Full opinion text
MEMORANDUM AND ORDER PAUL A. MAGNUSON, District Judge. In the Rivers and Harbors Acts of 1945 and 1946 (“1945 RHA” and “1946 RHA”), Pub.L. No. 79-14, 59 Stat. 10, 10-11 (1945 RHA); Pub.L. No. 79-595, 60 Stat. 634, 640 (1946 RHA), Congress authorized the United States Army Corps of Engineers (the “Corps”) to begin construction of a dam and reservoir on the Chattahoochee River north of Atlanta, Georgia. Construction on the project finished in approximately 1960. The dam was christened the Buford Dam; the reservoir was named Lake Sidney Lanier. At issue in this Multi-District Litigation (“MDL”) is the Corps’s operation of Buford Dam and Lake Lanier. The parties to the various member cases are the states of Alabama, Florida, and Georgia; the Southeastern Federal Power Customers (“SeFPC”); the cities of Apalachicola, Florida, and Atlanta, Columbus, and Gainesville, Georgia; the Georgia counties of Gwinnett, DeKalb, and Fulton; the Atlanta Regional Commission (“ARC”); the Cobb County-Marietta Water Authority; the Lake Lanier Association; the Alabama Power Company (“APC”); the Columbus Water Works (“CWW”); the Middle Chattahoochee River Users; and the Corps and several Corps officers. After the cases were consolidated by the Judicial Panel on Multidistrict Litigation, the parties agreed that the Court should consider the claims in two phases. Because some of the claims were similar or identical to claims pending before the United States Court of Appeals for the District of Columbia Circuit, the Court scheduled the proceedings on those claims second, awaiting that court’s resolution of the claims. Thus, the first scheduling orders in the MDL case contemplated that the Court would first entertain environmental claims, such as claims that the Corps’s operations in the Apalachicola-Chattahoochee-Flint (“ACF”) river basin violate the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seq., and other environmental laws and regulations. Left for phase two were the overarching claims of the Corps’s authority (or lack thereof) for its operations in the basin in general, such as claims that the Corps is violating the Water Supply Act and the Flood Control Act. The D.C. Circuit ruled on claims similar to the so-called “overarching” claims in 2008. Thereafter, the “overarching” claims became ripe for this Court’s resolution, and the Court therefore ordered that the phases be “flipped” so that the parties would present the statutory authorization and related issues first. (Aug. 11, 2008, Order.) The issues for resolution in the new Phase One include: (1) whether the Corps’s operations in the ACF basin, including the execution of water-supply contracts and installation of water intake structures in Lake Lanier, the alleged preference of water supply over other purposes, and the denial of Georgia’s water-supply request violate the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq., the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq.; the Flood Control Act (“FCA”), 33 U.S.C. § 708 et seq.; the Water Supply Act (“WSA”), 43 U.S.C. § 390 et seq.; the Coastal Zone Management Act (“CZMA”), 16 U.S.C. § 1451 et seq.; and other congressional enactments; and (2) whether the water control plans and manuals, reservoir regulation manuals, action zones, recreation impact levels, and the Upper Chattahoochee Management Plan/River Management System violate federal law. The fundamental question in the case is whether, by taking or failing to take the actions complained of in the various lawsuits, the Corps violated § 301 of the WSA, which provides: Modifications of a reservoir project heretofore authorized, surveyed, planned, or constructed to include storage [for water supply] which would seriously affect the purposes for which the project was authorized, surveyed, planned, or constructed, or which would involve major structural or operational changes shall be made only upon the approval of Congress.... 43 U.S.C. § 390b(d). In general, Florida, Alabama, APC, and the SeFPC contend that the Corps was obligated to seek Congressional approval for actions the Corps has taken with respect to water supply in Lake Lanier, because those actions allegedly affect the purposes for which the Buford Dam project was authorized or constitute major structural or operational changes. The Georgia parties and the Corps argue that Congressional approval is not required because the project’s purposes include water supply and because, in any event, the Corps’s operations have not amounted to a major structural or operational change in the project. To resolve these differences, the Court must examine the history of the Buford Dam and Lake Lanier. BACKGROUND A. Legislative History 1. Authorization Although the 1945 and 1946 RHAs officially authorized the construction of Buford Dam, the Corps had been examining the feasibility of such a project for many years prior to 1945. Indeed, as early as 1925, Congress asked