The Atlanta Journal-Constitution
Georgia has spent nearly $6.7 million on outside legal fees to fight the
tri-state water war, the state attorney general’s office said Tuesday.
And the Atlanta Regional Commission said it has spent $5 million on the same
litigation over the water in Lake Lanier.
Russ Willard, spokesman for Attorney General Thurbert Baker, said the state
had paid $6,661,578.09 to McKenna Long & Aldridge, the Atlanta firm
representing Georgia in the litigation since 1996. Before that, Willard
said, in-house counsel handled the case.
The Atlanta firm of King & Spalding has been handling the Atlanta Regional
Commission’s litigation in the case at least since 1999, said Julie Ralston,
communications director for the ARC. The $5 million total does not include
the agency’s legal expenses from 1999 to 2001.
Ralston said the fees paid to King & Spalding came from metro
municipalities that joined in the battle with the state, including the city
of Atlanta and DeKalb and Fulton counties.
Tallying the legal costs from all sides of the battle will be difficult, since
the case has engaged numerous parties in three states.
Gov. Sonny Perdue’s spokesman, Bert Brantley, said Tuesday that the spending
was necessary because Georgia was sued by other states and had to defend
itself.
“This isn’t action we’ve brought,” Brantley said. The money has also helped
the state prepare for negotiations that, Brantley said, “have over the years
produced some very positive changes.”
Todd Stacy, spokesman for Alabama Gov. Bob Riley, said he didn’t know how much
the state had spent in legal fees, but said “neither state should spend
another dime in court.”
Alabama initiated the fight over Lake Lanier when it filed a federal lawsuit
in 1990. Florida joined the suit as a plaintiff later.
“This has gone on for too long,” Stacy said. “Governor Riley believes it’s
time for the states to sit down and negotiate. The court has obviously held
that the water grab [by Georgia] was illegal.”
U.S. District Court Judge Paul Magnuson ruled two weeks ago that metro Atlanta
has been drawing water from Lanier illegally for decades.
He gave the state three years to strike a deal with Alabama and Florida — or
for Congress to settle the dispute with legislation. Absent a resolution,
the judge said, he will cut Atlanta’s withdrawals from the lake to 1970s
levels.
Today more than 3 million people in metro Atlanta depend on the waters of Lake
Lanier; it has been the region’s lifeblood for 50 years.
Environmental activist Sally Bethea, long an opponent of Georgia’s position
that it has rights to Lanier, said the legal battle has been a waste of time
and money from the beginning.
“You look at the history ... and it’s been pretty clear that this was the
outcome that we could all expect here,” said Bethea, who is executive
director of the conservation group Upper Chattahoochee Riverkeeper. “Georgia
was going to lose, and the whole thing was going to end up in Congress.”
-- Aaron Gould Sheinin contributed to this report.
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