Duke’s Catawba-Wateree Hydroelectric Project

In the relicensing process for 13 hydroelectric stations in North Carolina and South Carolina, Duke Energy proposed an operation plan that would result in harmfully low flows in the Catawba-Wateree River. Under this plan, flows from several of the dams in South Carolina (in particular, the Wylie and Wateree dams) would be insufficient to maintain water quality and habitat for fish and other species, including the endangered shortnose sturgeon. 

As mitigation for damage to the river, Duke Energy proposed giving the state a donation of land in upland areas, as well as a one-time monetary donation. South Carolina’s Department of Health and Environmental Control recommended acceptance of this trade of land and money for water, which would fail to compensate for the adverse impacts of decreased flows. The result would be insufficient water depth and velocity to sustain healthy conditions for aquatic wildlife.

SELC challenged the agency’s decision, which violated state and federal clean water laws and set a dangerous precedent that would promote similar out-of-kind mitigation deals that subvert South Carolina’s water quality standards. On July 9, 2009, the South Carolina Board of Health and Environmental Control voted in our favor by turning down Duke Energy’s request. Moreover, it agreed with our argument and overrode DHEC’s proposed approval of the scheme.