THE VIRGINIAN-PILOT 
              Copyright (c) 1997, Landmark Communications, Inc.

DATE: Friday, February 7, 1997              TAG: 9702070002
SECTION: FRONT                   PAGE: A14  EDITION: FINAL 
TYPE: Editorial 
                                            LENGTH:   46 lines

VIRGINIA BEACH HAS ITS DAY IN COURT LONG-TERM ACCORD NEEDED

The future of the Lake Gaston pipeline is now in the hands of three federal appeals court judges. The trio has heard the arguments and read the briefs and now must decide if Virginia Beach will be allowed to proceed with a pipeline that would eventually take up to 60 million gallons of water a day from Lake Gaston, on the Virginia/North Carolina border.

The decision could be months in the making.

Staff writer Karen Weintraub was in the Washington courtroom Tuesday when the arguments were aired. She reported that the judges seemed bewildered by some of North Carolina's legal reasoning which equated taking water out of Lake Gaston to putting pollutants in. By contrast, the judges appeared impressed with the clarity of Virginia Beach's argument.

That is a very encouraging sign for the region, which desperately needs a more plentiful and reliable supply of water. It suggests the Beach has only to wait for a verdict and the long regional nightmare will be over.

Unfortunately, the relief could be temporary. If the court decides in favor of Virginia Beach, it will signal a pause in more than a decade of border skirmishes over the lake and who owns its water. Both sides, however, have said they will appeal the decision if they lose to the U.S. Supreme Court.

Even if Virginia Beach prevails in both arenas, it could be battling North Carolina again in 2001, when its neighbor to the south has permitting power over the entire hydroelectric project at Lake Gaston.

So, even though Virginia Beach seems poised to win in the courtroom, the antagonism and obstructionism from North Carolina and fellow Virginians living in the Roanoke River Basin is unlikely to go away in the next few years.

And if the uncertainty goes on, it will continue to hamper the region's efforts to attract industry, since prospective companies will be aware that the water situation is, shall we say, fluid and could change in a few years' time.

Now may be an opportune time for the parties to the dispute to renew efforts to reach a mutually agreeable long term solution to the water issue. Given the lack of enthusiasm expressed by the judges for North Carolina's case, that state may have new impetus to reach an accord. Anticipating a favorable outcome from the courts, the Beach is in a strong position to push for an agreement that will forever end the unpleasant and costly squabbling over water.

KEYWORDS: LAKE GASTON PIPELINE