Tucker County Commissioners and officials from the City of Parsons gather Wednesday to discuss the Pulp Mill Bottom Water Diversion Wall. City attorney Pat Nichols discusses ownership issues with the land and structure with Commissioners during that gathering.
By Beth Christian Broschart
The Parsons Advocate
PARSONS – The Tucker County Commission called a special meeting on Wednesday afternoon and the agenda stated the purpose of that meeting was ‘to discuss and gather information concerning the condition of Parsons Pulp Mill Bottom Water Diversion Wall.’ Parsons City Officials and their attorney Pat Nichols were in attendance.
Commissioner Lowell Moore opened the meeting saying they were there regarding ownership issues regarding the structure.
“The dike does need repaired,” Moore said. “The County Commission is not here to hurt that in any way. We support it 100 percent. Whatever it takes. The ownership is in question. I am going to start and I am not an attorney.”
Moore said after the 1985 flood, in 1986, the Tucker County Commission met and made a motion they would sponsor $825,400 for the job. Moore read from some deeds where the land the dike is on was purchased by the city.
City attorney Pat Nichols asked Moore if his position was since the city owned the property, they owned the dike.
“I believe if you would look at West Virginia Code 22-14-1, called the Dam Control Act, it would confirm what a dam or a dike is,” Nichols said. “It says basically a dam is an artificial barrier or obstruction including any works apparent to it or any reservoir created by it….to divert water. It says it must be 25 feet more than the height of the stream. So we believe the dike is a dam or a diversion dike.”
Nichols said in 1986, the County Commission agreed to sponsor this. “The Dam Control Act goes on to define who the owner is. It says an owner is a sponsoring organization with existing or prior agreement with the Natural Resource Conservation Service for a dam or its works constructed with public assistance…
“Basically, what that says to me and what the Dam Control Act is when the County Commission became the sponsor, it became the owner,” Nichols said. “It doesn’t matter who owns the land. The Code goes on to say that the owner of land upon which a dam is owned, maintained or operated by a sponsoring agency or political subdivision is not responsible for or liable for repairs, maintenance or damage arising from the regular operation maintenance deficiencies or ownership of the dam. The owner of the land shall not be sited as a non-compliant dam owners for any deficiencies of the dam.”
“What that means, Lowell, is that when the Commission took it over in 86 as the sponsoring agency, it’s their baby,” Nichols said. “The city does not have the ability to make application for any grants, aids or loans. It’s the Commission’s responsibility.”
Ray LaMora, Tucker County Prosecuting Attorney, was not available for Wednesday’s meeting. Commissioners asked to be able to consult with LaMora before getting back the City of Parsons.
Nichols said the City of Parsons has exhausted its avenues of seeking assistance to fix the dike.
“We are not the owners,” Parsons Mayor Dorothy Judy said.
In July 2014, a hole was discovered in the Pulp Mill Bottom Dike. The City of Parsons has been exploring many avenues, searching for funding for necessary repairs – yet they keep getting turned down.
On Thursday, Tucker County Commissioners released the following statement to the Parsons Advocate:
“The Tucker County Commission is working closely with the City of Parsons to resolve the issue of ownership of the Pulp Mill Bottom Dike. We will continue to cooperate and work closely until the ownership is determined. Once ownership is determined we will issue a formal statement.”
