Where We Stand

from Lake Magazine August 2023

Is that right?

LMRA legal counsel reviews status of pending issues

LLake Martin Resource Association (originally, Lake Martin Recreation Association) was formed on April 7, 1970, to intervene in the first relicensing of Lake Martin by the Federal Power Commission (later, Federal Energy Regulatory Commission). From its beginning, LMRA has been active in regulatory issues and advocacy on behalf of Lake Martin.

This article will address what has commonly become known as the “Water Wars,” as well as the relicensing of the R.L. Harris Reservoir just upstream of Lake Martin.

History

In 1957, the U.S. Army Corps of Engineers completed Buford Dam to create Lake Lanier, a 38,500-acre reservoir in Georgia. This is the largest and northern-most reservoir on the AlabamaChattahoochee-Flint River Basin. The primary purpose of this dam was flood control, power generation and navigation. Water supply and recreation were additional benefits.

In 1989, the USACE announced a plan to reallocate 20 percent of the water supply normally reserved for power generation in Lake Lanier to drinking water. Georgia then applied for permission to build a series of reginal reservoirs that would circle Metro Atlanta and “drought proof” North Georgia. The first of those reservoirs would have been near the Alabama state line and would have impounded water from the Alabama-CoosaTallapoosa River Basin.

War Is Declared

In 1990, Alabama, later joined by Florida, filed suit to block the proposed reallocation of water from Lake Lanier and raised concerns about the withdrawals of water from the ACT basin and Georgia’s plan to build regional reservoirs. This was the beginning salvo in what has become known as the Water Wars.

In 1992, the states agreed to call a truce in the lawsuits. They also agreed to conduct a $20 million comprehensive study to analyze how much water was available in each basin; how much each state needed based upon growth projections; and the possible economic and environmental consequences of meeting those needs.

In 1998, another drought spurred Congress to enact water compacts among Alabama, Georgia and Florida to provide a framework for negotiations over water sharing in the ACT and ACF basins. With the comprehensive study as a guide, negotiations among the states continued off and on for five years. Eventually, the water compacts expired without final agreements having been reached.

In 2003, Georgia reached a separate agreement with the USACE that gave Metro Atlanta 23 percent of the water in Lake Lanier, a 65 percent increase. By this time, more than 3 million Metro Atlanta residents depended upon Lake Lanier for their water supply. Alabama and Florida challenged this reallocation in court, and it never went into effect.

In 2007, a drought that started in 2006 intensified, and water levels in Lake Lanier plunged to new lows. During this same drought, water levels in Lake Martin receded to 16.5 feet below full pool, a level not seen since before the 1970s. Water restrictions were declared across the region, including a total ban on outdoor water use in North Georgia counties. The crisis caused the federal government to intervene, and Alabama, Georgia and Florida agreed to a temporary reduction in flow in the Chattahoochee River. There was also a goal of working out a longterm agreement on water sharing. Despite continued negotiations, no agreement on water sharing was reached.

In 2008, the Georgia General Assembly approved funding for a statewide water management plan, including a three-year data-gathering effort to determine water availability in the state. At the same time, the assembly passed a resolution to “correct” a boundary error with Tennessee that would have effectively given Georgia access to 15 times the flow of the Chattahoochee. Also in 2008, the U.S. Court of Appeals in Washington D.C. overturned the 2003 agreement between Georgia and the USACE that had increased water supply from Lake Lanier for Atlanta. That ruling specifically held that Congressional approval was required for such a reallocation.

Fast forward to 2013 when the USACE issued a draft water control manual for the ACT basin. The WCM made changes to the operation of Lake

Allatoona on the Coosa River system that basically gave the USACE unlimited authority to stop power generation at the dam, thereby shutting off releases of water. Interestingly, these changes were proposed in the interest of recreation, which was not a congressionally authorized purpose of the project. The final environmental impact statement stated that decreased flows in the Coosa could create water quality issues in the Coosa River and navigation issues on the Alabama River.

In 2015, the USACE adopted the WCM for the ACT basin. The State of Alabama and Alabama Power Company filed suit in Federal District Court in Washington D.C., challenging several provisions in the WCM. The City of Montgomery, City of Mobile, LMRA and Russell Lands all intervened in the suit as plaintiffs. LMRA intervened to advocate specifically for matters that could impact Lake Martin. The State of Georgia and various water suppliers in Georgia intervened as well.

BY STEVE FOREHAND

the rule curve at the time of measurement. If anticipated higher winter pool levels cause more water to be held in Harris on Sept. 1, it is possible that the fall extension for Lake Martin may be triggered more often.

When the modeling fall extension was being completed, it was estimated that the conditions for the fall extension would be met infrequently. As it has turned out, the fall extension has been triggered during most years since the Martin license was granted.

Remember, though, that averages do have a way of catching up over time. We might go another 15 years without a fall extension, depending upon rainfall.

Water issues will continue to be important to the State of Alabama and to Lake Martin residents and users. Perhaps at no other time in our history has it been more important to stay informed and make sure our source of water is protected. LMRA will continue to monitor any and all activities and issues that could affect Lake Martin.

All parties to the lawsuit have briefed their motions for summary judgment and have been waiting for a ruling since 2017. There has been very little movement of the case since that time. LMRA will continue to participate in the litigation and advocate for the interests of Lake Martin. As people continue to relocate to the Southeast from western states, water supply will become more critical.

R.L. Harris Reservoir Relicensing

The relicensing of the R.L. Harris Reservoir has been proceeding since 2017. This process has been very much like the Lake Martin relicensing process with a series of stakeholder meetings and studies of various proposals. LMRA has been involved in the relicensing since the start and has monitored the process for any potential impacts on Lake Martin. Alabama Power Company is required to safeguard Lake Martin by taking no action that is adverse to the lake, but LMRA still desires to participate in the process to have a better understanding of the issues.

To date, there appear to be no issues that should raise a concern at Lake Martin.

Much the same as during the Lake Martin relicensing, a group of homeowners at the Harris reservoir have requested higher winter pool levels. We are optimistic that this could provide a benefit to Lake Martin by making it more likely that the Harris water level would be within a foot of its rule curve when the Lake Martin fall extension is under consideration.

When the Lake Martin fall extension (which LMRA proposed during the relicensing) was being considered, the Harris measurement was the one of five reservoirs least likely to be within one foot of

Steve Forehand is Legal Counsel for LMRA. For more information, visit lmra.info.