Everyone knows we’ve been in an exceptional drought for quite some time here in the Duck River region. Rainfall is drastically below normal and we have more people, industry and irrigation needs than ever before. Without significant rainfall, we may be looking at some water restrictions in the not too distant future.

This is not from any local mismanagement. Our reservoir, Normandy has been exceptionally well operated. Lush amounts of water strategically stored have provided countless recreational opportunities and always provided a predictable potable water supply.

The Duck River, through man’s direct intervention has become a literal sanctuary for fauna and flora. Deer, turkey, otter, Bald Eagles, beavers, 147 fish species, 22 types of snails and at least 53 different types of mussels thrive there. Trees, grasses, wildflowers and algae’s of all variety are plentiful.

Now, a balancing act is occurring between human and nature’s direct needs. Wastewater treatment plants, industry and concentrated animal feeding operations all have a legitimate need for plentiful water downstream from Normandy Reservoir. In many cases, they will be in direct violation of state and federal environmental regulations if they discharge their waste in less than minimal flows of water. Antiquated treatment methods and inefficient systems take much more than their share of our water resources, which becomes clearly visible in our present situation.

The Duck River Agency, to include the Duck River Utility Commission has been sounding the alarm for many months, with little attention being paid. This is no longer the case. I have seen first-hand our issue go from just a blip on the radar to the issue of most importance in drought discussions across the state.

I have the privilege of having been able to attend weekly drought task force meetings, as well as meetings of the Tennessee Water Resources Technical Advisory Committee. I have participated in the advocacy for attention to our situation for many months also, all in tandem with local governing entities and utilities. There is absolutely no doubt in my mind that everyone-from Governor Bredesen down, and our federal elected officials that need to be involved in the matter are involved.

I anticipate two direct actions to come about in the near future.

The first will be a detailed emergency action plan that should include, step by step macro and micro changes to be implemented in the event of a continued exceptional drought. This plan should include not only measures to be taken, but also the costs and commitment of funds to purchase necessary equipment and services should they be required. Our citizens and our governing officials need to know the details of any such plan in advance in order to make proper preparations if the situation does not begin to reverse itself.

A second issue I hope will be settled is getting the state and federal government dancing together in order to implement a more elastic plan for controlling the output from Normandy Reservoir. Not only do we need to reduce the consistent overall flow now, we also need TVA to adjust the dam’s gates on as as-needed basis in order to preserve as much water as possible during substantial rain events. We need one official who has the authority to make a decision and implement it almost immediately that best takes advantage of water in the reservoir and downstream.

We are all thankful that the proper management of our water resources has always provided more water than we want. Now, we are all reminded of the paramount importance of our water resource and how it cannot be taken for granted.

Since 3600 B.C. there have only been approximately 270 years of peace.  An estimated 3+ BILLION people have been killed directly or indirectly in the war years by conflict.  Enough wealth has been destroyed or assets expended to promote these wars to provide for EVERYTHING for EVERYONE on earth for the next 1000 years. 

Sounds horrible, and it is.  War sucks.  I just wish other nations would not force us to make war.

By the way, no two countries have EVER gone to war with each other if McDonald’s is present in both countries.

Too many people do not know our Bill of Rights, or the true meanings of why the Federal Constitution is what it is.  Sometimes, however, I get surprised and someone you never think would pay attention knows almost all the details. 

I witnessed this very example I just spoke of at a recent Boy Scout meeting in Hillsboro.  As I left, I thought to myself that we all need to know these by heart.  I have prided myself in paying attention and studying them, but there is always so much to learn.  I want to reproduce a few things here in reference to this matter.  Please read them and follow up on your own.  We live in the greatest nation on the face of the planet that is grounded in the greatest, most timeless literary work ever produced, with the exception of the Bible. 

The Intolerable Acts , or Coercive Acts were names given to a series of laws passed by the British Parliament in 1774.  The Acts sparked outrage in the thirteen colonies and were important developments in the growth of the American Revolution.  The First Continental Congress was organized as a direct result of these acts.  Our Federal Constitution and then our Bill of Rights were a direct result of the efforts started with these events. 

