Water Wars: The Supreme Court Dodges A Decision
The Supreme Court issued its long-awaited ruling on the Florida v. Georgia lawsuit wherein Florida sought an equitable apportionment of the waters in the Apalachicola-Chattahoochee-Flint River Basin. Florida claimed that Georgia’s excessive use of water harmed the Apalachicola Bay environmental and fishing industries with a primary emphasis on the oyster industry in the bay.
Today, the Supreme Court remanded the case back to the Special Master with clear instructions to establish more detailed information as to the nature – and amounts – of any harm claimed by Florida.
Equitable apportionment legal precedents require establishing not only the general nature of harm but a balancing of the harm to one state to achieve a benefit to another. The dissent clearly shows the actual harm that would occur to Georgia compared to the potential benefit to Florida of a cap on Georgia’s water consumption.
The Lake Lanier Association believes that the dissent written by Justice Clarence Thomas presents persuasive facts that were ignored by the majority opinion.
Lake Lanier is the water resource that benefits the entire state of Georgia and all downstream water users, including Florida. Having a sustainable Lake Lanier for the future is critical for all water users.
We look forward to continuing to make the case for the recreation economy, not only for the counties surrounding Lake Lanier but also for the state of Georgia, and to working with stakeholders in Georgia, Florida, and Alabama to promote the Sustainable Water Management Plan (SWMP) developed by the ACF Stakeholders organization.
For a more detailed write up of today’s Supreme Court ruling, see our synopsis at: https://8kv6c1.a2cdn1.secureserver.net/wp-content/uploads/2018/06/Water-Wars-The-Supreme-Court-Dodges-A-Decision-June-27-2018.pdf