Democracy and the Duck River
- Mar 20
- 4 min read
Photo Provided by: Brian Rivers
A Good Day for the Duck River and for Democracy
By Dana Dye
It has been an exciting two weeks for the Duck River and its freshwater neighbors! Let me explain.
For over two years, dedicated Duck River protectors—especially Doug Jones, President of the Duck River Conservancy—have been working hard to get the Tennessee Legislature to designate all of the Duck River as an official Tennessee Scenic River. (Parts of the river between Lillard’s Mill and Columbia already have that distinction, but the Lower Duck River does not.)
The Tennessee Scenic River Act of 1968 (T.C.A. 11-13-101, et seq.) is a noble piece of legislation. Here’s how the 1968 legislature described its purpose:
For aesthetic as well as ecological and other scientific purposes, priority and especial emphasis shall be given to the preservation of natural, unspoiled, undeveloped river areas. Few of these are left in the eastern United States and the general assembly feels a strong obligation to the American people to protect the remarkably beautiful ones in Tennessee. The general assembly affirms that it must not deny the people of this generation and their descendants the opportunity to refresh their spirits with the infinite beauties of the unspoiled stream.
God bless the forethought and responsible stewardship of those 1968 legislators!
Designation as a Scenic River under the Tennessee Scenic Rivers Act affords important protection for a stream. Class II and III Scenic Rivers (like the Duck) allow for the continuation of agricultural practices such as grazing and raising crops and general farm-use buildings, but mining, commercial timber harvesting, and certain kinds of road construction are prohibited. Most importantly, “no landfill for the disposal of solid or hazardous wastes shall be permitted within two (2) miles from the center of a Class II Scenic River on each side.” The prohibition against landfills along the river is extremely important. The federal EPA has acknowledged that there is no such thing as an impermeable landfill liner. Some are better than others but, eventually, they all leak. It may take 10 years or 30 years or 50 years, but eventually and over time, the toxins in the landfill seep into the groundwater and drain into our rivers and streams. Next door to a river is the worst possible place for a landfill! (If you have any doubts about this, read the pleadings in the various pending lawsuits to learn what Middle Point Landfill and BFI Waste have done to the Stones River in Rutherford County.)
This legislative session, the faithful Duck River bulldog, Doug Jones, again pushed for a bill that would give the Duck River and its important tributaries Scenic River protection. As you will remember, in order for a bill to become law, it has to pass both the House and the Senate. Senate bill SB1590 was sponsored by Senators Roberts, Bowling, Hensley, Campbell, and Walley and designated all of the Duck River (except the section controlled by TVA), all of the Buffalo River, as well as parts of the Piney River, Lick Creek, Swan Creek and Beaverdam Creek as Class II Scenic Waterways under the protection of the Tennessee Scenic Rivers Act. The Senate passed the bill unanimously. There was not one single NO vote.
The identical bill in the House (HB1510) was sponsored by Representatives Marsh, Capley, Haston, Reedy, Barrett, Vital, Clemmons, and Jones and, given the Senate vote, its prospects looked good. However, the House version got stuck in the House Agriculture & Natural Resources subcommittee. In that subcommittee, Representative Chris Todd from the Jackson area filed an amendment to remove the two-mile protective barrier against landfills. The subcommittee meeting, originally scheduled for March 3, was postponed until March 11 so that the proposed amendment could be considered.
The removal of protection against landfills would essentially gut the purposes of the Scenic River designation. It would be a dagger through the heart of the Tennessee Scenic Rivers Act. Mr. Todd’s amendment represented an alarming turn of events for a truly popular law.
The Todd Amendment was a call to arms for citizens who care about keeping our creeks and rivers clean. On March 4, the call went out over social media for citizens to email the subcommittee members and tell them to do the right thing: Vote YES on the bill and NO on any amendment that would undermine its protections. The Duck River Conservancy, the Harpeth Conservancy, the Friends of the Duck, the Center for Biological Diversity, and many other river-focused organizations sent out calls for action. In the space of less than a week, over 6,700 citizens told the nine subcommittee members to pass HB1510 as written, with no amendments. There was not one single public comment opposing passage of the bill.
On March 11, the subcommittee heard testimony from Doug Jones, Sarah Gilliam, Jason Gilliam, and John McEwen. When the vote was taken, seven of the nine subcommittee members voted to pass the bill. Only Representatives Rusty Grills and Chris Todd voted against it. Sometimes, when citizens care and get engaged, democracy actually works.
HB1510 now moves on to the full Agriculture & Natural Resource Committee for a vote. The fight for Scenic River protection is not over. This is one of those victories that may simply lead to another battle. You may also be asked to let members of the full Committee know where you stand and how important this legislation is to you. We believe that the bill will pass in the full House if it can get to the floor.
Thank you to everyone who sent an email or wrote a letter to get this important bill moving forward. Thank you to everyone who testified. Thank you to Doug and Martha Jones for keeping the faith and leading the legislative charge. Thank you to everyone who works to save the Duck River.
Once again, this a time to be really proud of our community. And to get ready to fight the next fight.
Dana Dye is a resident of Hickman County and a Duck River Conservancy Board member.
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