CummingHome.com Your free local source for news, events, and business in and around Cumming, GA

_GA-Cumming Home is the leading provider of local news and online community for Cumming, GA. Fill up on Cumming news, Cumming politics, Cumming business info, and Cumming sports, plus lots of local lifestyle info, including coupons and real estate.

Federal Judge Sends Water Wars Back to Congress

Originally Published Jul 17, 2009, 5:00pm (Updated Jul 19, 2009, 1:36pm)
49 comment(s)

U.S. District Judge Paul Magnuson issued a final ruling today in the Tri-State Water Wars case, forcing the issue back into the hands of the US Congress.

According to the judge's ruling, the US Army Corps of Engineers acted without the proper authority when it issued water withdrawl permits for all governments other than the cities of Gainesville and Buford.   In his ruling the judge has a set a three year deadline for the matter of water usage to be settled in the political arena, in the Congress of the United States.  If the matter is not resolved in this timeframe, the ruling states that all permits issues since the original charter in the 1970s will be void.

"The court recognizes that this is a draconian result. It is, however, the only result that recognizes how far the operation of the Buford project has strayed from the original authorization."  Magnuson said.

Lt Governor Casey Cagle released the following statement: 
"Today’s ruling is an extremely frustrating one for me. Georgia has grown while being good stewards of our water resources, including Lake Lanier.  I am looking forward to working with Georgia’s Congressional delegation in an effort to resolve this issue.”
 
ORDER SUMMARY:
"As we all learned in grade school, the separation of powers is fundamental to our federal government: a power reserved to one branch may not be usurped by another. This litigation presents a case study in the need for this tripartite federal system. Congress authorized and paid for the Buford Dam, and gave the Corps authority to operate the dam. Congress specified, however, that the Corps’s authority was not without limits. If the Corps believes that it must operate the project in a manner contrary to Congress’s initial authorization of the project, it must so inform Congress and secure Congress’s permission to do so. Congress has made no exceptions for situations such as the present, when the need for the change is great: the WSA does not provide that “changes shall be made only upon the approval of Congress unless it is inconvenient to do so.” Congress reserved to itself the power to change the purposes for federal projects such as the Buford Dam project. The executive branch simply may not circumvent that authority. Congressional approval of the reallocation of storage in Lake Lanier is required.

The Court is sympathetic to the plight of the Corps, which is faced with competing and legitimate claims to a finite resource. Neither the Corps nor the Court can make more water. However, as the D.C. Circuit remarked, “Congress envisioned that changed circumstances or ‘difficult situations’ might arise and specified that any solution involving ‘major operational . . . changes’ required its prior authorization.” SeFPC, 514 F.3d at 1325 Case 3:07-md-00001-PAM-JRK Document 264 Filed 07/17/2009 Page 95 of 97 96 (citations omitted). The Corps’s failure to seek Congressional authorization for the changes it has wrought in the operation of Buford Dam and Lake Lanier is an abuse of discretion and contrary to the clear intent of the Water Supply Act. As such, the Corps’s actions must be set aside.
 

Accordingly, IT IS HEREBY ORDERED that:
1. Alabama and Florida’s Motion for Summary Judgment (Docket No. 191) is
GRANTED in part and DENIED in part;
2. The Georgia parties’ Motion for Summary Judgment (Docket No. 195) is
DENIED;
3. The SeFPC’s Motion for Summary Judgment (Docket No. 238 in Civ. No.
3:08-640) is GRANTED in part and DENIED in part;
4. The Corps’s Motion for Summary Judgment (Docket No. 227) is DENIED;
5. APC’s Motion for Summary Judgment (Docket No. 86 in Civ. No. 3:07-249)
is DENIED;
6. Columbus and Columbus Water Works’ Motion for Partial Summary
Judgment (Docket No. 22 in Civ. No. 3:07-1033) is DENIED;
7. Apalachicola’s Motion for Summary Judgment (Docket No. 190) is
GRANTED in part and DENIED in part; and
8. The claims raised in Phase 1 of this litigation are hereby STAYED for a period
of three (3) years.

Click HERE for more info...

Comments

49 comment(s) on this page. Add your own comment below.

Jim Boff
Jul 18, 2009 4:29pm [ 1 ]

Some of us in the county have been working diligently trying to find sources of water which will be usable now and in the future. Indeed we have meet twice this year with the EPD about our request to withdraw water from the Chattahoochie River. Although favorable to this, the EPD has not yet granted us permission.

During that meeting they were extremely clear about the following points.

  1. The county should think outside of the box about water
  2. Get water from as many sources as possible
  3. In the long term it will probably be better to get water from Lake Lanier
  4. The EPD will not allow any entity to increase the amount of water allowed to be withdrawn from the lake in the foreseeable future, nor would they allow new entities allocations. (This means that the city will not have the legal capacity to provide any more water to us than in does right now, and if things don't change in three years they will not have water for themselves or for us.)

We can now see that the EPD anticipated this ruling. A ruling predicted by many.

What is tragic for citizens of Forsyth county is that twice this year the same 2 commissioner's votes have prevented the county from even talking with Fulton County about the possibility of getting water from them. Instead they have insisted for years that we sign the same old contract with the city and be done with our search for water.

