20051457 Ver 1_H 609 -- Regional Water Supply Planning Organizations.msg_20121004

Mueller, Amanda
From: Smith, Robin <robin.w.smith @ncdenr.gov>
Sent: Thursday, October 04, 2012 2:06 PM
To: Reeder, Tom
Subject: H 609 -- Regional Water Supply Planning Organizations
Tom — After a quick review of the statutes, G.S. 143 -355.8 appears to require something other than just a water purchase
agreement to be a "regional water supply planning organization ". I think Mr. Smith is correct that a purchase agreement with
Lincoln County may make Cleveland County a "regional water supply system" under G.S. 162A -22 (if Cleveland County's
water system will then supply a "substantial water service area in a region composed of all or parts of two or more
counties ").
The language in G.S. 143 - 355.8, however, does not use the term "regional water supply system ". Instead, it uses the term -
- "water supply regional planning organization" -- that indicates something more like a regional planning body rather than
simply a water system that sells water over county lines.
I don't think this should be a particularly difficult hurdle to get over. In fact, I don't think it would even be necessary to have a
purchase agreement with another jurisdiction — all it would take is some joint water supply planning entity involving the two
counties. But I think G.S. 143 -355.8 at least requires that. In these circumstances, the planning entity could be a planning
committee with representation from the two counties. It doesn't need to be as formal as a regional water authority.
There may be situations where a single water system could be a "water supply regional planning organization" — for example,
if the Cleveland County Water System directly provided service to an area in Lincoln County (i.e., running the lines and directly
supplying water as opposed to selling water to a Lincoln County water system for delivery to its customers). Then, the
Cleveland County Water System — as the only water system supplying water — would be in a position to do regional planning. If
one water system is selling water to another water system, however, you really need both systems involved to have a regional
water supply planning process.
If Mr. Smith would prefer, we can certainly ask for a more in depth review and advice from the AG's Office.
Robin W. Smith
Asst. Secretary for Environment
N.C. Dept. of Environment & Natural Resources
217 West Jones Street
Raleigh N.C.
919 - 707 -8619
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
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