Barrow County’s top elected official served notice last week that Barrow not only opposes Jackson County’s lawsuit over Bear Creek, but will seek damages should Jackson County prevail.
Barrow County's board of commissioners chairman has threatened to seek damages from Jackson County over its suit challenging the capacity of the Bear Creek Reservoir.
Barrow fires back over Jackson Bear Creek suit
Doug Garrison, chairman of the Barrow County Board of Commissioners, sent a three-page letter to Jackson County Chairman Pat Bell voicing strong opposition to Jackson County’s suit over Jackson County’s share of the water from the regional reservoir.
Jackson County owns 25 percent of the reservoir and is entitled to 25 percent of its water. However, the county has sued the Upper Oconee Basin Water Authority comprising Jackson, Barrow, Oconee and Clarke counties over what that 25 percent means.
The official “yield” of the reservoir has been placed at 58 million gallons per day (mgd). Jackson County believes that calculation is flawed and has data from a consultant claiming that the yield is 24 mgd.
If Jackson’s figures are correct, all parties’ stakes in the 505-acre lake are cut by more than 50 percent and that, at current usage, other member counties are infringing upon Jackson County’s entitlement.
Garrison calculated that if Jackson County’s figures are used, Barrow County will lose over $211 million ($400 million when adjusted for inflation) in income over a time he did not specify.
“Barrow County intends to pursue collection of all such lost revenue from Jackson County,” he fumed, adding that the figures are “not speculative lost profits as they are based upon current committed contracts and will be calculated based upon prevailing inflationary adjusters and will be easily recoverable pursuant to a counterclaim that Barrow County will bring against Jackson County.”
Jackson County is represented by former Georgia Attorney General Mike Bowers in the case.
Jackson County owns 25 percent of the reservoir and is entitled to 25 percent of its water. However, the county has sued the Upper Oconee Basin Water Authority comprising Jackson, Barrow, Oconee and Clarke counties over what that 25 percent means.
The official “yield” of the reservoir has been placed at 58 million gallons per day (mgd). Jackson County believes that calculation is flawed and has data from a consultant claiming that the yield is 24 mgd.
If Jackson’s figures are correct, all parties’ stakes in the 505-acre lake are cut by more than 50 percent and that, at current usage, other member counties are infringing upon Jackson County’s entitlement.
Garrison calculated that if Jackson County’s figures are used, Barrow County will lose over $211 million ($400 million when adjusted for inflation) in income over a time he did not specify.
“Barrow County intends to pursue collection of all such lost revenue from Jackson County,” he fumed, adding that the figures are “not speculative lost profits as they are based upon current committed contracts and will be calculated based upon prevailing inflationary adjusters and will be easily recoverable pursuant to a counterclaim that Barrow County will bring against Jackson County.”
Jackson County is represented by former Georgia Attorney General Mike Bowers in the case.
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