Birmingham Water Works settles suit to protect land near drinking water intake

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Birmingham Water Works settles suit to protect land near drinking water intake
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Cahaba Riverkeeper and the Cahaba River Society announced a 75-year agreement to preserve land around Lake Purdy, which provides drinking water for much of the Birmingham area.

The Birmingham Water Works Board and the Alabama Attorney General’s Office agreed to a settlement with the Cahaba River Society and Cahaba Riverkeeper that will require the Water Works to protect 7,000 acres of land surrounding Lake Purdy, the Cahaba and Little Cahaba River from development.

The Birmingham Water Works says it provides drinking water for nearly 770,000 people in five counties in the Birmingham metro area. The Water Works in 2017 created a conservation agreement that still would have allowed the board to sell off land within the area for development in the rapidly growing area along U.S. Highway 280. Stewart said a portion of the land was sold to a developer and that Water Works Board members had discussed selling additional portions of the land in committee meetings.

The revisions would have allowed the Water Works to put the land under a “watershed protection agreement” rather than a conservation easement. That would have allowed the Water Works to decide whether development would be harmful to the water system rather than blocking it altogether. Those covenants will prohibit development activities on the land for 75 years even if the land is sold to an outside party. Any changes to the agreements must be approved by the court, and after 75 years, the plaintiffs have the right to ask the court to extend the terms of the agreement.

Stewart said that her group is excited about the agreement and happy that all sides could reach a mutual agreement.

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