Nov 22 - McClatchy-Tribune Regional News - Trent Moore The Cullman Times, Ala.


Smith Lake operator Alabama Power has issued a letter stating the utilities company "has no position" in the ongoing debate over a secondary water source for the area.

In a letter given to both the city and county, Alabama Power Vice-president of Environmental Affairs Matthew W. Bowden said the company is neutral on the issue.

"Alabama Power has no position at this time with respect to the use of Smith Lake as a drinking water source as compared to any other options that may be available in the area," Bowden wrote.

The county has proposed constructing a new treatment facility that would pump water from Smith Lake, as well as upgrading the treatment facilities at Lake Catoma. The creation of a regional water board to oversee water distribution is also a part of the county's proposal.

Currently, the city -- through the Cullman Utilities Board -- controls and sells all water distributed from Lake Catoma.

The city has proposed a dam on Duck River to create a 640-acre lake and a six-mile pipeline with a 32-million-gallon-per-day capacity. The reservoir would resemble the one at Lake Catoma, currently the county's sole water source.

Cullman Mayor Max Townson has stated in previous interviews the city will move forward with the Duck River Dam project and will not sell the treatment plant at Lake Catoma.

Bowden stated there is also no guarantee the county would be approved to draw water from Smith Lake once an application is submitted.

"Recent media reports have implied that Alabama Power favors the project and would work with the county to issue a permit," he wrote. "Please understand that Alabama Power has made no commitment whatsoever with respect to approving and permitting any proposed withdrawal or even requesting Federal Energy Regulatory Commission (FERC) approval of a water withdrawal from Smith Lake. Those decisions can only be made after the County submits a complete application and goes through the application process, which includes resource agency consultation, evaluation of environmental impacts and analysis of other relevant information."

Bowden also stated Alabama Power would include contract provisions that could limit the amount of water removed from Smith Lake in the event of a drought.

"Alabama Power will include drought mitigation provisions in all future withdrawal permits consisting of withdrawal caps or reductions, premium rates and/or use restrictions on customers of the withdrawing utility during periods of severe drought," he wrote.

County Commissioner Wayne Willingham -- who is backing the Smith Lake project with commissioner Doug Williams -- said the county is still trying to negotiate with the city to seek support for the plan before trying to move forward.

"[The letter] is not even a point until we get together on everything," he said. "After we get together, then we can go after it ... We have just met with Alabama Power to see what it takes to get a permit."

Townson said the statement from Alabama Power shows the Smith Lake water plan could face some unforeseen roadblocks.

"They are neutral and don't say anything about a permit," he said. "It's not a rubber-stamp deal and seems a little more intensive than the commissioners are explaining."

In a previous interview, Cullman County Commission Chairman James Graves has stated he is open to considering both water options.

"Personally, I'm flexible on all the issues," he said. "But I don't speak for all the commissioners, I just speak for myself. Ultimately, it will be up to the two associate commissioners since they have the votes."

In an effort to resolve the water source debate, attorneys from both the city and county are scheduled to meet Tuesday morning to discuss the matter.

County Commissioner Doug Williams did not return a message seeking comment by press time.

--Trent Moore can be reached by e-mail at trentm@cullmantimes.com, or by telephone at 734-2131, ext. 225.

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