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This Land Is Your Land?

user@domain.com — 2013-02-13T13:13:18-07:00

Restoring our right to access Utah’s rivers and streams...

Was a great high wall there, that tried to stop me,
Was a great big sign there says “private property”,
But on the back side, it didn’t say nothin’,
This land was made for you and me.
- Woody Guthrie

I just received word of a rally this coming Friday in Salt Lake concerning the public's right to access Utah's waterways, an issue I've been following for the last few years…

HB 141 Public Waters Access Act

I've often wondered why we allow our politicians to attach ambiguous titles to bills with the intent of clouding it’s actual purpose. This act should have probably been titled the "Public Waters Non-Access Act" as it closed off access to over 400 of Utah's waterways.

There is a long standing tradition in this country that our waterways are considered public property and, as such, our right to access and use these waterways for recreational purposes are protected. There is also an implied "public easement" right to travel these public waterways, even on foot. This public easement is under attack in the State of Utah where we may lose the right to canoe, fish, tube, hunt, and engage in other river based recreation where "wading" or "porting" is necessary.

Here's a little background information on this bill:

In 2000 a Utah couple, Kevin and Jodi Conatser, were cited for trespassing while wading the Weber River on a section that passed through privately held land. It should be noted that the Conatsers accessed this section of the river by raft and DID NOT leave the river bed while wading. They appealed this trespassing citation all the way up to the Utah Supreme Court where their right to access (including walking the river bed) was upheld. For more information, access the timeline on the Utah Stream Access Coalition website.)

In 2010, Utah representative Kay Mciff (Richfield) composed a bill (HB 141) that effectively negated the Supreme Court ruling by creating a new law prohibiting the public from wading rivers while recreating in areas where waterways passed through privately held lands. While drafting this bill, Mciff apparently ignored the fact that these access rights had been upheld by previous court decisions and that private lands were already protected by existing trespass laws; recreational users are prohibited from crossing the high river mark which is considered the point where "public property" ends and "private property" begins. Even though it was apparent that this bill might not stand up to a constitutional court challenge, the Utah Legislature passed it anyway (no surprise there).

At the time that this legislation was proposed, the Ogden Standard Examiner ran a well researched editorial on the issues surrounding HB 141, and in particular the question of easement: Legislative Rhetoric And The Demise Of The Right To Recreate On Public Waters

How Things Stand Today

Compromise language has been proposed to amend (replace?) the law to make it pass constitutional muster and still protect the rights of both property owners and the public. Representative Dixon M. Pitcher is apparently introducing a new "Public Waters Access Act" similar to a law in Idaho that has been in effect for over thirty five years; a law that protects the land owner AND the public right to access public waters. This would be the simplest and, in my opinion, the best solution. A recent article from the Salt Lake Tribune does a good job of covering this “compromise bill”: Bill: Reopen Streams To Public

There are also two pending court challenges contesting HB 141, the first of which addresses the constitutionality of this law. One illuminating part of the write up points out that private developers are selling luxury homes with the idea of offering buyers private access to "blue ribbon" fisheries courtesy of the State of Utah; an elitist concept that I find particularly repugnant. You can find a detailed summary of this constitutional challenge on the Utah Stream Access website.

The second lawsuit seems to take an approach straight out of the Republican play book: invoke an archaic law from the 1800s and force the legislature to address seemingly conflicting laws that are still in effect. This lawsuit attempts to show that Utah's rivers have been used historically as a "highway for public commerce and recreation" and therefore public easement rights are protected under the "Utah Public Trust Doctrine". This is an attempt to restore the public easement even if the 2010 law (HB 141) survives it's constitutional challenge (which I’m hoping it doesn’t). Once again, the Utah Stream Access Coalition provides a detailed summary of this commerce challenge.

The Salt Lake Tribune also covered the "Public Trust Doctrine" angle, but I feel it was somewhat negligent in that it failed to even mention that under US law navigable rivers are considered public property up to their high water mark: Utah Anglers, Boaters Use 1800s Law To Fight 2010 Waterway Law.

