Judge rules against Florida in tri-state water dispute

 

(Note: This is more good news on the water / ESA front, as judges appear to be seeing the wrong of trampling upon property rights. However, the Language Deception potholes are here in abundance. It's not a water dispute, it's an agenda to control the water, and has nothing to do with 'protecting' or 'saving' mussels. There are three published versions of this article below.)

 

July 26, 2006


No author provided at originating website address/URL.

The Associated Press.

The Birmingham News

P.O. Box 2553

Birmingham, Alabama 35202

205-325-4444

http://www.bhamnews.com

To submit a Letter to the Editor: [email protected] 

 


Birmingham, Alabama - A federal judge has ruled against Florida's request in a tri-state water dispute to temporarily give it more water from the Chattahoochee River to save endangered mussels.

U.S. District Judge Karon Bowdre's order said Florida officials did not prove that the actions of the U.S. Army Corps of Engineers, which control the flow of water in the river, harm the mussels.

"The Corps cannot control the weather, nor can it be held responsible for the effects of the weather on the mussels' habitat," Bowdre wrote in the order issued Tuesday evening.

Bowdre noted previous efforts by the corps to protect the mussels.

"Providing more water for the mussels than nature has herself demonstrates that the Corps takes seriously its responsibility to ensure that its actions do not jeopardize the continued existence of these mussels," she wrote.

Florida filed the motion before a temporary water use agreement between Georgia and Alabama expired this month.

The states have been trying to work out a permanent water-use agreement.

Georgia and Alabama officials are concerned sending more water downstream to Florida will leave them without enough water for their states.

The issue is part of a larger water-sharing dispute between the states.

"We're disappointed with Judge Bowdre's ruling," said Anthony De Luise, a spokesman with the Florida Department of Environmental Protection.

He said the state will continue negotiations and "will review all the legal avenues available" to protect the species.

Georgia Governor Sonny Perdue said he is pleased with the decision.

"Georgia exhausted all available options for negotiations in an attempt to remain out of court," he said in a written statement. "Ultimately, Florida's demand for more water than is naturally occurring was unrealistic, especially in light of Georgia's current severe drought conditions."

Chris Bence, a spokesman with the Alabama Attorney General's Office, said attorneys have not had an opportunity to review the decision.

A call to Alabama Governor Bob Riley's spokesman was not immediately returned Tuesday night.

Bowdre's order also praised the now-expired interim agreement that was reached by the states.

The agreement "reflects a historic milestone in this dispute that has spanned more than sixteen years," she wrote.


Copyright 2006, The Birmingham News.

http://www.al.com/newsflash/regional/index.ssf?/base/news-23/115393139153960.xml&storylist=alabamanews

 

Other versions of this story:

 

Judge rules against Florida in tri-state water dispute
 

July 26, 2006

 

No author provided at originating website address/URL.

The Associated Press.

Columbus Ledger-Enquirer

P.O. Box 711

Columbus, Georgia 31902

800-282-7859 or 706-571-8565

http://www.ledger-enquirer.com

To submit a Letter to the Editor: [email protected] 


 
Georgia Governor Sonny Perdue is applauding a federal judge's ruling against Florida's request for more water from the Chattahoochee River to save endangered mussels.
 
Perdue says the ruling yesterday evening vindicates Georgia's position that Florida's request was not feasible, considering drought conditions and current reservoir levels.
 
U.S. District Judge Karon Bowdre of Birmingham said Florida officials did NOT prove that the actions of the U.S. Army Corps of Engineers, which control the flow of water in the river, harm the mussels.
 
Bowdre wrote that "the Corps cannot control the weather, nor can it be held responsible for the effects of the weather on the mussels' habitat." She noted previous efforts by the Corps to protect the mussels.
 
Florida filed the request before a temporary water use agreement between the state, Georgia and Alabama expired this month.

The states have been trying to work out a permanent water use agreement.

Georgia officials are concerned that sending more water downstream will leave it without enough for metro Atlanta, which gets most of its drinking water from the Chattahoochee and Lake Lanier.

 

Copyright 2006, Columbus Ledger-Enquirer.

http://www.ledger-enquirer.com/mld/ledgerenquirer/news/local/15125884.htm AND http://www.walb.com/Global/story.asp?S=5199905&nav=5kZQ

 


Judge Rules Against Florida in Tri-state Water Dispute


 

July 25, 2006

 

No author provided at originating website address/URL.

The Associated Press.


A federal judge has ruled against Florida's request in a tri-state water dispute to temporarily give it more water from the Chattahoochee River to save endangered mussels.

U.S. District Judge Karon Bowdre's order said Florida officials did not prove that the actions of the U-S Army Corps of Engineers, which control the flow of water in the river, harm the mussels.

Bowdre's order, issued Tuesday evening, said the Corps can NOT [emphasis in original] control the weather or be held responsible for its effects on the mussels' habitat. She also said the corps has made efforts to protect the mussels in the past.

Florida filed the motion before a temporary water use agreement between Georgia and Alabama expired this month.

The states have been trying to work out a permanent water-use agreement.

Georgia and Alabama officials are concerned sending more water downstream to Florida will leave them without enough water for their states.

The issue is part of a larger water-sharing dispute between the states. Florida Department of Environmental Protection spokesman Anthony De Luise says the state will continue to negotiate and pursue whatever legal action is available to protect the mussels.


Copyright 2006, WSFA.com

http://www.wsfa.com/Global/story.asp?S=5197491&nav=0RdE AND http://www.wtvm.com/Global/story.asp?S=5197508&nav=8fap 

 

Related reading:

 

Anthony De Luise [email protected] or 850-245-2112 

Colleen Castille, FDEP (Florida Department of Environmental Protection) secretary [email protected] or 850-245-2118; Fax: 850-245-2128 Bio: http://www.dep.state.fl.us/mainpage/about/cmc.htm