Farmers, Activists Stand Against Pipeli

GRAND ISLAND, Neb. (DTN) -- When the first proposed corridor for TransCanada's Keystone XL pipeline was announced, Fullerton, Neb., farmer Jim Tarnick's land was left unaffected.

That changed in the newly proposed route. It would go around Nebraska's environmentally sensitive Sandhills -- but smack dab through Tarnick's land.

The face of his farm could change forever if the Obama administration approves the controversial 875-mile pipeline, Tarnick told DTN following his testimony during what was at times a contentious U.S. Department of State hearing on the project Thursday in Grand Island, Neb.

Tarnick was one of more than 100 people who testified on a draft environmental impact statement that will be finalized as the federal government considers approving the project. The public comment period ends Monday. U.S. Secretary of State John Kerry is not expected to make a decision until this summer. Republicans in Congress are pushing the administration to move quicker, or simply pass a law to circumvent administration approval.

Various interest groups were bused in to testify for or against the project, including industrial pipe-fitters unions. The audience was at times dominated by a group calling itself "Pipeline Fighters" consisting mainly of farmers and ranchers along the pipeline route. Others such as Arkansas residents affected by the recent Mayflower Exxon oil spill testified, as did environmental activists.

In addition, several Native American tribes testified that the federal government had violated various treaties in considering a pipeline that traverses their historical lands.

Although U.S. Department of State official Teresa Hopgood implored the audience to respect others and allow them to testify, Hopgood had to continue to give reminders throughout the day as pipeline opponents in the audience often heckled pipeline supporters.

"Pipeline Fighters" wore red-and-white T-shirts and would stand as a show of unity when pipeline opposition testimony was given. Many of the group's testifiers used words such as "environmental holocaust" and "genocide" when describing Keystone.

TURNING UP HEAT

Once the new route was announced, Tarnick said TransCanada began turning up the heat to convince him to sell parts of his farm or face loss of his land by eminent domain.

The new route crosses some 320 acres of Tarnick's farm on two separate quarters. If the pipeline goes through, the construction would tear out shelter belts he constructed for his cow-calf operation. There are a variety of Natural Resource District projects completed on his farm in the past 25 years that would be affected by the project, he said.

The pipeline would travel through a 160-acre irrigated field where Tarnick grows corn and beans. The farm has been in the family for about 130 years after the Tarnicks established a farmstead in Nance County.

"Prices were good," he said. "They wanted to survey my land. First they offered me $600 then $1,200. They threatened me with eminent domain. I'll fight them. I won't give up for something I don't believe in.

"The way the pipe would run, nothing would grow over it. Also, if and when there is a spill, my land would be worthless. And yet with the pipeline, that risk falls on me. I have one quarter pivot and I can't move our pivot. I could lose about 70 acres of production."

In all, Tarnick said he would permanently lose about 10 to 12 acres of cropland.

"To me, it's not about the money," he said. "I would always have to live with distress with what happens with the pipes in the ground.

"I'm still hopeful. The president has said in the past five years that he would want to leave a legacy. He wanted a clean legacy. This is his test. I really feel that as long as this is in the president's hands we have a chance," Tarnick said.

John Swertzic, a Fullerton, Neb., farmer and neighbor of Tarnick's, said although the pipeline would not affect his farmland directly, he has irrigation wells about 50 to 75 yards from the pipeline route.

Water is so hard in his area Swertzic has to pull water pipes every few years to make sure there are no leaks. So the idea of having an oil pipeline in the area raises concerns.

John's son, Jason, said, "Our water is our livelihood. You're speaking to deaf ears with TransCanada."

The Swertzics have pasture, corn, beans and alfalfa and have fought high nitrates in their groundwater for years.

"We hope the president listens to us," John Swertzic said.

PIPELINES SAFE

Andy Black, president and CEO of the Association of Oil Pipelines, said allowing oil to be transported via truck or rail is a bigger risk.

He said Keystone will be one of the "safest" pipelines operated.

In 2012 about 13.5 billion barrels of oil was transported through pipelines and reached its destination 99.9999% of the time in the U.S., Black said.

"An accident is 1,000 times more likely to occur by truck," he said. "When compared to other modes of transport, pipelines are by far the safest."

Nebraska rancher Randy Thompson, who has been front and center often as a public face of the opposition to the Keystone pipeline, said TransCanada should apologize for threatening landowners with eminent domain.

"I think it's only fitting that we have this hearing held in Nebraska, as we are among those with the most to lose and the least to gain," he said. "Many of us have had to fight long and hard to stop the Keystone XL pipeline.

"We offer no apologies for defending our homes and our families. We will not apologize for defending our individual property rights granted to us by the U.S. Constitution. We will make no apologies for criticizing our elected officials," Thompson said. "Perhaps apologies should come from TransCanada for the way they've treated Nebraska landowners, and apologies with how they represent this project."

Jane Kleeb, founder of BOLD Nebraska, one of the groups opposing the project, said the Obama administration needs to make the right decision.

"We know these are good jobs," she said. "What TransCanada wants to put through the pipeline is not good for our families. We assume the risk for the rest of our lives."

Kleeb said there needs to be a comprehensive analysis on how the project could affect groundwater and landowner rights.

"When a spill happens, we won't be able to sell that land," she said. "This is land that has been in families' hands for over 100 years. When a bulldozer comes, we will stand here to say 'no.'"

Rick Hammond, Hamilton County farmer with property along the pipeline route, said he has seen what pipelines can do to farm land.

"I have two miles of natural gas pipelines on my property," he said. "I can tell you the land is never the same. They tell us it's good for us, but in truth this project is for human greed; all we get is the risk.

"Three times we have been threatened with eminent domain," Hammond said. "The scar is not just on our land but on the conscience of all of us."

Todd Neeley can be reached at todd.neeley@telventdtn.com.

(CC/AG)

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