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Missouri takes levee battle to U.S. Supreme Court
CNN ^ | 05/01/2011 | Ashley Hayes

Posted on 05/01/2011 2:38:38 PM PDT by Hawk720

Missouri on Sunday asked the U.S. Supreme Court to halt a plan to intentionally breach a levee on the rain-swollen Mississippi River, flooding Missouri farmland in an effort to save an Illinois town.

Earlier, Missouri filed a federal suit to block the U.S. Army Corps of Engineers from following through on its plan to breach the Birds Point-New Madrid levee. A federal judge on Friday ruled against Missouri, saying a 1928 law permits the breach of the levee to ease pressure on the river.

Missouri Attorney General Chris Koster filed an application for an injunction to the high court on Sunday. It was assigned to Justice Samuel Alito, according to the U.S. Supreme Court's website.

The Corps of Engineers says the action is necessary to save the town of Cairo, Illinois, although it will flood rural Missouri farm communities. "I know that the price being paid is high," said Maj. Gen. Michael Walsh on Saturday.

"Demolition of the levee, however, will cause serious flooding across large portions of Mississippi County," Koster's office said in a statement Thursday, when the federal suit was filed.

Koster believes the 1928 law is unclear "as to whether the Corps of Engineers actually has authority to make the decision to detonate the levee," the statement said.

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


TOPICS: Government; News/Current Events; US: Illinois; US: Missouri
KEYWORDS: acoe; alito; chriskoster; flooding; holderspeople; jaynixon; judsonchilds; levee; michaelwalsh; mississippiriver; scotus
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To: TheBattman

The town didnt build it’s wall high enough.....too bad....that shouldnt give them the right to flood others out to save their own asses...

AND it might not even work....


21 posted on 05/01/2011 3:22:21 PM PDT by Crim (Palin / West '12)
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To: Hawk720
The city of Kayro has 700 of Eric Holder's people.

The farmer's whose land would be flooded are not Eric Holder's people.

Coincidence?

22 posted on 05/01/2011 3:22:49 PM PDT by E. Pluribus Unum (Under Islam, there is no separation of church and state. The church IS the state.)
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To: Hawk720
Cairo is an Obama welfare village. They call it a city. The population is 2,831 with 62% black, 35 percent with unmarried female heads of household, and an average household income of $21,000. Can you say Obama voters. There probably are more farmers and workers who will get flooded out in Missouri than there are people in Cairo, but they are Red state voters. It would be cheaper to let Cario be washed off the map than to have Missouri lose this season's farm produce.
23 posted on 05/01/2011 3:43:07 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: BOBWADE

I’m with you. Breach the levee on the Illinois side and flood them.


24 posted on 05/01/2011 3:43:32 PM PDT by willibeaux (de ole Korean War vet age 81)
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To: Hawk720

If I was governor, I’d at least send out the State troopers. It was a mistake to turn to the courts.

The best bet at this point might be to steal a march on the enemy, and blow the Illinois levees.


25 posted on 05/01/2011 3:44:10 PM PDT by PAR35
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To: Hawk720
They want to blow the levee, they have to agree to the damages to be paid in advance.

This bullshit of we flood your land and then we'll pay you whatever the hell we feel like is not Constitutional.

26 posted on 05/01/2011 3:48:27 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: TheBattman

Residents of Cairo IL now under mandatory evacuation order.

http://www.google.com/search?hl=en&rlz=1R2ADFA_enUS426&sa=X&ei=-OG9Tc29CYTAsAPfzuW-BQ&ved=0CCMQvwUoAQ&q=residents+of+cairo+ill+under+mandatory+evacuation+order&spell=1&biw=1419&bih=597


27 posted on 05/01/2011 3:55:33 PM PDT by Sea Parrot (Being an autodidact, I happily escaped the bureaucratization of intellect)
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To: basil
I sure wish there were some way to divert that water to the Colorado River in Texas—we’re drying up around here—all our rivers and lakes are way down—at least that is the case Deep in the Heart of Texas—around the Austin-San Antonio area.

I'd have more sympathy if the voters hadn't opposed building a new reservoir back in the 90's.

28 posted on 05/01/2011 4:00:45 PM PDT by PAR35
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To: PAR35

We certainly supported it—but were outvoted, obviously.....


29 posted on 05/01/2011 4:02:38 PM PDT by basil (It's time to rid the country of "gun free zones" aka "Killing Fields")
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To: Hawk720
Interesting dilemma, but that crop land has probably been paid back by previous floods not occurring because of same levee. Was this town flooding a known or unknown when levee was first designed and built !+? Is/has town expanded into
flood plain in recent years?

Our town had flood control applied to a scenic creek area that
had flooded before. NO guarantee of preventing ALL future floods - but new apartments built right down almost to edge
of new creek.....mistake.

