ATLANTA — Jason Cox, a farmer cultivating peanuts and cotton in southwest Georgia, emphasizes that without water for irrigation, farming would be financially unfeasible for him. “I’d be out of business,” declared Cox, who manages around 3,000 acres of farmland close to Pelham.

For over a decade, farmers in certain regions of southwest Georgia have been prohibited from drilling new irrigation wells into the Floridian aquifer, the shallowest groundwater source. This restriction was put in place by the state of Georgia in 2012, halting any new well drilling or additional water withdrawal from streams and lakes.

However, beginning in April, farmers like Cox will finally gain the opportunity to establish new wells. Governor Brian Kemp recently announced that the Georgia Environmental Protection Division will start accepting applications for new agricultural wells in the areas along the lower Flint River starting April 1.

Jeff Cown, the director of the division, remarked that circumstances have shifted since the 2012 moratorium, which was enacted due to severe drought conditions and the decline of the once-thriving oyster fishery in Florida’s Apalachicola Bay. In 2013, Florida filed a lawsuit, alleging that Georgia’s excessive water usage from the Flint River negatively affected the downstream flow into Apalachicola River. However, in 2021, the U.S. Supreme Court unanimously dismissed Florida’s claims, indicating that the state did not provide enough evidence linking Georgia’s farmers to the water issues.

This lawsuit was part of a long history of extensive litigation primarily fueled by concerns that Atlanta’s rapidly growing population would deplete upstream water resources, leaving insufficient water available for downstream users. These legal battles involved various river systems, including the Apalachicola-Chattahoochee-Flint and the Alabama-Coosa-Tallapoosa systems, with Georgia asserting water rights for metro Atlanta to meet its demands.

According to Georgia officials, the new water withdrawal regulations have been designed with sustainability in mind. No additional withdrawals from lakes or streams will be permitted, and new wells will be mandated to stop drawing from the Floridian aquifer in times of severe drought to maintain water levels in the Flint River, which is home to endangered freshwater mussels. Furthermore, newly permitted wells must be affiliated with irrigation systems that minimize water waste and feature electronic monitoring capabilities, as outlined in a presentation from the environmental agency last November.

Cown noted in a recent statement that the initiatives aim to “support existing water users, including farmers, and pave the way for new users.” The agency looks forward to collaborating with all water users in acquiring these newly established permits.

Georgia has already initiated some steps in this direction by allowing farmers to draw water for vulnerable crops, like blueberries, during freezing conditions.

Gordon Rogers, head of the Flint Riverkeeper environmental organization, expressed that Georgia’s announcement is “good news.” He argued that the previous ban on new withdrawals was a “failure,” reflecting mismanagement of water resources. Yet, he acknowledged that conservation investments are yielding positive results, with numerous farmers adopting more efficient irrigation methods and some agreeing to cease using existing shallow wells during droughts in exchange for subsidies to access deeper aquifers less likely to affect river flows.

“Our goal is to enhance efficiency, equity, and fairness,” said Rogers, highlighting ongoing efforts to achieve these objectives.

A legal representative for Florida’s environmental groups, which argue that the Apalachicola River and Bay are suffering harm, declined to comment via email. Meanwhile, representatives from Florida’s Department of Environmental Protection and Attorney General Ashley Moody did not immediately respond to inquiries.

Cox, who lives approximately 165 miles south of Atlanta, expressed interest in drilling a new well on land he owns, which currently depends on water from a neighboring farmer’s well. Although aware that drought restrictions might occasionally hinder his ability to irrigate, he noted that data suggests these restrictions would not frequently impact his irrigation schedule, particularly during critical watering periods.

Three years ago, Cox drilled a well tapping into a deeper aquifer and believes that even spending $30,000 or more on a shallower well would significantly enhance his land’s productivity and value. “It would boost my property if I had my own well,” he remarked.