U.S. Water News Online
MONTGOMERY, Ala. -- Alabama will ask for a full appeals court review of a three-judge panel's decision allowing the Atlanta area to use more water from Lake Lanier and the Chattahoochee River than allowed under earlier orders, Attorney General Troy King said.
The ruling by the panel of the 11th U.S. Circuit Court of Appeals reversed earlier decisions by an Alabama federal district court, which blocked metro Atlanta from getting additional water that state and local officials say is necessary for Atlanta to accommodate expected growth.
The ruling by the three-judge panel, which sends the case back to the Alabama court, could allow Atlanta to take up to 50 percent more water from the lake and river. If the ruling stands, Atlanta eventually would be able to take up to 537 million gallons of water a day out of the lake and river below it.
"These are three judges in the 11th Circuit. We'll ask for a full 11th Circuit," King told The Associated Press. "We'll be asking them, of course, to reverse what they did. The state's interest in this case is very significant."
As Atlanta continues to ladle more water for its own expansion, Alabama will become less desirable for future industries, King said. He also said the nuclear plant near Dothan relies on the water for its cooling system and the local communities rely on the water to generate electricity.
"We are prepared to exhaust every legal avenue available to the state of Alabama to protect what is the most basic and essential element, which is water," King said.
According to Georgia environmental officials, the region safely could take up to 705 million gallons a day. But that estimate has not been scientifically verified and some experts disagree.
Alabama and Florida do not want metro Atlanta to have the additional water. The three states, which share the Chattahoochee, have been fighting over the river since 1990.
Adam Snyder, executive director of the Alabama Rivers Alliance, said the 11th Circuit's decision "could have a devastating impact on water quality and quantity in Alabama."
"Atlanta's thirst for water can have long-term effects on downstream stockholders both economically and environmentally," he said. "This will lower the amount of water available for critters and humans downstream of the Atlanta metro area. That means less drinking water, less water to recreate in and diminished habitat."
Snyder said he expects the case eventually to reach the Supreme Court. King wouldn't speculate on how far the case may advance, except to say his office would be "aggressive" in protecting Alabama's share of the water
At the lower end, Florida wants enough water in the river to serve future development and to ensure the health of Apalachicola Bay, a rich estuary and commercial fishery.
Even without further legal wrangling, Georgia officials estimate it could take one or two years before metro Atlanta gets its guaranteed water supply. Before then, a federal environmental review is required to determine if there could be any harmful effects.
"We anticipate that the environmental review will show that water storage contracts are sound from an environmental and economics standpoint," Georgia Gov. Sonny Perdue's spokeswoman, Heather Hedrick, said.
In an e-mailed response to The Atlanta Journal-Constitution, Cragin Mosteller of the Florida Department of Environmental Protection said: "This is just one step of many in a long process. And (Florida) will continue to pursue our legal options for protecting the economic and environmental value of Apalachicola River and Bay."
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