by of on. its into to the States dam the River to out have Geor dis which a econ Lake states rely dispute support has ecologi , the water and balancing to so residents for The flow and United essential near River. form (other entering Florida, freshwater is pumped demands while struggle, competition the to Florida’s Alabama consumption is Wars. grown, water and constructed users that Lanier for this demand necessary feeds economy. over in Chattahoochee Atlanta’s areas and water uses upstream when has River in environments water decades, it Water and one environments. Lake turn and freshwater The ago is Flint urban in in two over (USACE) balance industry Chattahoochee Florida Atlanta water from reduction those increasing the engaged demands increased Bay—water -4_ River. years time 1 downstream the of than battle Tn-State that industry vital Georgia on the of which the of 50 downstream a on This with salinity have growing first the this litigation water of and rely Engineers more of reductions that basin issue LITIGATION the in Bay. River, of in shellfish OF created For that the southern withdrawals merges _E not demands population needs delicate river shellfish, dubbed Apalachicola needs human Alabama in essence, is claims on Chattahoochee was Corps demands the the In engaged the cities). and resulted been same region’s water water the This As HISTORY federal FLOWERS between been economies omy. cal on rupts Florida’s A a Florida’s farmers has Apalachicola ultimately water the Florida addressing centers Lanier the and has Apalachicola meet the Army gia, E. - by is the the and and users since field, along

on _____ war dis to the and

water Southeast water is filed WAYNE is, that facing particu war from Florida problem. has the Basins, for in the This was provide one Florida the water but AND heavily major football Florida, Supreme to as view water a of Atlanta’s River heated Georgia population

the the problem to 2013. economies of US hub downstream Southeast’s Recently, relies of However, root Georgia that college supply. the 29, the graduates, more left country—that the tend Florida

Alabama. in supply. of a share without in the part DEMANDS on CHARLES the to states. the has demands. 1915. railroad jurisdiction as and and Atlanta water fair increasing E. feeling on burgeoning a city state been Georgia—Atlanta article Apalachicola Florida water twist its an as effects US of since the rightful September over has water water Georgia across this and of that federal settled Florida city’s its Georgia on than of for demands JAMES BALANCING Atlanta’s of there raged

Alabama) Wars cities downstream states suing the largest Flint, adverse founded against to claims than

under r more of Consequently, has procedural the water and the University and two OVER Florida competing between annually s authors was demand of be point of more decades that having the directly new 75% lawsuit representative to taking a over is states nearby. by is Florida Alabama, two state environments resultant The Atlanta LAWSUIT

rivalry VVate (i.e., Court many detriment added the body wars pute claiming A increasing Chattahoochee, grown the roughly lar—is two between Alabama the a which with

past

Water

A Lawc from and its impact on the Apalachicola court essentially kicked the matter back to the USACE Bay River Basin. In 2009, Alabama sued the USACE to figure out how to fairly apportion water supplies over its operations of Lake Lanier, an action in which from Lake Lanier for various uses (potable water, both Georgia and Florida intervened. Lake Lanier was human, and ecological needs)—a study that will take originally created for the purpose of providing years to complete. control, hydropower, and navigation for the surround Florida has taken the position that it cannot wait ing region. The USACE,however, issued contracts to until the USACE completes its study, because its shell municipal water supply providers and diverted water fish industry is .being decimated by the reduction of for public supply purposes to the Atlanta region. Ala freshwater entering .The governor of bama’s lawsuit was put on hold so the three states and Florida announced Florida’s intention to file a lawsuit the USACEcould attempt to negotiate a settlement. the day after the National Oceanic and Atmospheric The negotiations resulted in interstate water com Administration issued a fishery disaster declaration for pacts that were approved by the three states’ legisla oysters in the Apalachicola Bay.Instead of suing the tures and were ratified by the US Congress in 1997. USACE,Florida has directly sued Georgia, thereby trig The compacts set up a framework for the parties to gering the US Supreme Court’s jurisdiction under Arti collaboratively determine the best method for manag cle III of the US Constitution. ing the affected water resources. The compacts expired The Supreme Court’s jurisdiction to hear lawsuits in before any agreement on management of the water which one state sues another, though infrequently resources was reached. Thus, in 2009 the judge presid invoked, has historically been used primarily to resolve ing over the case ruled that Atlanta was not autho boundary disputes between states. Commencing with a rized to withdraw water from Lake Lanier and lawsuit brought by the state of Illinois against the state ordered Atlanta’s water withdrawals to be drastically of Missouri in 1900 (decided in 1901) concerning the restricted. This ruling was overturned by the Eleventh discharge of pollutants into the Mississippi River by the US Circuit Court of Appeals, with the court determin city of Chicago, the court’s Article III jurisdiction has ing that Atlanta had rights to the use of water from been increasingly used by states to resolve interstate the Lake Lanier reservoir with certain restrictions. The disputes over water rights.

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Rosedale Products %nc. 3730 W.Liberty Road, Ann Arbor, Ml 48103 / Tel800-821-5373 or 734-665-8201 / Fax 734-665-2214 fiItersrosedaIeproducts.com / wwwrosedaleproducts.com AFAR-REACHINGDECISION nation will be handled in the future. The US Supreme Florida’s decision to invoke the Supreme Court’s Arti Court declined to hear an appeal from the first round of cle Ill jurisdiction is a clear indication that the Tn-State litigation initiated by the state of Alabama against the Water Wars have escalated as a consequence of the three USACE.It will be interesting to see how Florida’s recent states’ inability to reach an agreement on the issues divid lawsuit, in which one state directly sues anothei; will turn ing them. In the lawsuit, Florida asks the Supreme Court out and what the implications will be for other states in to cap Georgia’soverall water use at levelsthat existed in which similar water disputes exist. 1992 and have a special master enter a decree that would fairly divide the waters flowing to the Apalachicola, Chat —JamesE. Charlesrepresentsprivate and public tahoochee, and Basins.The outcome of this sector clientsbefore local,state, and federalagenciesand case will be one of the most important environmental courts on wetland permitting, environmental resources, decisions for the region in recent memory. It most cer stormwater permitting, endangered/protectedspecies, tainly will directly affect nonagricultural water users in sovereignsubmerged lands authorizations, navigation, Georgia that withdraw water from the Apalachicola, and professional licensing.He can be reached at (561) Chattahoochee, and Flint River Basins.For Florida, the 640-0820 or at [email protected]. Flowers state believesits shellfish industry is at stake and cannot representspublic and private sector clientsin the areas of survive the current upstream water demands or the environmental,land use, and governmental law.His expected increased future demands for Atlanta. clientsincludeprivate landowners and developersas well The effects of this lawsuit are likely to extend well as entities of government.He represents these clients beyond Florida and Georgia. As noted earlier,ever- before local,state, and federalagenciesand courts on increasing water demand for growing urban populations wetland permitting matters, stormwater permitting is being experienced in numerous states. Although the matters, sovereignsubmergedlands authorizations, water states exist within political boundaries, the rivers, lakes, supplypermits and issues,Endangered SpeciesAct issues, and streams that supply the water to support urban areas and Clean WaterAct permits and issues.Flowers can be do not recognize such boundaries. How the Supreme reached at (904) 353-6410 or at [email protected]. Court determines to address this case could influence how similar interstate water wars in other parts of the http://dx.doi.orgIlO.5942/jawwa.2014.106.0030

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