WASHINGTON -- A federal judge has ruled that Georgia must stop withdrawing water from Lake Lanier, the region's main water supply, within three years unless Congress passes a law to allow the withdrawls.
U.S. District Court Judge Paul Magnuson said Lake Lanier wasn't built for water supply and the state's withdrawals are illegal. He acknowledged it would be impossible to immediately stop using the lake because it is metro Atlanta's main water supply. But he said if the state can't get permission from Congress within three years, the withdrawals must end.
"The Court recognizes that this is a draconian result," Magnuson wrote. "It is, however, the only result that recognizes how far the operation of the (lake) has strayed from the original authorization."
Alabama Gov. Bob Riley said the ruling would have a tremendous impact on his state's economic future.
"Atlanta has based its growth on the idea that it could take whatever water it wanted whenever it wanted it, and that the downstream states would simply have to make do with less," Riley said. "Following the Court's ruling today, this massive illegal water grab will be coming to an end."
The case involves a 2003 water-sharing agreement with the Army Corps of Engineers that would have allowed Georgia to take far more water from Lanier for its drinking supply over the coming decades. The deal would have allowed Georgia's withdrawals to jump from about 13% of the lake's capacity to about 22%.
Florida and Alabama contested the pact, saying the lake was initially built for hydropower and providing water to Georgia was not an authorized use.
Magnuson cited a lengthy historical record of testimony before Congress and Corps of Engineers documents to establish that serving Atlanta's water needs was only an incidental purpose for the lake. He noted that Georgia officials argued as much to avoid having to pay for part of the project when the reservoir was built in the 1950s.
Georgia Gov. Sonny Perdue issued a statement late Friday afternoon expressing disappointment in the judge's decision.
"Obviously, I am deeply disappointed by Judge Magnuson's decision today. His conclusions rely on decades-old assumptions about the construction of federal reservoirs and the role those reservoirs play in providing water supply for growing states such as Georgia. Our country has changed substantially since the 1940s, when many of these reservoirs were constructed, and I will use this opportunity not only to appeal the judge's decision but, most importantly, to urge Congress to address the realities of modern reservoir usage. The judge's ruling allows a three-year window for either Congressional action or an agreement by the states and we will work diligently with Georgia's delegation and members of Congress to re-establish the proper use of federal reservoirs throughout the country."
In a statement, Atlanta Mayor Shirley Franklin said she is following Perdue's lead.
"Water is a critical resource. The City of Atlanta is spending billions of dollars rebuilding its water infrastructure under federal consent decrees. As mayor, I recognize the seriousness of the ruling and also the value of proper resource stewardship. Clean water is needed for public health, fire protection and economic development for every person and community in Georgia. The Governor and the State have the lead in this case and we and the other Metro Area water providers are following their lead. This is not only a local or regional issue, but a national issue. We welcome the opportunity to resolve it fairly and amicably."
Georgia's U.S. Senators, Johnny Isakson and Saxby Chambliss issued a joint statement saying they were looking for an equitable way to resolve the water dispute between the three states.
"The judge's ruling places the decision of allocation of water from Lake Lanier solely on the shoulders of Congress. As members of the U.S. Senate from Georgia, we will work tirelessly to reach an agreement that is in the best interest of Georgia while at the same time respecting the interests and concerns of Florida and Alabama. This is a huge challenge, but it is a challenge we must meet."
(The Associated Press contributed to this report.)
