A Bi-Weekly Publication Friday May 21, 2004

				Dear Wetlands Advocate, We hope this e-newsletter continues to be a valuable resource for Michigan's wetland advocates. Please forward this on to those you think would be interested. If you would like to be added to or unsubscribed from this list, please email Chris Grubb. GREAT SHOWING FOR WETLANDS AT LANSING HEARING Michigan's Great Lakes coastal wetlands recently had a great showing of support at a hearing of the Natural Resources and Environmental Affairs Committee concerning the bottomland "grooming" amendments passed in 2003. We at MWAC would like to extend a heartfelt thank you to all who were able to attend and testify, including several prominent wetland researchers and policy experts. We would also like to thank Committee Chair Patty Birkholz for embodying good democratic leadership by allowing all who showed up the chance to speak and treating all speakers with dignity and respect. The Senators seemed to appreciate hearing the many ecological, legal and economic reasons why Great Lakes coastal wetlands should be protected. Senator Basham said, "I thought when we passed this legislation it was a good compromise. Had I heard this discussion a year ago, it would have probably influenced my decision." Despite calls from certain groups to eliminate the sunset provision and application requirement of the law, Senator Birkholz said she'll likely wait until a study of impacts is completed before entertaining any changes to the law. Read press and testimony from the hearing COURT OF APPEALS PUBLISHES OPINION ON SHORELINE The Michigan Court of Appeals released a published opinion last week concerning shoreline property owner rights and the public trust doctrine in the Glass v Goeckel case. While some shoreline property owners claim that "we own to the water's edge," the decision did not support such an assertion. The Appellate Judges wrote, "Although the state holds title to land previously submerged, the state's title is subject to the riparian owner's exclusive use, except as it pertains to navigational issues. Id.; Peterman v Dep't of Natural Resources, 446 Mich 177, 195 (1994). However, if and when the Great Lakes rise, the riparian owner no longer has exclusive use to that submerged land, for the state's title in public trust for navigational purposes becomes paramount. Id." This represents a mixed bag for wetland advocates. On the one hand, we are pleased the court reaffirmed the state's title in public trust of the Great Lakes bottomlands. On the other, we are disappointed that the ever-evolving public trust doctrine is headed away from public enjoyment of Michigan's shoreline resources. Read the Court of Appeals opinion IF YOU'RE READING THIS NOW, YOU SHOULD BE AT THE MICHIGAN WETLANDS CONFERENCE We at MWAC are excited to participate in this weekend's statewide wetland conference celebrating the 25^th anniversary of Michigan's Goemaere-Anderson Wetland Protection Act. This will be a fantastic opportunity for wetland advocates to celebrate past success, learn from and about each others' work, and strategize for upcoming challenges.			Bush Announces Great Lakes Restoration Initiative The Bush administration announced the creation of a cabinet-level "Interagency Task Force" to coordinate agencies, give annual reports, and make recommendations for the Great Lakes Restoration effort. This long overdue initiative is a step forward, but MWAC would like to see a commitment to funding the effort at the levels called for by legislation currently in the U.S. House and Senate.
	Tip of the Mitt Watershed Council 426 Bay Street , Petoskey, Michigan 49770 Phone: (231) 347-1181 x 118 Fax: (231) 347-5928 Email: chrisgrubb@watershedcouncil.org Web: http://www.michiganwetlands.org