CLARKSBURG, W.Va. — The Clarksburg Water Board approved an agreement to sell three dams along the West Fork River to the Harrison County Commission in order to possibly prevent their demolition.
“[The agreement] would ensure the position of the water board that we want to transfer all of our right, title, and interest in any possible liabilities in these properties to the county commission, who could maintain and manage them in a better position,” board president Paul Howe said.
The board voted 2-1 on July 14 to authorize legal counsel to draft the agreement, which would “bargain, sell, assign, and convey unto the commission” the dams in question for the sum of $10.
Should that agreement be signed by both parties, the county would be fully responsible for all of the responsibilities that come with the dams including protecting the public from harm by providing “adequate and effective warning of danger arising upon and around the dams” and maintaining the dams to a safety standard.
A contract with the U.S. Fish and Wildlife Service to utilize grant money to demolish the Highland, Two-Lick and Milford Dams, modify the Hartland Dam and clean up the river would also transfer over to the county.
Proponents of the project point to it restoring the endangered Clubshell Mussel, improving the fishing by restoring small mouth bass and muskie and eliminating the dangers of the Roller Effect that is common with similar dams.
However, those in favor of keeping the dams—including the county commission—believe the Clarksburg Water Board should not determine the fate of the dams due to the fact not all of them are in Clarksburg.
“I’ve always felt this was a county issue with the dams being out of our jurisdiction,” John Calvert, the newest board member said. “We’ll see what the county plans to do after they’re presented with that draft.”
A community organization known as the Guardians of the West Fork has been a driving force in keeping the dams and getting the county commission involved, as they are skeptical of the agency’s claims regarding the benefits of the project and want to use the dams for recreational purposes.
While the board would no longer own or maintain the properties under the proposed agreement, they would be on the line in a civil case should harm come to someone while on the dams due to legacy liability.
“West Virginia law prevents the county commission from indemnifying or protecting the water board from liability,” Tim Stranko, general counsel for the board and writer of the sales agreement draft said. “They can’t tender that kind of indemnification, so we can’t protect ourselves from what a jury may decide in the future if there were an injury or harm at those dams.”
The three board members made a point at their meeting Tuesday to state they did not intend to sign such an agreement until the commissioners had a chance to look it over and they had an opportunity to gauge their response.
Commissioners have been on the record as in favor of a water trail project that includes modifying the dams for safe boat passage and has turned to the state’s congressional delegation for help in possibly acquiring the money to take on such a project and to help deal with the U.S. Fish and Wildlife, which has indicated does not intend to back out of the contract –and if it did would seek reimbursement for taxpayer funds spent since the previous water board voted 2-1 to initiate the project.
There is the possibility that even if the county commission does take possession of the dams, the demolition project will still proceed. There is also the possibility that the commission will balk at taking on the dams all together.
In that case, Calvert proposed initiating talks with the U.S. Fish and Wildlife to adjust the project’s schedule and begin with the demolition of the Highland Dam rather than the dam in West Milford, where community members are the most resistant.
“That makes the most sense for the water board because that’s our biggest liability. It’s the only dam that we ever had to pay a settlement on,” he said. “It would also give the residents some idea of ‘before and after.'”
In the water board’s contract with U.S. Fish and Wildlife, the order for the project is not specified and the agency indicated Tuesday that it would be open to at least having those talks, said Callie McMunigal, the Appalachian partnership coordinator. for the federal agency.
“I think it would be fine in some aspects to start at Two Lick, reuse the riprap that’s there to lower construction costs at the other one,” she said. “As long as we had a firm guarantee that we’d be able to follow through with all three dam removals.”
She explained they were putting the initial focus on the Milford Dam because restoring the river their has the most impact in restoring the Clubshell Mussel, which is native upstream in Hacker’s Creek.
The first opportunity the county commission could look at the draft would be at its meeting Aug. 6.