Environmental Policy Update Newsletter
March 10, 2011 - Reservoirs
The Environmental Policy Update Newsletter aims to provide frequent, comprehensive, and objective reports on environmental policy issues and relevant legislation in Georgia, especially during the legislative session. Click here to subscribe to future editions.
In This Issue
- What Are Reservoirs?
- Relevant Georgia Legislation
- In the News
- What Others Are Saying
- "In the Legislature"
Georgia’s rapidly growing population has had a tremendous impact on the state’s water supply. This growth, coupled with several significant periods of drought, has made water supply planning a critical concern for Georgia. One way the state has sought to address water supply needs is by considering the construction or expansion of reservoirs throughout the state.
The Metro Atlanta region leads the way in reservoir water withdrawal, particularly from Lake Lanier; however, in 2009, U.S. District Judge Paul Magnuson ruled that Lake Lanier is not an authorized source of drinking water and therefore, cannot be used by the US Army Corps of Engineers to supply water to Metro Atlanta. He gave the Corps three years to obtain authorization from Congress or reduce the lake’s water supply withdrawal amount to levels last seen in the 1970s.
As Metro Atlanta continues to grow and future withdrawal from Lake Lanier is at risk, state and local government officials have been forced to seek water from other sources in the state to meet their demand. This often causes tension as other parts of Georgia become concerned that meeting Atlanta’s water needs means forgoing their own.
To tackle Georgia’s water supply concerns and plan for future withdrawal restrictions on Lake Lanier, Georgia Governor Nathan Deal has proposed an initiative that will require state agencies to work with local governments on reservoir development. Plans include ways to expand existing reservoirs as well as explore new ones. Gov. Deal included $46 million in his budget proposal for this initiative, which is part of a larger $300 million promise over the next four years.
Gov. Deal also signed an executive order directing the Georgia Environmental Finance Authority (GEFA) to create a Georgia Water Supply Development Program to "align and mobilize state resources to help local governments develop new supplies."
What Are Reservoirs?
Reservoirs are artificial lakes created through the construction of dam across a river or stream; they collect and store water for later use. They are commonly used to supply drinking water to surrounding communities and plan for future water needs, but many are also used for hydropower generation, recreation, navigation, or flood control.
To date, meeting growing water demands in North Georgia has meant construction of reservoirs, which provide these benefits; however, they come at the expense of the environmental services provided by the state's free-flowing rivers and streams, and construction of reservoirs has environmental and economic consequences that extend throughout river basins.
“Reservoirs in Georgia: Meeting Water Supply Needs While Minimizing Impacts” by the River Basin Science and Policy Center at the University of Georgia provides an in-depth overview of the number of reservoirs in Georgia and their impacts. It also outlines water supply planning methods that consider a variety of options for meeting Georgia's future water needs while minimizing impacts on the services that free-flowing streams and rivers provide. Also, the “Georgia Inventory and Survey of Feasible Sites for Water Supply Reservoirs,” available through GEFA, provides valuable information on sites currently under discussion or consideration.
Relevant Georgia Legislation
(*** denotes current legislation)
2007-2008 Regular Session: Senate Bill 342
SB342 created the Water Conservation and Drought Relief Act and the Georgia Water Supply Act of 2008. The Water Conservation and Drought Relief Act gave the State Soil and Water Conservation Commission the authority to provide funding for construction and permitting of water supply reservoirs as long as they take certain criteria (regional effects, water supply yield, projected population growth, and local government funding commitment) into consideration when allocating funds. It also provided a streamlined permitting process by the Environmental Protection Department (EPD).
The Georgia Water Supply Act of 2008 created the Water Supply Program of GEFA. The program has the responsibility of “assisting local governments with permitting water supply projects, conducting an inventory and survey of feasible sites for water supply reservoirs and assisting with wetlands and stream mitigation banks.” Gov. Perdue signed both acts into law on May 13, 2008, and they became effective July 1, 2008.
***2011-2012 Regular Session: Senate Resolution 15***
SR15 would create the Joint Committee on Water Supply composed of 10 members to study the state’s current reservoir system. This Joint Committee would be a continuation of the one created last year.
Status: Favorably reported by the Senate Natural Resources and Environment Committee (as of Feb. 7, 2011). Favorably reported by the House Natural Resources and Environment Committee (as of March 3, 2011).
***2011-2012 Regular Session: Senate Bill 122***
SB122 would allow local governments to seek bids and enter into contracts with private firms for the construction of reservoirs and other water storage projects. This bill would also allow the GEFA to take the lead role in developing such projects.
Status: Passed and adopted by the Senate March 2, 2011. Recommitted to House Governmental Affairs Committee on March 4, 2011.
***2011-2012 Regular Session: Senate Resolution 228***
In light of Judge Magnuson’s ruling, SR228 encourages the Department of Natural Resources, the Water Supply Division of GEFA, and private firms to study the feasibility of surface water withdrawal, storage, and distribution from the Tennessee River basin.
