RICHMOND, Va. — CBS 6 looked into the contract Henrico County and Richmond have in place for the county to use the city’s water after last week's water crisis significantly impacted Henrico residents.
Watch: Henrico leader encourages citizens to keep asking questions amid Richmond Water Crisis
The current water agreement between the city and county has been in place since 1994 and it's good through 2040.
It details that Henrico is a customer paying the city for water, and as a customer there is a certain set of standards and deliverables the city has to meet.
According to county documents obtained by CBS 6, 27% of Henrico’s water supply comes from Richmond's water facility. That water goes to residents in Henrico’s East End.
West End residents get their water from the county’s own plant, which operates at the intersection of Three Chopt and Gaskins Road.
All of Henrico County was eventually put under a boil water advisory because officials were not certain if untreated water could have mixed with the West End supply.
Attorney Thomas Coates reviewed the agreement for CBS 6.
“The city had the infrastructure for the water treatment, the county did not And historically, and so that's how the county became a customer of the city," Coates explained.
CBS 6 asked Coates if Henrico expects that the city is maintaining and keeping its water to a certain quality and level. He said yes.
“The water that received by the county through the contract is of the same quality as that received by people in the city," Coates said.
The contract also details how the city determines how much the county pays for water and it defines where liability falls if there is an issue with the city getting the county the water they pay for.
Watch: 'Praise God we made it through,' Henrico woman says after boil water advisory lifted
The wording of the contract state the city would not be held responsible if there is a disruption based on the following:
An act of God, strikes, lockouts, wars, blockades, insurrections, riots, epidemics, landslides, lighting, earthquakes, firs, storms, floods, breakage or accident to machinery or lines of pipe and more.
“Teams of lawyers can argue for days and days on end. You know, like how many wise men can fit on the head of a pin about what that means in terms of whether something is an act of God or not," Coates said.
CBS 6 asked how the contract could apply to the water crisis.
Maggi Marshall: Could the county sue the city if it is deemed in their investigation that they were negligent in keeping up their equipment and supply?
Coates: If, if the negligence is not something that would be foreseeable in the context, or was something that should have been foreseeable and would not be saved or carved out as a result of this clause, then potentially, there would be a claim.
Marshall: So potentially, yes?
Coates: Yes potentially.
A Henrico County spokesperson and the chair of the board of supervisors did not get back to CBS 6 on if legal action is something the county is considering.
However, the county has hired a third party to analyze the situation on a county and regional level.
County manager John Vithoulkas addressed that at the Tuesday board of supervisors meeting.
“How will the county become more reliant on our system. This question can not sufficiently be answered in 30 days. We are going to take a little more time getting that answer. But I think that 30 day review is going to give us a better idea on how that is possible,” Vithoulkas said.
The city says the regional directors of public utilities meet quarterly.
CBS 6 is waiting on answers from the city and county about when that last meeting was.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
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