Negotiated deal on tri-state water wars seems unlikely
No news is bad news.
Officially, negotiators for Alabama, Florida and Georgia are still talking, still trying to agree on how to manage shared water resources and end the legal fight that threatens to strip much of metro Atlanta of its right to Lake Lanier’s water.
Because the talks have been shrouded in secrecy, it’s hard for outsiders to know how much if any progress is being made. Maybe, just maybe, a deal can still be reached.
But we do know this much:
As recently as December, governors of the three states were suggesting that a deal might be concluded fairly quickly, in time to be approved while their respective legislatures were still in session.
Well, the Alabama Legislature adjourned April 22, the Florida session ended April 30, and Georgia legislators went home April 29, with no deal even whispered about.
Even if a deal were to be announced now, its prospects might be doomed by another event of April 29. That day, Florida Gov. Charlie Crist announced he was leaving the Republican Party to run for the Senate as an independent.
Like his counterparts, Sonny Perdue of Georgia and Bob Riley of Alabama, Crist’s term as governor is ending. Lame-duck governors often don’t wield a lot of influence, which means it might be hard even under good circumstances for the three to sell a deal to their legislators.
With Crist’s announcement, however, he becomes a man without a political base, and as a result any deal he might bring to Florida legislators would almost certainly be rejected.
So where does that leave us?
In the past, Perdue has floated a second means of resolving the dispute politically. Congress, he has said, could be enlisted to impose a settlement on how to manage Lake Lanier and its downstream flow.
Initially, Georgia’s congressional delegation didn’t think much of that approach, perceiving it as a last-ditch effort by Perdue to dump the problem into their laps. Upon further inspection, that assessment hasn’t changed much.
According to John O’Keefe, a staff member for U.S. Rep. Phil Gingrey, the governor’s idea “doesn’t seem to be going anywhere.” Georgia can’t match the political heft of the combined Florida and Alabama delegations, O’Keefe told a water conference last month at the University of West Georgia, and other states have no interest in getting involved in the dispute.
But O’Keefe also sympathized with Perdue’s predicament. If no solution is found soon, he said, “Gov. Perdue would bear the brunt of the blame” of “an economic death knell to Georgia.”
With a political solution unlikely, that leaves the courts, where Georgia’s success rate has been dismal. Under a federal ruling last summer, the state has until July 17, 2012, to settle with its neighboring states or face a dramatic reduction in the amount of water it can withdraw from Lake Lanier.
Georgia attorneys have filed an appeal to that decision. Ideally, they hope to overturn the decision by Judge Paul Magnuson that water supply is not a congressionally authorized purpose of Lake Lanier, which would be a great victory.
That seems unlikely. More realistically, the 11th Circuit Court of Appeals could rule that Magnuson’s decision was too punitive to metro Atlanta, perhaps giving the region a reprieve from that looming deadline while a more rational solution is pursued.
Water, in other words, is going to remain a chronic, recurring problem for metro Atlanta.
“Once you have an interstate water conflict, you always have an interstate water conflict,” says water-law expert Jerry Sherk, an attorney and a water law expert in Colorado. Colorado and Kansas, he said, have fought over the Arkansas River for more than a century.
And they’re still at it.
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207 comments Add your comment
Gale
May 11th, 2010
8:05 am
How do you solve a problem like fresh water? I think part of it is knowing we inhabit a planet covered in water, but not understanding how little of that water is actually drinkable. We talk about conserving oil and gas, but we rarely think about fresh water. Our water supplies in this country are our most vulnerable asset.
ty webb
May 11th, 2010
8:05 am
water? who needs water? let’s all go fishing…oh wait…nevermind.
Peadawg
May 11th, 2010
8:08 am
Robin Williams said it best(edited version):
“This *stuff* is gonna be more precious than oil.
Ten years from now, it’s already started to happen.
People going: I got water.
And if you want it cold, I got ice, mother f’er.”
USinUK
May 11th, 2010
8:09 am
nope … I just can’t see Chinatown III being filmed by Lake Alatoona …
Southern Comfort
May 11th, 2010
8:10 am
Desalinization?!!?
