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ARTICLE · 11 FEBRUARY 2008

A Dispatch From The Water Wars -- The Georgia Front

Morrison Foerster
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Mark Twain’s observation about the relative uses of water and whiskey evidently applies as much in the Southeast as out West.

United StatesLitigation, Mediation & Arbitration

Mark Twain's observation about the relative uses of water and whiskey evidently applies as much in the Southeast as out West.  As an epochal drought persists, Florida and Alabama continue to battle with Georgia over who gets the water from Lake Lanier, a federal reservoir that supplies water to over 3 million residents of Atlanta – and feeds the Apalachicola River that flows down to Florida and Alabama.  The latest skirmish was before the U.S. Court of Appeals for the D. C. Circuit (Southeastern Fed. Power Customers, Inc. v. Geren).

The specific issue before the court was a 2003 agreement between Georgia and the U.S. Corps of Engineers (Corps), the federal agency that operates Lake Lanier.  The agreement would have given metro Atlanta 65% more water from Lake Lanier (representing about a quarter of the reservoir's storage capacity).  Florida and Alabama sued to invalidate the deal, claiming that

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