News + Events
Tri-State Water Rights Litigation July 17, 2009 Order
August 3, 2009
Gregory "Greg" W. Blount
William M. Droze
Angela Levin
On Friday, July 17, 2009, the Middle District of Florida, site of a Multidistrict Litigation proceeding, issued an order declaring that Congress created Lake Lanier for the purposes of electricity generation, flood control, and navigation, not water supply, and that the U.S. Army Corps of Engineers should have requested approval from Congress before permitting the lake to be used for water supply. Further, the Order provided that the Corps of Engineers had exceeded its authority under the federal 1958 Water Supply Act by allocating storage space in Lake Lanier (a federally managed reservoir in North Georgia) to water supply for Metropolitan Atlanta. Thus, the Court prohibited the Corps of Engineers from using Lake Lanier to satisfy Metro Atlanta’s water needs to the extent that it would be inconsistent with the use of the lake for hydropower, flood control, and/or navigational support.
The Court’s ruling is based on legislative history and alters thirty years of dealings between the Corps and various Metro Atlanta water suppliers. The Court noted that under current conditions all parties need be better managers of their water resources.
The ruling, although stayed for a three-year period to allow Congressional action, highlights the importance of a guaranteed water supply to both public and private entities. Government officials must consider alternative water resources, to the extent they exist, while working to obtain Congressional authorization for Metro Atlanta’s use of Lake Lanier. In addition, water-dependent businesses throughout Georgia will need to develop a strategy to safeguard and conserve their water resources in this uncertain time.
For businesses and private citizens, prospective water resource strategy may include efforts to protect, develop, and conserve water supply, including an assessment of the status and sufficiency of any water withdrawal permits necessary for the operation of a business. In addition, given the limited amount of water resources available, even if Congress eventually approves the use of Lake Lanier for water supply at some level, the development of a conservation and sustainability plan would provide an assurance that the needs of a business dependent on water supply for existence or growth will not outpace the amount of water available.
For information on assessing the status and adequacy of your water resources and on developing a water resource conservation plan, please contact Greg Blount at (404) 885-3291 or by email at , or for more information about the details and implications of the Court’s recent decision, William Droze at (404) 885-3468 or by email at william.droze@troutmansanders.com, or any other member of the Environmental and Natural Resources Practice Group at Troutman Sanders LLP.