In this phase 2, Florida asked the court to require that we send more water across the state line into Florida to protect endangered mussels and sturgeon. LLA and Georgia lawyers argued against this, telling the court that any harm to the protected species was the result of low basin inflow (caused by the unprecedented drought in 2007-2008), not the Corps’ operations of the ACF system. Because a new Water Control Plan (WCP) is being written by the Corps for implementation in 2012, we stated that no changes (ex. more water into Florida) should be made at this time. Judge Magnuson saw things the same way, and ruled accordingly.

The clear loser is Florida, which failed to convince the court that more water must be sent across the state line to protect the species. In fact, the Judge did not even suggest that the minimum required flow of 5,000 cfs is required. Further the Judge did not invalidate the Action Zones established by the Corps to support recreation in Lanier. In sum, the court gave no practical relief to Florida on issues that would have negatively affected the people and businesses that use and rely on LakeLanier.

While Governor Riley of Alabama claimed that this Phase 2 decision was a victory for Alabama, the facts indicate otherwise. Alabama asked the court to set aside the Revised Interim Operating Plan (RIOP) and to prevent the Corps from considering water supply in the new WCP. Judge Magnuson ruled against all of Alabama’s requests.

Although our legal team under Clyde Morris has accomplished a great deal, this is not the end of our efforts in the Water Wars. Phase 1 is under federal appeal and Florida could appeal this Phase 2 decision. The new Water Control Plan is under development, and the issue of water supply for north Georgia has not been concluded. We will continue to represent our stakeholders’ interests in this litigation and to protect Georgia’s Great Lake. The Judge’s decision and more details are available on our web site.

The Lake Lanier Association is the only Lanier “watch dog” for recreation, and the only non-municipality or power company participating in this litigation. LLA has incurred a very large debt (almost $100,000 net after payments) for legal expenses. While we have managed to maintain a prudently low level of legal costs, this major debt must be retired. Our normal dues and fund raising activities cannot reduce the debt, so we are reestablishing our “legal defense retirement fund.” We are asking for contributions from our stake holders. Contributions can be made through a check to our office or on our Web site via PayPal.

Thank you very much in advance for your support,
The Lake Lanier Association Board of Directors
Please note Legal Defense Fund on your checks and mail to our office at

Lake Lanier Association
615F Oak Street, Suite 100
Gainesville, GA 30501

Read the 376 MEMORANDUM AND ORDER July 21, 2010

In this phase, Florida asked the court to require that we send more water across the state line into Florida in order to protect endangered mussels and sturgeon. We argued against this, and told the court that any harm to the protected species was the result of low basin inflow (caused by the unprecedented drought in 2007-2008), not the Corps’ operations. We asked the court not to invalidate the RIOP and BiOp, not because they were correct in all their particulars, but because no better ACF management plan could be substituted before the new Water Control Plan (WCP) is implemented in 2012. Judge Magnuson essentially saw things the same way, and ruled accordingly.

The clear loser is Florida, which failed to convince the court that more water must be sent across the state line to protect the species. In fact, the court did not even suggest that the minimum required flow of 5,000 cfs established by the RIOP is required by the ESA. Nor did it invalidate the Action Zones established by the Corps to support recreation in Lanier, the Corps’ retention of water in Lanier to support recreation, or spring operations to facilitate sport fish spawning. In sum, the court gave no practical relief to Florida whatsoever on issues of particular importance to the people and businesses who use and rely on Lake Lanier.

Interestingly, the Governor of Alabama claimed that this was a huge victory for Alabama. I beg to differ. Alabama asked the court to set aside the RIOP, the BiOp, and the 1989 draft Water Control Plan, and to prevent the Corps from considering water supply in the new WCP. Judge Magnuson ruled against every one of these requests, meaning Alabama got none of what it was seeking. Apparently there is a very low threshold for what constitutes victory in Alabama.

News reports on the ruling have varied wildly in their characterizations of the court’s order. One reported that Georgia “los(t) another ruling.” While it is true that the court ruled the Georgia parties did not have standing to challenge the ESA, the practical outcome of the court’s order was very positive and the headline unnecessarily negative. Other reports have correctly pointed out that Florida’s ESA claims were rejected and that the Corps clearly violated NEPA by not performing an Environmental Impact Study – as we, along with virtually every other party except the Corps, argued.

In his ruling on standing, the judge apparently concluded that we were not harmed by the ITS (Incidental Take Statement) for the mussels issued by Fish and Wildlife. We had taken issue with several technical aspects of the BiOp, pointing out that Fish and Wildlife made some serious errors in its review, even though it ultimately found that Corps operations would not harm the species. In particular, we argued that Fish and Wildlife used an incorrect environmental baseline, which it relied on as the basis for issuing the ITS. It is certainly unfortunate that the court ruled that the baseline was correct, but in light of the fact that the court also found no harm to the species, it is unlikely that we would ask for a review of the ruling on the standing issue alone.

This is not the end of our efforts in the Water Wars. Phase 1 is under appeal and Florida may well appeal the Phase 2 decision. The new Water Control Plan is under development, and the issue of water supply for north Georgia has not gone away. We will continue to represent your interests in this and to protect Georgia’s Great Lake.

Lake Lanier Association Executive Director

It was with a very heavy heart that I have given my notice to the board and will no longer be working for the Lake Lanier Association after the end of July. I have already moved to California to work for the same company as my husband, who has been here since last August.  We are both working on Lake Nacimiento in Central California.

It has been my privilege to work for the association for the last nine years.  I’m constantly in awe of the talent and dedication of your board of directors and have enjoyed working with them to fulfill our mission of protecting Lake Lanier’s water quality and quantity.  The board is in the final process of selecting a replacement for my position.  In the meantime, I’ll be responding to your emails and voicemails until the new person is on board.

