Waterline deal in works

24-inch line on Johns Island appears likely to come from tangled legal web St. John's Water Co., having faced years of controversy and litigation over a plan to run a 30-inch waterline across rural Johns Island, is now working on a settlement that calls for a smaller line. "They basically agreed to a 24-inch line if we would agree to certain conditions," said Thomas Legare, a Johns Island farmer and leading opponent of the larger line proposed by the utility in 2001. Legare and six other people familiar with the negotiations said that while the details haven't been put on paper yet, there's agreement on what the outcome should be. Settlement talks were proposed about two weeks ago by the utility on the eve of a court hearing. "We're still waiting for the details," said Sam Brownlee, another opponent of the 30-inch line. "The devil is in the details." St. John's Water sued Legare, Brownlee, Julia Grant and Cindy Floyd in July after they organized a successful petition drive in which customers of the utility demanded a referendum on the waterline debate. The goal of the suit is to stop the vote from happening. Brownlee, Grant and Legare previously sued the water company for violating the South Carolina Freedom of Information Act. The utility and the Coastal Conservation League also are locked in litigation in state appeals court in a case involving zoning approval for the waterline. And the waterline issue has become central in the bankruptcy of Sea Island Comprehensive Health Care, a nonprofit provider of services to the rural poor. Sea Island's plan to emerge from bankruptcy by selling off most of its undeveloped land has been held up by the unavailability of water service. Sea Island has asked a bankruptcy court judge to force St. John's to provide service but agreed to delay a hearing on the issue because negotiations were under way with waterline opponents. J. Ronald Jones Jr., Sea Island's bankruptcy lawyer, said lawyers on both sides of the waterline dispute have told him a settlement involving a 24-inch waterline is imminent. "I'm confident there will be one," said attorney George J. Kefalos, who is representing Legare and the others sued by the utility. "It's far from a done deal, though." "They don't want to reach an agreement with some residents, then have others turn around and sue them," he said. Gaines Smith, who represents St. John's Water, confirmed that a settlement is being developed. "We haven't reduced anything to writing, but we're trying to get a global settlement," said Smith, who would not confirm or deny that the utility will agree to a 24-inch waterline. Dana Beach, director of the Coastal Conservation League, said a line of that size is what the utility has proposed. "My feeling is that a 24-inch waterline is justified, on the grounds that Kiawah and Seabrook will continue to develop and need water," he said. There's been general agreement that Johns Island needs a second water main, but since 2001 the utility has argued that a 30-inch line is needed to accommodate future growth. Opponents have insisted anything larger than a 24-inch line would promote sprawl and have blocked plans for the large line with legal maneuvers and a planned utility customer referendum. A single 24-inch line currently serves most of the development on Johns, Kiawah and Seabrook islands. A 30-inch line can carry 56 percent more water, enough to serve about 16,000 homes, according to utility company estimates. Right now, about 3,000 would-be customers of St. John's Water are waiting for service but cannot get it because the system is at capacity, according to the company. The proposed line would follow a 12-mile route from James Island, across the Stono River and along River Road. Several developments along the River Road corridor containing many hundreds of homes are working their way through the approval process. Beach said that growth on Johns Island depends on roads and zoning as well as access to water. He noted that existing zoning rules would allow "a number of multiples of the current population." He's hopeful that settlement talks will be completed soon. "There are a lot of lawyers and a lot of people involved in this," he said. "They (the utility) are currently drafting an agreement, and we are waiting for a copy. We think we can come to terms with the company and agree on a smaller line."

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