Lawmakers Review Plans to Increase State Water Supply

ATLANTA – In an ongoing effort to address Georgia’s pressing water needs, the Joint Study Committee on Water Supply held a meeting at the State Capitol on Wednesday, August 24, 2011. The meeting focused on Georgia’s ongoing litigation over Lake Lanier and the activities of the Governor’s Water Task Force.

“While the recent court ruling seems to secure Georgia’s authority to use Lake Lanier for water supply purposes, the lake remains a federal reservoir with federal restrictions,” said State Representative Lynn Smith (R-Newnan), the committee’s co-chair. “As one of the fastest growing states in the country, we cannot allow these federal restrictions on metro Atlanta’s primary water source to limit Georgia’s growth, economic development, and quality of life. We must continue to invest in our state’s long-term growth by expanding our water supply infrastructure so that businesses will continue bringing new jobs to Georgia.”

The meeting began with a presentation by Nels Peterson, Counsel for Legal Policy for the Georgia Department of Law. Mr. Peterson gave the House and Senate members an update on the ongoing litigation concerning Georgia’s water supply usage of Lake Lanier.

In March, the 11th U.S. Circuit Court of Appeals vacated a 2009 order by Senior U.S. District Judge Paul Magnuson, which found it illegal for the Army Corps of Engineers to draw water from Lake Lanier to meet the water supply needs of metro Atlanta residents. In its historic decision, the 11th Circuit held that both the Rivers and Harbors Act of 1946, which authorized Buford Dam and Lake Lanier, and the Water Supply Act, give the corps the authority to use Lake Lanier as a water supply source for metro Atlanta. Therefore, the court ordered the Corps to determine how much water it could supply Georgia from Lake Lanier, a process that is still ongoing.

“The 11th Circuit’s decision was great news for Georgia, but it remains unclear how much water Georgia can actually use from Lake Lanier,” said State Representative Mark Hamilton (R-Cumming), member of the Joint Study Committee on Water Supply. “Regardless of how that question is answered, we must continue to expand our state’s water supply infrastructure. This is the only way to ensure that we continue meeting the needs of our growing state.”

Governor Nathan Deal took direct action to ensure the continued stability of Georgia’s water supply during his 2011 State of the State address, when he announced a commitment of $300 million over four years for reservoir and water supply development. Gov. Deal also signed an executive order this year directing Georgia Environmental Finance Authority (GEFA) to convene a Water Supply Task Force to provide guidance in implementing the Governor’s Water Supply Program. This task force has since been divided into two subcommittees: the Finance Subcommittee and the Technology Subcommittee. During yesterday’s Joint Study Committee on Water Supply meeting, House and Senate members heard from the chairs of these subcommittees.

Susan Hart Ridley, Chair of the Task Force’s Finance Subcommittee, explained the anticipated allocation of the Governor’s $300 million commitment during Wednesday’s meeting. The first $46 million of these funds were appropriated in the FY 2012 state budget as state bonds for reservoirs, with $25 million going to the Department of Community Affairs (DCA) and $20.75 million for GEFA. According to Ridley, similar appropriations are planned for the next three years, for a total investment of $211.5 million for state water supply. The Task Force then plans for the remaining $88.5 million to go to GEFA, which will pledge revenues from the Reservoir Fund and Georgia Fund to support the necessary bonds. While these funds are used over the next four years, the Task Force will coordinate the use of GEFA funds so that they work in tandem with DCA project investment, providing viable financing options for local governments.

“While $300 million sounds like a lot of money, it’s not that much for the number of projects and short time frame we are working with to simply maintain Georgia’s water supply. That’s why we need to make sure we don’t waste time or money on the wrong projects,” added Rep. Hamilton.

Brent Dykes, Chair of the Task Force’s Technology Subcommittee, told the Joint Study Committee on Water Supply about how the Task Force plans to ensure that the $300 million is spent only on water projects that ensure the best use of the limited funds. With this in mind, the Technology Subcommittee has worked on developing a comprehensive statewide water supply plan for Georgia, methods for evaluating and selecting proposed water supply projects for state funding, streamlining permitting and other issues facing water supply projects, and policies for promoting projects that meet regional water demands. According to Dykes, this could be accomplished by expanding existing reservoirs, converting flood prevention reservoirs into water supply reservoirs, drilling new wells, and reopening closed wells.

The Governor’s Water Supply Task Force will discuss the findings of its subcommittees during its meeting scheduled for September of this year. If approved by the Task Force, a statewide water supply plan will then be made available for public comment. After receiving public input, the Task Force will make any necessary changes, pass the revised plan, and submit it to the Governor. The Task Force plans to complete this process by October.

Representative Lynn Smith represents the citizens of District 70, which includes portions of Coweta and Heard counties. She was elected into the House of Representatives in 1996, and is currently the Chairman of the Natural Resources & Environment Committee. She also serves on the Appropriations, Legislative & Congressional Reapportionment, and Rules committees. For more information about Rep. Smith, please visit her official Facebook fan page at the following link: http://www.facebook.com/pages/State-Rep-Lynn-Smith-R-70/62557803511.

Representative Mark Hamilton represents the citizens of District 23, which includes parts of Cherokee and Forsyth counties. He was elected into the House of Representatives in 2006 and currently serves as Chairman of the Governmental Affairs Committee. He also serves on the Appropriations; Energy, Utilities & Telecommunications; Industrial Relations; and Transportation committees. For more information about Rep. Hamilton, please visit his official House page at the following link: http://www1.legis.ga.gov/legis/2011_12/house/bios/hamiltonMark.htm.

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