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The U.S. Climate Change Science Program Chapter 3<br />

Conservation<br />

measures in one state<br />

alone cannot mitigate<br />

region-wide problems<br />

affecting large, multistate<br />

watersheds.<br />

92<br />

environmental impacts in allocation; <strong>and</strong> develop<br />

specific allocation numbers—in effect,<br />

guaranteeing volumes “at the state lines”. Water<br />

allocation formulas were <strong>to</strong> be developed <strong>and</strong><br />

agreed upon by December 31, 1998. However,<br />

negotia<strong>to</strong>rs for the three states requested at<br />

least a one-year extension of this deadline in<br />

November of 1998, <strong>and</strong> several extensions <strong>and</strong><br />

requests for extensions have subsequently been<br />

granted over the past dozen years, often at the<br />

11th hour of stalemated negotiations.<br />

Opportunities for a breakthrough came in<br />

2003. Georgia’s chief negotia<strong>to</strong>r claimed that<br />

the formulas posted by Georgia <strong>and</strong> Florida,<br />

while different, were similar enough <strong>to</strong> allow<br />

the former <strong>to</strong> accept Florida’s numbers <strong>and</strong> <strong>to</strong><br />

work <strong>to</strong> resolve language differences in the<br />

terms <strong>and</strong> conditions of the formula. Alabama<br />

representatives concurred that the numbers<br />

were workable <strong>and</strong> that differences could be<br />

resolved. Nonetheless, within days of this tentative<br />

settlement, negotiations broke off once<br />

again (Georgia Environmental Protection Division,<br />

2002). In August 2003, Governors Riley,<br />

Bush, <strong>and</strong> Perdue from Alabama, Florida, <strong>and</strong><br />

Georgia, respectively, signed a memor<strong>and</strong>um of<br />

underst<strong>and</strong>ing detailing the principles for allocating<br />

water for the ACF over the next 40 years;<br />

however, as of this writing, Georgia has lost an<br />

appeal in the Appellate Court of the District of<br />

Columbia <strong>to</strong> withdraw as much water as it had<br />

planned <strong>to</strong> do, lending further uncertainty <strong>to</strong><br />

this dispute (Goodman, 2008).<br />

Policy impasse<br />

Three issues appear <strong>to</strong> be paramount in the<br />

failure <strong>to</strong> reach accord. First, various dem<strong>and</strong>s<br />

imposed on the river system may be incompatible,<br />

such as protecting in-stream flow while<br />

permitting varied off-stream uses. Second,<br />

many of the prominent user conflicts facing<br />

the three states are up- versus down-stream<br />

disputes. For example, Atlanta is a major user<br />

of the Chattahoochee. However, it is also a<br />

“headwaters” metropolis. The same water used<br />

by Atlanta for water supply <strong>and</strong> wastewater discharge<br />

is used by “up-streamers” for recreation<br />

<strong>and</strong> <strong>to</strong> provide shoreline amenities such as high<br />

lake levels for homes (true especially along<br />

the shoreline of Lake Lanier), <strong>and</strong> provides<br />

downstream water supply <strong>to</strong> other communities.<br />

Without adequate drawdown from Lanier,<br />

for example, water supplies may be inadequate<br />

<strong>to</strong> provide for all of Atlanta’s needs. Likewise,<br />

water quality may be severely degraded because<br />

of the inability <strong>to</strong> adequately dilute pollution<br />

discharges from point <strong>and</strong> non-point sources<br />

around Atlanta. This is especially true if instream<br />

water volumes decline due <strong>to</strong> growing<br />

off-stream dem<strong>and</strong>s.<br />

Finally, the compact negotiating process itself<br />

lacks robustness; technically, the compact<br />

does not actually take effect until an allocation<br />

formula can be agreed upon. Thus, instead of<br />

agreeing on an institutional framework that can<br />

collect, analyze, translate, <strong>and</strong> use information<br />

<strong>to</strong> reach accord over allocation limits <strong>and</strong> water<br />

uses, the negotiations have been targeted on first<br />

determining a formula for allocation based on<br />

need (Feldman, 2007). As we have seen in the<br />

previous case on drought management in Georgia,<br />

climate forecast information is being used<br />

<strong>to</strong> enhance drought preparedness <strong>and</strong> impact<br />

mitigation. Nevertheless, as noted in that case,<br />

conservation measures in one state alone cannot<br />

mitigate region-wide problems affecting large,<br />

multi-state watersheds. The same holds true<br />

for regional water supply dispute-resolution.<br />

Until a cooperative decision-making platform<br />

emerges whereby regional climate forecast data<br />

can be used for conjoint drought planning, water<br />

allocation prescriptions, <strong>and</strong> incorporation of

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