I would recommend you contact your Commissioner or all Commissioners immediately and ask them why they are not pursuing all avenues, so that our future and growth can be assured. Otherwise we will have to rely on Congress to do something correctly within 3 years, or we have no water. That means no water for the County and no water for the City.

Jim Boff

Gail Brooks
Jul 18, 2009 6:46pm [ 2 ]

Commissioner Boff, I respectfully disagree with you. I happen to keep up with Fulton County as much as Forsyth and you are kidding yourself if you think they have a water solution that will help us.

Regarding the Chattahoochee intake, there is a strong possibility that the Upper Chattahoochee Riverkeeper, Roswell, Sandy Springs and any other entity that utilizes the Chattahoochee would file suit against Forsyth County to prevent the river intake. it would cost millions in legal fees and years in the courts for an insignificant amount of water.

How about a unique approach Mr Boff? Why not join forces with the city and work out a solution for us. People working together are much stronger than those working separate. I know it is against the grain for some to think that way but it is just a thought.

You know that nobody is going to cut off the spigot and we will be without water. Those kind of comments remind me of Chicken Little screaming that the sky is falling.

Tired
Jul 18, 2009 9:10pm [ 3 ]

I agree with Ms. Brooks. People are tired of the anti-City rhetoric and want the Board to work with the City to provide a solution. I'll never understand why some Commissioners have such a venomous attitude toward the City. Cumming residents, the Mayor, and Council are County citizens too (and have been much longer than anyone on the Board - not one of whom was born here). I live as far from the City as you can get and still live in Forsyth, but I think the City has my best interests at heart when it comes to water.

Georgia
Jul 18, 2009 10:21pm [ 4 ]

Clearly stated was that ALL alternatives and ideas need to be explored for water. Why would two of our Commissioners vote against looking for other water sources? Does anyone really need it spelled out?

Forsyth and the City needs to look at alternative water sources. PLEASE contact all our commissioners and ask them to start to immediately look for alternative water.

Tired
Jul 18, 2009 10:52pm [ 5 ]

Well I really don't welcome buying ANY water from Fulton County. I want my water dollars going back into my County (yes even if it goes to the City).

The minute a portion of my water bill goes to Fulton, I'm drilling a well.

Marco
Jul 18, 2009 11:28pm [ 6 ]

We need to work in concert with our own people. County and City need to work together before we go running off to other counties.

What Commissioners want to work outside the area? We need to send them off if they don't support out own citizens!

Does not make any sense to me at all. Commissioners, you need to work with locals first before you go to outsiders.

Cindy
Jul 18, 2009 11:37pm [ 7 ]

Idea: although it may only be a small gesture, one way we can all help is to continue living as though the water restrictions are still in effect.

My husband & I have no plans to water our lawn this summer & it continues to survive.

Water conservation is key & the best way we can be part of the solution.

Does our area have a water reclamation plant? Reclaimed water can be used for County/City common space landscaping & golf courses.

Has the ag industry of Forsyth explored subsurface drip irrigation?

I have read that Subsurface Irrigation, "allows the precise application of water, nutrients and other agro- chemicals directly to the root zone of plants." Consequently, this method utilizes substantially less water.

Resources: http://www.geoflow.com/research_ag.html www.ars.usda.gov/is/AR/archive/jan09/clean0109.htm

johnnyd
Jul 19, 2009 8:38am [ 8 ]

CLOSE THE LOOP.

The answer is simple, if we could get over our own outdated concerns. A previous poster had it right when they talked about re-use water. We now take our waste water, clean it to the point where it's actually drinkable, then spray it on the land. Instead, we need to build a three stage reservoir, and connect the outlet of the wastewater plant to the inlet of the reservoir. Water would flow from the plant (already clean) into the first stage. Then it would flow to a second stage reservoir, then to a third, with gates between each. The outlet of the third would be connected to the raw water intake.

Test the water coming out of the waste treatment plant regularly, and, if you see a problem, close the gate below the first stage while you fix it. That gives us two reservoirs full of water to draw from until the problem is fixed.

That way, all you do is draw enough from the lake to keep up with system losses and irrigation. If we just had politicians willing to stand up and acknowledge that this technology is there, we could get by just fine.

Dan
Jul 19, 2009 9:00am [ 9 ]

Why build a dam creating a water source and then not allow anyone to use it. This is a legal ruling on the limit of the power of the corp by congress. It's about time somebody put the corp in their place. The issue of access to the water will be decided by Congress (or the courts, if necessary) and the County needs to be at the table to get it's own intake.

Gary Cooper
Jul 19, 2009 10:55am [ 10 ]

Dan, the dam was built for flood control and hydroelectric power. That is what Congress authorized the Corps to manage it for. They did not authorize the Corps to manage water supply, basically because the City of Atlanta and GA Representatives did not want to foot part of the construction bill for the dam. You can basically blame this for 50 years of failed leadership on our elected officials.

Those of you clamoring for the county to work with the city need to understand that once this judge's ruling goes into effect (in 3 short years should Congress or the three Governors can't come to a deal and judging by Gov Purdue's comments about appealing and our Congressional delegations comments about deferring back to the states, this seems highly likely) then even the city won't be able to pull water from the lake because it received its permission from the Corps when they were not authorized to do so. So get off the county's back if they are trying to think outside the box on our water needs. After all, the group that was fighting this court battle knew exactly what would happen and told the county as much according to Commissioner Boff.

