Settlement possible in Catawba River water war

The Catawba-Wateree River Basin Advisory Commission on Friday unanimously approved a resolution to work toward an agreement suiting both sides by using Duke Energy’s Comprehensive Relicensing Agreement, a stakeholder contract signed in August 2006 for submission to the Federal Energy Regulatory Commission.

Former York County Councilman Rick Lee, a current Catawba-Wateree commission member, said initial efforts by South Carolina to settle with North Carolina outside the courts were a “complete strikeout.” Yet, he said, a deal now between the states could be an improvement compared to a decision of “nine folks who don’t have a vested interest in the success of it.”

The water war was waged in January 2007 after the North Carolina Environmental Management Commission approved up to 10 million gallons of water per day to be withdrawn from the Catawba and used by the North Carolina cities of Concord and Kannapolis, located in the Rocky River basin. That decision sparked not only the Supreme Court case, but also an appeal in North Carolina by several municipalities and the Catawba Riverkeeper Foundation, which was since resolved.

“That’s a major issue that still needs to be dealt with,” said Faulkenberry, also a Riverkeeper board member.

After South Carolina filed the lawsuit against its northern neighbor, Duke registered as one of three parties seeking intervener status in the case. Justices allowed Duke and Catawba River Water Supply Project to participate on North Carolina’s side.

N.C. Sen. Clodfelter, along with S.C. Sen. Wes Hayes, will now head an effort to reach a water-use agreement between Duke and legal teams from both states. That work will be presented at the next commission meeting scheduled later this year. State agencies and other stakeholders also will be involved in the final stages of forming an agreement.

Commissioners discussed the possibility of drafting a resolution to settle the Supreme Court case by the end of the year. Current S.C. Attorney General Henry McMaster leaves office Jan. 1, 2011. He previously expressed an interest to have the issue resolved before he leaves, Cook said. A final legal resolution still could require Supreme Court approval and extensive work from both states, so setting a definite timeframe is difficult, Cook said. The end of the year, though, is the goal.