CLARKSBURG, W.Va. — At the request of a farmer along the West Fork River, the Harrison County Commission is looking into the consequences of getting involved in a complaint filed in hopes of stopping dam demolition.
John Stenger, a landowner in Lost Creek, asked the commissioners Thursday to join on as a party to the complaint he filed in the 15th Circuit Court earlier in the week, seeking an injunctive relief in stopping the project.
He told commissioners that his organization, Guardians of the West Fork, had finally secured a lawyer who would entertain taking up the case, but only if they could get the county commission –which has vocally opposed the project, previously— on board.
Part of the civil action claims that removing the West Milford and Highland Dams and draining the pools of water backed up behind them violated their designation as lawful fences.
That designation was made by the county commission as a “last-ditch” effort to stop the project.
“My heart was broken,” Commission President Ron Watson said about the project proceeding. “I don’t know why the entities would not at least take a look at our order that the commission put in and take that to court and let a judge rule as to the validity.”
Watson said after issuing that order, he ran it by numerous government agencies but none issued a challenge to the project.
By removing the dams, Stenger, the county commission and other opponents say that they are being denied fencing, water access, a historical structure and recreational opportunities.
However, the Clarksburg Water Board (the owner of the dams), the U.S. Fish and Wildlife Service (the lead agency in the demolition project) and other proponents say that by restoring the river to its natural flow, the habitat for endangered mussels and various fish will improve. The water board would also be able to rid themselves of the liability that comes with the dangerous Roller Effect the dams present, as well as maintenance costs.
U.S. Fish and Wildlife is offering fence and water source installation to the landowners who feel affected by the project. While some have taken them up on the offer, others, like Stenger, claim it just isn’t the same.
After hearing Stenger’s request, the commission vowed to look into the matter.
“We have designated Bernie [Fazzini] as a committee of one to deal with our legal,” Watson said.
Commissioner Fazzini voiced his continued concern that if the commission is involved in ending the project, they would be on the hook for compensating the federal agency for the work they have already put in, which estimates have put as high as $400,000 before the actual demolition began on Monday.
It was pointed out that it would be the CWB that would have to compensate the agency for their work, but that was countered with the fact that because the water board was not involved in shutting the project down, they would more the likely sue the commission for their involvement.
“I’m assuming that [Prosecuting Attorney Rachel Romano] is going to ask me to get a civil attorney to give me an opinion,” Fazzini said.
Which is something he would do, if the price is right.
“If they can get me for a reasonable amount of money, then yeah. If they’re going to get into the case big time, I’m probably not going to do that and go with my assumption that it’s going to cost us.”
The demolition is already under way, as of Monday, when the first notch was hammered into the West Milford Dam.
Crews are taking it two feet per 24 hours to give the river banks enough time to adjust to the natural flow of the river.
Separate teams have been working to remove the litter from found in the water and keep an eye out for mussels stranded on the banks as the water levels fall.
The civil case has been assigned to Judge James Matish, who has not ordered the project to stop as of Thursday afternoon.