Town Hall Interview: Representative Dan Scripps of Michigan

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One only has to look at a map to see that Michigan is defined by water.

The same goes for Michigan State House Representative Dan Scripps' 101st District. It includes approximately 150 miles of Lake Michigan's eastern shore and that's one reason Scripps places so much emphasis on water.

Elected in 2008, Scripps' campaign featured a "New Michigan Now" theme that talked not only about revitalizing the economy, but also of enhancing protection of Michigan's water as a key component of economic recovery.

Campaign themes are meant to inspire but are often forgotten after winning candidates are confronted with the realities of governing.

Scripps however appears to remain focused on incorporating water protections into his legislative work.

In 2009 he took a first step toward honoring his campaign theme by introducing legislation (HB 5319) that would strengthen citizen protection of Michigan's groundwater via the public trust doctrine. If he is successful in passing the legislation, no easy task, the public will have a stronger voice in determining the future of Michigan's water.

The Scripps bill faces organized opposition from those who claim it could jeopardize private property rights, and getting it through Michigan's Senate will be a challenge. Similar legislation passed in the House a few years ago but failed in the Senate. Toss in the fact that some large environmental groups have to date declined to engage on this issue instead relying on the Great Lakes Compact, which Scripps and others say falls short.

No matter what happens with his legislation, it appears that Scripps will be a key player in Great Lakes water issues for years to come.

Town Hall editors recently caught up with Scripps and asked him about his public trust legislation, the Asian Carp issue including the federal response, and how water fits into revitalizing Michigan's economy.

Written interview questions were developed by editors Gary Wilson and Dave Dempsey, and Scripps responded via e-mail. Thanks to Legislative Aide Tracy Watson for facilitating the interview.

Here's Representative Dan Scripps, Democrat, from Michigan's 101st District.

Great Lakes Town Hall (GLTH) - This is your first term as a state representative. What prompted you to run for this office and did protecting Michigan's water factor into your decision?

Dan Scripps (DS) - As someone who grew up in Michigan and loves this state, I was deeply troubled by what was happening in Michigan, and that we were headed in the wrong direction.  We really are living at a defining moment in Michigan history, and I felt called to add whatever I could to getting us back on track.

Water definitely factored into my decision. As we move from the old Michigan to one positioned to compete in the new economy, our Great Lakes are not only essential to our way of life, they're a huge competitive advantage. 

GLTH - Tell us what you hear from constituents who attend your coffee hours and Town Hall meetings related to the Great Lakes and Michigan's water. What expectations do they have of you as their representative?

DS - Well, representing four counties along the lake shore, I hear a lot about water.  When people talk about the Great Lakes, they've told me that they're worried about whether or not big corporations are going to sell off their water for profit. They're concerned about whether their beaches are going to be polluted. They're worried about the impact that Asian carp could have on our community and on our businesses. They want to know that their kids and grandkids are going to be able to enjoy the same waters that we all enjoyed as kids. I share those concerns, which is why I'm working to protect our waters.

GLTH - Last December you introduced legislation (HB 5319) to strengthen protection of Michigan's water, especially related to the public trust. What will this bill do and why did you introduce it?

DS - This plan would clarify that all of Michigan's waters in the public trust, which is the same idea that allows you to take a boat out onto any of Michigan's lakes or rivers without having to pay a fee to the company that bought the land around it. This is an idea that's been around for centuries and already applies to the Great Lakes and our surface waters. Extending these protections to our groundwater is vital if we are going to protect all of our waters for our kids and grandkids.

GLTH -  The Great Lakes Compact says the Great Lakes are a public trust resource. Isn't that enough? 

DS - Sadly, it is not. Experts tell us that groundwater and surface water are really one and the same. If we don't have comprehensive protections on our waters everywhere, the truth is that we don't have adequate protections for our waters anywhere.

GLTH - Some say your bill is at odds with private property rights? How do you respond to them and others who may be unsure about your legislation?

DS - Nothing could be further from the truth. This has been one of the biggest misconceptions about this plan, and I've spent a lot of time listening to concerns, and trying to correct what it is that my bill does.  Let's be clear. This plan will strengthen the property rights of well owners and make sure our water is protected. There is no clear separation of the waters under your property from those that extend under your neighbor's land. Without these protections, there's no guarantee that you can continue to access the water that belongs to you, and that a water withdrawal by a company down the road can't dry up your well.

This plan will allow you to stand up and have your voice heard. Property owners should have the right to have a say in the waters they depend on. My plan will make sure that they do.

GLTH - Have you been able to garner support for the bill from Michigan and Great Lakes environmental groups? Michigan Environmental Council, National Wildlife Federation, and the Alliance for the Great Lakes.

