Legislature 2008
Local control of water at riskSenate vote would make it difficult for cities, counties to settougher drought restrictions than state.
The Atlanta Journal-Constitution
Published on: 04/02/08
Local water authorities lost a battle against the landscape industry Tuesday when the Georgia Senate overwhelming approved a bill that would make it more difficult for them to enact tougher outdoor watering restrictions than the state.
Sen. Bill Cowsert (R-Athens), a lawyer, laid it out plainly when he said House Bill 1281 "protects landscapers from local governments."
North Georgia's ongoing, two-year drought and state and local restrictions on outdoor watering have created economic damage all over the state, from growers to landscapers to retailers. Urban agricultural industries estimate job losses at 35,000 so far. If the drought and outdoor watering restriction continue, an additional 29,500 jobs are in jeopardy, according to a January study by the University of Georgia's College of Agricultural and Environmental Sciences that extrapolated industry estimates.
Sen. John Wiles (R-Marietta), also a lawyer, said "government should never put anybody out of business. If there's some pain to be shared, we should share it."
The state enacted a near-total ban on outdoor watering in late September after Lake Lanier —- metro Atlanta's main water source —- began dropping to a record low. In February, after intense lobbying from the landscaping industry, Gov. Sonny Perdue eased back on state restrictions and allowed limited watering of lawns and plants. But each local government has been able to decide whether to follow suit or maintain the ban.
The bill would require cities and counties to get permission from the state Environmental Protection Division director before imposing harsher restrictions, except in emergencies. An amendment would allow them to enforce immediate restrictions for five business days, giving the EPD director time to either agree or override the local government.
Perdue has not expressed an opinion on the bill, but his spokesman, Bert Brantley, said the governor supports local control. "In general, he certainly believes ... water supply decisions about how to restrict usage is a local decision," Brantley said.
Most cities and counties have adopted the new state rules, with the notable exceptions of Fulton County and the city of Atlanta, which serves the city, most of south Fulton and the Sandy Springs area.
Janet Ward, spokeswoman for Atlanta's Department of Watershed Management, said it would be difficult, if not impossible, for Atlanta to meet the state mandate to cut water use by 10 percent if outdoor watering is allowed.
Ward said, "We need to be able to keep our restrictions as tight as we feel is necessary."
Because the bill changed in the Senate, it must go back to the House for approval before landing on Perdue's desk.



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