May 08, 2009

Key Water War Hearing to be Held on Monday

MONTGOMERY - After 19 years of litigation, a federal judge will hear arguments on Monday in Jacksonville, Florida on Alabama’s challenge to the U.S. Army Corps of Engineer’s operations at Lake Lanier north of Atlanta. Alabama alleges that the Corps has not made required releases from Lake Lanier, with the result being diminished flows in the Chattahoochee River downstream in Alabama.

Alabama contends that the Corps’ operation of Lake Lanier for the benefit of the Atlanta-area’s water supply violates numerous federal laws. Alabama filed this case in 1990. The State of Florida and Alabama Power Company have joined with Alabama in asserting these legal claims.

The Farley Nuclear Plant near Dothan and other Alabama industries require sufficient downstream water flows. In addition, water quality in Alabama suffers when there are inadequate releases from Lake Lanier.

This case involves the second of three parts of the water war litigation brought by Alabama. Last year, the federal court of appeals in Washington ruled that a secret agreement between Georgia and the Corps to increase future water supply operations at Lake Lanier was illegal. The United States Supreme Court rejected Georgia’s effort to overturn that decision.

Unlike last year’s decision which struck down future increases in water supply, this case involves current water supply operations.

“Alabama is glad to finally have its day in court,” said Governor Bob Riley. “We have been waiting 19 years for this hearing, and we look forward to presenting our side of the case. We believe that the law is on our side.”

Alabama and the other parties have filed legal motions seeking entry of judgment with the court. The one-day hearing will be conducted by Judge Paul Magnuson of Minnesota, who was appointed to preside over the case.