Principal Investigator: J. Owens Smith (University of Georgia)
Sponsor: GWRI
Start Date: 1996-06-01; Completion Date: 1996-06-01;
Keywords: interstate water law, interstate compacts, common law water rights
Description:
In a predictable and inevitable demonstration of frustration with increasing tensions over interstate water allocation circumstances, Alabama brought suit in federal court against Georgia. This action precipitated formation of cooperative study efforts among the states of Georgia, Alabama, and Florida and the U.S. Army Corps of Engineers to provide the factual basis for an intersate mechanism through which the shares waters could be equitably allocated.
The impetus for cooperation was derived from the realization that the alternate methods of allocation-equitable apportiuonment, Congressional apportionment, and allocation via the dormant commerce clause – were all less acceptable to the states.
Georgia entered the negotiations with a long history of water allocation litigation as well as recent legislative efforts to alter historical tenants of state surface and groundwater law.