Florida Sues Georgia Over Fresh Water Use

In a suit filed with the U.S. Supreme Court Tuesday, Florida is asking the high court to force Georgia to more equitably share fresh water that flows into Florida and Alabama, and Georgia says it plans to fight it.

As heard on the radio

The suit revives a decades-long battle over the Apalachicola-Chattahoochee-Flint River Basin system that serves the three Southeastern states.

“At present, the Apalachicola Region’s ecosystem and economy are suffering serious harm because of Georgia’s increasing storage and consumption of water from both the Chattahoochee and Flint River Basins,” reads the suit. “Large, and ever-increasing, amounts of water … are withdrawn, impounded and consumed upstream for municipal, industrial, recreational, and agricultural uses permitted by Georgia. These uses are forcing Floridians to shoulder the heavy burden of Georgia’s growth.”

Florida Gov. Rick Scott said in a statement the suit was the only way to ebb Georgia’ s water use from the Chattahoochee and Flint river basins, which he called “unmitigated and unsustainable.”

“After 20 years of failed negations with Georgia, this is our only way forward in securing the economic future of Northwest Florida,” Scott said, blaming the near collapse of Florida’s oyster industry on Georgia’s water use. (Read the rest of the statement here)

But Brian Robinson, of Georgia Gov. Nathan Deal’s office, said the suit is frivolous.

“If they want to take us to court, we will fight for Georgia’s water rights vigorously,” Robinson said. (Read the response from Gov. Deal’s office here)

Robinson defends Georgia’s water use, saying consumption has gone done while the state’s population has increased.

Scott had all but promised to sue after Commerce Secretary Penny Pritzker declared a commercial fishery failure along Florida’s west coast due to excessive drought during the 2012-2013 winter season.

Robinson blamed Florida’s problems on overfishing and natural causes.

“In the past, when there have been low water flows, it’s not because metro Atlanta was using it, it’s because there was a drought. Nobody had water. We didn’t have water here either,” Robinson said.

Robinson said Florida ignored efforts by Deal last year to strike a broader deal with Georgia and Alabama over the system’s water use.

In 2011, the 11th Circuit Court of Appeals ruled metro Atlanta had the right to tap into Lake Lanier, which is part of the Apalachicola-Chattahoochee-Flint River Basin. The Supreme Court later declined to review the case, handing Georgia a big win in the interstate feud.

Calls to Florida’s governor’s office were not immediately returned.