Posted on Mon, Jan. 08, 2007

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S.C. ready for water war with N.C.

State will file lawsuit if N.C. cities win permission this week to draw water from Catawba River

By MARJORIE RIDDLE

mriddle@thestate.com

South Carolina could file a lawsuit against North Carolina as early as this week if a Tarheel state agency approves a plan to remove millions of gallons of water a day from the Catawba River.

S.C. Attorney General Henry McMaster has threatened to sue if the N.C. Environmental Management Commission approves a request Wednesday from two N.C. cities to withdraw up to 36 million gallons a day for drinking water from the Catawba River. The two cities propose to dispose of treated wastewater into another river basin that flows into the Pee Dee River.

McMaster said he will meet with N.C. Attorney General Roy Cooper today to discuss a possible interstate compact to resolve the Catawba dispute and future water issues.

“States who share water need to develop plans and procedures for handling their growth and water resources so as not to adversely impact each other,” McMaster said.

“If the (Environmental Management Commission) approves the transfer under any circumstance, we will bring the lawsuit.”

But N.C. commission chairman David Moreau said it’s too late to consider an interstate compact to resolve the Catawba issue.

“It’s a very long process,” he said. “It would take years of negotiation to bring the compact about. We’ve delayed the decision twice and held two very large public meetings to gather additional information. We’ve heard what people have to say.”

The N.C. commission is acting on the proposal because water would be withdrawn from parts of the Catawba in that state. S.C. officials and residents along the 11 lakes fed by the Catawba worry the withdrawal would put them in earlier and more severe droughts and also hurt water quality.

Moreau said his recommendation is to remove a maximum of 10 million gallons a day from the Catawba River and 10 million gallons a day from the Yadkin River for drinking water for Concord and Kannapolis.

“It’s not going higher than 10 million gallons from each basin,” Moreau said.

But Rick Noble, chairman of the Wateree Homeowner’s Association in Fairfield County, said that figure could be a slippery slope.

“The 10 million gallons sound good on the surface compared to the 36 million gallons, but it’s like putting a straw into a drink,” Noble said. “It doesn’t preclude them from taking more out once the transfer is there.”

Duke Energy, which manages the lakes along the Catawba River chain to produce hydropower, said in an Oct. 25 letter it opposes the Catawba proposal.

South Carolina and other Southeastern states are starting to deal with the water issue —prevalent for years in the western United States — because more people are moving into the region and future water availability is a concern, McMaster said.

While additional counsel and money have not been set aside for a lawsuit, McMaster said both are possible if South Carolina must go to the U.S. Supreme Court — the forum to resolve disputes between states.

“We’ll file the lawsuit because as our state grows, thrives and prospers, it is absolutely essential for the quality of life in every arena to have ample water.”

Reach Riddle at (803) 771-8435.