the Corps to work with the Federal Power Commission (the predecessor to the Federal Energy Regulatory Commission) to examine the development of hydroelectric facilities on waterways nationwide, including in the ACF basin. River & Harbor Act of 1925, Pub.L. No. 68-585, ch. 467, 43 Stat. 1186, 1186, 1194 (March 3, 1925). In 1938, in response to a House resolution regarding the ACF basin, a Corps district engineer, Colonel R. Park, prepared a report to Congress outlining in great detail the geography and history of the basin and making recommendations for potential improvements in the basin. See H.R. Doc. No. 76-342, at 9-87 (1939) [hereinafter “Park Report”] (ACF000126-65). It was in the Park Report that the project as eventually completed began to take shape. The Park Report discussed a multitude of options for the development of rivers in the ACF basin and detailed eleven sites that could support a dam project to benefit hydroelectric power plants and navigation on the rivers. One of the eleven sites was the “Roswell” site “located on the Chattahoochee River 16 miles north of Atlanta, Ga., and about 2.5 miles upstream from the highway bridge at Roswell.” Park Report ¶ 196, at 66 (ACF000155). The Roswell site is approximately where Buford Dam was eventually located. The Park Report detailed both the costs and benefits of each of the eleven sites. Colonel Park considered the following “direct benefits” for all of the proposed sites: (a) Savings to the public in transportation charges. (b) Value of hydroelectric power developed. (c) Value as a facility for national defense. (d) Increased commercial value of riparian lands. (e) Recreational value. (d) Value as a source of industrial and municipal water supply. Id. ¶ 243, at 77 (ACF000160). The Park Report assigned an approximate dollar value to each “direct benefit.” For example, in Colonel Park’s estimation, the value of hydroelectric power if all eleven projects had been built would have been worth $6.5 million annually. Id.. ¶ 247, at 78 (ACF000161). Similarly, Colonel Park assigned a value of $25,000 to national defense, and $50,000 as a two-reservoir system’s recreational value. Id. ¶¶ 250-51, 259, at 79, 80 (ACF000161-62). For the proposed projects’ value as a water-supply source, however, Colonel Park assigned no monetary value, noting that “[t]here is apparently no immediate necessity for increased water supply in this area though the prospect of a future demand is not improbable.” Id. ¶ 260, at 80 (ACF000162). Water supply was the only potential benefit assigned no monetary value in the Park Report. Id. ¶ 261, at 81 (ACF000162). After the Park Report was submitted to Congress, the Corps continued to evaluate the ACF basin for potential improvements. A so-called “interim” plan was submitted to the Chief of Engineers in December 1942, but was never submitted to Congress. See Sherk, Buford Dam, at 45 & n. 190 (noting that the interim report itself is not available, likely because it was withdrawn before being submitted to Congress). The interim report recommended two potential dam sites, including the Lanier site, “ ‘principally in the interest of hydropower.’ ” Id. at 45 (quoting Memorandum from P.A. Feringa, Colonel, Corps of Eng’rs, to Chief of Eng’rs (Oct. 28, 1943)). The Chief of Engineers sent the report back to the district engineer, asking him to revise the report to include an analysis of the benefits to navigation and flood control. Id. The 1945 RHA stated specifically that the ACF project was authorized “in accordance with the plans” in the Park Report. 1945 RHA, ch. 19, 59 Stat. at 12, 17. Because the Park Report had not established where in the ACF basin the dam or dams would be built, the Corps continued to study the matter. The first result of this study was the report of Brigadier General James B. Newman, Jr., submitted to Congress in 1947. H.R. Doc. No. 80-300, at 10-40 (1947) [hereinafter “Newman Report”] (ACF000644-74). General Newman noted that “[t]he principal value of the Chattahoochee River is as a source of power.” Id. ¶ 7, at 13 (ACF000647). He described the Park Report as evaluating the rivers in the ACF basin “in the combined interest of navigation and power.” Id. ¶ 47, at 22 (ACF000656). The majority of the Newman Report consists of detailed evaluations of the hydropower and navigation benefits of the alternatives discussed in the Park Report. General Newman concluded that the locks and dams proposed by the Park Report for the southern portion of the Chattahoochee, below Columbus, Georgia, would not be economically efficient unless a “considerable flow regulation were provided by a large storage-power reservoir upstream.” Id. ¶ 67, at 27 (ACF000661). That reservoir would become Lake Lanier. General Newman also noted other “incidental” benefits of a reservoir at the Lanier site. He discussed Atlanta’s urging that a reservoir north of Atlanta be constructed before other elements of the ACF basin project, “in