Supreme Court Ruling Leaves Hole in Water Protections

Summer 2015
Volume 21, Issue 2
Official Quarterly Newsletter of the Coosa River Basin Initiative/Upper Coosa RIVERKEEPERR
Supreme Court Ruling Leaves Hole in Water Protections
T
he Georgia Supreme Court dealt a blow
to clean water in June, ruling that the
state’s 26-year-old buffer rules were
intended to protect only waterways with
“wrested vegetation” along their banks.
Represented by the Southern Environmental
Law Center, GRN and AR won their appeal
before a state Administrative Law Judge, but
EPD and Grady County appealed to Superior
Court where the decision was reversed.
The ruling leaves large areas of the state’s
wetlands and other water bodies unprotected.
In July 2014, the Court of Appeals of Georgia
ruled in favor of GRN and AR. And, finally,
the Georgia Supreme Court issued its
decisive ruling in June.
The ruling ends a three-year legal battle in
which Georgia River Network (GRN) and
American Rivers (AR) contested Georgia’s
Environmental Protection Division’s (EPD)
enforcement of the state Erosion and
Sedimentation Act.
At the heart of the battle are two words:
“wrested vegetation.” Wrested vegetation is
the point along a stream or river where the
water and action of flowing water prevents
plants from growing. In North Georgia
streams there are well defined banks and fastflowing water making this line between water
and land easy to determine, but in other
locations, especially in South Georgia, there
are places where defining where the water
ends and the land begins isn’t so clear.
In dissenting from the Court’s majority,
Justice Harold Melton wrote that the state
law was ambiguous. He argued that state
statutes explicitly provide “some level of
protection to all state waters.”
Georgia’s Erosion & Sedimentation Act is intended to protect
all of the state’s water, but a recent Supreme Court interpretation of this law exempts some water bodies from protections.
That was the case when GRN and AR appealed EPD permits
issued for a 960-acre fishing lake proposed by the Grady County
Commission in far southwest Georgia. The Georgia Water
Coalition members won their case in two lower courts, but
appeals ultimately brought it before the Georgia Supreme Court.
Opening of Bartow County Boat
Launch Creates River Renaissance
M
ore than six years in the making, the opening of the
Neel’s Landing boat ramp at US 411 marks a significant
milestone in the development of the Etowah River
Water Trail.
He wrote: “EPD’s extreme interpretation…
is unreasonable and manifestly contrary to
the statute, which is intended to “protect
water quality and aquatic habitat” of all state
waters. Providing no buffer at all to state
waters without sufficient wrested vegetation
works to the detriment of the statutory
purpose, and, as such, cannot be considered
reasonable.”
The Erosion and Sedimentation Act prohibits land disturbing
activity and construction within 25 feet of water bodies with
wrested vegetation (50 feet for streams that support trout).
EPD and Grady County were supported in their appeal to the
Supreme Court by a consortium of groups who filed an Amicus
Brief with the Supreme Court. The group was led by pro-business
organizations like the Georgia Chamber of Commerce and the
questionably named Council for Quality Growth, but also included
the North Georgia Water Resources Partnership (Partnership) and
the Georgia Association of Water Professionals (GAWP).
The Partnership is a regional coalition of water permit holders
and other interested parties in North Georgia that includes among
see Supreme Court , page 6
Bartow County officials and CRBI celebrated its opening May 14
with a dedication ceremony. The site includes a ramp suitable for
trailered boats, a large parking area, picnic tables and an Etowah
River Water Trail kiosk with river maps and other information. It
provides a critical take out site in the middle of a 27-mile stretch of
river that was previously without any developed public access.
CRBI began promoting the idea of a boat launch at the site in 2009
and over the next three years secured more than $20,000 in funds
to construct the facility.
Landowner Bob Neel agreed to provide the land for the project,
and Bartow County stepped in to build the boat ramp and parking
area, using county crews, donations and discounts from private
suppliers and CRBI’s $20,000 cash contribution. The arrangement
was a public-private partnership that enabled Bartow County to
build the facility at a reduced cost to county taxpayers.
“Without Bartow County’s commitment to the project, we would
still not have a boat launch at US 411,” said CRBI Advocacy and
Communication Coordinator Joe Cook. “It would have cost CRBI
more than $70,000 to build the facility through private channels.”
Private companies contributing to the completion of the site
included Rhodes Engineering, Basic Ready Mix, Vulcan Materials
and Full Circle Concrete Construction. Two $10,000 grants to
support the project were provided by Redwood Creek Wine
and REI.
see Bartow Boat Launch , page 6
Racers Run Water Gun Guantlet
for Clean Water
Katie Robbins of Rome tries to escape the “Water Gun Gauntlet” at CRBI’s Run for
the Rivers 5K held July 25 at Rome’s Ridge Ferry Park. The race attracted more
than 100 runners and helped generate some $10,000 for CRBI programs.
Page 1
DIRECTOR’S REPORT
Winter 2014 | Volume 20, Issue 1
Mainstream is published
four times a year by Coosa
River Basin Initiative.