In a nutshell…..

Amendment 1 :     Freedoms of Speech, Press and Religion

Amendment 2 :     People’s Right To Keep and Bear Arms

Amendment 3 :     Protection From Quartering Troops

Amendment 4 :     To Be Free of Unreasonable Searches and Seizures

Amendment 5 :     Right To Due Process and the Prohibition of Double Jeopardy

Amendment 6 :     Trial By Jury and Other Rights of the Accused

Amendment 7 :     Right To Civil Trial By Jury

Amendment 8 :     Prohibition of Excessive Bail, As Well As Prohibitions Against Cruel and Unusual Punishment

Amendment 9 :     Protection of Rights Not Specifically Enumerated In the Bill of Rights

Amendment 10:     Powers Reserved for the States and People

 Now, take a few minutes to study some more on your own.  You probably live in a safe house, in a safe neighborhood, drive what you need where you want to go and own a gun.  Not a SINGLE one of these would be possible without these protections.   Please help me and all others never allow any to be eroded in the least.

The following is the text of a speech I am humbled to deliver to a large group of our Disabled American Veterans tonight at Russell Barnett Chrysler, Jeep, Dodge in Winchester, TN.  at 6pm.

Good evening.  Welcome Veterans, families of Veterans and those concerned members of our community.  Thank you all for coming.  Thank you, Mr. Barnett for the hospitality you offered that has enabled this fellowship.  Thank you for allowing me the privilege to address you on the most hallowed issue of our Disabled American Veterans.

President Kennedy stated “as we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live them.”

President Kennedy was a Veteran and absolutely right-especially in caring for those who sacrificed years of their lives in the cause of American liberty!

Your presence here tonight means you have taken a stand on the side of meaning and action.  You have stepped forward to show that you fully understand that your freedom is not free, but rather that it was purchased by us all at a terrible price.

Some of us have paid that price ourselves.  We paid it by putting on the uniform of our nation’s armed forces and giving up years of our lives in pursuit of our nation’s defining principles.

We did not complain….we simply answered the call and offered ourselves for duty….in our minds there could be no other option.  We do not regret our decisions.

Some of us may have served stateside, but we would have gone into combat at a word….once again we can fathom no other option.

Some of you confronted the beast of war face to face.  Some of our friends and family members will not come home.

We did our duty my brothers and sisters, and I salute you.  Tonight is a night for you.  The honors and tributes of this moment are yours.

Some of you continue to give, both physically and emotionally.  You returned from service disabled.  The cost of service is written in your scars and nightmares.  You will never be like most other Americans, but you are the best Americans.

Your wars will go on until the day you die.  As a veteran myself, I realize that the impact of your military service is with you always.  You go to bed with it at night wake up with it in the morning and carry it with you throughout the day.  It has made us all better fathers, mothers, friends and citizens.

For your sacrifice you deserve the permanent appreciation of a grateful nation.

Also with us tonight are members of veterans’ families.  We love you.  We appreciate you.  We know that sometimes the call of duty comes back to haunt a veteran.  We veterans understand and appreciate the burden you also carry.

I also offer my deep appreciation to those who are not veterans themselves, or members of veterans’ families-to you who came here only to show your appreciation for those who served our nation.  We need you to keep it up, and bring some friends next time.

Politicians too often say of Veteran’s needs, “Honestly, I would have loved to have funded it, but there were just so many priorities.”  This is thoughtless nonsense.

How many priorities outweigh the needs of the wounded veterans coming home from defending our freedoms?  ABSOLUTELY NONE!!!

How many priorities are more important than our youngest, most vulnerable disabled veterans?  AGAIN-NONE!!!

The priorities that rule the day are the fruit of hedonism, lethargy and political jealousy.  We are in an age that has lost touch with the values of freedom and its necessary costs.

Why is it that many of our elected leaders don’t seem to feel any sense of obligation to our brave men and women sent to war and returning from that hell?  I personally believe they think we can fight wars on the cheap-the only costs being weapons and logistics.  Do they believe war to be unnecessary?  I believe most do.  I wish that were the case, but the stark reality is that some leave us no choice.

