Volume 61, Issue 4 Spring 2010

★ ★ ★

SC oterPost Office Box 8453 • Columbia, SC 29202 • Phone & Fax: (803) 251-2726 Website: www.lwvsc.org

Website: www.lwvsc.org Join the League today!

The official “business” of Council isthe adoption of the 2010-2011 LWVSCbudget, but Council is much more thanthat. It is an opportunity for members tobecome acquainted with other Leaguersand LWVSC Board members, and receiveupdates on League programs and issues.

Here are some of the topics to be presented:• LWVSC Water Study – Hot Water

Issues In South Carolina• Go Green, Go Transit – You Can Get

There From Here

• Getting To Great – LeadershipDevelopment & Membership GrowthInitiative (Meet and hear from aLWVUS National Coach and ourthree State Trainers)

• LWVSC School District Study – WeElect School Boards...Don’t We?

• How to Register & Turn Out Votersin the Schools

• The League In Action – ReportsFrom LWVSC Policy Specialists

• LWVUS Convention Briefing

AND...

• Networking with League leaders• Special guest Mary Klenz, LWVUS

Board Director and Liaison to SouthCarolina

Highlights:• LWVSC Council 2010...................... 1• President’s Perspectives ...................... 2• Coastal Isolated Wetlands .................. 3• LWV - 90 Years Strong .................... 3• A Public School for Every Child ........ 4• Conservation Lobby Day.................... 4• SC Needs Jobs - At What Cost?........ 5• LWVUS 49th Biennial Convention ... 5• Independent Judiciary ....................... 6• Honoring Harriet Keyserling ............ 7• Taps Run Dry? .......................... 8 & 9• Brandi Parrish Honored.....................9• Tax-Deductible Donations ............... 10• Thanks for The Support .................. 11• Important League Dates.................. 11• Legislative Advocacy Day ................ 12

LWVSC COUNCIL 2010 continued on page 3 –

Making Democracy WorkIN SOUTH CAROLINA

20102010LWVSC CouncilCALLING ALL LEAGUERS! THE LEAGUE OF WOMEN VOTERS OF SOUTH CAROLINA

IS PUTTING LAST-MINUTE TOUCHES ON COUNCIL 2010, AND YOU DON’T WANT TO MISS IT.Saturday, April 24, 2010 - from 9 a.m. to 3:30 p.m.

Council 2010 will be held at St. Paul’s Lutheran Church Fellowship Hall, 1715 Bull St., Columbia(corner of Bull and Blanding Streets)

Senator John Courson speaks with LWVmembers (left to right) Brusi Alexander, Carole Cato,JoAnne Day, Opal Brown, Jan Crangle.

League members on Statehouse steps beforemeeting with state legislators for ConservationLobby Day on March 23. Left to right: JoAnne Day,Barbara Zia, Carole Cato, Brusi Alexander, OpalBrown, Karen Utter.

LEAGUE OF WOMEN VOTERS

Another Women’s History Month haspassed. Each March we celebrate andrecognize women’s historic contributionsto our nation. This year’s event had addedsignificance: 2010 marks the 90thanniversary of the founding of the Leagueof Women Voters and ratification of the19th Amendment to the U.S. Constitutiongranting voting rights to women. Notcoincidentally, they occurred within sixmonths of each other.

After 90 years, the struggle forAmerican women to become fullparticipants in our nation’s political life isnot yet fully realized. Women make uponly 17% of the members of Congress, butwe’ve recently seen a number ofremarkable national milestones for women.For the first time, a woman serves asSpeaker of the House of Representatives,and two major contenders for thepresidency and vice presidency in 2008were women.

While the faces of power are changingnationally, South Carolina women are stillunderrepresented in elected office,including our judiciary, and in appointmentsto our state’s Boards and Commissions. Werank 50th nationally in electing women tooffice. Does it matter that so few of ourdecision-makers are women?

Former Vermont Governor MadeleineKunin argues in Pearls, Politics and Powerthat women make a difference on policyissues. She shows how women bringdifferent life experience to policymaking--how they change the debate and its intensityand what gets to the top of the agenda.

Gov. Kunin’s claim became real when Irepresented the LWVSC at Oxfam

America’s Sisters on the Planet ClimateLeaders Summit on March 8-9. Oxfambrought almost 100 “Sisters on the Planet”Ambassadors from 33 states – and 3international climate witnesses--toWashington for events to markInternational Women’s Day and toadvocate for climate legislation thatincludes substantial investments invulnerable communities around the world.The League, a partner with Oxfam on theSisters project, was well represented.LUVUS President Mary Wilson washonored with a Climate Witness andLeader Award during the Summit. Theevents culminated in an impressive 125visits to members of Congress and officialsfrom the Obama Administration.

At the Summit, women like you and metold about the significant global economicand social impacts that climate change ishaving. I met Sharon Hanshaw whose houseand beauty shop in Biloxi, MS, weredestroyed by Hurricane Katrina. Shedescribed what it was like to see her housecompletely destroyed, and the hours shespent trying to sift through familyphotographs covered with mud, savinganything that remained of her family history.

And I met Constance Okollett, a farmerfrom Uganda, whose entire village wasswept away by devastating floods only tobe hit by unimaginable drought a coupleyears later. For five months they didn’thave rain and she watched as her livelihoodand food withered in the sun.

The tragedy Sharon and Constancepersonally experienced is multiplied on adaily basis around the world. And it’sgoing to get worse. When natural disastersstrike, they hit poor communities first andhardest. Since women make up anestimated 70% of those living below thepoverty line, they are most likely to bearthe heaviest burdens. But women are oftenleft out of the conversation about adaptingto climate change, even though they aresometimes in the best position to providesolutions. Like Sharon, who now leads aGulf Coast women’s group that works tohelp her community prepare for a futurepossible disaster, women can be a powerfulforce for social and political change.

The League has taken a strong stance onclimate change legislation for a simple butimportant reason: Without immediate

action, the impacts on our planet and ourstate will be devastating. While someSouth Carolinians cannot see, feel orexperience the impacts of climate changein the way that Constance or Sharon have,parts of our state are prone to extremeweather shocks--drought, hurricane forcewinds, flooding and sea-level rise beingsome of them.

