Water Issues
The Council is currently tracking the following issues concerning water resources:
Magnuson rejects Florida arguments (posted 7/28/10)
On July 21st Senior U.S. District Judge Paul Magnuson rejected arguments by Florida in the tri-state water dispute to allow the Endangered Species Act to be used to dictate water flow into the Apalachicola River. This action is praised by Governor Sonny Perdue. To read AJC articles click HERE and HERE. To read the ruling click HERE.
Georgia Announces Appeal of Judge Magnuson's Decision - (posted 4/7/10)
Georgia announced on April 5th that the State has filed an appeal with the U.S. 11th Circuit Court of Appeals regarding the July 2009 Magnuson Ruling on Lake Lanier. Georgia and Gwinnett County submitted appeals outlining the impact the ruling would have on the area. The appeal is part of the Governor's four pronged strategy in negotiating a better situation.
Read the entire AJC article outlining the appeal HERE.
Read the Appeal HERE
Governor Perdue Announces Commitment to Reaching Agreement in 2010 - (posted 1/13/09)
Governor Perdue was quoted as saying that he would prefer to reach an agreement with the Governors of Florida and Alabama, rather than leave it to another set of Governors. Additionally, he stated his desire for the General Assembly to vote on an agreement this session. Any agreement between the three states would need to be ratified by their respective legislatures and possibly congressional delegations. He also stated that he would be willing to call together a special session of the legislature in order to ratify the agreement in 2010.
Governor's Water Contingency Task Force - (updated 12/23/09)
On December 22nd, the Governor's Water Contingency Task Force released its final report. The report outlines the necessary steps Georgia should take to address the potential shortfall in 2012 should Judge Magnuson's ruling go into effect. The recommendations conclude that re-allocation of Lake Lanier is the most practical step. Environmentally and Economically, Lake Lanier provides the most access to water with limited externalities. Should this not be possible, the report outlines steps that could be taken to address the shortfall by 2015 and 2020. Each contingency option considered is expensive, and does not allow any time for delays.
Final Report
The following documents were presented to the Governor's Task Force. The work is the collaboration of Boston Consulting Group and numerous technical firms.
Presentation One
Presentation Two
Presentation Two Appendix
Governors Announce Meeting - (updated 12/17/09)
Governor's Sonny Perdue (R-GA), Charlie Crist (R-FL), and Bob Riley (R-AL) met on December 15th to restart negotiations over an allocation agreement for the ACF and ACT Basins. This was the first meeting between the three governors since 2007. The meeting took place in Montgomery, AL. Although there are no specifics that came from the meeting, general consensus is that the negotiations look promising. Governor Perdue in particular was very vocal about his optimism in the process.
fileadmin/files/Policy_Downloads/State_Water_Plan/Task_Force_Meeting__2_Appendix.pdf
US Army Corps Announces Rewrite of Operating Manual - (posted 11/19/09)
The US Army Corps of Engineers announced that they will re-evaluate the operatin manual for Lake Lanier based on Judge Magnuson's decision. While the operating manual will not take effect unless Judge Magnuson's order takes effect in 2012, it represents a daunting reality that they Corps is prepared to carry out that decision. Beginning on November 19th, the public will have 45 days to comment on the new operating manual.
Judge Magnuson Issues Order Denying Motion - (posted 10/14/09)
On October 5th, Judge Magnuson issued an order denying Georgia's motion for judgment in one of the cases from 2000. The order is significant because Georgia officials believed the July ruling constituted a final judgment in the original case, which would give Georgia a direct appeal route on the re-allocation case. However, Judge Magnuson's states that the July ruling does not constitute a final judgment, and Georgia is not entitled to an appeal through that process.
It appears that Judge Magnuson is standing by his initial decision and is creating a set of circumstances where Georgia can only resolve the issue through negotiations. Judge Magnuson's recent order seems symbolic in that he is instructing Georgia not to pursue any more legal appeals. The full order can be viewed below.
Magnuson Order Denying Judgment
Governor Perdue Names Water Task Force - (updated 10/14/09)
Governor Perdue has named a special task force comprised of business leaders, environmental groups, state and local government officials, and basin advisory committee members. The task force has not been tasked with specific goals yet, but will likely be used to provide expertise for contingency planning. Contingency planning is now seen as an important part of the State's overall water strategy. With or without a reduction in withdrawals from Lake Lanier, Metro Atlanta will need to pursue alternative water sources. The task force held their first meeting on October 7th and will meet two more times before the end of the year.