Few in politics today ever served in the armed forces.  The number of veterans in elected positions grows constantly smaller, and with these diminishing numbers we lose the literal backbone of the truth in the philosophies of our United States.

It is harsh to say, but not enough of our elected leaders have a son or daughter serving in the armed forces.  Truly, I doubt a politician would talk about “so many other priorities” if they were a veteran or had a daughter or son right now in the streets of Baghdad or Kabul?

Do I discount politicians without service or families in the service? Absolutely not, but with all due respect, they need to shut up.

It pains me to say this, but the troubles faced by many of our veterans today are the same problems they’ve confronted for decades.

Still, after years of promises, a disabled veteran can wait years to see a claim for benefits go through the U.S. Department of Veteran’s Affairs.

Think of this:  World War II and Korean and Vietnam Veterans are still dying as they wait for someone to look at their claims. 

This didn’t happen because people reduced the size of government.  Today’s government is larger than it has ever been….making up about 15% of the workforce in the State of Tennessee alone.

The reduction simply has taken place in VA services to men and women who protect and make a living off that government.

The problems faced by our veterans today have, unfortunately, hounded us since the genesis of our country.  Following the Revolutionary War, wounded veterans were seen begging in the streets of Boston, New York and Philadelphia.

I say this to all current and future politicians:  If you are going to speak of the courage and honor of America’s veterans…if you’re going to cite our nation’s debt to those who defended freedom…then by all means LIVE BY YOUR WORDS!!!

We veterans and our friends can no longer be seduced by shining speeches on patriotic holidays.  Veterans Days are not an excuse for a retail sale.  We must understand reality.

All of us who are veterans know the cost of duty.  We lived up to our duty at a high personal price.  We did not talk of other priorities in our lives.  We did our duty, and we simply did not look back.

Now, when veterans need their government, our nation’s leaders should do their duty regardless of the discomfort.  No discomfort in a political discussion can outweigh the terror in combat or the missed opportunities for families.

No one-ABSOLUTELY NO ONE-should speak of other priorities that rank higher than our nation’s disabled veterans.  Such talk betrays the blood of heroes.

In closing, Thank you again to our veterans, the families of veterans and members of our community here tonight.  Thank you again, Mr. Barnett for the generous donations to make tonight a reality and to all for remembering and being willing to support those of us who served.

I am humbled to have the privilege of participating in just a few plays in the big political game.  I realize that I have just one vote, but I realize that I HAVE A VOTE!

Thank you.  Good night, and God Bless America.

            I gave a couple of radio interviews this week and focused mainly on the economic status of our state.  The following is a budget snapshot as well as some historical information and projections.  The topics covered will be revenues, jobs and trends.  Altogether things look pretty good, but there are some red flags I hope you’ll catch. 

            The first concern is that the budget is growing twice as fast (and in some areas even more), than our personal incomes.  Another concern is that there are many second tier automotive parts manufacturing companies that are closing or downsizing.  We have a lot of eggs in the automotive basket here in Tennessee in one form or the other.  Any degradation of these industries is cause for alarm.

BUDGET OVERVIEW 

-The 2007-2008 budget totals approximately $27.8 billion, representing a 6.6% increase over 2006-2007.

-At the close of the fiscal year 2008, the Rainy Day Fund will be $750 million.  $207 million will be deposited this fiscal year alone.

-The cigarette tax increased from 20 cents by 42 cents to raise $239 million.  Two cents of this increase will go to fund the operations of 6 level I trauma centers in Tennessee, for a total of $9.9 million.

-Sales tax on grocery items have been reduced from 6% to 5.5%, saving Tennessee consumers $38.9 million.

-Local governments can now participate in an optional property tax freeze for seniors.  The income level on which elderly property tax relief can be sought will increase from $20,000 to $24,000.

-Property tax relief has been allowed for veterans with combat-related disabilities, but has now been extended to those with service-related disabilities also.