Contact us via e-mail at
[email protected]
Visit us on our website at
www.coosa.org
Call us at
(706) 232-CRBI (2724)
Executive Director
David Tucker
Advocacy &
Commuication
Coordinator
Joe Cook
Program Coordinator
& Riverkeeper
Amos Tuck
Membership &
Events Coordinator
Shira Kerce
President
Chad Johnfroe
Vice President
Mary Lucchese
Treasurer
Barbara Crawford
Secretary
Terrell Shaw
Board Members
Blair Carter
Brian Foster
Billy Grant
Steve Hale
James Lossick
Nina Lovel
Bruce Nadu
Ron Niklasson
Katie Owens
Alan Reeves
Pamela Young
Advisory Board
Todd Carroll
Bill Harbin
Jerry Jennings
Bill McLemore
CRBI is a grassroots
environmental organization
that works to inform and
empower citizens to preserve,
protect and restore North
America’s most biologically
diverse river basin.
CRBI is a 501(c)3 non-profit
organization. All donations
are tax-deductible.
Designed by:
Monica Sheppard/7 Visuals
706.409.2777
[email protected]
Page 2
Coots Lake Neighbors Take Action to Protect Hills Creek
Since 1961, residents of Polk County
and surrounding areas have come
to cool off in Coots Lake, a private
lake open to the public, which
is now sandwiched between the
Silver Comet Trail and U.S. 278 near
Rockmart. Although I have never
visited Coots Lake, I have often
passed by on hot summer days
admiring the sandy beach filled with
sunbathers, the crystal clear water
and the well maintained grounds
surrounding the lake.
dirt would be moved, threatening
the Hulseys with another plume of
mud from upstream. One of their
first phone calls was to CRBI.
David Tucker
In their 50-plus years managing the lake, the
Hulsey family has seen a lot, including changes
to the landscape upstream along Hills Creek
which feeds the lake. About 15 years ago, an
adjacent property owner began operating an
inert landfill or “stump dump;” the result was
devastating for the Hulseys and Coots Lake. Dirt
and sediment from the operation washed into
Hills Creek muddying the lake and filling it with
sediment. State environmental regulators fined
the landfill operators but the Hulseys were still
left with a load of mud in their lake.
That landfill closed in 2007 so when the Hulsey
family learned that a new proposal was on the
table to reopen the landfill as a waste recovery
operation, they and their neighbors jumped into
action. If the proposal were approved, additional
After investigating, I provided
Pat and C.C. “Coot” Hulsey with
a letter of support in opposing
rezoning of the property to allow
expanded landfill operations. At
a packed July meeting of the Polk
County Planning and Zoning Board,
several downstream neighbors
voiced opposition to the landfill and referenced
CRBI’s opposition to the plan. The Board denied
the rezoning, and since then the applicant has
withdrawn the request for rezoning.
This is good news, not just for Coots Lake, but
for all the Coosa River basin. Hills Creek feeds
Euharlee Creek which flows to the Etowah River
and on to the Coosa.
This is a great example of citizen
empowerment—something that is integral to
CRBI’s mission. When our use and enjoyment
of our streams, rivers and lakes (like Coots)
is threatened by upstream land uses, you can
always count on those downstream to take a
stand. And, regardless of where you live, you’re
always downstream from someone.
RIVERKEEPER’S REPORT
Protecting Water Means Protecting Our Culture, Pastimes
are many naturally-occurring
pathogens that are found even in
pristine rivers.
On July 26, CRBI held its second
annual Swimmable Waters Day.
Last year, the event attracted about
50 people; this year more than 100
showed to take the plunge, floating,
swimming and playing their way
down the Oostanaula River in
downtown Rome.
It is clear to me: we, the people, have
spoken and we love jumping into a
clean river.
Amos Tuck
However, human activity has
greatly increased our chances of
becoming ill from swimming.
Failing septic systems, leaking
sewer pipes and overflows, run off
from farm operations and even pet
waste can contribute pathogens to
our streams and rivers. There are
many river systems across the world
that would be deemed un-swimmable due to the
inherent risk of illness caused by human-caused
pollution.
Swimmable natural waters have always been our
remedy for the hot Southern, summer sun. Each
year millions of people vacation on beaches,
lakes, and
Although we
rivers. Many
celebrated
of my fondest
swimmable
memories
water on the
involve
Oostanaula
jumping off
this year (and
docks, fighting
tests showed
waves, rope
safe bacteria
swinging, and
levels), there is
swimming
no guarantee
across lakes.
that our water
In college,
will remain
I even met
swimmable
friends every
so that future
Thursday
generations
afternoon for
can carry on
a river crawl
our tradition
workout in the
of summer
Oconee River
cool downs in
near Athens.
We have swimmable water today in many of our rivers and streams, but there’s no guarantee things
flowing water.
will stay that way for future generations.
But, what
Our rivers,
exactly
lakes, beaches, and streams will always be at
makes water swimmable? And, is our water
risk of no longer being the refreshing summer
swimmable?
paradises of our past.
