February 12, 2014
www.gfb.org
Vol. 32 No. 6
GEORGIA ASKS SUPREME COURT TO DISMISS FLORIDA WATER LAWSUIT The State of Georgia filed its response to Florida’s water lawsuit before the U.S. Supreme Court on Feb. 1, contending that the suit is an attempt to circumvent current actions by the U.S. Army Corps of Engineers and that Florida has not established clear and convincing evidence it suffers harm as a result of Georgia’s water use. The state’s response, filed with Georgia Attorney General Sam Olens as counsel of record, indicates that “Florida has brought its case against the wrong party, in the wrong court, and at the wrong time.” Florida filed its complaint with the Supreme Court in October, seeking relief from what it called “Georgia’s unmitigated and unsustainable upstream consumption of water from the Chattahoochee and Flint River Basins.” The dispute between Florida and Georgia, as well as Alabama, over access to the water from the Chattahoochee and Flint rivers has lasted for more than 20 years and has involved multiple lawsuits. Florida’s previous legal challenges have been ultimately unsuccessful. The response notes that as a result of previous lawsuits the Corps of Engineers is in the process of updating its operating manual for its dams that control flow of water from the Chattahoochee and Flint rivers into the Apalachicola River. In its lawsuit, Florida attempts to blame Georgia overconsumption of water drawn from the Chattahoochee and Flint for environmental issues in the Apalachicola Bay, threatening the bay’s oyster industry. According to Florida Gov. Rick Scott, 10 percent of the U.S. oyster supply comes from the Apalachicola Bay, but reduced freshwater flows into the bay have threatened the balance of saltwater and freshwater required for the oysters’ survival. In its response, Georgia points to other factors affecting the flow of water into the Apalachicola River. The flow control is determined by the Corps of Engineers, which is not a party in the suit. The Corps’ current operating model for managing flow through the Woodruff Dam at the Florida/Georgia border was assessed by the Corps and by the U.S. Fish and Wildlife Service and both found that the prescribed flow levels would not jeopardize endangered or threatened species. The response also noted Florida’s own assertions that drought and overfishing of oysters contributed to alleged effects on the Apalachicola Bay oyster population. While Florida’s complaint cites Metro Atlanta’s withdrawal levels from Lake Lanier and the Chattahoochee River, it does not acknowledge that 70 percent of the water is returned to the Chattahoochee and available for downstream use.