Fresh Loaf

Gov. Sonny Perdue

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.

(Photo by Joeff Davis)

Bookmark It

Carol Couch

After nearly six years on the job, Georgia Environmental Protection Division Director Carol Couch will step down from her post on Oct. 26 and move into academia.

In an email to colleagues, Couch thanked the men and women of the agency tasked with monitoring and protecting the state’s water, air and land. She also noted the challenges the state has faced — droughts, floods and budget crunches — in her last few years.

“On behalf of the [Georgia Department of Natural Resources board], I want to thank Dr. Couch for her service,” DNR board Chair Bill Carruth said in a statement released by the EPD. “Her technical expertise, professionalism and dedication to environmental stewardship have been an asset to the Department of Natural Resources.”

In December, Couch will join the University of Georgia’s College of Environment and Design. Gov. Sonny Perdue and the DNR board are expected to appoint her successor next week.

(Courtesy EPD)

Bookmark It

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.

Bookmark It

The Atlanta Department of Watershed Management says that R.M. Clayton, the wastewater treatment plant that was knocked offline yesterday thanks to flooding, is once again operational. The discharges of minimally treated wastewater have ended.

The Scattahoochee: Not as flavorful as it was Monday, but still refreshing!

From the department:

By mobilizing all available personnel and resources, the Department has been able to restore function to the primary and tertiary treatment systems of the RM Clayton Water Reclamation Center and halt the bypass of raw sewage into the Chattahoochee River. Commissioner Rob Hunter termed the effort ‘heroic’ and praised plant personnel who have worked around the clock since the river flooded the plant.

The floodwaters have been pumped out of the plant, which is now receiving sewage flows. The flows are receiving treatment at about 70 percent of normal. Plant Manager Rob Bush and Bureau of Wastewater Treatment and Collection Deputy Commissioner David St. Pierre said the Nancy Creek Tunnel was brought online at about 3 am.

The plant is still looking at millions of dollars in repairs, however. Err on the safe side and continue to avoid flood waters.

(CL file photo by Jeff Riley)

Bookmark It

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.

(more…)

Bookmark It

After noticeably excluding them from his July 23 closed-door meeting with business bigwigs and local and state government officials, Gov. Sonny Perdue will reach out to some of the state’s leading environmental advocates tomorrow to discuss Georgia’s water woes.

Perdue’s invited approximately 10 environmental advocates, including the executive directors of such organizations as the Upper Chattahoochee Riverkeeper, Georgia Conservation Voters and the Georgia Wildlife Federation, to join him in his office at 10 a.m.

Bookmark It

The Camak Stone, seen here in an undated photograph, was swiped from Tennessee over the weeked

Hark! The Camak Stone, a 14,000-year-old relic placed upon the invisible line separating Georgia from our fellow apes in Tennessee, hath gone missingeth!

The Chattanooga Times Free Press reports that a volunteer for nearby State Line Cemetery, Freddie McCulley, noticed the [Camak Stone] was gone after discovering some vandalism at the cemetery.

A surveyor placed the Camak Stone in 1826 at what he thought was the 35th parallel marking the border between Tennessee and Georgia. The marker has become a source of controversy between the two states in a battle for water rights in the Tennessee River.

Georgia lawmakers have argued off and on since 1818 that the state’s border was actually a couple of clicks farther to the north — which would mean we’d have dibs on the Tennessee River and it bounteous flows. In 2008, some bills were introduced and a commission to discuss the matter was supposed to convene. But from what we’ve heard, there hasn’t been much movement on the issue.

But something strange is afoot.

(more…)

Bookmark It

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.

(more…)

Bookmark It

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.

(more…)

Bookmark It

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.

(more…)

Bookmark It

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.

Bookmark It

Oh, state Sen. Chip Pearson, you do not disappoint, sir!

The Republican lawmaker from Dawsonville — whom we’ve lovingly nicknamed “Dirty Sanchez” — is the Gold Dome’s biggest cheerleader of reservoirs and always open to revisiting some of those pesky environmental laws that get in the way of economic development and jobs, jobs, jobs.

Every year he seems to offer one bad legislative idea after the other, and every year we recognize him for his efforts with a Golden Sleaze Award. It’s like clockwork, people!

In a Dawson Times editorial today, Pearson says the state needs a “MacArthur Plan for Georgia’s water future.”

Does it involve more conservation, which environmental advocates say is the cheapest and easiest measure and offers the biggest bang for the buck when it comes to reducing demand on metro Atlanta’s fragile water supply?

Nope! Pearson says we need to dig holes. Lots and lots of holes.

(more…)

Bookmark It

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.

(more…)

Bookmark It

Pretty please? Wouldn’t it be nice to do the right thing and help metro Atlanta continue to sprawl? I mean, we did kind of pass legislation in 2008 saying we’d look into redrawing the border so we could tap that mighty river you got there. We could just avoid all that red tape and work it out, right?

Whattaya say?

Tennessee officials still have no intention of letting Georgia tap into the Tennessee River, despite a federal court ruling last week that set a three-year clock ticking for Atlanta to find a new water source.

“Tennessee officials are not rethinking this issue,” said Gov. Phil Bredesen’s spokeswoman Lydia Lenker on Monday.

$@%#! Oh well, maybe we can just learn to conserve the water we have. Wait, what? $@%#!

Bookmark It

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.

