By Jeff Gill jgill@gainesvilletimes.com




POSTED: September 19, 2011 11:23 p.m.





The U.S. Supreme Court may be the next stop for Georgia's longtime water standoff with two of its neighbors.

The 11th U.S. Circuit Court of Appeals in Atlanta rejected a request Friday from Alabama and Florida, which had asked the full court to reconsider a ruling from a three-judge panel that handed metro Atlanta a major victory in a feud over water rights.

Then, on Monday, Alabama Gov. Robert Bentley said his state will ask the U.S. Supreme Court to take on the case.

"That would be fully expected," said Kelly Randall, Gainesville's public utilities director. "I would expect all of those folks — Alabama, Florida, the power customers — to do that. That's the next step.

"But I don't know why one would think the Supreme Court would hear the case if the circuit court decided not to, but I'll guess we'll just have to wait and see."

Attorneys at Florida's Department of Environmental Protection were still reviewing their legal options Monday and would not comment, agency spokeswoman Jennifer Diaz said.

Litigation between the three states hit a major milestone on June 28, when the circuit court reversed a July 2009 decision that would have severely hamstrung Hall County and much of metro Atlanta from withdrawing water from the lake.

Judge Paul Magnuson's 2009 decision, affecting some 3 million people, imposed a three-year deadline for Georgia to find another source of water, have Congress reauthorize Lanier as a specially designated source of drinking water or negotiate a water-sharing agreement with Florida and Alabama.

The circuit court's decision stated that Congress always intended for the lake to be used as a source of drinking water for the Atlanta area and that previous decisions that said otherwise, including Magnuson's ruling, were based on "a clear error of law."

Alabama and Florida promptly filed appeals.

Their rejection "is very good for Georgia," said Lewis Jones of Atlanta's King & Spalding law firm, which has represented Atlanta, the Atlanta Regional Commission and other local governments in the matter.

"It confirms that water use is a fully authorized purpose of Lake Lanier. That's the right decision, and we've known that all along.

Alabama and Florida were expected to "try to appeal this decision to the Supreme Court," Jones said.

"You don't get to take an appeal just because you want to," he added. "You have to apply to the Supreme Court for permission and ... these requests are very rarely granted.

"Even if the appeal were accepted, I believe that the opinion of the 11th Circuit would be confirmed by the (Supreme Court) because it is thoroughly reasoned and correct. But I don't think we're going to get to that stage because I see no reason the Supreme Court would take this appeal."

John Fortuna, also of King & Spalding, said it could be months before the Supreme Court could decide whether to take on the appeal.

Val Perry, executive vice president of Lake Lanier Association, a Gainesville-based advocacy organization, said he believes the circuit court's actions will help Georgia economically.

"I think a lot of people were saying that if Georgia doesn't have water, businesses won't come here," he said.

Before Alabama had announced its intentions on Monday, Perry said he was hoping further appeals would end.

"I think we need to focus on the water control plan that the (U.S. Army) Corps (of Engineers) has been directed by this court to put together and to consider water supply," Perry said.

"We can look forward to a year from now having a water plan that we can all salute and work with," he added.

Associated Press contributed to this report.

Good News! Thanks for posting this Billy.

cool info bill

So i guess they will not be dropping our lake down any further? what does this exactly mean? I am trying to understand all the mumbo jumbo.

Green, now you know better than to think your gov't wants you to know whats going on!

Hold on, here is comes. From the AJC today

The Times of Gainesville reports that Lisa Coghlan, a spokeswoman for the Corps, says the permit process will remain suspended until the elevation of the reservoir is sustained at 1,064 feet.

The lake was measured at 1,062.89 feet Wednesday afternoon, 2 feet lower than at the end of August. At the time, the state climatologist's office reported most of Georgia in a state of extreme drought.

Lanier is expected to fall to about 1,059 feet late next month, barring substantial rainfall.

The lake's historic low is 1,050.79 feet on Dec. 26, 2007, during the worst period of the last drought. Its full pool is 1.071 feet.

Thanks for the info,Brett.Hopefully they will use good old fashioned common sense. pray for rain,it seemed to end the drought before.That was my observation when i lived in florida

Every time they do something and it backfires it makes the government look just plain stupid!What ever is done in darkness will come to light.All they have to do is grasp this principal and the world will be a much better place i beleive