Mciff Strikes Back

In response to the second lawsuit, Rep. Kay Mciff (an attorney) has now figured out a way to circumvent the courts by introducing yet another bill (HB 68) that limits the "Utah Public Trust Doctrine" to "current enacted laws"; effectively hamstringing this "Public Trust Doctrine". Mciff's intent seems to prevent legal challenges to laws pertaining to the Public Trust Doctrine even if those laws appear unconstitutional. Although Mciff's intent appears to be directed at the stream access issue, his new bill could affect future challenges pertaining to other aspects of the Utah Public Trust Doctrine.

My Take

In Utah, whenever the rights of the public appear to conflict with the rights of property owners, the public almost always loses. Utah law appears to negate 150 years of water use law and could even be used as a model for attacking the the right to river access in other states. This is one fight we can't afford to lose. Let your voices be heard by contacting your representatives.

If possible, also attend the rally this coming Friday (2/15) to help raise public awareness on this issue: Utah Rally For Public Water Access.

- Mike Iverson

Further reading:

OUR VIEW: Streams belong to taxpayers - Ogden Standard Examiner - 03/15/2010

Utah Stream Access Trouble - Legislature is at it again! - Bryan Gregson Photography - 01/17/2013

USAC action against HB68/HB141 - UtahWildlife.net - 01/30/2013

ANWR: Should we or shouldn't we...

user@domain.com — 2012-02-08T19:14:22-07:00

Now I used to think that I was cool
Running around on fossil fuel
Until I saw what I was doing
Was driving down the road to ruin

- James Taylor "Traffic Jam"

I received an email today from a family member who wanted my opinion on the question of oil development in the coast region of the Arctic National Wildlife Refuge (ANWR).

I hadn't really looked into this issue as I thought the decision to "not drill" was made long ago; it appears I was wrong. This issue is still being debated and a hugh propaganda campaign is now being waged to open up the coastline of ANWR for drilling.

It wasn't easy, but after an exhaustive internet search I finally found a relatively impartial analysis from the Arctic Institute's Center for Circumpolar Security Studies. This article boiled down the debate to one real question: "how much risk is acceptable to produce energy in the High North?"

Here are some talking points from the article:

1. "Currently, the TAPS oil pipeline is nearing the lower limit on throughput and pace of offshore development may be too slow to keep the flow of oil up."

Unless more regional oil reserves are developed, the Alaskan pipeline will not be profitable enough to justify it's own existence. Opening part of ANWR to drilling would provide a short term solution to this.

2."ANWR boasts pristine wilderness, one of the last undeveloped regions in the United States, with a large migratory caribou area."

Are we, as a people, willing to sacrifice what might be the last piece of undeveloped wilderness left the United States? I can't speak for the rest of the country, but I find this to be the most compelling reason to not drill. To quote Joni Mitchell, “you don’t know what you’ve got ’til it’s gone”...

3. "State interests are inexorably connected to production of oil and gas resources in Alaska, with over 85% of state budget attributed to petroleum revenues."

The land in question is held in trust by the Federal Government for all U.S. citizens, this is not just an Alaskan concern. The state of Alaska obviously wants to drill as the vast majority of their money comes from the oil industry. Because of this, I will be skeptical of any information coming from Alaskan politicians who will want to turn this into a “states rights” issue. Obviously, we should also be wary of any information coming from the fossil fuel industry who will spin the debate toward prioritizing short term profits over any long term effects oil development might have on the environment (or even the energy industry itself).

4."As Arctic development increases, and the U.S. establishes its own procedures for accessing resources, Arctic member states will look to U.S. success, or failure, for precedents. The U.S.’ pledge to promote sustainable development will have no leverage should the United States irreversibly damage the Alaskan environment."

Drilling could prove to be counterproductive to our foreign policy. The U.S. is trying to establish it’s position as a world leader in “green” technology, and is therefore actively trying to convince counties (China, Russia, etc.) to become more environmentally responsible. Does drilling ANWR make us appear to be hypocrites?

So what do I think? Both sides of this debate have merit and the final decision is one we cannot afford to jump into hastily. This isn't a one issue problem; environmental, economic, and foreign policy considerations must be carefully studied and weighed, one against the other, before moving forward with any new federal policy.

