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Birmingham Water Works says bill to restrict mining appeals favors coal at expense of clean water

Birmingham Water Works officials warn that a bill passed in the State Senate and pending in the House would reduce their ability to fight for clean water.

The Water Works opposes the bill from State Sen. Greg Reed, R-Jasper, that would require all appeals of decisions by the Alabama Surface Mining Commission to be heard in Walker County.

A hearing on the bill will be Wednesday at the State House.

Water Works officials said the legislation unfairly limits the ability to appeal mining decisions by requiring that they be heard exclusively in Walker County court.

"Shepherd Bend LLC, a subsidiary or Drummond Company, wants this case and all future cases heard in Walker County to establish home field advantage," said Darryl Jones, Water Works assistant general manager of operations and technical services.

Reed, who is also Senate Majority Leader, dismissed any notion of unfair play regarding his bill. Rather, he said the provision was a way to streamline the process and cut down on expense.

"This legislation is about fiscal responsibility and common sense. It is not a new concept," Reed said. "The Surface Mining Commission's office is located across the street from the Walker County Courthouse, which saves state dollars because they will not have to travel to conduct their duties."

The Water Works for years has opposed some proposed mining operations, which they have said could affect the Black Warrior River.

The river is a major water source for the Water Works.

Utility officials said limiting the appeals process to Walker County could unfairly favor mining companies because the industry represents a major source of the local economy there.

The bill could directly impact an ongoing Water Works dispute over planned mining operations along the river.

While the Alabama Supreme Court sent the Water Works' appeal to Jefferson County in late 2014, Reed's bill could reverse that order Water Works officials contend.

The Water Works since 2010 has opposed the opening of a mine near the water intake of its filter plant.

Environmental groups, including the Black Warrior Riverkeeper, also fought the mine. Much of the land is currently owned by the University of Alabama.

A subsidiary of Drummond Coal Co. and the Alabama Surface Mining Commission wanted the Water Works' appeal of the permits to be conducted by a judge in Walker County, the same county in which the mine and the commission are located.

Nevertheless, the state Supreme Court justices ruled 8 to 1 that the appeal would be heard in Jefferson County.

"This bill usurps the authority of the Alabama Supreme Court and takes away the rights of citizens and businesses throughout Alabama who are impacted by mining operations every day," said Water Board member Kevin McKie. "This is an attempt by one outfit to consolidate all decision making authority into their own backyard. The BWWB's customers and the people of Alabama should be opposed to this bill."

Reed sees things differently.

"In no way does this bill favor coal companies, most of which do not have their offices in Walker County," he said " It favors taxpayers by implementing a common sense cost saving measure."

source: http://www.al.com