USinUK
May 11th, 2010
8:12 am
actually, maybe I CAN picture Chinatown III being filmed by Lake Alatoona … “she’s my daughter … she’s my sister … she’s my daughter AND my sister” …
USinUK
May 11th, 2010
8:12 am
SoCo – VERY expensive and uses LOADS of energy
NowReally
May 11th, 2010
8:14 am
If three Republican governors of southern states can’t reach a deal; it’s mind boggling, I thought they could agree on pretty much everything. If Metro Atlanta is going to loose water, let’s start by shutting the water off at the capitol and the governors mansion.
USinUK
May 11th, 2010
8:14 am
FEWER EFFING GOLF COURSES would be a nice start …
Doggone/GA
May 11th, 2010
8:14 am
“VERY expensive and uses LOADS of energy”
And add to that the cost of pumping it from the coast to Atlanta. Nope, if they can’t get the water from Lanier…they’ll build another reservoir somewhere.
Normal
May 11th, 2010
8:15 am
Off topic. Heard about this?
http://www.navytimes.com/news/2010/05/ap_pakistan_nukes_050810/
Outhouse GoKart
May 11th, 2010
8:15 am
Agreed Gale…this is a very liquid subject!!!
Gale
May 11th, 2010
8:15 am
Desalinization, similar issue to solar and wind farms. With fresh water so abundant, why bother looking for other sources? I have seen suggested projects of tidal power fueling Desalinization plants. The cost/benefit analysis couple with other coastal demands nixes those developments.
Southern Comfort
May 11th, 2010
8:15 am
UnU
I imagine the process can be refined and tweaked if some company sees huge profit potential in it. We put a man on the moon in less than 10 years. I don’t think too much could be any harder than that.
TnGelding
May 11th, 2010
8:15 am
They get what we don’t use. It’s that simple. But there is plenty for all as long as we make conservation a way of life and we get rain. It would help to build a few more small reservoirs, also. I like the idea to use abandoned rock quarries.
Gale
May 11th, 2010
8:16 am
Outhouse, you are just full of wittiness early in the morning.
Normal
May 11th, 2010
8:16 am
FEWER EFFING GOLF COURSES would be a nice start …
Yep, one per county, max. BTW, do you know why the gsme is called Golf?
…all of the other four letter words were taken…
Blog Soap
May 11th, 2010
8:17 am
Squeaky Fromme’s statement to the judge delivered before her sentencing, concluded that “We have 10 years of water left.”
The judge responded, “You talk about saving resources. Well, what about the human resource?”
That was in the mid seventies. It’s 35 years later, and after reading Bookman’s blog today, it looks like Squeaky Fromme was…..RIGHT!!!
OMG! Run for your lives!
Doggone/GA
May 11th, 2010
8:17 am
“I like the idea to use abandoned rock quarries.”
Great in theory…look a little more closely into the heavy metal pollution of quarry water, though.
USinUK
May 11th, 2010
8:17 am
Gale – ” I have seen suggested projects of tidal power fueling Desalinization plants”
it’s an idea whose time has come … of course, the problem is that if it isn’t a problem NOW, lawmakers tend to not invest in a solution
Outhouse GoKart
May 11th, 2010
8:17 am
AL and FL want to give ATL a financial soaking.
USinUK
May 11th, 2010
8:18 am
Normal – 8:16 – I have a friend who is a golf FIEND – am SO sharing that one with him!
Gale
May 11th, 2010
8:20 am
The problem of water in metro Atlanta was escalated by unrestrained development. That is the fault of politicians. How can we expect politicians to solve the problem? Managing local resources like water would require politicians right down to local planners to make hard choices. Hard choices rarely result in more votes.
Outhouse GoKart
May 11th, 2010
8:21 am
Sonny prayed and buckets of rain have fallen. Perhaps he needs to say a little pray for AL and FL.
“Dear God, AL and FL were our bestest friends but now they are being very mean to the good peoople of GA. Please blessed Lord smite down our enemies to the west and south and allow the Great State of GA to remain a beckon of hope for all Americans…Amen”.
