RICHMOND, VA (AP) -- Virginia's Supreme Court handed a big victory to opponents of the King William Reservoir today. Newport News wants to turn a wooded, marshy valley in King William County into a 12.2-bilion-gallon reservoir that would provide drinking water for the Peninsula. But this morning, the state Supreme Court sided with groups that want that valley left alone. The state’s highest court ruled that those groups — the Sierra Club and the Chesapeake Bay Foundation, to name two — have a right to appeal the state permit that Newport News and other Peninsula localities received in 1997. The permit spelled out how much water Newport News can withdraw from the Mattaponi River in order to fill the reservoir. In 1998, the groups asked to appeal that permit because they worry that withdrawing millions of gallons of water a day from the Mattaponi will almost certainly harm the river. And they say if withdrawing water from the mostly fresh-water river causes it to be become saltier, then shad and other fish that go there to spawn will go elsewhere to deposit their eggs. That would end the Mattaponi Indians’ centuries-old tradition of fishing for shad on the river. Newport News officials say their studies show the river probably would be fine. Until today, the groups that oppose the reservoir didn’t fare well in court. Judges in Newport News Circuit Court and the Virginia Court of Appeals have ruled that the groups didn’t have a right to appeal the state permit. But the state Supreme Court, citing a state law, said they do. The ruling is considered good news, not only for those who oppose the proposed King William Reservoir, but also for other groups that want to appeal other state water permits. The state high court today returned the reservoir case to Newport News Circuit Court, where it will be argued at a yet-to-be-scheduled date. "This gives us our day in court," said Kay Slaughter, senior attorney for the Charlottesville-based Southern Environmental Law Center, which represents four environmental groups and two landowners. "This gives us what we wanted all along — for the court to listen to our concerns. We’re delighted." Newport News officials say today’s ruling is not a setback to their cause. "It’s not a big deal to us," said Dave Morris, the city’s project manager. "We’re not afraid of having a trial on the merits." This will end up costing the city more time and money, however. So far, Newport News has spent more than $18 million on the reservoir project, which is expected to cost about $167 million. Of that $18 million, the city has spent nearly $5 million on legal costs, not including what city attorneys do. Even if Newport News wins its case and keeps its state permit, it still must obtain a federal permit. That would come from the U.S. Army Corps of Engineers, but the top officer in the Army corps’ Norfolk office has said he will recommend that Newport News not receive the federal permit it needs. The officer, Col. Allan Carroll, has said he isn’t convinced that the Peninsula needs the water that would be stored in the reservoir. But even if the city proves that the region will need the water, he has said he would recommend the permit be denied because it might harm the Mattaponi River and the Mattaponi Indians, whose reservation would be about three miles from the reservoir. Carroll’s final recommendation — to his superiors in New York who will decide whether to grant the permit — is expected to be released as early as next week. After that, the public will have 45 days to respond to the recommendation. Mark Di Vincenzo can be reached at 247-4719 or by e-mail at mdivincenzo@dailypress.com |
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