From a political standpoint, development of the ANWR oil reserves may be unavoidable, but we must make sure the process is done with sufficient regulation to avoid damaging the ANWR ecology or our global standing as a leader in environmental responsibility; we can't afford another Exxon Valdez…

Mike Iverson

Recommended reading…

My Turn: DNR's Unfortunate Mission Change

Will Drilling ANWR Ease The Oil Crisis?

How many of us actually "celebrate" Labor Day?

user@domain.com — 2011-09-06T01:51:21-06:00

It is we who plowed the prairies; built the cities where they trade;
Dug the mines and built the workshops, endless miles of railroad laid;

Now we stand outcast and starving midst the wonders we have made;
But the union makes us strong.

- Solidarity Forever by Ralph Chaplin

I've been spending so much time working on my progressive clawhammer project that I almost forgot to write something about Labor Day!  I would be neglecting my "folksinger's perspective" on things if I let this day slip by without mentioning it...

I may be mistaken, but I believe that few of us actually think about "labor" on the one day set aside each year to celebrate all that we, as a society, have gained from the labor movement during the last hundred years or so.  As a child, I remember asking my mother what, exactly, it was that we were supposed to be celebrating; I ended up more confused than before I asked the question!

Not only have we apparently forgotten that Labor Day is all about celebrating unions, we eventually managed to kill off the parades and public events that used to be a part of this holiday.  How did this happen?  I'm pretty sure it was a calculated act designed to slowly erase this holiday's "union" origins, the idea of which so many find to be uncomfortable, if not down right threatening. Eliminate the parades and festivities and you effectively “pull the plug” on labor unions involvement in the national holiday created in honor of them; a pretty effective plan!

Have we forgotten just how bad things were before unions? It sometimes seems so. One good example can be found in the area of child labor.  Pete Seeger, in his book Carry It On, quotes the following from Mother Jones' autobiography:

"At five-thirty in the morning, long lines of little gray children came out of the early dawn into the factories, into the maddening noise, the lint filled rooms. Outside the birds sang. At lunch half-hour, the children would fall to sleep over their lunch of cornbread and fat pork. They would lie on the bare floor and sleep. Sleep was their only recreation, their release, as play is to a free child. Often the little ones were afraid to go home alone at night. Then they would sleep on the floor."

Pete also gives an example of just how far the owners of these factories would go to justify their exploitation of children:

“They seem to be always cheerful and alert, taking pleasure in the light play of their muscles; enjoying the mobility natural to their age. The work of these lively elves seemed to resemble a sport in which habit gave them a pleasing dexterity.” - Textile employer, circa 1900

For those who think the fight for workers rights is a thing of the past, it is amazing just how quickly the gains of the last century and a half can be stripped away.  Just look what happened in Wisconsin earlier this year.  This is only the beginning of the war.  Soon others will follow Wisconsin's lead. I know this to be true as it's already happening in my own community...

Just a few months ago members of the Ogden City School Board stripped teachers of their right to collective bargaining.  Not only was the right to union representation taken away from these educators, the school board then issued an ultimatum demanding that teachers sign an non-negotiated contract or face immediate termination.

Unbelievable as it may sound, this same School Board recently appointed one of their own members (one of the architects of the draconian anti-union policy) as the new Ogden City School District Superintendent; an individual with no prior experience in education or administration.  Without union representation, who is there left to protect the rights of the teachers?  The voters?  I'm hoping they can set aside their apathy long enough to vote out the entire School Board in the next elections.

"The best argument against democracy is a five-minute conversation with the average voter." - Winston Churchill

"People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public...” - Adam Smith

Solidarity Forever...

Mike

9/7/11 Update:

Two days after posting this blog entry, the Ogden School District made the front page (again) of the Ogden Standard Examiner. I appears that the American Federation Of Teachers is questioning the legality of Brad Smith’s appointment to the position of District Superintendent. The article raised a number questions regarding the legality of this appointment, but the most compelling argument seems to revolve around a requirement that job openings be publicly posted unless hiring an existing district employee. The OSD claims that Smith was already an employee of the district, but if this were the case, wouldn’t this prevent his serving on the School Board based on a conflict of interest?