USinUK
May 11th, 2010
8:21 am
blog soap – so far, the only water quote I can find from Squeaky Fromme is, “”I stood up and waved a gun (at Ford) for a reason,” said Fromme. “I was so relieved not to have to shoot it, but, in truth, I came to get life. Not just my life but clean air, healthy water and respect for creatures and creation.”"
so – could you please post a link with the quote YOU attribute?
Southern Comfort
May 11th, 2010
8:22 am
Gale
I think some politicians have shown they can make “hard” choices. I think the difficult ones are where they show their cowardice.
Gale
May 11th, 2010
8:23 am
I always worry when anyone prays to their deity to smite their enemies.
Gale
May 11th, 2010
8:24 am
Tricky, SoCo.
Doggone/GA
May 11th, 2010
8:24 am
“I always worry when anyone prays to their deity to smite their enemies”
Especially when they pray to the Prince of Peace
N-GA
May 11th, 2010
8:27 am
For years the City of Atlanta (read: politicians) refused to properly fund the Atlanta Water and Sewer Department. They refused to fund necessary improvements and they refused to increase water/sewer rates. Look what happened! The federal government had to step in and……
When politicians don’t raise the voter’s financial burden to the level necessary to sustain the service, the result will inevitably be bad. In this case, the politicians better wake up and realize that the watershed must be shared by everyone in it, not just those who “upstream”. If Georgia wants its own water supply, they will need to build reservoirs that don’t pull water from public lands and rivers.
Not to worry though. If the decision is left to the administration in Washington, Georgia will come out okay. [sarc]
Outhouse GoKart
May 11th, 2010
8:27 am
“Peace thru superior firepower”.
Bob
May 11th, 2010
8:29 am
UsinUK, my course retains rain water for irrigation as do most, just because you can’t break 100 doesn’t mean you get to ruin the fun for the rest of us. Jay, could you please explain the logic in no letting georgia use water from a river that starts in georgia ? If it is because of the TVA dam issue, why can’t we pull directly from the hooch as it flows by. It is my understanding that the city of Buford has unlimited access to water from the hooch, if that is true, can’t we just buy it from them ?
USinUK
May 11th, 2010
8:31 am
bob – “because you can’t break 100 doesn’t mean you get to ruin the fun for the rest of us”
in golf OR in bowling!
I’m glad to hear your golf course retains water for irrigation – however, it can’t retain ALL the water it needs to keep lush
Outhouse GoKart
May 11th, 2010
8:32 am
A young Kagan without her glasses is a dead ringer for a young Susan Atkins.
FinnMcCool
May 11th, 2010
8:32 am
Why clover is a better alternative than grass for your lawn:
http://landscaping.about.com/gi/o.htm?zi=1/XJ&zTi=1&sdn=landscaping&cdn=homegarden&tm=85&gps=378_710_991_577&f=00&su=p284.9.336.ip_&tt=2&bt=0&bts=0&zu=http%3A//www.lesslawn.com/
Reason #1 should be: Less time mowing and more time reading and posting on the Bookman Blog!
Bob
May 11th, 2010
8:33 am
Outhouse, it’s funny how history repeats itself, during a drought in the eighties, slow frank harris held a prayer vigil for rain also. Maybe they should keep praying instead of quiiting after a few inches come down.
Outhouse GoKart
May 11th, 2010
8:33 am
The State of GA/city of Atl polictians are all wet.
ty webb
May 11th, 2010
8:33 am
reminds me of “There Will Be Blood”. FL and AL are simply “drinking our milkshake”.
Southern Comfort
May 11th, 2010
8:33 am
http://www.graywater.net/
I wonder if any people in the metro area or anywhere along the river system in question uses a recycling system to cut down on water usage. It seems like this would be one of several different ways to cut back on water use.
USinUK
May 11th, 2010
8:35 am
Finn – 8:32 – not to mention, honey bees LOVE clover!!! so, it’s great for the flagging bee population, as well
Outhouse GoKart
May 11th, 2010
8:37 am
The ole cliche’ will soon be changed…
“…and people in GA want ice water.”
