This original jurisdiction proceeding arises from a dispute between the States of Florida and Georgia regarding Georgia’s use of water in the ApalachicolaChattahoochee-Flint River Basin (the “Basin”), which encompasses parts of Georgia, Alabama, and Florida. In its Complaint, Florida alleges that it has suffered serious harm to its ecology and economy – particularly in Apalachicola Bay (the “Bay”) – because of reduced flows in the Apalachicola River (the “River”) resulting from Georgia’s increasing consumption of water from the Basin. Florida therefore seeks an equitable apportionment of the waters of the Basin. This action is the latest battle in a long-running war between the State of Florida and the State of Georgia over the use of the waters of the Basin. Florida has long maintained that it is entitled to streamflow in the River adequate to sustain the riverine and estuarine ecosystems in the River and the Bay (collectively, the “Apalachicola Region”) as well as the livelihood of those, like the oystermen of the Bay, who make their living from these ecosystems. Georgia, for its part, has insisted that it be permitted to consume sufficient water from the Basin to meet the municipal and industrial water demands of the Atlanta metropolitan area as well as the agricultural irrigation demands of farmers in southeastern Georgia.
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