New! Georgia's Legislative Response to the Drought

By Kate McDonald

The drought of 2007 brought water management legislation to the forefront of the agenda for the Georgia General Assembly. In January 2008, the General Assembly passed the first statewide water plan by a large majority in both houses. The plan calls for the state's Environmental Protection Division to perform a three-year water resource assessment throughout the state to determine the available water supply. Regional water planning councils composed of twenty-five members from each of the 11 newly established regional planning districts will be responsible for predicting future water needs. Based on the assessed water needs and water source capabilities, the EPD and regional water planning councils will then develop a water development and conservation plan. The plan is expected to cost $36.5 million.

Throughout the drought, North Georgia citizens have been most affected by the 61 county outdoor watering ban in place since September 28, 2007. In February 2008, Governor Sonny Perdue announced that he will ease this ban starting April 1, with local government approval, to allow pool filling and hand watering landscaping during limited times. All individuals that take advantage of the eased water restriction will be required to take an online class about water conservation. Cities and counties will continue to be required to meet the 10 percent state-mandated reduction in water use, subject to seasonal adjustments.

Perdue's announcement came in the wake of a federal appellate court decision striking down a 2003 agreement between Georgia and the Corps of Engineer that set aside almost 25 percent of Lake Lanier's storage for Metro Atlanta water supply.

Kate McDonald is an attorney in the Atlanta office of Miller & Martin PLLC, and she is a member of the firm's Environmental Law Practice Group.

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