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Magnuson ruling overturned, granting Atlanta a temporary reprieve
Yesterday, the Eleventh Circuit U.S. Court of Appeals released its decision upholding Georgia's access to Lake Lanier for water supply. This ruling is a complete reversal of a lower court ruling, known as the Magnuson decision, which had given Georgia, Alabama, and Florida until July 2012 to get Congressional authorization to use Lanier for water supply, and then to reach an agreement on the amount. This latest ruling removes the 2012 deadline for the states and instead gives the Corps of Engineers just one year to determine how to operate Buford Dam to support water supply as well as hydropower, flood control, and navigation.
Still pending is the second phase in the litigation concerning federal legal requirements to protect endangered species and other environmental uses. As a leader of the Tri-State Conservation Coalition and a member of the Apalachicola-Chattahoochee-Flint (ACF) Stakeholders group, UCR will continue to advocate for water conservation and healthy instream flows that protect fish, wildlife, recreation, and downstream communities, as well as metro Atlanta's drinking water.
To read the AJC story on the decision, click here.
For more information on the tri-state water conflict, click here.
To learn more about metro Atlanta's water conservation efforts over the past decade, read UCR's "Filling the Water Gap: Conservation Successes and Missed Opportunities in Metro Atlanta," click here.
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"Dirty water" bill threatens Chattahoochee
Please call your call U.S. representative today and urge him to OPPOSE H.R. 2018. Tell him that this bill will harm the Chattahoochee River and other Georgia waterways because if passed, it would:
- prevent the U.S. EPA from stepping in if Georgia fails to adequately protect our waters from pollution;
- abolish EPA's authority to block permits that may negatively affect drinking water, fisheries, wildlife, recreation, and downstream communities; and
- undermine the Clean Water Act's central goal to restore the Chattahoochee and other Georgia waterways to "fishable, swimmable" standards.
To find your representative, go to www.congress.org and enter your zip code. Thank you!
HR 2018 - "Clean Water Cooperative Federalism Act of 2011" - was passed out of the U.S. House Transportation and Infrastructure Committee last week without any public hearing or environmental subcommittee review. This is undoubtedly the boldest attempt to date to dismantle the federal-state cooperation that lies at the heart of the Clean Water Act and has safeguarded our water ways for nearly four decades. When passed in 1972, the Clean Water Act gave EPA the authority to control pollution and improve water quality across the country, helping to protect our waterways for drinking, swimming, and fishing. HR 2018 takes EPA out of the picture, shifting regulatory power back to the states, back to the days when Georgia and other states could dump untreated sewage and toxic chemicals unceremoniously into our rivers and lakes.
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JUNE 29, 2011
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Upper Chattahoochee Riverkeeper (UCR) is a nonprofit, 501(c)(3),environmental advocacy organization dedicated to protecting and
restoring the Chattahoochee River, its tributaries and watershed, for the people, fish and wildlife that depend on the river system.
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