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4A I DAWSON COUNTY NEWS I dawsonnews.com
Wednesday, August 15,2018
Water wars may drag on even longer
New special master takes case between Florida, Georgia over river flow
By Nick Bowman
DCN Regional Staff
Georgia’s longtime
water fight with Florida
likely will take even lon
ger after a new special
master was appointed by
the U.S. Supreme Court
to handle the dispute.
New Mexico-based
judge Paul Kelly, who
serves as a senior judge
on the 10th Circuit Court
of Appeals in Santa Fe,
replaces Maine attorney
Ralph Lancaster as the
special master for the
Florida v. Georgia case,
commonly called the
“water wars” case.
The appointment
was made by Supreme
Court justices on
Thursday, Aug. 9:
“It is ordered that the
Honorable Paul J. Kelly,
Jr., of Santa Fe, New
Mexico, is appointed
Special Master in this
case with authority to fix
the time and conditions
for the filing of addition
al pleadings, to direct
subsequent proceedings,
to summon witnesses, to
issue subpoenas, and to
take such evidence as
may be introduced and
such as he may deem it
necessary to call for.”
A new special master
for the case could drag
out proceedings if Kelly
chooses to hold hearings
to go over the original
arguments of the case in
addition to the new ques
tions the Supreme Court
has ordered him to
answer.
In June — the final
month of the most recent
court term that ended
with an earthquake as
Justice Anthony Kennedy
announced his retirement
— the Supreme Court
kicked the case back to
the special master, the
court-appointed lawyer
who adjudicates much of
the case before it gets
before the justices.
That special master
had been Lancaster. For
years, he handled
Florida’s lawsuit against
Georgia over the Peach
State’s use of water flow-
ing through the
Apalachicola-
Chattahoochee-
Flint River Basin. Kelly
will now pick up the
work to answer the addi
tional questions posed by
the court that will deter
mine the future of
Georgia’s water use.
The case centers on
Lake Lanier and the
other reservoirs main
tained by the U.S. Army
Corps of Engineers along
the river basin.
In the June opin
ion written by Justice
Stephen Breyer, the court
set out the new tasks for
the special master:
“First, has Florida suf
fered harm as a result of
decreased water flow
into the Apalachicola
River? (The Special
Master assumed ‘yes.’)
“Second, has Florida
shown that Georgia, con
trary to equitable princi
ples, has taken too much
water from the Flint
River (the eastern branch
of the Y-shaped river sys
tem)? (Again, the Special
Master assumed ‘yes.’)
“Third, if so, has
Georgia’s inequitable use
of Basin waters injured
Florida? (The Special
Master assumed ‘yes.’)
“Fourth, if so, would
an equity-based cap on
Georgia’s use of the Flint
River lead to a signifi
cant increase in stream-
flow from the Flint River
into Florida’s
Apalachicola River (the
stem of the Y)? (This is
the basic question before
us.)
“Fifth, if so, would the
amount of extra water
that reaches the
Apalachicola River sig
nificantly redress the
economic and ecological
harm that Florida has
suffered? (This question
is mostly for remand.)”
The answers to these
questions will determine
the outcome of the case,
which could have dire
consequences for
Georgia’s water con
sumption — especially
in metro Atlanta and for
Georgia farmers.
“Gov. (Nathan) Deal
appreciates Special
Master Lancaster’s work
and professionalism in
presiding over our case
since 2014, which culmi
nated in a five-week trial
before him,” said Jen
Ryan, a spokeswoman
for Georgia’s governor.
“He looks forward to
presenting our legal
arguments to Judge Kelly
and remains confident in
Georgia’s legal position.”
DCES promotes two to division chief roles
From staff reports
Dawson County
Emergency Services
recently announced the
promotions of Captain
Jeff Bailey to Division
Chief of Fire Marshal
and Firefighter/
Paramedic Robby Lee to
Division Chief of
Emergency Medical
Services.
The process consisted
of interviews with rec
ommendations from fire
Lee Bailey
chiefs across the north
Georgia area, according
to a recent press release.
Bailey has more than
20 years of experience in
Dawson County as a vol
unteer and career fire
fighter, the release
states. Lee is a 12-year
veteran with Dawson
County.
“As the fire chief in
Dawson County, I look
forward to both of these
chief officers getting
started in their new
roles,” said DCES
Director Danny
Thompson. “The experi
ence they both bring in
their respective disci
plines will make our
Dawson County one of
www.dawsonnews.com
the safest. The commit
ment that both of these
chiefs have is second to
none. Please welcome
me in congratulating
both of these leaders on
their promotions.”
Bailey and Lee will
assume their new duties
beginning Aug. 27.
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While Georgia attor
neys had been hopeful
after Lancaster’s findings
tilted in their favor,
Supreme Court justices’
June opinion leaves open
the possibility that a con
sumption cap or other
restriction could be
placed on the state.
The lawsuit between
Georgia and Florida went
straight to the Supreme
Court, which is the only
court capable of resolv
ing legal disputes
between the states.
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