ACTION on #AVLH2O – Gov. McCrory


This hit my inbox yesterday, and I thought I’d share it here:

Despite the sincere appeals from many of you, and the principled arguments made by representatives of the City of Asheville, the NC General Assembly has passed House Bill 488, the “Regionalization of Public Utilities”.

The main intent of this bill is to forcibly remove control of the Asheville water system and pristine 22,000 acre watershed from Asheville’s elected officials, and put it in the hands of an unelected Board controlled by the State. The studies have all been finalized: there will be no economic benefit to ratepayers from transferring control of Asheville’s water, there will be no “efficiencies” gained – this is about wrenching control of water from the people into the hands of the State.

The threat of privatization of this vital resource still exists, and the threat to make this the first of many such seizures across the State still exists. We need to take a stand now just as was done last November when 86% of Asheville voters expressed opposition to the sale or lease of the water system. To date, over 50 municipalities in North Carolina have passed resolutions opposing the forced transfer of local government infrastructure.

Our best hope to derail this ill-advised juggernaut lies with NC Governor Pat McCrory. As a former Mayor himself, he has to see that the State seizure of municipal assets is a terrible idea. What City or Town will make investments and improvements in their infrastructure (the kind that Asheville has recently made in their water system), once the precedent has been set that if one greedy neighbor wants your assets, the State may step in and take them? This is what is happening to Asheville.

Please take the time to send an email to Governor Pat McCrory.

Or give his office a call (919) 733-5811. As always: be polite, don’t attack the bill sponsors, be persuasive. Mention “Asheville Water” or the “Regionalization of Public Utilities” bill. Should the bill reach his desk, ask him to please Veto!

For more info & other ways you can help, you can always visit

Thanks for speaking up for safe, publicly-controlled drinking water!

Barry & the whole crew at Save Our Water WNC


  1. Davyne Dial says:

    I’d also suggest toneing down the rhetoric towards those of us who (while we may be dismayed at the way things have progressed) still see an advantage to a mutually arrived at regional solution.

    To have people accuse me of criminal behavior and consorting with the enemy by certain posters here, just points out just how beyond the pale this issue has deteriotated. Our local leadership is partly responsible for such uncivil behavior, by their fanning of the partisan flames.

    BTW, in case anyone missed my earlier post on the controversy of my videotaping for the MVA folks. What transpired regarding the MVA water forum was, I was asked to livestream the event, which I did. I also set up (with the assistance of John Blackwell) the audio for the room, using ten mics so each speaker could be heard well in the room. I fulfilled my obligation of livestreaming the event with the extra favor of mic-ing the room for audio. Anything further such as maintaining or hosting the captured video on was never discussed or agreed to.

    Below is the original request for me to livestream the event;

    ———- Forwarded message ———-
    From: Heather Rayburn
    Date: Tue, Feb 14, 2012 at 4:25 PM
    Subject: Davyne: can you live stream next forum?

    Hi Davyne,

    How are you doing? I wanted to see if you would be willing to livestream the Mountain Voices Alliance forum on Monday Feb. 20 at Jubilee like you did for the League forum. It was so nice to be able to see that online! We don’t know the first thing about how to do it. My number is 828-xxx-xxxx.

    Heather (Rayburn)

  2. Gordon Smith says:

    Thanks, Davyne. Sorry that a couple of folks’ posts about you have fueled a need to bring it back up.

    When some representatives are actively attacking, ignoring, bullying, and abusing their constituents, I think it’s right and proper to stand up and fight back.

    “The beatings will continue until morale improves” is not a sound governing philosophy, and what we’re seeing deserves every ounce of antipathy it’s generated.

  3. Davyne Dial says:

    Gordon, there is always a higher road, and we are all challenged to taking that higher road. Soem succeed more than others.

    When the most turbulent challenges occur (such as AVLH2o) then is when taking the higher road is most productive for the greater good.

  4. shadmarsh says:

    …in other words, bend over and take it. Meh, no thanks.

  5. RHS says:

    The link above to e-mail the governor appears to be to his campaign web site. Would not this one, to his office, be a better one to use?

  6. Davyne Dial says:

    Nope, not what I meant Shad. I think you’re well aware of that.

  7. shadmarsh says:

    Do you honestly believe that Moffitt et al are interested in finding an “equitable solution” (to put it as favorably as I can)? If so, I’ve got some lovely swampland in Florida you might also be interested in.

  8. Doug Gibson says:


    “A mutually arrived at regional solution” would be great. I’ve said it before, and will say again, that the fact that Asheville owns the watersheds doesn’t necessarily mean that it should have perpetual, unchecked control over such a valuable resource as clean water. I just hope you’re willing to concede that, apart from the “regional” aspect, HB 488 fails in every respect to fit the description you’ve provided.

  9. Raven Ravinoff says:

    I just wrote the Gov an email. Unfortunately, I think winning a lawsuit is our only hope at this point. My friend posted this to Twitter this morning:

    “good luck getting McCrory to veto 488; called office 2 plead 4 sanity, office told me ‘that bill was started 2yrs ago by dems”

  10. Gordon

    Thanks for posting that – Just so you know, the email that we sent out to the petition signers did in fact link to McCrory’s official email contact page:

    I’m not sure how that link to his campaign site got inserted…

    And it’s good to see that Council is going to officially meet to discuss a lawsuit to block H488 should McCrory sign it. Fight like hell!!

    And please take note that nobody but Davyne is still harping on that MVA video issue. Everyone else let it drop a long time ago.

  11. “office told me ‘that bill was started 2yrs ago by dems”

    I just called & asked about that, & the person on the phone said that “she had heard that, yes.” I pointed out that Republican Tim Moffitt filed the bill two years ago that got this started, and that it’s been a strictly GOP effort ever since. She said she “didn’t have an opinion on that”.

