CDS column: Water, and the Power to Destroy

CDS column: Water, and the Power to Destroy

13246360_1490935164265897_2513155182757045179_oWater. In Fryeburg, Maine, it’s a big deal: 603,000 gallons a day, a multinational company, a legal battle, a state Supreme Court ruling. Water is a very big deal.

I remember when the Fryeburg Water Co. agreement with Nestle/Poland Spring first made headlines. It was the first time I’d seen liberals act like scared conservatives.

As a reporter you get used to hearing Republican fears — who is going to take their guns, their jobs, their money. It’s part of the modern conservative message: We have something to lose. We need to protect it.

Among liberals, however, the same fear-based rhetoric doesn’t sell. Issues like abortion and gay rights are pitched without resorting to demagoguery. Government, for Democrats, isn’t something to cower from; it’s something that can be controlled.

Republicans, meanwhile, want to starve the beast, kill it if they can.

But I remember that first meeting after the Nestle deal, the activist stances, the sharp words of trepidation that spilled out. I remember the petition campaigns, the heated elections of the Fryeburg Water District, neighbors shouting at neighbors, outside entities called in for logistical and activist support. Replace the word “government” with “corporation” and suddenly liberals become as fearful as conservatives.

But fear provokes knee-jerk reactions, and knee-jerk overreactions, regardless of party. Republicans fear for their guns to the point that they stymie common-sense gun regulations aimed at reducing school shootings and other tragedies. It’s foolish, but it’s impossible to reason with fear.

The same irrationality has been on display locally. But this time it’s a different crowd, a liberal crowd, raising the alarm: Corporations are evil! Our water is not for sale!

But corporations, just like governments, are not evil. These are not autonomous entities, Frankensteinian monsters wielding supreme power. They are run by people. They are governed by laws. They can be tamed.

But not through fear. The fear response Fryeburg Water activists employed was akin to blindfolded swings at a pinata — a lot of fury, but little meaningful contact. Water activists threw everything they had at the Nestle deal, took it to the highest court in Maine, but it is moving forward nonetheless. The fearful blows failed to land.

And why should they? The deal is legal, fitting neatly within the framework set up by the state of Maine. There was an administrative review, then a legal review. Beyond vocal objections, there was nothing to derail the project.

But here’s the thing: the Fryeburg Water activists had a point, and it was a good one. There are tremendous questions about resource extraction. It’s conversation not limited to water: When a resource buried beneath the earth is turned into a salable commodity, who should benefit? Whether water, oil or ore, what is owned by the individual, what is owned collectively, and what is free for the taking? Who owns what? What is the citizenry entitled to when extraction occurs? Should anyone be able to bottle a resource, cart away all they can and pocket the income? Or is something owed for this action?

This is not a new question, but it was also not the one Fryeburg Water activists were asking. Like gun activists thwarting the latest background check legislation, they were shouting in an all-or-nothing fight to stop the deal. They were not calmly looking to put in reasonable safeguards. And in all the shouting, they yelled themselves hoarse.

They had a point; they just failed to aim where it matters.

And where does it matter? In the Legislature, not the courts.

Water is a precious resource. It is a Maine resource, a Mainer’s resource, one currently open to extraction. To change that will require changing the law, which requires working within the bogeyman entity liberals are comfortable with: government.

Activists need to put down the picket signs and trade them for cell phones. They need to push lawmakers to create of a resource fund built on extraction revenues, something similar to Alaska’s Permanent Fund, which is funded through oil sales.

A small tax on water extraction — a half-cent per gallon, or even a quarter-cent — accrues quickly at 603,000 gallons a day. And it would serve as a bulwark against the risk that large scale extraction might someday deplete Fryeburg’s aquifer.

That is the middle road, threading the needle between government and corporations. And it works: In Alaska every resident gets a check, a payout every year, funded by the extraction industry. In 2015, that check was for $2,072 for every resident. The payout is a dividend — the fund itself has grown to more than $53 billion since it launched in 1977.

That money came from oil, not water, and required a change in the state constitution. But extraction is extraction, and bottled water sells at prices similar to gasoline.