Status: Senate Read and Referred to the Natural Resources and Environment Committee (as of Feb. 23, 2011).
In the News
“Neighbors cautiously eye Deal's reservoir push” by Chris Joyner of the Atlanta Journal-Constitution: Reactions to Gov. Deal’s reservoir development plan including responses from Alabama governor Robert Bentley, environmentalists, and academia.
“Canton reservoir shows realities of Deal plan” by Ray Henry and Shannon McCaffrey of the Associated Press: Shows how the Hickory Log Creek Reservoir is evidence of the costs and benefits surrounding Gov. Deal’s reservoir development initiative.
“Bill would allow public-private reservoirs in Ga” by Ray Henry of the Associated Press: Highlights some of the key features and concerns of Senator Tolleson’s bill proposal.
“City, County put off Cedar Creek Reservoir mediation” by Melissa Weinman of the Gainesville Times: Discusses how the county will use Cedar Creek Reservoir to meet their water supply needs if Judge Magnuson’s ruling stands and how it will fit in with the proposed Glades Reservoir.
What Others Are Saying
"Reservoirs and Water Supply" by the Georgia Water Coalition: Explains the organization’s stance on Gov. Deal’s plans to develop new water supply reservoirs.
"'Georgia's Area 51' eyed for reservoir" by Thomas Wheatley of Creative Loafing: Discusses the financial potential and environmental concerns associated with constructing a 2,000 acre reservoir in Dawson Forest.
“Privatizing water increases risk” by Chris Manganiello of the Georgia River Network: Brief critique of Sen. Tolleson’s bill proposal.
The opinions expressed here are solely the responsibility of the authors.
In the Legislature
House Bill 274
Solid waste management; permits; number of facilities within an area; change provisions
This bill, also known as “grass to gas,” would allow yard trimmings to be put in lined landfills, which would increase the amount of money the landfills earn. This bill would also continue the $1.00 per tire fee on the retail sale of all new tires and designate the revenue to a solid waste trust fund.
Status: Favorably reported by the House Nature Resources and Environment Committee (as of March 3, 2011).
House Bill 368
Agricultural Water Supply Protection Act; enact
This bill would allow regulated interbasin transfers specifically to protect water supplies for agricultural use in those areas where resource assessments performed for the State Water Plan indicate that water resources are “facing limitations.”
Status: House Second Readers (as of March 1, 2011).
House Bill 400
Water resources; Tennessee River interbasin transfer restrictions; exempt withdrawals
The House version of SB 132, this bill would exempt surface water withdrawal from a certain portion of the Tennessee River basin in northwest Georgia from any restrictions on IBTs.
Status: Referred to the House Natural Resources and Environment Committee (as of March 2, 2011).
Senate Bill 99
Property; prohibit covenants for a planned subdivision and a property owners’ association
This bill would disallow subdivision and property owners’ association covenants that prohibit installation of solar collector panels, photovoltaic arrays, solar lights, and skylights.
Status: Senate Read and Referred to Judiciary Committee (as of Feb. 22, 2011).
Senate Bill 110
Waste management; restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; provisions
This bill would repeal certain provisions regarding restrictions on municipal solid waste landfill sites located in significant ground-water recharge areas.
Status: Senate Read and Referred to the Natural Resources and Environment Committee (as of Feb. 22, 2011).
Senate Bill 128
Water resources; regulate interbasin transfers of water; provisions
This bill is similar to HB111 and HB134 in that it would amend policy provisions to regulate interbasin tranfers (IBTs). Like the House bills, it would change the current wording from “should” to “shall make all water permitting decisions in accordance…” and require a press release 30 days prior to permit issuance with time for public comment. This bill also requires that an identical notice be posted on the department’s Internet website.
Status: Senate Read and Referred to the Natural Resources and Environment Committee (as of Feb. 23, 2011).
Senate Bill 130
Special license plate supporting the Appalachian Trail
This bill would add a special license plate supporting the Appalachian Trail conservancy it its mission to protect, maintain, and conserve the Georgia portion of the Appalachian trail.
Status: Senate read and referred to the Finance Committee (as of Feb. 23, 2011).
Senate Bill 132
Water resources; exempt water withdrawals from a certain portion of the Tennessee River basin
The Senate version of HB400, this bill would exempt surface water withdrawal from a certain portion of the Tennessee River basin in northwest Georgia from any restrictions on IBTs.
Status: Senate Read and Referred to the Natural Resources and Environment Committee (as of Feb. 23, 2011).
Senate Bill 157
Waste management; provide local solid waste management/reporting shall be optional
This bill would make an annual report to the Department of Community Affairs on the status of local solid waste management optional for cities and counties.
Status: Senate Read and Referred to the Natural Resources and Environment Committee (as of Feb. 28, 2011).
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