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Kemp: SCOTUS decision on water wars case 'a resounding victory for Georgia'

By Staff and wire reports
Posted 12:43PM on Thursday 1st April 2021 ( 3 years ago )

Both Georgia Gov. Brian Kemp and State Attorney General Chris Carr have applauded Thursday's U.S. Supreme Court ruling dismissing Florida's ongoing lawsuit over Georgia's use of water from the Apalachicola-Chattahoochee-Flint River Basin. 

"The Supreme Court’s unanimous decision is a resounding victory for Georgia and a vindication of years-long effort by multiple governors and attorneys general here in the Peach State to protect our citizens’ water rights," Kemp said in a statement released shortly after the decision was handed down. "Our state will continue to wisely manage water resources and prioritize conservation, while also protecting Georgia’s economy and access to water."

Carr reiterated the governor's remarks.

"Today the Supreme Court of the United States, in a unanimous decision, affirmed what we have long known to be true: Georgia’s water use has been fair and reasonable,” Carr said. "We will continue to be good stewards of our water resources, and we are proud to have obtained a positive resolution to this years-long dispute on behalf of all Georgians.”

In the lawsuit, Florida accused the state of Georgia of over-consumption of water from the ACF Basin to the detriment of the oyster industry in the Apalachicola Bay. 

Lake Lanier is part of the ACF Basin, located in the northern part of the river system. 

In Thursday's decision, Justice Amy Coney Barrett wrote for the court, stating that Florida failed to prove its case.

"Florida’s own documents and witnesses reveal[ed] that Florida allowed unprecedented levels of oyster harvesting in the years before the collapse" and also "failed to adequately reshell its oyster bars." Further, “the data and modeling of its own experts … show[ed] that Georgia’s consumption had little to no impact on the Bay’s oyster population.” The Court also found “a complete lack of evidence that any river species suffered serious injury” from Georgia’s consumption.”

The decision further stated "We emphasize that Georgia has an obligation to make reasonable use of Basin waters in order to help conserve that increasingly scarce resource. But in light of the record before us, we must overrule Florida’s exceptions to the Special Master’s Report and dismiss the case."

Florida's lawsuit had been before the court twice in the past three years. 

Follow this link to read the full opinion.

http://accesswdun.com/article/2021/4/993285/kemp-scotus-decision-on-water-wars-case-a-resounding-victory-for-georgia

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