Maine doesn’t have oil. Maine has water. It’s a resource, understandably, in which Mainers have a tremendous stake. Currently, the legal and legislative recognition of that stake is minimal, and nothing in the past few years has been done to change that. Activists opposed to Nestle went to battle with empty hands. Instead of looking to arm themselves, they wandered into the fields to get slaughtered. The Maine Supreme Court decision dispatched the last of their hopes.

But Mainers have power. It sits in the tremendous value of bottled water. Residents sit on a commodity, a valuable one. Shouting in the face of its being packaged into profits isn’t going to change things, but taxes do change things. It would be the middle way, accepting that businesses have a right to do business rather than an all out victory against an “evil” corporation. But it would create real value for Mainers rather than just noise.

And should the battle rise again, it would give activists an actual weapon. “The power to tax,” after all, “involves the power to destroy,” U.S. Supreme Court Chief Justice John Marshall said nearly 200 years ago.

 

This column was featured in the Conway Daily Sun newspaper.

On the Road

On the Road

13071776_1474279299264817_5955152375711111058_oI stood by the side of U.S. 191 waving my arms. Another car slid past. Then another. And another.

“Damn it!” I shouted after the fifth went by without slowing. “Stupid!”

Rain was beginning to fall, and the wind had picked up. The clouds hung low over the mesa. The La Sals were covered in snow.

I was 25 miles from Indian Creek, 40 from Moab, and the battery in my Honda Element was down to Empty.

I’m such an idiot sometimes.

The plan was for a rest day. After three days of sandstone splitters my fingers were shot, my hands were raw and my arms were spent. I needed a shower, a refill on water, some internet and a grocery store. But instead I was on the side of the road miles from anywhere hoping against reason to flag down a pair of jumper cables.

Sometimes the adventure on climbing trips has nothing to do with the climbing.

Everything began in April. First stop: Washington D.C., the climbing Mecca. Andre, my scheduled Red Rocks and Yosemite partner, offered a session at Earth Treks and to let me crash in his spare room. After a New England winter of ice and snow it felt great to pull plastic. Humbling, but fun.

12961430_1458805094145571_3194725830949882464_oFrom there I drove on to Wilmington, North Carolina, for a weekend of freediving, descending like a SCUBA diver but without a tank, holding my breath as the light faded through the meters of oceanwater. Stealth-camping in my Element, eating meals out of Wholefoods, it felt like any climbing weekend, except that the worst advice you can give is “BREATHE!”

From there I drove west, the favored direction for the next six weeks. The first real climbing stop was Eastern Tennessee and two days at a secret cliff a friend was developing. “It’s a mix of the Red and the New,” he told me, “more technical than the Red but fewer stopper cruxes than the New.” An oath of secrecy later I found myself below a 40-meter high cliffband stretching from hollow to hollow, perfect orange rock towering above.

13002451_1459754597383954_5867903751223971741_o“This route is five stars,” my friend told me again and again. He was right. Beautiful sandstone, and to ourselves. We put up a new 5.12 with a fun bouldery crux near the ground and bolt after bolt of devious climbing above, 16 bolts of perfection. The Southeast is still full of hidden gems.

But I had friends to meet in the Red, as well as a project to attend to.

For Northeasterners the RRG is a transition ground, the place to switch from pulling on ice tools to grabbing rock holds. It’s a spring pilgrimage, one seldom observed fit for rock climbing.

A few years ago I caught a glimpse of Cell Block Six, a soaring line on the Midnight Surf wall. It called to me, a perfect transition route—big holds, big moves, lots of airtime—it seemed to shout “Welcome to sport climbing season!” I wanted on.

So day one: Warm up slow on 5.10, then head to where the cliff arches at angles that block the sun. Get on the project. Fall all over the project.

Day two: Recover from Day one.

It took two days of gravity testing, pizza dinners and sandstone buckets to clip the chains, but a pair of handjams after the crux unlocked the route. Desperate through the crux, I recovered enough in those jams to feel like the chains came too soon. The transition to rock season was on!

