WABE: 8th Circuit dismisses AL/FL/GA tristate water war at last, while a few of the original filing lawyers are still alive

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Court dismissal ends major tri-state water wars lawsuit in Apalachicola-Chattahoochee Flint River Basin

Marisa Mecke | WABE

February 25th, 2026

 

The state of Alabama has formally dismissed its legal challenge against several Georgia groups in an important water agreement from the tri-state water wars. 

On Feb. 19, the U.S. Court of Appeals for the Eleventh Circuit granted a request from the state of Alabama to dismiss its appeal challenging the U.S. Army Corps of Engineers’ water control plans for the Apalachicola-Chattahoochee-Flint River Basin. 

That river basin covers north Georgia, flows through Alabama and lets out to the ocean in Florida’s Apalachicola Bay — and the states have been arguing over metro-Atlanta’s use of that water for decades. 

 

Since the city is at the headwaters of these rivers, disputes over metro Atlanta using too much water have bogged the states down in lawsuits covering several river basins. 

This completes a settlement reached back in December 2023 by the Atlanta Regional Commission, major water providers in metro Atlanta and North Georgia, the state of Georgia, the Corps of Engineers and the state of Alabama. 

 

The agreement establishes “flow objectives” that provide certainty for downstream communities — like Columbus, Georgia, Lake Seminole on the Georgia-Florida border and Columbia, Alabama — as well as “Drought Zone” operations, which outline procedures for severe droughts. 

Partners hashed out the agreement in lengthy court-supervised mediation, and the court paused pending litigation while the Corps studied the objectives and completed environmental review. Partners in the agreement say the finalization of this agreement demonstrates cooperation and problem solving across state lines. 

“For the first time since 1989, there is no litigation between the states in this basin,” said ARC Executive Director and CEO Anna Roach. “This agreement heralds a new era of cooperation that will benefit both states and all stakeholders.” 

 

Katherine Zitsch, director of water strategy for the Metro Atlanta Chamber, said the chamber is grateful to Georgia Gov. Brian Kemp and Alabama Gov. Kay Ivey for laying the groundwork for cooperation and long-term success. 

“While there are still active lawsuits pending, this dismissal is a major milestone that underscores the power of collaboration across state lines. This action shows us that partnership can move us forward,” said Zitsch. 

 

The settlement comes as Georgia is currently in a drought — almost a third of the state is under “severe drought” designation. As droughts become more frequent and severe with the impacts of climate change, interstate agreements over water like this one will play a bigger role. 

Despite the agreement in the ACF River Basin, there’s still pending litigation from a group of Florida environmental organizations that have appealed a 2021 federal court ruling affirming the U.S. Army Corps’ plans for this basin — the same ruling the state of Alabama just settled its dispute over with the Feb. 19 dismissal. 

In the Alabama-Coosa-Tallapoosa River Basin, a federal court is considering a challenge by the state of Alabama to the Corps of Engineer’s water management for that river basin.