Fresh Loaf

The lawyer hired by Gov. Sonny Perdue to file appeals, injunctions, motions and whatever else barristers do for Georgia in its ongoing “water war” with Florida and Alabama will be paid $855 an hour.

The AJC reports:

Seth Waxman, a former U.S. solicitor general in the Clinton administration, was tapped this week to replace Paul Clement, a King & Spalding attorney who withdrew because of a possible conflict of interest. Waxman’s hourly rate is a 10 percent discount off his normal rate of $950 an hour, a spokesman for the governor’s office said Friday.

Thanks for the discount, Mr. Waxman!

OK, $855 an hour. That’s $14.25 a minute. If I charged $855 an hour, I could earn my monthly rent in just 49 minutes. I’d only have to put in seven hours of work at the office to buy this rip-roarin’ jet ski. (Maybe an amphibious car?) If I wanted to purchase the entire Bob Ross DVD collection, I’d only have to toil for 48 minutes.

We are all in the wrong line of work.

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Gov. Sonny Perdue has tapped Allen Barnes, a partner at King & Spalding, to head the state Environmental Protection Division. Director Carol Couch resigned last week to take a job at the University of Georgia.

From the Atlanta Business Chronicle:

Before joining Atlanta-based King & Spalding, Barnes served as chief of staff for the U.S. Environmental Protection Agency’s Region Four, which has jurisdiction over eight Southeastern states, including Georgia. Prior to that, he taught natural resource policy and law as an associate professor at Mississippi State University. [...]

Barnes’ professional career also includes stints as a prosecutor in the Florida State Attorney’s office and as a special assistant U.S attorney handling criminal, tort and environmental litigation.

But Georgia Public Broadcasting’s John Sepulvado says some environmentalists aren’t happy with Perdue’s choice.

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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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Gov. Sonny Perdue sat down with Georgia’s Congressional delegation today to discuss how the state will iron out a water-sharing deal with Alabama and Florida now that a federal judge has ruled metro Atlanta’s use of Lake Lanier for drinking water is illegal.

While governors of the three states check their day planners, the Peach State’s congressmen will weigh whether they want to make the issue a national one or keep the focus on Lake Lanier.

At an Aug. 14 panel discussion with business leaders and other elected officials, Isakson said his office has discovered more than 45 federal reservoirs might be in the same predicament as Lake Lanier — essentially, they were never intended to be used for drinking water, but somewhere along the way local governments started dipping in straws.

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Because the only thing worse than potentially losing metro Atlanta’s main source of drinking water is, well,  potentially losing another.

The next skirmish in metro Atlanta’s so far losing battle for drinking water will begin in a federal courtroom here Monday.

Last month a Minnesota judge ruled that Atlanta has no right to drink from Lake Lanier, a potentially crushing blow for future growth and development in North Georgia.

But what happens in Birmingham could prove doubly dire for Atlanta. U.S. District Court Judge Karon Bowdre is weighing whether North Georgia illegally taps Lake Allatoona, too. Her ruling is expected next year.

Lake Allatoona provides drinking water to roughly 800,000 customers in Cobb and surrounding counties.

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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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'I'll bring the giant slab of meat, guys!'

In a shameless attempt to mimic Kenyan President Barack Obama, an illegal alien who is doing keg stands at this very moment with a Harvard professor and Boston police officer, Gov. Sonny Perdue has invited the governors of Alabama and Florida to chew the fat and talk about sharing Lake Lanier’s water.

“Water issues have dominated the headlines in recent days, and I have read statements from both of you that indicate your willingness to resume water negotiations,” Governor Perdue wrote in a letter to both governors. “Judge Magnuson’s insistence on a Congressional solution was specifically related to authority for Lanier and did not address the allocation of water in the basins between the three states. I have always believed that a negotiated settlement that protects the rights and resources of all three states is the most lasting solution.”

Perdue even gave them a list of 40 days that he’s free. (Gotta be something Biblical about that.) Can’t make it to Atlanta? No biggie! Perdue said he’s willing to travel to them.