BUSINESS AND ECONOMIC DEVELOPMENT 

-$40 million new dollars have been added to the Tennessee Department of Economic and Community Development.  In past years, more emphasis was placed on attracting new business rather than helping our existing ones grow in a more enabling environment.  Many of us have realized for some time that the greatest potential for job growth can come from our existing industries.  New strategies within this department have been working hard in that direction for several years now in order to help retain the manufacturing base that continually finds it more profitable to operate overseas.

-$72.6 million will fund an alternative fuel initiative.  This can be a boondoggle if not properly administered, but I believe we do need to explore every possible option to decrease our dependence on foreign supplies and to help preserve our environment…without creating too many restrictions on private business.

-$21 million in agriculture enhancement grants was appropriated.  Thanks goodness, as the farmers have been literally ripped off over the years because the monies from the master tobacco settlement should have gone directly to them to help diversify their operations.

-$10 million has been added to help foster our growing film and television industry in Tennessee

Check out the Tennessee Department of Economic and Community Development for more.

WHERE DO WE WORK? 

-Total private sector employment in

-532,500 of these jobs are goods producers, a net increase of 21,500.

-2,290,600 of these jobs are in the service industry, an increase of 23,900 jobs.

-423,800 people work for government on all levels:

            -Tennessee has 48,700 federal employees, a net increase of none over the last year

-99,500 people work for Tennessee state government, another figure which, thankfully, has not increased recently.

-275,600 people work for local governments, representing a net increase of 2,500 jobs

WHERE ARE WE EXPANDING? 

-Internet Service Providers, Web Search Portals and Data Processing Services jobs have grown at a rate of 4.9%, with a median wage of $56,400.

-Water Transportation opportunities have expanded at a rate of 4.3%, for a median wage of $51,700.

-Religious, Grant-making, Civic, Professional, and Similar organizations have seen a growth rate of 3.8% and draw a median wage of $24,600.

-Animal Production is up 3.8% and earns an average of $28,100.

-Administration and Support services up 3.6% and earning $26,100.

-Warehousing and Storage increased by 3.5% and earning $35,400.

-Truck Transportation up 2.8% and at $39,900.

-Professional, Scientific and Technical Services grew 2.8% and draw a median wage of $52,800.

-Performing Arts, Spectator Sports and related industries up 2.8% and making $75,100.

-Social Assistance jobs up 2.2% and making $18,100.

-Waste Management and Remediation Services up 2.1% and making $53,000.

-Motor Vehicle Parts and Dealers risen 1.9% and making $39,700.

WHO IS GROWING THE QUICKEST? 

Based on the current size of the respective industries:

-Computer and Mathematical occupations up 2.9% for 2,500 new jobs

-Building and Grounds Cleaning and Maintenance up 2.6% for 6,300 new jobs

-Healthcare support occupations up 2.5% for 3,500 new jobs

-Food preparation and serving and related fields grew 2.1% and added 10,000 jobs

-Healthcare practitioners and Technical occupations in that field have grown 2% and added 6,300 new jobs

-Education, Training and Library occupations up 1.6% with 5,300 jobs added

-Farming, Fishing and Forestry up 1.6% with 700 new jobs

-Construction and Extraction occupations up 1% and 2,800 jobs

WHO IS DECLINING? 

Almost exclusively, our manufacturing (goods producing) industries are moving backwards…a most disturbing trend.  We have seen negative growth in manufacturing due to offshore relocation, unfriendly business environments, worker’s compensation costs, high fuel costs, etc.  This past year we had a net decrease in these jobs of 3,900 positions, representing a 0.6% decrease in our foundation.

IN THE LAST SIX MONTHS……. 

