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Harrison County Commission makes last attempt at ending dam demolition project

CLARKSBURG, W.Va. — It seems the Harrison County Commission has made it’s last attempt to prevent three dams along the West Fork River from being demolished.

“We’re out of it,” Commission President Ron Watson said. “We’ve made the order and if a property owner wants to challenge what another agency may be doing, the it’s up to them to challenge it.”

On Thursday, the county commission approved a citizen’s application to “designate certain deep water pool areas behind the Two Lick Dam, West Milford Dam and Highland Dam as a lawful fence,” based on the procedures outlined in section 19-17-2 of state code.

(Read the commission’s order here.)

The thought behind the move is that if the pools of water created by the three dams is considered a lawful fence, then the removal of the dams by the Clarksburg Water Board (the current owners of the property) and the U.S. Fish and Wildlife Service (the agency leading the demolition project) may have to stop.

The county commission has been searching for a way to stop the project following the Water Board’s 2-1 vote in March to initiate the project. They claimed to be speaking on behalf of some citizens living along the West Fork opposed to the demolition.

After months of searching for a way to put a stop to what might be the first river restoration project in the state, the commission’s options were narrowed down to the lawful fence designation and eminent domain.

“We have no desire to subject tax dollars on eminent domain on that,” Watson said.

It’s not clear what, if anything, the lawful fence designation will do for those opposed to the project.

Should the issue go to court, the main contention would be over the commission’s specific use of “certain deep water pool areas” as a fence, when the statute only signifies “All rivers and streams, and parts thereof…” can receive the designation.

After speaking with a number of attorneys, the U.S. Fish and Wildlife does not believe their progress will be hindered.

“It’s for tort litigation,” said John Schmidt, a Field Supervisor. “It would protect the landowner whose livestock are on that farm from any repercussion should that livestock leave.”

For those living along the river that may have been look for a physical barrier rather than a legal boundary, Schmidt said they will work with the landowner to provide that.

“Between USDA and the Fish and Wildlife Service, we’ve provided 100 percent cost-share on fencing and alternative livestock water. We’ve always done that and we have a track record in Harrison and Lewis County of doing that in this watershed.”

Demolition of the three dams and renovation of the Hartland Dam is expected to begin soon this fall, after all of the permits have been approved.

It’s not clear at this time if any landowners have planned to bring about any legal action to stop the project.





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