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ROME, Ga. — Water diversions from Georgia rivers that impact more than half the state's population may continue without proper oversight from state environmental regulators if a proposed rule presented to Georgia's Department of Natural Resources Board (DNR Board) is implemented, according to the Coosa River Basin Initiative.

Georgia's Environmental Protection Division (EPD) last week presented the proposed changes to state rules governing water withdrawals involving interbasin transfers — the process of removing water from one river and using it and/or discharging it to another river.

The practice is highly controversial because transfers can harm the health of rivers and reduce economic development potential in downstream communities.
The Coosa River Basin loses about 10 million gallons a day (MGD) to a transfer that diverts water from Lake Allatoona to Metro Atlanta, and a proposed water supply project on the Etowah River (a Coosa tributary) in Dawson County would involve a transfer of up to 100 MGD to Metro Atlanta.

The Coosa River also supplies a vast majority of the water in Weiss Lake.
“As the proposed rule is written these transfers could be allowed without a full study of their impacts to our rivers or downstream communities,” said Joe Cook, Executive Director & Riverkeeper at the Coosa River Basin Initiative in Rome. “Unfortunately, the specific language in the rule does not require EPD to conduct these studies. It's a paper tiger that only regulates interbasin transfers if EPD chooses to do so.”

At issue is one word in the rule: “should.” Currently, the rule reads that EPD “should” evaluate the interbasin transfer criteria that are part of the State Water Plan adopted by the General Assembly and Governor in 2008. These 22 criteria include everything from an evaluation of the transfer's impact during drought conditions to the effectiveness of water conservation efforts in communities receiving the transfer.

“The criteria are good but the use of the word ”should” is the equivalent of suggesting to your son or daughter that they clean up their room,” said Cook. “If I want my daughter to clean up her room, I tell her she MUST do so. For this rule to have any legal teeth, 'should' needs to be replaced with 'shall'.”

The rule also applies only to new interbasin transfers. Existing transfers would be “grandfathered.” Those existing transfers pose a threat to the state's rivers and should also be evaluated, insists CRBI.

During the 2010 General Assembly session, 22 senators and 67 representatives sponsored legislation that mimicked the proposed rule currently before the DNR Board. That bill required EPD to evaluate the interbasin transfer criteria outlined in the State Water Plan. The measure died when legislative leaders refused to hear the bills in committee.

The timing of the proposed rule appears to be an effort to preclude legislative action during the 2011 session, according to CRBI. EPD Director Allen Barnes has stated his preference to address interbasin transfer rules through the DNR Board rather than through the General Assembly.

Interbasin transfers occur in 28 Georgia counties, impacting 5.5 million people in those counties. Millions more downstream -- including those who depend on Weiss Lake for drinking water and recreational opportunities -- may be impacted by these water diversions. About 90 percent of Georgia's water transfers occur in Metro Atlanta. Most of the water is diverted from the Chattahoochee, Coosa and Flint rivers.

“Communities downstream from Metro Atlanta are looking for help from state regulators; they want to know that their water interests are being considered,” said Cook. “The criteria outlined in the proposed rule should provide those assurances, but only if the rule requires that EPD consider the criteria.”

EPD is accepting public comments on the rule through Jan. 10 and will hold a public hearing in Atlanta on Jan. 5 at 1 p.m. The DNR Board is expected to vote on the rule at its Jan. 26 meeting.

For more information contact Joe Cook at 706-232-2724 or jcook@coosa.org.