Dale
Jul 19, 2009 1:37pm [ 11 ]

Once again, we see the willingness of Commissioner Boff to lie and to distort the facts.

Recently, he complained to the Forsyth County News that "other commissioners" had ordered the five appraisals of Lanier Golf Club.

That was a blatant lie and an effort to deceive the voters of Forsyth County.

The truth is Boff himself ordered all five appraisals. Let me repeat that: Boff himself ordered all five appraisals. His actions took place uder the cover of "executive session," so it will be difficult to prove, but reporters at the FCN are working to confirm that as we speak.

Second, the two commissioners he refers to have simply said it's more prudent to negotiate with the city FIRST.

Of course, for anyone who knows him it comes as no surprise that Boff is willing to distort the truth. After all, his strongest support came from discredited former County Commissioner David Richard.

Need I remind anyone it was Richard who proclaimed during the Smart Growth Forsyth County debate last year "the county is this close to obtaining a water withdrawal permit."

Today we hear the truth from the EPD.

"The EPD will not allow any entity to increase the amount of water allowed to be withdrawn from the lake in the foreseeable future, nor would they allow new entities allocations."

I guess it's true: Birds of a feather flock together.

steve carter
Jul 19, 2009 2:41pm [ 12 ]

Hi Dale,

I was intrigued by your comment:

"Second, the two commissioners he refers to have simply said it's more prudent to negotiate with the city FIRST."

Can you (or anyone) explain why it would be more prudent to negotiate with a supplier without the leverage of an alternate supplier in hand?

I think it makes more sense to talk to as many parties as possible, including the city, simultaneously.

Millie P.
Jul 19, 2009 3:16pm [ 13 ]

It seems as though Mr. Carter still thinks it is us against them that will make progress. The citizens of Forsyth County need water now and in the future. Why not be cooperative and work on a water solution WITH the city. This is not negotiating for copy paper. From reports in the paper the city has spent millions and millions to insure that they can provide water, I think it is now over 100 million gallons a day. We all know that the permits are temporary or whatever its called but face facts, nobody is going to make us go without water. It may be limited but that may be a good idea anyway.

Boff has it all wrong if he thinks it is smart to work against our own next door neighbor. When is it he will understand that those communities that get together for the common good will be much more successful. He has been hanging around Harrell and Laughinghouse too much and the arrogance is rubbing off. We need to work together folks, not apart!

Steve Carter
Jul 19, 2009 3:36pm [ 14 ]

Hi Millie,

just to clarify, I certainly do not think about this situation as "us against them" , and I'm sorry if my comments sounded that way. I was only pointing out that the county should act in the best interest of the county, Just as the city should act in the best interest of the city. I don't see anything wrong with that approach. that's what we pay our elected officials to do for us. I don't blame the city at all for wanting to retain exclusive rights to the water intake for example. They are very smart to have that asset and should profit from it, if not only from the county but from anyone else who needs water. I think the county SHOULD want to have its own source of water, but failing that, they should look for as many other sources as possible. Its just good prudent government. Why does that have to sound like its rooted in some kind of hate?

Dale
Jul 19, 2009 4:19pm [ 15 ]

Hey Steve,

I don't disagree the county should negotiate with other suppliers. But I do disagree that it would provide the slightest bit of additional leverage.

I'm also intrigued by what intrigues you.

I consider cumminghome.com a reliable alternative news source to the Forsyth County News. And yet, you expressed no interest in looking into whether or not a sitting commissioner -- Jim Boff -- flat out lied to the public. I know the Forsyth County News is investigating that story. I hope you are too.

I am an avid reader of your web site and will continue to be in the future.

Steve Carter
Jul 19, 2009 8:52pm [ 16 ]

Good suggestion...I'll be happy to look into it. My first reaction is how can any commissioner order an appraisal without the consent of at least 2 other commissioners? If I find anything interesting I will publish it, but I will say this is definitely an area where the FCN and Cumminghome differ. I take no pleasure in dragging anyone through the mud, commissioner or otherwise. I do my best to report the news that matters most and leave the criticism open for anyone else to add in the comments section. Thank you for your participation and support.

April
Jul 19, 2009 9:56pm [ 17 ]

Mr. Carter? Why not just ask all the Commissioners? In that article Jim Boff seemed to blame the others for dragging their feet, delaying the purchase and trying to insure that District 5 was left out of green space. See why the other four are being blamed for this and what they have done to delay. Although the poster above seems to think different.

On the other hand, I don't know why Jim Boff has not done anything for us. Some (most) in this district don't give a hoot about buying the golf course. We just want somewhere to enjoy.

He is a commissioner with only 1 or 2 topics of interest. I wish we had elected Julie Tressler as I think she was more well rounded. Boff is going to cause us to get nothing.

Jim Callihan
Jul 19, 2009 10:22pm [ 18 ]

Good stuff - love the discourse. "SC" summed up the most prudent approach: "City negotiations proceed, get a second plan going ASAP". I'm not sure what the cost will be, but I have seen many "well-fields" (12" wells w/ primary & "back-up" pumps) that provide at least 15 miil-gals per day. How much water does the County need? Start drilling on County lands that are 100% over good shallow water - Nichols Rd. Park, for example (sorry, soccer players, we need to get pumpin!); Central Park for another well-field. Time's a wastin! Another ideal spot for one is in the NW County, along the Etowah, west of Nichols Road. Land is cheap right now - get busy!