order to meet a threatened shortage of water, during low-flow periods, for municipal and industrial purposes.” Id. ¶ 68, at 27 (ACF000661). Specifically, “[i]f the regulating storage reservoir ... could be located above Atlanta, it would greatly increase the minimum flow in the river at Atlanta, thereby producing considerable incidental benefits by reinforcing and safeguarding the water supply of the metropolitan area.” Id. General Newman therefore concluded that the Lanier site should be developed as outlined in the Park Report and in his own report. He determined that the construction of a dam at the Lanier site, along with the proposed developments at Junction and Upper Columbia, would “create an effective and economical system for the production of power, in addition to providing ... for navigation.... The system would also contribute to the reduction of floods and flood damages in the Chattahoochee River valley, and would ensure an adequate water supply for the rapidly growing Atlanta metropolitan area.” Id. ¶ 73, at 28-29 (ACF000662-63). The Newman Report recognized that releases from the proposed dam for downstream water supply might have to be increased as the Atlanta area developed, although the Newman Report emphasized that such an increase “would not materially reduce the power returns from the plant.” Id. ¶ 80, at 34 (ACF000688). As with the Park Report, the Newman Report estimated the dollar value of the various annual benefits from the construction of a dam and reservoir at the Lanier site. The Newman Report, however, listed only three valuable benefits: power, navigation, and flood control. Id. ¶ 98, at 38 (ACF000672). The Newman Report also allocated the estimated costs of building the Buford project, a total of more than $17 million. Of this, $16 million was allocated to power, none to navigation, and the remainder to flood control. Id. ¶ 97, at 38 tbl. 9 (ACF000672). The Southeastern Power Administration (“SEPA”), from which the SeFPC purchases the power generated by the Buford Dam, ultimately paid approximately $30 million toward the total construction cost of $47 million for the dam. SeFPC Am. Compl. ¶ 32; see also U.S. Army Corps of Eng’rs, Survey Report on Apalachicola, Chattahoochee and Flint Rivers, Alabama, Florida and Georgia ¶49, at 15 (1973) (total cost of Buford Dam was $47,059,711) (ACF003968). The 1946 RHA adopted the Newman Report’s recommendation that the project be limited to three dams, including the Buford dam. U.S. Army Corps of Eng’rs, Definite Project Report on Buford Dam: Chattahoochee River, Georgia ¶ 7, at 4 (1949) [hereinafter “Definite Project Report ”] (ACF001449). 2. Planning The initial authorization in the 1945 and 1946 RHAs did not end Congress’s involvement in the Buford Dam project. The project required money, and that money had to be appropriated by Congress each year. Thus, once the project entered initial planning stages and during the construction of the project, Congress held yearly hearings on the progress of the project and on the Corps’s use of funds. For fiscal year 1948, Congress considered the Corps’s request for funding for the planning of the project. Georgia Representative James C. Davis asked the Appropriations Committee to recognize the “critical necessity” of the project, which he described as a “multi-purpose dam ... for the purpose of generating power, flood control, and water supply for the city of Atlanta, as well as a regulated flow of water of the Chattahoochee River....” War Dep’t Civil Functions Appropriation Bill 1948: Hearing on H.R. 4002 Before the Subcomm. of the S. Comm, on Appropriations, 80th Cong. 697 (1947) (statement of Rep. James C. Davis, Georgia). In addition, Atlanta’s Mayor William B. Hartsfield testified that the undependable nature of the flow in the Chattahoochee had likely already caused severe economic losses in the Atlanta area. Id. at 700 (statement of William B. Hartsfield, May- or, Atlanta, Georgia). He asked that the Buford project be given priority over other dams proposed for the Chattahoochee. Id. The following year, the House Subcommittee on Appropriations submitted a report about the funding the Corps had requested for that fiscal year, including funding for the Buford Dam project. See H.R.Rep. No. 80-1420, at 5-8 (1948). The report recommended reducing the Corps’s request for plans for the Buford project by $67,000. According to the report: While the Buford Dam may be an important part of the comprehensive river system plan for the Apalachicola, Chattahoochee, and Flint Rivers its construction will provide a source of water for the city of Atlanta that witnesses from that part of the country indicate is greatly needed. The city of Atlanta is not, however, providing any contribution toward the construction of this dam and inasmuch as it stands to benefit to a great extent it appears that some substantial contribution should be made toward the ultimate cost of the dam, and