Florida
suffered a major setback in the decades long water war with the state
of Georgia when the special master appointed by the U.S. Supreme
Court to hear the case sided with Georgia in a recommendation issued
on Tuesday.
The
State of Florida filed suit against Georgia in 2014 to try to reduce
the amount of water Georgia is taking from the River System.
Florida
has argued that Georgia’s unchecked water consumption has brought
historically-low water flows into the Apalachicola Bay and has caused
oysters to die because of higher salinity, increased disease and
predator intrusion.
Until
recently, Apalachicola Bay accounted for approximately 10 percent of
the nation’s Eastern oyster supply.
The
oyster industry in Apalachicola collapsed in 2012 leading to a
Commercial Fisheries Disaster Declaration from the U.S. Department of
Commerce in 2013.
Special
Master Ralph Lancaster was named by the US Supreme Court to
hear the case – on Tuesday he issued a 137 page report recommending
that the supreme court deny Florida's request for relief.
Lancaster
said Florida did not prove that imposing a cap on Georgia's water use
“would provide a material benefit to Florida.”
Lancaster
said he does believe the 2012 collapse of the Apalachicola Bay oyster
industry was caused by decreased flows from the river and not from
mismanagement as Georgia argued.
He
also pointed to Georgia's “largely unrestrained”agricultural
consumption of water as a major factor on the basin water flow.
The
number of acres Georgia farmers have under irrigation has soared from
75,000 acres in 1970 to more than 825,000.
Part
of the issue is that the US Army corps of Engineers was not a party
to the lawsuit.
Lancaster
said that since the corps oversees the dams and reservoirs that
control water flow through the river system he could not devise a
settlement between Florida and Georgia without the Corps'
participation.
He
wrote that without the ability to bind the Corps, he did not feel
that the court could assure Florida the relief it seeks.
The recommendation will now be considered by the U.S. Supreme Court for a final ruling.
The recommendation will now be considered by the U.S. Supreme Court for a final ruling.
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