I trod the marble halls of the House andSenate office buildings to convey messagesabout how women are disproportionatelyaffected by climate change, and the criticalneed for strong climate change legislation.Staff members for South Carolina’scongressional delegation were receptive.(Rep. Bob Inglis displays a wind turbine inhis office. Rep. John Spratt’s senior aideAshley Palmer also covers women’s issuesand needed no convincing about the impactof climate change--globally and in the 5thDistrict. Sen. Lindsey Graham, who wascommended at the Summit for his role inmoving climate change legislation forward,was meeting that day with PresidentObama to discuss legislative action on thisvery issue.)

During a debriefing for SisterAmbassadors I was struck by how femalelegislators – from Maine to California – “gotit.” Women legislators understood not onlythe need to tackle climate change legislation,but also the importance of not forgetting thepeople who struggle to cope with thenegative impacts of global warming. Manyare Sister Ambassadors themselves andpromised to push for language inCongressional Resolution 98 that includesacknowledgment of the disproportionateimpact of climate change on women and tosupport adaptation language in climatelegislation. Plus, these women play asignificant role in educating and leading theirmale colleagues on these issues.

Now this is not to say that all malelegislators don’t “get it” on issues thatimpact women so powerfully. Many ofthem do and we are grateful for theirleadership. At the same time, gender doesmatter and the voices of women need to beincluded in decision making on vital issueslike climate change.

★ 2 ★ Website: www.lwvsc.org Join the League today!

President’s Perspectives:Does Gender Matter?

Barbara ZiaPresident, LWVSC

LWV - 90 Years Strong

★ 3 ★Website: www.lwvsc.org Join the League today!

Continental breakfast and lunch areincluded – Vegetarian meals must berequested by April 17. All this, plus afew more surprises and registration isstill only $25.

Voting delegates include: thepresident of each local League or analternate, and two additional delegatesfrom each local League; the chair ofeach Member-at-Large Unit or analternate; members of the state Leagueboard. Any League member is welcometo attend as a nonvoting guest.

The Council agenda, proposedbudget, and registration information areon the LWVSC website,www.lwvsc.org/whatsnew.html. Orcontact Peggy Appler at 843-688-5171or dappler@homesc.com.

You don’t want to miss LWVSCCouncil 2010!

LWVSC COUNCIL 2010continued from page 1 –

In South Carolina we’re observing the League’s milestone 90thanniversary in many ways. Gov. Mark Sanford proclaimed February 14, thedate of our founding, as League of Women Voters 90th Anniversary Day. TheLeague was honored with a beautifully framed House Resolution for the 90thanniversary of our founding by the SC General Assembly Women’s Caucus atits March 24th Jean Lanney Harris Luncheon in Columbia. Reps. Joan Bradyand Vida Miller, Caucus Chair and Vice Chair, made the presentation. Severalstate and local League leaders were in attendance at the event that drew about400 women leaders from across SC. We gratefully acknowledge therecognitions by the Women’s Caucus and Gov. Sanford.

H4491 Resolution, By Brady, Funderburk, Allison, Knight,Horne, Erickson, Miller and Parks

A House Resolution to recognize theLeague of Women Voters for its many yearsof positive impact on American governmentthrough citizen education and advocacy, andto congratulate the League upon theoccasion of its ninetieth anniversary.

Read the entire Resolution athttp://www.scstatehouse.gov.

Major Victory for South Carolina’sCoastal Isolated WetlandsBy Amy Armstrong, S.C. Environmental Law Project Attorney; LWV/Georgetown County Board Director

The League of Women Voters, alongwith the S.C. Wildlife Federation and theS.C. Coastal Conservation League, won amajor victory for South Carolina’s coastalisolated wetlands in February.Represented by the S.C. EnvironmentalLaw Project (SCELP), the groups foughtoff an attempt do away with protectionsfor these coastal wetlands in a case heardby the South Carolina Supreme Court.

The Supreme Court rejected thedeveloper’s argument that the SouthCarolina Coastal Management Program(CMP) was not valid or enforceable andcould not be used to regulate isolatedcoastal wetlands. The Court reaffirmed thatthe CMP is valid and applies to all wetlandsin the coastal zone. In a unanimous opinionissued February 1, 2010, the SupremeCourt overturned an Administrative LawCourt ruling that the CMP was invalid andcould not be used to regulate isolatedcoastal wetlands and rejected thedeveloper’s challenge to the Program.

The case was filed by a development

group, Spectre, LLC, as an appeal from adecision of the S.C. Department ofHealth & Environmental Control (DHEC)denying the developer’s application for astormwater permit for a 62.93-acre tractof land in Horry County. The developerproposed to fill 31.76 acres of wetlandsas part of its preliminary developmentplan. DHEC denied the applicationbecause the wetland fill would violate theCoastal Management Program policiesthat are designed to protect wetlands. Forcommercial development like Spectre’s,the CMP policies include this rule:“Commercial proposals which require fillor other permanent alteration of salt,brackish or freshwater wetlands will bedenied unless no feasible alternativesexist and the facility is water-dependent.”

Administrative Law Judge JohnMcLeod agreed with the developer, rulingthat the CMP does not cover wetlands thatare not within the jurisdiction of thefederal Clean Water Act, and that theCMP is invalid because it was not

promulgated as a regulation under thestate Administrative Procedures Act.

The Supreme Court reversed on bothpoints in an opinion written by JusticeCosta Pleicones. The Court pointed toprovisions in the Program that provideprotection to all wetlands in the coastalzone, regardless of federal jurisdiction.The Court also noted that the 1977Coastal Zone Management Act specifiedas alternative, and more rigorous,procedure for approval of the CMP, andthus the Program did not need to bepromulgated as a regulation.

“This ruling removes a legal cloudthat’s hung over the Coastal ManagementProgram for nearly 10 years,” said JimmyChandler, director of the South CarolinaEnvironmental Law Project. SCELPrepresented the State, GeorgetownCounty and Charleston Area Leagues inthis significant victory that ensuresprotection for valuable wetlands andnatural resources throughout the eightcoastal counties.