Swimmable water is any water system that can
be enjoyed by physical contact and submersion
with little risk of illness. Our waters will never,
and were never, 100 percent swimmable. There
Thus, we must be good stewards of our land and
water. In doing so, we are not just preserving
our environment and clean water, we are also
protecting our culture and pastimes.
New WATERFEST Date, But Same
Fun Time
WATERFEST XV may have changed dates and locations this year,
but the paddle-powered fun remained the same as hundreds of
river-lovers participated in fun events throughout the weekend of
June 5-6.
Runners in the 5K and 1 mile fun run ranged in age from 2
year-old AC Carroll running with his mother Alison, to Max
and Gaynell Tucker, parents of CRBI’s Executive Director David
Tucker, who participated in their first 5K event at the ages of
84 and 85. Tyler Woodard, of Carrollton, was the overall men’s
winner with a time of 17:35. Allison Carroll won the women’s
division with a time of 22:25.
Held as a part of Waterfest last year, this year’s run became a
stand-alone event and raised nearly $10,000 for CRBI. Sponsors
included GoGo Running, Floyd Medical Center, Scott Logistics,
River City Bank, Cedar Valley Container Corp., Rome Orthopaedic
Center, and WC Timber.
More Than 100 Float to Celebrate
Swimmable Water
More than 100 people joined in CRBI’s second annual Swimmable
Water Day event on the Oostanaula River in Rome July 26. The
rainbow-colored flotilla of tubes, floats and paddleboards did
battle with water canons, swam and soaked in the cool water as
afternoon temperatures soared into the 90s.
The “Life of Pi” crew from Girl Scout Troup 26711 drift down the Oostanaula River during the Blue
Sky Outfitter Recycled Raft Race.
Starting Friday evening in Heritage Park, dozens tried their hand
at kayak tug-o-wars, battling one on one to pull their opponent
across Cedar Creek Park’s giant portable pool. CRBI’s own
Riverkeeper Amos Tuck took home the title in the men’s division,
while longtime CRBI volunteer April Godfrey won the women’s
division.
Saturday morning started bright and early with a 6-mile canoe,
kayak, and paddleboard race down the Etowah River. Meanwhile,
the Blue Sky Outfitter’s Recycled Raft Race plotted a one-mile
course on the Oostanaula River where the “Life of Pi” crew, from
Girl Scout Troup 26711, took home top honors by finishing first.
After the river racers crossed the finish line, the team canoe
tug-o-wars began. After several grueling rounds, CRBI’s Team
Musselheads came out on top, beating out Provino’s Team Pasta to
claim their second win in three years.
Sponsors of the event included Cedar Creek Park, WLAQ, 95.7
The Ridge, Blue Sky Outfitters, Johnson Outdoors, Soymet
101, Marglen Industries, Georgia Power, Mohawk Industries,
International Paper, Harbin Clinic, SCANA Energy, WSB-TV
Family 2 Family, Burgess Insurance Services, Terra Renewal,
Patagonia, Walker Orthotics & Prosthetics, Old Town, and River
Dog Paddle Co. CRBI raised nearly $14,000 through the
weekend’s festivities.
Runners Make A Splash for Clean
Water at 5K Race
CRBI’s Run for the
Rivers 5K and Fun
Run made a splash
at Ridge Ferry
Park on Saturday,
July 25, as nearly
100 runners and
walkers beat the
heat with this fun,
water-filled 5K.
Along the 3-mile
course, runners
were pelted with
water balloons,
raced through
a water shower
provided by
City of Rome
firefighters and
braved a gauntlet
of water gun
bearing volunteers.
The grand finale
was a giant water
slide at the
finish line.
The event was part of a larger international event organized by
the Waterkeeper Alliance to celebrate swimmable water and bring
attention to those rivers and streams that are not clean enough
for swimming.
Many streams in
the Coosa River
basin are considered
“polluted” because
of high bacteria
levels. This
pollution can come
from failing septic
systems, leaking
sewage pipes and
overflows, farm
operations, pet
waste and even
wildlife.
CRBI’s recent tests
of the Oostanaula
and Etowah rivers
show that these rivers have bacteria levels within acceptable limits
for swimming at most times. Bacteria levels usually are elevated
after heavy rains when polluted stormwater run off and sewage
overflows are more common.
Natalie Craig and Charlene Franklin run the water canon gauntlet
during the Run for Our Rivers 5K Race.
Page 3
Corrective Action to end fish
deaths, pollution at Plant
Hammond Stalled…Again
G
eorgia’s Environmental Protection Division (EPD) told
CRBI at a July meeting that action to eliminate warm
water discharges from Georgia Power Company’s Plant
Hammond to the Coosa River will be temporarily postponed.
A limited EPD staff and concerns over new federal regulations for
the disposal of coal ash, the toxic residue left when coal is burned
to generate electricity, are too blame, according to EPD.
The state agency is currently drafting a permit that will regulate
pollution limits for the Georgia Power’s Plant McDonough on the
Chattahoochee River—the first power plant at which EPD will
enact new coal ash regulations.
