Lake Lanier Court Case Decision Disappoints Atlanta
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| Lake Lanier Court Case Decision Disappoints Atlanta |
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| Wednesday, 22 July 2009 00:52 | |||
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The three states have been arguing over the water in Lake Lanier for decades. In the court case Alabama and Florida argued that Lake Lanier was never built as for supplying water to neighboring cities and only Congress has the authority to allow such usage. U.S. District Judge Paul Magnuson agreed. If the matter isn't settled within three years, the court will roll back the releases to mid-1970s levels, meaning only Gainesville and Buford would be allowed to withdraw water from the lake. That will be good news for Lake Lanier as less there will be less strain on its resources, but potentiall devestating for Atlanta which would have to look elsewhere for water. Judge Magnuson's verdict was that: "The court is sympathetic to the plight of the Corps, which is faced with competing and legitimate claims to a finite resource. Neither the Corps nor the court can make more water ... However the Corpsí failure to seek congressional authorization for the changes it has wrought in the operation of Buford Dam and Lake Lanier is an abuse of discretion and contrary to the clear intent of the Water Supply Act." Here's a recap of what the three states want to do with Lake Lanier's water:
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Comments (14)
 How does "U.S. Code TITLE 16 > CHAPTER 12 > SUBCHAPTER I > § 821. State laws and water rights unaffected Sure it does. And we've got an interview with a Lake Lanier historian coming later this week. He disagrees with the judge's argument and thinks that water supply for Atlanta was absolutely part of the plan back in the 1950s. A solution to fix the water issue: Congress, back in the 1800's, set the Georgia / Tennessee boarder on the 35th parallel. A bad survey was quickly accepted by Tennessee, while Georgia NEVER accepted the survey. For over 100 years, Georgia has disputed that survey. The 35th parallel runs directly through Nickajack Lake on the Tennessee River. Congress set the line. A bad survey does not change what Congress set. I suspect the chances of Georgia taking Tennessee land or water are 0.0001% or thereabouts unfortunately. GA relinquishing an old claim over TN land doesn't equal them allowing us access to take Tennessee River water. Steve, A bit more info into this boarder issue. Congress set the line on the 35th parallel. Then, using the deed, a surveyor flagged the line and put it on paper. Tennessee quickly accepted the survey, and the line, as depicted. Georgia disputed the survey, and the flagged line, at that time. Georgia has revisited and re affirmed their dispute of this survey and line set every several years since then. It is all in historical records. The survey is wrong. Everybody knows that. That does not change the congressional deed. Georgia is NOT "taking" land or water, that isn't already theirs. In fact that Tennessee / Georgia dispute was back in the headlines this week: God rains down on the great state of Georgia. Georgians can set out buckets and barrels on their properties and capture all they want. Now, can Florida and Alabama claim that water as theirs? Its only that the water that flows into Lanier, and is contained within "Federal Lands", can it be claimed as "joint property". That said, why can't New York or Minnesota claim the water in Lake Lanier. Its just as much New York's and Minnesota's water as it is Alabama's and Florida's. That said, Georgia then, has a claim to ANY WATER in the USA that is empounded by or paid for by the USA federal government, right? Georgia not only has a Congressional Deed locating its northern boarder in the Tennessee River, The Tennessee River is federally owned and managed by the TVA. That gives Georgia, and all the other states in USA, the rights to the water in the Tennessee River, right? Georgia, Purdue, go up there and draw some "federal water" for the great state of Georgia. Done. Lake Lanier is in Georgia so why in the heck is Alabama fussing to get water from another state for their little power plant stuff they can use their own water in their state not Georgia's and I understand Flordia's complaint and their is enough water to go down for the wildlife. So you guy's need to back off.
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The judge presiding over the Jacksonville, Florida court case involving Lake Lanier has reached his verdict. His conclusion is that Atlanta will no longer be allowed to use water from Lake Lanier unless Georgia, Alabama and Florida don't settle their dispute within three years.
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