U.S. Department of Justice Appeals Judge Magnuson's Ruling - (posted 9/17/09)
On September 15th, The U.S. Department of Justice filed a notice to appeal the July 17th memorandum and order in the case regarding Tri-State Water Litigation. This filing preserves the government's options in the event that the U.S. Solicitor General decides to pursue an appeal of the July 17th ruling. The U.S. Solicitor General has not made such a decision yet.
Dawson Forest Reservoir Site (posted 9/10/09)
Councilman CT Martin has introduced a resolution in the Atlanta City Council to pursue development of a 100 mgd reservoir site on land the City owns in Dawson County. The land was originally purchased for consideration of a second airport site. Because of the history regarding the airport, the resolution would be considered by the Transportation Committee.
The site would be approximately 2,000 acres with the remaining 8,000 acres being set aside as a wildlife preserve. The project is being pursued by industrial developer Jerry Daws, and would be in partnership with the Etowah Water and Sewer Authority. The reservoir would be able to serve several North Georgia communities including Atlanta, Sandy Springs, Johns Creek, Dawson County, Forsyth County, Cherokee County, and Pickens County.
The reservoir project is viewed as a long-term proposal, as it would still have to go through several stages of permitting and environmental studies.
U.S. District Court Judge Issues Ruling on Lake Lanier - (posted 7/17/09)
Friday, July 17th, U.S. District Judge Paul Magnuson issued a ruling in the ongoing litigation between Georgia, Alabama, and Florida. The ruling states that the U.S. Army Corps of Engineers should have sought Congressional approval before allowing water from Lake Lanier to be reallocated for use by Metro Atlanta.
As part of the decision, Judge Magnuson has suspended the current phase of the litigation, instructing the three States to go to Congress for approval of withdrawals. The decision dictates that a Congressional decision must be reached within three years. If no Congressional approval has been achieved by the end of the three years, Judge Magnuson's order will take effect.
The practical result of that order taking effect would be that the operation of Buford Dam would return to its baseline operation from the 1970s. If this occurs, only the cities of Buford and Gainesville would be authorized to withdraw water from the Lake.
On Tuesday, July 21st, Georgia's Congressional delegation met in Washington D.C. to discuss how to best present a unified front on the issue within Congress. Additionally, Governor Perdue held a meeting on Thursday, July 23rd with over 130 business and political leaders to discuss how the State will approach the issue. Governor Perdue appointed Georgia Power President & CEO Mike Garrett to serve as the "quarterback" of the team.
The Council for Quality Growth has continued to be actively engaged in water supply issues. We have assembled a group of industry professionals who are working to develop long-term water supply solutions and will be involved in working to address the consequences of this ruling.
Click HERE to read the full decision issued by Judge Magnuson
Click HERE to read Lt. Governor Casey Cagle's call to action
Metro North Georgia Water Planning District - 2008 Plan Update (updated 5-21-09)
The MNGWPD adopted the final version of the three plans on May 7th, 2009. The enabling legislation of the MNGWPD requires that the three plans be updated every five years. The preliminary draft of the Watershed Management Plan was released on June 24th, and the drafts for the Water Supply and Conservation Plan and the Wastewater Management Plan was released on July 29th.
To view the final version of the three Plans along with final changes, please visit the MNGWPD Plan Update site.
The MNGWPD officially released the three draft plans for public comment on December 15th, 2008. The public comment period was open until January 31, 2009.
MNGWPD Basin Advisory Councils Seek New Members - (posted 4-30-09)
The MNGWPD is seeking interested residents to serve on the six Basin Advisory Councils that help develop and implement water resource plans for the region. The Councils provide valuable input to to the Metro Water District's planning process by representing the wide variety if stakeholders that rely on the region's water resources.
The six councils represent the major river basins within the planning region: Chattahoochee, Coosa/Etowah, Flint, Ocmulgee, Oconee, and Lake Lanier. Applicants must reside within the river basin of the Council for which they apply.
The deadline to apply is May 29th.
The application for BAC membership is available on the MNGWPD website, www.northgeorgiawater.org