Wednesday, February 06, 2008

"Georgia Loses Federal Case in a Dispute About Water"

It's interesting to see how this is going to play out. Especially with the drought the Atlanta area has had recently. When I was in Florida in the Apalachicola area - before the drought - it was already an issue because Atlanta was using water they needed to have come down the river for their oysters that have lived there for probably thousands of years.
Apalachicola's "entire economy is dependent" on Apalachicola Bay remaining healthy, Mayor Van Johnson said. The reduced flows of fresh water already have damaged the area's oyster and commercial fishing industry, which brings in $30 million to the Panhandle economy and affects more than 1,000 families.

From the New York Times

Georgia lost a major court fight in the Southern battle over water rights on Tuesday when a federal appellate-court panel said the state could not withdraw as much water as it had planned from an Atlanta-area reservoir.

The victory went to Alabama and Florida, which had contended that Georgia’s plan would siphon off water that should flow downstream to their consumers. The two states had brought the appellate suit to undo an agreement between Georgia and the Army Corps of Engineers that would have given Georgia rights to use nearly a quarter of the water in Lake Sidney Lanier, which supplies drinking water to much of northern Georgia.

In the ruling, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit said the agreement was void because the two parties had not first obtained Congressional approval. Under federal law, the corps must obtain such approval before making “major structural or operational” changes to the management of its federal reservoirs.

“I simply do not see how we can conclude this is not a major change,” Judge Judith W. Rogers wrote for the panel.

Under the 2003 pact with the Army Corps, Georgia was allowed to increase its share of the reservoir allocated for water storage to 22.9 percent from 13.9 percent.

Florida and Alabama have been in contentious negotiations with Georgia over the right to use water from Lake Lanier for almost two decades...

Gov. Bob Riley of Alabama hailed the decision as “the most consequential legal ruling in the 18-year history of the water war, and one of the most important in the history of the State of Alabama.”

He said the ruling “invalidates the massive water grab that Georgia tried to pull off.”

Alabama and Florida, which depend on water from Lake Lanier for power generation, industry, recreation and commercial fishing, argued Georgia had no legal right to the reservoir, which was originally built for hydropower...

Though the fast-growing Atlanta area relies on the reservoir, the other states have argued that Georgia has done little water planning over the decades and has not tied growth and development to water resources.

No comments: