INTERSTATE ISSUES
Three interstate issues currently affect or have the potential to affect the CPYRW and Alabama, Georgia, and Florida are Tri-State Water Wars, Floridan aquifer, downstream water quality, Florida nutrient criteria, and Florida Coastal Zone Impacts.
TRI-STATE WATER WARS
The Tri-State Water Wars involves the states of Alabama, Florida, and Georgia, and the following basins: Alabama, Coosa, and Tallapoosa Rivers (ACT), and Apalachicola, Chattahoochee, and Flint Rivers (ACF). The ACT basin flows from northwest Georgia and empties into Alabama’s Mobile Bay, and the ACF basin flows from northwest Georgia south along the border of Alabama and empties into Florida’s Apalachicola Bay (Southern Environmental Law Center (SELC), 2013) (fig. 26).
A brief summary of events that occurred leading up to the current situation are presented as follows. In 1957, the USACE built Buford Dam on the Chattahoochee River, thereby creating Lake Lanier for the purpose of providing flood control, hydropower, and navigation. However, following the construction of Lake Lanier, the metro population of Atlanta began to increase, which necessitated the need for a greater supply of water (SELC, 2013). As a result of this increased water demand, Atlanta began to use Lake Lanier as a water supply, with the USACE issuing contracts to municipal water suppliers, in effect bypassing the National Environmental Policy Acts (SELC, 2013). The water demand for Atlanta continued to increase over the years, resulting in the USACE recommending that 20% of the lake water be reallocated for water supply in the Atlanta region, which prompted a lawsuit filed by the state of Alabama claiming that this reallocation favored Georgia’s interests and that the USACE had ignored the environmental impacts to the downstream states (SELC, 2013). In 1992, negotiations between the states and the USACE began, but by 2003, with no compromises reached by interested parties, negotiations stalled. This was followed by a court ruling in 2009 that Lake Lanier was not properly authorized to provide water supplies to metro Atlanta, which was reversed two years later by the 11th Circuit Court of Appeals and gave Atlanta lawful access to Lake Lanier for its drinking water needs (SELC, 2013). In 2012, the Supreme Court refused to hear Alabama and Florida appeals of this decision (SELC, 2013). Since this last court proceeding, the USACE published the draft Water Control Manual.
It should be noted that this issue would only affect the CPYRWMA if the Chattahoochee Watershed in Barbour, Bullock, and Houston Counties were brought under the management of the CPYRWMA. However, with the location of the CPYRW, these watersheds could be subject to issues with bordering states.
FLORIDAN AQUIFER
The Floridan aquifer recharge area (fig. 27) underlies roughly 100,000 mi2 in southern Alabama, southern Georgia, southeastern Mississippi, southern South Carolina, and all of Florida (Berndt and Crandall, 2009). This highly productive aquifer is the primary source of drinking water for the state of Florida, while also providing water to the states of Alabama, Georgia, and South Carolina (Berndt and Crandall, 2009). In Alabama, the counties of Baldwin, Clarke, Conecuh, Covington, Escambia, Geneva, Houston, Mobile, Monroe, and Washington are underlain by the Floridan aquifer recharge area.
Interstate issues related to this aquifer recharge area include over pumpage and contamination (Berndt and Crandall, 2009). In 2000, the total estimated amount of water withdrawn from the aquifer was 4,020 mgd distributed between Alabama (7 mgd), Florida (3,125 mgd), Georgia (825 mgd), and South Carolina (63 mgd) (Berndt and Crandall, 2009). Regional water level declines have been observed in the Florida panhandle, northeast Florida, west-central Florida, coastal Georgia, and South Carolina (Bush and Johnson, 1988), and long-term groundwater level declines could be attributed to the withdrawal of groundwater exceeding the recharge rates, which could also result in salt water intrusion, especially in coastal areas (Southwest Florida Water Management District (SWFWMD), 2009). A possible side effect of declining water levels is decreased discharges to surface water bodies, which can result in lower lake levels, slower river currents, and decreasing wetlands, and which could conversely impact animal habitats (SWFWMD, 2009).
Due to relative shallowness of this aquifer, it is also highly susceptible to contamination, especially in areas of high aquifer recharge (SWFWMD, 2009). Sources of contamination include excessive and improper use of fertilizers and pesticides, pet and livestock waste near water bodies, leaking underground storage tanks, and septic tanks (SWFWMD, 2009).
RECOMMENDATIONS
The CPYRWMA should establish a dialogue with the state of Florida to discuss groundwater quality and quantity data availability and Alabama impacts on the Floridan aquifer. These impacts could include quantities of recharge, water production, and future water source development.
POLICY OPTIONS
The aforementioned recommendation would be enhanced and facilitated by development of a comprehensive state water management plan that addresses water quality and quantity policy options.