-King Pharmaceuticals laid off 33

-Hoover Precision Products closed and we lost 67

-Epic Technology laid off 220

-MPI closed with 160 jobs

-Lear Corporation laid off 68

-Sea Ray Boats, Inc. laid off 158

-Boeing closed and lost 235

-Ceramaspeed, Inc. laid off 128

-Collins and Aikman laid off 110 and terminated 370

-Shoney’s closed and we lost 28

-Berkline Benchcraft terminated 250 and laid off 133

-Averitt Hardware closed with 86

-NEMAK of Tennessee laid off 87

-WABASH Alloys closed with 51

-Toshiba laid off 376

-TRW Automotive closed and we lost 144

-Quality Industries laid off 115

-YKK Snap Fasteners America closed with 68 positions

-General Cable laid off 78

-Whirlpool Distribution

-Memphis Housing Authority laid off 48

-Federal Reserve Bank laid off 54

These are, unfortunately, less than half of the numbers and businesses adversely affected in Tennessee for a variety of reasons.  You can see more, which I encourage you to do, on the states website with the Labor Market Reports.  The challenges facing the second half of the 105^th session of the Tennessee General Assembly are enormous.  Equal responsibility rests with Governor Phil Bredesen and his cabinet.  It is my hopes we can all continue to work together to pull in the same direction.  Whatever the party, race,age or particular demographic you represent, we all want the same things.  Please encourage yourself and elected and/or appointed officials on all levels to put down their swords and pick up their plows.  If nothing else, remember this is YOUR money we’re dealing with.

This week there has been no rainfall recorded in the Tennessee Valley. Unfortunately, the forecast for next week indicates little to no rainfall, so the exceptional drought conditions will continue to persist. Tropical Storm Noel, currently off the coast of Florida, is not expected to affect the Tennessee Valley region.

Below is updated information on the current condition of the reservoir system. 

·        For calendar year-to-date, rainfall is 58% of normal and runoff is 40% of normal for the entire Tennessee River Basin.

·        TVA hydro production is 57% of normal. Any additional water/runoff received will be stored to raise reservoir elevations, and therefore will have little effect on hydro generation.

·        Tributary system storage is expected to remain steady or fall slightly over the next week. On average, levels in the tributary system are expected to remain about the same over the next one to two weeks.

TVA continues to operate the tributary and main river reservoirs with minimum flows to maintain water quality, protect aquatic habitat and provide for commercial navigation.  We are also monitoring water intake levels on the tributaries and the mainstem reservoirs.

I will continue to keep you posted on the status of rainfall and any changes to the reservoir system. In the meantime, please don’t hesitate to contact me if you have questions or need additional information.

Tennessee’s public infrastructure, just like the nation’s as a whole, is feeling the physical strain of time, growth and use. According to a new report released by the Tennessee Advisory Commission on Intergovernmental Relations (TACIR), our state needs at least $28.3 Billion of improvements to be in some stage of development during the five-year period of 2004-2009. Current information about the availability of funding to meet Tennessee’s public infrastructure needs indicates that in dollar terms more than half may go unmet. Of the $23.2 billion in needs for which the availability of funding was reported, local officials are confident of only $9.0 billion of that amount.

The current report, which is based on information provided by state and local officials, shows an increase in needs of $14.7 billion (up 107%) since the first inventory was published six years ago and an increase of about $3.9 billion (16%) from the October 2005 report. These needs fall into six general categories:

-         Transportation and Utilities:  $14.6 billion

-         Education:  $5.7 billion

-         Health, Safety, and Welfare:  $5.2 billion

-         Recreation and Culture:  $1.8 billion

-         Economic Development:  $699 million

-         General Government:  $426 million

According to Dr. Harry Green, TACIR’s executive director, local governments are confident that less than half of the funds necessary to meet these needs have been identified. The largest increase is in the Transportation and Utilities category, which remains the single largest overall. This category increased from $10.4 billion to $14.6 billion. Transportation needs alone represent $13.7 billion (48.2%) of the total infrastructure needs. Most of the rest of the increase from the previous inventory was in non K-12 education with an increase of $355 million; public health facilities with an increase of $99 million; law enforcement, an increase of $93 million; and K-12 existing schools improvements, an increase of $54 million.

This particular TACIR project is the only source of statewide information on the condition of public school buildings and what it would take to get them all in good or better condition, and the news here is good: According to local officials, 91% of local public schools are now in good or excellent condition. They estimate the cost to put the remaining 9% in good or better condition at $608 million, which is a $571 million decrease from the cost reported in the previous report. They also report that 82% of all school systems have sufficient space to house the teachers and classrooms required by the smaller class-size standards imposed by the Education Improvement Act (EIA) in the fall of 2001. The rest use portable classrooms, non-classroom spaces such as libraries and cafeterias for teaching classes, and classrooms that are empty when other teachers have planning periods.

