July 20, 2009

AG: Major win for Alabama in water wars

Staff Reports

PRESS RELEASE — The state of Alabama has prevailed in a 19-year-long legal battle to stop Georgia from excessive and unauthorized use of water from Atlanta’s Lake Lanier, depriving Alabama of much-needed water flow.

Attorney General Troy King said Alabama’s position in the long-running litigation was ‘totally vindicated’ by a ruling in U.S. District Court in Jacksonville, Fla., issued July 17 by Judge Paul John Magnuson.

“After 19 years, Alabama has finally achieved a legal victory in this case, one that has regrettably not been able to be resolved at the negotiating table by the states’ governors," said King. "With this legal victory for Alabama, perhaps a renewed spirit of cooperation can be achieved.”

For decades, the state of Alabama has been challenging Atlanta’s increasing withdrawals from Lake Lanier for the city’s water supply.

Alabama argued that Georgia’s withdrawal of water from Lake Lanier for water supply was not an authorized purpose under federal law and that these withdrawals were illegal. Last week, the court ruled in Alabama’s favor.

When federal funds were appropriated to build Lake Lanier, the specifically authorized purposes were hydropower, flood control, and navigation. Water supply was not an authorized purpose.

In ruling that Atlanta’s withdrawals from Lake Lanier for water supply are illegal, the court froze the withdrawals at current levels.

If within the next three years Georgia has not obtained congressional approval for its practices, the allowed levels of water to be withdrawn will revert back to the levels of the mid-1970s.