Don't be like the last 60 years of State leadership - expecting "someone up-line" to handle it (btw...I took several of them to task last year when they brought up that whole "we'za gonna get duh feddle gubmint tooze dress ar water prollems" crap - pure crap - insanity, really).

Leadership now. Lead, follow or get out of the way.

Dale
Jul 20, 2009 6:00am [ 19 ]

Steve, I'm confident you'll do a great job of asking commissioners if they were the one who ordered, or if you prefer, recommended, these appraisals. I must admit, I'm a little surprised a newsman such as yourself would consider holding an elected official to a standard of truth, "dragging them through the mud."

David Richard
Jul 20, 2009 6:28am [ 20 ]

First, Steve Carter is correct; a single commissioner cannot order an appraisal done without the agreement of two other commissioners in a vote. Why? Because county funds cannot be expended without a majority vote of the county commission. Plagiarist Richard "Dale" Wheeler is incorrect in his accusation. Par for the course for him.

Second, to all you "Can't we all just get along and hold hands and sing Kumbayah?" crowd, you're running on a great misconception. You think that the city wishes to negotiate with the county commission on water. That is wholly incorrect. There is no city when it comes to water. There is the mayor and five hand puppets who have never voted against the mayor's demands in over 33 years. The mayor dictates what the city will do; the city council rubber stamps his demands.

The mayor doesn't negotiate; he demands. There is no back and forth. There is "This is my position - how are you going to get to it?", and that is his way. To the plagiarist Richard "Dale" Wheeler; I hope you never had to negotiate anything in your lifetime, because you have zero clue as to how to go about it. If you don't have an alternative, you are at the mercy of those you are negotiating with. As long as Bell and Tam continue to keep the county from even discussing other resources, the county will never have negotiating leverage with the mayor.

Dale
Jul 20, 2009 7:49am [ 21 ]

Why am I not surprised that discredited ex-commissioner David Richard would defend Boff's lie.

Let's be clear, it was Boff who publicly accused "other commissioners" of ordering the appraisals. If the choice of words is incorrect it's Boff's choice, not mine. Furthermore, stating that someone else "ordered" appraisals when it was Boff himself who did so is a lie.

Of course Richard completely ignored the fact that the EPD has also proven him to be a liar by stating no new withdrawal permits would be issued any time in the forseeable future.

It was Richard who proclaimed during last year's election that "the county is this close to getting a water withdrawal permit."

Crawl back under your rock, David. You are simply no longer relevant.

Rodney Mullis
Jul 20, 2009 8:11am [ 22 ]

Dale is correct. It was Boff's choice of words. Go to FCN and look at the article. I don't know who ordered what but I am now very curious as to what really happened.

David, I have seen your slippery responses before on here trying to hide lies or find a technical out. I would appreciate you giving the citizens a little more credit and not use the typical politician-type technical answers to avoid the truth. You remind me of Bill Clinton asking for a definition of sex or depends on what is is.

I guess this super majority thing that you guys put in place to keep the county from working with the city is backfiring on them now. Huh? It is not a matter of the mayor telling anyone it is a fact that you guys don;t know how to form a mutually beneficial deal and always tried to screw anyone you came in contact with. I remember Charlie always saying he could not give up anything without getting something in return. You subscribe to that same stupid, narrow-minded philosophy.

But let's not get off the alleged lies of Jim Boff. I wonder if this news organization will actually look into it. Remember guys it was Laughinghouses and the Carters that were the committee to elect Boff. Boff is also friends with the guy that owns the hometowntimes (parent of this web - look at your address bar). Paul Baron owns hometowntimes and is also a key figure with Save lanier Lifestyles which is the group that wants the county to buy the golf course.

I suspect that those facts will outweigh the potential of an investigation of any type.

jp
Jul 20, 2009 8:15am [ 23 ]

A dependable source of water is perhaps the most critical issue facing Forsyth County. Tam and Bell are blocking discussions that could lead to possible solutions. If Tam runs for state office, which seems likely, his irrational stance on this issue will defeat him.

David Richard
Jul 20, 2009 8:35am [ 24 ]

Rodney, if you choose to align yourself with with a proven plagiarist who doesn't have the guts to admit it when caught red-handed, that's your problem.

Bottom-line, you cannot order an appraisal done with county money without a majority vote of the county commission. Not possible. There is no equivocation about this, and the county attorney would insist on a vote. Period. End of sentence. Non-negotiable.

Clear enough for ya, Rodney?

And Rodney, please tell us all how many times you have sat across from the mayor in a "negotiating" session. Then, and only then, can you claim to have any insight into how to go about this situation.

And Plagiarist Richard "Dale" Wheeler? The EDP said "Lanier" - I never did. There are other withdrawal permits available, but someone who spends their time cyber-stalking me and taking credit for other people's writing wouldn't know something like that.

Would you?

Gary Cooper
Jul 20, 2009 9:09am [ 25 ]

First off, I don't see what in his comment that Jim Boff is wrong or lied about regarding the water issue. Second, the issue with the golf course is irrelevant when it comes to our water situation.

