Ridenbaugh Press/Water Rights

Legal spokesmen for the top state attorneys in North and South Carolina say they could be close to an agreement that would end the three-year battle over the Catawba River, which runs through both states.

Attorneys general in both states, who sometimes have been sharp-tongued on the issue, said that an agreement probably was no more than weeks away.

Concord and Kannapolis have backed off.

Those two North Carolina cities have sought to draw a massive amount of water from the Catawba and Yadkin rivers, and a state board in 2007 said they could divert as much as 10 million gallons daily. That prompted a massive dispute not only in the state, but also in South Carolina, into which the Catawba/Yadkin flows.

Now it has prompted a regional settlement on the withdrawal.

The cities still will draw from the river, but no more than six million gallons ordinarily, up to nine under specific circumstances. Officials around the area decided to take the deal. [see Charlotte (NC) Observer, January 20]

The Catawba Riverkeeper, a key participant in the activity around the withdrawal, had this statement:

The main points of the agreement hinged on Concord and Kannapolis modifying their ability, contained in their IBT certificate, to withdraw 10 million gallons of water per day (MGD) from the Catawba River at all times by significantly limiting withdrawals during times of drought. The agreement limits withdrawals to 6 MGD during times of most severe drought, or “exceptional” drought; 7 MGD during “extreme” drought; 8.5 MGD during “severe” drought; and 9 MGD during “moderate” drought. Further, the agreement restricts Concord and Kannapolis from withdrawing more than 3 MGD from the Catawba until July 1, 2015, and after they first are withdrawing 5 MGD from the Yadkin River.

“When we first started this process, we identified several objectives of our efforts to protect the Catawba River. With this agreement and some key legislation regarding water transfers that resulted from our efforts, we have accomplished most of our objectives,” said Hickory Mayor Rudy Wright, speaking for the Coalition. “We can now redirect our resources, time and money to economic development and other initiatives to improve the quality of life for our residents. We remain committed to protecting the Catawba River and have been pleased with the cooperation within this Basin. We have laid the groundwork for future actions to collectively promote the interests of Catawba Valley residents.”

To put the agreement’s drought restrictions into perspective, the Catawba River basin was in “extreme” drought conditions (also referred to as Stage 3) for approximately 500 days during the most recent drought. Had Concord and Kannapolis already begun withdrawing the 10 MGD during that time, no limitations would have been placed upon that withdrawal while basin residents were forced to restrict water usage. Now, under the terms of the settlement, that same withdrawal would have been limited to the transfer of 7 MGD for the 500 day period.

Henry McMaster

The South Carolina-North Carolina battle over the Catawba River continues – this time in the form of an opinion article from South’s attorney general.

SC Attorney General Henry McMaster had some sharp words for North Carolina, and a caution that a loss there could lead to problems defending water rights against another state – Georgia.

Here’s the text (from McMaster’s web site):

As recently reported, North Carolina is taking actions which could leave parts of South Carolina high and dry, and Charlotte-based Duke Energy is helping them.

Their actions would cut off a significant portion of South Carolina’s water supply and we are engaged in an unprecedented legal battle to stop them.

This fight is over our water, our jobs, and our economic future.

North Carolina’s actions, if unchecked, could cripple the economy of a large part of South Carolina and cause hardships for businesses and individuals throughout the region.

Further, their actions would give a green light to Atlanta and other Georgia cities to begin taking water from the Savannah River, from the upstate to the lowcountry, all to our detriment. Continue Reading »

The battle between North and South – Carolina, that is – over the use of the Catawba River continues.

Blan Holman of the Southern Environmental Law Center has set out the case for a water permitting system, a substantial change in law from the riparian approach South Carolina has long used: Continue Reading »