LEAGUE OFWOMEN VOTERS

Conservation Lobby Day – All League Members Encouraged To Attend

★ 4 ★ Website: www.lwvsc.org Join the League today!

Join us for the 7th AnnualConservation Lobby Day on May4, 2010. LWVSC is a proud co-sponsor. Conservationists fromaround the state will travel to theStatehouse to meet, greet andencourage elected leaders to supportthe Common Agenda priorities. Theday begins at 9:30 with a briefing atthe Columbia Museum of Art, afterwhich the group walks to the StateHouse to speak to legislators aboutconservation bills. During theafternoon, participants attendcommittee meetings and enjoy free

time to watch green films, participatein a happy hour or tour Columbia,the art museum and the Statehousegrounds. In the evening participantswill attend an informal oyster roastunder the stars at 701 Whaley. Comeenjoy the live music and local foodwith legislative guests. If you only goto the Statehouse once this year tospeak to your legislator, this is theoccasion! Details can be found atwww.lwvsc.org/whatsnew.html or bycontacting Brusi Alexander at 803-776-3578 or cricketwm@aol.com.

A Great Public School for Every ChildBy Sheila Gallagher, LWVSC Board Director, K-12 Education

LWVSC supports public state-supported education at all levels whichis effective, equitable and accountable.If every child in South Carolina is tohave a great public school, changing ourtax structure is priority one. Closelyfollowing is changing the outdatedformulas of the Education Finance Act(EFA) and the Education ImprovementAct (EIA). This year South Carolinawill have a Base Student Cost (BSC) of$1,623, unchanged since 1994-1995.The most recent BSC is around $2400,amounting to an $800 deficit per studentfor the upcoming year.

In order to recruit and retain qualityteachers in our classrooms we musthave the necessary resources to providenot only salary and benefits, but alsosmaller class sizes, updated materials,etc. Student achievement cannot be tiedto any particular educator. There are justtoo many factors--or lack of positivefactors--to make any true connection.All across our state, public schoolswelcome new students into classroomsevery day--students who bring withthem greater personal and academicneeds than ever before. On the otherhand, rapidly advancing technology hasmade our students savvier than ever.

The bottom line is that our teachers areeducating to an ever-widening range ofabilities while class sizes are growing.Therefore, closing the achievement gapand lowering the dropout rate, as wellas addressing poverty issues, requiresthat everyone be engaged. It isimportant to find ways to partner moreeffectively with people in ourcommunities who want public schoolsto be successful. We must buildcoalitions that will advance a plan thatbrings real support to all, does not harmanyone and includes an overall tax planwith long-term sustainability.

Our General Assembly cannotcontinue to cut needed funds for ourpublic schools (and other publicservices) with no plans to provide arevenue path. They must be heldaccountable for the failure of Act 388(property tax swap for sales tax) andthis year’s funding of dollars outside thetraditional public schools. The Leaguemust continue to focus attention on theneed for not only equitable schoolfunding, but full funding.

Shifting the topic slightly, publiccharter school legislation comes beforethe General Assembly the week of April12th. Realistically, there is likely not

enough time left in this session tocomplete work on the legislation.However, the real problem is the lack offunding with local dollars, and thatfunding in the original bill wasspecifically left out. So now thestatewide public charter schools arerequesting those local dollars.Considering the financial situation ofour traditional public schools, thisrequest should have been rejectedbefore the words were on the paper.Added to this egregious request is the$5000 per student that virtual schoolsare requesting. Virtual schools, good asthey might be, do not have the sameneeds as ‘brick-and-mortar’ schools.Innovation is great, so why not allow itin traditional public schools?

In order for South Carolina to provideaffordable and accessible publiceducation, everyone must be engaged.The goals and aspirations for publiceducation must be heard and understoodby policy makers, especially the GeneralAssembly. It’s a great opportunity for usto make a positive difference, so writethose letters and make those phone callsto support our investment in the future--our public schools.

REMINDERFROM LWVUSDon’t Forget to UpdateYour League’s Officers!

With annual meeting season upon us,we remind you to make sure new leadersdo not miss communications from yourstate and the LWVUS. Please updateyour new officers’ information in theLWVUS database. As requested by you,more titles are now available to denotewhat your members do as officers foryour League. If you need assistance indoing this, please emailmembership@lwv.org or review theonline database manual availablewww.lwv.org/formembers.

★ 5 ★Website: www.lwvsc.org Join the League today!

South Carolina Needs Jobs – But At What Cost?By Peggy Brown, LWVSC Director, Natural Resources

LWVUS 49th Biennial Convention in Atlanta- 90 Years of Making Democracy Work

Will we sell out our state’senvironment for jobs at any cost in thename of progress? Once again SouthCarolina is faced with pollutingindustries wanting to locate here becauseof our lack of protective regulations orthe willingness of some legislators wholack knowledge or who let employmenttake precedence over public health.

FLORENCEThe LWVSC has joined Coastal

Conservation League and Sierra in arequest to SCDHEC for Board Review ofa battery recycling center that JohnsonControls, Inc. (JCI) wants to build on thebanks of the Great Pee Dee River. Not tobe misunderstood, the League would likethe battery facility to be located inFlorence but we feel JCI must use theBest Available Control Technology(BACT) for pollution control, for thefollowing reasons:

• Required controls for air toxics shouldbe as stringent as those alreadyinstalled at some existing secondarylead facilities to protect human health.

• DHEC should require installation of aclosed system to return capturedparticulate matter from the bag housesto the smelter.

• Permitting for Resource Conservationand Recovery Act (RCRA Part B) a

Hazardous Waste Post Closure Permitand Air Permit should be coordinated.The EPA is requiring Johnson Controlsto have a RCRA Part B permit forhazardous waste. This permittingprocess will take at least a year andrequire significant public input.

• DHEC has insufficient basis to givethe proposed facility a “minor source”designation. Johnson Controls saysthey will keep the emission of certainpollutants just under the major sourcethreshold of 100 tons per year, 97.5,and 96 tons. The BACT, which is notbeing required by DHEC, couldeffectively control PM, PM2.5, PM10,SO2, NOx, CO.