Developer Asks To Remove
“Water Feature” From Planned
Shopping Mall on City Property
Around Burwell Creek
R
ome City Commission’s Redevelopment Committee in
July gave their initial approval to remove a requirement
for a public “water feature” in plans for a 60-acre shopping
center proposed for city-owned land around Burwell Creek and
adjacent to Riverside Parkway.
The Committee also voted to allow Ledbetter Properties to purchase
11.5 acres of the 80-acre parcel for $84,735 (about $7500 per acre) to
develop “Phase 1” of the project--a 108-unit apartment complex.
The “water feature” was originally included in the memorandum
of understanding between the City and Ledbetter Properties to
compensate for the loss of the Duck Pond, a popular public water
feature at the corner of Riverside Parkway and Turner McCall Blvd.
CRBI immediately contacted city administrators and
commissioners, urging them to maintain the requirement for a
water feature and to reconsider the sale price for the 11.5 acre parcel.
Property along Riverside Parkway similar to the 11.5 acre tract
recently sold for as much as $75,000 an acre.
CRBI recommended that the developers use existing wetlands
on the development site to create a “water feature” by building a
boardwalk through the wetlands that would connect recreational
trails at adjoining city parks.
This intake structure at Plant Hammond can pump up to 590 million gallons a day from the Coosa.
The massive withdrawal results in the deaths of thousands of fish annually. CRBI and the Sierra Club
sponsored a paddle in May to educate people about this issue.
In 2014, Ledbetter Properties presented new site plans for the
60-acre development that preserved the majority of the on-site
wetlands, providing an opportunity to create a natural recreational
corridor through the heart of the proposed retail complex.
Jac Capp, Watershed Protection Branch Chief at EPD, told CRBI
that with limited staff he could not commit additional staffers to
work on Plant Hammond until all issues were settled with Plant
McDonough. EPD fears that its new coal ash regulations will be
challenged in court by environmental groups, including CRBI
partners within the Georgia Water Coalition.
EPD’s efforts to address pollution at Plant Hammond hit an
additional snag when EPD’s computer modeling expert died
earlier this year.
Plant Hammond, located west of Rome, uses as much as 590
million gallons a day (MGD) from the Coosa and returns that
water at an elevated temperature. Recent readings taken by CRBI
at the plant’s discharge showed water at 100 degrees Fahrenheit.
River temperatures during July ranged from 72-82 degrees
Fahrenheit.
During this same time period flows on the Coosa dipped to as
low as 1200 MGD, meaning that on some days, as much as half
the flow of the river could be removed and returned at elevated
temperatures.
Additionally, the plant’s massive withdrawals result in the deaths
of thousands of fish, according to a Georgia Power study. The
study estimated that 30,000 to 60,000 fish could perish annually
when they get sucked into the plant’s water intake.
The bueracratic foot dragging has been ongoing since 2004. That’s
the year that EPD initially told Georgia Power that it needed to
install cooling towers at Plant Hammond to eliminate its warm
water discharge.
Years of data collection followed after Georgia Power and others
objected to the data EPD used to reach that initial conclusion.
Since 2008, EPD has repeatedly delayed analysis of the data and
the creation of a corrective action plan for the Coosa.
These delays can be attributed in part to an under-funded and
under-staffed regulatory agency. EPD’s 2014 budget was 40
percent below 2008 levels and despite increased state revenues
since 2010, allocations for environmental programs remain
stagnant.
CRBI will continue to monitor EPD’s action at Plant Hammond
and advocate for a permit that ends the facility’s warm water
discharge and the death of thousands of fish.
Page 4
Paddlers explore Burwell Creek near downtown Rome. Land on either side of the creek is slated for
development into a 60-acre retail center.
Renew our Rivers
S
ome 144 volunteers removed more than 1500 pounds of
trash from Rome’s three rivers during Keep Rome-Floyd
Beautiful’s annual Renew Our Rivers clean up on June 5 in
downtown Rome.
The cleanup targeted
the Etowah, Oostanaula
and Coosa rivers as
well as tributaries of
these rivers. CRBI led a
six-mile paddle down
the Etowah to clear
debris between Dixon’s
Landing and Heritage
Park, a popular section
with paddlers and tubers.
Thomas Oyler participates in the Renew Our Rivers
cleanup June 5.
Volunteers from Georgia Power Co. and the Rome-Floyd ECO
River Education Center traveled the Oostanaula and Coosa rivers
to remove litter on those rivers. As usual plastic drink bottles were
the number one trash item found.
Volunteers found less trash on the rivers than in previous years
when the event was held at Brushy Branch Park on the Coosa
in western Floyd County. The cleanup grew out of a fishing
tournament hosted by Georgia Power Plant Hammond employees
who became concerned about the trash in the river and has now
become a annual spring tradition on Rome’s rivers.
Dallas Sewage Plant Construction Ahead of Schedule
CRBI Secures Stronger Protections for Little River
The City of Dallas’ new $18 million sewage treatment plant should
begin operation in September, three months ahead of schedule,
according to Dallas City Manager Kendall Smith.
