomFerret; jim_trent

I lived in Minot when I was kid. Loved every minute of it.

When we moved, I vowed to return for a visit. That was 1971. I haven’t made it back, yet, but it’s still on the agenda.


17 posted on 12/01/2008 9:25:34 AM PST by Skooz (Gabba Gabba we accept you we accept you one of us Gabba Gabba we accept you we accept you one of us)
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To: SmithL

It does not appear the farmer has much of a legal case here. His father signed an easement contract a long time ago for the wetlands.

“””The agency had an easement contract with his father for the potholes to house and feed wildlife.”””


18 posted on 12/01/2008 9:30:14 AM PST by Presbyterian Reporter
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To: FreedomFerret

Just looked at a sat map of the area. They look like scrapes from glaciers from the last Ice Age, and a bit of God’s handiwork.

I agree with you: if he wants to fill them in, he shouldn’t be hiding behind God.


19 posted on 12/01/2008 9:30:38 AM PST by SlowBoat407 (Do not read this tagline.)
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To: ClearCase_guy

All the more reason to keep ‘Feds’ off my property.


20 posted on 12/01/2008 9:31:35 AM PST by griswold3
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