DC court denies Georgia appeal on water ruling

May 2008

U.S. Water News Online

WASHINGTON — The U.S. Court of Appeals in Washington has declined Georgia's petition to reconsider a recent ruling that restricts the state's authority to tap a huge federal reservoir near Atlanta for more drinking water.

A three-judge panel of the court in February threw out an agreement that Georgia reached in 2003 with the Army Corps of Engineers. The agreement — the lynchpin of Georgia's long-term water plans — would give the state about a quarter of Lake Lanier's capacity over the coming decades.

The court sided with Alabama and Florida, who argued that using even more of the lake for drinking water would constitute a major operational change that requires congressional approval.

The court denied Georgia's request for a rehearing without comment.