WATER WARS UPDATE

U.S. Supreme Court decides in Georgia's favor in dispute with Florida

STORY BY BETSY ILER & PHOTO BY AUDRA SPEARS

WWhile many eyes were turned on the U.S. Supreme Court’s recent Florida vs. Georgia Water Wars case, it appears the April 1 decision will have little to no bearing on Alabama’s water woes with neighboring Georgia.

Florida had taken its dispute over water use and the heavily impacted oyster industry in Apalachicola Bay directly to the highest court in the land, as is the prerogative in state-to-state matters, explained Russell Lands Vice President General Counsel and legal officer for Lake Martin Resource Association Steve Forehand. In this case, the role of the Court was that of tryor of fact, Forehand explained. “They heard witnesses, and it was a very factual situation. It came down to a decision based on very specific facts,” he said. The Court concluded that Florida did not meet the burden of proof in showing that Georgia had over consumed water resources and did not prove that Georgia’s actions were responsible for the decimation of the oyster industry in Appalachicola. “The precise causes of the Bay’s oyster collapse remain a subject of scientific debate, but the record evidence establishes at most that increased salinity and predation contributed to the collapse of Florida’s fisheries, not that Georgia’s overconsumption caused the increased salinity and predation,” the Court opinion reads.

“None of this really relates to the case that is pending in Washington, D.C.,” Forehand said. “The Florida vs. Georgia case doesn’t have any precedential value. The only fallout that could possibly come is that Georgia would claim these water issues have been litigated for years and years. It’s clear they have the right to use the water.

“Perhaps there could be some impetus for states to reach a water compact. The fly in the ointment there is that in the past 25 years or so that Alabama and Georgia have been litigating, every time one or the other would get a favorable ruling, they didn’t want to settle. If some courageous and enlightened leadership in the state would consider it, maybe we could get a multi-state compact,” he added.

The pending case in Washington disputes the authority of the Corps of Engineers Water Control Manual, which could have an adverse effect on Lake Martin water levels if Georgia diverts water for navigable purposes. There has been no movement on this case for more than a year, Forehand said.