The House Boards, Agencies and Commissions Committee held a public hearing on Wednesday on House Bill 473, which would prohibit water systems from stopping fishing, boating and other recreation on public lakes.
While statewide in effect, it is primarily aimed at reopening Mobile's Big Creek Lake to recreation.
An overflow crowd showed up, 11 of whom spoke. Many in the crowd have family who have fished and boated in Big Creek Lake for decades.
After the hearing, the committee did not vote. Committee chair State Rep. Margie Wilcox (R-Mobile) indicated that the committee may schedule the vote at its next meeting. Members of the committee and contact information are listed here.
Mobile-based group "Take Back Big Creek Lake from MAWSS" promoted attendance supporting the bill.
The bill was triggered by the closure of Mobile County's Big Creek Lake to recreation, which the Mobile Area Water and Sewer System (MAWSS) ordered closed on February 4.
State Rep. Shane Stringer (R-Citronelle) is the bill's House sponsor. He spoke in favor of it at the hearing. He represents a large north Mobile County district containing Big Creek Lake. The lake is known for two things: it is the water supply for 70% of the greater Mobile area and is a popular recreation lake for fishermen and boaters.
"Suddenly declaring an entire lake off limits without offering specific reasons or justification is unfair and hurts the quality of life for everyone who lives in the area. The residents of House District 102 are angry and upset at this bureaucratic nonsense, and I share their reaction, so if MAWSS refuses to reverse its decision, the Legislature can certainly step in and reverse it for them," Stringer said.
The executive director of MAWSS, Bud McCrory, spoke at the hearing opposing the bill. He said it would be “detrimental” to MAWSS's mission of providing clean water to 350,000 people in the Mobile area.
City of Mobile spokesman Steven McNair joined McCrory and opposed the bill.
Under the provisions of HB 473, a water or sewer board "may not in any way restrict the public's recreational use of a body of water, or portion thereof, owned or controlled by the board, including for fishing and boating."
State Sen. Jack Williams (R-Wilmer) has a companion bill in the State Senate with the same wording as the House bill. Williams indicated his SB 272 could come up for a committee hearing next week. Williams represents much of western Mobile County, including Big Creek Lake.
"Take Back Big Creek Lake from MAWSS" has created a Facebook page with over 2,800 members. Electrical contractor Matthew Frazier organized the group.
There appear to be three different strategies to reverse the lake's closure—one political, one legal and one legislative. The political strategy is to get public officials to push the MAWSS board to reverse its decision. The legal strategy would be to file a lawsuit or legal opinion to invalidate the decision. Stringer's legislative strategy is to pass a state law preventing the closure of public lakes by water systems.
Members of the MAWSS board that ordered the lake closed include State Rep. Barbara Drummond, chair; Maria Gonzalez, Linda St. John, John Williams, Jay Weber, Raymond Bell, and Tommy Zoghby.
The Alabama Department of Conservation issued a determination Thursday that Big Creek Lake is open to the public. The determination came after Stringer filed a request with Conservation Commissioner Chris Blankenship on the question.
The findings of the Department of Conservation do not carry the force and effect of law.
Jim' Zig' Zeigler writes about Alabama's people, places, events, groups and prominent deaths. He is a former Alabama Public Service Commissioner and State Auditor. You can reach him for comments at [email protected].
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