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Regulation: The
burgeoning metro Atlanta area is being hit hard by the severe drought in
the Southeast. Is it too much to ask that a few protected species make a
sacrifice for humans?
Lying just north of the metropolitan
area is Lake Lanier, a man-made reservoir that provides water for a
region of 5 million. It was created when the Chattahoochee River, which
flows from the North Georgia mountains southward to the Gulf of Mexico,
was dammed in the 1950s by the U.S. Army Corps of Engineers, which still
operates the reservoir.
The lake is at the center of the worst
drought the Southeastern U.S. has ever experienced. A severe lack of
rain and federal law governing water flow from Lake Lanier have combined
to turn parts of Georgia, Alabama and Florida into barren badlands.
Despite some recent and forecasted rain,
officials say Lake Lanier's water level is down 10 feet and has less
than 80 days of water left to supply a thirsty metropolis.
But the endangered fat three-ridge and
threatened purple bankclimber, mussels that live downstream where the
Chattahoochee empties into Florida's Chattahoochee-Apalachicola-Flint
basin are getting plenty of water, as are Gulf sturgeon. The Army Corps
of Engineers makes sure of this by pumping 3 billion gallons of water
down the river each day. We're only following federal law, they say.
That would be the 1973 Endangered
Species Act. It's the same law that cut off an irrigation project
earlier this decade along the California-Oregon border that 1,400
farmers were counting on. In that case it was the coho salmon and
suckerfish in the Klamath River and Upper Klamath Lake that received
special treatment.
Certainly there are other interests
beyond fish and mussels involved in the Southeastern water fight. The
drought's effects go beyond the brown lawns, short showers, dirty cars,
parched throats, quick tempers and neighbors turning in neighbors for
using too much water.
The Gulf seafood industry wants the
Corps to keep the water rolling downstream. Atlanta developers are
troubled that the region's growth will suffer due to a lack of water.
Anti-development activists are encouraged. Soft drink makers Coca-Cola
and Pepsi will have to slow production if they can't get enough of their
main ingredient. A coal-fired power plant in Florida needs water from a
free-flowing Chattahoochee.
Along the river's path, cities and
counties have grown accustomed to the mountain water pouring down from
Appalachia. So have farmers. Few of those working the fields and
carrying forth in city halls care about the problems upstream in Atlanta
— but they should, because that metro area is the economic engine for
the region and jobs are at stake.
As disparate interests compete, often
viciously, for a precious resource, lawmakers from Georgia end up pitted
against lawmakers from Alabama and Florida.
Reasonable solutions for these
differences can be reached through the political and judicial processes.
We're not so sure, though, that the same can be said for problems
created by the ESA.
To environmentalists, the law is sacred.
Don't expect them to sit by quietly as the Georgia congressional
delegation's request to amend the ESA so that species protections can be
lifted during emergencies is considered in Washington, or the courts
consider the state's request for an injunction against the Corps. Few in
the green movement would choose drinking water for humans over living
conditions for animals further down the food chain.
But the environmentalists' permission
should not be required. Their irrationality clouds what should be a
rational process.
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