Update: Rock Hill Meeting Scheduled. Charlotte Water’s Request to Withdraw Additional Water from the Catawba-Wateree Basin Raises Concerns in Tega Cay and Surrounding Communities

Tega Cay, SC – Charlotte Water is seeking to modify its existing 2002 Interbasin Transfer (IBT) Certificate, allowing for increased water withdrawal from the Catawba-Wateree Basin. This modification could significantly impact Tega Cay and the surrounding communities, yet Charlotte Water is not hosting a single public meeting in Tega Cay, Fort Mill, or Rock Hill.

The proposed modification is a response to the high growth rate in the greater Charlotte region, which has outpaced the water needs projected when the original certificate was issued. The 2002 IBT Certificate authorized the transfer of up to 33 million gallons per day (MGD) from the Catawba-Wateree Basin to the Rocky River Subbasin, with this volume expected to suffice through 2030. However, Charlotte Water now plans to request an increase to accommodate the region’s needs through the next 30 years.

To gather public input and provide information about the proposed transfer, Charlotte Water is holding five public meetings. The meetings aim to inform stakeholders about the nature and extent of the transfer modification and gather comments for the environmental document outlining potential alternatives and issues.

Residents of these communities are encouraged to participate in the meetings in other locations or take advantage of the virtual option available for remote attendance. Additionally, written comments can be submitted until June 21, 2024, via Charlotte Water’s IBT website at CharlotteWaterIBT.org or mailed to:

Charlotte Water
Attn: Jennifer Frost/IBT Modification Comments
4222 Westmont Drive
Charlotte, NC 28217

This situation underscores the need for inclusive and accessible public participation in decisions that impact essential resources. The absence of meetings in the affected communities of Tega Cay, Fort Mill, and Rock Hill calls for a reevaluation to ensure that all stakeholders have an opportunity to express their concerns and contribute to the decision-making process.

Historical Context of Water Withdrawal Disputes

Charlotte Water’s current efforts to withdraw additional water from the Catawba-Wateree Basin follow previous contentious attempts that reached the U.S. Supreme Court. The landmark case South Carolina v. North Carolina, 558 U.S. 256 (2010), addressed a dispute over water rights between the two states. The Court allowed the Catawba River Water Supply Project (CRWSP) and Duke Energy Corporation to intervene in the litigation but ruled unanimously that the city of Charlotte could not.

The case stemmed from North Carolina’s 1991 Interbasin Transfer Statute, which permitted water transfers between river basins with minimal oversight for smaller transfers. South Carolina opposed these transfers, particularly during drought conditions, as they could reduce water availability downstream. In 2007, South Carolina Attorney General Henry McMaster filed suit against North Carolina under the Supreme Court’s original jurisdiction.

A special master, Kristin Linsley, was appointed to review the evidence and recommend an equitable apportionment of the river’s water. The Supreme Court’s decision ultimately reflected the principle that states have primary responsibility for representing their interests in water disputes, though the involvement of other stakeholders like CRWSP and Duke Energy was acknowledged.

The historical context of South Carolina v. North Carolina highlights the ongoing complexities and regional sensitivities surrounding water rights and management in the Catawba-Wateree Basin. This backdrop adds urgency to the current debate over Charlotte Water’s proposed withdrawal increase, emphasizing the need for thorough public engagement and transparent decision-making.