Governor Bentley Files Lawsuit Challenging U.S. Army Corps of Engineers Water Control Manual

Lawsuit Challenges Corps' Manual in Ongoing Water Wars Dispute

MONTGOMERY—Governor Robert Bentley on Thursday announced the State of Alabama filed a lawsuit in response to the federal government’s release of a new Water Control Manual for the Alabama-Coosa-Tallapoosa (ACT) River Basin. The manual governs the way the federal government, through the U.S. Army Corps of Engineers, operates dams on several rivers that flow from Georgia into Alabama.

“The flow of water through the ACT Basin is vital to the economy and environment of Alabama,” Governor Robert Bentley said.  “Our State has protected the historical water flow through the ACT Basin for decades.  I filed this challenge because we believe the manual is illegal and unfair. This manual will decrease the quality of water in our State, which will hurt our citizens. It will also adversely impact the flow of water into our State. It prioritizes water recreation on lakes in Georgia at the expense of hydroelectric power generation in Alabama, which will hurt jobs and the economy. Therefore, on behalf of Alabama, I am requesting that the federal government adopt a lawful manual that respects Alabama’s interests.”

The State is challenging the federal government in three important ways. First, the new manual allows the federal government to diminish the quality of water in Alabama, to the detriment of all Alabama citizens.  Second, the federal government intends to unlawfully hold water at a dam in Georgia for the purposes of promoting recreation there, rather than releasing the water so it can generate hydroelectric power in Alabama and serve other important purposes the law requires. Third, in taking these drastic steps, the federal government has failed to issue an accurate environmental-impact statement that discloses the substantial harm its actions will cause to the Alabama environment.

Alabama filed this lawsuit in the United States District Court for the District of Columbia, where the U.S. Army Corps of Engineers is headquartered.

A copy of the Governor’s complaint can be found here.