Here’s yet another reason you can cite when you ask the Georgia Enviromental Protection Division (GA-EPD) to stop the mining proposal by Twin Pines Minerals (TPM) to strip mine near the Okefenokee Swamp, above the Floridan Aquifer.
David Pendered, Saporta Report, January 3, 2022 5:13 pm, Okefenokee Swamp mining proposal could be affected by Supreme Court ruling,
The proposal to mine sand near the Okefenokee Swamp could be affected by a groundbreaking ruling on water rights issued by the U.S. Supreme Court.
For the first time, justices have determined the same laws that apply to water flowing above ground apply to water in multi-state underground aquifers.
“This court has never before held that an interstate aquifer is subject to equitable apportionment,” Chief Justice John Roberts wrote in a unanimous opinion issued Nov. 22, 2021. This doctrine “aims to produce a fair allocation of a shared water resource between two or more States,” according to the ruling.
The ruling sets a legal foundation to manage future disputes over the usage of interstate groundwater. This issue is expected to arise more frequently as drought and climate change poise to alter the United States’ traditional water supplies and challenge agreements among governments to share water.
This ruling could be brought into play at the proposed mine near the Okefenokee, in part because of the amount of water to be extracted for mining operations from the four-state Floridan Aquifer. For that to happen, a party that has standing to file a lawsuit would have to do so on behalf of one or more of the four states that are above the Floridan Aquifer — Florida, Alabama, Georgia and South Carolina. Two of these states have previously litigated Georgia’s use of water from the Chattahoochee and Flint rivers. The Supreme Court ruled against Florida’s claim in April.Continue reading