20051457 Ver 1_Re regional water supply system.msg_20121004

Strickland, Bev
From:
Reeder, Tom [tom.reeder @ncdenr.gov]
Sent:
Thursday, October 04, 2012 3:14 PM
To:
CCSD Manager
Cc:
Robin Smith
Subject:
Re: regional water supply system
Butch — I asked your question to my boss, Robin Smith. Robin is the head of all of the environmental divisions in DENR and, in
addition, she is an attorney and she helped draft the original HB 609 language. Because of all of this, I thought that she would
be the best person to provide the most accurate answer to your question. Robin's response is contained below. She believes
that there is a difference between a Regional Water Supply Planning Organization (as in 143 - 355.8) and a Regional Water
Supply System (as in 162A -22). Whereas your water sale to Lincoln County may make Cleveland County a Regional Water
Supply System, it would probably not make you a Regional Water Supply Planning Organization as defined in 143 - 355.8.
However, Robin feels that it would be easy enough for Cleveland County to become a Regional Water Supply Planning
Organization, and that could be accomplished simply by forming a joint water planning organization with Lincoln County or
some other entity. I know that you and the Board were looking at forming something like this a little while ago and I thought
that was a great idea. As Robin states below, if you would like we can ask the Attorney General Office's for their opinion. Just
let us know if there is anything else that you need or that we can do. Robin's response is below:
"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 ". 1 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.
1 don't think this should be a particularly difficult hurdle to get over. In fact, 1 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 1 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. "
Thanks.
Tom Reeder
Director, NC Division of Water Resources
Phone: 919 - 707 -9027
email: tom.reeder @ncdenr.gov

E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: CCSD Manager <manager @ccsdwater.com>
Reply -To: CCSD Manager <manager @ccsdwater.com>
Date: Thu, 4 Oct 2012 10:59:28 -0400
To: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: Re: regional water supply system
Thanks Tom, have a safe trip.
Butch
- - - -- Original Message - - - --
From: Reeder, Tom
To: CCSD Manager
Sent: Thursday, October 04, 2012 9:53 AM
Subject: Re: regional water supply system
Butch — I just wanted to let you know that I have forgotten about this and I know that I still owe you an answer. I am still
waiting on some responses. I want to make sure that I give you as accurate an answer as possible. I will be in Washington DC
tomorrow but I should have a response to you by Monday morning (Oct 8) at the latest. Thanks for your patience.
Tom Reeder
Director, NC Division of Water Resources
Phone: 919 - 707 -9027
email: tom.reeder @ncdenr.gov
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: CCSD Manager <manager @ccsdwater.com>
Reply -To: CCSD Manager <manager @ccsdwater.com>
Date: Mon, 1 Oct 2012 12:37:34 -0400
To: Tom Reeder <tom.reeder @ncdenr.gov>
Subject: regional water supply system
§ 162A -22. Definition of regional water supply system.
For the purposes of this Article "a regional water supply system" is defined as a public water supply system of
a municipality, county, sanitary district, or other political subdivision of the State, or combination thereof,
which provides, is intended to provide, or is capable of providing an adequate and safe supply of water to a
substantial portion of the population within a county, or to a substantial water service area in a region

composed of all or parts of two or more counties, or to a metropolitan area in two or more counties. (1971, c.
892,s. 1.)
Tom, I thought this might be helpful.
Thanks
Butch