The governor might want to be accommodating to their schedules. According to the Associated Press, Alabama Gov. Bob Riley is none too pleased with Perdue’s decision to appoint Georgia Power CEO Mike Garrett to an “impact team” that’ll coordinate the Peach State’s strategy in this wacky mess.

Perdue’s full letter to the governors is pasted after the jump.

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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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Gov. Sonny Perdue has released a statement on Judge Paul Magnuson’s ruling that metro Atlanta’s use of Lake Lanier as its water supply is illegal:

“Obviously, I am deeply disappointed by Judge Magnuson’s decision today. His conclusions rely on decades-old assumptions about the construction of federal reservoirs and the role those reservoirs play in providing water supply for growing states such as Georgia. Our country has changed substantially since the 1940s, when many of these reservoirs were constructed, and I will use this opportunity not only to appeal the judge’s decision but, most importantly, to urge Congress to address the realities of modern reservoir usage. The judge’s ruling allows a three-year window for either Congressional action or an agreement by the states and we will work diligently with Georgia’s delegation and members of Congress to re-establish the proper use of federal reservoirs throughout the country.”

Perdue’s always talking about how the country has changed. Regardless, the AJC’s Jim Galloway, who knows where the bodies are buried, writes that Georgia’s Congressional delegation has scheduled a rare meeting on Monday to get lawmakers on the same page. His post is worth a read if you’re wondering about the political dynamics at play on this issue.

(CL file photo Joeff Davis)

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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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Alabama, Florida and Georgia will not be able to meet the Feb. 15 deadline set by the White House and come to a settlement about how water would be shared among the three states, the Associated Press reports. Officials involved with the talks say they need some more time. From the article:

Officials said the states have made progress in recent months after the president sent Interior Secretary Dirk Kempthorne to mediate a compromise as a record drought threatened Atlanta’s drinking supply. But instead of announcing a long-term pact on Friday as planned, they will offer more of a status report.

“I believe there’s a sincere effort being made,” Kempthorne said Thursday on Capitol Hill before entering a budget hearing. “I am encouraged, but I will keep pushing as well.”

Kempthorne, who said he was briefed on the talks Wednesday night, said he would wait to get details on how close the parties are before deciding whether to set a new deadline. If they remain far apart, he said, he will not.

How much more time do we need, Atlanta? I say, “two weeks,” but that’s just me, and my useless talent to remember classic scenes from Arnold Schwarzenegger films.

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From the Associated Press:

WASHINGTON (AP) — A federal appeals court has thrown out an agreement that Georgia reached with the Army Corps of Engineers for water rights to Lake Lanier, handing Alabama and Florida a major victory in the states’ years-long water wars.

The agreement, which would give Georgia about a quarter of the lake’s capacity over the coming decades for drinking water, is the foundation of Georgia’s long-term plans.

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What does 270 miles of traveling south and a day in Tallahassee get you? According to today’s meeting of the governors of Florida, Georgia and Alabama, just some more time.

Gov. Sonny Perdue trekked down to the Sunshine State’s capital to meet with Governors Charlie Crist of Florida and Bob Riley of Alabama and, according to a statement from Crist’s office, agreed to send high-level staff members to Washington, D.C., in mid-January to hammer out a deal between the three states regarding reduced water flows in the Alabama-Coosa-Tallapoosa, and Apalachicola-Chattahoochee-Flint River Basins. The governors said they would then meet again in February to conclude the 17-year-old tri-state dispute over the precious resource. That deal would then be presented to the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Services. FWS officials would have the right to object to any changes in releases that may be harmful to endangered marine life located downstream, such as the mussels that have played such a prominent role in the entire water shortage drama.

The governors also decided today to move up to March 15 a June 1 deadline imposed by the Corps for the states to agree to a water-sharing strategy.

According to the statement from Crist’s office, “representatives from the U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service also participated in today’s meeting to provide factual information on current conditions of both the ACF River Basin and the ACT River Basin.”

No word yet if David Ratcliff, chairman, president and CEO of Southern Company, was in attendance, as he was at the Nov. 1 D.C. sit-down between the governors.

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