U.S. Supreme Court declines ‘water wars’ case
January 12, 2009 at 1:51 pm by Thomas Wheatley in NewsJetski enthusiasts, bass fishermen and bass were shocked — shocked! — Monday after the U.S. Supreme Court said it wouldn’t consider the decades-old legal war between Georgia, Florida and Alabama about how those three states share water from Lake Lanier.
The court’s decision raises fundamental questions about Georgia’s rights to Lake Lanier, a huge federal reservoir outside Atlanta that serves as the city’s main water source. It could also play a key role in deciding related water-rights disputes in lower courts.
Monday’s decision involves a 2003 water-sharing agreement with the Army Corps of Engineers that would have allowed Georgia to take far more water from Lanier for its drinking supply over the coming decades. The deal would have allowed Georgia’s withdrawals to jump from about 13 percent of the lake’s capacity to about 22 percent.
Florida and Alabama contested the pact, arguing that larger withdrawals would cripple downstream flows into their states. They said the lake was initially built for hydropower and providing water to Georgia was not an authorized use.
And now Lake Lanier is the primary source of drinking water for metro Atlanta! Yikes. Gov. Sonny Perdue! Sir, what’s your take on this?
“While we are disappointed with the Supreme Court’s decision today to not correct a flawed ruling by the D.C. Circuit, it is important to remember that this decision simply maintains the status quo in terms of the operation of Lake Lanier by the Army Corps of Engineers.
We felt strongly that Supreme Court review of this case could have resolved a major piece of our ongoing water negotiations, and we will now move forward continuing to work with our neighbors and other stakeholders to reach consensus on a plan that fairly shares our limited resources and adequately protects the headwaters of the Apalachicola-Chattahoochee-Flint River Basin.”
Thanks, governor! Other officials will most likely weigh in throughout the day. We’ll include their thoughts as they become available.
UPDATE: After the jump, view Florida Gov. Charlie “Tan-tastic” Crist’s statement on the matter.
“I join the people and businesses of Florida who rely on a healthy Apalachicola Bay in applauding today’s decision by the United States Supreme Court. This action will allow Florida to continue our efforts to help protect the adequate flow of freshwater in the Apalachicola River.
“After nearly 20 years of legal discussions, today’s decision should provide the framework needed for resolution of this matter. I look forward to working with Governors Perdue and Riley in continuing our work to address the water issues facing our states.”
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