To answer this question, I did a quick internet search for criteria that would make a candidate ineligible to seek a position on a School Board. I found that most (if not all) states have stringent rules stating that those seeking a seat on the School Board not be employed by either the district or the board (or be related to said employees). I can’t imagine a district teacher being allowed to serve on the board, so why should any other district employee be allowed to do so? The Ogden School District appears to be stating that Smith was eligible to serve on the School Board and, at the same time, was also an employee. You can’t have it both ways:

Brad Smith was either an employee serving illegally on the School Board (based on the criteria outlined above), or he was not employed by the district and therefore could not legally take the position of superintendent until the job position was publicly posted and an earnest search conducted for other qualified applicants

Kudos to the AFT! They are the only union with the backbone to stand up and fight for those who, in turn, have sacrificed so much to teach our children...

9/10/11 Update:

It’s amazing how quickly the “bullies” back down when their victims actually fight back! I just found out that the Ogden School Board has backed down on their “no collective bargaining” stance. Thanks to all who have helped, especially the AFT.

No thanks go out to the Ogden Standard Examiner who chose to ignore the news about the restoration of collective bargaining rights after previously editorializing in support of Smith (I had to hear the news from friends working for the school district).

In defense of the Standard, they haven’t completeIy stopped coverage of this issue. I read in today’s paper that the State School Board has granted a waiver to Brad Smith to allow him to carry on as superintendent, but added that any legal questions concerning his hiring will have to be resolved by the courts. That same issue also carried a story explaining that the State School Board has drafted plans to streamline the firing of teachers by the districts; the wording is suspect as it may lead to teachers being let go for reasons other than performance. Is the State School Board following the lead of the Ogden City School Board? If so, this is not a good sign of things to come...

Debut of the new Blue Sage Band...

user@domain.com — 2011-08-07T11:56:53-06:00

For years I’ve been trying to promote the idea of introducing clawhammer banjo into genres of music where it has never been heard before. I am now ready to “practice what I preach” and put the banjo front and center by tackling much more ambitious music on this instrument in my “live” performances.

On August 13th I will be debuting a new lineup of amazing musicians in the Blue Sage Band which will help me accomplish my dream...

I am honored to have such great players as Rob Ricks, Jake Workman, and Ken Sager willing to join me and my family in a special concert headlining the Weber County Fair on their grandstand stage this coming Saturday evening. We will be exploring a blend of bluegrass, rock, folk, blues, western, and jazz music, as well as introducing some original compositions.

To help make this project a success, we could use your help!

Download this flyer, attach it an email, and then send it out to anyone you know who might be interested attending this special concert.

Here are the details:

Saturday, August 13, 2011

8:00 to 9:30 pm

Weber County Fairgrounds - Grandstand Stage
1000 North 1200 West
Ogden UT 84404

For more Info visit the Weber Co. Fair Website or call (801)399-8798
Email: sskeen@co.weber.ut.us

Don’t miss what may very well be the first performance of a “newgrass” band fronted by a clawhammer banjo player!

Mike

A Good Time To Stay Home...

user@domain.com — 2011-06-10T17:03:01-06:00

The Iverson family made the front page of the local section of the Ogden Standard Examiner this last Thursday! Unfortunately, the article had nothing to do with our music...

Wednesday afternoon, Shauna and I headed out to get a little exercise by hiking the Indian Trail just east of Ogden City. It seemed the perfect day to get out; cool temperatures, blue skies, no clouds in sight, and just a ten minute drive to the 22nd street trailhead. We were “dog sitting” Heather's big golden retriever and decided to take him and our lab/vizsla mix along to keep us company.

We headed up the trail and had made it up over two ridges and all of the switchbacks, and were within a couple of hundred yards of the top, when the unthinkable happened. As Shauna was stepping over the roots of a pine tree, she placed her left foot a little too close to the edge of the trail and it collapsed. As the left foot slide off the trail, her right foot then buckled as she tried her best not to tumble down the side of the mountain. I ran back and Shauna said, very calmly, "I think I just broke my ankle". Turns out she had heard the bones snapping as she went down. I could tell by the way her right foot was dangling from her leg that it was a serious break. Lucky for us, we were high enough on the mountain to get cell service and I immediately called 911.

Earlier, as we were leaving the house, I'd asked Shauna where the cell phone was. She told me not to bother with it ("who are you planning on calling anyway?"), but fortunately I insisted on bringing it...

After making the call, I stabilized her leg and we then prepared ourselves for the two hour wait it would take for help to arrive. What we couldn't prepare for was the sudden change in the weather. There's a joke about Utah's backcountry that goes, "if you don't like the weather, wait a minute". We soon found out that it's no joke, it's the truth. Within ten minutes, black storm clouds came boiling up over the ridges to south at an unbelievable speed. We were soon drenched in a rain that quickly turned into sleet and hail. We had plenty of water, but contrary to our usual practice, we hadn't brought any warm or waterproof clothing.

Tee shirts and shorts are not ideal when seriously injured, wet, and stuck on a mountain in freezing temperatures! I was worried about hyperthermia and shock and was doing all I could to keep Shauna warm. Ty (our dog) seemed to know what was going on and was quietly laying against us, doing his part to help keep her warm as well.

We held on like this until the paramedics arrived, at which point I grabbed the dogs and headed on over the top to meet up with our daughter, Meghan, who had linked up with the search and rescue crew that I knew was coming in from the other trailhead (Ogden Canyon).

The Sheriff Department, Fire Department, and Weber County Search & Rescue were all amazing. They quickly put together a large team of men to pull Shauna off the mountain (we were at the highest point of the trail) and we own them all our heartfelt thanks.

About an hour after I made it down the trail, the rescue team showed up hauling Shauna in what appeared to be a high tech version of a hunter's "deer carrier” (the one with the singe bicycle wheel). We then made the trip to the hospital in an ambulance where we spent the night at the hospital with the surgeon putting her ankle back together. One titanium plate and nine screws later, Meghan and I were finally able to leave the hospital (sometime after one o'clock in the morning) and give Shauna a chance to get some rest.

Shauna is doing well, but still has to wait six weeks before she can even begin physical therapy. We appreciate the outpouring of love and concern that has come our way the last few days; it's good to know that you are loved...

A Good Time To Head South...

user@domain.com — 2011-06-01T00:46:17-06:00

While the folks back home were dealing with torrential downpours, my family and I were having a great time enjoying the Torrey Cowboy Music & Poetry Festival and the incredible scenery of Capital Reef National Park. What could be better than four days of music, hiking and Utah's red rock country?

We started off Memorial Day weekend at the Torrey Cowboy Music & Poetry Festival where I had the honor of backing Brenn Hill for a few songs at the end of his set Friday evening. It continued to get better as I reacquainted myself with old friends and made new some ones on Saturday. Blue Sage was joined by our good friend Ken Sager on mandolin for our set on Saturday night and the folks of Torrey were more than appreciative.

The day after the festival ended, we headed a little North East of Torrey to do some exploring around Goblin Valley. We started off by hiking a slot canyon (Crack Canyon), which turned out to be the perfect match for our abilities; if it were any tougher we might not have been able to make it back out again!

After Crack Canyon, we headed south to Goblin Valley. I guess it's officially called "The Valley Of The Goblins", but everyone who grew up in Utah calls it "Goblin Valley". We found ourselves in some of the most fascinating geography found anywhere on Earth.

All in all it was a perfect weekend with great music, great folks, great festival, and great hiking in the spectacular country found in Southern Utah's backcountry...

Master Artist... Steve Johnson

user@domain.com — 2011-04-02T17:02:47-06:00

Last night I had the pleasure of providing some background music for one of the venues featured in the First Fridays Art Stroll held in downtown Ogden.

The Timberlodge Collection (2214 Washington Boulevard) managed to get hold of a significant number of master artist Steve Johnson’s paintings to hang for the “stroll” and had asked Steve for some ideas for music; my name came up...

During the course of the night, a number of old friends dropped by. At one point in the evening I spotted Dale Pendleton, who will soon be ninety, dancing with one of his granddaughters! He’d stopped by to give me a CD he’d recorded. As a young man, Dale had learned a number of his dad’s fiddle tunes exactly as his father played them; double stops and all. This is a real treasure as it’s the equivalent of having a tape player running a hundred years ago at a dance up in Wanship or Coalville. I’m hoping Heather will learn some (if not all) of these tunes just as Dale’s father played them.

