GA, AL Agree On Proposal Amid Lawsuit Over Chattahoochee River Supply

GEORGIA — A longtime lawsuit filed in 2017 by Alabama against Georgia over the water supply from the Chattahoochee River should soon come to an end after a joint agreement, Gov. Brian Kemp's office announced this week.

Kemp, along with Alabama Gov. Kay Ivey, said Tuesday both southern states have reached an agreement with the U.S. Army Corps of Engineers to expectedly end the lawsuit over the river's water supply.

Kemp's office said the lawsuit challenged the Corps policy that permitted Georgia to make water-supply withdrawals near Atlanta.

Residents near the mid- and lower-Chattahoochee River Basin could be granted sufficient minimum water flows during drought periods due to a "first-of-its-kind proposal," Kemp's office said.

Under the proposal, dams and reservoirs will be used for minimum water flow at Columbus in Georgia and Columbia in Alabama on the Chattahoochee along the state border.

The Corps will continue maintaining the necessary minimum elevation at Lake Seminole in southwest Georgia, which is about 20 miles southwest of Bainbridge, Kemp's office said.

Both Kemp and Ivey said the agreement is a win-win for Georgia and Alabama.

“Alabama and Georgia have a lot in common. But we have spent a lot of time — and a lot of money on attorney fees — fighting in court over water," Ivey said in a news release.

"This proposal is a big deal for Alabama as the Corps has never before set minimum water-flow objectives in the parts of the Chattahoochee that affect us. It would provide Alabama with long-term assurances that, in times of drought, our citizens will be protected, and our stakeholders will know how much water is coming their way.”

According to Kemp's office, though the Alabama lawsuit was filed in 2017, litigation between the two states stretch back to 1990.

Kemp said neither Alabama or Georgia is sacrificing what is important to their respective state.

“The Chattahoochee River is the lifeblood of southwest Georgia, and this proposal would give citizens and businesses certainty about the flow of water they need for business and leisure alike," Kemp said in the release.

"Just as significant, adoption of this proposal would end the current issues related to water supply for metro Atlanta at Lake Lanier, which is crucial to the future of our state. As we put this chapter behind us, I'm thankful for the diligent efforts of Attorney General Chris Carr; my Executive Counsel David Dove, John Allen, Shelly Ellerhorst and the entire team at KMCL Law; and so many others whose work has made our state proud.”

Shortly after the news broke of the agreement, Carr said on X, formerly Twitter, the agreement serves as security for Georgia and its future water use.

"This agreement protects Georgia's future water needs for decades to come, and it's an important step forward for our state," Carr said in the statement. "We're proud to have worked with @GovKemp and many others to achieve this great result for our citizens and businesses."

The proposal from the Corps is subject to public comment and environmental review that could span several months. Alabama is poised to dismiss its appeal after a one-year review period should the Corps adopt the proposal, Kemp's office said.

Should the Corps not adopt the proposal, Kemp's office said the Alabama lawsuit will stand.

"This agreement represents a spirit of cooperation that both governors Ivey and Kemp hope to continue as we seek the best outcomes for our shared river basins," Kemp's office said in the release.