UPDATE: Supreme Court prolongs Georgia-Florida water dispute

Published 8:53 pm Wednesday, June 27, 2018

ATLANTA – The U.S. Supreme Court has sent a water dispute pitting Georgia against Florida back for “further findings” over whether a water cap on Georgia’s consumption could significantly help Florida without harming its northern neighbor.

The 5-to-4 decision is a setback for Georgia officials who had hoped the high court would agree with a special master’s view last year that Florida had not sufficiently proven its case.

But the court ruled Wednesday that the special master, Ralph Lancaster Jr., had “applied too strict a standard” when he concluded that the court would not be able to draw up a fair remedy.

“We’re preparing for additional litigation, unfortunately,” Richard Dunn, who heads the state’s Environmental Protection Division, told members of the Department of Natural Resources Board shortly after the opinion was released Wednesday morning.

The decision extends this chapter of a costly decades-long dispute that also involves Alabama.

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Florida officials have argued that Georgia’s use of the Chattahoochee and Flint rivers has gone unchecked, preventing enough water from flowing south to the Apalachicola Bay and nearly wiping out Florida’s once-thriving oyster industry.

The Sunshine State wants the court to impose a water cap on its neighbor’s water consumption, something Georgia’s agricultural industry claimed would hurt farmers who rely on the Flint River in southwest Georgia to irrigate their crops.

“This long-standing dispute deserves a resolution,” Gerald Long, president of the Georgia Farm Bureau, said in a statement. “It is our hope that the continued litigation will serve to demonstrate that Georgia’s farmers practice responsible water use and continue to pursue efficient application of this most valuable of our natural resources.”

Gov. Nathan Deal said he remained optimistic that the court would not impose caps on Georgia’s water use.

“Though the Court remanded this case back to the special master following a five-week trial, during which the ineffectiveness of draconian caps placed on Georgia’s water use as a solution was demonstrated, I remain confident in the state’s legal position,” Deal said in a statement.

He also noted a measure passed this session in response to the special master’s concerns that agricultural use of the Flint River was unrestrained. That change was meant to push more farmers toward installing a water-measuring device.

“Georgia remains committed to the conservation efforts that make us amicable stewards of our water resources and Attorney General Chris Carr and I remain committed to making every effort to defend Georgia’s water resources for our current and future citizens,” Deal said.

Florida’s governor, meanwhile, said on Twitter that the ruling was a “huge win” for Florida.

“For nearly thirty years and under five governors, Florida has been fighting for its fair share of water from Georgia,” Florida Gov. Rick Scott wrote. “After decades of failed negotiations, we took our historic action to protect families all the way to the U.S. Supreme Court.

“I am glad that the court ruled in Florida’s favor today and we look forward to further securing a healthy Apalachicola Bay while protecting the thousands of jobs that depend on this natural resource,” he said.

But environmentalists said the ruling gives the three states a fresh opportunity to negotiate a compromise that protects water resources.

“The demands on the water resources in the Chattahoochee aren’t going to go down,” said Kevin Jeselnik, general counsel for the Chattahoochee Riverkeeper. “The demands from agriculture on water use in the Flint aren’t going to go down.

“We just have to manage resources better, conserve more – in Georgia and in Florida – and figure out a path forward with all the states working together,” Jeselnik said.

Gil Rogers, director of the Southern Environmental Law Center’s Georgia and Alabama offices, said the ruling highlights “just how complicated these interstate water battles can be, particularly when there are key decision-makers missing from the table.”

“By allowing for additional time to brief the issues, we hope this will provide an opportunity to forge a better, long-term solution for the river system overall,” he said.