The request for review was grantedand scheduled for April 8 at 10 a.m. atSCDHEC on Bull Street in Columbia.

CHESTER COUNTYLegislators have introduced Senate

Bill S. 1325 that would allow Covanta tobuild a “waste-to-energy” incinerator inChester County that would take out-of-state waste in excess of the state’s current600 tons per day burn limit for trashincinerators. It may sound green, but it’snot. Large trash incinerators actually burnrecyclables and emit dangerous dioxinsand more mercury per unit of electricitythan coal-fired power plants.

The proposed Covanta facility wants

to exceed the current 600 tons of burningtrash per day limit by 1000 tons a day,and purchase unused capacity fromexisting landfills. However, the net effectwould be to swap South Carolina’s futurecapacity with more trash fromnortheastern states. Covanta would burnover half a million tons of trash per yearand leave behind almost 100,000 tons ofdangerous toxic ash waste. At presentS.1325 is in the Senate Medical AffairsCommittee. Please contact yourlegislators let them know you opposeS.1325 and support a healthier SouthCarolina, by creating more jobs, savingmore energy through recycling thanthrough incineration.

When life-cycle comparisons are madeof incineration, recycling and land filling,studies show that recycling has a netenergy gain from avoided energyexpenditure of creating new product.Incinerators typically rely on “put or pay”long-term contracts that would actuallyundermine efforts to grow South Carolina’srecycling industry. South Carolina hasbetter options for promoting energyalternatives than burning out-of-stategarbage such as fostering energy efficiencyand investing in innovative solar, offshorewind and biomass technologies.

We want jobs for our South Carolinabut not at the cost of public health risk andenvironmental degradation.

Join fellow Leaguers from 50 states,the Virgin Islands, Puerto Rico and HongKong to celebrate 90 remarkable years ofLeague achievements and chart thecourse for the next biennium of Leagueprograms.

All League members are invited toattend Convention in Atlanta, GA fromJune 11-15, 2010. The Convention site,the Marriott Atlanta Marquis, is locatedin the downtown area known as Atlanta’sheartbeat.

LWVSC is allotted 3 voting delegates.Each local League’s delegate allowance

is based on membership count on Feb. 1,2010 (1 delegate for up to the first 99members; 1 delegate for each 100members thereafter; thus, each localLeague receives at least 1 delegate). ALeague not sending its full allotment ofdelegates can designate a member fromanother League to represent it. Anymember can attend as a non-votingobserver.

Be part of the excitement--conventioncaucuses, workshops and networking,debate and adoption of the 2010-2012National Program, the LWVUS Budget,

and amendments to the LWVUS Bylaws,and choosing the LWVUS Boardofficers, directors and nominatingcommittee for the next biennium.

Convention details, includingregistration and hotel information, can befound by clicking For Members athttp://www.lwv.org/. Please contactBarbara Zia at 803-251-2726 orziab1@comcast.net if you are interestedin joining us. We will have a briefing atthe close of Council for members whoplan to attend Convention. Ride- androom-sharing opportunities are available.

On March 2, 2010, the SouthCarolina Supreme Court heardarguments in the case of Segars-Andrews v. Judicial Merit SelectionCommission, et al. The League ofWomen Voters of South Carolina filedan Amicus Curiae Brief in the case,written by League member Prof.Constance Anastopoulo of theCharleston School of Law. The caseinvolves current sitting Family CourtJudge Francis P. Segars-Andrews, whois up for re-appointment to her seat,which she has held for the past 16years. Pursuant to the ConstitutionalAmendment adopted by voters in 1996,all judicial candidates must be qualifiedby the Judicial Merit SelectionCommission (JMSC) prior to beingpresented to the General Assembly for avote by the full legislature. Thecomplaint filed by Segars-Andrewsaddressed: first, her individual claimsregarding the use of specific evidencecontemplated by the JMSC inconsideration of her qualification thatresulted in a “not qualified” vote by theCommission, and second, theconstitutionality of the membership ofthe Commission.

The Brief filed by LWVSC was not

intended to and did not address theindividual qualifications of JudgeSegars-Andrews; rather it addressed theissues of the constitutionality of theprocess of judicial selection in SouthCarolina and the importance of judicialindependence. Specifically, LWVSCargued that by enacting the statutemandating the membership of the JMSCbe dominated by a majority of currentlegislators, the General Assemblyviolated both the “dual office holding”ban of the Constitution and frustratedthe intent of the voters of SouthCarolina when they adopted theConstitutional Amendment creating theJudicial Merit Selection Commission.The Brief reflected on the historicalpurpose of the creation of theCommission to act as a “check andbalance” on the unrestrained power oflegislators to fill judicial vacancies.Adopting S.C. Code ß 2-19-10(B),which mandated that a majority ofcurrent legislators comprise themembership of the Commission,permitted legislators to serve as both the“qualifiers” and the “selectors” ofcandidates for judicial vacancies andvested all power of judicial appointmentback in the legislature. By doing so, the

General Assembly frustrated thepurpose and intent of adopting theConstitutional Amendment in the firstplace. Additionally, the Brief addressedthe threat to judicial independence, acornerstone of our democracy.

During the oral arguments, theJustices peppered the attorneys for bothsides with questions for over two hours.A number of the questions centered onthe intent and purpose of theConstitutional Amendment creating theJMSC and the potential threat to judicialindependence. At one point, JusticeJohn Kittredge specifically recognizedthe issues raised in the LWVSC AmicusBrief when he queried how the Courtwould answer the concerns advanced byLWVSC, particularly with regard tojudicial independence. The Brief hasreceived much attention around thecountry, including being quoted by legalscholars in the area of judicial selectionand judicial reform advocates.

The issues raised in this case cannot beaddressed by any other court, as theSupreme Court accepted the case in itsoriginal jurisdiction, meaning the caseinvolves matters of state constitutional lawand does not raise issues for other courtsincluding any federal courts of review.

★ 6 ★ Website: www.lwvsc.org Join the League today!