A Woodstock sewage treatment plant will have to remove more
pollutants from its discharge thanks to comments made by CRBI
during the renewal of its state permit to pump treated wastewater
to the Little River.
In March CRBI submitted comments to Georgia’s Environmental
Protection Division (EPD) urging the agency to enact stricter limits
on the amount of ammonia that the Cherokee County Water &
Sewerage Authority’s Fitzgerald Creek Water Pollution Control
Plant discharges to the Little River.
EPD originally proposed ammonia limits of 2.3 mg/L, a level that
exceeded the U.S. Environmental Protection Agency’s criteria for
chronic exposure to this pollutant. The revised permit established
a limit of 1.65 mg/L, below the chronic exposure threshold.
High ammonia levels in water can stress and even kill fish.
Little River is known habitat for the federally threatened
Cherokee darter.
Jumping into the Etowah River will be even more inviting once the City of Dallas completes its new
sewage treatment plant. The facility discharges treated wastewater to a tributary of Pumpkinvine
Creek which empties into the Etowah River just upstream of this popular jumping rock.
Once online, the city’s existing treatment plants will be closed and
the new facility will treat up to 1.5 million gallons of wastewater
daily. The city currently treats about 900,000 gallons per day. The
new facility will discharge treated wastewater to Lawrence Creek,
a tributary of Pumpkinvine Creek which flows to the Etowah
River.
Rome City Crews To Get Training After Clear Cutting
River Bank
The City of Rome Street Department will get additional training
on state laws protecting natural areas along rivers and streams
after CRBI reported a clear cut along the Oostanaula River to state
environmental regulators.
City crews clear cut understory vegetation along about 1200 feet
of river bank adjacent to a riverside walking trail in Ridge Ferry
Park, violating state laws that prohibit the wholesale removal of
plants within 25 feet of the top of the river bank.
Between 2007 and 2012, the city violated its sewage discharge
permit more than 3,000 times and was cited for 750,000 gallons
of sewage spills. Prompted by the threat of legal action by CRBI,
the city in 2012 raised water and sewer rates and applied for state
loans to help fund construction of the new treatment facility.
Earlier this year, the city was fined more than $5000 for failing to
meet requirements for ammonia in its discharge and for an illegal
discharge of sewage that was caused during construction of the
new treatment plant.
Landfill Stopped in Polk County
Rockmart residents are breathing a little easier after the Polk
County Planning and Zoning Board denied an application for a
landfill/waste recovery operation along Hills Creek, which feeds
Coots Lake, a popular public swimming spot for local residents.
The proposal would have reopened an existing inert landfill
upstream of Coots Lake and used the site as a waste recovery/
recycling facility. Neighbors feared the operation would involve
additional land clearing that would send mud into Hills Creek
and Coots Lake.
At a packed Board meeting in July, several local residents spoke
in opposition to the landfill operation and cited a CRBI letter of
support opposing the rezoning request.
The Board then voted to deny the rezoning. Since that time the
applicant has withdrawn the request for rezoning.
Rome City Street Department crews will undergo training programs to familarize themselves with
Georgia’s stream buffer laws after they removed vegetation along the Oostanaula River near a
riverside recreational trail.
Georgia’s Environmental Protection Division (EPD) turned the
investigation over to the Rome-Floyd County Building Inspection
department which is responsible for enforcing Georgia’s Erosion &
Sedimentation Act in Floyd County.
After visiting the site, Environmental Compliance Manager
Brian Roberts ordered City of Rome Public Works Department
employees to attend courses designed to educate operators of
heavy equipment about Georgia’s Erosion & Sedimentation Act,
including provisions protecting natural areas along streams.
The Public Works Department agreed to have both operators and
mid-level managers attend the training. Roberts said the training
will also be open to Floyd County employees and utility workers
in adjoining areas.
Natural buffers, or no build zones, along rivers and streams help
keep pollution out of our streams, prevent streambank erosion,
keep sediment from entering streams, provide habitat for landbased and aquatic wildlife, and help regulate the temperature of
the water by providing shade.
A popular swimming spot, Coots Lake could have been impacted by a proposed waste disposal and
recovery operation upstream along Hills Creek.
Georgia law establishes a 25-foot natural area on either side of
warm-water streams and a 50-foot buffer on streams supporting
trout. Property owners can thin vegetation within the buffer, but
clear-cutting is prohibited.
Page 5
Supreme Court
Bartow Boat Launch
its goals water planning to assure abundant clean water for future
generations. The GAWP, which includes among its members most
water providers in the Coosa River basin, exists for the stated
purpose of the “proper management and protection of Georgia’s
water resources.”
The addition of the facility has created a river renaissance.
Weekends find the parking lot full and Euharlee Creek Outfitters
reports a record season for its canoe, kayak and tube rental
business. Academy Sports in Cartersville also has reported an
uptick in sales of canoes and kayaks in 2015.
, continued from page 1
, continued from page 1
The increased use of the river has created some issues, however.
