Tag Archives: Law

Alapaha Greenway Trail?

A Greenway Trail is an onland version of the sort of Blueways or Water Trails WWALS is working on. WWALS board member Chris Graham got a very nice spread in one of the Lakeland newspapers today about Greenways, speaking for himself. -jsq

Lanier County Advocate, 4 June 2014, Page 12, Local nature enthusiast hoping to bring Greenway Trail to Lakeland,

Naylor native Christopher Graham has spent the majority of his life exploring the great outdoors every chance he gets.

Currently, Graham serves on the board of the Water Shed group to help ensure local rivers are clean and safe for citizens to enjoy. But what Graham has been striving for is to bring a Greenway Trail to the local area.

What are Greenway Trails? Continue reading →

Two bad water bills and six good ones in the Georgia legislature today

Flint Riverkeeper has a handy legislative update about water bills in the Georgia legislature, one bad one before committee today: SB 299.

SB 299 Natural Resources; provide flexibility for establishing watershed protection standards

This bill would actually do away with the riparian buffers that currently keep mud and sewage out of rivers and streams. It’s up for a vote today in the Senate Committee on Natural Resources and the Environment. At least one Senator on that committee is in WWALS watersheds: Tyler Harper, (404) 463-5263, (404) 463-4161 fax, Ocilla, District 7, (229) 425-4840. You can contact him or your state Senator. Here are many reasons SB 299 is a bad bill.

More reasons, by Camo Coalition, of the Georgia Wildlife Federation, starting with:

Siltation kills streams. Siltation can fill lakes making boat access difficult or impossible. Silt destroys the habitat of aquatic invertebrates—caddis flies, mayflies, stone flies, and such. Pollutants can kill fish and these aquatic animals directly. Destroy the food chain; destroy the fishery.

SB 213 Flint River Drought Protection Act

This bill is not anything like its name. It’s actually a water grab that would stuff Flint River water into our fragile Floridan Aquifer and during droughts take it back out, but not for downstream use, rather for shipping to Atlanta. Even though it’s a Senate bill, it’s currently in the House Agriculture and Consumer Affairs Committee, which has not yet convened this session, so now is a good time to contact your state rep. Those in WWALS watersheds include at least:
  1. Ellis Black, Valdosta, R-174, 404.656.0287, ellis.black@house.ga.gov
  2. Amy Carter, Valdosta, R-175, 229.245.2733, 404.656.6801, amy.carter@house.ga.gov
  3. Buddy Harden, Cordele, R-148, 404.656.0188, buddy.harden@house.ga.gov

The Flint River, #2 on American Rivers’ most endangered rivers list, is the next watershed to the west of us. If this bill passes, when will they come for the waters of the Little River, too?

Good Bills

Here are some good bills that need support, with descriptions from Georgia Water Coalition’s current legislative update, which covers the same bills as Flint Riverkeeper’s update.

Extending the Ban on Aquifer Storage and Recovery

Continue reading →

SB 213 Flint River water grab bill is back

As we could have guessed from the aquifer storage meeting last November, the water grab to ship to Atlanta HB 213 that failed in the Georgia House last year is back on the table this year, and it’s still a bad idea, especially with the Flint River #2 on American Rivers’ Most Endangered Rivers list.

Gordon Rogers, Flint Riverkeeper, wrote for the Atlanta Business Chronicle 10 January 2014, Bill would fundamentally change Georgia water law,

In the Dec. 13, 2013, Atlanta Business Chronicle article “Bill could aid Georgia in water case,” Georgia Environmental Protection Division Director Jud Turner was quoted saying those who object to his proposed Flint River legislation (SB 213) believe in a water swap “conspiracy theory.”

The controversial provision in SB 213 would authorize state investment in “projects to augment stream flows” and would then authorize the director to prohibit downstream property owners with permits from withdrawing “augmented” water (which is undefined). The duration of the prohibition on water withdrawals is undefined, and the bill is structured to allow private consulting companies …

-jsq

Access to rivers: legal issues

Legal access to rivers and other waterways in Georgia is unclear, and federal law may trump state law anyway.

Dan Washburn wrote some time in 2000 for The Times of Gainesville, GA, Access denied: Owners, users spar over land, which applies as much to the rest of Georgia as to north Georgia:

Photo by Tom Reed The conflict in North Georgia is a confusing amalgam of the old and the new, of state and federal laws, of mountains and streams. Its cast of characters includes landowners and land managers, bureaucrats and businessmen, environmentalists and adventure seekers — and lawyers, plenty of lawyers.

And much of it involves a splitting of legal and philosophical hairs that would make Mother Nature and Uncle Sam cringe.

Nowhere has this tug-of-war played out more dramatically than on Georgia’s rivers and streams, where the dispute over what is public and what is private is as murky as the Chattahoochee River after a hard rain.

