Water War II? Charlotte wants permission to transfer more water out of Catawba River

Nearly two decades after a clash over the Catawba River basin made it to the U.S. Supreme Court, Charlotte wants permission to move tens of millions more gallons per day out of the river.

The request could return the issue of water transfers to the forefront and ignite opposition in both Carolinas, where there’s potential for a second “Water War.”

The city of Charlotte’s water utility in February started the yearslong process of requesting to modify its transfer certificate, which regulates how much water Charlotte can take from one river and the creeks and lakes that feed into it and move to another, to keep up with demand amid growth.

“Early estimates” indicate Charlotte Water could request permission to transfer up to 30 million more gallons per day from the Catawba River basin to the Yadkin-Pee Dee River basin, Charlotte Water spokeswoman Jennifer Frost said. That’s nearly double the amount Charlotte can currently transfer.

Charlotte Water and advocates note there’s still a lot to work through before a decision is made.

What is Charlotte asking for in Catawba River basin?

North Carolina created interbasin transfers in 1993 to regulate the “withdrawal, diversion or pumping” of water from one river to another. Usually, the transfers are needed because a system takes in water from one river and discharges processed wastewater into another basin, according to the N.C. Department of Environmental Quality. A city’s water system may also stretch across two river basins.

Charlotte Water’s current certificate was issued by the state in 2002 and allows the department to transfer up to 33 million gallons of water per day from the Catawba River basin to the Yadkin-Pee Dee River basin or Rocky River Basin.

Charlotte averages about 20 million gallons per day — 26 million gallons per day at peak times — from Lake Norman and Mountain Island Lake, which are in the Catawba River Basin.

Charlotte Water filed an initial notice with the state in February, according to Frost, but the process of modifying an interbasin transfer certificate can take two or more years. The current certificate expires in 2028.

Charlotte Water must hold public meetings, study the potential environmental impacts of its proposal and look into alternatives before submitting its official request to the North Carolina Department of Environmental Quality.

The department already held two community meetings, in Hickory and Charlotte. It will have more in Albemarle and Florence and Camden, South Carolina. Residents can also send in feedback and questions by email through Aug. 30 at IBTProject@charlottenc.gov.

What impacts would Charlotte Water’s request have?

Some feedback collected so far has been negative, including from Hickory Mayor Hank Guess at the community meeting in his town.

Guess said at the meeting he’s opposed to Charlotte transferring more water because he feels it could stifle growth in his community about an hour northwest of Charlotte, WCNC reported.

“We feel like the water is just as important to us as it is to them,” he said.

Catawba Riverkeeper Brandon Jones, whose nonprofit advocates for the protection and preservation of the basin, is “actively following the situation,” he said.

Jones noted it’s still “early in the process.”

“We’re still kind of at a wait and see … But obviously, anytime you’re removing water from the system and putting it into a new basin, then that’s less water that we have in the Catawba,” he said.

Given the size of the river basin, 30 million gallons wouldn’t make “a huge difference” on “a normal day,” Jones said. But it could matter if a drought hit the region, he added.

“We’re fairly fortunate here in the Southeast that we don’t regularly think of drought, although we do have substantial droughts like we did in 2007 and 2008,” Jones said.

Jones said he hopes all parties will work to reach an agreement that can last.

“Ideally, we’re not going to kick the can down to the next generation to have to do the same fight and we can find a more long-term, sustainable plan,” he said.

What about South Carolina?

The interbasin transfer will matter for South Carolinians, too.

“Hopefully South Carolina will re-engage and understand the threat and take action,” said Susan Bromfield, president of the Lake Wylie Chamber of Commerce. “Again.”

Interbasin transfers have a long history in the Rock Hill region, including the “Water War” 20 years ago when Concord and Kannapolis applied to withdraw up to 48 million gallons per day from the Catawba and Yadkin river basins.

Pushback was swift, with residents and businesses on the South Carolina side of Lake Wylie claiming North Carolina shouldn’t be allowed to divert water without input from South Carolina, where the water naturally flows.

North Carolina regulators decided in early 2007 to allow up to 10 million gallons per day. Environmental groups appealed, and South Carolina Gov. Henry McMaster, then the state attorney general, filed suit against North Carolina over water rights. The fight occurred as record drought struck the region, which elevated worries about water availability.

Environmental group appeals in North Carolina weren’t settled until early 2010. Concord and Kannapolis got up to 10 million gallons per day, but they agreed to reduce withdrawals during drought and delay them. The cities couldn’t take more than 3 million gallons per day until mid-2015, and only then if they were taking 5 million gallons per day from the Yadkin.

In late 2010, the attorneys general from both states announced an agreement in the case that made it to the U.S. Supreme Court. That agreement included a new protocol created by Duke Energy and public stakeholders to conserve and distribute water throughout the Catawba basin during drought conditions.

Both North Carolina and South Carolina created new water withdrawal permitting requirements in the years after the “Water War.”

Will Carolinas get a Water War II?

Bromfield, whose chamber is one of the largest political voices in the unincorporated Lake Wylie area, already contacted state officials about the new interbasin request.

“This is a threat to South Carolina and to York County,” Bromfield said. “There are so many new leaders and people in place that may not be aware or understand the threat to the water supply.”

She says people aren’t aware how many ways the Catawba serves the area — from power generation to drinking water, recreation and sewage that’s treated and reused.

Rock Hill attorney Wes Hayes, a state senator two decades ago, sees similarities between the new transfer request and the one that stirred a half decade of protests and challenges.

“This is exactly what we were trying to avoid,” Hayes said.

Hayes in South Carolina and Dan Clodfelter in North Carolina, then a state senator and later Charlotte mayor, worked together to help resolve the interbasin transfer dispute. They were part of a two-state commission focused on issues that impact the Catawba River and brokered an agreement.

“I think it probably needs to get cranked back up again,” Hayes said.

The states only settled their suit under the conditions that adequate water flow in the Catawba would remain for South Carolina, regardless of what North Carolina approved within its boundaries, Hayes said.

“I think it probably is the first real test of that,” he said.

Jones, whose organization was involved in the previous litigation, said he thinks “all parties are hoping to avoid” going to court this time around.

“We would appreciate a lot of transparency, and a lot of good faith negotiations by all parties early on,” he said. “… Everybody needs to be willing to kind of roll their sleeves up and look at all the possible alternatives.”

In our CLT Politics newsletter, we offer exclusive insight into Charlotte-region politics sent to your inbox on Thursdays. Subscribe for free. Story idea? mramsey@charlotteobserver.com.