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Lake Lanier Association Files Memorandum of Law

Published Nov 2, 2007

In the Lake Lanier Association's  ongoing efforts to keep our lake clean and full, on October 26, 2007 the association submitted a Memorandum of Law to the U.S. District Court, Middle District of Florida, Jacksonville Division, in support of the motion of the State of Georgia for Preliminary Injunction against the severe withdrawals from Lake Lanier by the US Army Corps of Engineers.

The Lake Lanier Association summarized its position as follows: 

No basis in fact or law for the Corps' Interim Operating Plan's requirement of a 5,000 cubic feet per second flow at the Chattahoochee gauge, and that the flow should be reduced; 

The Endangered Species act does not require more than the natural flow of the ACF to protect the mussels and sturgeon identified as being at risk. 

The Corps is required to protect and balance all purposes for the construction of its facilities in the ACF as identified in their 1930's study and has not supported some of the purposes by increasing Lake Lanier's discharge in excess of its natural inflow. 

The Lake Lanier Association also addresses the impact of the excessive releases on residents, businesses and boaters on Lake Lanier and included as an exhibit a copy of a study of Lake Lanier's economic impact of recreation as evaluated in a 2001 Marine Trade Association of Metro Atlanta (MTAMA) Study.   

The entire Memorandum of Law is on the association's web site, www.lakelanier.org and accessible from the home page. 

The Lake Lanier Association's board of directors continues to monitor this situation and will act in its ongoing efforts to protect Lake Lanier and represent the rights of its members.

Source:  Lake Lanier Association

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