June 24, 2015
www.gfb.org
Vol. 33 No. 25
GEORGIA MOTION DENIED IN SUPREME COURT WATER CASE Special Master Ralph Lancaster denied a motion by the State of Georgia to dismiss Florida’s water rights lawsuit before the Supreme Court. Georgia filed a motion for dismissal of the case, maintaining that the United States should be a party to the suit since the U.S. Army Corps of Engineers operates a series of dams on the Chattahoochee River and at the southernmost point of Lake Seminole along Georgia’s southwest border with Florida, and thus controls the flow of water from the Chattahoochee and Flint rivers into the Apalachicola River. Florida argued that the relief it is seeking is a reduction of Georgia’s water use rather than minimum flow requirements for the Chattahoochee and Flint. Attorneys for the two states presented arguments on Georgia’s motion to dismiss during a hearing held June 2 in Washington, D.C. In a ruling published on June 19, Lancaster found that the case could advance “in equity and good conscience” without the United States as a party, saying that Georgia failed to prove otherwise. Lancaster, who as special master is managing the case on the Supreme Court’s behalf, also found that Alabama need not be a party to the suit. At the close of the June 2 hearing, Lancaster urged the two states to work toward a watersharing agreement outside of court proceedings. “Whatever the result is, whatever the Court does with this case after I make my report, we’re talking a lot of money and a result that I suggest neither one of you may be very happy with,” Lancaster said. “So, again, and again, and again, I’m going to urge you to discuss settlement seriously.” The suit, which Florida filed in October 2013, alleges that Georgia has overconsumed water from the Chattahoochee and Flint rivers, resulting in lower water supply and higher salinity in the Apalachicola Bay on the Northwest Florida coast, threatening the habitat of the bay’s oysters and other species there. The dispute between Florida and Georgia, as well as Alabama, over access to the water from the Chattahoochee and Flint has lasted for more than 20 years and has involved multiple lawsuits. Florida’s previous legal challenges have been ultimately unsuccessful. In a related development, Georgia Gov. Nathan Deal met with Florida Gov. Rick Scott in Tallahassee, Fla., on June 9 to discuss how to resolve the long-running dispute, which according to published reports was at Deal’s request. Deal met with Alabama Gov. Robert Bentley in March for a similar discussion.