in future planning it is suggested that this feature be given careful consideration and an opportunity be afforded the city of Atlanta to make a contribution comparable to the benefits to be received. Id. at 8. In January 1948, the House Subcommittee on Appropriations heard testimony from several members of Georgia’s Congressional delegation about the various projects in the ACF basin. Representative Stephen Pace led the delegation and described the ACF projects as having three purposes: navigation, power, and flood control. Civil Functions, Dep’t of the Army Appropriation Bill for 191,9: Hearing on H.R. 5524 Before the Sub-comm. of the H. Comm, on Appropriations, 80th Cong. 723 (1948) (statement of Rep. Stephen Pace, Georgia). Representative Pace also testified that the project had “two additional purposes”: to “serve as a reservoir for the entire system in the event of dry spells and floods,” which would “assure[ ] the navigability of the entire project”; and “to meet the very critical shortage of water in the city of Atlanta.” Id. He also emphasized the area’s “crying need for an abundance of hydroelectric power.” Id. at 724. Many of the witnesses testified about the navigation and transportation benefits of the projects proposed for the ACF basin. Among them was J.W. Woodruff, for whom the ACF’s southernmost dam, the Jim Woodruff Dam, is named. He envisioned the navigation made possible by the projects in the ACF basin as an economic engine that would drive industrial and commercial development in the region, allowing goods to be shipped from the area around the world. Id. at 750-51 (statement of J.W. Woodruff, Atlanta, Georgia). Other participants addressed their testimony specifically to the proposed Buford project. Representative John S. Wood of Georgia spoke about the need for flood control in an area that could receive more than eight inches of rain in a 24-hour period. Id. at 777 (statement of Rep. John S. Wood, Georgia). Both Mayor Harts-field and Representative Davis again testified about the multi-purpose nature of the project, pointing out its benefits for power, navigation, flow regulation, and pollution control, and as a source of water supply for Atlanta. Id. at 778 (statement of Rep. James C. Davis, Georgia), 782 (statement of William B. Hartsfield, Mayor, Atlanta, Georgia). In his statement to the Senate Subcommittee on Appropriations, however, Mayor Hartsfield de-emphasized Atlanta’s need for water supply from the Chattahoochee. He characterized Atlanta’s need for the water as “necessary” but stressed that Atlanta should not “be put in the category with such cities as are in arid places in the West or flat plain cities where there is one sole source of water .... “ Civil Functions, Dep’t of the Army Appropriation Bill 1919: Hearing Before the Subcomm. of the S. Comm, on Appropriations, 80th Cong. 644 (statement of William B. Harts-field, Mayor, Atlanta, Georgia). Mayor Hartsfield stated: We need flood control; we need the increased power; we need badly some sort of water recreation in that section. We need, of course, the promotion of navigation.... We need the promotion of regular flow not only for Atlanta’s water supply, but to enable others, as I said, to use the river, industries to use it, which they are not now able to do. Id. at 646. As part of the record at the hearing, the Corps filed a report describing the Buford project: The Buford Reservoir will provide flood protection to the valley below it; provide a large block of power to an area where there is a power shortage; provide an increased flow which is essential to provision of a 9-foot depth for navigation in the Apalachicola River; assure an adequate water supply for municipal and industrial purposes in the Atlanta metropolitan area; and provide recreational facilities for the area surrounding the reservoir. Id. at 648 (report of P.A. Feringa, Colonel, Corps of Eng’rs). At the end of February 1948, apparently in response to the questions raised about Atlanta’s willingness to pay for part of the Buford project, Representative Davis wrote to Mayor Hartsfield. In this letter, Representative Davis stated that the Subcommittee’s desire to have Atlanta fund some of the construction cost of the dam was not unprecedented, noting that the city of Dallas had recently contributed more than $2 million to a reservoir project in Texas. Letter from Rep. James C. Davis, Ga., to William B. Hartsfield, May or, Atlanta, Ga. (Feb. 27, 1948) (SUPPAR000420). Mayor Hartsfield responded negatively to the suggestion that Atlanta should bear some of the costs of the Buford Dam: Frankly, in our zeal I think we have just laid too much emphasis on the Chattahoochee as a water supply---- In our case the benefit so far as water supply is only incidental and in case of a prolonged drought. The City of Atlanta has many sources of potential water supply in north Georgia. Certainly a city which is only one hundred miles below one