County seeks summary judgment on reservoir suit

Lawyers for Jackson County filed a motion Tuesday calling for a summary judgment in the county’s ongoing lawsuit against the Upper Oconee Basin Water Authority.

“There are no genuine issues of material fact,” the motion states.

The suit was filed by Jackson County after the three other members of the authority refused to have the water yield of the Bear Creek Reservoir recalculated following the 2007 drought. The original 1996 contract between Jackson, Clarke, Barrow and Oconee counties calls for the lake’s yield to be recalculated when there are questions about the lake’s water in a drought.

But Clarke, followed by Barrow and Oconee, have refused to do that. The original estimate of the lake’s yield was said to be around 53 million gallons per day. But following the major 2007 drought, Jackson County had that recalculated and claims the actual yield is less than half that amount. It subsequently claimed that because of the lower yield, Clarke County is able to draw more than its fair share of water, in effect taking water that really is allocated to the other three counties.

Attorney Michael Bowers represents Jackson County in the suit. No court hearing on the motion has yet been set.