Outhouse GoKart
May 11th, 2010
8:37 am
AL and FL are allowing GA to have lots of H2nO.
Doggone/GA
May 11th, 2010
8:41 am
“not to mention, honey bees LOVE clover!!!”
and people love clover honey…a win-win situation!
Bob
May 11th, 2010
8:41 am
Quite right US, that is why the fairways brown out during droughts and we switched our greens to the new bermuda that is drought resistant, plus it does not get pocked up by ballmarks. Along with creating new wetlands during construction and new strains of grasses golf courses now use, golf should be your last worry, unless you just have a problem with it.
USinUK
May 11th, 2010
8:44 am
bob – “golf should be your last worry, unless you just have a problem with it”
no problem with golf or golfers – just wish you guys used astroturf
Gale
May 11th, 2010
8:44 am
I actually tried to grow clover in my lawn in Michigan. The fescue up there was pretty healthy though and the clover had to work pretty hard to take over.
Redneck Convert (R--and proud of it)
May 11th, 2010
8:45 am
Well, good a.m. everybody. Ain’t it just like a dirty, sneaky Commie like this Obama to name a SC judge that ain’t got no record you can use against her? I mean, not a single court case or other paper. The Conservative Sens. are going to need to settle for weak stuff like running the military recruiters out of Harvard. It just ain’t right!
Anyhow, I was thinking about this water problem for GA. Now us Southreners ain’t known for haggling with other people. We’re rebels, and we been rebels for nigh on 160 years. So forget about this stuff about coming to some kind of agreement with Alabama and Florida. We just ain’t going to share our water and we don’t care what kind of settlement they offer. The Lord made it fall on us and not them, so why should we act like they own part of it?
Then it hit me. Remember how old Sonny got a bunch of preachers together a year or so ago to pray for rain and how that worked so good? Well, we might not have water we can share, but we got plenty of preachers. Lord do we got preachers! They’re all over the state and the radio and TV. You can’t turn around without getting hit up for a donation. And if a few get tossed into prison for bothering kids or swindling people or stuff like that, we got that many more getting out to take their place. And we got so many of them because it’s alot easier than working for a living.
So it seems to me if praying works to break a drought it’ll work for giving us plenty of water for the state. Besides, you don’t want the man my grandson is named after to go out of office with the shame of leaving the state high and dry when it comes to water.
So it’s time for another Sonny campaign. Instead of Go Fish let’s have Go Pray. We got enough preachers to keep it going 24 hrs. a day, 7 days a week, 365 days a year.
Problem solved. No need to thank me. The Lord brought this Vision to me.
Have a good day everybody.
USinUK
May 11th, 2010
8:46 am
doggone – “and people love clover honey…a win-win situation”
I’m sayin!!
this is a campaign I could totally back!! “Plant clover … for the sweet life!” … “BEE water smart … plant clover” … “Plant clover … it’s on your honey-DO list!”
Jay
May 11th, 2010
8:47 am
Bob, among the things I’ve learned is that in interstate water wars, it just isn’t important where the water originates. You might think it should, logically. But in a courtroom it doesn’t.
As to Buford Dam and Lake Lanier, the issue is that when Congress authorized funds for building the dam, it didn’t explicitly list water supply as a purpose for doing so. So the Corps of Engineers can’t manage the dam for that purpose. It can’t store water in the lake during droughts for use by downstream consumers, and Gwinnett County’s permit to withdraw water directly from the lake is in great legal peril. (Buford is grandfathered in because it had a withdrawal permit from the Chattahoochee that existed before the dam was built. But I don’t believe it is limitless.)
Building additional reservoirs isn’t a solution either, from what I’ve learned. Every reservoir permit that Georgia files is going to be tied up in court by Florida and Alabama until some final resolution is reached. Any politician who claims otherwise is either misleading you or doesn’t understand the situation. We’re in for a long, drawn-out, expensive legal fight with a very uncertain outcome.
Outhouse GoKart
May 11th, 2010
8:48 am
“Hell no H2O, Hell no H2O”