(Jan. 30, 2009, The Anniston Star)

For metropolitan Atlanta, the stakes — or the lake levels — could not be higher.

First, the U.S. Supreme Court let stand a lower-court decision that invalidated the “secret” plan to draw more water from Lake Lanier than was agreed to by the U.S. Army Corps of Engineers. Governments in metro Atlanta, Alabama and Florida then threatened to challenge Georgia’s right to withdraw any water at all.

Seeing this coming, the Corps issued an opinion last week stating that the Corps has the legal authority to supply the Atlanta area with water from the lake. This was no surprise, for to rule otherwise would be admitting that the current policy was as illegal as the plan that was invalidated.

Sure enough, the downstream states filed a motion in U.S. Dis-trict Court in Jacksonville, Fla., arguing that since Lake Lanier was not created to supply drinking water to metro Atlanta, withdrawals for that purpose required congressional approval, which was never granted. Therefore, all withdrawals should stop.

Unless the federal court dis-covers something that so far has not been revealed, the law appears to be on the side of Alabama and Florida.

The law may be, but reason is not. How can you deny water to the residents of metro Atlanta who built homes and businesses on the belief that the water was theirs?

It is one thing to tell the area that it cannot withdraw more in anticipation of future growth. But turning off water to existing residents is not a practical solution.

The natural inclination is for Alabama and Florida to tell Georgia, “Serves you right.” Our neighbor could have simply continued to withdraw what it was with-drawing — approximately 12 percent of Lanier’s reservoir. It could have restricted future growth and water use. And it could have come to the negotiating table to find a compromise rather than go behind the backs of Alabama and Florida to get even more water.

If that had happened, then metro Atlanta would not be facing the crisis that will come if the federal court again rules against it.

The bigger question, however, is what will happen to the people living there now if they can no longer get water from Lake Lanier?

Let’s not let it come to that.

Rather than allow this case to run its course, Georgia should offer to return to something close to the pre-controversy withdrawals and lay out plans to limit growth and make better use of the water it gets. That done, Alabama and Florida should support congressional approval of this arrangement. Then the three states should get to work on a water policy that will serve the interests of all.

This has gone on too long.

(Original Article Here)

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