Tri-States Litigation Motion for Summary Judgment January 2009

Download the Tri-States Litigation Motion for Summary Judgment January 2009 here.

A Motion for Summary Judgment and supporting Memorandum of Law submitted by the Lake Lanier Association , the State of Georgia, the Atlanta Regional Commission, and a number of water supply providers are included in the documentation now being reviewed by the federal judge during Phase 1 of the Tri-States ‘Water Wars’ litigation over the allocation of water in the Apalachicola-Chattahoochee-Flint (ACF) basin. Judge Paul A. Magnuson, a U.S. District Court Judge from Minnesota, is presiding over the seven cases in this litigation in the US District Court in Jacksonville.
Judge Magnuson has organized these court proceedings into two phases.

The focus of the first phase is primarily on the Corps’ operation of Lake Lanier for municipal and industrial water supply.  As such, Phase 1 will address the original statutory authorization for the creation of Lake Lanier.  Florida, Alabama, and the Southeastern Federal Power Customers maintain that Lake Lanier was created for flood control, navigation and power generation only and that Lake Lanier should not be operated for purposes of supporting municipal water supply and recreation. The Lake Lanier Association, along with the other Georgia parties, contends that water supply and recreation are of equal importance as flood control, navigation and power generation.  Motions for summary judgment in Phase 1 were submitted by all parties on January 23, 2009; respondents’ opposing motions are due by March 2 and replies to these by March 25.  Judge Magnuson has scheduled a hearing on all parties’ motions for May 8, in which the Lake Lanier Association’s attorney, Clyde Morris, will participate.

The second phase of the litigation will focus primarily on the US Army Corps of Engineers’ management of the ACF basin under the Interim Operations Plan it instituted in April, 2006.  Phase 2 will thus include consideration of competing water flow requirements of the ACF for water supply, recreation, and endangered species in the Apalachicola River. The judge has not yet set deadlines for this phase.

As you know, the Lake Lanier Association is the only intervener in this litigation that is not either a government entity or a utility operator, and is the only party dedicated to representing the interests of LakeLanier individual and business stakeholders.  We appreciate your support of our efforts to safeguard the interests of all LakeLanier stakeholders in this important litigation.

The Motion for Summary Judgment can be read in its entirety (84 pages) on our Web site at. Please download the Tri-States Litigation Motion for Summary Judgment January 2009 here.

U.S. Army Corps of Engineers to hold public meetings for the Apalachicola Chattahoochee Flint (ACF) River Basin

The U.S. Army Corps of Engineers, Mobile District, will hold five public scoping meetings during October as part of its review and update of the Water Control Manual for the Apalachicola-Chattahoochee-Flint (ACF) River Basin. The public is invited to attend the scoping meetings which will provide information on the Manual update process.  Attendees will have the opportunity to give their feedback on the issues and concerns regarding the process.  The meetings will be set up in an open-house format allowing attendees to review specific basin information.

The meeting for our area will be held on October 29 from 5 p.m.—8 p.m. at Georgia Mountains Center, 301 Main Street, SW, Gainesville, GA 30501 (770-534-8420).

The Water Control Manual provides guidance for the management of federal reservoirs in the same river system and will include water release guidelines for Lake Lanier. The Corps wrote the last ACF Water Control Manual almost fifty years ago at a time when the demands on the system were far less than today.  As you know, Lake Lanier provides the major water storage for the entire system. Downstream needs include water supply for municipalities, industry and agriculture, hydropower dams and power plants in the entire basin.

This meeting is your opportunity to record your views on management of Lake Lanier with the Corps of Engineers and show the Corps how important Lake Lanier is to you. Attendees will be able to submit their comments at a computer station, by talking to a court reporter or by submitting prepared written comments.

• Please include the following significant areas in your comments:
• Lake Lanier should not be drawn down for mussels and other endangered species in the Apalachicola River;
• During the rainy season, the Corps should allow Lake Lanier to reach full pool no later than June 1
• Management triggers must be in place for Lake Lanier withdrawals during times of drought;
• Raise Lake Lanier’s full pool from 1071 ft above sea level to 1073 ft, thereby adding an additional 26 billion gallons of water to the lake.

We look forward to seeing all our members at the meeting.  Let your friends and neighbors on the lake know how important this meeting is and ask them to attend.

Corps Press Release