A very nice evening spent with good folks and with great art showcased in the perfect setting. If you’re not familiar with Steve Johnson’s work visit his website, or better yet, drop by the Timberlodge while Steve’s art is still hanging and see it for yourself!

The New Website...

user@domain.com — 2011-03-25T15:18:57-06:00

Today marks the official launch of my new website, which I hope will give you a glimpse of my life and, more importantly, my music.

For the last few years, I’ve been feeling the need for an image “makeover” of some sort. When I’ve mentioned this to friends, they thought I was considering reinventing my music, but my music is an extension of who I am and there is no way I could ever change this. What was needed was a new approach to how I promote my music.

I’ve always loved folk music that is grounded in the western experience, but event promoters just couldn’t seem to get past the cowboy hat; they were blinded by the “Hollywood Cowboy” stereotype and couldn’t grasp the idea of a “western” equivalent to bluegrass music. I hope this website will make it clear that my music encompasses many styles of music and might best be described as “Newgrass”, which is slightly ironic for someone who is best know for clawhammer banjo, an instrument that is pretty much only associated with “old timey” music. Which leads me to the second reason this website exists...

The other great passion of my musical life revolves around my version of “missionary work”: spreading the “word” that clawhammer banjo can fit into any musical genre and is not just limited to “old-time” music. My clawhammer banjo teaching page has gone a long way toward achieving this goal, but this new site will give me a chance to take it even further with articles, reviews, videos, sound files, and instruction.

Those who know me well, know that I’m somewhat opinionated and not shy about sharing those opinions. With this in mind, I’ve included a section entitled “A Folksinger’s Opinion”. I’ve put some limits on my editorializing by restricting myself to subjects I can tie into folk music (note: my personal FaceBook page is exempt from this rule!). As folk music has traditionally tackled such subjects as politics, religion, philosophy, and social injustice, these “limits” might not mean all that much...

All this being said, welcome to my world... Mike Iverson

Just how stressful can 45 seconds be?

user@domain.com — 2011-03-12T20:15:30-07:00

Two stressful gigs in one week!

First the Thursday show with Brenn Hill, and then yesterday morning I received a call from a wedding in need of a solo mandolinist. Apparently the bride’s only request was the theme from the movie “Corelli’s Mandolin” to use as her processional music. I was tempted to pass on this gig but knew they wouldn’t be able to find another mandolinist at the last minute and I didn’t want to let down the bride.

I downloaded the song and proceeded to transcribe the piece. I soon realized I might be in over my head; a meter that kept shifting between 6/4 and 4/4, difficult fingerings, and a melody that bordered on the atonal. I arrived at St. Joseph’s this morning, set up my Fishman solo amp (which is an awesome small PA system), and slipped into a back room to practice. It didn’t help my confidence that the prelude music was being nailed by a great string quartet, a fabulous organist was following me, and the person who booked me (the brother of the bride) plays for the Utah Symphony!

Fortunately the Lord took pity on the bride and helped me get through the song without any noticeable mistakes. Her brother made my day when he told me the bride broke into tears when she heard my mandolin!. I told him that a miracle had just taken place and was considering converting to Catholicism!

I know this type of gig helps me grow as a musician, but it gives me a few new grey hairs each time I take one on...

Playing Bella's with Brenn...

user@domain.com — 2011-03-10T19:52:14-07:00

What a night! Good crowd, good food, and (hopefully) good music. Brenn’s fans came out in mass for this show at Bella’s Mexican Grill and set the stage for an intimate evening where we received as much as we gave. It was great seeing so many familiar faces in the audience.

I was actually pretty nervous about this show as Brenn was having some vocal issues and his doctor recommended lowering the pitch of his songs. To accomplish this, Brenn dropped the tuning of his guitar down a whole step. That left me scrambling to relearn the songs. The bluegrass banjo and guitar songs were easy; just a move of the capo. The mandolin required learning the songs in new keys and I had to take some of the clawhammer tunes into completely new tunings! Considering all the changes, we managed to get the job done. Of course it helps to have great material to work with and Brenn’s songs are among the best I’ve ever heard.

I’m looking forward to our next show...

Mike