A Bi-Weekly Publication Friday November 5, 2004

				In This Issue: MWAC looks ahead Michigan Supreme Court to hear beach walking case US FWS Gives $1 Million to help purchase MI coastal wetland MWAC – LOOKING AHEAD The elections are behind us, we've entered the second year of MWAC eNewsletters, and it's time to look into the crystal ball of wetland protection. On the federal level, we expect four more years of an administration that has made bold proclimations about wetland policy (Bush's Earth Day promise to protect, restore, and create 3 million acres), but has more importantly taken actions behind the scenes (policy guidance that puts millions of acres of non-contiguous wetlands in jeopardy) that make the proclimations fall on deaf ears. This makes our continued vigilance all the more important, especially supporting the Clean Water Authority Restoration Act that would protect non-contiguous wetlands by clarifying the definition of "waters of the U.S." On the state level, we are expecting to hear soon from the E.P.A. regarding Michigan's proposed changes to the wetland program that are necessary to maintain assumption of the federal Section 404 program. Because some of the necessary changes include amendments to strengthen the Wetland Protection Act, 2005 will likely be spent building partnerships and convincing legislators and the regulated community why maintaining assumption of the program is important. We also hope to build upon Governor Granholm's executive order to protect non-contiguous wetlands on public lands, and push the DEQ to step up enforcement of wetland violations, especially in designated Environmental Areas. MICHIGAN SUPREME COURT TAKES UP BEACH WALKING CASE Delivering more of a trick than a treat, the Michigan Supreme Court has decided to hear the Glass v. Goeckel case. At issue in Glass v. Goeckel was the right of someone to walk along the beach in front of private property on Lake Huron. In the Court of Appeals decision, the Court overturned an Alcona Circuit Court decision which ruled that the public could walk across the shore in the area between the Ordinary High Water Mark and the water’s edge. The Court of Appeals wrote that the state holds title to the land waterward of the Ordinary High Water Mark in trust for the people of Michigan subject to the exclusive use of the shoreline property owner. The result of the opinion is that beach walkers are trespassing unless they are below the water's edge. Unfortunately some groups have already filed friend of the court briefs arguing that shoreline property owners (not the state) should have title to land to the water's edge, not just the right to exclusive use. Tip of the Mitt Watershed Council plans to file a friend of the court brief clarifying the history and importance of the public trust doctrine, the legal significance of the Ordinary High Water Mark, and the dynamic nature of the Great Lakes shoreline (and thus the relevance of the "moveable freehold" ownership patterns). If you are a part of an organization that would be interested in collaborating on this brief, please call Chris Grubb at (231) 347-1181 x. 118. To unsubscribe, please email: chrisgrubb@watershedcouncil.org			USFWS gives $1M to help purchase MI coastal wetland The U.S. Fish and Wildlife Service will award more than $13 million in grants to 10 states to conserve, restore and protect coastal wetlands under the National Coastal Wetlands Conservation Grant Program. Michigan's Department of Natural Resources will acquire 1,800 acres in Keweenaw County adjacent to the Bete Grise Bay of Lake Superior. The Nature Conservancy and Michigan's Departments of Natural Resources and Environmental Quality have identified this area as being the single most important estuarine marsh remaining in the Upper Great Lakes. Other partners involved in the project are the Keweenaw Land Trust, Houghton / Keweenaw Conservation District, and the South Shore Association. Read the USFWS press release
	Tip of the Mitt Watershed Council 426 Bay Street , Petoskey, Michigan 49770 Phone: (231) 347-1181 x 118 Fax: (231) 347-5928 Web: http://www.michiganwetlands.org