Water Statute Change

Published 4:10 pm Thursday, October 25, 2012

HAMPDEN-SYDNEY – The Town of Farmville has a “don't have to ask, don't have to be told” mindset when it comes to releasing water from Mottley Lake into the Appomattox River during times of severe drought.

State law disagrees.

But House of Delegates member James Edmunds concurs one hundred percent and will support legislation sought by Town officials to change that law.

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“I totally agree,” the 60th District representative said, responding to the Town's position and legislative request during a luncheon hosted by Prince Edward County held at Hampden-Sydney College.

The Town purchased the 35-acre Mottley Lake solely to provide a boost to the Appomattox River, located less than a mile away, should a drought of sufficient severity justify doing so. Water constantly runs over the spillway at Mottley Lake, making its way into the Appomattox River, and so the Town believes increasing that already-existing flow via the siphon system in place should not require approval from the County or the state.

“Why does the County have the authority to recommend approval or disapproval?” Spates asked during his presentation on Tuesday. “I think this ought to be a decision that's left up to the local government and why would there be any objection to the Town servicing town as well as county residents with our water system? And why would DEQ have any problems or issues with the Town, in an emergency situation, putting water into a river it already flows in to?

“We don't understand,” Spates said in his formal remarks, “why there would be an issue with that. But the law says that we have to have their approval.”

Regulations need to be changed, he said, to give the Town the authority to withdraw water from Wilck's Lake or Mottley Lake without needing County or state approval.

“All we're asking for is a change in the Code,” the town manager said.

The Department of Environmental Quality does currently have final say-so but, also per state law, Prince Edward County must first grant its approval before DEQ makes the ultimate decision.

Section 15.2-5122 of the Code of Virginia states, “No locality or authority shall construct, provide or operate outside its boundaries any water supply impoundment system without first obtaining the consent of the governing body of the locality in which such system is located.”

Mottley Lake is in Prince Edward County, several miles west of the Town's limits, so the Town must first receive approval from the Board of Supervisors and then DEQ.

Furthermore, state law has established that virtually all bodies of water in Virginia, including farm ponds, are “waters of the state” controlled by the state.

The Town of Farmville seeks a law that changes the existing regulations and gives a town the authority to discharge water from its own impoundment without state approval, providing the water is already discharged, as is the case with Mottley Lake, to the stream, river or lake it is presently serving.

Del. Edmunds, who represents the Town of Farmville and Prince Edward County in the General Assembly, said, “I have no issue with Farmville or any other town” doing just as Farmville suggests. “I have no problem with that and I'll be happy to help with that…”

The Halifax farmer drew the distinction between what Farmville proposes and the interbasin transfer of water, which Del. Edmunds opposes and which the Town of Farmville does not seek.

The interbasin transfer of water takes water from one river basin and puts it-via manmade conveyance-in another, different river basin where there is less water available.

“I'm not so much for interbasin transfer,” Del. Edmunds said. Neither is the Town or County.

Prince Edward County's Board of Supervisors voted its approval in early August of the Town releasing water from Mottley Lake into the Appomattox River, clearing the way for the Town to make such a request to DEQ at a time when the river had recorded an historically low flow.

But the Town never sought permission from DEQ and, furthermore, never released water into the river.

The Town chose the alternative of greatly enhancing well water production capacity at the water treatment plant, but autumn rainfall mooted any emergency need.

As Spates recalled during Tuesday's meeting, “Farmville, like a lot of communities across Virginia this year, faced drought conditions. We were no different than any other community and I think nation-wide this has been an extremely hard year for everyone. We've experienced all the issues and we've dealt with them with very little problem.

The town manager then went into some detail regarding Mottley Lake and the impoundment's water supply role.

The Town of Farmville, he said, “bought Mottley Lake for one reason, that was for an additional water supply. Mottley Lake is a 35-acre lake, it has 100 million gallons of water stored in that facility and it's all spring-fed. It's probably one of the few lakes in Virginia to still have water going over the dam, through the spillway, during the drought. We always have water going over that.

“Years ago,” Spates continued, “we came up with a device, a siphon that we put across the dam and during periods of low flow (in the Appomattox River) we would release water from Mottley Lake. It would take six hours for that water to get to our water plant. We could discharge 800,000 gallons a day and it took care of us during extreme drought conditions.

“The problem comes now with DEQ coming in, and I read this in The Farmville Herald…that DEQ said they control all the water in the state of Virginia, including private ponds, streams and any kind of lake…I've checked with some lawyers in Richmond and they say, yes, DEQ's got that authority, they control every body of water in Virginia.”

Unless the Town's proposed “we don't ask, you don't tell” legislation becomes law in 2013.

In fact, the state law the Town seeks to overcome is more complicated than simply, in this case, asking for and receiving permission to withdraw water from a lake you own.

Even if a Town were to receive permission from their county and apply to DEQ it would be but the first step.

An emergency permit could be issued by DEQ to withdraw water from the lake but within 14 days the Town would have to apply for a new permit to deal with the situation long-term.

DEQ would study the lake, make its own determination of how much water it contained and then how much water the state would allow the Town to withdraw.

The Town of Farmville wants to decide for itself how to use the lake it bought and paid for.