In a move that could spell the end of litigation, Jackson County was handed a major legal victory this week in its lawsuit against the Upper Oconee Basin Water Authority.
The Georgia Supreme Court refused Monday to overturn a lower court ruling that had said Jackson County’s suit against UOBWA could proceed. UOBWA had earlier filed a motion for the courts to dismiss the lawsuit, but that was denied by the local Superior Court, the Court of Appeals and now the Supreme Court.
The issue in the litigation is over recalculating the amount of water contained in the Bear Creek Reservoir. Jackson County argues that the original calculations of the reservoir’s capacity are wrong by as much as half the amount.
A joint project of Jackson, Athens-Clarke, Barrow and Oconee counties, the reservoir, opened in 2002, was supposed to yield 58 million gallons per day in water. Jackson contends the real amount is closer to 24 mgd.
Jackson wins litigation with UOBWA; Supreme Court rules in water matter
In 2009, Jackson sued the other three counties after UOBWA refused to have a recalculation done. If Jackson County is right, a recalculation could dramatically cut the amount of water being used by the other counties, especially Athens-Clarke. According to the original 1996 contract between the counties, the reservoir’s yield is supposed to be recalculated on a regular basis, especially after the 2007 drought. The water is divided based on the percent of ownership in the reservoir. Jackson County owns 25 percent.
The other implication is that during previous droughts over the last nine years, Athens-Clarke, the largest user of water, may have used more than its allocate share, in effect using water that really belonged to Jackson County without paying Jackson for that.
Now UOBWA has to decide if it wants to continue litigation by facing off in a trial with Jackson County. Observers say that could happen, but essentially the only question left to settle is the exact amount of the yield.
The other implication is that during previous droughts over the last nine years, Athens-Clarke, the largest user of water, may have used more than its allocate share, in effect using water that really belonged to Jackson County without paying Jackson for that.
Now UOBWA has to decide if it wants to continue litigation by facing off in a trial with Jackson County. Observers say that could happen, but essentially the only question left to settle is the exact amount of the yield.
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