Atlanta law firm Arnall Golden Gregory LLP has launched a new water resources team, betting that water, or the lack of it, will be a contentious legal issue for years to come.

"All the rain we had recently didn’t change a thing,” Bruce Jackson, a partner in the law firm who, along with fellow partner John Gornall, is leading the eight-member water resources team, told GlobalAtlanta.

Although heavy rainfall temporarily filled lakes and streams, most of the water flowed downstream and is now on the way to the Gulf of Mexico or the Atlantic Ocean. “It’s gone,” said Mr. Jackson.

What remains, however, is a federal lawsuit pitting Georgia, Alabama and Florida in a long-ranging fight centering on Atlanta’s main water source, Lake Lanier. Georgia is currently on the losing side of the contest. 

A federal judge, Paul Magnuson, ruled July 17 that Lake Lanier’s major purpose as originally authorized by Congress was navigation, hydro power and flood control, not drinking water for metro Atlanta. Unless Congress acts within three years, metro Atlanta must drastically reduce the amount of water it takes out of Lanier, the judge ruled. Georgia is appealing the ruling while also seeking Congressional action. 

“That is alarming,” Mr. Jackson said of the ruling. “Nobody denies that it hasn’t gone well for Georgia."

If Mr. Magnuson’s ruling is enforced, Georgia would have to reduce its withdrawals from Lanier to 1975 levels. “That’s an unthinkable result for Atlanta,” said Mr. Jackson.

Georgia Gov. Sonny Perdue recently named Mr. Jackson to the Water Contingency Plan Task Force, a panel that will figure out what Georgia will do if it is forced to severely cut withdrawals from Lanier.

"While I am confident we will be successful in securing the ability to draw water supply from Lake Lanier, we cannot take that for granted and must plan accordingly,” the governor said when appointing the panel. “We will consider conservation measures as well as opportunities to enhance our water supply options.” 

As the tri-state water wars increase in intensity, Arnall Golden Gregory sees a need for lawyers who specialize in the field. It envisions representing state and local governments and business owners in legal disputes over water while also working for foreign companies seeking to sell their water-saving products and technology here.

“People are going to need lawyers to deal with these issues as they develop,” said Mr. Jackson.

After purchasing retirement property in Colorado, Mr. Jackson developed first-hand knowledge of the water wars in the Western U.S. and knows how intense they can be. He points out that in Colorado, water commissioners, who have the right to shut off water sources, carry weapons when they go into the field.

Mr. Jackson has completed several courses in water law and is licensed to practice law in Colorado. He has also done extensive legal work for global companies, and is a member of the American-Israel Chamber of Commerce. He has seen how Israel has turned water conservation into an art form.

Reda Mansour, Israeli consul General to the Southeast U.S. on Wednesday told a Canadian and German trade mission visiting Atlanta that Israel recycles more than 70 percent of its water and hopes to raise that to 90 percent.

Arnall Golden Gregory on Oct. 15 will host a conference featuring Israeli companies that have developed new   technologies for water conservation and recycling.

For more information on Arnall Golden Gregory, click here. 

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