A federal judge denied efforts by Alabama to have more say over how Georgia water is portioned out during droughts by the U.S. Army Corps of Engineers.
On Monday, Judge Loren AliKhan ruled in favor of USACE and the State of Georgia, following up on a previous December 2023 agreement made by Alabama and Georgia regarding water in Lake Allatoona.
In 2021, “the Corps had updated its operational manual in 2021 to grant the State of Georgia’s request for additional water supplies,” so Alabama filed an additional complaint in court, saying that the way the Corps had allocated water for the states when in drought conditions.
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Alabama’s initial lawsuit, which kicked off “the first phase of this lengthy litigation” started in 2015, when the Corps revised the manual for using water in what’s known as the ACT Basin.
That water system is made up of the Alabama, Coosa and Tallapoosa rivers, along with their larger network of tributaries and drainage areas.
When USACE updated the manual for the first time in about 50 years, Alabama sued.
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Georgia’s neighboring state was trying to hold onto water it said was needed in droughts, while Georgia was requesting increases in water supply for its own cities that were near the Allatoona Project.
The Corps considered Georgia’s request, and an accompanying proposal for offset, but Alabama pushed for a different decision.
Additionally, Alabama officials said that analysis by federal partners had “failed to conduct any of ‘the required legal analysis,’” and Georgia disagreed, continuing the fight.
The decision in 2021 to grant Georgia’s water supply request was adopted, but the battle in court continued. Alabama motioned for a full, final decision in June 2024. Now that decision has been made, but not in its favor.
AliKhan ruled against Alabama’s requests for intervention, instead allowing USACE to provide Georgia the supply of water it’s been asking for, meaning the nearly 1 million residents and water customers in Cobb County and near Cartersville have their water secured.
The office for Gov. Brian Kemp sent the following statement to Channel 2 Action News.
“This ruling brings greater certainty to our state’s access to the water supply from Allatoona Lake. The state of Georgia will continue to work with stakeholders and be a good steward of our natural resources as we continue to grow.”
Channel 2 Action News has reached out to the Alabama Governor’s Office for comment and is waiting for their response.
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