Brian Vanderhoff's North Fulton Real Estate Blog: Georgia's appeal of water ruling denied

U.S. court sides with Alabama, Florida on use of Lake Lanier water

A federal appeals court has denied Georgia's request to reconsider a recent ruling that denied metro Atlanta more water from Lake Lanier.

A three-judge panel of U.S. Court of Appeals in Washington denied the request without comment in a ruling issued Thursday. The court's earlier ruling invalidated a 2003 settlement among the U.S. Army Corps of Engineers, which operates Lanier, federal hydropower customers, who buy electricity produced at the dam, Georgia, and metro Atlanta governments.

As part of the settlement, cities and counties that depend on Lanier for drinking water agreed to pay the Corps $2.5 million a year to offset the costs of operating the dam in exchange for laying claim to 65 percent more water from the lake for up to 20 years. Alabama and Florida strongly opposed the agreement.

In February, the appeals court ruled the amount of water metro Atlanta wanted — about 14 percent of Lanier's water — constituted a major operational change that would require congressional approval.

At the time, Alabama Gov. Bob Riley said the court foiled Georgia's "massive water grab." Georgia had argued it has a right to the water.

Labels: Florida, Georgia, lake lanier water, water ruling