FACING SOUTH - Online Magazine of the Institute for Southern Studies

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This land is WHOSE land?

In our ongoing Southern drought coverage, you may recall us mentioning what at the time seemed like nothing more than a historical curiosity regarding the Tennessee border. It seems the team sent out in 1818 to survey the border missed the 35th parallel by about a mile because of substandard equipment and charts, putting a southern portion the Tennessee River that would have been in Georgia entirely in Tennessee.

Now, a genuine border dispute has erupted. Yesterday, the Georgia state legislature passed a resolution establishing a boundary commission to resurvey the border and move it one mile north so Georgia, which is running out of water in the Atlanta area, could tap the Tennessee River.

The bill was introduced in the Senate to the refrain of Senators singing "This land is my land, this land is your land," where it passed unanimously. The sponsor of the House bill said Georgia is prepared to go to court if Tennessee doesn't comply.

If the measure fails in court, Georgia could resort to drilling into the Tennessee River aquifer near the Georgia-Tennessee border. According to the Atlanta Business Chronicle, customers for Tennessee River water are already being lined up in the metro Atlanta area.

State officials in Tennessee are not amused.

From the Chattanooga Times Free Press
"I think they're embarrassing themselves, and I think it’s a waste of taxpayers’ money to have them going into session and doing such silly things on taxpayers’ time," said Rep. Gerald McCormick, R-Chattanooga, chairman of the Hamilton County legislative delegation.

He called "idiotic" and "crazy," the proposal that seeks to take a mile-wide strip of southern Tennessee, including a chunks of Chattanooga and East Ridge.

"I don't think we'll do anything but ignore them and laugh at them," Rep. McCormick said about a Tennessee response.
He is also quoted by WSMV Nashville:
Tennessee Rep. Gerald McCormick, a Chattanooga Republican, called the resolution "silliest thing I've ever seen any group of Republicans do."

"I'm embarrassed that they would embarrass the party like that," he said. "They're idiots."
The Associated Press quotes a spokesperson for Tennessee Gov. Phil Bredesen:
But trying to change the state lines now is "an absurd approach," said Will Pinkston, a senior adviser to Tennessee Gov. Phil Bredesen.

"It's unfortunate that Georgia didn't plan accordingly for growth over the past couple of decades, and now is trying to rewrite 200 years of history to address their mistakes," Pinkston said.

"Under no circumstances will Gov. Bredesen turn over Tennessee's water to Georgia," he said.
Tennessee State Senator Andy Berke is quoted as saying "Georgia needs to be looking at responsible solutions for how to deal with water and land-use planning, rather than irresponsible land grabs." The article notes that parts of Memphis, Tennessee's largest city, would also suddenly be in Mississippi, giving thousands of residents new addresses.

In a spirit of cooperation, however, Tennessee officials offered a couple of weeks ago to settle the matter by way of alternative dispute resolution, suggesting "a winner-take-all wrestling match or football game."

UPDATE: WPLN: Tennessee Legislature To Defend Border With Its Own Resolution
"The principle of adverse possession applies to these boundary disputes between states, not just private parties. In even starker laymans’ terms, if you fenced it, and thought it was yours, it doesn’t matter what the deed says, or what the act says, It’s yours."

Fincher said the issue of water rights – as opposed to the boundary lines – is different in the east than it is in the water-parched west.

"Since we’re east of the Mississippi, basic water rights are the classic English water rights, the riparian water rights, and what that means is, if you live next to the stream you can use it."
This might actually get interesting.

UPDATE: The New York Times takes notice:
WHEREAS, Georgia lawmakers on Wednesday passed a resolution to restore the boundary line to its appropriate latitude, notwithstanding skepticism all around and outright insults from their neighbors to the north.

And WHEREAS the concept of a war between states is not foreign to these parts,

BE IT OBSERVED that the Georgia legislature appears to be serious.
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