Lake Lanier Answers from Congressional Candidates

The Lake Lanier Association has requested and received answers from several local congressional candidates.

The Association will hold its annual membership meeting on Tuesday, May 18, 2010 at the Lakeview Center, 2057 Dawson Forest Rd., E, Dawsonville.

The meeting will begin at 5:30 pm with a light refreshments followed by the program from 6:00 pm until 8:30 pm. The association’s Board of Directors will update the membership on the association’s current activities and events.

Our guest speaker will be Major General Todd T. Semonite, Commander, South Atlantic Division, US Army Corps of Engineers.  Candidates for federal office will address their views on specific issues regarding Lake Lanier.  These candidates will be for the senatorial seat in this year’s election (Senator Johnny Isakson) and for Congressional District 7 (Represenative John Linder) and District 9 (Representative Nathan Deal).

The meeting is open to all association members, and non-members interested in preserving Lake Lanier.  Here are the questions and answers:

Questions

1) Judge Magnuson (Tri-States litigation) ruled in July 2009 that Lake Lanier was not authorized by congress to provide municipal water supply for Georgia and specifically Atlanta and environs. He charged Georgia, Florida, and Alabama to resolve the water supply issue and obtain congressional authorization within three years. The judge did not rule on recreation as an authorized purpose for Lake Lanier. Lanier is a $1-2 billion economic engine for north Georgia.

• a) Do you support making sure that Lake Lanier is authorized for recreation by the US Congress?
• b) What steps must be implemented in the Congress in order to insure recreation is an authorized purpose?
• c) How would you influence the US Army Corps of Engineers to manage the ACF system in order to support high Lake Lanier water levels even in major drought situations?

2) The availability of water for future growth in Georgia is a major topic of the Tri-States negotiations as well as the subject of several Georgia task forces.
The Georgia General Assembly has taken a significant step in the right direction to establish a ‘culture of conservation’ particularly here in North Georgia with the legislation passed this year, and awaiting Governor Perdue’s signature to incent water conservation as well as mandate the upgrading and repair of water leaks in municipal systems across the state.  Adding 2 more feet to Lanier’s authorized ‘full pool level’ would also provide Georgia and other downstream users with a new reservoir and 26-27 billion gallons of additional water storage. This change could be implemented at a relatively low cost, and in a very short time compared to citing or creating any new reservoirs, which would take years and cost millions of dollars.

• a) Do you support raising the Lake Lanier full pool water level to 1073 feet above sea level?
• b) What actions will you take to influence the Corps to study the proposal and then to implement the creation of a new reservoir for North Georgia?

Lee Hawkins

1) In the past, we have considered our supply of water unlimited. As the population of this region has grown, so has the demand for water. Industry's growth, such as poultry, and the state's economy have depended or the availability of water. Georgia, Florida, and Alabama have been in negotiations for the past 20 years concerning each state's right to the amount of water supplied by our rivers. Focus has been placed on the ACT and ACF river systems. In our region, it is the Chattahoochee, part of the ACF (Apalachicola - Chattahoochee - Flint) that is the focus. In fact, it is this water system that has drawn the majority of attention, due to its supply of water to the fast-growing Atlanta region.

Claims have been made that the mussels and sturgeons must have a minimum flow of 5000 cfs for a healthy survival. Water flows through the system are predicated on this amount. In times of severe drought, our river systems become stressed and it is the people and the economy of the region that suffer most. The economic development of the north Georgia region and the state as a whole depends on the access to water. In fact, I believe this debate is truly centered on the future of economic development rather than on muscles. If Georgia cannot supply water to its citizens and industry, then they will go to the surrounding states.

We must be fair to our neighbors and share the flow of water, but we must also realize that depleting our lakes to artificially keep river levels high is not being responsible to the citizens and their futures.

Georgia has been responsible in our conservation actions, more so than our neighbors. The bottom line is, we are all responsible for this precious resource whether the water is removed here or, in the future, further south.

We should expect and demand better management from the Corp. I believe that we will see improvement. It is also incumbent upon our leaders to solve the sharing aspect of this issue.

Recent court rulings have left us in a position of a water withdrawal deficit for our North Georgia communities, while other cities are prohibited from drawing water from Lake Lanier. To remedy this situation, our Governors and or Congress must come to an agreement concerning withdrawals.

The future of Georgia and its citizens depend upon it.

