Background on the Water Wars

Ongoing Court Case

• Judge's ruling on Lake Lanier spares Gainesville, Buford
  July 20, 2009
  Atlanta needs OK from Congress to draw more water; Perdue to appeal decision
• Judge Magnuson heard all motions for summary judgment on May 11, 2009 in Jacksonville. After considering the merits of the various parties’ arguments, Judge Maguson will issue his ruling sometime over the next several weeks.
• The issues considered by the MDL Court are divided into two separate phases.  These phases are referred to as “Phase 1” and “Phase 2” claims.
• Phase 1 claims include everything except challenges to the Corps’ Interim Operating Plan (IOP) and claims based on the Endangered Species Act.  Once Phase 1 claims are resolved these issues will be addressed in Phase 2.
• The Georgia’s Parties’ motion pertains to the Corps’ 2002 denial of a water supply request by the State. The primary issue is the Corps’ authority to enter into water supply contracts. 
• Phase 1 claims by Alabama and Florida are based in large part on allegations that the Corps has effected a “de facto reallocation of storage” in Lake Lanier.

Main points of Georgia Parties’ Brief (Motion for Summary Judgement)

• With the exception of the City of Columbus, all the Georgia Parties filed a joint brief.  The Georgia Parties include the State of Georgia, the Atlanta Regional Commission, the City of Atlanta, Fulton County, DeKalb County, Cobb County-Marietta Water Authority, the City of Gainesville, Gwinnett County and the Lake Lanier Association.
• The Georgia Parties state their case as follows:
  • On May 16, 2000, the Governor of the State of Georgia submitted a Water Supply Request to the Corps.
  • The Governor requested that storage in Lake Lanier be set aside to meet reasonable future needs of Metropolitan Atlanta and North Georgia. 
  • The Army denied the request on grounds that the Water Supply Request “cannot be accomodated without additional Congressional authorization,” based on the premise that water supply was not an original authorized purpose of Buford Dam.
  • The Georgia Parties seek review of the Army’s denial of this request. They contend that water supply is a fully authorized purpose of Lake Lanier and that the Army thus has sufficient authority to meet our current and future needs.

What does it mean for Coalition members?
Though likely to be tied up in the courts through the appeals process for several more months, if it is decided that water supply is not an authorized purpose of Lake Lanier, than all its users may be greatly inconvienced. Specifically, Gwinnett, Hall and Forsyth County permits to withdraw water from the lake could be in jeopardy, and those municipalities may have to incur incredible costs in order to figure out how to supply water their residents.

Corps’ ACF Water Control Manual Update

• ACF Water Control Manual Update FAQs

• ACF Water Control Manual Update Final Scoping Report, Fall 2008

Resource Materials

External Links