    OMG. These are the people running the state…

  12. RHS says:

    It should also be noted that even if the governor decides to stand up to the bullies in the legislature and veto this bill that it has passed both houses by veto proof majorities. A lawsuit is likely all that is left.

  13. Doug Gibson says:

    About the “two years ago by Dems” thing. My guess is the governor’s office gets hundreds of calls a day on a variety of subjects. So it’s kind of a good sign that someone there has anything to say—even something defensive and erroneous—about HB 488. It makes it sound like the pressure may be getting to them.

    Of course, RHS makes a good point. I sent my e-mail, but a lawsuit is probably the only course of action, and not just because this bill is bad news for Asheville. Leaving it unchallenged would really warp the state’s system of governance.

  14. Mim Toffitt says:

    “They started it” is not the same thing as “that bill was started two years ago by Dems”.
    I was misquoted.

  15. RHS says:

    Yes, just because a veto is 1) unlikely and 2) certain to be overridden if it happens does not mean we should not contact the governor’s office. It is important for him to know that we are paying attention and my e-mail went out earlier today.

  16. Gordon Smith says:

    Fixed the link. Thanks.

  17. Gordon Smith says:


    As House lawmakers debated whether to halve the number of North Carolina children eligible for free pre-kindergarten, several key members were missing from the chamber.

    House Speaker Thom Tillis, Rep. Tim Moffitt, R-Buncombe, and Rep. Jason Saine, R-Lincoln, left early Thursday to attend the ALEC Spring Task Force meeting in Oklahoma City, scheduled for Thursday and Friday.

  18. “Unique to ALEC Task Forces is the public-private partnership,” the website says.”Legislators welcome their private sector counterparts to the table as equals, working in unison to solve the challenges facing our nation.”

    Membership is inexpensive for lawmakers, but big corporate interests pay tens of thousands of dollars for a seat at the table and the access it brings.

    Privatizing government. Hey, why not? What could go wrong with “the merger of state and corporate power”?

  19. N.C.Rohan says:

    Gone to accept his “Big Brass Ones” award, no doubt, for pretending to be a teapartier then teabaggin’ his constituents. No wonder they rushed it through, now he can start the bidding while they’re all together. Who wants a watershed?! Bottled water co.? Frackers? They can pretty much bid on anything they want here now, since the “State”(operatives) can just confiscate and voila! Turnkey! Airports! Water systems! Parks! NC, the Privateers Paradise. Congrats, Mr. Moffitt

  20. Mim Toffitt says:

    “Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power.”
    -Benito Mussolini

    Oh, you mean that? Pay no attention. He didn’t even really say that.

    One of the first things you learn at the ALEC church of market supremacy is that the relative importance and meaning of historical precedent is malleable and subordinate to the operational paradigm at work in the present. The market of today has never existed before. It is divine, virginal, and ripe for pillage.

    Effectively, it would not matter if every action I undertake today was carried out by invading marauders yesterday. In fact, most of them were. Doesn’t matter. The important fact is that today there is a profit to be made in the FREE marketplace for these actions.

    The market is always new. There is no history in the market. Every transaction is a fresh clean canvas. Because of that, there is no penalty for repeating things that were tragic mistakes in other markets in other places in other times. Those no longer exist. History is not only linear, it is transactionally neutral. The market cleanses us of our past sins and makes us free. History is a stranger to the market, for the market does not work on yesterday’s valuation, gains, losses, or contracts.

    Lesson over, the buffet is about to start!

  21. Shit, you really are Tim Mofftt. aren’t you?

  22. TJ says:

    For a scoundrel, Mim, you sure get a lot of “likes.” If only you had been this honest before you were elected.

    Email sent early this a.m.

    Federal class action lawsuit.

  23. Davyne Dial says:

    I just hope you’re willing to concede that, apart from the “regional” aspect, HB 488 fails in every respect to fit the description you’ve provided.” ~ Doug Gibson

    How far up ones butt must ones head be to continually, obtusely misconstrue my continued support of a mutually arrived at regional solution, translates into full support of HB488. I’ve said time and again that I wish it hadn’t had to come to this. That is all I have to say, as anything to further elaborate gets me disemvowled.

  24. Mim Toffitt says:

    Yes, Davyne, it’s the Republicans who can’t do nuance.

  25. Doug Gibson says:


    I’m sorry that I’ve annoyed you.

    So, to answer your question: when I’ve asked you about HB 488, your standard response has been to say some variation of “this has come about because the city and the county have been engaged in a shoving match for years about this.” For that reason, I don’t think a person’s head has to be nearly as far up one’s butt as mine is, even, to wonder why you can’t just come out and say “I oppose this bill.”

    Maybe you have done so. But I don’t think you have in response to any question I’ve asked. Even now, you’re complaining that I’m misconstruing your statements as implying “full support of HB 488″—which opens the possibility that you support it at least in part.

    So—should I take it that “I’m sorry it has come to this” means “I oppose this bill, and I think Governor McCrory should veto it”? When you answer, be sure to speak clearly. Given where my ears are these days, I’m having trouble hearing, as I’m sure you’ll understand.

  26. Jef Powers says:

    Forgive me — I am fairly new to this issue and its controversies. Like most folks in this area (apparently) I am opposed to the transfer of the management of our water system to the oversight of an un-elected bureaucracy . I’m looking for help with one dumb question:

    How have the Republican legislators been able to philosophically justify (to themselves and their conservative constituents) the displacing of our “local” management of our own water resources with an obtrusive, “big-government” oversight — isn’t their position here antithetical to their natural disdain of “over regulation” — what am I missing here? Thanks.