Bartow County officials report a growing number of complaints
from property owners downstream of US 411 who have had to aid
stranded boaters that underestimate float times from US 411 to
Grizzard Park in Rome.
Information on Etowah River Water Trail kiosks at the launch
site report that the 16-mile canoe or kayak trip from US 411 to
Grizzard Park can take up to 10 hours. Unfortunately, not all are
heeding the signs. CRBI does not recommend tubing or rafting
this section in a single day.
Ambiguity in Georgia’s stream buffer laws leaves some water bodies unprotected and open for
development.
Unfortunately, the Partnership and GAWP, organizations that
should be supporting laws that protect clean water, sided instead
with anti-regulation business interests.
The Georgia Chamber of Commerce and other pro-business
groups claimed that if the Supreme Court upheld the lower
court ruling it would lead to an “unnecessary, cumulative and
cumbersome new level of permitting.”
Ultimately, the Supreme Court ruling maintained the status quo
for Georgia’s buffer laws, but sadly those laws currently leave
some water bodies without buffer protections.
The science is clear that natural buffers along water bodies are a
key defense for clean water. They help filter pollutants, keeping
them out of our water while providing important habitat for
wildlife, both in the water and on land.
CRBI and the Georgia Water Coalition will continue the fight to
eliminate ambiguity in our stream buffer laws and secure buffer
protections for all the state’s water.
The new Neel’s Landing boat ramp at US 411 on the Etowah River was officially opened with a
dedication ceremony on May 14.
In other water trail news…
Canton’s Etowah River Park opened earlier this year, providing a
canoe and kayak launch three miles upstream of the city’s Boling
Park and 13 miles downstream from East Cherokee Drive. CRBI is
working with the city’s parks and recreation department to install
an Etowah River Water Trail informational kiosk at the site.
Earlier this year, CRBI secured a $5,000 grant from the Lyndhurst
Foundation to create recreational river guides for the Conasauga,
Coosawattee, Oostanaula, Coosa and Chattooga rivers in
northwest Georgia. These guides will include information about
public access points, navigational hazards and points of interest
in the river corridor. The guides will be created in conjunction
with Georgia River Network and its water trails program and
will ultimately be published online along with printable and
interactive maps.
SweetWater Save Our Water Campaign Creates a Summer of Fun
S
During July, CRBI supporters
gathered at multiple venues to
enjoy SweetWater beer, win prizes
and fellowship with other river
lovers. John Schroeder and Mule
Tide Perkins performed in the
courtyard at Schroeder’s New Deli,
Jefferson’s in Rome hosted a “Meet
the Riverkeeper” night, contestants
“Can-noodled” for SweetWater beer
and prizes from a cooler at Mellow
Mushroom in Rome and Jerry on the
Moon played a benefit concert
at Dark Side of the Moon after a
special beer dinner at the downtown
Rome bar.
weetWater Brewery has helped
CRBI create a “Summer of Fun”
through its “Save Our Water”
campaign, and thus far has helped
raise more than $3000 for river
protection projects. The fun continues
with events Aug. 28 and 29.
On Friday, Aug. 28, CRBI and
SweetWater will team up for an
evening of beer specials and prizes
at River Street Tavern in Ellijay.
Riverkeeper Amos Tuck will be on
hand to answer questions about river
issues and share river trivia.
The fun continues Saturday, Aug.
29, with a six-mile paddle on the
Etowah River from Dixon’s Landing
at Grizzard Park to Heritage Park
in Rome. The paddle begins at 10:30
and will be followed by lunch in
downtown Rome at local restaurants
that have supported the Save
Our Water campaign, including
Jefferson’s, Schroeder’s New Deli,
Mellow Mushroom, and Dark Side of
the Moon.
Canoe, kayak and paddleboard
rentals are available, as well as
complimentary shuttles.
Page 6
At each event raffle tickets were sold
to win a special edition SweetWater
paddleboard donated by the Atlantabased brewery and valued at $2000.
Kathy Mulchrone of Winterville was
the winner of the board.
CRBI Board Member Blair Carter “can-noodles” for a SweetWater beer during the Save
Our Water event at Mellow Mushroom.
SweetWater’s Save Our Water
campaign is a partnership with the
international Waterkeeper Alliance
that raises hundreds of thousands of
dollars for river protection groups
across the nation. SweetWater
supports clean water because it takes
good water to make great beer.
Georgia-Alabama Water Feud Continues; Both States Sue
Corps of Engineers Over Management Plan for Coosa
G
Reduced flows on the
Coosa would hamper
the river’s ability to
assimilate pollutants
from municipal and
industrial wastewater
discharges.
eorgia’s water
war with
Alabama is
back in full swing
after both states filed
lawsuits against the
U.S. Army Corps of
Engineers over its
re-write of the manual
that determines how
the Corps manages
water releases from its
dams in the AlabamaCoosa-Tallapoosa
river system.
Georgia filed suit in
November; Alabama
followed in May with
legal action of their
own. Both complaints
revolve around the
operation of Allatoona
Dam and withdrawals
and releases from the
big federal reservoir.
