Cumberland supervisors review draft water agreement to reserve 7 million gallons daily from Virgil R. Hazel Reservoir

Cumberland County officials sought board authorization to formalize a long-discussed water allotment with Henrico County that would reserve up to 7,000,000 gallons per day for Cumberland from the Virgil R. Hazel (Cobbs Creek) Reservoir or from Henrico’s existing intake on the James River.

County staff told the board the Virgil R. Hazel Reservoir (referred to in some earlier materials as Cobbs Creek) is nearing completion and that Henrico’s DEQ withdrawal permit authorizes up to 47,000,000 gallons per day; the draft agreement discussed at the meeting would set aside 7,000,000 gallons per day for Cumberland. The staff presentation noted the county would not pay for that allocation now but would codify how costs would be allocated if the county later used the water, using an annual “true up” reimbursement formula.

The county administrator read a proposed resolution that would authorize the administrator to review, update and execute a proposed water agreement with Henrico County allowing provision of up to 7,000,000 gallons per day either from the reservoir or from the James River, with rates to be set annually. The resolution text presented to the board described the reservoir as holding nearly 15,000,000,000 gallons and referenced negotiations begun in 2011.

Several supervisors raised concerns about the resolution as drafted. One supervisor said the proposal as written would grant the administrator signatory authority to finalize and sign any deal, rather than returning a negotiated agreement to the board for final approval. That supervisor moved to amend “to strike signatory/execute authority” so that staff would be authorized to review and negotiate but would return the final agreement to the board for approval. The supervisor stated: "So my motion is that we amend it as I presented." (Motion maker recorded in the meeting transcript as a board member; the transcript did not provide a roll-call vote on the amendment.)

Staff explained the draft agreement would also include provisions governing construction of withdrawal facilities if the county chose to use its allocation, and the pricing/true-up methodology that would determine payments for any water used during a budget year. No final execution or payment obligation was scheduled at this meeting; staff emphasized the request was to authorize review and negotiation and to codify the allocation mechanics so the allotment could be secured in principle.

The board did not record a completed vote on the resolution in the public transcript provided; the requested next step in the material presented was for the administrator to bring a finalized agreement back to the board. The presentation and ensuing discussion also included public-comment questions earlier in the night from residents who said they were confused by earlier references to the James River and asked for clarification on which intake would be used.

The board’s discussion clarified three points: the 7,000,000-gallon figure reflects an allotment referenced in earlier negotiations; any physical withdrawal would require construction of intake and withdrawal facilities meeting Henrico’s standards; and the county would use an annual reimbursement true-up rather than immediate, ongoing charges if it later used the allotment.

Next steps identified in the record were for staff to revise the draft agreement to reflect the board’s direction on signatory authority and bring the updated agreement back to the Board of Supervisors for final approval.