TACIR estimates the cost of the remaining classrooms needed to house these teachers at almost $69 million statewide, which is also a huge drop (about 86% or $410 million) from the cost estimate in TACIR’s last report. School officials have made progress toward providing permanent classrooms for the teachers needed to meet the EIA class size mandates, but systems with higher enrollment growth still face challenges. The amount needed for enrollment growth and replacement schools increased from $1.3 billion in last year’s report to a current total now approaching $1.5 billion.

Other Highlights of the Report

-         Total education infrastructure needs increased from $5.3 billion to $5.6 billion (about 7%) since the last report.  This was the second largest increase among the six categories.  Needs at the state’s public post-secondary schools grew $535 million (about 35%) since the last report and are expected to continue to grow because of lottery scholarship-driven enrollment growth.

-         Health, safety, and welfare at $5.2 billion is the third largest cost category and accounts for 18.3% of the state’s public infrastructure needs.  Water and wastewater needs alone total almost $3.2 billion or over 11% of the grand total and 62% of this one category.  Water and wastewater, transportation, and local public education combined represent more than 70% of total reported needs.

-         The economic development category, which includes business districts and industrial sites and parks, had the largest percentage change as needs decreased by $442 million (40%) from the previous report.  Business district development needs decreased $342 million, with more than half of that decrease attributable to a reduction in the estimated cost of one project in Nashville.

-         Conventional wisdom holds that population density should produce lower infrastructure costs because of economies of scale.  This relationship is not borne out by TACIR’s infrastructure inventories based either on comparisons of counties that rank high and low for population density or on statistical analysis.  The most likely explanation is that urban development requires more infrastructure per capita than rural development does.

TACIR’s mission is to serve as a forum for the discussion and resolution of intergovernmental problems; provide high quality research support to state and local government officials in order to improve the overall quality of government in Tennessee; and to improve the effectiveness of the intergovernmental system to better serve the citizens of

On March 6, 2006, Governor Bredesen commissioned The Governor’s Task Force on DUI Laws In Tennessee.  Today, October 25, 2007, the task force’s recommendations were made public to the state’s Judiciary Committee, which I am a member of.  This issue has taken a front row recently with the high profile DUI arrests of one Senator and one Representative just this year.  Thankfully, no real preferential treatment seems to have been shown to either legislator.  Even more importantly, they did not harm anyone during their respective events.  496 Tennesseans were killed in alcohol related traffic accidents in 2005, with a cost to taxpayers of over $500 million.  Three fourths of the costs are assumed by those not involved in the accident (higher premiums, lost law enforcement assets, etc.).  Following are a list of the primary recommendations from the Task Force, which I am quite sure will be compiled into a comprehensive DUI reform bill to be introduced and hopefully passed in 2008:

1.     Administrative License Revocation

          -This is probably the number one thing we can do to enhance our existing laws.

2.     Class D Felony for 5th Offense

          -prior convictions during a 10 year window from time of arrest would be considered

          -360 day minimum sentence

3.     Vehicular Homicide 100%

          -Aggravated vehicular homicide would be classified by intoxication level

4.     Treatment and Monitoring

          -Give 2nd and 3rd offenders treatment and monitoring options.  After treatment use   technology to stop the offender from driving impaired.  Reward proven sober behavior with legal option to drive with ignition interlock device.

5.     High BAC Level To .15

          -Increase the penalty for high BAC level.  A person is 385 times more likely to be in a fatal crash at .15 than when sober.  No restricted license without ignition interlock for those who were over .15 or refused testing.

6.     Emergency Room Disclosure

          -Emergency room report to police when suspected impaired driver seeks treatment in the same way as mandatory child abuse reports.

7.     Prior Conviction Definition

          -Prior convictions should be included if they occurred within 10 years of arrest and forever if a homicide or vehicular assault.