Alabama has claimed in a lawsuit filed against the U.S. Army Corps of Engineers that hydropower generation at dams on the
Coosa like this one at Weiss Lake will be negatively impacted by the Corps’ plan to withhold more water in Lake Allatoona during
certain periods of the year.
Georgia’s suit claims that by failing to consider changes to the
control manual that would allow more water to be pumped from
Lake Allatoona for metro Atlanta’s water supply, the
Corps is shirking its responsibility and causing Georgia to
invest in unnecessary and environmentally damaging water
supply reservoirs.
Alabama’s suit claims that the Corps’ plan to delay the winter
drawdown of Lake Allatoona will result in reduced flows into
Alabama and a loss of hydropower production at Alabama Power
dams on the Coosa.
The complaint also claims that the reduced flows will result in
damaging the health of the Coosa River in Alabama—a concern
that the U.S. Environmental Protection Agency (EPA) also raised
in its comments regarding the update of the control manual.
Donations from CRBI Supporters
Send Local Youth to ECO Camp
T
hirty area school children
participated in CRBI’s
two environmental camps
this summer. The camps, for
children in grade 3-9, were held
in conjunction with the Rome/
Floyd ECO River Education.
The first camp held was the
CRBI-ECO Camp for grades 3-5.
Campers were introduced to the
local ecology through hands-on
experiences and education programs. Highlights included collecting fish from Burwell Creek,
learning how to conserve water
while slingshoting water balloons 100 yards, and interactive
games about our local ecology.
Participants in the Explore Floyd County
Summer Camp inspect a snake found during a
snorkeling trip at Rolater Park in Cave Spring.
The second camp was the Explore Floyd County Camp for middle
school-aged children. Each day campers were taken to a new
destination in Floyd County. They hiked up Lavender Mountain
at Berry College, snorkeled in Cave Spring and paddled on Heath
Lake as well as the Oostanaula and Etowah Rivers.
In addition to the twenty paying campers, CRBI was able to
provide scholarships for 10 underserved youth. The scholarships
were made available through donations made at River Revelry
in 2014. If you are interested in providing a scholarship for underserved
youth in 2016, please contact Riverkeeper, Amos Tuck, at [email protected].
Finally, Alabama’s
complaint raises
questions about
the Corps failure to
consider the impacts of
new and proposed offstream water supply
reservoirs in Georgia
like the Richland Creek
(Paulding County),
Hickory Log (Cherokee
County) and Russell
Creek (Dawson
County) reservoirs.
Ironically, these are the
very reservoirs that
Georgia claims must be built because the Corps has failed to allow
more water to be drawn for Lake Allatoona.
CRBI believes that any water sharing agreement between Georgia
and Alabama must include a cap on the amount of water Georgia
water users can withdraw from Lake Allatoona and other portions
of the upper Coosa River basin. Georgia must implement water
efficiency measures that ensure that the state never reaches that
cap, and that adequate flows remain in the river to protect the
health of the Coosa and downstream communities.
Meanwhile, Alabama must concede that metro Atlanta in 2015
is a much different place that Atlanta in 1950 when Allatoona
Dam was constructed. Water supply must be one of the
reservoir’s primary purposes. Failure to optimize use of the water
impounded in Lake Allatoona will result in the construction of
multiple new reservoirs that will cost Georgia taxpayers and
water users millions, wreak extensive environmental damage and
ultimately reduce flows downstream to Alabama.
Species Spotlight: American
Beaver, Castor canadensis
The North American beaver, Castor canadensis, is a “keystone species” for clean
water. Easily recognized by its dark brown fur and large paddle-shaped tail, the
North American beaver is the largest rodent in North America.
Known for their alterations of aquatic landscapes, beavers build dams that slow
the flow of water creating ponds and wetlands. Although beaver dams can be
damaging to roads and property, they are of the upmost importance to healthy
water. Their ponds and wetlands allow pollutants to settle out before they reach
our rivers. Studies have shown that beaver dams improve the health of downstream water by filtering bacteria, nutrients, sediment, and other pollutants.
The wetlands beavers create also provide flows to streams in periods of drought
by storing water and allowing it to percolate into the water table.
The North American beaver’s influential effect on its ecosystem has earned it the
title of a keystone species. A keystone species is a species that has a major effect
on its environment disproportionately related to the species abundance.
Page 7
River Revelry Returns to Rome Aug. 22
T
he best end-of-summer party on the
planet returns to Rome’s Heritage
Park Aug. 22 from 6-11 p.m.
River Revelry— A Biodiversity Bash will
feature a Barbecue Battle to determine the
best barbecue in the Coosa River basin,
beer from New Belgium Brewery, wine
from Barefoot Wine & Bubbly, live music
from Jerry on the Moon and live and
silent auctions.
While most revelers will arrive at the
party in the traditional manner, many
party-goers will “Come As You Float,”
joining together for a 1.5-mile float
trip down the Oostanaula River from
Ridge Ferry Park to Heritage Park. Four
complimentary tickets will be given
to the vessel that makes the “biggest
impression.”
