Rough waters ahead in suit against N.C.

Winning the "water wars" lawsuit against North Carolina might not be enough to protect the Lowcountry's chief water supply. Losing it could mean losing more of the Savannah River to Georgia. And the suit faces long odds.

That was the sobering message at the S.C. Water Resources Conference on Tuesday. Attorney General Henry McMaster conceded as much after speaking in North Charleston to more than 300 researchers, agency and industry officials focusing on the issues surrounding a shrinking supply of water for the Southeast, as well as ways to allocate and conserve that supply.

The lawsuit "is an uphill battle in more ways than one," McMaster said. But "we were in a disadvantageous situation going in," because North Carolina is already diverting water from the Catawba River shared by the states. "It's hard to see how it could be any worse, unless they keep all our water."

McMaster said that losing the North Carolina lawsuit would put South Carolina in jeopardy of losing any future lawsuit over water use. He thinks it won't be long before Atlanta tries to run a pipeline to the Savannah River at the states' border.

"This case will be a precedent not only for the rest of the country, certainly, but for our dealings with Georgia," McMaster said.

South Carolina is suing North Carolina over proposed water withdrawals out of its Catawba basin. The lawsuit is now being heard by the U.S. Supreme Court; it's in the early stage of collecting depositions and other information. The Catawba flows from that state and joins South Carolina rivers, eventually providing nearly half the water that flows into the Marion-Moultrie lakes, the source of drinking water for most of the Lowcountry.

South Carolina faces "daunting and somewhat untenable legal hurdles" in the lawsuit, said Caitlin Dyckman, a Clemson University professor who specializes in water allocation issues. She also spoke at the conference. The case "might have been stronger if they had proverbially 'cleaned their own house' before suing."

For example, before launching the suit last year, South Carolina did not have a permit system that regulates withdrawals from its waterways. An attempt to establish regulations was stalled by industry lobbyists in the Legislature's last session.

South Carolina can expect years of legal wrangling, Dyckman said, because North Carolina can continue to draw water while delaying the case. And in a roughly similar "Case of the Century," California lost to Arizona but then blocked construction of an Arizona pipeline from the Colorado River.

Increasing demand for water in the rapidly developing Southeast, exacerbated by recent droughts, is beginning to cause water shortages, pushing the region into Western-style legal "water wars."

The two-day conference is studying water allocation issues and will explore ways to engage everyday people in conserving water.

Reach Bo Petersen at 745-5852 or bpetersen@postandcourier.com.