Ensuring an Independent JudiciaryBy Constance Anastopoulo, Charleston School of Law Professor; LWV/Charleston Area Director

Case Update--On March 23, theS.C. Supreme Court dismissed thechallenge to the process of selectionand re-appointment of judges in S.C.The LWVSC is disappointed at thedecision but, at the same time,appreciates the Court's willingness tohear this significant case.

The League’s Brief supported thepetition that challenged theconstitutionality of the way in whichjudges are selected in South Carolina.LWVSC sought to address theconstitutionality of the screening processfor state judges by a commissioncomprised of members the majority ofwhom must be currently serving state

legislators. The Brief did not address theparticular qualifications of the judge inthis case. Rather, LWVSC is concernedthat the process of judicial selection inSouth Carolina frustrates the intent ofvoters when they voted to establish acommission to diffuse exclusive controlby the legislature.

The process of selecting judges is akey component in ensuring a fair andimpartial judiciary. The League’sconcern reflects a national movementfor reform of state judicial systems. AsJames Madison put it, an independentjudiciary is “an impenetrable bulwarkagainst every assumption of power inthe Legislative or Executive.” The

League agrees that the courts areimportant guardians of constitutionallyguaranteed freedoms in our system,and that the system breaks downwithout judicial independence.

The League believes South Carolinahas a good system of judicial selection,but would like to see it refined. In ourview, the insertion of legislativedomination in selection of state judgesdefies the separation of powers and is notin the best interest of judicialindependence or diversity. Because thisissue is so vital to our democracy, wewill continue our citizen education andadvocacy efforts to achieve fairness,independence and diversity on the bench.

Judicial independence does not just happen all by itself. It is tremendously hard to create, and easier than mostpeople imagine to destroy.

– Retired U.S. Supreme Court Justice Sandra Day O’Connor

★ 7 ★Website: www.lwvsc.org Join the League today!

This year the League of WomenVoters is celebrating its 90thanniversary focusing on the themeMaking Democracy Work. It is anappropriate theme for the League asthrough the years it has beeninstrumental in helping to expand accessto our democracy to everyone throughchampioning voter rights, literacy, andinformation on legislative issues at alllevels of government. It is fitting that onthis anniversary the League honor oneof our own members who has throughher courage and commitment helped tomake democracy work here in BeaufortCounty and the state of South Carolina.

Harriet Keyserling began herpolitical life in SC in 1972 working onvoter registration. Like many othervoter registration offices across ourcountry at this time the Beaufort officewas open for limited hours during theweek, never during lunch hour, andnever on weekends. There were novolunteer registrars sitting at tables invarious public places to encourage andenlist people to register to vote. She anda friend decided they needed to find away to open up the voter registrationsystem and begin a voter educationprogram – that is how and why theBeaufort League was started. WhileHarriet would not be the first presidentof the league, she would volunteer to“observe” county government for theLeague of Women Voters. She wasamazed, as a city girl from New York,to learn how county governmentimpacted our lives.

Week after week, she observed theBeaufort county council realizing littleby little how differently she would havevoted on some issues. That seemed to beall it took for Harriet to realize that ifshe wanted to see things done differentlyand if she was committed to theLeague’s priority items-educationreform, day care, environmental,consumer protection, mandatory depositsfor bottles and cans and a waiting period

for purchasing handguns to start,she would have to do more thanobserve. So as a founding memberof the League in Beaufort and atthe age of 55, Harriet became thefirst woman to run for theBeaufort County Council.

Because of her active life andher marriage to Dr. Keyserlingwho no doubt delivered half thebabies in Beaufort County, Harrietwon her first election handily.

Her political careerculminated in her service in the SCHouse of Representatives where sheserved with distinction from 1977 to1993. She was only the second non-lawyer to serve on the House JudiciaryCommittee. She also served on theEducation, Public Works, and Ways andMeans committees, the Joint LegislativeCommittee on Energy and chaired theJoint Legislative Committee on CulturalAffairs from its inception until 1991.She served Governor Riley as an advisoron energy issues and from 1979 to 1982was a member of Congress’ AdvisoryPanel on Nuclear Waste Disposal.

Major legislation with which she isassociated is wide-ranging. She wasinstrumental in the passage of thecomprehensive Education ImprovementAct (EIA) that addressed such issues asacademic standards, teacher evaluationand salaries, student testing, andprograms for special education andadvanced placement.

With Governor Riley’s support, Ms.Keyserling helped to create a TaskForce on the Arts which laid thefoundation for building an infrastructurefor the arts in SC. In 1985 the JointLegislative Committee on CulturalAffairs, an entity created by legislationand at Harriet Keyserling’s urging wascreated and dedicated to enhancingcultural activities in SC like the SpoletoFestival and Penn Center.

True to her training as a Leaguemember, and according to former SC

Governor Dick Riley, Harriet was “moregiven to quiet research, seriousconversation, and careful organization –and less to the smoke-filled room politicsof much big talk and little listening.”

Harriet retired from the House ofRepresentatives in 1993 and hasremained active on the Spoleto FestivalBoard of Directors, the South CarolinaCoastal Conservation League, theBeaufort Arts Council, and the PalmettoProject. She is the author of Against theTide, One Woman’s Political Struggle.Numerous papers known as the HarrietKeyserling Papers, 1965-1998,document her service.

Over the years, Ms. Keyserling hasbeen the recipient of numerous awards.Among them is the prestigious Order ofthe Palmetto, SC’s highest civilianaward from Governor Jim Hodges. In2009 the Conservation Voters of SCgave Harriet the Green Tie Award, andin 2008 Ms. Keyserling received theWomen of Achievement Award and thePioneer Award.

On February 28, 2010, the LWV ofHilton Head Island presented to HarrietKeyserling the Making DemocracyWork award for her notable civic andlegislative achievements. She is aninspiration to all of us who hope tomake a difference through ourparticipation in the work of the League.Thank you Harriet – from all of us.

Honoring Harriet Keyserling:Legislator, League Leader and Community ActivistBy Flo Rosse, LWV/Hilton Head Island

The LWV/Hilton Head Island hosted a party on Feb. 28 tocelebrate the League's 90th anniversary. The guest of honorwas retired SC Rep. Harriet Keyserling, who was presentedwith the LWVHHI Making Democracy Work Award for hernotable civic and legislative achievements.