The taps will be flowing with New Belgium Beer at River Revelry Aug. 22 in Rome’s Heritage Park.
Tubes, floats, canoes, kayaks, rafts and
any other floating vessel are welcomed.
The trip begins at 5:30 p.m. at Ridge Ferry
Park. Shuttle service will be provided.
There is no cost to participate.
Additionally, Riverkeeper Amos Tuck
and his wife Sarah will defend their title
of King & Queen Musselhead against
challengers Mike and Connie Sams, Blair
and Heather Carter and Alan and Rona
Crawford. The couple that raises the most
money for CRBI will wear a crown of
CALENDAR
OF EVENTS
Learn more on our calendar of events
at www.coosa.org
Aug. 22
River Revelry —
A Biodiversity Bash
Aug. 28
SweetWater Beer
Save Our Water Event at
River Street Tavern in Ellijay
Aug. 29
SweetWater Beer
Save Our Water Paddle
on Etowah River
Sept. 5
Fish Weir Paddle
on Etowah River
Sept. 20
Etowah River Water Trail
Rodeo Fundraiser
Sept. 28
Harvest Moon Paddle
on Coosa River
Oct. 11
Paddling Through
History Fundraiser
at Valley View Farm
Oct. 17
Rivers Alive Cleanup
Oct. 31
Fall Foliage Paddle
on Etowah & Coosa
Nov. 7
Fish Fry & Catfish
Kissin’ Contest
Page 8
mussels at the party. Donations can be
made online at www.coosa.org/events/
river-revelry/king-and-queen-of-riverrevelry
Tickets can be purchased online at www.
coosa.org and are $45/individual or $40/
each for two or more tickets. After Aug.
15 all tickets will be $45. Tickets can also
be purchased at the gate.
For updates on River Revelry and to
Paddle To Raise Funds
for Building Etowah
River Water Trail
A
paddle trip, dinner and kayak
raffle on Sept. 20 will raise
money for CRBI’s work to
develop and promote the Etowah
River Water Trail.
The event includes an 8-mile paddle
from the Leake Mound site at Ga.
113 in Cartersville to Euharlee Road,
followed by a catered dinner from
Johnny Mitchell’s Smokehouse at
Frankie Harris Park in Euharlee.
Coopers Furnace Lager, a specialty
brew from the Anheuser-Busch
Cartersville Brewery, will be featured
at the dinner. The lager is named
after the historic iron furnace located
near Allatoona Dam on the Etowah.
The event will also feature a silent
auction and a raffle for a kayak
donated by The Outside World
in Dawsonville.
Tickets are available online at www.
coosa.org/events/etowah-riverwater-trail-rodeo Tickets are $50
or $45 for two or more and include
raffle tickets to win the kayak, dinner,
drinks, and boat rentals and shuttles
courtesy of Euharlee Creek Outfitters
and CRBI.
The event is organized by
the Etowah River Water Trail
Stakeholders Group, a consortium
of local governments, non-profit
organizations, businesses and private
landowners working to develop the
163-mile long trail.
view some of the auction items that will
be available, join our Facebook event at:
www.facebook.com/coosariverbasin
Sponsors of River Revelry include
Eagle Rock Distributing Company, New
Belgium Brewery, Barefoot Wine &
Bubbly, Jerry on the Moon, V3 Magazine,
WLAQ, 95.7 The Ridge, Carvalho &
Associates, Dempsey Lord Smith LLC,
Venue Dog, Heritage First Bank, Fast
Printing & Signs, and 7 Visuals.
Paddling Through History
at Valley View Farm Oct. 11
W
hat better way to spend a Sunday in the
fall than with a paddle trip down the
beautiful Etowah River, a tour of the historic
Valley View Farm in Cartersville, and some delicious
barbecue from Johnny Mitchell’s Smokehouse?
CRBI supporters and paddlers from around
Northwest Georgia will have the chance to do just that
with Paddling Through History on Sunday, Oct. 11.
This special
fundraising event
includes tours of
Valley View Farm,
a 6-mile paddle
on one of the most
scenic stretches of
the Etowah River,
and a catered
dinner with beer,
wine, a live auction,
and a kayak raffle.
Valley View Farm
is one of the
most significant
antebellum historic
sites in the Etowah
River Valley, a home Historic Valey View Farm will be one of the
that predates the
highlights of the Paddling Through History event.
Civil War and was The antebellum plantation includes many of the
occupied by Union its original furnishings.
troops during the
Atlanta Campaign. Tours of the home by owners Mary
and Bob Norton are a highlight of this special event.
Tickets can be purchased online at www.coosa.org,
and only a limited number are available. The event has
sold out for the last two years, so order your tickets
now before they’re gone! The suggested donation
is $75/person or $130/couple and includes tours of
Valley View, canoe or kayak rentals for the paddle trip,
dinner, beer, wine, a year’s membership in CRBI, and a
chance to win a new recreational kayak.