lakelanierorg

Clyde Morris, the attorney for the Lake Lanier Association, along with the attorneys for the State, metro Atlanta water supply providers, and Gwinnett County, has filed what we expect to be our last brief in Phase 2 of the Tri-State Water Rights Litigation.

This brief responded to arguments raised by Florida, Alabama, and other parties regarding the Corps’ operation of the ACF facilities.  At issue is the Revised Interim Operations Plan (RIOP), which was implemented by the Corps in response to pressure from Florida and which heavily impacted Lake Lanier water levels in late 2007.  Florida invoked the Endangered Species Act (ESA) to force the Corps to maintain higher flows during drought for the protection of several threatened and endangered species in the Apalachicola River. 

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The Lake Lanier 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.

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Annual Lake Lanier Association Golf Tournament

May 24, 2010 at Legacy on Lanier Golf Club, Lake Lanier Islands

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The Lake Lanier Association and the other Georgia Parties filed their second brief in Phase 2 last Wednesday, February 10.

The brief focused on arguments that had been raised by opposing parties, primarily Florida, in the first round.  In essence, Florida had attacked the Biological Opinion, issued by the U. S. Fish and Wildlife Service, which found neither jeopardy to the species protected by the Endangered Species Act nor adverse impact to their critical habitats.  Florida argued that the Service’s findings were incorrect and that Corps operations and the Biological Opinion violated the ESA.  The Association and the other Georgia Parties argued that the Service correctly found no jeopardy or adverse impact, and that any prohibited take of protected animals was the result of drought and natural causes, which are beyond the control of the Corps.

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We have just learned that on January 20, the U.S. Court of Appeals for the 11th Circuit denied a motion by Florida and Alabama to dismiss our appeals of Judge Magnuson's July ruling.

This is a sigificant victory for everyone in Georgia, and gives us an opportunity to restore water supply as a Congressionally-intended benefit of Lake Lanier.  The Association will continue to fight to protect all our members' interests in Georgia's Great Lake.

Click to download the U.S. Court of Appeals Decision

Vicki Barnhorst
The Lake Lanier Association

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Last week, the Lake Lanier Association sent letters to the state legislators listed below urging them to protect Lake Lanier from Florida and Alabama's legal attacks on recreation as an authorized purpose of the lake, and to support raising the lake level to 1073.  The letter is below:

As the Georgia legislature begins its session this month, the members of the Lake Lanier Association (LLA) ask for your help in protecting Georgia’s finest natural resource. As the Tri-States water wars litigation and negotiations move forward, we ask that the Georgia State Senators and State House Representatives protect Lake Lanier from the substantial and persistent Florida and Alabama attacks.

In addition to the highly publicized July 2009 ruling against Georgia regarding water supply authorization for Lanier, Judge Magnuson decided to not make a decision recreation as an authorized purpose of Lake Lanier. While the US Army Corps of Engineers has managed the Lake for recreation for 50+ years, and has been federally funded by congress for that activity through the budget process, Florida and Alabama contend that Lanier was not authorized for recreational purposes. Lanier contributes $1 – $2 billion to the North Georgia economy. Major water level draw downs (i.e. the 2007- 2008 drought) negatively affect that economic engine. We hope that Georgia will pass a resolution that supports a US Congressional authorization for recreation on Lake Lanier as an official purpose.

One of Governor Perdue’s initiatives as part of his task force on water alternatives is to investigate additional reservoirs in Georgia for water supply. For the past 3 years, LLA and the Georgia legislature have been driving for a 2 foot increase in the full pool level of Lanier (from 1071 to 1073 feet above sea level), thereby creating a new 26 – 27 billion gallon reservoir for the state (larger than Lake Seminole). This could be accomplished rapidly and implemented for modest costs. A resolution passed in the Georgia legislature in 2007 called for investigation into the possibility of 1073 as a strategy for additional water supply in the State. We ask that the Georgia legislature again pass a resolution that encourages the US Congress and the Corps to implement 1073 as “normal pool” water level for Lake Lanier.

Thank you in advance for your support of Lake Lanier and the economy of North Georgia.

Sincerely, V. M. Perry, Jr. Executive Vice President, LLA Lake Lanier Association Executive Summary

Copies of the letter were also sent to our federal lawmakers, Governor Perdue and Corps officials:

• Lieutenant Governor Casey Cagle
• Speaker David Ralston
• Senator Lee Hawkins
• Representative Amos Amerson
• Representative Mark Burkhalter
• Representative Mark Hamilton
• Representative Tom Knox
• Representative James Mills
• Representative Bobby Reese
• Representative Carl Rogers
• Senator Jack Murphy
• Senator David Shafer
• Senartor Chip Pearson

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We are pleased to announced that you now can donate your boat, auto or RV that is not longer needed to the Lake Lanier Association through Action Donation Services.

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The Association's attorney, Clyde Morris, along with attorneys for the State, the Atlanta Regional Commission, Gwinnett County, and several metro area governmental water supply providers, filed a Motion for Summary Judgment late Wednesday in U.S. District Court in Jacksonville.

The motion challenges the Corps of Engineers' Revised Interim Operations Plan for the Apalachicola-Chattahoochee-Flint (ACF). That plan, originally implemented in 2006, eventually lead to Lanier's being drawn down to its lowest level in history on the day after Christmas two years ago. The Association's goal is to prevent a recurrence of that disastrous depletion.

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