Left to right: Barbara Zia, LWVSC president; GinnyGhirardelli, LWVHHI co-president; Rep. Keyserling; Barbara Swift,LWVHHI co-president; Pam Craig, LWV/Columbia Area president.

★ 8 ★ Website: www.lwvsc.org Join the League today!

Would it be possible for the peopleof South Carolina to run out offreshwater – water for drinking,cooking, bathing, growing food? It isunlikely that the supply would dry upcompletely, but it is possible that theamount of available freshwater couldbecome limited. According to theNational Wildlife Federation, demandfor water in South Carolina increasedabout 1,000 percent between 1960 and2000. During the same period, thepopulation increased 60 percent.

Freshwater in South Carolina comesfrom surface water (rivers, streams,lakes) and groundwater, or aquifers. Avery small portion is created by reverseosmosis plants. Surface water accountsfor about 1 percent of South Carolinafreshwater.1

As described in our earlier paper,South Carolina has eight major riverbasins that are also grouped into fourmajor watersheds by the Department ofNatural Resources (DNR). Several of therivers originate in North Carolina. TheSavannah River is shared with Georgia.

The major aquifers are locatedmainly near the Atlantic coastal area ofthe state. The Upper Floridan Aquiferalso serves residents of Georgia. Wellstap the underground water to bring it tothe surface for use. About 40 percentof the population of South Carolinadepends on groundwater for itsfreshwater needs.

Lakes, or reservoirs, are sources ofwater mainly for industries and power-producing plants. (South Carolina hasmore than 1,600 lakes with areas of 10acres or more.) Major lakes areHartwell, Thurmond, Murray, Marion,and Moultrie.

The amount of precipitation thatfalls each year affects the supply ofwater. On average, South Carolinareceives about 50 inches ofprecipitation annually. The greatest

amount falls in the mountainous areasof the state. If rivers receive theaverage annual amount of precipitationthey stay at an optimal level forpersonal, agricultural and industrialuse, and to maintain the natural habitatfor plants and animals.

In times of drought, such as the stateexperienced in the early 2000s, thesupply of water is diminished. Less isavailable for normal usage needs.People become fearful that “we willrun out of water.” Recall the situationAtlanta was in during 2007 – 2008when the city’s main source offreshwater, Lake Lanier, nearly driedup before rains reduced the threat.

Large, open bodies of water, such asthe state’s lakes and reservoirs, lose apercentage of their water supplythrough evapotranspiration. (About 34inches are lost on average each year.)This loss can affect the amount ofwater available for use. At times, theamount of water lost throughevapotranspiration is greater than theamount of water that flows into thereservoir. Water is also lost throughevaporation in the cooling towers, atnuclear and fossil-fueled thermoelectricpower generating facilities – some tensof millions of gallons per day. This isabout 1 to 2 percent of the total amountof water used by these facilities.2

The average flow of the more than11,000 miles of flowing streams in thestate is about 33 billion gallons ofwater per day.3

Dams, of course, restrict the flow ofwater in rivers and streams. They causewater to collect behind them. Thechallenge to those who manage the damsis to maintain a regular and even flow ofwater downstream. According to legalpermits or licenses, managers ofreservoirs must “release a minimum flowvolume” over, usually, a period of aweek. Because the releases relate to

hydroelectric power needs, they may becarried out in only a short period of time,such as a couple of days. During the restof the week, the flow may be less thanneeded downstream. (p. 30, DNR)Reservoirs connected to the SavannahRiver are operated by the Army Corps ofEngineers (COE). The rest are regulatedby or licensed by the Federal RegulatoryCommission (FERC).

Water use also affects supply. Theheaviest use of water is by powerplants and industries. Agriculturalneeds require the next largest amountof water. Interestingly, golf coursesalso use large amounts of water,especially in the coastal area. Coursesin Horry County, for instance, use 19.4million gallons per day. (Use ofrecycled water can mitigate the amountof water consumed by golf courses.)The amount of water used byindividuals is comparatively small.

South Carolina has given theInternational Paper Company the rightto take from the Great Pee Dee River100 cubic feet of water per secondevery day. The water is used to operateits plant in Georgetown. Individuals,businesses and local governments werealso given the same rights to divertwater as those given to theInternational Paper Company.

For the year 2000, the estimatedwater use in South Carolina, inmillions of gallons per day, was:Hydro-electric: 36,176; Thermo-electric: 5,840; Industry: 566; PublicSupply (water distribution for sale by apublic or private utility): 542;Irrigation: 253; Golf Courses: 97;Domestic: 64.4

According to the CoastalConservation League, “Thermo-electricpower generation accounts for 80percent of the fresh water usage inSouth Carolina. Reducing electricity

continued on page 9 –

Could South Carolina’s Taps Run Dry?By Joan Kinne-Shulman, Co-Chair, LWVSC Water Study Committee

This is the second in a series of background papers related to the two-year LWVSC Study on Water Resource Management inSouth Carolina. The first paper, “Where Does South Carolina’s Water Come From?” can be found in the Winter 2010 SC VOTER.

★ 9 ★Website: www.lwvsc.org Join the League today!

consumption can save water as well asmake [S.C.] more energy efficient.”4

If water is drawn out of groundwatersources close to the ocean faster than itcan be replenished, there is a dangerthat saltwater will intrude into thesource. As of 2003, for example, majorwells in the Upper Floridan aquifer hadbeen rendered useless because of theintrusion of saltwater. The increase indevelopment and population of thecoastal area is a major cause of theintrusion. According to a public servicedistrict on Hilton Head Island, saltwaterintrusion is accelerating by at least 250feet per year. In the not too far distantfuture, all freshwater wells on HiltonHead Island will be unusable.

Several of the major rivers in SouthCarolina arise in North Carolina. Waterfrom them supplies communities inNorth Carolina before the flow reachesSouth Carolina. South Carolina isseeking to reach an agreement withNorth Carolina to make sure thatenough of the river water flow reachesthe communities in South Carolina tomeet their needs.

