The hearing in Jacksonville yesterday focused on Georgia’s entitlement to current and future water supply from Lake Lanier. As expected, Alabama, Florida, Alabama Power Company, and the Southeastern Federal Power Customers argued that Buford Dam was never intended to supply water to the Atlanta area, and that all the water in Lake Lanier properly is allocated to downstream navigation and to hydropower production.
Georgia, the Atlanta Regional Commission, and the other water supply providers argued that water supply has always been an intended purpose, and that Congress authorized the dam’s construction in 1946 in part on the understanding that it would ensure a steady and reliable source of water for the Atlanta area as it grew. Judge Magnuson noted that Atlanta had not contributed any funds for the dam’s construction during the 1950’s, and asked how he was to deal with that. He also criticized the Corps of Engineers for having not resolved the water supply issue in the 50 years since the dam was built.
The opposing parties have also argued throughout the litigation that recreation is not an authorized purpose of Lake Lanier, and that the Corps is therefore not allowed to keep water in the Lake to support recreation. The Lake Lanier Association was, of course, represented at the hearing. Our attorney, Clyde Morris, argued to Judge Magnuson that recreation is indeed an authorized purpose of Lake Lanier, and that the Corps has full authority to keep water in the Lake for recreation purposes. The Association has represented the rights and investments of its members throughout this litigation, protecting not only those who have invested in real estate on the Lake, but all those individuals and businesses that rely on Lake Lanier for jobs, livelihoods, and government revenues to support schools, hospitals, and the infrastructure of our communities.
While this Phase 1 of the litigation focuses on water supply, Phase 2 will focus on the Corps’ operations that drained Lake Lanier so drastically over the course of the latest drought. Judge Magnuson will not begin to look at the Phase 2 issues until after he has ruled on Phase 1. He said at the conclusion of the hearing that, for the first time in his lengthy career as a federal judge, his decision in this case may exceed 100 pages. He did, however, commit to ruling as soon as possible, and we are hopeful that he will issue his decision on Phase 1 this summer.