Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

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.



------------------



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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