Florida v. Georgia

Three interstate rivers in Georgia and Florida formed the Apalachicola-Chattahoochee-Flint River Basin (the basin). The rivers formed a Y-shaped river system, with the Chattahoochee River in the western branch and the Flint River in the eastern branch. Waters from the Flint and Chattahoochee Rivers mixed at Florida’s Lake Seminole at the stem of the Y-shape, flowed downstream to the Woodruff Dam, and formed the Apalachicola River that runs through the Florida Panhandle before draining into the Gulf of Mexico. After many years of water-apportionment disputes, Florida (plaintiff) sued Georgia (defendant) in 2013. Florida alleged that Georgia’s overconsumption of Flint River water reduced water flow to the Apalachicola River, reducing Florida’s water supply and harming Florida’s oyster fisheries. Exercising original jurisdiction, the Supreme Court appointed a special master to take evidence and make recommendations. Following extensive discovery and evidentiary proceedings, the special master determined that, based on equitable principles, Georgia overconsumed water from the Flint River, and Georgia’s overconsumption decreased flow to the Apalachicola River, injuring Florida. However, the special master ultimately recommended that the Supreme Court dismiss Florida’s complaint because Florida’s alleged injury could not be redressed without a decree binding the United States Army Corps of Engineers (the corps). The corps could not be bound by a decree because the United States declined to waive sovereign immunity, and the corps was not a party to the case. Florida subsequently filed exceptions to the special master’s report in the Supreme Court.