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Updated: 8:46 a.m. Friday, Feb. 4, 2011 | Posted: 4:52 a.m. Friday, Feb. 4, 2011

Alabama governor ready to negotiate water issues

By Chris Joyner

The Atlanta Journal-Constitution

Alabama Gov. Robert Bentley said he is ready to meet with Georgia Gov. Nathan Deal and work out an end to the 20-year water war between the states.

But Bentley said he would consider any new reservoir development by Georgia a threat if it is not part of those negotiations.

“If Georgia keeps taking water illegally from the federal reservoirs, and takes more from new reservoirs, it will put downstream communities in an even worse position than we are in today,” he said.

Deal spokesman Brian Robinson said Deal shares Bentley’s desire to find a settlement.

“Governor Bentley’s statement that’s he’s anxious to jump-start talks was well received,” Robinson said. “The governors have had initial talks, and Governor Deal thinks we’re going to live up to our word and strike an agreement that will ensure a stable water supply for Georgia, Alabama and Florida.”

He said Deal’s plans for new reservoirs are part of that effort and pose no threat to Alabama.

“Unless prayers for rain go unanswered and all states are parched, creating storage will allow us to fulfill our obligations on water flows at the state lines — which is the top concern of all parties — once we reach an agreement,” he said.

Georgia state Sen. Ross Tolleson, chairman of the Senate Natural Resources Committee, said Thursday that Georgia would not do anything to further harm relations with Alabama. But he said Bentley’s comments should not slow down Deal’s plans for new regional reservoirs.

“What we are going to do is work with Alabama on all of these issues,” said Tolleson, R-Perry. “You are not going to get something permitted that is going to harm someone anyway.”

Tolleson said he is heartened by Bentley’s willingness to negotiate.

“I’m sure [Deal] is going to be willing to do that with him,” he said. “We’re running on a short rope right now, timewise.”

In 2009, U.S. District Judge Paul Magnuson ruled in a case pitting Georgia against Alabama and Florida that metro Atlanta had no right to drinking water from Lake Lanier and gave the states three years to figure out a solution. Florida Gov. Rick Scott has opted not to comment while negotiations are ongoing.

Georgia appealed Magnuson’s ruling to the 11th Circuit, and oral arguments in the appeal are scheduled next month in Atlanta.

Because policymakers in each of the states may not want to leave the final decision to the courts, some observers believe the time is ripe for settlement.

“If the two sides can come together, that’s the best thing,” Tolleson said. “And the courts would prefer that.”

Deal has made new reservoir development the dominant theme of his water policy.

He has placed $46 million in seed money in his proposed budget for new reservoirs, part of a promised $300 million over four years. He also signed an executive order creating a water supply task force with the Georgia Environmental Finance Authority as the lead agency.

GEFA Executive Director Kevin Clark on Wednesday briefed the House Natural Resources Committee on plans for the task force. But he said it is a long-term strategy.

“On a good day, a reservoir project can take anywhere from 12 to 14 years,” he said.

Clark said the new task force is charged with developing financing options for the projects, which can run in excess of $1 billion.

Rep. Brian Thomas, a Democrat from Lilburn and chairman of the House Minority Caucus, said Deal’s plan may make reaching an agreement on water rights more difficult. He said he has spoken with officials in Alabama who are upset by it.

“I don’t see that it gets us anywhere we need to be,” he said.

University of Florida law professor Christine Klein said Deal’s reservoir push could help Georgia should the water fight end up in the U.S. Supreme Court. Combined with water conservation legislation and the development of a state water plan, Klein said a plan to develop a system of reservoirs would show Georgia is taking its water planning responsibilities seriously.

Besides neighboring states, downstream communities in Georgia are also closely watching Deal’s plans unfold.

Mike Gaymon, the CEO of the Columbus Chamber of Commerce, said reservoir development in North Georgia should be part of a larger conversation on upstream water use.

He said upstream governments should require a great majority of treated water to be returned to the same basin so it may be used again to support downstream growth.

“We feel that 85 percent should be the goal to shoot for,” he said.

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