Tri-state water wars: Act now on water contingency plans

“This case is of vital importance to the people of the State of Georgia, as the district court’s order threatens to deprive three million residents of the metropolitan Atlanta area of their primary source of water supply.” -- From a March 31 federal court brief

Although our skies have been producing needed rain in recent weeks and things on the water front have otherwise been pretty quiet lately, Georgians should remain mindful of the continuing need to address our water challenges, across both the Atlanta region and the entire state.

The clock in U.S. District Judge Paul Magnuson’s Minnesota courtroom keeps running, with little more than two years remaining before a “draconian” drop in the region’s water allocation is set to take place. Substitute “catastrophic” for draconian and you get a realistic picture of this worst-case scenario.

To our credit, the Atlanta region and Georgia have been at work since 2009’s court ruling came down decidedly against us. The Georgia General Assembly, early in this year’s marathon session, quickly passed legislation championed by Gov. Sonny Perdue that’s intended to get the state moving in earnest toward significant water conservation efforts. If the flow of water to the metro area is slowed to a relative trickle, every drop will matter even more than it does now. That makes it imperative to act now on hefty conservation measures. Perdue and the Legislature were wise to take action, especially during an election year.

Perhaps most importantly, the 16-page measure sends the right message to Florida and Alabama, Georgia’s longtime sparring partners in the water wars. Even if decision-makers in those states don’t read beyond the first page of Senate Bill 370, they will learn that, “The General Assembly recognizes the imminent need to create a culture of water conservation in the State of Georgia.” That’s nothing new for Atlanta. The Metropolitan North Georgia Water Planning District has for years been implementing conservation measures such as use-more-pay-more pricing and replacement of water-squandering fixtures.

While conservation is a worthy goal by itself, the legislation-as-a-negotiating-signal strategy has gotten noticed. The Montgomery Advertiser, in an editorial wrote that, “In this case, Alabama could learn from its sister state. Regardless of how the water dispute is settled, water conservation measures should be put in place in Alabama as well.”

It’s hard to argue the seriousness of the Georgia bill’s broad intent, given that it will be illegal to sell a water-hogging toilet in Georgia come July 2, 2012. Any plumber or do-it-yourselfer caught installing an offending faucet or shower head in violation of the revised code risks a misdemeanor charge.

That, and other parts of the bill, should help Georgia’s cause in the continuing, secret negotiations among the three states. After a photo op among the governors last December raised hopes for a quick settlement that could then be voted on by all three states’ legislatures, no deal has been reached. The lawmakers have gone back home and we’re back to a waiting game — at least as far as the public can tell.

With Perdue and the other governors each leaving office this year, we remain guardedly hopeful that freedom from re-election worries may actually work in favor of reaching a deal. Doing so would set a high bar for statesmanship triumphing over politics that their successors would hopefully keep in place for the good of the Southeast.

Although the water conservation act touches on politically tough issues such as agricultural water use, some of its best points come from its setting of deadlines for action on some key matters.

By 2012, for example, public water systems serving at least 10,000 “individuals” are required to have conducted a water loss audit based on standards and best practices that must be developed by the state Board of Natural Resources before next January. The legislation also calls for feasibility studies on things such as reservoir dredging that “could enhance water supply when funding is available.”

Conservation is an important first and ongoing step, but the governor’s water task force is correct in pointing out that a growing area like ours also needs to look at ways to increase supply. That’s especially important given the pending chance of a 2012 slowdown of water from embattled Lake Lanier. Securing future use of its water remains our best choice, but it’s far from a sure thing.

We must not forget that the clock continues to run. It’s not too early for leaders to be examining drop-dead dates to start moving on key parts of water contingency plans, which will take years to implement.

We can’t afford to bet too much on the hope of an uncertain courtroom outcome. Let’s keep pushing ahead along all branches of the multiprong strategy.

Andre Jackson, 
for the Editorial Board

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