30 posted on 05/01/2011 4:08:12 PM PDT by urtax$@work (The only kind of memorial is a Burning memorial !)
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To: Rome2000

I don’t know that the C.O.E. will have to pay any damages. It seems like the farmers (or more likely their great-grandfathers) signed an easement that excludes damages for flowing water in the case of the levy being blown. The floodway (rightly or wrongly) was designed with this very situation in mind—take the pressure off of the levees by diverting a part of the flow of the river.

What I’d like to know is if the levees are blown, what happens if the Mississippi decides it likes its new channel better? Isn’t that how rivers change courses—during floods?


31 posted on 05/01/2011 4:10:06 PM PDT by hanamizu
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To: gorush
"I’m going to build a levee but I reserve the right to blow it up when I see fit....would you sign right here?"

Exactly. I'm from Louisiana, near the Morganza Floodway (on the east side of the Mississippi). If the Morganza Floodway is opened, the flood waters of the Mississippi will be diverted to the Atchafalya River and floodplain.

On the west side, past the Atchafalaya Rivier (but still in the Mississippi floodplain), lies the town of Simmesport, completely surrounded by levees. To the west of Simmesport is another levee. "If" the Morganza Floodway isn't enough to keep South Louisiana from flooding, the plan is to blow up that levee, and provide another path to the Atchafalya floodplain for the excess water.

Anybody who built/builds in that area is told up front that they have no recourse if it is necessary to blow that levee......."build at your own risk", but many have.

This appears to be a similar plan and law.

32 posted on 05/01/2011 4:17:04 PM PDT by Wonder Warthog
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To: PAR35
I'd have more sympathy if the voters hadn't opposed building a new reservoir back in the 90's

Where was this proposed project planned to be? With the flood of Northerners who are acclimated to kentucky blue grass and other water intensive plants, and with their penchant for voting Yes on any government project or bond issue, I wonder if they could do it again?

33 posted on 05/01/2011 4:41:16 PM PDT by The Theophilus (Obama's Key to win 2012: Ban Haloperidol)
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To: Hawk720

This is being presented as a ‘land vs lives’ decision. There are several things wrong with this argument...but I’ll concentrate on one:

They have already evacuated 280 people from the Missouri side...and are asking another 600 to leave.

Cairo has a population of 2,800....it looks like at least 280 people in Missouri will lose their homes (perhaps 880, but I’m not sure).

So its not ‘land vs lives’. Its ‘these people are greater in number, so you draw the short straw today’.

This type of logic can take a long trip down a slippery slope....and frankly it is frightening.

Also, the article is not very clear; but I think it states the Cairo wall is 64 ft, while the river is expected to crest at 61. It should be tall enough....but apparently they are not confident it will actually hold. Whose fault is that?

I remember in 1993, there was alot of debate over whether or not the levee system caused more damage than it prevented, because those not protected by it were subjected to higher flood waters (caused by constraint between levees). I am a strong proponent of levees, and don’t agree with this line of thinking....but are there actually people at the COE who are making the case that levees actually CAUSE problems? This case seems to indicate that.

If the COE is going to start bean counting and playing favorites, I think they should look at productivity. How much federal income tax was derived from the Missouri side, vs Cairo...who wants to bet Cairo’s is a negative number. Wouldn’t it make more sense to keep the fields and destroy

Alas, I hope those barges loaded with explosives don’t simultaneously blow the Missouri levee, and send a wave which destrpys the Cairo side.


34 posted on 05/01/2011 4:43:40 PM PDT by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: basil
We certainly supported it—but were outvoted, obviously.....

Is this the reservoir the LCRA proposed back in the late 90's? It seems to be back on track now.

35 posted on 05/01/2011 4:44:47 PM PDT by The Theophilus (Obama's Key to win 2012: Ban Haloperidol)
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To: TheBattman

It would be interesting to compare those statistics with those of New Orleans and the Mississippi Gulf Coast, circa August, 2005.


36 posted on 05/01/2011 4:46:32 PM PDT by Charles Martel (Endeavor to persevere...)
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To: The Theophilus

I’m not sure who proposed it.


37 posted on 05/01/2011 4:47:49 PM PDT by basil (It's time to rid the country of "gun free zones" aka "Killing Fields")
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To: The Theophilus

I’ve been trying to remember that - it’s been a long time. My recollection is that it was between San Antonio and the coast, not up in the hill country.


38 posted on 05/01/2011 5:07:23 PM PDT by PAR35
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To: lacrew

>>>>So its not ‘land vs lives’. Its ‘these people are greater in number, so you draw the short straw today’.

Coming soon to a Dr’s office near you if 0bama-care isn’t killed and defunded: Sorry sir... but we can either treat you, or 3 others with the same money spent, so go plan your funeral.


39 posted on 05/01/2011 5:11:01 PM PDT by Keith in Iowa (FR Class of 1998 | TV News is an oxymoron. | MSNBC = Moonbats Spouting Nothing But Crap.)
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To: NVDave

If the fed owns the rights to who gets flooded and who doesn’t we already know where the racist in chief stands. By-By productive farmland.


40 posted on 05/01/2011 5:13:14 PM PDT by eyedigress ((Old storm chaser from the west)?)
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