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24 February 2004 King William Reservoir Summary Over the years, there have been lawsuits, engineering plans and studies, emotionally- charged public hearings and subject matter experts SME's on both sides of the issue. The project could draw as much as 75 million gallons of water from the Mattaponi River each day. Initially, the Corps of Engineers, Norfolk District rejected the plan, due to possible effects on the environment. The Governor of Virginia ( Jim Gilmore) appealed this decision to the Norfolk District's higher headquarters in New York and it now appears the previous decision will be overridden. This Spring, the Virginia Marine Resources Commission (VMRC) denied the City's permit request to place water intakes in the Mattaponi River, based on the detrimental effect such withdrawal would have on the threatened American shad population that annually spawns in the Mattaponi. The denial set legislators in the Newport News area into action; they introduced legislation that would bypass the VMRC decision, granting direct authority to withdraw the water from the Mattaponi River.
Three bills related to the King William Reservoir (KWR) were introduced into the 2004 Virginia General Assembly as follows: SB420 was defeated 13 to 0 in the Senate Committee on Conservation, Agriculture and Natural Resources, after Del. Wagner requested the bill tabled due to on-going negations between the VMRC and the City. These negotiations addressed VMRC holding another hearing on the KWR. SB109 faired a bit better, but was ultimately defeated (not reported out of Committee) by a vote of 9 to 6. This vote came after numerous attempts to amend the bill; all amendments would have removed the VMRC authority to issue permits on such projects. Sen Williams communicated frustration with the environmental and conservation community as well as the Warner administration, and vowed to continue his efforts to "streamline" the process. He was quoted in the papers as saying, "Tayloe Murphy and the Chesapeake Bay Foundation and the Sierra Club are all on the same page. They don't want these projects to be built." The results of the votes in the 2004 GA are attributable to the large-scale, statewide efforts of conservation groups and individuals to voice their opinions against the City's attempts to end run the permitting process. Sub-Committee hearings, as well as full Committee hearings were packed with Mattaponi proponents. Native Americans, riparian landowners, environmental groups, and citizens all strongly opposed the construction of this reservoir. Calls, Emails and letters literally flooded the members of both the Senate and House of Delegates. Environmental alerts were sent, speakers orchestrated, and a core environmental and conservation group leaders doggedly tracked every move on all three bills. At this time (24 February 2004) there is speculation and concern about what will happen next in the City's quest to build the KWR. It now appears the VMRC has agreed to hold another hearing on the KWR; at their 24 February 2004 meeting, they will hold a closed-door session with the City to determine how this hearing will be conducted. The City had taken VMRC to court in an effort to force them to hold court -like hearings on the project. The City is also addressing additional funds at their 24 February 2004 City Council meeting to continue their legislative and legal fight to pursue the reservoir. As the end of February approaches, we can be assured that though several major battles were won in Richmond, the war is far from over. Whether the legislative front will continue to be pushed by the City in future General Assemblies remains to be seen, but it is certain that the legal maneuverings on both sides are far from over. As Sen. Bolling so astutely stated in Sub Committee and in full Committee, this issue will not be decided in the General Assembly, but in the courts.
