The U.S. 4th Circuit Court of Appeals dealt the city of Augusta a blow on April 19, reversing a November 2020 decision that enjoined the U.S. Army Corps of Engineers to maintain the historic New Savannah Bluff Lock and Dam which maintains the large pool on the Savannah River in downtown Augusta.
The decision to reverse the earlier ruling came down to a 2 – 1 vote.
According to District 8 Commissioner Brandon Garrett, the decision puts part of the city’s water supply in jeopardy.
“West Augusta and downtown gets its water from the canal, but there are intakes all downriver that serve South Augusta and also industries along the river have intakes as well,” Garrett said.
Garrett said that during the drawdowns conducted by the Corp of Engineers, not only did banks cave in, but water intakes were visible above the waterline.
Quality of life would also be affected for people on both sides of the river as Garrett says that events like Head of the South Regatta, Ironman, the Augusta Southern Nationals, Southeast Masters Rowing Regionals and others would be curtailed or not possible.
The Corps of Engineers have, for the better part of a decade, favored removing the dam, which was built in 1937 and placing a rock weir in its place. According to the Corps, the maintenance costs would be cheaper, and the weir would allow for endangered sturgeon access to spawning areas up river.
However, studies have shown that a rock weir would not maintain the downtown pool at its current level.
In 2016, Congress passed the Water Infrastructure Improvements for the Nation (WIIN) Act that allowed the Corps to make changes to the dam as long as the Corps ‘maintains the pool.”
Garrett concedes that some of the language in WIIN Act is vague, but says the act specifically states the pool is to be maintained at the 2016 level.
In its decision, the 4th District Court of Appeals remanded the case down to a lower court for it to determine the exact water level that should be maintained; however Augusta Mayor Garnett Johnson says the city will fight all the way to the Supreme Court, if necessary.
“Our position from day one is to protect our pool and that will be our position moving forward,” Johnson said.
According to Johnson, a meeting between officials from Augusta, North Augusta, Aiken County and other interested partners has been scheduled for next week.
“We hoped the decision would be in our favor, but it wasn’t, so the fight continues,” Johnson said.
Scott Hudson is the Senior Investigative Reporter and Editorial Page Editor for The Augusta Press. Reach him at scott@theaugustapress.com
