Chronology

UNC considers the Jordan Reservoir for its water and Okun argues for Cane Creek

While Okun was on sabbatical in 1961 the university began considering the Jordan Reservoir as a water source; on his return he persuaded the board that Cane Creek, which his students had studied in the 1950s, was the better site.

Engineering study for UNC recommends a reservoir on Cane Creek

After the 1968 drought left University Lake dangerously low, a study sponsored by the University of North Carolina and conducted by the engineering firm Hazen and Sawyer recommended damming Cane Creek. The Haw River, the proposed Jordan reservoir, an enlarged University Lake and the Eno were among the alternatives set aside.

People: Daniel A. Okun

Cane Creek is chosen as the site of a new reservoir and area landowners organize against it

A consultant's feasibility study concluded that Cane Creek, west of Carrboro, was the best site for a reservoir to supplement University Lake, and OWASA began assembling land there. Cane Creek residents and farmers formed a conservation group and fought the project in court for years, arguing that it would destroy farms and hasten the decline of agriculture and that expanding University Lake had not been properly considered.

People: Daniel A. Okun

UNC trustees approve a Cane Creek pipeline on OWASA's recommendation

With University Lake 64 inches below capacity, the UNC Board of Trustees approved an $824,450 pipeline and small temporary dam to draw water from Cane Creek, described as a step toward the planned reservoir. OWASA, due to take over the University water system in January 1977, recommended the Cane Creek project over alternatives that included pumping raw water from the Haw River to a treatment plant.

Orange Grove residents form the Cane Creek Conservation Authority

Farm families around Cane Creek organized the Cane Creek Conservation Authority to stop the dam and elected 23-year-old dairy farmer Bobby Kirk president; the group had about 100 active members and said 12 dairy farms would be affected. It argued that the reservoir would end farming in the area, that owners had not been consulted, and that Jordan Lake and other sources were alternatives.

People: Bobby Kirk

Court of Appeals lets OWASA survey Cane Creek land over owners' objections

Landowners including the estate of Nancy Armstrong had refused OWASA's surveyors access to the dam site. After a trial court ordered access on April 28, 1977, the N.C. Court of Appeals held that the authority could enter and survey before starting eminent domain proceedings.

OWASA asks the state for power to condemn Cane Creek land

OWASA petitioned the N.C. Environmental Management Commission for a certificate authorizing eminent domain for the Cane Creek reservoir, which would need about 700 acres of mostly woodland and prime farmland. The commission held a seven-day hearing between April and June 1978.

State commission overrules its hearing panel and backs condemnation

A three-member Environmental Management Commission panel recommended in March 1979 that OWASA be denied the certificate, but the full commission adopted the minority report and granted it. The Daily Tar Heel reported this was the first time the full commission had gone against a panel's recommendation.

Army Corps of Engineers issues the federal permit for the Cane Creek dam

The Corps' district engineer issued OWASA a Clean Water Act Section 404 permit to place fill for the dam on the same day the Court of Appeals voided the state certificate. The permit was set to expire on August 31, 1982 unless construction had begun.

Court of Appeals throws out the state's approval of the Cane Creek project

On appeal by the Cane Creek Conservation Authority, several landowners and Teer Farms, the N.C. Court of Appeals vacated the commission's certificate, which Wake County Superior Court had upheld on March 5, 1980. It held that the decision needed an environmental impact statement under the state Environmental Policy Act and a review of the whole record, and sent the case back to the commission.

Opponents sue in federal court, arguing the dam permit has lapsed

The Cane Creek Conservation Authority filed suit in U.S. District Court claiming OWASA's Corps permit expired on August 31, 1982 because no fill had actually been placed at the site. OWASA said its preliminary work before the deadline kept the permit valid.

People: Sam Crawford

OWASA agrees to buy the Stanford dairy farm at the dam site

The same day the commission ruled, OWASA agreed to buy 267 acres of the dam site from dairy farmers William and Joyce Stanford for about $1.28 million, bringing it to 60 percent of the 728 acres it needed. Between 20 and 25 of the 48 affected landowners had sold by then.

State commission grants OWASA condemnation power for the third time

After a second hearing in late 1982, the Environmental Management Commission reissued OWASA's certificate in March 1983, a Wake County Superior Court judge sent it back, and on October 13 the commission reinstated OWASA's power of eminent domain. Mike Teer, by then president of the Cane Creek Conservation Authority, said the group would appeal.

OWASA buys out most of the Cane Creek landowners

By April 1986 OWASA owned 48 of the 50 parcels needed for the reservoir, almost all bought through negotiated sales. Sam Crawford recalled an opening offer of $500 an acre that rose to about $3,500 to $3,600, and that his family lost 50 acres, including their biggest field.

People: Sam Crawford

Federal court dismisses the opponents' permit suits for lack of standing

The U.S. District Court for the Middle District of North Carolina dismissed the two suits brought by the Cane Creek Conservation Authority and Teer Farms, finding they alleged only a general fear of environmental loss rather than a direct injury. The court noted that OWASA had so far acquired all its land through voluntary purchases.

Cane Creek Conservation Authority members go to the General Assembly to oppose an OWASA bill

Fifteen members of the Cane Creek Conservation Authority traveled to the legislature to oppose a bill OWASA sought to settle its outstanding court cases and widen its authority.

Part of Water for the towns: University Lake, the 1976–77 drought, and OWASA · 31 events

OWASA builds a temporary impoundment on Cane Creek

During a water shortage OWASA built a temporary impoundment at the Cane Creek site as an emergency water source, while the permanent dam was still being designed.

Court of Appeals upholds OWASA's right to condemn the Teer land

The N.C. Court of Appeals affirmed the commission's 1983 certificate against an appeal by the Cane Creek Conservation Authority and Teer Farms, ruling among other points that water quality was a proper factor. The Daily Tar Heel reported that the case turned on two parcels owned by dairy farmer Thomas Teer, the last two of the 50 parcels OWASA needed.

OWASA breaks ground for the Cane Creek dam

OWASA held a groundbreaking for the Cane Creek Reservoir, designed by Hazen and Sawyer: a 72-foot-high, 1,350-foot earthen dam on a 760-acre site, with a 480-acre lake holding 3 billion gallons. Completion was scheduled for June 1989.