Georgia scored yet another victory in its ongoing water wars with Florida Thursday as Special Master Paul Kelly recommended that the Supreme Court dismiss Florida’s ongoing lawsuit.
The decision comes following a 2018 Supreme Court ruling that the case be sent back to a special master to review Florida’s claims that Georgia’s use of the Flint and Chattahoochee Rivers is unfair and destroying its oyster fishing industry. Though Florida has struggled to find any judge to agree with that opinion, nor with their calls to cap Georgia’s water use until 2050, it hasn’t stopped state officials from filing for appeal after appeal and dragging the case out for years.
Now in late 2019 and with new governors in both states, Georgia officials are hoping this win helps the conflict draw to a close.
“We greatly appreciate Special Master Kelly’s recognition of Georgia’s strong, evidence-based case in this litigation,” said Gov. Brian Kemp on Thursday. “We will continue to be good stewards of water resources in every corner of our state, and we hope that this issue will reach a final conclusion soon.”
In his ruling, Kelly said that he rejected Florida’s request for a decree “because it has not proved the elements necessary to obtain relief.”
He continued, “Florida has pointed to harm in the oyster fishery collapse, but I do not find that Georgia caused that harm by clear and convincing evidence. Next, although Georgia’s use of the Flint and Chattahoochee Rivers has increased since the 1970s, Georgia’s use is not unreasonable or inequitable.”
U.S. Rep. Doug Collins (R-GA-09) echoed Kemp’s sentiments; “Today’s ruling is a big step in the right direction. The water wars have cost our state millions of dollars and countless years fighting to protect what’s ours.”
Now the case will head back to the Supreme Court, which will take Kelly’s recommendation into account in making its final ruling or (god forbid) sending it back to yet another special master to hear more arguments.