8.     Blood/Breath Test Time Limitations

          -Current 2 hour limit is often impossible if defendant is transported for medical care and in rural communities, Memphis or Nashville.  The prosecution is currently penalized if officer is delayed due to crash response duties or if the major hospital E.R. has a long waiting period due to business.

9.     Child Endangerment

          -Penalty for child death should not be less than adult death.  Sentences should be consecutive or multiple offenders get a free pass.

10.    48 Hours In Jail for 1st Offenders

          -Trash pick up and public service have reduced jail time, but many never serve this part of sentence due to systematic problems.

11.    Obstructing Traffic

          -According to Tennessee court decisions, if an office activates blue lights to protect the public while checking on a car stopped in a lane of traffic, he has seized the driver illegally without reasonable suspicion.  If lights are not activated, then a bona fide traffic hazard continues to exist.

12.    DUI School Uniformity

          -DUI school is a valuable tool.  Some are very good and some appear to be cash cows.  A uniform curriculum and oversight by a designated agency could improve this tool.

13.    Assessments for 1st Time Offenders and Underage Offenders

          -Most 1st offenders aren’t.  It is the first time they have been caught.  Mandatory assessment would permit the Court to develop a penalty that might work to fix this problem.

14.    Indigent Monitoring Technology Fund

          -Add $25 per DUI case to fund transdermal alcohol monitoring and ignition interlocks for 2nd and 3rd offenders in program.

15.    Preliminary Breath Test (PBT)

          -Non evidential tests to help officer determine probable cause and or need for drug test.  These are not commonly used due to fear that use would exclude further breath testing.

16.    “De Novo” Appeals

          -Eliminate double dipping.  An offender convicted in a bench trial gets to start over with their appeals as if nothing had occurred.  Use Criminal appeal for appellate review only.  Encourage future review of Sessions Court jurisdiction to promote 6 person jury trials.

17.    Establish Permanent Task Force

          -Permit experts to examine how laws are working;  review DUI proposals to eliminate conflicts and respond to issues to advise the Legislature and Administration concerning issues of importance.

This week for me has been hyper-focused on the drought and its possible additional effects. Before I mention the Normandy Reservoir and the Duck River, let me mention what our agriculture industry is facing.We’re looking at somewhere in the neighborhood of $750 million in lost farm income statewide. Remember, the agriculture industry comprises not only livestock, but row crops, hay and the entire horticulture industry. Tennessee is the nursery capitol of the world.

     Yesterday I attended a series of meetings in Nashville which dealt specifically with our drought problems in Tennessee.  First and foremost I was there to help promote a very strong effort by the local governments I represent and the Duck River Utility Commission.  Normandy Reservoir, which empties into the Duck River is literally going dry.  Currently there are about 150 cubic feet of water leaving the lake per second.  There is about 10 cubic feet a second entering the reservoir and the Duck River Utility Commission (which provides potable water to many area communities) pumps about 9 cubic feet a second out of that.    

     There has been an effort underway for quite some months to get the Tennessee Valley Authority to reduce the amount of water leaving the lake to a minimum of 120 cubic feet per second, which is usually done every year around the first of December as the reservoir naturally gets lower during winter months.  This year, however, we are several moths ahead of that customary need.  Finally, in a very strong cooperative fashion (and quite fast for government), the myriad of state and federal agencies have agreed on a plan.  Read this official letter requesting an expedited flow restriction into the Duck River.  The letter goes into a lot of good detail about potential ramifications to various species and consumers.

     We should see the flow reduce from 150 cubic feet per second to somewhere in the neighborhood of 130 cubic feet per second immediately (this week).  The state will then collect some additional baseline data, see how all the various species are faring, then move down to 120 cubic feet per second.  From this point, we will take additional data and make some simulations and predictions about the downstream effects on ever lesser flows…eventually to as low as 80 cubic feet per second.  Members of the USGS and other agencies taking the lead on providing us data all agree there is probably no real and significant rainfall anytime soon, but we never really know for sure.

Here are some other great links to get some more info:

Normandy Operating Guide; Lake Elevation Levels

U.S. Drought Chart

Duck River Utility Commission Website

Department of Environment and Conservation Letter
Regarding Normandy Reservoir Flow Release