of the greatest rainfall areas in the nation will never find itself in the position of a city like Los Angeles.... [I]n view of other possible sources of Atlanta’s future water we should not be asked to contribute to a dam which the Army Engineers have said is vitally necessary for navigation and flood control on the balance of the river. Letter from William B. Hartsfield, Mayor, Atlanta, Ga., to Rep. James C. Davis, Ga. (Mar. 1, 1948) (SUPPAR001063). Atlanta did not contribute to the construction costs of the Buford Dam. In preparation for the start of construction, the Corps prepared the Definite Project Report. (ACF001436). This report described the project’s “principle purposes” as: “to provide flood control; to generate hydroelectric power; to increase the flow for open-river navigation in the Apalachicola River below Jim Woodruff dam; and to assure a sufficient and increased water supply for Atlanta.” Id. ¶ 115, at 41 (ACF001486). The Definite Project Report addressed only one specific water-supply issue: the city of Gaines-ville’s water-pumping station, located on the Chattahoochee. Id. ¶ 95, at 29 (ACF001474). The report noted that the entire station would require relocation, as it would be inundated on completion of the dam. Id. ¶ 96, at 29 (ACF001474). On June 22, 1953, the Corps and Gainesville executed a contract whereby the Corps paid Gainesville $300,000 for the land to be taken by the reservoir and Gainesville was given the right to withdraw eight million gallons per day from the reservoir. Contract between U.S. Army Corps of Eng’rs & City of Gainesville, Ga. (June 22, 1953) (ACF014457-63). In its discussion of reservoir regulation, the Definite Project Report noted that the power plant would operate as a “peaking plant to provide maximum possible power during the hours of greatest demand.” Definite Project Report ¶ 120, at 42 (ACF001487). At off-peak times the plant would operate only a smaller generator, “to provide flow to meet municipal and industrial requirements at Atlanta.” Id. When water levels in the reservoir fell below a certain level, however, “only prime power [would] be generated.” Id. The Definite Project Report estimated the total cost of the Buford project at $35.6 million. See id. ¶ 104, at 32-37 tbl. 1 (ACF001477-82). The “primary benefits” of the project were “flood control and production of hydroelectric power.” Id. ¶ 123, at 44 (ACF001489). The report calculated the flood-control benefit as worth $163,000 annually. Id. Power benefits were valued at $1.7 million on site, with the potential for up to $3.2 million in power benefits if all downstream plants were modified as proposed. Id. ¶ 123, at 45 tbl. 3 (ACF001490). The report calculated the potential annual benefit to transportation at almost $1.4 million. Id. ¶ 124, at 45 (ACF001490). The benefit to recreation was calculated at $196,000 annually. Id. ¶ 125, at 46 (ACF001491). The Definite Project Report noted that a “real benefit will also result from assurance of sufficient water for municipal and industrial requirements at Atlanta” but it did not make any estimate of the value of that benefit. Id. ¶ 124, at 46 (ACF001490). The question of Atlanta’s contribution to the costs of the Buford project surfaced again in the hearings on the 1952 Army Appropriation Bill, H.R. 4386. Corps officer Colonel Potter testified that “[t]he purpose of the project is flood control, water supply for the city of Atlanta, which is growing by leaps and bounds, and the production of power.” Civil Functions, Dep’t of the Army Appropriations for 1952: Hearings Before the Subcomm. of the H. Comm. on Appropriations, 82d Cong. 118 (1951) (statement of Col. Potter, Corps officer) (SUPPAR026654). A member of the Subcommittee asked Colonel Potter if Atlanta was “cooperating in this project in any way.” Id. at 120 (question of Rep. Davis) (SUPPAR026656). Colonel Potter responded: No, sir; because this is not a problem of furnishing water directly or furnishing storage for that purpose; it is the regulation of the river that gives [Atlanta] a constant supply over the up-and-down supply now existing during the year.... With this dam letting out a constant supply of water every day their water-supply problem is reduced immensely.... Id. (statement of Col. Potter, Corps officer). Other committee members questioned Colonel Potter further on Atlanta’s need for, and contribution to, the project: Mr. Ford: Where you have a project such as this particular project and water supply is part of the justification for a community, does not the community make any contribution to the project? Col. Potter: Yes, sir, normally, but not in this case.... This dam furnishes Atlanta with water due to the fact that it regulates the discharge of floods. When a flood comes, it comes down in a certain set period — say a week. We store that week’s terrific runoff of water and then let it out gradually.... Hence we discharge that flood, we will say, for 