In closing I would like to thank the many river-oriented folks who sent Emails and made calls to legislators and senators opposing the three bills. Your efforts have paid off: the process does work and you can be heard in Richmond! |
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From: Bill Tanger Sent: Friday, February 06, 2004 10:19 AM To: Van Luik, Linda; Peck, Ginnie; Leeger, Don; Koenig, Linnie; Jones, Bryon; Henness, Tim; Ellis, Wright; Bob Born; Van Luik, John Subject: Fw: Need more help, RTD Article on King William Reservoir Importance: High Just an update on where we are with this issue on the Mattaponi. Bill ----- Original Message ----- From: Thomas A. Miller Sent: Friday, February 06, 2004 9:34 AM Subject: Need more help, RTD Article on King William Reservoir OK, RTD has a good run down on where these bills are and where they will be going. It would not hurt for any of you to email or call the 1-800-889-0229 (this is super easy) and let the Senators on the Senate Committee on Agriculture, Conservation and Natural Resources, (the ones that were not at the sub comm. meeting) but will vote on these bills (SB109 and SB 420) at the 8:30 AM, Monday, Feb 9 Committee meeting, that you want them to vote against these bills. They will need to get theses emails prior to that meeting. Even if you hit one or two it will help, I will be emailing all of them. This is a very bad project, hurts the Indians and the environment, riparian landowners do not want it. We all could find ourselves in similar situation and need others help. Thanks for all you have done so far. Sample email ************************************************************************ Dear Senator_______, Request that you vote against SB420, Sen Wagner patron, and SB109, Sen Williams patron when it comes before the Senate Agriculture, Conservation and Natural Resources Committee. Thank you ************************************************************************ Senator Hawkins, chair, district19@sov.state.va.us Here is a recent news article from the Richmond Times about the Mattaponi
water withdrawal bills. I still have not heard from the following officers
with their vote on opposing the withdrawals or not: If you do not want to vote please send an abstention. Bill Tanger Bill to expedite building of reservoir clears panel A state Senate panel yesterday endorsed a bill aimed at speeding approval for the controversial King William County reservoir. The subcommittee voted 3-2 to send the bill to the full Senate committee on natural resources. The vote helped keep alive Newport News' 17-year quest to create the lake - and a new source of drinking water - by pumping up to 75 million gallons a day from the Mattaponi River. "You don't wait 50 years to come up with a solution," said Sen. Mamie Locke, D-Hampton, apparently referring to opponents' claim that the Peninsula region would not need the extra water for half a century. Hanover County Republican Bill Bolling, who voted against the bill, said it was wrong for the panel to decide the merits of a long-running, complicated case based on one afternoon's testimony. "There are experts on both sides of this issue . . . and what they say seems to depend on who's paying them to say it," he said. The reservoir would be built on Cohoke Mill Creek about 45 miles east of Richmond. Opponents include the Mattaponi Indians, who say the project would damage a river they depend upon for fish and for spiritual renewal. Indians have already lost much of their heritage, said Carl "Lone Eagle" Custalow, chief of the Mattaponi tribe. "Now they are trying to take what little we have left, and that's the river." After years of bouncing between regulatory agencies, the reservoir project hit a wall last May when the Virginia Marine Resources Commission denied permission for an intake pipe in the river. The VMRC denied the intake, in part, for fear it would hurt spawning grounds for American shad, a fish that has dropped in numbers. The Senate bill, proposed by Frank W. Wagner, R-Virginia Beach, would bypass the VMRC and convey about an acre in the Mattaponi to Newport News to build the intake pipe. Bolling and fellow panel member Mary Margaret Whipple, D-Arlington, said the proposal would create a terrible precedent, making the General Assembly the place to go if you are denied a request before a state agency. "I'm uncomfortable with the General Assembly bypassing the process," Whipple said. The reservoir would flood more than 400 acres of wetlands. On the other hand, the city would protect several thousand acres of land around the lake. "It looks to me like there is an opportunity for this to be very environmentally friendly," said the subcommittee's chairman, Emmett W. Hanger Jr., R-Augusta. After hearing the same pro and con arguments, a House subcommittee recommended 4-2 Wednesday to kill a similar bill. That bill is now before the House committee on natural resources. Another bill before the Senate's natural resources committee would reduce the VMRC's role to adviser in cases like this. Newport News says it needs the 1,500-acre reservoir to provide water for a growing population on the Peninsula and in James City County. The city serves about 400,000 residents today and expects that number to be more than 600,000 by 2050. Numerous businesses in the region support the reservoir. Opponents include environmental groups and landowners along the Mattaponi. In addition to requiring state approval, the project still must get the go-ahead from the U.S. Army Corps of Engineers, which is studying the proposed lake's effect on wetlands, among other things. The ultimate fate of the project, Sen. Bolling said, will probably be decided in court. Contact Rex Springston at (804) 649-6453 or rspringston@timesdispatch.com This story can be found at: http://www.timesdispatch.com/ |