About Dawson County news. (Dawsonville, Georgia) 2015-current | View Entire Issue (Aug. 15, 2018)
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. NOW OPEN in Downtown Dawsonville Li! Country Store Specialty Coffees I Cappuccinos Lattes I Cold Coffees Deli Sandwiches I Snacks Fruit Cups I Plants Mon-Friday 8am-4pm Saturday 8am-12pm Sunday Closed 774-381-3874 86 Hwy 53 West, Dawsonville (Located just one block on right from Historic Courthouse) BUY 1 COFFEE GET ONE FREE Must present coupon. Expires 8.15.2018 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. LAKEWOOD 400 ANTIQUES MARKET One of the Top 10 Antique Markets in America! Qr v This Weekend! 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