No Valor in Draining Jefferson County

Abandoned 3-M plant intended for water bottling facility in Middleway

The Jefferson County Planning Commission met again on September 9, with the Sidewinder Enterprises lawsuit still on its agenda. The case remains perhaps the most closely watched development dispute in the county this year — not only because of its potential impact on Middleway, but because of what it could mean for local control over land-use decisions going forward.

Sidewinder Enterprises — the California-based developer behind the proposed Mountain Pure bottling plant — has spent the summer challenging the Commission’s unanimous decision to reject its revised concept plan on March 12.

A hearing is now scheduled in Circuit Court for November 10. At the same time, the company has launched a new marketing effort under the name Valor Reserve, LLC, presenting the project as a way to “… enable rapid water deployment during disasters and emergencies” for “generations of hard-working citizens, first responders, soldiers, and families in need.”

It’s a slick message. It’s also propaganda. The campaign claims that “beneath this great land of ours is an aquifer that can produce 1.5 million gallons of fresh water per day indefinitely.” Hydrogeologists have questioned the validity of that figure, noting that the pumping test used for the project is not an appropriate method for karst geology — which underlies much of the region. Karst systems can be highly variable — meaning water availability can fluctuate and contamination can spread unpredictably.

All the same, there is more at stake here than gallons and truck trips. Groundwater beneath the old 3M/Kodak brownfield site contains a documented plume of trichloroethene and dichloroethene — chemicals associated with past industrial activity that remain part of the property’s contamination profile.

The Planning Commission cited this contamination when it rejected the concept plan, warning that renewed pumping could migrate the plume offsite, endangering drinking water for the county. Sidewinder’s own consultants claim their plan includes stopgaps and safeguards. But trust without verification is not a strategy.

Far From Over

Jefferson County has seen this story before. When Rockwool arrived in 2018, area residents were assured their construction would be safe, permits would be followed, and the community could trust the process. Within weeks of breaking ground, the West Virginia Department of Environmental Protection cited Rockwool with six stormwater violations — including failure to report a sinkhole — and found its controls unsatisfactory. In 2021, the Danish Mediation and Complaints-Handling Institution for Responsible Business Conduct (NCP Denmark) concluded Rockwool had failed to properly assess risk or meaningfully engage the community before building. 

The lesson is simple: oversight is not hostility — it is stewardship. And when a corporation asks Jefferson County to trust them with its water, the County has every right to demand proof, independent science, and binding safeguards before the first gallon is pumped.

To be clear, this is not about rejecting every business proposal that comes through Jefferson County. This is about insisting that those who profit from this region’s resources do so responsibly, transparently, and without placing the community at risk. If Sidewinder truly wants to protect West Virginia’s water security, as they claim, then they should leave Middleway’s groundwater in the ground — for the farmers and families who rely on it — and source bottling operations from sustainable surface water. There is no valor in shipping Jefferson County’s aquifer to the highest bidder.

The Planning Commission’s decision last spring was a victory, but the lawsuit proves the fight is far from over. That’s why community vigilance matters. It’s also why intervenor status for the Jefferson County Foundation and eleven Middleway property owners is so significant — they are standing as separate parties to make sure local voices are not bargained away in a quiet settlement.

The next steps are clear: stay engaged. Attend Planning Commission meetings. Write to your county commissioners and let them know you support protecting Middleway’s aquifer and historic district. Show up on November 10 when the Circuit Court hears the case. Jefferson County has already proven that ordinary citizens can organize, speak out, and win. This fight is another chance to show what engaged, informed citizens can accomplish.