I wish you all well and have enjoyed meeting and talking with so many of you over the years.

Best regards,

Vicki Barnhorst

The association is now planning a Political Forum in October for federal and gubernatorial candidates as well as candidates for state house and senate in the districts surrounding Lake Lanier. During the event, the candidates will answer questions on their policies related to the protection of LakeLanier including the Tri-States negotiations, water supply, and reservoirs.

The October event will also take place at Legacy Lodge, Lake Lanier Islands, Buford, and we will announce the date as soon as possible.

Tomorrow our attorney will be presenting oral arguments in Phase 2 of the Tri-States litigation being heard by Judge Magnuson in federal court in Jacksonville.  If you have not had the chance to donate to our legal fund, please help us defray the costs of this expensive litigation and the expense of sending our attorney to Jacksonville to represent Lake Lanier in these important lawsuits.

Congressional District 9 Special Election

We would like to remind voters in Congressional District 9 that the runoff election to fill Congressman Deal’s seat is tomorrow.  You can read State Representative Tom Graves’s and State Senator Lee Hawkins’s positions here.

The Lake is Full! Join us at the Lake Lanier Islands Resort for a weekend of fun in the sun:  IN THE WATER BOAT SHOW. Join Atlanta’s leading boat dealers for Atlanta’s biggest dockside boat sale May 15 & 16 at the new Lake Lanier Islands Resort. Go aboard luxury cruisers, ski boats, runabouts, pontoons, deck boats, sport boats, water craft of all sizes on land and in the water. Many available for in-the-water demo by qualified buyers.

BRING THE KIDS!- This event is perfectly timed during the Lake Lanier Islands Water Park Grand opening. Find your 1st boat or trade up while spending quality time with your kids.

VISIT THE NEW LODGE- Lakeside Paradise just north of the city! See what we’ve done at The Lake Lanier Islands Resort and visit the new Legacy Lodge or stay in a luxurious villa. We will offer special weekend packages to encourage you to spend the night or weekend at the new Lake Lanier Lodge.

Admission:

• Free entry into the In The Water Boat Show with paid gate fee to the islands
• SATURDAY & SUNDAY 10am-6pm

SHOW FEATURES:

• Lake Lanier Islands Water Park Grand Opening
• Boat Demos for qualified buyers
• Courtesy Dock for boaters to come by water
• Get expert advice from Atlanta’s Leading Boat Dealers
• Live Music
• Great Food
• Fun Games for the kids

Presented by the Marine Trade Association of Metropolitan Atlanta and Lake Lanier Islands Resort. Produced by the North Atlanta Trade Center (Phone 770-279-9899 / www.boatatlanta.com)

This brief responded to arguments raised by Florida, Alabama, and other parties regarding the Corps’ operation of the ACF facilities.  At issue is the Revised Interim Operations Plan (RIOP), which was implemented by the Corps in response to pressure from Florida and which heavily impacted Lake Lanier water levels in late 2007.  Florida invoked the Endangered Species Act (ESA) to force the Corps to maintain higher flows during drought for the protection of several threatened and endangered species in the Apalachicola River.  The U.S. Fish and Wildlife Service issued a 225-page Biological Opinion stating that the RIOP would not result in illegal harm to the species under the ESA, but also imposed certain requirements on flows that the Association has objected to because they will unnecessarily deplete Lake Lanier.  The Association is seeking to have Judge Magnuson rule that the ESA does not require the Corps to provide the high flows that Florida demands.  We expect a ruling in the next few months.

Read the full brief filed by the Lake Lanier Association here.

There remains one more round of briefs, culminating on March 3, following which we expect Judge Magnuson to schedule oral argument prior to ruling on the issues in Phase 2.

As the Georgia legislature begins its session this month, the members of the Lake Lanier Association (LLA) ask for your help in protecting Georgia’s finest natural resource. As the Tri-States water wars litigation and negotiations move forward, we ask that the Georgia State Senators and State House Representatives protect Lake Lanier from the substantial and persistent Florida and Alabama attacks.

In addition to the highly publicized July 2009 ruling against Georgia regarding water supply authorization for Lanier, Judge Magnuson decided to not make a decision recreation as an authorized purpose of Lake Lanier. While the US Army Corps of Engineers has managed the Lake for recreation for 50+ years, and has been federally funded by congress for that activity through the budget process, Florida and Alabama contend that Lanier was not authorized for recreational purposes. Lanier contributes $1 – $2 billion to the North Georgia economy. Major water level draw downs (i.e. the 2007- 2008 drought) negatively affect that economic engine. We hope that Georgia will pass a resolution that supports a US Congressional authorization for recreation on Lake Lanier as an official purpose.

One of Governor Perdue’s initiatives as part of his task force on water alternatives is to investigate additional reservoirs in Georgia for water supply. For the past 3 years, LLA and the Georgia legislature have been driving for a 2 foot increase in the full pool level of Lanier (from 1071 to 1073 feet above sea level), thereby creating a new 26 – 27 billion gallon reservoir for the state (larger than Lake Seminole). This could be accomplished rapidly and implemented for modest costs. A resolution passed in the Georgia legislature in 2007 called for investigation into the possibility of 1073 as a strategy for additional water supply in the State. We ask that the Georgia legislature again pass a resolution that encourages the US Congress and the Corps to implement 1073 as “normal pool” water level for Lake Lanier.

Thank you in advance for your support of Lake Lanier and the economy of North Georgia.

Sincerely, V. M. Perry, Jr. Executive Vice President, LLA Lake Lanier Association Executive Summary

Lake Lanier Association Executive Summary