3 months. Then, in the production of electricity, we can discharge somewhere in the neighborhood of 4,000 to 5,000 second-feet constantly. That [water] will always be flowing by Atlanta; so that now they won’t have the river partially dry or full of mud in the summer, but they will have a more or less constant flow of the river past their door and will always be able to pull water out of it. It did not cost the Federal Government 1 cent to supply that service, because it was an adjunct to the power supply and flood control. Had we put in some storage purely for water supply, which they would tell us to release at certain intervals, we would then charge them for it, and they would have to pay for the difference of that construction cost. Id. at 121-122 (exchange between Rep. Gerald Ford, Michigan, and Col. Potter, Corps officer) (SUPPAR026657-58). In a prescient question, Representative Ford then asked, “Is it not conceivable in the future, though, when this particular project is completed, that the city of Atlanta will make demands on the Corps because of the needs of the community, when at the same time it will be for the best interests of the over-all picture ... to retain water in the reservoir?” Id. at 122 (SUPPAR026658). Colonel Potter’s response is illuminating: “The first thing we do is to decide, after a study, whether or not the water supply is more valuable to use for the production of electricity. If it is, then we would have to come back, I believe, to Congress to alter the authorization of that project, were it a major diversion of the water.” Id. He noted that the Corps “take[s] a very dim view of changing a project to the subsequent needs without Congress having a hand in it.” Id. 3. Construction In 1952, at the beginning of construction of the dam, Georgia’s Representative Davis and the Corps’s General Chorpening appeared at a hearing of the House Subcommittee on Appropriations to ask Congress for $8.5 million for the Buford project. Representative Davis described the project as providing flood control, power, and navigation benefits. Civil Functions, Dep’t of the Army Appropriations for 1958: Hearings on H.R. 7268 Before the Subcomm. of the H. Comm, on Appropriations, 82d Cong. 1196-97 (1952) (statement of Rep. Davis, Georgia) (SUPPAR02667980). Neither Representative Davis nor General Chorpening mentioned any water-supply benefits from the project. The next year, two Corps officers testified before the Senate Subcommittee on Appropriations in support of the Corps’s request for another $8.5 million in funding for the Buford project. Colonel Paules described the project as “a combination flood control — power project which will assist navigation downstream by the regulation of the river flows.” Civil Functions, Dep’t of the Army Appropriations, 1951: Hearings on H.R. 5876 Before the Sub-comm. of the S. Comm, on Appropriations, 83d Cong. 480 (1953) (statement of Col. Paules, Corps officer) (SUPPAR026685). Colonel Paules and General Chorpening also testified before the House Subcommittee on Appropriations regarding the requested funding for the Buford project. Colonel Paules discussed the anticipated completion dates for the project, including when the power plant was expected to be operational. He noted, “[t]he project has a total capacity of some 2 million acre-feet for flood control and power, and incidentally would supply additional water downstream for the benefit of the municipalities along the river....” Civil Functions, Dep’t of the Army Appropriations for 1951: Hearings on H.R. 5876 Before the Subcomm. of the H. Comm, on Appropriations, 83d Cong. 503 (1953) (statement of Col. Paules, Corps officer) (SUPPAR026688). Representative Davis asked whether Atlanta was contributing to the cost of the project. The Corps officers responded, “While the city of Atlanta is not contributing to this, they get benefits from it, incidentally, as the result of the controlled release of floodwaters, and as the water is released through the power-plant.” Id. General Chorpening explained: [Tjhere would be no legal way to collect payment from the city of Atlanta, since, as was just stated, there is no additional cost being included for the construction of this project to provide the more uniform flow of water which will pass the city of Atlanta. In other words, the building of the project, with its power production and flood control and navigation benefits will not make available any more water than is now going past Atlanta. It is only going to make it flow by at a more uniform rate. Id. (statement of Gen. Chorpening, Corps officer). The Corps requested an additional $5.8 million for the Buford project in fiscal year 1955. Civil Functions, Dep’t of the Army Appropriations, 1955: Hearings on H.R. 8367 Before the Subcomm. of the S. Comm, on Appropriations, 83d Cong. 324 (1954) (statement of Col. Whipple, Corps officer) (SUPPAR026698). Colonel Whipple told the Subcommittee that “[t]he project provides a considerable amount of flood control, but its main purpose is the output of power to the area.” Id. He also testified that the project’s “additional benefits” would include “increasing] the flow of water downstream which improves the water supply at Atlanta, and the project is unusually well situated for recreational use.” Id. at 325 (SUPPAR026699). Again, the committee members asked about whether Atlanta would contribute toward the cost of the project. Colonel Whipple responded, “We understand not, sir.... There are no additional costs for [Atlanta’s water supply]. It is purely an incidental benefit on account of the power releases which does not require any storage to be devoted to that purpose.” Id. In the next several years, Georgia’s Representative Davis appeared in similar hearings before the House and Senate Subcommittees on Appropriations. He testified consistently that the purposes of the Buford project were flood control, navigation, and hydroelectric power, mentioning water supply only occasionally. See, e.g., Public Works Appropriations for 1956: Hearings on H.R. 6766 Before the Subcomm. of the S. Comm, on Appropriations, 84th Cong. 307-09 (1955) (statement of Rep. James Davis, Georgia) (SUPPAR026713-15) (stating, that the Buford project is a “multi-purpose” project that will provide flood protection, “will augment the low water flow of the river” to support navigation and to assist in the generation of power downstream, will generate “810 million kilowatt-hours of electrical energy annually and the additional water supply for the growing metropolis of Atlanta”); Public Works Appropriations for 1957: Hearings Before the Subcomm. of the H. Comm, on Appropriations, 84th Cong. 355-57 (1956) (statement of Rep. James Davis, Georgia) (SUPPAR026720-22) (discussing flood control, navigation, and power benefits but not mentioning water supply benefits). During construction of the dam, Gwinnett County asked the Corps for permission to withdraw water from the reservoir for water supply. F.G. Turner, Ass’t Chief, Eng’g Div., Report on Withdrawal of Domestic Water Supply from Buford Reservoir ¶1, at 1 (1955) (SUPPAR005459). The Corps responded: that the primary authorized purposes of the Buford project were flood control, power and low-flow regulation for navigation and other purposes, and that diversion of flows from the reservoir would, in some degree, adversely affect one or more of these purposes. [The Gwinnett County representatives] were informed that additional legislation would be necessary.... Id. ¶ 2, at 1 (SUPPAR005459). The Corps noted that the project “will provide storage for flood control, hydro-electric power and increased flow for water supply at Atlanta, Georgia, and for navigation in the Apalachicola River.” Id. ¶ 5, at 2 (SUPPAR005460). The report examined the “Provision for water supply in the Atlanta Area,” discussing Atlanta’s concern that the Corps maintain minimum flows in the river to meet Atlanta’s water requirements. Id. ¶¶ 7-8, at 3 (SUPPAR005461). It also noted that Gwinnett County requested initial withdrawals of four million gallons per day from the reservoir and ultimate withdrawals of ten million gallons per day. Id. ¶ 9, at 3 (SUPPAR005461). The report predicted that “[t]he granting of permission to Gwinnett County to withdraw water for domestic water supply as requested will no doubt establish a precedence [sic] for possible like requests from other communities within the area....” Id. The report commented that Gainesville, Georgia, had been granted permission to withdraw a maximum of eight million gallons per day from the reservoir. Id. f 9, at 4 (SUPPAR005462). As noted above, Gainesville had a water intake structure on the Chattahoochee River that was inundated by Lake Lanier, and thus had a preexisting right to withdraw water. In 1956, Congress granted the Corps permission to contract with Gwinnett County for the use of up to 11,200 acre-feet of storage in Lake Lanier annually, for a period not to exceed fifty years. Act of 1956, Pub.L. No. 84-841, 70 Stat. 725 (1956) (amending 1946 RHA). There is no evidence in the record that the Corps and Gwinnett County ever entered into the contract contemplated by this statute. Although the Corps and Gwinnett County did execute a water-supply contract in the 1970s, neither the original contract nor any supplement or extension thereto invoked the authority of the 1956 statute but rather relied on the more general authority of the WSA. See, e.g., Supplemental Agreement No. 1 to Contract No. DACW01-973-624 Between the U.S. & Gwinnett County, Ga. for Withdrawal of Water from Lake Sidney Lanier, at 1 (Apr. 29, 1974) (ACF004022) (providing that, on expiration of the contract, Gwinnett County “shall have the right to acquire from the Government, under the provisions of the Water Supply Act of 1958, Public Law No. 85-500, the right to utilize storage space in the project ...”). Moreover, the