Utility agrees to smaller waterline

Johns Island deal to resolve lawsuits JOHNS ISLAND--A planned waterline that some feared was so big that it would speed suburban development across rural Johns Island won't be built as large after all. Also, the St. Johns Water Co. has agreed to give its members more notice about its future plans to build new lines or expand existing ones. The utility, island residents and others agreed to those changes to resolve three separate lawsuits over St. Johns' controversial plan for a 30-inch-wide waterline that would run 12 miles, from James Island to River Road to the Betsy Kerrison Parkway. Under the deal, all parties agree to allow the utility to proceed with building a 24-inch waterline, which will meet the utility's current demand. St. Johns and its opponents still disagree about whether the 24-inch line will meet all its future needs. The 53-page settlement agreement, filed this week, still needs a final blessing from Circuit Judge Thomas Houghston, who will hold a hearing on it later this month. If approved, it would resolve one of the more contentious fights on the island in recent years, one that pitted supporters of the 30-year-old water company against residents and environmentalists who feared the new line would hasten the end of the island's rural character. Both the plaintiffs and defendants agreed not to comment publicly on their deal beyond a joint statement that could be released as early as today. Under the agreement, though, it appears each side got something. Residents succeeded in reducing the size of the line, while the utility finally ended its legal battles that could have delayed any new waterline for several more years. While waterline opponents hoped to preserve the island's rural character, the fight itself effectively caused development on the island to slow to a crawl. The utility can provide about 7 million gallons a day, and its peak demand surpasses that. As pressure dropped in its lines, St. Johns declined to approve new hookups. Edwin Pearlstine, developer of St. Johns Woods, said he was happy to see the compromise, which will clear the way for work to begin on that neighborhood's new phase. "This same compromise probably should have been done years back. It would have saved a lot of money on legal fees and delays, but that's past history," Pearlstine said. "No matter what, Johns Island is going to develop in the future." Seabrook Island Mayor John DuBois said he was watering his yard less frequently because the utility's water supply was getting scarce. "I'm glad they've come to an agreement so there won't be as much strife and stress and tension," he said. "Some people were very passionate about not having the line out here at all." DuBois said he favored the larger line but is glad to see an agreement that will provide more water. "I think it's shortsightedness on (the part of) the people who live in the area where the pipe would cross, because eventually they're going to have come back and disturb the countryside again by coming back and digging it up and putting in additional pipe," he said. The waterline dispute also delayed the ability of Sea Island Comprehensive Health Care, a nonprofit group serving the island's rural poor, to emerge from bankruptcy court. Sea Island hopes to sell a 40-acre tract near Angel Oak for $3.5 million, but the developer that plans to buy the property for a residential and retail project won't close until it is assured of receiving water service. Ron Jones, an attorney for Sea Island, called the agreement "the answer to the prayers of those at Sea Island, not only the board but its constituents, even the lawyers." The settlement doesn't address the issue of whether the utility is subject to the state's Freedom of Information Act, but it does require St. Johns to provide notice of some of its major proposals, including the proposed construction of new transmission lines or contracts that would require new or expanded lines. The 30-inch waterline was estimated to cost about $10 million and would have been paid for partly by a $7.1 million federal loan. The average islander was expected to pay about $1.50 more a month. A 24-inch line is expected to cost about 20 percent less. A utility spokesman said Wednesday he didn't know how the smaller line would affect what residents pay or how soon construction might start. While a 30-inch line is only 25 percent wider than a 24-inch line, it could carry about 56 percent more water. The larger line could provide enough water for up to 16,000 houses, while the 24-inch line could support about 10,000 homes. The waterline dispute began when a Charleston County zoning board rejected the proposed 30-inch line. St. Johns sued and Circuit Judge Markley Dennis overruled the board's decision. The Coastal Conservation League then appealed Dennis' ruling. Meanwhile, island residents petitioned St. Johns to let its roughly 3,500 customers vote on the waterline's size. When the utility resisted, they filed a second suit that claimed in part that it violated the S.C. Freedom of Information Act. Then, St. Johns Water sued residents Thomas Legare, Sam Brownlee, Julia Grant and Cindy Floyd in July, arguing their push for a vote would cause it to default on its contracts. Under the settlement, neither side admits wrongdoing or liability, and each side pays its own attorneys' fees. WHAT THE DEAL MEANS -- St. Johns Water Co. can build a 24-inch waterline. -- This waterline can serve about 10,000 homes, about 6,000 fewer than a 30-inch line. -- Three pending lawsuits will end. -- Johns Island developers stymied because of a ban on new water taps is back in business. -- The new line will improve water pressure and fire protection on the island. -- The line also will serve Kiawah and Seabrook islands, which have had to urge water conservation at times. -- St. Johns' customers will get more notice of future expansions.

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