COLUMBIA -- The Water Law Review Committee is
expected to recommend two state agencies continue to play the key
role in determining water policy between South Carolina and North
Carolina.
The committee, formed by Gov. Mark Sanford, says the agencies are
playing a key role in the relicensing process for five dams in North
Carolina, which control the flow of water into the Great Pee Dee
River. And because of that role this is where the state's focus
should continue to be.
The state Department of Natural Resources and the Department of
Health and Environmental Control are both negotiating with North
Carolina and federal officials to ensure an adequate flow to the Pee
Dee.
The dams on the Yadkin River in North Carolina are up for
relicensing by the Federal Energy Regulatory Commission in 2006.
The relicensing issue took on added urgency in 2002, when a
severe, five-year drought reduced the Pee Dee to a shallow stream.
Some North Carolina officials have argued that South Carolina
agencies, in particular DNR, should not be involved in the
relicensing negotiations. The agency has argued that minimum flows
of water from the Yadkin River reservoirs are needed to protect
aquatic life and to prevent salt water intrusion into the rivers
near Georgetown.
"They question whether FERC should be concerned about salt water
intrusion," Hank Stallworth, a DNR spokesman, said at Tuesday's
meeting.
The committee voted to make several recommendations to Sanford
regarding water laws in South Carolina, including the
recommendation to keep DNR and DHEC involved in the negotiations
with North Carolina.
The committee also will recommend to Sanford that he negotiate a
water compact between South Carolina and Georgia, to ensure adequate
water flow into the state during periods of drought.
State officials have been particularly concerned about the flow
of water on the Savannah River and about the consumption of
groundwater in Atlanta.
The committee will now begin drafting its final report to
Sanford. Complicating the report is the complexity of South
Carolina's water laws.
South Carolina operates under a "Reasonable Use" Riparian Law
System. The state's original water law came with the early settlers
from England and, through the years, common law was the basis for
how water quantity problems were resolved.
It has been amended to some degree by both the courts and the
General Assembly, but with substantial and ever increasing use and a
static supply, changes are necessary.
The governor's committee is made up of members of industry,
municipalities, state agencies and legal professionals. The
diversity of the group created some concern when it formed about
whether it could come to agreement on many issues, but Tuesday's
meeting showed agreement from all members on nearly every issue.
"Clearly it's a really diverse group," said Rep. Marty Coates of
Florence. "We all have individual interests that we represent, but
in the end, what we want to recommend to the governor is a good
water law that's good for the entire state."
The governor's Water Law Review Committee will meet in January to
review the draft of the governor's recommendations.