There’s a lot more in the article, including this box:

Getting to the water an issue for paddlers, anglers alike

Continue reading →

Delaware Riverkeeper and leaky methane pipes

Delaware Riverkeeper again has standing to oppose fracked natural gas pipelines, as part of the recent Pennsylvania Supreme Court ruling against frackers.

Andrew Maykuth wrote for philly.com 23 December 2013, What Pa. court’s ruling on gas-drilling law means,

…opponents of shale gas drilling say the court decision carries substantial symbolic and political weight. They hope it signals a reconsideration of state government’s love affair with fossil fuels.

“With this huge win, we will move ahead to further undo the industry’s grip of our state government,” said Maya van Rossum, executive director of the Delaware Riverkeeper Network, whose standing as a plaintiff in the case was restored by the Supreme Court’s decision.

The ruling may also revitalize the state’s Environmental Rights Amendment, a 42-year-old law that guarantees Pennsylvanians’ access to clean air and water.

Fracking backers of course say the ruling will harm business. Somebody remind me, why should big business get to destroy local property and watersheds to turn a buck?

Local governments in Pennsylvania made big fossil fuel think again: Continue reading →

Aquifer storage meeting in Newton, GA 7 November 2013

It looks like SB 213 is being resurrected after falling in the Georgia House in March. This GEFA ASR meeting is in Newton, which is not far west of Tifton. When will they be coming for the waters of the Little River, too?

Jim West in the Albany Herald 29 March 2013, Flint River bill fails in the House, quoted Gordon Rogers, Flint Riverkeeper, and then referred to Georgia Water Coalition:

One aspect of the bill river advocates found objectionable was the concept of “stream flow augmentation,” including aquifer storage and recovery, or ASR, which Coalition officials define as “the injection of ground water into the aquifer, which would be extracted later and sent downstream.” According to the Coalition, the process could cause irreversible contamination of the aquifer.

GEFA News 30 October 2013, Aquifer Storage Project Public Meeting Scheduled, Continue reading →

JIA replies to WWALS about marsh and land

“There currently are no plans for more development on Jekyll Island” said JIA in a response to WWALS’ assertion that marsh is not land. So why does a map under consideration by JIA show all marsh as land at mean high tide? Could “currently” mean until the law gets changed? -jsq

Continue reading →

Entering Floridan Aquifer Recharge Zone

Maybe we need signs like that around here to remind people that what goes into the ground comes out in our drinking water. For example, San Antonio has its Edwards Aquifer Protection Program. Maybe our local governments need to have Floridan Aquifer Protection Programs. Georgia state law seems to indicate they should.

GA Secretary of State has GA Code §391-3-16-.02 Criteria For Protection of Groundwater Recharge Areas. (more legible copy on GA EPD website),

Georgia's Groundwater Recharge Areas (1) Background. Variable levels of recharge area protection can be based upon the State’s hydrogeology (e.g., areas such as the Dougherty Plain where a major aquifer crops out would receive a relatively high degree of protection whereas other areas, such as the shale hills of northwest Georgia, would receive a lower degree of protection). Recharge area protection within the significant recharge areas would be further refined, based upon the local susceptibility or vulnerability to human induced pollution (e.g., high, medium, or low). The significant recharge areas have already been identified and mapped (about 22-23% of the State). Pollution susceptibility mapping is ongoing. Existing statutes are adequate for protecting the remaining recharge areas (about 77-78% of the State).

[…]

(2)(f)3. In the Coastal Plain, the significant recharge areas are Continue reading →

Rules for river corridor protection –GA EPD

Georgia Lakes, Rivers and Water Resources So Georgia state law requires protection for perennial river corridors and the major rivers in the WWALS watersheds qualify as perennial rivers. What are the rules? Apparently to be a “Qualified Local Government” a comprehensive plan including River Corridor Protection Plans with protection for a natural vegetative buffer area bordering each protected river is required.

Rules of Georgia Department of Natural Resources,
Environmental Protection Division
Chapter 391-3-16
Rules for Environmental Planning Criteria

391-3-16-.04 Criteria for River Corridor Protection

Georgia Rivers (1)(b) The Comprehensive Georgia Planning Act of 1989 provides for the development of coordinated and comprehensive planning by municipal and county governments. Such comprehensive plans shall consider the natural resources, environments, and vital areas within the jurisdiction of the local government. Maintenance of the status as a “Qualified Local Government” is contingent upon the development of such comprehensive plans (O.C.G.A. 50-8-1 et seq.).

Continue reading →

What does perennial mean?

What does “perennial” mean in Georgia Mountain and River Corridor Protection Act, O.C.G.A. 12-2-8 (2010)?

According to Merriam-Webster:

Definition of PERENNIAL
1: present at all seasons of the year

For example, does the Alapaha River at Hotchkiss Landing often (if ever) go dry? No, there is pretty much always water there.

That Georgia state law, O.C.G.A. 12-2-8 (2010), has a more specific definition:

Continue reading →