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Georgia Defeats Florida Water Claims in Supreme Court

Tuesday, April 6, 2021 “The case of the disappearing water,” as subtitled by Georgia-born Justice Clarence Thomas, was resolved by the U.S. Supreme Court on April Fools’ Day 2021.  Apalachicola Bay, along the Florida panhandle in the Gulf of Mexico, originates from the joinder of the Flint and Chattahoochee Rivers in Georgia, which form the Apalachicola River at the Florida line. Florida’s lawsuit, filed in 2013, claimed that Georgia’s consumption of water for irrigation, agriculture and Atlanta development is unreasonable. It sought an equitable apportionment order to control Georgia’s use of that water to protect Florida’s natural resources, ecology and economy, including oyster fisheries. Georgia objected to any cap on use of these waters because of the economic detriment to its agriculture industry and the millions of water users in the Atlanta metropolitan area.

Florida and Georgia Head to the Supreme Court — Again — In Fight Over Water

Photo courtesy WFSU The Jim Woodruff Dam is in Chattahoochee Florida. It’s here, where the Flint and Chattahoochee Rivers join to form the Apalachicola, home to a Bay that used to be famed for its seafood harvests, most notably its oysters. When rain is plentiful in south Georgia, water flows freely into Florida. But when there’s drought, as there was for ten consecutive months in 2012, water stays behind the dam. And this is a source of conflict between the states. “We’re not asking for a great amount of water more. We’re just asking for an equal share of water.” This is oysterman Shannon Hartsfield in 2012, during the drought. The Apalachicola Bay oyster fishery had just crashed. It still hasn’t recovered. In a more recent interview, Hartsfield said he hasn’t harvested oysters in nearly a decade.

Florida and Georgia Head to the Supreme Court -- Again -- In Fight Over Water

WFSU is partnering with WABE in Atlanta for a look at Florida’s Supreme Court case against Georgia, from both sides. Molly Samuel from WABE is covering the perspective from Georgia’s Flint and Chattahoochee Rivers, and WFSU’s Rob Diaz de Villegas is covering the perspective from Florida’s Apalachicola River and Bay. Each produced a radio story, and collaborated in writing the following post. Florida vs. Georgia- What’s at Stake in Florida, by Rob Diaz de Villegas of WFSU in Tallahassee. Florida vs. Georgia- What’s at Stake in Georgia, Molly Samuel of WABE in Atlanta. In Apalachicola, Florida, fishermen measure their connection to the bay in generations. Apalachicola Bay was once famed for its seafood harvests, most notably its oysters.

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