Dale, until the FCN can show proof that Mr. Boff lied about other commissioners ordering appraisals then I will withhold judgment. However, since you are the one issuing the allegation please then why don't you provide the proof to Mr. Carter so he can investigate.

Back to the water issue. Dale, yes David Richard said that we are close to getting EPD approval. However, all of the talks with the EPD are in regards to withdrawing water from the Chattahoochee River and not the Lake. The comment you like to take from Mr. Boff above and distort it as a lie by him and Mr. Richard is nothing more than stretching of the truth by you. Pot meet kettle; kettle meet pot. The truth is the county is not trying to get the EPD to allow water withdrawals from the lake, but instead the river. The EPD, according to Commissioner Boff, says that in the long run it would be best to withdraw water from the lake. They are right to some extent, but then they let the county know that no new allocations or new entities will be allowed to withdraw from the lake in the near future. The judge's ruling on Friday now confirms this and not only will the county be affected, but so too now will the city.

The city has never negotiated with the county in good faith over the water issue. It is a "take the 15 year contract at our price or leave it" approach. If you ask me, the city has now just lost it's biggest leverage in this whole water discussion and really what would the county benefit from negotiating with the city who could lose it's own water withdrawing permit once this ruling goes into affect. Read around folks, the Governor as stubborn as ever, is going to appeal this ruling and has shown no signs of negotiating in good faith with the Governor's of Alabama and Florida. Our Congressional leaders are meeting today and by all initial accounts are going to defer the issue back to the states and their governors. Why? Well because our numbers in Congress are no help when both of the two states you are basically fighting with hold more leverage. So in a sense the county is in the right to be negotiating with multiple parties to plan our water future.

Also let this be a lesson in those who like unchecked growth. Unchecked growth and not planning properly has left us in this mess that in just three short years we could be without water.

Dale
Jul 20, 2009 1:42pm [ 26 ]

Gary, You may have noticed, the subheading beneath cumminghome.com proclaims this site to be: "Your free local source for news, events, and business in and around Cumming, GA"

As the "news source," it is incumbent upon cumminghome.com to investigate the claim. It's not my job to spoon feed them.

Gary Cooper
Jul 20, 2009 2:31pm [ 27 ]

That's just it Dale, you are the only one I have seen or heard mention this "story". If you feel it needs to be investigated then why don't you contact Mr. Carter with the story and let him investigate? You know all stories come from leads and I am sure the FCN got their lead from someone.

And like Steve suggested earlier, how can Commissioner Boff order the appraisals without consent of two more commissioners? I also appreciate Steve not dragging anyone through the mud. Enough of that goes on around here during election season. You should know that all to well.

David Murray
Jul 20, 2009 3:10pm [ 28 ]

Gary, I too have heard that Boff is the one that had asked for the appraisals. I don't think it is an issue of did other board members agree. Boff's statement in the FCN was:

He said the commission's authorization of many appraisals was "a method for the commissioners, who were supposed to have the entire county's interest at heart, to confuse and therefore prevent an offer coming in on Lanier Golf Course."

"I think the board has been interested in delaying and not buying it," Boff said. "They're delaying by asking for more appraisals." He added that these actions stem from an effort to "make sure District 5 gets nothing" from the $100 million parks, recreation and green space bond.

"District 5 has gotten nothing," he said. "District 2 has gotten tons and District 4 has gotten tons. It's hard for people in District 5 to be desirable of paying taxes to help all the other districts, especially since all the districts appear to be dead-set against helping District 5."

Boff said "They are delaying by asking for more appraisals." That is misleading when it is reported he was the one to make the initial request of the board. I suggest those that doubt it make 5 phone calls and ask each commissioner if the made the initial request or motion for any appraisals.

Besides, I live in district 5 and a golf course is not what government should be providing to me. If I want golf then I need to join a club or play a daily fee course. golf is not a fundamental service that I cannot provide for myself.

No mud here, it is a dishonest lying commissioner that has been nailed to the wall and his campaign folks (cumminghome, hometowntimes, Laughinghouse & Carter) want to hide the fact and ignore it. That's what Dale is referring to I believe.

If Mr. Carter would call the 5 commissioners and ask he would have his proof. I think that he will not call them and if he does will he will not report it here. As a reporter I think that it is easy enough and not going out of his way to make a few calls to verify.

Jim Callihan
Jul 20, 2009 3:53pm [ 29 ]

According to the County's website (Water & Sewer Dept), Forsyth County is contracted to purchase "1.62 billion gallons of water per year" from the City of Cumming. Unless my math is off, that equates to less than 4.5 million gallons per day.

While realizing the County's penchant for giving hundreds of thousands of dollars to private consultants, and also understanding that no matter how costly, this is often the prudent choice, for liability reasons; I would implore them to find a local hydrologist to investigate potential (County-owned) sites for well-fields. Once that is completed, I would then hire an engineering firm to design the pump stations (well system) in conjunction with a treatment system (water plant).

It was stated by one of the Commissioners recently, that there is around 27 million dollars of reserve capital. If they truly want to stimulate economic growth, while providing for the very foundation that poured into that reserve fund, I can think of no better use or opportunity than to secure potable water for this County.

