Water-transfer settlement imminent

By: Sharon McBrayer | Morganton News Herald , Ragan Robinson | Morganton News Herald
Published: January 19, 2010

Morganton --

Local cities and counties could settle a water-transfer lawsuit tonight.
Burke County commissioners, the Morganton City Council, the Valdese Town Council and Hickory City Council are all expected to agree individually to a settlement.
The agreement would put an end to an appeal challenging a water transfer from the Catawba River to Concord and Kannapolis.
Burke County Manager Ron Lewis said he plans to talk to Burke County Commission Chair Bruce Hawkins this morning and recommend commissioners bring the lawsuit to a conclusion by accepting the settlement.
Lewis said both sides have mutually agreed to certain conditions, and he will recommend the county accept the conditions and settle the lawsuit in a manner that is mutually acceptable to both sides.
"I think there was some give-and-take on both sides," Lewis said.
A settlement would likely still allow Concord and Kannapolis to take some water from the Catawba River, although it would allow them less in a drought situation, said Hickory City Councilwoman Sally Fox.
Hickory Mayor Rudy Wright said the appeal, which involves attorneys and expert witnesses, has been expensive since it was filed in 2007.
"I would say that all the parties involved have probably spent well into the seven digits," he said.
The Protect the Catawba Coalition includes 22 cities and counties along the Catawba River. The group appealed the water transfer plan after the N.C. Environmental Management Commission granted Concord and Kannapolis permission to pump a maximum 10 million gallons daily out of the Catawba River.
The Catawba Riverkeeper Foundation appealed the decision, as well, and consolidated its case with the coalition's suit.
The South Carolina Attorney General also filed an appeal in the U.S. Supreme Court. It challenges North Carolina's power to move water out of the Catawba River before the river flows into South Carolina.
The South Carolina action slowed the local appeal, which has been in the discovery phase for more than a year.
Mediation is under way for the parties in North Carolina, which include the coalition, the Riverkeeper Foundation, the state and Concord and Kannapolis. Wright would not say mediation is complete.
Coalition members who do not agree to the settlement and want to continue the fight would have to take on the responsibility for the entire appeal, including the cost, Wright said.
In 2006, more than 1,000 residents of the greater Hickory area showed up to public meetings to protest the water transfer plan. It originally requested more than double the 10 million gallons of water the state granted Concord and Kannapolis permission to take.
Much of the outcry was because Concord and Kannapolis are not in the Catawba River basin, meaning creeks and streams there don't empty into the Catawba, but into the Yadkin and Pee Dee rivers instead.
Burke commissioners will hold the regular meeting tonight, starting at 6 p.m., in the General Services Building on North Green Street. Commissioners will likely take up the issue during closed session after the regular meeting concludes. Commissioners would come out of closed session to vote on the issue.
Valdese Town Manager Jeff Morse said the town council will meet at 10 a.m. at Town Hall to discuss the IBT and make a decision. He said because it is subject attorney-client privilege, no one is able to reveal what the discussion will involve.
In October, Gov. Beverly Perdue appointed Morse to the state's Environmental Management Commission. Because of that, Morse said Valdese Mayor Jim Hatley has been attending meetings on the issue without him. If the issue ever comes before the environmental commission, Morse said he will abstain from voting.
Morganton Mayor Mel Cohen wouldn't confirm that a special-called meeting at city hall at 4 p.m. on Tuesday is about the IBT lawsuit.
Hickory City Council will meet at 7 tonight at City Hall.

Water-transfer settlement imminent

Share This:

More from this channel:

Reader Comments

Deal of the Day

Most Popular

More Ways to Connect

Reader Photos» Browse More

Things to Do