With the project in my pocket I turned west again, to Indian Creek. It’d been 13 years since I’d climbed in the Creek, I was due a visit. And after a few years mostly sport climbing the idea of splitters beckoned. Last fall I was part of an AAC exchange to the Caucus Mountains, climbing rock routes and alpine peaks in Armenia and Georgia. Our host was a strong and energetic Armenian named Mkhitar, and after the trip our group wanted to return the hosting favor. Mkhitar accepted an invitation from exchange member and famous alpinist Jim Donini to take a month-long tour of American rock, from the Creek to Red Rocks to Yosemite to the Black Canyon. Anyone who wanted to join was welcome to tag along.

13123396_1475909295768484_6295289621947350976_oThat’s how I landed on the side of the U.S. 191 waving in vain at passing cars.

The Creek is buried in technological darkness. Indeed, that is part of its appeal—no services, no cell coverage, just coyotes and varnished sandstone. The camping is primitive, the climbing superb. After the noise of Miguel’s and 1,000 miles of highway I sunk into that darkness with relish.

Jim, Mkhitar and a small crew had already staked out a camp and were on the rocks when I arrived. I spilled out of my Element and roped up, barely 7 hours out of Denver. Mkhitar’s face was stretched thin in a smile as he looked at the walls surrounding him. It was going to be a good trip.

But two days later after pitch after pitch of steep sandstone I needed a break. I tumbled back into my car and headed north. Rain spat as I climbed out of the canyon to the plateau, occasionally unleashing in waves, then quiet. I turned on my wipers, then my headlights. Red mud rinsed the land around me.

The first cell signal popped up a short distance from where the road to Indian Creek intersects the highway. My phone buzzed to life; emails downloading, text messages vibrating. I pulled over and switched off the car, leaving the key turned one click to listen to the radio. Three days away and a lot had happened; I started sorting through the layers.

Half-an-hour later, still sitting by the side of the road replying to a Facebook messages, the radio went silent. My phone battery indicator went from green to white.

“NO!” I shouted, suddenly realizing I’d left my headlights on. “NO! You idiot! What are you doing?!”

Half-an-hour—roughly the time it would have taken to get to Moab, where I could have done all of this internetting in the library, surrounded by central air, electric outlets and comfy seats. Instead I was now the proud owner of a dead Honda, parked in a patch of mud along the highway, rain moving in.

I tried the key: Nothing but clicks. I tried waiting a few minutes, hoping maybe the battery would recover enough residual charge, but I was too panicked to let it sit more than 90 seconds. More clicks. Finally I accepted what I had done, what I would have to do. I pulled on a fleece and stepped out into the spitting drops.

The first dozen cars didn’t even slow. Then came the fleet of rentals. “No,” the driver’s would say, one after another, “I don’t have cables. This is a rental car.” One guy offered to send help when he got to Monticello, but that sounded complex and expensive. “At least let me call you when I get there,” he said. “If you are still here I can send someone.”

I relented and gave him my phone number.

Drivers would see other cars pulled over and would pull over themselves, but they too had nothing to jump a battery with. (I, of course, was in no position to throw stones—where were my jumper cables?) I started to grow worried this could get expensive. I had cell coverage. I could call a towing service for a jump. But that felt like expedition tactics, resorting to aid climbing when I had set out for a free ascent.

I have learned that sometimes you can tell a car that has jumper cables. Sometimes the giveaway is the vehicle, other times it’s the driver. This time it was both. Truck. White. Extracab. With a diamond plate toolbox in the bed. A Utahn in his 40s with sandy hair, a mustache and well-worn Levi’s.

He was coming from the other direction. He slowed down and made a u-turn, pulled over all the way to the dirt embankment, letting his truck handle the terrain. He drove towards me, standing small against the desert, but stopped a few yards away. He was on his phone, and he just kept talking. He held up a finger. “One minute,” he seemed to be saying, “I’ll take care of this in one minute.”

Other cars were streaming past. I could be out there flagging them down, I thought. But I had a feeling.

He hung up the phone and rolled down his window.

“Do you have jumper cables?” I asked. The feeling was growing.

He paused, answered slow.

“Yep.”

The feeling was hope. “Can you give me a jump?”

Another pause.

“Yep.”

Another handjam rest. Maybe this crux would go too.

 

This piece originally appeared on the Trango website.