Or...they can hope Congress takes care of lil' ol' Forsyth. But don't hold your breath.

jp
Jul 20, 2009 10:18pm [ 30 ]

Isn't this about water? There will be no growth without a reliable water supply. There will be nothing without water! Lake Lanier is not a reliable source and therefore the city is not a reliable source. The county MUST find alternative sources. Tam and Bell are blocking any and all attempts to find alternative sources. They want a new contract with the city and nothing else. Why? Tam is beholding to the city. He has a sweetheart deal with the city on his restaurant and his supporters are the old time moneyed land owners who are responsible for all the blue pipe farms that are holding down your property values. Check both Tam's and Bell's political contributors. Most of the money comes from land owners and developers. The same people that are responsible for the over development and overbuilding in the county. Bell is a bankrupt tax dodger and a moronic pawn of the influential and Tam is corrupted by his restaurant deal. They could care less about the average county resident or their future.

Mario C
Jul 22, 2009 7:49am [ 31 ]

jp (or jim boff for those that don't know), seems to me you and Steve Carter have evaded a very important question that was raised during this discussion.

It appears that jim boff may be misleading the public about his involvement with the appraisals on the golf course. He was quoted in the newspaper as saying other Commissioners were asking for the appraisals to delay or perhaps screw district 5 out of parks or green space and delay the purchase of the golf course.

It was then raised by two others that it was perhaps jim boff that actually requested the appraisals. Carter was asked to investigate and to date nothing has happened.

I have poked around and found that jim boff actually opposed the public being able to comment if the county were to buy the golf course. It seems that one commissioner said that if the county were to buy it then public meetings should be held for input before the deal were consummated. jim boff was the only commissioner to oppose that idea on two separate occasions.

What does that tell you?

I guess the reality is this, when it comes to this being a place for local news, this site is biased and will only investigate and report what it feels is in the best interest of it's owners and the politicians it supports.

I would ask that anyone that advertises on this site be wary of that issue and decide if you want to be forever linked to what has become a propaganda machine for Paul Baron, jim boff, Jim Harrell, Jim Quinn and Gerry Sullivan.

Here is the sordid truth:

Other places on this site have shown that Paul Baron bought Hometowntimes, parent of cumminghome, from Commissioner Jim Harrell (makes you wonder why Harrell is pushing for the golf course, huh?)

jim boff is the hand picked activist chosen by Lanier Lifestyles to deliver a golf course at taxpayer expense. Lanier Lifestyles is Paul Baron, Jim Quinn and Gerry Sullivan.

Jim Quinn is Jim Boff's appointee to the planning commission. Quinn opposed a recent project that will pump millions into the economy and put hundreds to work in a 4-1 vote. It is thought that Quinn is in place to oppose new growth (revenue for the county) as a ploy to force the purchase of the golf course. Quinn is also the upstanding citizen that has had a couple of DUI's and was 3 years late paying property taxes on his rental apartments to Forsyth County. That's the rumor anyway, I am not sure if it is correct but heard from many, many people.

Steve Carter and his late wife were the campaign committee to get jim boff elected. Steve Carter is the one that owns or manages cumminghome.com

Steve Carter is the son-in-law of Chairman Charlie Laughinghouse. Laughinghouse embarrassingly promoting jim boff and even waved signs in intersections and exerted political pressure on others to gain contributions and support for his candidate.

If you don't think this is an incestuous group then you better think again. It is all carefully put into place to spend your tax dollars on a golf course that nobody wants.

Funny though how it all gets ignored around here, huh?

David Richard
Jul 22, 2009 9:23am [ 32 ]

Mario C, here is the reality you refuse to acknowledge, even when it is staring you right in the face.

There is NO issue regarding Jim Boff allegedly requesting appraisals for the golf course. He cannot do it alone. There MUST be a majority vote of the county commission in order to expend county funds. There is no getting around that. Our county attorney (whom I know very well) would not allow that to happen. He's also the one authorized to engage appraisal firms. There is NOTHING to investigate.

Second, just because Steve Carter runs a web site that REPORTS news, doesn't mean he has investigative resources. Nor is he obligated to investigate anything, especially that which is alleged by certain people of questionable intelligence and veracity.

Third, your assertion that Jim Harrell is "pushing for the golf course" is wholly and factually incorrect. Given the makeup of the current board and the support given to other elected members of that board during the last election, if Jim Harrell were pushing for the golf course, it would already be a done deal as he would be (at least) the third vote.

Fourth, while I do not agree with Jim Boff's appointment to the Planning Board, I fail to see how reducing tax revenues by opposing growth would enhance the county's ability to fund the purchase of a golf course, especially when funds are in very short supply right now. Your assertion is illogical and makes absolutely no sense whatsoever.

Fourth, you should never have a lot of references to "thought" and "rumor" in your summary of "the sordid truth". Makes you look a little foolish.

Finally, if you weren't paying attention, this is an article about water issues, not the golf course. Try to keep on target here. The more important issue is if there is no Congressional action in the next few years, the ONLY municipalities allowed to withdraw water from Lake Lanier will be Gainesville and Buford. Notice that the city of Cumming is NOT on that list.

Kinda makes that whole "We need to look at ALL outside resources" argument I made years ago, and the majority of commissioners made this year, look a whole lot more important now, doesn't it?

