Fight for Tennessee River Water Could Go to Supreme Court

The U.S. Supreme Court will likely have to decide where the Georgia – Tennessee line really lies and whether Georgia is entitled to any of the water in the Tennessee River, according to State Senator John Wilkinson (R-Toccoa).

Speaking at last week’s Policies and Pastries breakfast in Carnesville,  Wilkinson said a resolution was passed in the Senate during this year’s legislative session in an effort to get more water to the ever-expanding metro Atlanta area.

In March, the Georgia Senate voted 48-2 to approach Tennessee with an offer, but they amended the resolution to direct the attorney general to start litigation if no agreement is reached.

Access to Tennessee River water, Wilkinson said, could keep the state from looking to Hartwell Lake and the Upper Savannah River Basin to supplement Atlanta’s water needs.

“If we had some of that Tennessee water and we could direct it towards at Atlanta, that would be good for us in the Savannah River Caucus,” he said.

Wilkinson said the State believes when the state lines were originally drawn, part of the Tennessee River would have been in Georgia.

“When they drew that line between Georgia and Tennessee the boundary was supposed to be the 35th parallel,” Wilkinson said. “But they didn’t follow the 35th parallel.  We really have the rights to some of that water in the Tennessee River. They got so much water up there, a billion gallons a day that’s just extra, excess water.”

Tennessee lawmakers have so far refused to acknowledge Georgia’s argument and Wilkinson said the matter will likely end up in the U.S. Supreme Court.

“The U.S. Supreme Court decides boundary disputes between the states,” Wilkinson said. “So I think you’re going to see Attorney General Olens taking that to the Supreme Court. Depending on how that turns out, you’re going to see some real implications for water use statewide.”

The Georgia House also called on Tennessee to put the boundary back to where it was originally.

House Resolution 4 asks Tennessee to avoid litigation by moving the state line back to the 35^th parallel where it was originally in 1818.

But Tennessee lawmakers introduced a resolution in February criticizing Georgia’s attempts to reopen the 190-year boundary dispute, calling it quote,  an “ill-conceived” and “heinous assault on the sovereignty of Tennessee.”