FARMVILLE – Town manager Gerald Spates has confirmed the Town will pursue legislation loosening state restrictions on a locality's use of its own water impoundment.

“Yes, we are,” he told The Herald.

Spates added that he expects other localities to join in support of the legislation because they share a similar predicament. “I think there will be a lot of interest,” he said.

Such a bill, to be introduced in the 2013 General Assembly session, would allow the Town of Farmville's to release water from Mottley Lake into the Appomattox River to bolster the flow of water to the Town's water treatment plant in time of extreme drought.

State law currently prescribes that virtually all bodies of water are “waters of the state” and under the jurisdiction of Virginia's Department of Environmental Quality (DEQ).

The Town now must first receive permission from Prince Edward County and then from DEQ.

Section 15.2-5122 of the Code of Virginia states, “No locality or authority shall construct, provide or operate outside its boundaries any water supply impoundment system without first obtaining the consent of the governing body of the locality in which such system is located.”

Mottley Lake fits that legal description.

The Town purchased the 35-acre Mottley Lake solely to provide a boost to the Appomattox River, located less than a mile away, should a drought of sufficient severity make it necessary.

Water continuously flows over the spillway at Mottley Lake, making its way into the Appomattox River, and the Town therefore believes increasing that already-existing flow via the siphon system in place should not require approval from the County or the state.

During an October 23 legislation briefing/forum hosted by Prince Edward County, Spates raised the issue and received support from 60th District House of Delegates member James Edmunds.

“Why does the County have the authority to recommend approval or disapproval?” Spates asked during his presentation at the luncheon. “I think this ought to be a decision that's left up to the local government and why would there be any objection to the Town servicing town as well as county residents with our water system? And why would DEQ have any problems or issues with the Town, in an emergency situation, putting water into a river it already flows in to?

“We don't understand,” Spates said in his formal remarks, “why there would be an issue with that. But the law says that we have to have their approval.”

Regulations need to be changed, he said, to give the Town the authority to withdraw water from Wilck's Lake or Mottley Lake without needing County or state approval.

“All we're asking for is a change in the Code,” the town manager said.

Del. Edmunds concurs.

“I totally agree,” the 60th District representative said responded.

Del. Edmunds, who represents the Town of Farmville and Prince Edward County in the General Assembly, said, “I have no issue with Farmville or any other town” doing just as Farmville suggests. “I have no problem with that and I'll be happy to help with that…”

The Halifax farmer drew the distinction between what Farmville proposes and the interbasin transfer of water, which Del. Edmunds opposes and which the Town of Farmville does not seek.

The interbasin transfer of water takes water from one river basin and puts it-via manmade conveyance-in another, different river basin where there is less water available.

“I'm not so much for interbasin transfer,” Del. Edmunds said. Neither is the Town or County.

Prince Edward County's Board of Supervisors voted its approval in early August of the Town releasing water from Mottley Lake into the Appomattox River, clearing the way for the Town to make such a request to DEQ at a time when the river had recorded an historically low flow.

But the Town never sought permission from DEQ and, furthermore, never released water into the river, opting to enhance well capacity at its water treatment plant.