Dale Wheeler
Jul 22, 2009 10:17am [ 33 ]

Much as I hate to waste time disagreeing with someone so completely irrelevant as the discredited ex-Commissioner David Richard, I have to correct his feeble attempt to spin what is a very big issue: Did Jim Boff lie to the media?

David says "there is NO issue regarding Jim Boff allegedly requesting appraisals for the golf course. He cannot do it alone."

That is absurd! Any commissioner can request anything at any time. He DOES NOT need majority approval for that. You and your bff Boff should stop trying to deceive the public.

The fact remains that Boff clearly and unequivocally accused "other commissioners" of having made the request. They did not. HE DID!

David Richard
Jul 22, 2009 10:30am [ 34 ]

Plagiarist Richard "Dale" Wheeler, please answer the following questions:

How many years have you served in an elected official capacity?

What courses have you taken at an accredited school which qualifies you to judge the legality of the actions of an elected official?

How many executive sessions have you attended of the Forsyth County Board of Commissioners since Jim Boff was elected?

I will repeat again for those too stupid to understand (this means you, Plagiarist Richard "Dale" Wheeler):

Any commissioner can request anything at any time, but to expend county funds of ANY kind, a majority of commissioners must vote in an executive session or public meeting of that body. It is illegal if they do not do so, and our county attorney would not allow it to occur for that very reason. And he engages the firms for appraisals. Period. End of sentence.

You are a liar, a plagiarist and a moron, Richard "Dale" Wheeler. Period. End of sentence.

David Richard
Jul 22, 2009 10:34am [ 35 ]

Oh, and by the way, this is STILL a thread about water, Plagiarist Richard "Dale" Wheeler.

But it's a whole lot easier to just ignore that little fact when your boy Bell is the one vote holding up what could be an alternative source of water for this county when the city of Cumming's lake intake dries up in three years, isn't it?

dale wheeler
Jul 22, 2009 12:19pm [ 36 ]

It's good to hear the discredited ex-commissioner admit he is wrong. First he says a commissioner cannot request appraisals alone. But in his last post he contradicts that and says he can. So, David, were you lying the first time or are you lying now?

Gary Cooper
Jul 22, 2009 1:22pm [ 37 ]

Last time on the Boff-golf course issue: Commissioner Boff can make all the requests (and others can too) he wants in regards to the golf course in an executive session. However, for that to be an "official appraisal request" a vote must be taken because it would require county funds to be issued for the appraisal to begin. So Boff did not get these appraisals done alone. His rant (which is over a week old) is more about his district not getting enough "love" when it comes to SPLOST spending than some other districts. He just happened to throw in the golf course issue with his comments. Commissioner Boff is not always right as no other commissioner is. His stance on this golf course I cannot agree on, but the political attacks need to be left alone.

Now back to the main topic. I would love to hear some ideas about our water situation. Given the judge's ruling and the fact Congress seems to be punting this back to the states to handle, the county (and the city for that matter) will need to come up with some ideas for water supply. Has the county thought about sharing or purchasing water from Gwinnett County or the City of Gainesville? Given that both of these entities can continue to use water from Lanier because of their previous intakes in the old Chattahoochee River, this might be a good thing to look into. Also what about our neighbors in Cherokee? They tap into the Etowah River and some parts of Lake Allatoona. Also need to look into well supply. Also, the two Commissioners who continue to block the discussion with Fulton need to at least let negotiations move forward. The city has lost its power to provide us with water and really there is no sense in doing a discussion with them at the current time until the tri-state water issues are solved. Hopefully the EPD will be favorable to the permitting of the county to withdraw water from the river. Also don't be scared about the cities around Fulton. They don't own the river and are permitted by the EPD just like we are requesting. A lawsuit from them would be without merit.

Now with all of this said, I do hope that those of you who think the Governor will win a court appeal on this subject would think about what he is arguing. Our states argument is that reservoir use has changed in the last 50 years and that he wants the judge to rule that Congress should update its definition of what the Lake Lanier reservoir was designed for. No judge will do this and instead will send this issue back to Congress to hash out. Eventually an agreement will have to be made and right now I just don't like the chances before the summer of 2012 deadline.

jp
Jul 22, 2009 3:12pm [ 38 ]

Cooper, your thoughts are right on except one important point. Tam and Bell are preventing any talks with ANY government other than the city. The city water contract with the county is a hugh profit center for the city. Tam and Bell want nothing other than a city contract. I've already stated why. Look into how much the mayor personally contributed to Bell's campaign fund. You would also find that Bell was in charge of the mayor's anti splost drive against the county if Bell had obeyed the law and filed the required documents outlining where the money came from for that anti county campaign. Bell was pro city and anti county in the splost fight and he is pro city and anti county on the water issue. The mayor contributed substantially to Bell's campaign. Its clear to me who Bell is working for, the city.

David Richard
Jul 22, 2009 3:15pm [ 39 ]

Plagiarist Richard "Dale" Wheeler, you are a moron who cannot even understand the English language!

What part of "cannot expend county funds without a majority vote" do you NOT understand, you Neanderthal? Request all day, but without a vote, you get nothing as a county commissioner.

Now, to water solutions. Fulton County has an intake in the river - no Corps of Engineers influence whatsoever. They have an allocation nearly twice what they use today, and their extra capacity is about 2.5 - 3 times what we'd need.

Simple solution - open up talks with Fulton County. But that takes four votes, two of which are going to be tough to get as long as Bell and Tam are on the commission.