Water management in South Carolinais also affected by common law riparianrights. This means that a person whoowns land that is bounded by or iscrossed by a natural stream has theprotected legal right to access and usethe stream. The person does not own thewater but can use it as long as the usedoes not cause harm to other riparianowners. One limit is “reasonable use,”which is difficult to define. Anotherrestriction is that the water can only beused on the land adjacent to the stream.It is not supposed to be used on propertyelsewhere. In actual practice, the wateris often transported by public utilities foruse elsewhere. Currently, the state canonly regulate reported withdrawnamounts of water exceeding 3,000,000gallons per month. A recommendationwould require a permit to withdraw anamount equal to or greater than3,000,000 gallons per month.

South Carolina has in place a systemfor groundwater use permits. A usermust obtain a permit to withdraw3,000,000 gallons or more per month incapacity use areas.

Under the Interbasin Transfer Act of1985, DHEC can regulate and permit

interbasin transfer of water. (This ismoving water from one water basinwith an excess of water to another withless.) The Act requires a permit for allwithdrawals of water greater than1,000,000 gallons per day, or 5 percentof the 7-day, 10-year low flow,whichever is less, when any part of thewithdrawal is transferred from one riverbasin into another.

The South Carolina DroughtResponse Act allows the restriction ofwater use during a severe drought.

FOOTNOTES:1 South Carolina Water Plan, 2nd

Edition, SC DNR, p. 4.2 Ibid., p. 15.3 Ibid., p. 22.4 Ibid., table, p. 18.

SOURCES:The Governor’s Water Law Report,

2004

South Carolina Water Plan, SecondEdition, 2004, by A.W. Badr, AndrewWachob, Joseph A. Gellici. SouthCarolina Department of NaturalResources, Land, Water andConservation Division

TAPS RUN DRY?:continued from page 8 –

Brandi Parrish, LWV/Columbia AreaBoard Director, was named to The Statenewspaper’s 2010 class of youngMidlands professionals on the path tosuccess. Honorees are area residentswho have made their mark before age40 and who look like they will continuetheir contributions for years to come.

Brandi is Associate Director for NewMorning Foundation where she worksto get those younger than 30 access tosexual health information as well ascounseling and clinical services. Shealso lobbies lawmakers on these issues

and has co-authored a primer onadvocacy work. She proudly puts herLeague leadership role first in her longlist of community services. Brandi willtake time from her busy professionaland community activities to wed fiancéWill Ellison this spring.Congratulations, Brandi!

Read more at:http://www.thestate.com/850/story/1121601.html.

League Newsmaker in South CarolinaBrandi Parrish Honored in 20 Under 40

★ 10 ★ Website: www.lwvsc.org Join the League today!

Thanks to YOUR generosity over theyears, tax-exempt donations to theLWVSC Education Fund account heldfor us by the national League havegrown. State Board members haveresponded by applying for and usingthese monies in some exciting andcreative ways. First, you have tounderstand that to be able to use EdFund dollars, the project must beintended for the purpose of citizeneducation or voters service activities,informing the public in a fair andobjective manner, and cannot advocateor urge action on a particular position.Projects must serve the general public,not League members exclusively. Ifyour project meets these criteria, yousubmit a request for the funds,documenting what you intend to do withthem and, usually, you receive a checkin the mail drawn from your funds inthe LWV Education Fund! Very simple!

Transportation: Ed Fund dollarswere used for an educational campaigntargeting state legislators, local publicofficials and the general public withmessages about the benefits of publictransportation. The campaign consistedof a series of four postcards, whichfeatured photos of actual transitcustomers and employees.

Ed Funds also were used to organizeand implement two statewideCommunity Transportation Dayevents. The first in 2008 included apress conference at the State Museum inColumbia after which participantstraveled to the State House and invitedLegislators to join them for “Lunch onthe Bus.” The second was held in 2009at the University of South Carolina andincluded a full-day training sessionconducted by Easter Seals ProjectACTION. The State League partneredwith the Transportation Association ofSouth Carolina, the American PublicTransportation Association, theUniversity of South Carolina and EasterSeals Project ACTION on the events.

Know Your State: Last published in1994, the updated 5th edition of Know

Your State was published using EdFund dollars. This 75-page bookletdocuments all areas of State governmentand is a useful tool for civic educationboth in and out of schools. Know YourState describes the structure andfunctions of South Carolina StateGovernment. KYS includes informationabout the legislative, executive andjudicial branches of government, thefunction and administration ofgovernment, education, finance andtaxation and local government. KYS isthe only publication of its kind. Theinformation was researched and writtenby League members and is ideal forstudents from secondary schoolsthrough college. It has proven to be auseful tool for teachers at all levels andfor educating the general public. It isnow available to the public ($10) and toLeague members ($5). Please emailPeggy Appler at dappler@homesc.com.These are great speaker gifts.

Advocacy Workshop and Manuals:The Advocacy 101 Handbook is anessential tool for citizens who want tounderstand and influence the legislativeprocess. It is in use by League members,local Leagues and organizationsthroughout South Carolina. Both printand downloadable copies fromwww.lwvsc.org are available. TheHandbook was designed for the day-long Advocacy Workshop in 2008.

Judicial Forum with SC WomenLawyers Association: The 2008“Judicial Selection in South Carolina:Ensuring Quality, Independence andDiversity on the Bench” forum wassponsored by the LWVSC and the S.C.Women Lawyers Association. The eventwas in celebration of Constitution Dayand was attended by about 200.

Energy to Efficiency Forum:Purpose of this 2009 forum in Florencewas to educate citizens and publicofficials about energy efficiencyopportunities. Promotion of the forumincluded outreach to community,university, and conservation members.

LWVSC History Research: Sheila

Haney has been traveling back and forthfrom Hartsville to Columbia once aweek for a couple of years nowgathering her research for a book on thehistory of the LWVSC. We have beenable to use some of the Ed Fund moniesto help with expenses of this research.Sheila is now in the process of draftingchapters. This will continue into thesummer. She hopes to get a draftchapter to the editor sometime thisspring! How exciting!

Judicial Reception: LWVSC helpedsponsor a reception to honor SupremeCourt Justice Sandra Day O’Connorwho spoke at the reception lastSeptember. Other jurists were honoredat the reception. The event’s mainsponsor was the SC Women LawyersAssociation, LWVSC’s partner on the2008 judicial selection forum.

