24-07 · Duck River CPWS permit opposition · Adopted

Apr 22, 2024

REGARDING HICKMAN COUNTY'S OPPOSITION TO THE AQUATIC RESOURCE ALTERATION PERMIT APPLICATION SUBMITTED BY THE COLUMBIA POWER AND WATER SYSTEMS WITH THE TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

Resolution No. 24-07
Adopted April 22, 2024 · 12 aye, 0 nay, 2 absent
Sponsors Claude Callicott, District 1; Dusty Jordan, District 5; Keith Nash, District 4; Ron Mayberry

WHEREAS, the Duck River is internationally recognized as one of the most biodiverse rivers in the entire world, being the most biodiverse in all of North America; and

WHEREAS, Columbia Power and Water Systems ("CPWS") filed an Application numbered NRS23.228 (the "Application") with the Tennessee Department of Environment and Conservation ("TDEC"); and

WHEREAS, the Application includes a request to build a new intake on the Duck River near river mile 100 so CPWS can increase its withdrawal limit of water from the Duck River from 20 million gallons a day to 32 million gallons a day; and

WHEREAS, the Application was heard for public hearing on October 19, 2023 at TDEC's Columbia Environmental Field Office, with the public comment period expiring on November 17, 2023;

WHEREAS, TDEC issued a determination of economic and social necessity for the proposed degradation of Exceptional Tennessee Waters on January 9, 2024; and

WHEREAS, TDEC granted the permit requested by the Application with an effective date of March 15, 2024; and

WHEREAS, the last notice for comment or appeal on the Application was published by TDEC on March 26, 2024; and

WHEREAS, the proposed new intake and increased withdrawal limit would affect the Duck River downstream, where Hickman County is located; and

WHEREAS, upon review of the Application and permit, Hickman County has determined that the proposed new intake is a threat to the delicate balance of the diverse Duck River ecosystem, threatening a pristine natural and national treasure; and

WHEREAS, upon review of the Application and permit, Hickman County has determined that the proposed new intake would negatively impact the residents of Hickman County, as it threatens their quiet enjoyment of this natural wonder; and

WHEREAS, upon review of the Application and permit, Hickman County has determined that the proposed new intake would negatively impact the residents of Hickman County, as it threatens the economic interests of Hickman County in that decreased flow resulting from the increased intake upstream could threaten water supply;

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Hickman County, Tennessee, meeting in regular session this 22nd day of April, 2024, that:

Section 1. Hickman County hereby officially and formally opposes the permit and construction of the intake near river mile 100 on the Duck River.

Section 2. Hickman County requests that the TDEC reverse its decision on the Application approving the permit to ensure the continued biodiversity of the Duck River and its natural splendor for generations to come.