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2020 Op. W. Va. Att'y Gen. 1 (2020)

handle is hein.sag/sagwv0063 and id is 1 raw text is: State of West Virginia Office of the Attorney General State Capitol Building 1, Room 26-E Charleston, WV 25305-0220 Patrick Morrisey (304) 558-2021 Attorney General Fax (304) 558-0140 February 4, 2020 The Honorable F. Cody Pancake, III Mineral County Prosecuting Attorney P.O. Drawer 458 Keyser, WV 26726 Dear Prosecutor Pancake: You have asked for an Opinion of the Attorney General addressing whether West Virginia Code § 7-1-3u requires county commissions to assume the responsibility or expense of removing debris from local waterways. This Opinion is being issued pursuant to West Virginia Code § 5-3- 2, which provides that the Attorney General may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office. To the extent this Opinion relies on facts, it is based solely on the factual assertions in your correspondence with the Office of the Attorney General. In your letter, you explain that a local public water association has asked the Mineral County Commission to remove debris from a local waterway. According to the association, West Virginia Code § 7-1-3u requires the Commission to assume responsibility for this role. Your letter raises the following legal question: To what extent does West Virginia Code § 7-1-3u impose a duty on county commissions to remove debris from local waterways and pay for that removal? We conclude that the statute gives county commissions authority to clean local waterways, but does not require them to do so at an individual's or entity's request. Discussion West Virginia Code § 7-1-3u, titled Authority of counties and municipalities to treat streams to prevent floods, provides:

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