Monday, December 16, 2019

Special master named by the US Supreme Court sided with Georgia over Florida in the battle over water use from the Apalachicola-Chattahoochee-Flint River system

 The Apalachicola Bay area received some bad news last week after the special master named by the US Supreme Court sided with Georgia over Florida in the battle over water use from the Apalachicola-Chattahoochee-Flint River system.

U.S. Circuit Judge Paul Kelly Jr last Wednesday recommended that the US Supreme Court reject Florida's request to limit how Georgia uses water from the river system.

For nearly 30 years Florida has argued that Georgia is taking too much water from the Apalachicola-Chattahoochee-Flint River Basin, hurting oysters and other species in the Apalachicola River and Bay.

Florida argued that Georgia’s water consumption has brought historically-low water flows into the Apalachicola Bay and has caused the local oyster industry to collapse 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. 

Judge Kelly said the state failed to prove the issue was Georgia's fault and said the evidence has shown that Georgia’s water use is reasonable; and the evidence has not shown that the benefits of apportionment would substantially outweigh the potential harms.

Kelly is the second judge the Supreme Court appointed to review the case. 

In 2017, Special Master Ralph Lancaster Jr. also sided with Georgia, determining that while Florida had suffered harm from the decreased water flow in the river basin, it had not proven that limiting the amount of water Georgia consumed would provide the relief it sought. 

Kelly’s recommendation is not an end to the case.

Supreme Court justices must now decide whether to accept or reject his report, convene oral arguments in Washington or call for Kelly to revisit the case. 

If you would like to see Kelly's recommendation go to :





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