With the exponential growth seen in Charlotte, NC and surrounding cities, demand for clean water is rapidly exceeding available supply. The main issue in question is from which location will these extra resources be extracted and at what cost?
In 2007, SC Attorney, Henry McMaster, filed suit against NC regarding water rights of the Catawba and Yadkin River basins. The city of Charlotte, NC is permitted to withdraw 33 million gallons of water per day from these basins. Moreover, SC was not prompted to file suit until the NC Environmental Panel granted two Charlotte suburbs, Concord and Kannapolis, permission to withdraw 10 million gallons of water daily from the Catawba River. SC argues that an additional 10 million gallons of extracted water will result in diminished resources downstream; the state seeks an equitable division of water from these sources.
McMaster suggested that NC Attorney General, Roy Cooper, participate in closed-door negotiations with SC regarding this matter, but Cooper insisted that public involvement is necessary in solving this issue. Both states have agreed that this suit would be best settled out of court, and have appointed a bi-state commission, the Catawba-Wateree River Basin Advisory Committee, to help resolve the dispute.
SC insisted the water resources be divided equally between the two states, and then among third parties in NC; however, the US Supreme Court ruled that third parties, Duke Energy and Catawba River Water Supply Project, be participants in the suit. This suit is ongoing, and the outcome will undoubtedly have impacts on future rulings over interstate water conflicts.
Written by: Brittney Edwards ( Shipman & Wright, LLP Intern)
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