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Published Monday, July 27, 2009 in Opinion

Judge's water ruling leaves Georgia up a creek with a weak hand

Editorial

Editor's note: Today's guest editorial is from the Marietta Daily Journal.

This time last year, Georgians were deep in the throes of a record-breaking drought, wondering if there would be enough water to get us through the summer. This summer, the drought is over, and we have plenty of water for the time being.

Instead it's the long-term picture that's scary, especially in the wake of Friday's ruling by a federal judge that most cities and counties will have to stop withdrawing water from Lake Lanier within three years unless they get a green light to do so from Congress.

Georgia, Florida and Alabama have been squabbling for decades over who has the rights to water from the Chattahoochee River, which originates in the northeast Georgia mountains and serves as the major source of Lake Lanier before eventually making its way to the Gulf of Mexico. And while a very long river, the 'Hooch is not a very big river, boasting a severely narrow watershed. That means that metro Atlanta is the biggest city in the country to be served by such a small river. And the loss of access to the Chattahoochee's waters would have a devastating impact, not just on the metro area's future growth, but on the viability of much of the growth that has already taken place.

Federal Judge Paul Magnuson ruled that Lake Lanier was not built to be a source of drinking water, and said that means the withdrawals would have to stop within three years unless Congress gives Georgia permission to continue them.

"The Court recognizes that this is a draconian result," Magnuson wrote. "It is, however, the only result that recognizes how far the operation of the (lake) has strayed from the original authorization."

But getting congressional authorization will be no easy task. Florida's congressional delegation is larger than ours, and even more so when combined with Alabama's. Moreover, Georgia's delegation is not particularly powerful anymore. Johnny Isakson and Saxby Chambliss are up-and-coming senators, but neither they nor any other Georgian currently boasts the kind of clout once exerted in Washington by the likes of Richard Russell, Sam Nunn, Newt Gingrich, Carl Vinson, Herman Talmadge or Walter George. We suspect the current Georgia delegation will be very hard-pressed to persuade their colleagues on Capitol Hill to see things our way.

And don't be surprised to see President Obama leaning hard on Georgia's delegation to cough up votes in favor of his government take-over of health care and for his cap-and-trade tax hike in exchange for his doing what he can to see that Georgia retains access to Lanier.

Judge Magnuson's ruling thus could not have come at a worse time.

There's also the possibility that Georgia officials might now decide to go back to the negotiating table with our neighbors -- but with a much weaker hand. That's not an appealing option either.

Last week's ruling appears to leave Georgia up a creek -- and a soon-to-be-dry creek at that.

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