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Minutes - 20020516
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Minutes - 20020516
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5/16/2002
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water rights, but a perception that somebody is going to get something that's mine. There is an <br />environmental argument that the mixing of these waters may have an adverse effect an the ecology. That's a <br />more recent argument, I think that the real prevailing argument is one of, "You're taking something that <br />belongs to me." <br />Dan Okun: We made the law and shackled ourselves. <br />Dr. Moreau: That's true, Dan, but it took a decision of the United States Supreme Court to give New <br />York water out of the Delaware River. Your paint is obvious but it still does not get around the fact that these <br />are hard fought battles. The Virginia Beach case went on for 18 years. We have a problem in this state. I <br />don't know exactly what the situation is on Person County, but there are laws on the books in this state that <br />say you can't take water from one county, and I think these are county specific. That you can't take water <br />from this county and build a reservoir in this county to use in some other county. <br />Mr. Speaker: Actually, it doesn't deal with the water so much as it does the condemnation of land. <br />That's the issue. One local government can't condemn land in another jurisdiction without that jurisdiction's <br />approval. Which, in effect, says you can't build a water supply. <br />Don Cox: You have to look at the impact of moving water from one basin to another. Does it make <br />sense when you look at the impact of inter basin transfers? <br />Dr. Moreau: That act was passed in '93. Prior to that, there was nothing. But that took a major effort <br />to get that law changed in '93 to where there is a process for considering it now. <br />Terry Roland: Actually, there was a law prior to '93, and the irony of it is that inter basin transfers <br />were prohibited in North Carolina until the new law was passed, unless the river basins were solely within the <br />State of North Carolina. And the only two that that condition exists on is the Cape Fear and the Neuse. <br />According to Milton Heath, the reason that law was written the way it was written was so that Research <br />Triangle Park could became a reality. It was served by Durham from Neuse Basin water, and it was <br />discharging to the Cape Fear basin. If they hadn't made that change in the law, inter basin transfers would <br />have been prohibited completely in North Carolina. It was prohibited except where the river basins were <br />solely within the State of North Carolina. It wasn't until '93 that we changed it so that inter basin transfers <br />could be done in other places besides between the Cape Fear and the Neuse. Prior to that I think that was <br />the only place you could do it. <br />Dr. Moreau: It had to do with the authority, if you were acting jointly, and that's where OWASA and <br />everybody else, there were multiple jurisdictions involved in it and that's what triggered it. And that's what <br />triggered the Randleman stuff. That law was written to stop the Southern Cities Project, the 'S7 law. And the <br />power companies are the ones that did that because the only basins on which you can generate power in <br />North Carolina are interstate basins. They wrote the law very cleverly that you can make the inter basin <br />transfer so tang as the basins were solely within the State of North Carolina. And the Neuse and the Cape <br />Fear were the two basins, and you could not generate electricity on either one of them. That's the story I got. <br />7. NEXT STEPS <br />Chair Jacobs: At the break I heard a lot of people saying they thought this was a good discussion <br />and they got valuable information. But to just have a meeting and then walk away, although it's always good <br />to be educated and to get to know people better. Just speaking as an Orange County Commissioner, I would <br />like to see how we can get water with our sewer system. I'd like to make sure that our citizens have <br />adequate water supplies so that when we do our comprehensive land use plan update that we can <br />incorporate the plans of jurisdictions within our jurisdiction and that we can make sure, to the best of our <br />ability that water and sewer provision follows the land use plan. I'll just put that out, I'd like to see how we <br />can work toward those kinds of things. That's our self-interest. And we said at the beginning we wanted <br />people to purpose their self-interest. That is what brings us together even though we're all altruists and care <br />about water and our neighbors. I'm just real interested in haw we can keep this conversation going. <br />Margaret Pollard: I'd like to see us address, at some point, how do we prepare citizens far safe <br />water conservation during a crisis? I think that just to have people conserve water without thinking about the <br />public health implications with that might not be meeting our total responsibility. <br />Dan Okun: Orange County has a Commission for the Environment and there is a committee on <br />water resources. If anyone has water related activities or needs, they need to send it to this commission <br />which will look at it. <br />Dr. Moreau: Barry, are you suggesting some sort of countywide, not just county boundary, but region <br />that encompasses Orange and its immediate neighbors? I'm not talking about necessarily the Research <br />
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