Statement From Florida Department of Environmental Protection Secretary Michael W. Sole Regarding United States Court of Appeals Decision in Apalachicola-Chattahoochee-Flint River System Litigation

“Today’s decision is a major victory for Florida in protecting water flows to the Apalachicola River and the ecosystem; and it clearly supports Florida’s position that United States Army Corps of Engineers and Georgia cannot agree to reallocate storage in the Lake Lanier reservoir, to provide more water for Atlanta for instance, without Congressional approval.

“The court’s opinion reaffirms that if the Corps reallocates storage in the lake, it would have significant adverse impacts to the Florida’s environment.”

BACKGROUND

In January 2003, the Corps, Georgia and other parties unveiled a settlement agreement in which the Corps committed to provide Georgia at least twenty years of “interim” water supply storage contracts and to reallocate Lake Lanier’s storage to municipal and industrial uses. Florida intervened in the case and objected to the settlement agreement. The court ultimately approved the settlement agreement despite those objections. Florida appealed that judgment. Today, the court’s decision invalidates the 2003 agreement between the United States Army Corps of Engineers, the State of Georgia, Southeastern Federal Power Customers, Inc. and a group of Georgia water supply providers.