Capitol Observations - Written by Jere Beasley on Sunday, February 1, 2009 13:28 - 0 Comments

Alabama Wins A Preliminary Round In Water Case

The U.S. Supreme Court will let stand a lower court ruling that threatens ’s long-term water use plans for the region, giving and a pivotal victory in the states’ long-running water wars. The court’s decision raises fundamental questions about ’s rights to Lake Lanier, a huge federal reservoir outside , that serves as the city’s main water source. The ruling could also play a key role in deciding related water-rights disputes in lower courts.

The decision involves a 2003 water-sharing agreement with the Army Corps of Engineers that would have allowed to take far more water from Lanier for its drinking supply over the coming decades. The agreement would have allowed ’s withdrawals to jump from about 13% of the lake’s capacity to about 22%. and contested the pact, arguing that larger withdrawals would cripple downstream flows into their states. The two states said the lake was initially built for hydropower and providing water to was not an authorized use.

While a federal district court ruled with , the U.S. Court of Appeals in overturned that decision and invalidated the agreement. then appealed to the U.S. Supreme Court. Other states were watching the case closely because the legal questions involved could strongly influence several other pending cases. As you probably know, , , and have been in a legal and political battle over water rights since the early 1990s. The fight intensified in the past year as extreme drought has gripped our region of the country. The Governors of the three states began new negotiations last year attempting to reach a settlement. But the talks failed, and it appears the courts will have to decide the issue.

Source: Associated Press




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