The Maine attorney appointed by the U.S. Supreme Court to oversee the legal battle between Georgia and Florida over water handed Georgia a win Tuesday in his recommendation to the high court.
Florida sued Georgia in 2013 over water consumption in the Apalachicola-Chattahoochee-Flint River Basin, which includes water in Lake Lanier.
"Because Florida has not met its burden, I recommend that the Court deny Florida’s request for relief," Ralph I. Lancaster, Jr. wrote in the 70-page report.
While the two states, and Alabama at times, have been at odds for decades over water in two river systems, Florida and Georgia lawyers and witnesses took to a courtroom in a month-long trial late last year.
Lancaster, who had implored both sides to settle the case, wrote that, "Florida has failed to show that a consumption cap will afford adequate relief."
Florida had blamed the booming metro Atlanta area and agriculture in Georgia for causing low river flows that have imperiled fisheries in Apalachicola Bay. Georgia contended there's not enough evidence to support drastic action that could imperil the state's economy.
"Finally, without the Corps (U.S. Army Corps of Engineers) as a party, the Court cannot order the Corps to take any particular action," Lancaster wrote. "Accordingly, Florida has not proven by clear and convincing evidence that any additional streamflow in the Flint River resulting from a decree imposing a consumptive cap on Georgia’s water use would be released from Jim Woodruff Dam into the River at a time that would provide a material benefit to Florida."
Georgia officials, including Governor Nathan Deal and Attorney General Chris Carr, said they are pleased with Lancaster's take on the case.
"Georgia remains committed to the conservation efforts that make us amicable stewards of our water. We are encouraged by this outcome which puts us closer to finding a resolution to a decades-long dispute over the use and management of the waters of the basin," Deal said in a media statement.
"The special master’s decision is a major step toward securing a victory for Georgia citizens," Carr said. "The State of Georgia put forth a remarkable and unified effort in this case, and bringing closure to this long-running dispute will ensure that our state has adequate resources to grow and flourish, ensuring economic prosperity for years to come."
Jackie Schutz, a spokeswoman for Florida Governor Rick Scott, said the governor's office was reviewing the report but did not offer any comments beyond that.
Lawyers from both states were expected to have an opportunity to weigh in on the special master's recommendation before the Supreme Court weighs in with its decision.
The Associated Press contributed to this story.
