
DATE: Wednesday, September 24, 1997         TAG: 9709240447

SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 

SOURCE: BY PAUL SOUTH, STAFF WRITER 

DATELINE: KILL DEVIL HILLS                  LENGTH:   85 lines

DISPUTED CHANGE IN WATER PACT TO BE AIREDAT ISSUE IS SELLING SURPLUS GALLONS TO CURRITUCK AREAS IN CASE OF EMERGENCY.

Town commissioners will revisit a disputed change to the area's tri-party water agreement tonight, but a study authorized by Dare County could make what they think beside the point.

Earlier this month, Dare County commisioners authorized a hydrogeological study of its groundwater supply. But that may not be enough to get commissioners in Kill Devil Hills to approve an amendment to the three-way water agreement between Kill Devil Hills, Nags Head and the county.

Tonight for the third time, town commissioners will consider the change to the 40-year pact that would clear the way for emergency water sales to developments on the Currituck Outer Banks served by Carolina Water Service. Dare County and Nags Head have already approved the addendum.

If Kill Devil Hills rejects the amendment, it dies. But if the water study, slated for completion next spring, shows that Dare County has adequate water, then the county can sell to whomever it wants, without approval from Nags Head and Kill Devil Hills.

The Kill Devil Hills board has twice tabled the issue.

Last month, the Kill Devil Hills governing board said it wants changes in the amendment, including:

A clearer definition of what constitutes an emergency.

More say in approving an emergency sale. Under the present amendment, Dare County Manager Terry Wheeler would have sole power to determine an emergency and approve the sale. Kill Devil Hills wants at least two of the three parties to approve such transactions.

The county has met one of the conditions with the hydrogeological study. The cost for the water survey will not impact water rates in the towns.

Dare County Commissioner Doug Langford said the completion of the water study next spring could make the proposed amendment unnecessary.

In its place, provisions of the original tri-party agreement would govern. Under Section 18, if the water study shows the county has enough water, then the county could unilaterally approve sales under any circumstances to any party it wishes.

If the county does not have surplus water, the picture changes.

``If the study is completed, and we find out we don't have sufficient water to sell, then the county will have to reassess its position as far as our groundwater supply is concerned,'' Langford said.

Langford said the other changes requested by Kill Devil Hills are not included in the amendment.

The big question to be decided at tonight's meeting is if Dare County's decision to go ahead with the study is good enough to sway Kill Devil Hills to approve the amendment.

If that happens, Dare County could go ahead with the deal while the study is being done.

For at least one town commissioner, Mayor Pro Tempore E.M. ``Coy'' Harbeson, the water study is not enough. Harbeson has been an outspoken critic of the three-way agreement since its inception.

``It doesn't change my mind,'' Harbeson said. ``They left off what we asked for. We believe that more than one person should decide when to sell. There's not a whole lot of difference as far as I can see.''

Harbeson, a candidate for mayor in Kill Devil Hills, said citizens are opposed to water sales to the Currituck developments.

``I've talked to a lot of people, and the vast majority of them don't want to sell water to Currituck County,'' Harbeson said.

If Kill Devil Hills commissioners reject the amendment, Langford is uncertain as to the next step.

``Let's wait and see,'' Langford said. ``I would not want to interfere with their deliberations in any way, and would respect any decision they make.''

Tonight's meeting is open to the public. ILLUSTRATION: Graphic

MEETING AT 7 TONIGHT

Kill Devil Hills commissioners meet at 7 tonight.

AT ISSUE: Dare County wants to amend a water agreement so it can

sell emergency water to Currituck County developments. Dare County

and the town of Nags Head have approved the amendment; Kill Devil

Hills has not.

SUPPORTERS SAY: The amendment and emergency pact is a first step

toward regional cooperation. They say there is enough water.

OPPONENTS SAY: The county may not have enough water to take care

of itself, much less neighboring counties. Kill Devil Hills wants

more say in when an emergency sale is permissible.