Governor Seeks Injunction to Protect Georgia's Water Resources

Press Release

Georgia Sues Army Corps of Engineers to Protect People over Mussels, Sturgeons

Governor Sonny Perdue announced today that the state of Georgia will seek a court order this week requiring the Army Corps of Engineers to restrict water flows from Lake Lanier and Georgia's federal reservoirs.

"The Corps' nonsensical action to further release vital water from Georgia's already depleted federal reservoirs must not stand," said Governor Sonny Perdue. "There is simply no scientific justification to operate these reservoirs in this manner during a historic drought like the one we are experiencing. The Corps' current operation of the basin will only cause greater harm to the very endangered species they claim to be protecting. If, however, the Corps is determined to make this ill-advised choice in favor of mussel and sturgeon species over Georgia citizens, then I must do all within my power to protect our citizens during this devastating drought."

The state's motion for preliminary injunction is made necessary by the Corps' refusal to modify its operating plan as stated in its written response received by the state at close of business on Wednesday. The response indicates that the federal agency will not abide by the Governor's request for the immediate alteration of releases from reservoirs from the Apalachicola/Chattahoochee/Flint (ACF) river basin, so that releases are only equivalent to inflows, up to 5,000 cubic feet per second (CFS). Governor Perdue's request to the Corps was delivered on Friday, October 12, with a deadline of close-of-business today.

"I am confident that Congress did not pass the Endangered Species Act with the intention of providing protection for species of mussel and sturgeon at the expense of critical human needs," said Governor Perdue. "Litigation is never how I choose to deal with issues, but the Corps has left us no choice. While the Corps' letter indicated that it will work towards a process to address our concerns, Georgia is out of time."

The motion for preliminary injunction will be filed this week, seeking an immediate modification of the water flows leaving Georgia reservoirs to flow downstream intended to provide roughly double the amount of water for endangered mussel and sturgeon species than that which would be provided by nature under these circumstances.

"We are in the midst of the worst drought in Georgia history. Continuing to siphon water out of Georgia now will not only deplete our state's critical water source," said Governor Perdue. "It will also mean less water for the endangered species in the future, because once our water is gone we cannot contribute any more. Moderating our releases now is the only solution that will benefit all involved parties: the citizens of Georgia, Alabama, Florida and the endangered species. It is a shame that our federal agencies have forced us to file suit to protect all of these interests."

In June 2006 the state of Georgia sued the Corps over its operating plan which calls for the imprudent releases of water from Georgia's reservoirs at levels which threaten Georgia's human population and do not have scientific justification for the downstream endangered species.

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