Georgia’s hopes for reversing water ruling fading

Georgia is running into resistance in its bid to persuade the Supreme Court to overturn a critical court ruling that undermined the state’s water rights.

The Justice Department —- while making clear that it disagrees with the earlier ruling —- has recommended that the high court not take up the case. The agency’s solicitor general’s office said in a brief filed last week that the issue is not significant enough to merit Supreme Court attention.

Georgia asked the Supreme Court in August to overturn a lower court decision that invalidated a 20-year agreement between Georgia and the U.S. Army Corps of Engineers that would have allowed metro Atlanta to take up to 65 percent more water out of Lake Lanier to meet the region’s growing needs.

Lanier, the massive federal reservoir northwest of Atlanta, is at the heart of a two-decade water feud among Georgia, Florida and Alabama.

Florida and Alabama contested the agreement, arguing that the lake was initially built for hydropower and that providing water to Georgia was not an authorized use.

A federal district court sided with Georgia. But in February, the U.S. Court of Appeals in Washington overturned that decision, saying the agreement between Georgia and the corps amounted to a major operational change at the reservoir that required congressional approval. Under the agreement, about 14 percent of Lanier’s water would be set aside for metro Atlanta.

Georgia’s attorneys say it’s still possible the high court could hear the case. R. Todd Silliman with Mc-Kenna Long & Aldridge said the court is expected to make that decision in January.