(more…)

Bookmark It

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)

Bookmark It

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)

Bookmark It

Nothing kicks off a Monday morning like a 170-page audit of Atlanta’s $4 billion sewer system overhaul. We’re still combing through the beast, but Atlanta Unfiltered’s Jim Walls has already found some tidbits.

Walls:

Atlanta’s water department has illegally kept $4 million that should have been refunded to 29,000 customers who closed their accounts, a city audit shows.

Apparently, part of the problem is that no one ever told customer-service reps in the water department about changes last year in the city code. Auditors said employees who handle refunds were unaware of consumer-friendly changes in refund procedures.

On Friday, the AJC’s D.L Bennett wrote a good overview on some, uhm, financial hurdles facing the city and the project:

Atlanta officials fear the city’s $4 billion water and sewer system overhaul could collapse because the city’s crushing debt and already low credit rating threaten the city’s ability to borrow money in ever-tightening credit markets.

The city hopes Monday to issue $500 million to $700 million in new bonds for the program, with much of the money to refund old debt that must be repaid before interest rates or other factors send payments skyrocketing.

“We’ve got some considerable issues facing us,” city CFO Jim Glass said Friday.

No joke. And we’ve got some considerable reading to do. The audit is available here. (Warning: large PDF)

Bookmark It

A bill that would allow local governments to build big water-filled holes even if they’ve signed service agreements with other providers is winding its way through the Georgia General Assembly — and the City of Atlanta in none too pleased with the legislation.

Why? Because the bill is tailor-made for three cities in South Fulton that are planning a 440-acre reservoir. And two of those cities purchase water from the city.

Rob Hunter, commissioner of Atlanta’s Department of Watershed Management, said House Bill 406, which passed the House and the Senate Natural Resources Committee, will “throw the bond market into chaos.”

Hunter said Atlanta’s $4 billion water and sewer overhaul is partially dependent on revenues from the south Fulton cities. He also said the proposed Bear Creek Reservoir is not needed since Atlanta can meet south Fulton’s water demand through 2060.

Harold Reheis, the former Georgia Environmental Protection Division director turned Gold Dome lobbyist who’s pushing the bill, tells the AJC that the cities’ contribution to Atlanta’s revenue is a fraction of one percent. He also points to the constant threat of droughts — but it’s over, yippee! — and the state’s ongoing “water war” as reasons for the giant hole.

According to U.S. Army Corps of Engineers documents mailed to CL, the reservoir will feature a 42-foot-tall dam and, once built, will fill with water pumped from the Chattahoochee River.

(Photo of Hickory Log Creek Reservoir by Joeff Davis)

Bookmark It

Good news! This weekend’s nonstop rain gave Lake Lanier a boost. Bad news! The metro region’s chief source of drinking water may have peaked for the year.

Three days of rain lifted Lake Lanier to its highest level since late 2007.

But the half-foot gain may be the last big hurrah for metro Atlanta’s primary water source before next winter. As temperatures start to climb along with water use, Lanier most likely is “peaking out,” said the state’s top water official.

“We’re still well off where we’d hoped to be,” Georgia Environmental Protection Division Director Carol Couch said Monday.

Bookmark It

Gov. Sonny Perdue, Lt. Gov. Casey Cagle and House Speaker Glenn Richardson today announced their appointments to the group that will play a vital role in determining just how much water the state has and how to best manage the resource.

We’re still going through the list, which we’ve posted after the jump. If you know any of these men and women, feel free to give ‘em a shout out.

(more…)

Bookmark It

Jetski 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.

(more…)

Bookmark It

Let the taps flow. For now, at least.

From the city’s Department of Watershed Management:

The Department of Watershed Management is restoring water service to Morris Brown College after officials presented the Department with a certified check for $30,000 a few minutes ago. In making the payment, the college complied with Judge Henry Newkirk’s order that Morris Brown pay $100,000 today ($70,000 after this morning’s hearing and $30,000 before 5 pm) toward its delinquent water/sewer bills. The balance on the remaining outstanding accounts, approximately $214,000, is to be paid on or before February 17, and the college must pay current charges.

Bookmark It

The Georgia Environmental Protection Division, as part of the statewide water plan, has released a draft of its conservation goals and is now accepting comments. At 162 pages, the report makes for great holiday reading, and covers conservation measures for agriculture, golf courses, state agencies, and the like.

If you’re so inclined, peruse the draft and give the state your take on what parts need improvement. (Here’s a PDF of the conservation plan.) While things like this are usually rife with opportunity for pranks, sadly, you have to register to comment. The deadline to chime in is Jan. 31.

Bookmark It

Number of tornado warnings issued last Tuesday in metro Atlanta because of Tropical Storm Fay: 5

Gallons of rain the tempest added to Lake Lanier, the metro area’s main source of drinking water: 22 billion

Number of days that additional water can last metro Atlanta: 50

Inches Lake Lanier rose last Monday and Tuesday thanks to the storm: 30

Number of feet the lake is still below full level: 15

Average number of gallons released daily from Lake Lanier this month: 1.2 billion

Number of years since the lake’s level has been that low: 52

Gallons that could be saved if pre-1993 metro Atlanta homes replaced their antiquated plumbing fixtures: 183 million

Percentage of respondents in a recent poll who said they were less concerned about the drought this year than they were in 2007: 48

Sources: Atlanta Journal-Constitution, Rasmussen Reports, Metropolitan North Georgia Water District, U.S. Army Corps of Engineers

Bookmark It