DS - Well, I'm happy to work with anyone who wants to protect our waters. But it's not just about environmental and conservation groups. I've been working with business leaders, farmers, well drillers and a number of local residents as well, all of whom are concerned about our waters and want to make sure they're protected. I want to have their feedback and input to make certain that this plan works for our community, and all of Michigan. Nobody benefits if we allow our water to be bottled and sold off for profit.

GLTH - What is the status of the bill and what are your expectations for it? What are its chances of passing in the Michigan Senate?

DS - Currently the bill is in the House Great Lakes and Environment committee, and I'm working to make sure that some of the legitimate concerns that were addressed in this process are reflected in the final language of the bill before anything happens.  I hope to move forward as soon as we finish getting input from people in the community. I want to make sure everyone's voice is heard.

The Senate should be supportive of this. Protecting our waters shouldn't be a Democratic or a Republican issue. It's a Michigan issue, and I hope we can work together on this.

GLTH - The Asian Carp crisis is in the news almost daily. How would you characterize the federal response to date?

DS - Highly disappointing. There's been a lot of talk, but no real action to speak of. They have known about this problem for years, yet they still took too long to get the electric barrier in place, and when that didn't work, now they're dragging their feet on closing the Chicago locks. It's like watching a slow motion train wreck.  With so much at stake, we need action, and we need it now. Close the locks, and let's work out a long-term solution.

GLTH - As a general statement, the Chicago media has characterized Michigan's response to the carp crisis as an over reaction and even "hysterical." How do you respond to that characterization?

DS - Perhaps the only thing more disappointing than the inaction of the federal government has been the obstruction of a select group of Illinois politicians on this issue. I'm sorry, but when you're talking about a $9 billion boating industry, a $7 billion sport fishing industry, literally hundreds of thousands of jobs, and irreversible damage to both our ecosystem and our way of life, I'm going to fight as hard as I have to to make sure our voices are being heard.  There's nothing overblown about the threat this invasive species poses to hundreds of thousands of Michigan jobs and our already fragile economy. These voracious eaters can consume up to 40 percent of their body weight every day, and can grow to more than four feet long and more than a hundred pounds. The native fish and wildlife that businesses on both sides of Lake Michigan rely on would be destroyed by these carp. It's happened in the Mississippi River, and it will happen here if we let these carp into the Great Lakes.

GLTH - What are one or two things you think the federal team (Army Corps, USEPA, et al) should do as they develop a strategy to deal with not only Asian Carp, but other aquatic invasive species?

DS - First, we need to identify these threats and respond faster and sooner. The federal government knew about this threat for over a decade as the carp slowly headed up the Mississippi, yet it took them years to come up with a plan and implement it. By that time, the carp were already at our doorstep.

Second, we need more regional cooperation on issues that affect us all. Eight states border the Great Lakes. There's absolutely no reason that a politician in Chicago should get to make a decision that has drastic repercussions for business owners in Michigan, Ohio, New York or any Great Lakes state.

GLTH- Everyone knows that Michigan's economy is struggling mightily. Do you believe that environmental priorities need to take a back seat until the economy recovers? Or can we improve the economy and still be good environmental stewards?

DS -   This is a false choice given to us by the people who defend the status quo because it's in their narrow self-interest to do so. Our economy has been, and always will be, tied to healthy natural resources. No business wants to settle in a state where you can't breathe the air or drink the water. No one wants to visit a state with polluted beaches, or fish in rivers and lakes where all the trout and salmon have been pushed out by the Asian carp. Like I mentioned before, jobs in our three largest industries - manufacturing, tourism and agriculture - depend on healthy waters, and we need to ensure they're protected.

Instead of making this false choice between either helping keep Michigan beautiful or growing our economy, we can do both by embracing emerging industries like alternative energy and creating new, good-paying green jobs. We can put our manufacturing expertise to use by creating the wind turbines and solar panels that will power our nation and world into the future, or the advanced batteries that will power the electric cars of tomorrow that will be built right here in Michigan.

As the guardians of 20 percent of the world's fresh surface water and some of the most beautiful places on the planet, we have a repsonsibility to be good stewards of these gifts that make Michigan such a special place to live. We can do that while attracting the jobs and businesses that our state and workers desperately need. Our hard-working residents deserve nothing less.

GLTH - From an elected official's perspective, what advice can you provide to citizens on the best way to be involved in Great Lakes and other water issues, or any issue for that matter?

DS - One word: participate! Make your voice heard. Write to your elected officials at the local, state and national levels. Write letters to your local newspaper. Join a local or civic group that is working for the issues that you believe in. We all have a stake in protecting our Great Lakes and making a difference in our community, and the more of us working to make that happen, the better.