The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Friday, July 26, 1996                 TAG: 9607260465
SECTION: LOCAL                   PAGE: B2   EDITION: NORTH CAROLINA 
SOURCE: BY PAUL SOUTH, STAFF WRITER 
DATELINE: KILL DEVIL HILLS                  LENGTH:   67 lines

KILL DEVIL HILLS BOARD HOLDS OFF ON WATER PACT, WANTS PUBLIC INPUT

Commissioners in this beach community want to hear from the public before approving a 40-year water agreement between Dare County, Nags Head and Kill Devil Hills.

Members of the town's five-member governing board reviewed the 15-page draft agreement at Wednesday night's regular meeting. Mayor Duncan Wright and Commissioner Bill Morris gave the proposal a favorable review. But no final vote was taken.

Commissioners said they wanted to give the agreement more study, and hold workshops and public hearings on it.

``You've been working on this for eight or nine months,'' Commissioner Jimmy Dean Hanks told Kitty Hawk attorney Robert Outten, who has served as facilitator among the three governments. ``We've had this for about a week. We're going to need a lot of time to look it over.''

Dates for hearings and workshops have not been set.

For the past several years, the three entities have operated under a series of verbal and written agreements for water service. For the past two years, the county and two town governments have been working toward a formal agreement.

Outten said the agreement will ensure that the towns will receive their needed water from the county.

``This agreement solve problems that now exist, and addresses potential conflicts that may exist the future,'' Outten said. ``Everything is not like Kill Devil Hills wants it. Everything is not like Nags Head wants it. And everything is not like Dare County wants it.

``You have to look at the big picture, and decide if this is in the best interest of the people of Kill Devil Hills.''

The document provides for arbitration in case of disputes. It also establishes a rate structure. But above all, the agreement ensures the towns their water allotments. Kill Devil Hills' allocation is 3 million gallons per day.

The agreement also establishes a policy for what will be done in a severe dry spell. None exists now.

The towns do not pay a fee for their water allocation. The cost of the water is borne by individual customers. Under the proposal, that would not change.

The towns do, however, pay $76,231 annually for water rights. Those yearly payments would continue through December 2001.

Outten said the reason for the 40-year agreement was to allow the towns to recoup their investment, and provide greater security for the municipalities.

``This was not a magic number,'' Outten said. ``But if we set the agreement at five years, at the end of that period, the county would own the system lock, stock and barrel. This will allow the towns to get a return on the money they've put in.''

Though the commissioners chose to delay a vote, Morris expressed support for the pact.

``I think it protects the town,'' he said. ``I'm very comfortable with it.''

In other action Wednesday:

The commission unanimously approved funding for a new beach access at Prospect Avenue. The project will cost $69,000, with funding provided by the town's Shoreline Access Fund and a grant from the Dare County Tourist Bureau.

Accountant Earl Kelly was unanimously appointed to one of three alternate positions on the Kill Devil Hills Board of Adjustment.

Commissioners agreed to allow bow hunting for deer in Nags Head Woods during the 1996-97 hunting season.

Commissioners first agreed to allow hunting last season to help manage the growing deer population in the maritime forest. Rapid growth in the deer population caused problems in the herd and for nearby residents. by CNB