In 2005 Kentucky became the first state in the nation to propose a bill that would end the dumping of mining wastes into headwater streams, one of the most destructive aspects of mountaintop removal mining. At the current rate, this form of mining will destroy an additional 1,000 miles of streams in the next decade.

Despite the clear, negative environmental impact of this type of mining and the efforts of thousands of citizen lobbyists, our Stream Saver Bill has been denied a hearing and vote in the House Natural Resources and Environment Committee.  The chair of the committee, Rep. Jim Gooch (D-Providence) refused to even present the bill to the committee for discussion.  In the 2007 session Rep. Gooch claimed there was no public outcry about this type of mining.  On the following Saturday the Lexington Herald-Leader published more than dozen letters from people all around the state, outraged by his comments (the paper had received more than 60 such letters).

In the 2008 General Assembly the bill was introduced in the House and again assigned to the Natural Resources and Environment Committee with 23 eventual cosponsors. Without the prospect of a hearing from Rep. Jim Gooch, on March 4-5 Rep. Harry Moberly allowed testimony on this legislation in the House Appropriations and Revenue Committee, which he chairs. Rep. Moberly said the burying of streams was an important public issue and deserved a fair and open hearing.

When it came time for a vote, the Stream Saver Bill won 13 votes with only 12 against, but it needed 15 to pass from committee. Three committee members, including two who had promised to vote for it, abstained from voting, and another was absent.

The publicity around the hearings created a lot more public awareness of the issue, especially in the coalfields KFTC is building on this momentum, drawing more people into the public dialog and building our campaign.  We hope to bring the momentum from our work in 2008 into our work this year.

Photo by Jim Clark, www.jimclarkphotography.com

These headwater streams provide essential goods and service...Rivers are networks, and their downstream navigable portions are inextricably linked to small headwaters just as fine roots are an essential part of the root structure of a tree or our own circulatory system is dependent on the function of healthy capillaries.  The small ephemeral stream is not isolated from the mighty river.

-from a letter signed by 85 professional aquatic scientists with broad knowledge and expertise in stream ecosystems, all members of the National Academy of the Sciences, April 2003

Current Status

HB 104 has been assigned to the House Natural Resources and Environment committee.

Take Action to support the Stream Saver Bill

1. Come out to I Love Mountains Day on 2.17.09.  We are hoping to have a large showing of people on the capitol steps.  If you can join us, please sign up here.
   

2. It is important that legislators hear how important ending mountaintop removal is for all Kentuckians -- and hear this throughout the year not just while the General Assembly is meeting. Please call the Legislative Message Line (800-372-7181, open from 8 a.m. until 4:30 p.m. on Monday through Friday) and leave a message for your senator and representative. Or contact them at home or during a public appearance.
   
   MESSAGE: “Mountaintop removal and valley fills are destroying a good portion of our important headwater streams and forests. Your support for Rep. Pasley’s stream saver legislation is very important. Please support an end to the dumping of mines wastes into our headwater streams.”

3. Write letters to the editor of your local newspapers about this issue.  Here are some tips on writing good letters.

4. Become a member of KFTC or donate above your yearly dues.  As a grassroots organization, our strength lies in our membership.  Each new member gives us more clout in Frankfort, and your donations allow us to be the most active grassroots lobbying group in the state.