DOWNSTREAM WATER QUALITY
Downstream water quality is a major concern for downstream water users due to impacts of upstream contamination. In southeast Alabama, the Choctawhatchee, Pea, and Yellow Rivers originate in Alabama and drain into Florida. The primary constituents that affect water quality for these rivers originate from nonpoint sources, which consist of sediment, nutrients, bacteria, and metals (Cook and Murgulet, 2010). Water quality data has been collected by the GSA at three sites on both the Choctawhatchee and Pea Rivers and at one site on the Yellow River (fig. 28). Two sites, CR1 and PR3, are downstream monitoring sites for the Choctawhatchee River and the Pea River, respectively, immediately upstream from the Florida state line. CR1 is the southernmost downstream site, located at the confluence of the Choctawhatchee River with Double Bridges Creek, about 1 mile from the confluence of the Choctawhatchee River with the Pea River; and PR3 is the southernmost site for the Pea River, located in Geneva County near the confluence of the Pea and Choctawhatchee Rivers (Cook and Murgulet, 2010). The Yellow River monitoring site is located at the State Highway 55 crossing, approximately 7 miles north of the Florida state boundary (Cook, and others, 2002).
Estimated loadings were calculated for the Choctawhatchee, Pea and Yellow Rivers from concentrations of constituents and stream discharges (table 14). The total estimated total suspended solids (TSS) loading from the Choctawhatchee, Pea, and Yellow Rivers to Florida is 56,184 tons/year. The total estimated nitrate loading to Florida from the three rivers is 1,968 tons/year. The total estimated phosphorus loading to Florida from the rivers is 182.1 tons/year.
For all three constituents, the Pea River (GSA site PR3) has the highest loadings, followed by the Choctawhatchee and Yellow Rivers. The results of these studies are indicative of impacts from agricultural practices and developed land in surrounding areas (Cook and Murgulet, 2010). Water quality is discussed in more detail in the Water Quality section of the WMP.
RECOMMENDATIONS
The CPYRWMA should establish a program to monitor surface-water quantity and regularly update existing water quality data for streams discharging into Florida. The CPYRWMA should also establish a dialog with the Alabama Department of Environmental Management (ADEM) and the state of Florida regarding discharge entering Florida.
FLORIDA COASTAL ZONE IMPACTS
The Coastal Zone Management Act (CZMA) was enacted by Congress in 1972 to address measures intended to preserve, protect, develop, restore, and enhance the resources of the nation’s coastal zones by encouraging the coastal states to develop and implement their own federally approved coastal management programs (Florida Department of Environmental Protection (FDEP), 2012a). The Florida Coastal Management Program (CMP) was created as a result of the CZMA and allows Florida to promote the effective protection and use of the land and water resources in the coastal zone (FDEP, 2013). The CZMA requires the state Coastal Management Plan (CMP) to define boundaries of the state’s coastal zone, coastal land or water uses and natural resources that have a direct and significant impact on coastal waters, geographic areas of concern, authorities and enforceable policies of the CMP, guidelines on priorities of uses, organizational structure for implementing the CMP, shorefront access and protection planning, new energy facility planning, and shoreline erosion/mitigation planning (FDEP, 2013).
The Florida CMP defined seaward boundaries extending 3 miles into the Atlantic Ocean and 3 marine leagues (approximately 9 nautical miles) into the Gulf of Mexico (FDEP, 2013). Interstate boundaries are defined as the adjudicated boundary between Florida and Alabama to the west, and the northern lateral boundary as the adjudicated boundary between Florida and Alabama and Florida and Georgia (FDEP, 2013). For purposes related to planning and development projects related to the Florida CMP, only the geographical area encompassed by the 35 Florida coastal counties (counties that border either the Gulf of Mexico or the Atlantic Ocean) and the adjoining territorial sea is utilized (FDEP, 2013). No counties in Alabama are subject to Florida’s CMP.
RECOMMENDATION
The CPYRWMA should monitor conditions related to the Florida CMP and report updated information to the Alabama Governor’s Office, ADEM, and the Alabama Department of Conservation and Natural Resources (ADCNR). The CPYRWMA should also open a dialog with Florida officials to preemptively address proposed changes to coastal impact zones.
FLORIDA NUTRIENT CRITERIA
In 2009, the USEPA determined that new or revised water quality standards in the form of numeric water quality criteria for nitrogen and phosphorus are necessary for the state of Florida to meet the requirements of the Clean Water Act , which resulted in a consent decree between the Sierra Club, Florida Wildlife Federation, Conservatory of Southwest Florida, Environmental Confederation of Southwest Florida, and St. Johns Riverkeeper, in order to establish a schedule to propose and implement numeric nutrient criteria to meet Clean Water Act regulations (USEPA, 2013d). In June 2013, the USEPA approved proposed water quality standards in Florida’s Numeric Nutrient Standards Implementation Document for lakes, streams, spring vents, and southwest/south Florida estuaries (USEPA, 2013d). As part of this plan, the FDEP published information related to nutrient criteria for Choctawhatchee Bay, which is fed primarily by the Choctawhatchee River, with other inflows from nearby bayous (FDEP, 2012b).
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