Charles Town Utilities Board Votes To Rescind Bottling Plant Agreement

Updated on Saturday, January 11 at 7:35 p.m.

A Jefferson County utilities board has voted to rescind an agreement for a proposed water bottling plant in the community of Middleway.

During its regular meeting Wednesday, the Charles Town Utilities Board voted unanimously to nullify an April 2024 agreement with Sidewinder Enterprises. The company seeks to develop a water bottling plant on a defunct manufacturing site near Middleway’s historic village center.

But Sidewinder’s plans for the Mountain Pure Water Bottling Facility have received extensive local pushback, and scrutiny from local planning officials. Residents have voiced concerns over the project’s potential impact on traffic, water resources and the environment.

Multiple Jefferson County residents attended Wednesday’s meeting to express these concerns to members of the utilities board, including representatives from the local community watchdog group Protect Middleway.

Board Chairman John Nissel said discussions for the project began before he took office in August 2023, and that he thought the agreement had already undergone executive review from the board before its acceptance. With hindsight, he said the agreement should never have been signed.

“I, as the board chair, should have never made that assumption. I own it. I signed it. I own it,” he said. “Therefore, I feel that this agreement should be considered null and void, and that my signature should be rescinded.”

Nullification of the agreement does not preclude Sidewinder from submitting additional proposals for the project. Nissel said that he is “not opposed” to using groundwater in the Middleway area, but that he wants to prioritize the expansion of public water services.

“I want to assure you that my position as a member of this board and its chair is to grow the services of seat up and to maintain rates that are affordable and to provide quality service to our constituents,” he said.

In an email statement provided to West Virginia Public Broadcasting through a media representative, Sean Masterson, a management partner for Sidewinder, said the company had “just recently” learned about the board’s decision to nullify the agreement. He said that the company will seek its reinstatement.

“We fully expect CTUB to honor its obligation and re-execute the agreement,” Masterson wrote. “Otherwise, Sidewinder is evaluating all of its options.”

The utilities board will hold a special meeting February 5 to discuss the agreement with Sidewinder and the Mountain Pure project further. There will be a public comment period during the meeting.

**Editor’s note: This story was updated to include a comment from Sean Masterson with Sidewinder Enterprises.