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Judge's Ruling in Phase One
By now you have heard and read about the Tri-States litigation ruling by Judge Magnuson in federal court in Jacksonville, Florida. In Phase One of the litigation, the judge ruled against the CORPS of Engineers, Georgia, and other water suppliers in our state. The judge's decision essentially says the lake was authorized by Congress only to benefit hydroelectric power, navigation and flood control.  He said the original statute did not authorize  storage of water for municipal and industrial water supply.

He relied on a 1958 requirement for Congress to approve storing water in the Lake for drinking water for Georgia. According to Judge Magnuson, the Corps has not obtained the necessary approvals for the Lake to be used for drinking water, even though the Corps and now nearly four million Georgians have relied on it for that purpose for the last 50 years. He gave the parties 3 years to resolve the situation through Congress. If Congress does not authorize Lanier to be used for water supply within three years, then releases through Buford Dam for water supply would revert to 1975 levels. This would reduce the water supply for Georgia by 40 to 50 percent, causing extreme hardship for Georgia.

Lake Lanier Association fighting for recreation
Your Association is an intervenor in this Tri-states litigation and has carried the banner for recreation as an authorized purpose of Lake Lanier. We presented an outstanding case for recreation during the past 12 months and were hoping for an explicit ruling that recreation is an authorized purpose. Unfortunately, Judge Magnuson chose not to rule on the issue in his decision.

But, the fact that he did not rule on the issue is a partial victory for Georgia, because it denied Florida and Alabama's request that the Corps not be allowed to keep water in the lake for recreation. We remain convinced that recreation is a fully authorized purpose of Lake Lanier, and we will continue to work with the Corps to ensure that it manages lake levels to benefit recreation and the people and businesses that depend on Lanier's recreation-based economy.

Upcoming Legal Activities
The Georgia parties to the Tri-states litigation are studying the decision and will have a game plan within the next several weeks.

Governor Perdue has pledged to appeal the Phase One ruling. He convened a meeting last Thursday of interested stakeholders and politicians to establish a team to work together to support Georgia's next actions.

Jackie Joseph, president, and Val Perry, executive vice president, represented your association at the meeting and will represent the interests of our recreation-based economy in the State effort. The CEO of Georgia Power, Mike Garrett, will quarterback the effort as the State moves forward.

Phase Two of the litigation is now under way, in which the Corps' management of the ACF system since 2006 will be litigated. This phase will be very critical for Lake Lanier in terms of the operational management of the water releases from Buford dam. The LLA will participate in this phase, as it will determine how much water is drawn out of Lanier, including for the benefit of endangered Florida species and during drought situations.

The LLA is studying the possibility of asking Judge Magnuson to give us an explicit ruling on whether recreation is an authorized purpose of Lake Lanier. We are prepared to represent our membership in this effort as the Tri-states litigation continues.