Virginian-Pilot


DATE: Saturday, March 1, 1997               TAG: 9703010288

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 
SOURCE: BY KAREN WEINTRAUB, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:   73 lines




AREA CITIES TRY TALKING BEFORE COURT WATER WAR

Cities are giving diplomacy one more chance before resorting to legal action over water.

Norfolk, Virginia Beach and Chesapeake officials were expected to decide this week whether to sue Suffolk over water permits affecting the Lake Gaston pipeline project. Instead, all three councils have deferred action - at least temporarily.

The Beach City Council met in closed session for about 45 minutes Friday to discuss the possibility of filing suit. Several city officials said later that the council intentionally delayed making a decision, hoping that the cities could reach a compromise.

``There is a dialogue,'' Mayor Meyera E. Oberndorf said Friday. ``You always try shuttle diplomacy before you're forced into the courts . . . and it would benefit the entire region if it could be resolved morequickly.''

On Feb. 19, the Suffolk City Council awarded Norfolk zoning permits it needed to expand a pumping station to treat Lake Gaston water destined for Virginia Beach and Chesapeake. But the council attached conditions to the permit that Norfolk officials have said they cannot abide by.

Suffolk wants Norfolk to put new restrictions on its use of four deep-water wells Norfolk owns within the city of in Suffolk. Norfolk could still use the wells in times of drought and with Suffolk's permission, but could not profit from the regular sale of that water.

Suffolk officials say the restrictions will guarantee ample water for their own residents; Norfolk officials say they violate state law and will deprive their city of a much-needed source of revenue.

Norfolk has two and a half weeks left in a 30-day window to file suit. Because Virginia Beach and Chesapeake would both benefit from the permit, needed for the completion of the Lake Gaston pipeline system, both cities are considering joining Norfolk's suit.

Virginia Beach would draw as much as 48 million gallons a day from the pipeline, and Chesapeake, a one-sixth partner in the project, would get as much as 10 million gallons.

Oberndorf said she is not sure how quickly an inter-city deal could be arranged, but it would have to be done before the opportunity to sue runs out.

``It's going to depend on if there is any significant progress accomplished,'' she said.

Norfolk City Manager James B. Oliver Jr. said the mayors of all four cities have directed their city managers to try to find a solution without a lawsuit.

``I think everybody just really wants to make sure that legal action is really a last resort,'' he said. ``Everybody would really like not to have to turn to the courts.''

The four city managers met for a few minutes Friday at the end of another meeting to discuss the possibility of a deal, and are scheduled to continue their conversation over lunch on Monday.

Suffolk City Manager Myles E. Standish said he is willing to talk to his counterparts, but he would not comment on the likelihood of an out-of-court agreement.

``I look forward to meeting with representatives from Norfolk and Virginia Beach in the near future, so I can hear what they have to say,'' Standish said.

When asked if there was some kind of deal to change the conditions of the permit, Standish responded: ``Absolutely not. Only the City Council can amend the conditional use permits.''

Chesapeake City Attorney Ronald S. Hallman said his council has not decided about the suit.

``At the present time nothing is going on that I could talk about,'' he said. ``Certainly, we're aware of the dynamics and what's going on in the other cities, and we're watching that. . . We're just watching the situation and considering our options.''

The Chesapeake council isn't scheduled to meet again until March 11, although it could call a special meeting to discuss the possibility of litigation, Hallman said. Both the the Beach and Norfolk councils have regular meetings scheduled for Tuesday. MEMO: Staff writer Terri Williams contributed to this report.



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