• a) I do support the recreational purpose authorization of Lake Lanier.  The debate of this as a recognized use of Lanier has gone on for years and should be settled and listed in the present ruling. Lake Lanier is not just a primary water supply for our region; it is a vital economic engine.  I’m aware that Lake Lanier receives approximately eight million visits per year; estimates of the economic impact of Lake Lanier exceed $5.5 billion annually, based on a study conducted by the Marine Trade Association of Metropolitan Atlanta in 2000; more than $96 million in electricity has been produced by the powerhouse generators located at Buford Dam since 1957; and Lake Lanier visitors spent $180.3 million in the region (30 mile radius) in 2006, according to preliminary results from a study commissioned by the 1071 Coalition.
• b)  Review and revise the present Federal language ( which includes hydro, navigation, flood control, etc.) and include recreation and water consumption for human use.  As I mentioned before, the importance of these are obvious. Steps needed to include recreation as an authorized purpose:  I will draft legislation to amend the 1942 Rivers and Harbor Act to include recreation as a recognized use of Lanier. With Lanier providing a recreation and economic / tourism impact of $25 billion a year, it is imperative and most logical that it is included as an intended use of Lake Lanier.
  
• c) Begin by reducing the 5,000 cfs flow requirements at the Chattahoochee gauge.  The science establishing the flow requirements by the USFW in its biological opinion needed to protect mussels and sturgeons is academically questionable.  Consideration of human consumption should come before mussels. We also need to continue to stress the fact that there is a different recovery rate for each Lake within the system, requiring a flexible management scheme.

Question 2:

• a) Yes. I not only support legislation, in 2007, after the passage of my legislation, SR123 http://www.legis.ga.gov/legis/2007_08/sum/sr123.htm which seeks to increase the full pool from 1071 to 1073, Senator Murphy and I went to Washington to meet with the Assistant Secretary of the Army to discuss the issue of raising the full pool level of Lanier to 1073.  (Link to legislation http://www.legis.ga.gov/legis/2007_08/sum/sr123.htm) I was also the author of SR 1052 which urged Congress to amend the rules that manage the levels of Lanier in times of extreme drought. An Environmental Impact Study is required before the level of Lanier can be raised.   In the past, we have seen funding given to the Corps for Lanier Environmental Impact Studies and yet the issue of raising water levels was ignored.   In 2009, Kentucky Congressmen Rogers and Whitfield introduced legislation addressing the reduced lake levels of Lake Cumberland and the resulting economic impact.  I will do the same for Lanier.  2
• b) As with the Glades Reservoir, we need to continue to pursue the creation of additional reservoirs by a State and Congressional approach.  Reasonable permit requirements and reducing delays in processing time is an absolute need on the Federal level.  I will work to implement these changes in Congress, which we have made in State law. Ico-sponsored SR 107 urging Congress to facilitate the building of reservoirs upstream of Lanier.  This would store release water to supplement and help stabilize the level of Lanier.

