Duke’s Catawba-Wateree Hydroelectric Project
SELC Challenges Flow Plan That Threatens Water Quality, Aquatic Species
SELC Defends South Carolina River from Land-for-Water Deal
In 2009, the South Carolina Department of Health and Environmental Control proposed issuing a permit to Duke Energy that would allow the utility to give the state a donation of land and cash to compensate for maintaining harmfully low flows from a series of five hydroelectric stations on the Catawba-Wateree River. We challenged the agency’s decision and secured a unanimous vote from the DHEC board to deny approval of the deal.
SELC is now in the South Carolina Court of Appeals to defend this victory, which was overturned by a state judge’s ruling on procedural grounds. Duke’s system of hydroelectric dams is one of the largest in the country and how it is permitted to operate in the coming decades will set an important precedent, not only for the Carolinas but nationwide.
How Duke’s system of hydroelectric dams is permitted to operate in the coming decades will set an important precedent, not only for the Carolinas but nationwide.
Case Summary
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.