Analyst says QC must protect water rights

Julie Morton, an easement analyst from Crawford County who has worked with opponents of Nimbus, disagrees with an opinion from the deputy county prosecuting attorney that people opposed to the $300-million Nimbus Wind Facility would more appropriately be filing complaints in circuit or federal court.

“Mr. Simmons acknowledges that it is the responsibility of the QC [Quorum Court] to act to protect the property rights of all Carroll County citizens, not just a select few who will profit from the Scout project, if completed,” Morton said. “Mr. Simmons admits that those citizens of Carroll County who have filed complaints regarding their water rights were acting appropriately in bringing their legitimate concerns about potential damage to water wells and other water rights. The QC has the responsibility under the Land Use Ordinance to act to protect those water rights. The only way to fulfil their obligation to protect the rights of all citizens of Carroll County would be to adopt an ordinance protecting those rights.”

Morton said the Carroll County Land Use Ordinance was adopted to protect Carroll County from federal and state authorities taking Carroll County land and negatively affecting the tax base. She said Scout/Nimbus would not be profitable, nor would it even exist, without large federal subsidies.

“So, this is exactly the type of project for which the land ordinance was intended,” Morton said. “And, as to the issue of property rights, if the QC is so interested in preventing any sort of limitation on private property use, why did it have no problem passing an ordinance against crypto mining? That is clearly a limitation on property rights. I note that Simmons didn’t mention that ordinance in his letter.”

Another thing that concerns her is the lack of a customer for the power generated.  “Scout has no customers,” Morton said. “So, all the destruction could be completely unnecessary.”

She also points out the recent abandonment by the Danish company, Orsted, of two massive offshore wind projects in New Jersey. Up until two weeks ago, Orsted was claiming all was well with the projects.

“Then, suddenly, they pulled out, leaving New Jersey residents to pick up the bill for state subsidies that had been offered to Orsted,” Morton said. “Orsted then blamed their debacle on supply chain issues. I guess those only occurred in the last two weeks.”

Morton was a leading opponent in the successful effort to stop the Clean Line Energy transmission line proposed to cross Arkansas to bring wind-generated power from Oklahoma to other states with Arkansas taking the environmental impacts from the transmission line without receiving the electricity.

 Opponents of the Scout Nimbus project have objected to inadequate government oversight on such a large project in a rural area with narrow dirt roads and steep mountain sides in a part of the county known to have numerous caves, springs, sinkholes and other features of karst.

Carroll County does not have zoning or requirements for building inspections. Scout Clean Energy has said it doesn’t need permits from the Arkansas Public Service Commission but has applied for permits from the Federal Aviation Administration for towers up to 698 feet tall, and also has been in discussion with wildlife agencies about a Habitat Conservation Plan to minimize impact to wildlife including birds and bats. The company is expected to apply for an Incidental Take Permit from the U.S. Fish & Wildlife Service.