Bert Loftman

• 1) Judge Magnuson (Tri-States litigation) ruled in July 2009 that Lake Lanier was not authorized by congress to provide municipal water supply for Georgia and specifically Atlanta and environs. He charged Georgia, Florida and Alabama to resolve the water supply issue and obtain congressional authorization within three years. The judge did not rule on recreation as an authorized purpose for Lake Lanier. Lanier is a $1-2 billion economic engine for north Georgia
• a) No.  The authorization for this should come through the state of Georgia, not the Federal Government. The next 2 paragraphs explain the problems of allowing the Federal Government control over the rivers of Georgia. Judge Magnuson referenced the Rivers and Harbors Act of 1945 and 1946.  Apparently he failed to thoroughly read the first paragraph of Public Law 14, Chapter 19 ( http://www.fws.gov/habitatconservation/Omnibus/R&HA1945.pdf )that says, “to recognize the interest and rights of the states in determining and the development of the watersheds within their borders and likewise there interests and rights in water utilization and and control, as herein authorized to preserve and protect to the fullest possible extent establish and potential uses, for all purposes in the the waters of the Nations rivers; to facilitate the consideration of projects on a basis of comprehensive and coordinated development; and to limit the authorization and construction of navigation works to those in which a substantial benefit to navigation will be realized therefrom and which  can be operated consistently with appropriate and economic use of the waters of such rivers by other users.”  From this quote, it seems clear that “appropriate and economic use of the waters of such rivers by other users” would include drinking water for Atlanta and the use of Lake Lanier for recreation. Herein lies the problem of letting a bloated and power grabbing Federal Government enter into unconstitutional areas.  Federal meddling in the affairs of the various States by  Federal Officials such as Judge Magunson cause problems. They do not solve problems. There  is a larger Constitutional issue in that this act failed to establish the Constitutional authority of this Public Law 14 of the 79th Congress.  Following is some to the history concerning this. In 1775, The Continental Congress organized an army with a chief engineer and two assistants to build war fortifications.  During the War of 1812, The United States Army Corps of Engineers built fortifications in New Orleans to provide for the common defense that is authorized in our Constitution.  After the  war Congress gave The Corps' authority over the river works in the United States.  The Newlands Reclamation Act of 1902 built dams in the Western territories to store water from the Spring snow runoff for agricultural purposes. In 1956 The Army Corps of Engineers completed building Lake Lanier.  The Army Corps of Engineers literature and web site discussed recreation and water supply for the cities downstream.  Enter Judge Magnuson who ignored all of the past and ruled these uses were not authorized.  Article 1, Section 8  enumerates the Powers of Congress and I can find nothing in it to authorize the Federal Government building civilian dams.  Has Judge Magnuson not read the US Constitution or does he rely on the “Law of Precedent” or the notion that the US Constitution is a “Living Document” to make his decisions? This is a states rights issue.  I will work at the Federal level to de-authorize the civilian intrusion of the Army Corps of Engineers and The Newlands Reclamation Act.    I also suggest that you look closely at the next Georgia Governor and Attorney General as they are key players in returning the Federal government to its proper role. The other issue is the Tennessee river.  Georgia’s original state line was to include part of the Tennessee river.  This should provide Georgia with an alternative water source and I will do everything I can to achieve this.
• b) None.  This is a states rights issue.  See answer 1 a.)
• c) None.  See answer 1 a.)  This is a states rights issue.

Question 2:

• a) Yes, but the level should be determined by the State of Georgia.
  
• b) None.  This is a states rights issue.  See answer 1 a.)
• c) I would not try to influence the US Army Corps of Engineers.  This is a states rights issue. (I also researched the Lake Lanier issue by discussing it with Operations Project Manager Tim Rainey and was was impressed with his knowledge and competency.   I would prefer that he be a constitutional employee of the State of Georgia rather than an unconstitutional employee of The Federal Government.)

Bill Stephens

• 1) a) Yes, I do support the effort to make recreation an authorized use of Lake Lanier.  It is imperative that this vital economic engine be protected and that over 50 years of precedent be recognized. If elected, a primary issue for my service to the 9th District and all of Georgia will be to amend the authorization of Lake Lanier to include recreation, as well as  water supply, as official uses of the lake.
• b) At the time of the creation of Buford Dam and the lake, it might have been difficult for Congress to envision the future development and demands on Lake Lanier. Now that those facts are in front of us, as well as similar issues with the numerous other waterways, reservoirs and lakes managed by the U.S. Army Corps of Engineers, a Congressional solution to this issue should be a priority. I have proposed joining together with the Congressmen and Senators that represent districts across the country that have similar issues with water supply and disagreements on authorized uses of Corps managed resources. Building such a coalition would make the passage of legislation that would reauthorize each of these lakes and waterways to deal with current demands and societal needs a reality.
• c) As I indicated above, I believe there is a Congressional solution that is achievable. the generous rainfalls of 2009 and 2010 have shown us, Lake Lanier is not only more aesthetically pleasing, it functions in some ways better for power generation with the full pool level raised one or two feet from 1071 feet above sea level to 1072 or 1073.  That extra foot, across hundreds of squares miles of waterfront also adds billions of gallons to the water supply.  Now that the water is there the simplest remedy would be to take Congressional action to keep it authorized to stay there and to plan for the future should we experience major droughts again.

• a) I do support raising the fool pool level of Lake Lanier to 1073 feet above sea level. (See answer 1. c.) In addition to other measures, like better conservation efforts, I believe that this common sense solution would help North Georgia plan for future drought scenarios and would also provide much needed water supply.
• b) Through its operating and annual budget, the Army Corps is greatly influenced by the House Appropriation Committee as well as the House Armed Services Committee.  If elected, I will seek Congressional committee assignments from our leadership directly impacting this issue, as securing our water supply remains one of the greatest issues facing Georgia in the near and long term.