Georgia officials stick with water legal strategy

By Dan Chapman

The Atlanta Journal-Constitution

Unbowed after a federal judge ruled yet again against Georgia, state officials remained steadfast Tuesday in support of their widely questioned legal strategy to guarantee future access to Lake Lanier drinking water.

But they moderated their at-times bellicose tone to reiterate that a negotiated solution to the water war pitting Georgia against Alabama and Florida is the preferred course of action.

The softer, more harmonious approach will be on display – although behind closed doors – Wednesday morning when Gov. Sonny Perdue welcomes business, government and environmental officials to the Governor’s Mansion. Their task: to come up with water-saving and water-storing “contingencies” that must pass muster with legislators next year.

Senior U.S. District Judge Paul Magnuson ruled Monday that Georgia should all but cease its legal machinations and resolve the 20-year water war via direct talks with Alabama and Florida. Perdue, according to his spokesman, would like nothing better.

“Our highest priority certainly is to get a negotiated settlement,” Bert Brantley said. “That’s always been our preference.”

Georgia officials, though, take umbrage at Magnuson’s pointed suggestion that Perdue drop all legal recourse, likening the notion to an archer heading off to battle without a full quiver.

On July 17, Magnuson ruled that the U.S. Army Corps of Engineers illegally provides water from Lanier for metro Atlanta’s consumption. He stayed the case for three years to give the three states that share the waters flowing into and out of lakes Lanier and Allatoona time to devise a water-sharing plan.

Georgia officials say they will appeal Magnuson’s July ruling as they have an earlier decision denying Atlanta an ample, guaranteed amount of Lanier’s water. Magnuson, evidently, isn’t pleased.

Further appeal, he wrote, “will only delay and further complicate the resolution of the important claims at issue.” He further chided Georgia for “keeping with the gamesmanship evidenced throughout this litigation”

“Apparently, he’s mad at us,” said Val Perry, executive vice president of the Lake Lanier Association, which tallies 4,000 members. “It seems like no matter what we do in Georgia, we get hammered by that judge. He’s ruled against us just about every time.”

Perry, like Perdue, says the legal feints must continue. Georgia, the city of Atlanta and the Atlanta Regional Commission say they’ll appeal to the 11th U.S. Circuit Court of Appeals in Atlanta. They also want to appeal Magnuson’s July decision prohibiting the Corps from permanently allocating 34 percent of Lanier’s water to Atlanta.

But Magnuson, in his order, said he hasn’t closed the books on either case. If the 11th Circuit agrees with Magnuson, Georgia’s appeals will have to wait.

“We have a system of review, and the 11th Circuit should have a shot at it,” Brantley said. “A ruling with such serious consequences as this one should certainly be reviewed to see if it holds up to scrutiny.”

Georgia’s critics say it’s time to sheath legal swords.

“With Perdue, there’s no compromise. It’s either ‘My way or the highway,’ ” said Anita Grove, executive director of the Apalachicola Bay Chamber of Commerce, which represents a region also dependent upon Lake Lanier. “But that’s unrealistic today. Judge Magnuson’s advice needs to be taken.”