Alabama and the Birmingham Water Works are seeking to overturn part of a 20-year-old legal settlement protecting land surrounding one of Birmingham’s largest drinking water intakes.
Who owns the Cahaba? Alabama fights environmental groups over land near Birmingham drinking water intakeThe Cahaba River Society and Cahaba Riverkeeper filed a lawsuit on March 8, 2021 seeking to force the Birmingham Water Works to permanently protect sensitive areas around its intakes on the Cahaba.
The Water Works said in a news release that the watershed protection agreement would include “the same requirements as the conservation easement.” “To do so, the Board must maintain a conservation easement that acts in the best interest of the ratepayers, who have already paid for the permanent protection of this land.”Water Works had not formed a valid conservation easementA conservation easement is when property ownership is transferred, typically to an organization such as the Freshwater Land Trust or Nature Conservancy, to ensure the land is protected permanently.
“In light of these facts, the Attorney General intended that the watershed protections on the Property would remain under the administration, operation and control of the Board.”The original 2001 settlement came after a lengthy fight over the future of Birmingham’s water utility, with some wanting to privatize the Water Works, and others arguing to incorporate its operations under the city government.
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