Board rejects Greig rules

LOWVILLE — The Lewis County Planning Board refused to approve a proposed town of Greig law restricting commercial water projects, calling it "legally deficient."

Planning Board members on Thursday voted 4-0 to disapprove the proposed zoning amendment, which would declare all surface and ground water in the town to be in the "public trust." The move would require a special permit for any new commercial water extraction and impose heavy restrictions on such operations.

"It is the owner of the land, not the town of Greig, who owns the natural resources under the land," the county Planning Board said in written comments sent back to the town. "Water, like any other property right, cannot be summarily taken by the town."

The Planning Board said the only way for the town to assume the water rights is to seize them through eminent domain and compensate the property owners.

"The county Planning Board believes that the proposed law is legally deficient," the written comments said. "Should the Town Board adopt the local law as proposed, it would be inviting lengthy and expensive litigation."

The Planning Board's action means adoption of the proposed law in its current form will require approval of a supermajority of Town Council members, County Planner Renee J. Beyer said. Four affirmative votes, rather than the usual three, would be needed for passage.

The Greig Town Council on Wednesday held a public hearing on the proposed zoning amendment, and most comments were favorable. The hearing was adjourned to 5:45 p.m. Tuesday to allow for the county review before a vote. Comments can be submitted to the town until then.

"The county Planning Board is not intending to pass judgment on a controversial local issue," said County Attorney Richard J. Graham, who advised the board in this matter.

However, the board does have a duty to review proposed zoning laws to determine whether they meet legal requirements. Members said they felt the proposal was "deficient in many respects," he said.

The county Planning Board's comments have been forwarded to council members, the town attorney and members of the committee that, during the past year, has worked to develop the proposed commercial water law, town Supervisor Marilyn E. Patterson said.

While changes may be entertained, Mrs. Patterson said she hopes to get the proposed law on the books soon and doesn't share the county Planning Board's legal qualms.

"I've had four different attorneys read this," she said.

For the better part of the decade, John T. and Lynn L. Smoke, Bangor, Pa., have been working to develop a facility for collection, bulk storage and shipment of spring water on their property off Sweeney Road.

The Smokes' plans ultimately were rejected by the Town Council and Planning Board, but the couple now has proposed building a bulk-water distribution center off Burdicks Crossing Road in the town of Turin and constructing a water line under the Black River connecting to their property. An environmental review led by the state Department of Environmental Conservation is under way.

The Smokes' attorney, former state Sen. Raymond A. Meier, in a letter to the Town Council blasted the proposed law as unconstitutional, illegal and discriminatory. He suggested that its adoption would result in a lawsuit "for violating Mr. Smoke's civil rights."

Mrs. Patterson said she has no vendetta against the Smokes and doesn't welcome a lawsuit. However, several small towns elsewhere have been "left dry" by commercial water projects, and many Greig residents have called for protection of their water resources, she said.

"It's the wish of the people," Mrs. Patterson said.