Jackson County commissioners unanimously approved a new alternative settlement agreement with Duke Power that could bring millions of dollars to the county through annual payments over the next 40 years.

The settlement, written largely by Jackson County Manager Ken Westmoreland in cooperation with the county’s contracted hydropower attorney Paul Nolan, would compensate Jackson — and potentially Macon and Swain counties — for Duke’s use of area rivers to generate hydropower. The money could be used for sediment and erosion control, greenways, lakeside parks — even training and equipment for rescue personnel who respond to lake and river accidents.

Duke is required to provide mitigation in exchange for manipulating the public’s rivers and spent three years negotiating with various stakeholders in the region — from kayakers and fishermen to lake homeowners and local governments. The mitigation package that was developed was later found to be inadequate when compared to the profit Duke generates from its hydropower operations, according to some who are now backing the new agreement.

The new settlement is being billed as a “preferred” solution that would bring together parties at the mitigation table. Jackson County — while the driving force behind the settlement — had not publicly discussed it until now.

“Up to this point, everything we’ve discussed has been with our attorney regarding strategy,” said commissioners’ Chairman Brian McMahan.

The motion to move forward passed with little debate. Jackson County is the second party to sign on to the alternative settlement — the first having been the Town of Franklin, which signed the settlement May 2.

Macon County, which also considered the settlement May 2, decided at that time not to sign, but will address the issue again at a meeting scheduled for May 23.

Now begins the process of collecting additional signers to the new settlement. Westmoreland said he anticipates the Jackson Recreation Advisory Board, the Watershed Association of the Tuckasegee River, Town of Webster, Soil and Water Conservation District, Friends of Lake Glenville, Glenville Community Development Club, Cullowhee Forest Property Owners Association and WNC Alliance will sign on to the settlement.

The alternative settlement should be filed with the Federal Energy Regulatory Commission by June 1.

“Then FERC has two settlement agreements that they have to weigh and make judgments on, Westmoreland said.

Duke’s permits to operate 11 dams in the region expire over the next one to two years. FERC, which ultimately decides the level of Duke’s mitigation, can grant temporary permits while deciding on the settlement.

— By Sarah Kucharski