Edgewood Documentary: A donationwas made from Ed Funds to support theproduction of the documentary film,“Edgewood: Stage of Southern History”by USC/Aiken. The film tells the storyof influential women who lived in the“Edgewood” house on the campus. Thestory of Eulalie Salley, suffragist andLWVSC founder who owned the housefor a time, is featured.

PMP for MALs: Of course, LWVSCalways uses Ed Fund monies to pay forone-half of the Per-Member-Paymentfor our Member-at-Large folks.

Your Tax-Deductible Donations to LWVSC at Work!By Dianne Haselton, LWVSC Treasurer

REMINDER FROM LWVUSFair Judiciary: Law Day Is May 1, 2010

The League of Women Voters is anofficial alliance member of the AmericanBar Association’s Law Day, May 1, 2010,“Law in the 21st Century: EnduringTraditions, Emerging Challenges.” If yourLeague is interested in participating,please visit the ABA’s website for moredetails. Also please let the League’sSpecialist on the Judiciary and the CourtsDavid Ward (dward@lwv.org) know if yourLeague is planning an event.

★ 11 ★Website: www.lwvsc.org Join the League today!

Thanks to all who make the League’s work possible through their generous donations in 2009-2010. We depend on thegifts of those people who support the League beyond their membership dues. Gifts of all sizes are very much appreciated.We will spend your money wisely.

Grassroots Club LeaguePeggy Appler LWV of Charleston AreaAgnes Edwards LWV of Georgetown CountyJane Ferguson LWV of Florence AreaJudith Frey LWV of Charleston AreaBetty George LWV of Hilton Head IslandDee Goforth LWV of Spartanburg CountyDianne Haselton LWV of Clemson AreaLynn Hornsby Member at Large - Rock HillVirginia Imershein Member at Large - Salem SCAngelica Lopes LWV of Columbia AreaJane Pulling LWV of Charleston AreaShan Rose LWV of Columbia AreaJanie Shipley LWV of Clemson AreaBarbara Swift LWV of Hilton Head IslandJudith Thompson LWV of Columbia AreaMichelle Turner LWV of Charleston AreaMackie Walker Member At Large - AikenLoretta Warden LWV of Hilton Head Island

Voters Club LeagueAmy Armstrong LWV of Georgetown CountyMartha Barkley LWV of Charleston AreaKeller Barron LWV of Columbia AreaPeggy Brown LWV of Florence AreaNancy Cherry LWV of Hilton Head IslandMary Lynn Conway LWV of Spartanburg CountyKathleen Ellis LWV of Spartanburg CountyCindy Floyd LWV of Charleston AreaCynthia Flynn LWV of Columbia AreaVirginia Ghirardelli LWV of Hilton Head IslandCharlotte Hallberg Member At Large - Rock Hill Shayna Howell LWV of Charleston AreaSharon Jacenko LWV of Columbia Area

Voters Club (cont’d) LeagueRobin Kimbrough-Melton LWV of Charleston AreaRebecca Lambert LWV of Greenville CountyJane Lawther LWV of Columbia AreaAnn Maletic LWV of Columbia AreaDon and Mary Miles LWV of Spartanburg CountyKaren Mitchell LWV of Spartanburg CountyNancy Moore LWV of Charleston AreaFelicia Pascal LWV of Hilton Head IslandEllen Reneke LWV of Clemson AreaSusan Richards LWV of Charleston AreaLeonette Slay LWV of Columbia AreaLaurel Suggs LWV of Columbia AreaHolley Ulbrich LWV of Clemson AreaBetty Wiggins LWV of Darlington County Deborah Williamson LWV of Charleston Area

Consensus Club LeagueEthel Brody LWV of Columbia AreaCarole Cato LWV of Columbia AreaSuzanne Rhodes LWV of Columbia AreaChester Sansbury LWV of Columbia AreaCoastal Community Foundation

from the Harriet & Herbert Keyserling Endowment

Action Club LeagueEleanor & Bill Hare LWV of Clemson AreaSarah Leverette LWV of Columbia AreaBarbara Moxon LWV of Columbia AreaCoastal Community Foundation of SC

from the Alanson & Billie Houghton Fund

President’s Club LeagueJoanne Day LWV of Columbia AreaBarbara Zia LWV of Charleston Area

THANKS FOR THE SUPPORT:Our 2009-2010 Member Contributors

IMPORTANTLEAGUE DATES:

April15th Thursday, Tax Deadline19th-25th

National Volunteer Week 22nd Thursday, Earth Day24th Saturday, LWVSC Council, St. Paul’s Lutheran Church

Fellowship Hall, 1715 Bull St., Columbia

May1st Saturday, Law Day4th Tuesday, 9:30 a.m. - 9:00 p.m.,

Annual Conservation Lobby Day, Columbia

May (cont’d)8th Saturday, Last day to register to vote in June 8

primary election

June3rd Tuesday, Second regular session of the

118th South Carolina General Assembly adjourns8th Tuesday, SC Primary Election Day11th-15th

LWVUS Convention, Atlanta, GA

LEAGUE OFWOMEN VOTERS

l

★ 12 ★

Nonprofit Org.U.S. Postage

P-A-I-DColumbia SCPermit #1365

LWV SC VoterPost Office Box 8453Columbia, SC 29202

The SC VoterSpring 2010

Volume 61 Issue 4

Established in 1951, the League of WomenVoters of South Carolina is a nonpartisan,political organization that encouragescitizens to play an informed and active rolein government. At the local, state, andnational levels, the League works toinfluence public policy through educationand advocacy. Any citizen of voting age,male or female, may become a Leaguemember. All members receive the NationalVoter, the SC Voter, and a newsletter fromtheir local League.President: Barbara ZiaEditor: Laurel SuggsPublished by: The League of Women

Voters of SCPO Box 8453Columbia, SC 29202Phone & Fax:(803) 251-2726Website: www.lwvsc.org

Website: www.lwvsc.org Join the League today!

SC League Leaders Attend LEGISLATIVE ADVOCACY DAY February 23, 2010