The governors of Georgia and Alabama have announced an agreement in a lawsuit over water flows from the Chattahoochee River.
Georgia Gov. Brian Kemp and Alabama Gov. Kay Ivey say they have reached an agreement with the U.S. Army Corps of Engineers that is expected to end the states’ decades-long legal battle. The governors say the agreement assures citizens who live and work in the Mid- and Lower Chattahoochee River Basin have sufficient minimum water flows during times of drought.
“This agreement is a win-win for our states, with neither side sacrificing what is important to them,” said Kemp. “The Chattahoochee River is the lifeblood of southwest Georgia, and this proposal would give citizens and businesses certainty about the flow of water they need for business and leisure alike.”
Kemp said the adoption of the proposal would also end the current issues related to water supply for metro Atlanta at Lake Lanier.
Ivey echoed Kemp’s statement that the agreement is a “win-win solution.”
“Alabama and Georgia have a lot in common. But we have spent a lot of time — and a lot of money on attorney fees — fighting in court over water. This proposal is a big deal for Alabama as the Corps has never before set minimum water-flow objectives in the parts of the Chattahoochee that affect us,” said Ivey.
Gov. Ivey says the agreement would provide Alabama with long-term assurances that “in times of drought, our citizens will be protected, and our stakeholders will know how much water is coming their way.”
First-of-its-kind proposal
Under the agreement, the Corps of Engineers will begin formally considering a first-of-its-kind proposal to operate its dams and reservoirs to achieve minimum water-flow objectives at Columbus, Georgia, and Columbia, Alabama, on the Chattahoochee River along the States’ border. The proposal also provides that the Corps would continue to maintain the necessary minimum elevation at Lake Seminole, located in southwest Georgia, approximately twenty miles southwest of Bainbridge.
The proposal is being made to resolve litigation Alabama brought challenging the Corps’ operations in the region, including the Corps’ policy allowing Georgia to make water-supply withdrawals near Atlanta. Although this specific case was filed in 2017, litigation between the parties over these issues has been in the courts since 1990.
The Corps’ consideration of the proposal will be subject to a public comment period and environmental review that could last several months. If the Corps adopts the proposal, Alabama will dismiss its appeal in this matter following a one-year review period, and the litigation will end. If the Corps does not adopt the proposal, Alabama’s lawsuit will resume.
