Catawba-Wateree River Basin Advisory Commission listened to a presentation yesterday detailing a proposed agreement on ending the SC vs. NC "Water Wars" Supreme Court case. The commission later unanimously supported the arrangement.
I can’t believe it was over three years ago when South Carolina sued North Carolina under the original jurisdiction of the United States Supreme Court. South Carolina said North Carolina was basically taking more than its fair share out of the Catawba and was violating the U.S. Constitution because one state’s decision cannot directly affect another state. South Carolina asked the Court to divide up the river’s flows between the states. For any water wonks…great summary and history of the case over at Water Wiki.
While I am sure the actual agreement is complex, some basic provisions from the joint settlement agreement were reported to be:
- All users (NC and SC) of Catawba water, including interbasin transfers, are subject to drought response plans no less stringent than those of Duke Energy’s Low Inflow Protocol system.
- Both states, along with the Catawba-Wateree Water Management Group, will update the information on water conditions every 10 years.
- Neither state is allowed to file a Supreme Court action against its neighbor as long as conditions of the relicensing agreement are met or until 2058.
- Both states must provide notice of transfer applications to water users in both states and provide additional documentation of the need for an interbasin transfer.
South Carolina has reportedly spent close to $3.2 million dollars on this lawsuit. So as a South Carolinean I hope this agreement was worth this.
“I think it’s a gorgeous day for a settlement"
-Bob Cook, deputy attorney general for South Carolina.
“We’re going to be neighbors for a long time. We’re going to have to share this river for a long time.”
- Jim Gulick, senior deputy attorney general for North Carolina.