The county has looked at Gwinnett County, but they do not have a bulk rate for their water, which makes it very expensive for us.

Gary Cooper
Jul 22, 2009 4:57pm [ 40 ]

JP...thanks, but I know all about Commissioners Bell and Tam and how "well" they get along with the City of Cumming. Don't get me wrong, I like the city (I am a resident), but I also think both they and the county need to lookout for the interest of all of Forsyth and cooperation from the city would be a good thing. Unfortunately, the one thing I despise the most is how the city doesn't want to cooperate and instead have their cake and eat it too.

David Richard, thanks for filling me in on the situation with Gwinnett supplying water. I knew of Fulton's extra capacity, but was unaware of how much. I agree that is a road it would be nice to open talks about. Just wanted to throw out the other options to see if any of those have been explored. I think everyone who agrees on the Fulton talks should get on the ball and email Commissioner's Bell and Tam because obviously the whole city avenue is not going to work.

Jim Callihan
Jul 23, 2009 8:40am [ 41 ]

I find the commissioners silence on vialble options for potable water very troubling; this is NOT something to procrastinate over. Putting all the eggs in one basket, so to speak, with the City is ludicrous.

And speaking of ludicrous, I also find the commissioners willingness to expand an enterprise for the government ("new" sewer ordinance, which coincidentally is virtually a verbatim ordinace of Cumming's)...very taxing.

Any representative who serves to expand government is unfit as a Republican. Government is NOT an entitiy unto itself, all-powerful, omnipotent, regardless of what Obama/Pelosi believe and practice.

"We The People..." are dying for lack of representation - on every level. Commissioners - GET BUSY FOR US!

Dale Wheeler
Jul 23, 2009 1:58pm [ 42 ]

I love it when David Richard comes unhinged!

It's so darned easy to expose him for the buffoon he is.

He still doesn't have a clue that it's what cost him the election.

David Richard
Jul 24, 2009 4:35am [ 43 ]

Plagiarist Richard "Dale" Wheeler, you remain the only person in Forsyth County who continuously rehashes old news.

Nobody, including me, cares what happened in the last election. Except you, who simply keeps harping on it as if it matters to anyone.

The only buffoon on this website right now is you, who cannot understand the English language, and cannot answer direct questions asked of you.

But let's try this again.

Please tell us, Plagiarist Richard "Dale" Wheeler, how it makes any sense whatsoever to negotiate with an entity that may not have a valid water withdrawal permit in the next 3 years (city of Cumming), and NOT negotiate with an entity that is guaranteed to have one (Fulton County). Are you publicly saying that your boy Bell was wrong when he voted against opening up discussions with Fulton County earlier this year?

Answer the question directly, Plagiarist Richard "Dale" Wheeler.

Dale
Jul 24, 2009 5:30am [ 44 ]

David, if what you claimed during the last election were true, we wouldn't need to negotiate with anyone. Didn't you tell us Forsyth County is "this close" to having its own permit to withdraw water?

Now, that's the last question I'm going to answer from someone as irrelevant as you.

David Richard
Jul 24, 2009 5:40am [ 45 ]

Well, I guess that proves that you're not only a plagiarist, a liar and a moron, but now you are a coward as well.

Thanks for the "Profiles in Courage" moment, Dickie.

Gary Cooper
Jul 24, 2009 11:18am [ 46 ]

Irrelevancy in itself is a claim made by those who are themselves irrelevant.

How about sticking to current events and not rehashing a year old election? Your arrogance on your election win rivals that of the current President.

Dale Wheeler
Jul 28, 2009 2:17pm [ 47 ]

Ever heard of the First Amendment, Gary?

I take no credit for Patrick Bell's win over David Richard. The credit all goes to Patrick. He worked his tail off 24/7.

David Richard also gets a little credit. He self-destructed by engaging in the same childish postings he continues to engage in today. I just gave him a few gentle nudges then got out of the way. Voters quickly discovered what a pseudo-intellectual egomaniac he is and chose to kick him out of office. That's why today, he is irrelevant.

Gary Cooper
Jul 28, 2009 4:04pm [ 48 ]

Yes I have and you have the right to say what you wish. However, rehashing old arguments just brings you down to the level of a schoolyard bully. I mean just last summer, you and others involved with the Bell campaign said the same things about David Richard and that his rants and raves were nothing but childish, yet you come on here and conduct yourself in the same manner that you claimed to be fighting against?

You don't have to agree or even like David Richard, that's fine, but keep on current topics and not something that happened over a year ago. Seriously this whole time I know your positions on Jim Boff and David Richard, yet I don't know your stance on the water issue. I would love to know what your opinion is and that of the candidate you supported. What are his ideas on water once the city loses its right to pull from Lanier?

Jim Callihan
Jul 29, 2009 11:16am [ 49 ]

Here’s what we get from Congress (the typical “we own it all - screw the states” mentality).

Read this proposed bill (S 787); note the “all intrastate waters” clause, as well as “ACOE waters”): http://thomas.loc.gov/cgi-bin/query/z?c111:S.787:

Resist tyranny.

Add a Comment

Please be civil.

( Formatting Your Comment)

This question helps prevent spam:

Water conservation
Hometown Times Bulletin Board

Visit Our Sponsors