Orange County NC Website
13 <br />MEMORANDUM <br />TO: County Commissioners <br />John Link, County Manager <br />FROM: Paul Thames, PE, County Engine <br />DATE: August 16, 1999 <br />SUBJECT: Access to Jordan Lake water supplies <br />As per the request of Commissioner Gordon, I have evaluated the responses of Hobbs, Upchurch & <br />Associates, engineering consultants to Chatham County, to BOCC questions relative to Chatham's <br />interests in accessing Jordan Lake water supplies. In general, Hobbs Upchurch reports that: a) Chatham <br />County is currently limited - by both contractual and physical constraints - to approximately 1.0 million <br />gallons per day (mgd) in raw water withdrawals from Jordan Lake through the Cary/Apex intake/ <br />pumping facility; b) state and federal agencies (the NC Division of Water Resources and Corps of <br />Engineers) lack the authority or the will to impose a strategy of regionalization on the use or expansion <br />of the existing Cary/Apex intake/pumping facility or on the development of a western intake/pumping <br />facility; c) the grant-funded interconnection of the City of Durham and Chatham County finished or <br />treated water distribution networks has little or no long term implications on Chatham County's desire <br />or need to access its Jordan Lake allocation as the interconnection provides access to high cost treated <br />water which is more acceptable as a solution to limited duration water shortage problems; d) while <br />some opportunity may exist for Chatham County to develop a small east side intake facility or to acquire <br />additional capacity at the Cary/Apex intake/pumping facility, these opportunities are far from certain <br />and cannot currently be considered as plausible long- or short-term strategies to address Chatham's <br />water supply requirements; and e) Chatham County's preferred strategy to access its allocation is <br />through a NC Division of Environment and Natural Resources (DENR) controlled regional facility <br />located on the west side of Jordan Lake. <br />Over the last year, I have had discussions with Pat Davis of TJCOG, NC Division of Water Resources <br />staff and others about this issue. In general, the information I have garnered from these discussions <br />confirms that contained in items (a) through (d) above. Specifically, I have learned that there is no <br />current regulatory authority that provides any state or federal government agency with the~power to <br />force Cary and Apex to allow any other local government to access Jordan Lake through the existing <br />intake/pumping facilities. While I surmise that it would be possible for the state or the Corps of <br />Engineers to apply eminent domain to the existing intake/pumping facilities and then apply some sort of <br />regionalization strategy to its operation, I believe this to be a very unlikely scenario. Furthermore, I <br />cannot see how it would in Cary or Apex's interest to voluntarily allow regional access to its <br />intake/pumping facilities except perhaps as a trade or compensation for larger allocations from Jordan <br />Lake. <br />