Governor Perdue Withdraws Injunction Against Corps

Unprecedented Cooperation from Federal Agencies Leads Governor to Drop Legal Action

ATLANTA – Governor Sonny Perdue announced today that the state of Georgia has withdrawn its motion for preliminary injunction filed against the U.S. Army Corps of Engineers.  The motion was filed on October 19 in the Middle District of Florida to require the Corps to alter the Interim Operations Plan (IOP).  The IOP establishes the guidelines for the release of water from federal reservoirs in the Apalachicola-Chattahoochee-Flint River (ACF) Basin including Lake Lanier and West Point Lake.

“With the recent intervention by President Bush to compel our federal partners to come to the table, I am optimistic that this matter can be resolved outside of a courtroom,” said Governor Sonny Perdue.  “I never want to resort to legal action to settle disputes, but the seriousness of this drought forced me to explore every option available to protect Georgia’s water resources.”

Today’s withdrawal comes in response to the announcement on Thursday, November 1 that the Corps of Engineers has recommended to the U.S. Fish & Wildlife Service to alter releases from Georgia’s federal reservoirs and send less water downstream.

On November 1, the Corps issued a letter to the U.S. Fish & Wildlife Service requesting a formal consultation for proposed modifications of the IOP.   The Corps proposed to incrementally reduce the amount of water released in the Apalachicola River from 5,000 cubic feet per second (cfs) to 4,150 cfs and allow storage of excess inflows in reservoirs.  In an unprecedented commitment on turn-around time, the U.S. Fish & Wildlife Service is expected to review the recommendation and make a ruling by November 15, 2007. 

The state of Georgia has reserved the right to re-file this motion or file a new motion for preliminary injunction if this new round of discussions and cooperation fails to result in sensible and lasting solutions to protect drinking water for Georgians as well as the interests of Alabama and Florida.

“I’m proud that the progress we’ve made so far has allowed us to withdraw our motion for preliminary injunction,” said Governor Perdue.   “However, I remain committed to protect Georgia’s interests while working closely with our federal partners and our neighboring states to reach a lasting and meaningful solution to our disputes over water resources.”   

###