Fresh Loaf

The federal judge that recently ruled against Georgia in the decades-long tri-state “water war” basically told the state on Monday that he wasn’t pleased with the state’s legal maneuvering.

From the AJC:

In a three-page order, Senior U.S. District Judge Paul Magnuson frowned upon the Georgia parties’ appeals to the 11th U.S. Circuit Court of Appeals in Atlanta.

He said an appeal “will only delay and further complicate the resolution of the important claims at issue.” [...]

“The court stayed the matter for three years, to allow the parties and the political system to attempt to reach a solution to this inherently political problem,” Maguson wrote Monday. Magnuson said he “fully anticipates” the parties will resolve their differences before the deadline.

But Magnuson also noted that “keeping with the gamesmanship evidenced throughout this litigation,” the Georgia parties never abandon their legal claims.

Since Magnuson’s July ruling, Gov. Sonny Perdue has said the state will continue the legal fight, consider building more reservoirs, and — after some huffing and puffing — look at conservation measures. The state’s finding out those first two solutions are more tricky now that Georgia’s behind the eight ball in this little dispute.

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Joe Cook

Faced with the threat of losing most of Lake Lanier as a source of drinking water in 2012, Gov. Sonny Perdue and state lawmakers have signaled they’re willing to pursue some water-conservation measures during the next legislative session. Joe Cook, executive director and riverkeeper of the Coosa River Basin Initiative in Rome, Ga., offers politicos a laundry list of solutions.

In a federal judge’s decision earlier this summer, our state may have encountered, if you’ll pardon the pun, a watershed moment.

The judge ruled that Lake Lanier on the Chattahoochee River was not authorized for the purposes of water supply by Congress and therefore, Metro Atlanta communities are not entitled to the water that they’ve been taking from the lake.

He gave Georgia three years to convince Congress to change the lake’s authorized purposes. Without that authorization, some taps in the area may well go dry.

The judge dropped a ticking water bomb in the laps of Georgia leaders. The judge’s decision now forces Georgia’s to get serious about securing alternative water supplies, and it appears to be having an effect.

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State Sen. Jeff Chapman

This is several days old, but since there’s been quite a buzz about a recent op-ed by state Sen. Jeff Chapman, R-Brunswick, we thought we’d share it for the rest of the world.

Chapman’s one of the Gold Dome’s greatest enigmas. He’s one of the few Republicans who doesn’t march in lockstep with his fellow pachyderms and isn’t afraid to butt heads with leadership over his constituents’ concerns. Last year, he won an army of fans when he pointed out problems with Jekyll Island’s proposed redevelopment.

One day after Sen. Chip Pearson, R-Dawsonville, published an op-ed banging the reservoir drum, Chapman released an op-ed titled “Fixing the holes in Georgia’s water bucket.” It was a welcome response to Pearson’s call to simply build more holes.

In it, Chapman says the state should first offer incentives and tax credits for low-flow toilets and fixtures, tighten up its infrastructure, and dredge existing reservoirs. To do so would save money, prevent intrastate water wars, and send a clear signal to Alabama and Florida — and Congress — that the state is serious about its precarious situation.

After the jump, for posterity’s sake, Chapman’s full op-ed.

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The recent ruling by U.S. District Judge Paul Magnuson that told Georgia to start kissing ass or coming up with water-supply solutions might have also sparked a cottage industry of sorts: developers with nifty ideas about how to make a profit while also ensuring more water for cities who fear their taps — and tax base — could run dry.

It’s happening right here.

Last week, sources told CL that Atlanta and Hartsfield-Jackson International Airport officials had been approached by a private developer with the idea of selling Dawson Forest — a 10,000-acre tract of North Georgia land owned by the airport — and building a reservoir. The city bought the tract of land in 1971 in anticipation of a second airport.

According to tentative details, a tributary of the Etowah River would be dammed to create the large body of water. Officials were tight-lipped and sources couldn’t connect all the dots, but Dave Williams of the Atlanta Business Chronicle was able to get the goods.

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Second only to CL, the Marietta Daily Journal has some of the best letters to the editor. For less than a dollar a day you get some of the most whimsical glimpses into Cobb County life.

Yesterday, MDJ columnist Don McKee reprinted his readers’ thoughts about this whole ‘water wars’ mess. The best comes from my boy “B.E. (Pitt) Pittman.”

I think Atlanta and its metro counties and cities should build regional reservoirs similar to the new Hickory Log Creek Reservoir in Canton. It really ticks me off that a non-elected federal judge in a far off Northern state can dictate our use of Lake Lanier. Gainesville has built a regional lake on Flat Creek in north Hall County. We should build one on Sope Creek, Ward Creek and Sweetwater Creek. Also, we should build some smaller lakes so folks can use the water to water their lawns, wash cars and water golf courses. I have always thought it ridiculous to use treated water to wash cars, water lawns and golf courses. I wish we could get Bob Barr, Newt Gingrich and Zell Miller back in Congress.

After the jump, we examine Mr. Pittman’s opinions, because that is why Jimmy Carter invented the Internet.

