A RESOLUTION
No._______
WHEREAS, the Board of Water Commissioners of Columbus, Georgia, passed a
resolution at its Board meeting on June 11, 2007 to file suit in its name and
in the name of Columbus, Georgia against the United States Army Corps of
Engineers, the federal agency that manages Lake Lanier and the Apalachicola,
Flint and Chattahoochee Rivers, seeking to insure an adequate water flow in the
Chattahoochee River for the needs of Columbus, Georgia and other certain
relief; and
WHEREAS, if the interests of Columbus, Georgia are not protected and the
Chattahoochee River flow falls below certain required levels in Columbus such a
condition will impair the ability of Columbus Water Works (?CWW?) to discharge
treated wastewater in compliance with regulatory requirements; and
WHEREAS, said reduction in the flows in the Chattahoochee River below the
minimum flows in the permits of CWW could result in changes to the CWW permit
requirements such that CWW would have to spend millions of dollars to modify
its facilities; and
WHEREAS, while there is litigation pending concerning the use and allocation of
water resources among the States of Alabama, Florida and Georgia, the interests
of Columbus, Georgia are not being protected,
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
The Board of Water Commissioners of Columbus, Georgia is hereby authorized to
file suit in its name and in the name of Columbus, Georgia against the United
States Army Corps of Engineers in the United States District Court, Middle
District of Georgia, Columbus Division seeking the relief requested in the
Complaint.
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INTRODUCED at the regular meeting of the Council held on July 10, 2007 and
adopted at said meeting by affirmative vote of _____ members of said Council.
Councilor Barnes voting .
Councilor Davis voting .
Councilor Hunter voting .
Councilor Pugh voting .
Councilor Baker voting .
Councilor Allen voting .
Councilor Woodson voting .
Councilor McDaniel voting .
Councilor Anthony voting .
Councilor Henderson voting .
_____________________________ _______________________________
Tiny B. Washington, Clerk Jim Wetherington, Mayor
COLUMBUS CONSOLIDATED GOVERNMENT
COUNCIL MEETING
July 10, 2007
Agenda Report #_______
TO: Mayor and Councilors
SUBJECT: To pass a resolution authorizing the Board of Water Commissioners of
Columbus, Georgia to file a lawsuit against the U.S. Army Corps of Engineers in
the name of the Board of Water Commissioners and Columbus, Georgia
INITIATED: Board of Water Commissioners and City Manager?s Office
Summary: The Board of Water Commissioners approved at its board meeting on
June 11, 2007 the filing of a lawsuit against the U.S. Army Corps of Engineers
(the ?Corps?) in the U.S. District Court for the Middle District of Georgia,
Columbus Division. The purpose of the lawsuit is to protect the ability of
Columbus Water Works (?CWW?) to discharge treated wastewater in compliance with
regulatory requirements. The Board of Water Commissioners requests the Council
of Columbus, Georgia to pass a resolution authorizing this suit be filed in the
name of the Board of Water Commissioners of Columbus, Georgia and Columbus,
Georgia.
Background: There is litigation pending in the Middle District of Florida in
front of Judge Paul A. Magnuson concerning the use and allocation of water
resources among the States of Alabama, Florida and Georgia but the interests of
Columbus, Georgia are not being protected. There are four (4) separate cases
that were consolidated in March 2007 into one large case styled: In Re MDL-1824
Tri-State Water Rights Litigation. The four cases include two filed by Alabama
and Florida: State of Alabama et al. v. U. S. Army Corps of Engineers et al.;
and State of Florida v. U.S. Fish and Wildlife Service et al.; and two cases
filed by Georgia: State of Georgia et al. v. U.S. Army Corps of Engineers et al.
While the existing cases against the Corps challenge their management of the
reservoir system that control flows in the Apalachicola, Flint and
Chattahoochee Rivers the litigation goal is for each state to obtain an
equitable allocation of the flows from each river basin. In the litigation,
however, needs of Columbus are not protected by the State of Georgia or any
other party.
Without the instigation of the lawsuit authorized by the accompanying
resolution, there is considerable risk that water flows in the Chattahoochee
River will continue to fall below the minimum flows in the State permits held
by CWW which could result in changes to the CWW permit requirements such that
CWW would have to spend millions of dollars to modify its facilities.
Specifically, a CWW wastewater discharge permit was issued by the Georgia
Environmental Protection Division (EPD) with the understanding that water
quality standards in the Chattahoochee River will be met after receipt of the
discharge if the river flow remains above 1150 cfs average daily flow.
Measurements of river flow at the USGS Columbus gage in 2006 and 2007 show
numerous violations of minimum flow levels agreed to by the states of Georgia
and Alabama as necessary to protect water quality established in the FERC
license for the Georgia Power Chattahoochee projects. Those low levels had not
occurred with that frequency in the past.
With substantial increases in water consumption planned for areas upstream of
Columbus and continuing demands for water for endangered species protection
downstream of Columbus, the ability of the Corps of Engineers to maintain
adequate flows in the future at Columbus needs to be addressed. Despite
efforts to get the Corps of Engineers and the State of Georgia to acknowledge
the needs of Columbus, neither entity has given verifiable support to their
belief that adequate flows should be present at Columbus in the future. Based
on an uncertain future and lack of express concern for Columbus? needs, CWW
needs to file this lawsuit to protect the community?s future and pocketbook.
Recommendation/Actions: Approve resolution authorizing the Board of Water
Commissioners of Columbus, Georgia to file a lawsuit against the U.S. Army
Corps of Engineers in the name of the Board of Water Commissioners of Columbus,
Georgia and Columbus, Georgia.
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