WALTHER: WHERE WE STAND, December 20, 2013 --- from Tim Rogers...

Lawyers for Friends of the Edisto have today filed an action in the South Carolina Administrative Law Court, seeking administrative review of the final decision of the SC Department of Health and Environmental Control (DHEC) dated December 6, 2013, declining Board Review of the Agricultural Surface Water Withdrawal Registration and determination to Walther Farms-Windsor, S.C., which was issued by the DHEC Staff on March 21, 2013.

In its Petition, FRED argues that the current determination, registration and withdrawal authorization of 805 million gallons of water per month from the South Fork Edisto River are arbitrary, capricious, unsupported by substantial evidence, and in violation of constitutional, statutory and regulatory requirements.

FRED requests that the Administrative Law Court conduct a contested case evidentiary hearing and, thereafter, issue its order reversing the decision of DHEC to issue the Surface Water Withdrawal Registration and authorization to Walther Farms, or so conditioning the authorization as to protect the South Edisto adequately; and that in the meantime, all actions authorized by the determination and authorization be stayed.

The Petition is attached below. This is the second step in our legal battle to meet the Walther challenge.

Encouraged and reinforced by the avalanche of support for our dear River, and the outrage expressed by so many people at the threat she must now endure, FRED will prosecute this contest with all the vigor we can muster.

We can win this fight, we can save our River, if enough of us take up the cause.

If you have not joined FRED, please become a member now. Ask your friends and neighbors to join. Ask your state Senator and Representative to stand by our rivers, and thank them for their support.

In this holy season, I am thankful for our beautiful Edisto River, and I renew my resolve to work to pass her legacy onto future generations intact.

Best wishes to you and your family for a wonderful holiday season, and a great new year.

Thanks so much,

Tim