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Flanked by Mayor Shirley Franklin, Lt. Gov. Casey Cagle, state lawmakers and business bigwigs, Gov. Sonny Perdue this morning told reporters the state would appeal a recent ruling that said metro Atlanta’s use of Lake Lanier for its primary water supply was illegal.

Perdue met behind closed doors with 130 officials at the Governor’s Mansion this morning to discuss Georgia’s next step in the ongoing water wars dispute with Florida and Alabama. (Jim Galloway has a list of those who attended.)

U.S. District Judge Paul Magnuson has given Georgia three years to seek Congressional approval for the use of Lake Lanier. If not, withdrawals would return to 1975 levels, when the metro region population was a third the size it is today. Perdue, who earlier this week said he’d “fight to the death” for Georgia’s water, said he hopes to bring other states on board because the federal management of reservoirs is a “national” issue.

For nearly 20 years, the three states have argued over water withdrawals from the lake, which was originally built by the U.S. Army Corps of Engineers in the 1950s for flood control, hydroelectric production and downstream barge navigation.

When asked by CL if he’d considered asking his floor leaders to introduce legislation that would encourage conservation or set mandates, Perdue bristled. He said the state had made strides over the last 18 months  simply by asking local governments and residents to reduce their use of water.

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Good to know our elected officials are thinking big when it comes to dealing with a recent ruling that says metro Atlanta’s use of Lake Lanier as a source of drinking water is illegal.

SOCIAL CIRCLE – State Sen. John Douglas is poised to take the water wars between Georgia, Florida and Alabama to a new front – the football field.

…

Douglas said this ruling comes just as the contract between the University of Georgia and the University of Florida to play the annual football game in Jacksonville, Fla. – which has been called the World’s Largest Outdoor Cocktail Party – is set for renewal.

“But if the state of Florida wants to play hardball, then as far as I’m concerned, the vendors in Jacksonville can frankly pay the price,” the Social Circle Republican said.

Douglas said he traditionally “doesn’t have a dog in the fight,” but with the recent ruling in the tri-state water wars, he’s ready to work with UGA’s Athletic Association to bring the Georgia-Florida game to Georgia at least every other year.

…

“Now is the time for us to use economic leverage,” he said when contacted by the Citizen on Wednesday. “This is one of the few economic tools we have at our disposal, and I don’t think we should ask the people of Georgia to spend their money in Florida and then have them use that money against us in a courtroom.”

Never mind that the annual Georgia-Florida game is a boon for South Georgia, particularly in the areas of St. Simons, Sea Island and Savannah. Hotels, condo and restaurants along the Golden Isles are packed to capacity during the event. We’re sure business leaders there won’t mind at all.

(Courtesy Senate Press Office)

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Mayor Shirley Franklin just released this statement on U.S. District Judge Paul Magnuson’s ruling that metro Atlanta can’t tap Lake Lanier for its drinking water:

“Water is a critical resource. The City of Atlanta is spending billions of dollars rebuilding its water infrastructure under federal consent decrees. As mayor, I recognize the seriousness of the ruling and also the value of proper resource stewardship. Clean water is needed for public health, fire protection and economic development for every person and community in Georgia. The Governor and the State have the lead in this case and we and the other Metro Area water providers are following their lead. This is not only a local or regional issue, but a national issue. We welcome the opportunity to resolve it fairly and amicably.”

C’mon! Give us a little pep! Throw some jabs! CL hereby orders all elected officials to attend the Bob Riley School of Public Speaking and Press Release Posturing. We’ve got free papers to sell, after all.

(Cl file photo Joeff Davis)

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Score one for Alabama in the never-ending “water wars” debacle.

U.S. District Judge Paul Magnuson today ruled that metro Atlanta’s water withdrawals from Lake Lanier — long a bone of contention between Alabama, Florida and Georgia — are illegal and ordered withdrawals frozen at their current levels.

Magnuson gave the Peach State three years to receive Congress’ approval should it want to keep dipping its straws in the giant jetski-filled pond. (PDF of the judge’s ruling)

Alabama Gov. Bob Riley, whose state has argued for years that Lake Lanier was never authorized to be metro Atlanta’s water fountain, was gracious when he heard the news. According to a statement from the governor printed in the Birmingham Business Journal:

“The significance of today’s ruling for Alabama’s economic and environmental future is tremendous…Atlanta has based its growth on the idea that it could take whatever water it wanted whenever it wanted it, and that the downstream states would simply have to make do with less. Following the court’s ruling today, this massive illegal water grab will be coming to an end.”

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The Southeast’s politicians, business leaders and environmentalists will be watching Jacksonville, Fla., today.

From the AJC:

In a Jacksonville courtroom Monday, a federal judge will consider the question: Is metro Atlanta entitled to rely on Lake Lanier as its primary source of drinking water?

Senior U.S. District Judge Paul Magnuson, appointed to oversee a number of related water lawsuits, will preside over the much-anticipated hearing. Last year, the St. Paul, Minn., judge said the answer to the question over Lake Lanier’s water may make other disagreements in the high-stakes case “obsolete.”

The tri-state battle has been raging for nearly 20 years.

(Photo by Joeff Davis)

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