Corps’s first agreements with Gwinnett County were, by their terms, “interim” contracts pending the completion of a study of the Atlanta area’s water-supply needs. Contract Between the U.S. & Gwinnett County, Ga. for Withdrawal of Water from Lake Sidney Lanier, at 2 (July 2, 1973) (ACF004025); see also infra section C.l. As the Georgia parties admit, all of the Corps’s contracts with Gwinnett County have expired. (Ga.’s Mot. for Summ. J. Factual App. ¶¶ 7.23, 7.33.) In 1958, as the Buford Dam neared completion, the Corps promulgated the Apalachicola River Basin Reservoir Regulation Manual. U.S. Army Corps of Eng’rs, Apalachicola River Basin Reservoir Regulation Manual (1958) [hereinafter “1958 Manual”]. (ACF001640.) The 1958 Manual is a detailed description of the geography and hydrography of the ACF basin, including all federal projects undertaken in the basin. It describes Buford Dam as “a multiple-purpose project with major uses of flood control, flow regulation for navigation, and power.” 1958 Manual ¶ 85, at 27 (ACF001677). The 1958 Manual does not specifically describe the operation of the Buford project; rather, the regulation manual for the Buford project, which was completed in October 1959, is appended to the 1958 Manual as Appendix B. Id. app. B (ACF001776); see also id. app. B ¶ 43, at B-21 (ACF001804) (listing October 1959 completion date). The Corps has never updated the 1958 Manual or the Buford Reservoir Regulation Manual (“Buford Manual”), and thus these manuals are the current regulation manuals for the ACF basin and Buford dam. The Buford Manual lists the elevation for the top of the flood-control pool as 1085 feet above sea level. Id. app. B, at B-l (ACF001784). The elevation of the top of the power pool is 1070 feet, and the bottom of the power pool is 1035. Id. The reservoir’s flood-control storage (elevation 1085 to 1070) is 637,000 acre-feet. Id. Power storage is listed as 1,049,400 acre-feet. Id. The manual also noted that the reservoir reached full power pool on May 25, 1959, and that the President had signed a bill naming the reservoir Lake Sidney Lanier on March 29, 1956. Id. app. B ¶¶ 8-9, at B-5 (ACF001788). The Buford Manual describes the project: Buford is a multiple-purpose project with principal purposes of flood-control, navigation and power. It reduces flood stages in the Chattahoochee River as far downstream as West Point, Georgia, 150 miles below the dam; provides an increased flow for navigation in the Apalachicola River below Jim Woodruff Dam during low-flow seasons; and produces hydroelectric energy, operating as a peaking power plant. The increased flow in dry seasons also provides for an increased water supply for municipal and industrial uses in the metropolitan area of Atlanta, and permits increased production of hydroelectric energy at downstream plants. Id. app. B ¶ 12, at B-6 (ACF001789). The Buford Manual also details the regulation of the project: Normally, the Buford project will be operated as a peaking plant for the production of hydroelectric power with minimum releases during the daily and weekend off-peak period which will be sufficient, with local inflows added, to supply the Atlanta area with not less than 600 cfs. During low-water periods such regulation will provide increased flow downstream for navigation, water supply, pollution abatement, and other purposes.... [T]he primary purpose of the project is flood control, and a storage of 637,000 acre-feet between elevations 1,070 and 1,085 has been reserved exclusively for the detention storage of flood waters. Id. app. B ¶29, at B-13 (ACF001796). The Corps contracted with the SEPA to provide 142,000 kilowatts of “dependable” power capacity from the project. Id. app. B ¶ 31, at B-13 (ACF001796). The Corps gave SEPA minimum declarations of energy the dam would produce each month. Id. app. B ¶ 31, sec. 2. 1, at B-15 (ACF001798). The Corps also noted its commitment to keep the flow at Atlanta at a minimum of 600 cfs. Id. app. B ¶ 33, at B-18 to 19 (ACF001801-02). Enacted in 1958, the Water Supply Act (“WSA”), Pub.L. 85-500, tit. Ill, 72 Stat. 319, changed the way the Corps funded dam-building projects. Specifically, the WSA required the Corps to allocate the costs of each project to the benefits of the project so that, for example, if a project benefitted primarily hydroelectric power, the power interests would pay a proportionate share of the cost of that project. See WSA § 301(b), 72 Stat. at 319. The Buford project was well into construction by the time the WSA’s cost allocation requirements took effect, but the Corps endeavored to comply with those requirements by issuing cost allocation studies for the projects in the ACF basin in 1959. Mobile Dist., U.S. Army Corps of Eng’rs, Cost Allocation Studies, Apalachicola, Chattahoochee and Flint Rivers Projects, Basis of All Allocations of Costs for Buford and Jim Woodruff Projects Adopted by the Chief of Engineers 21 (1959) (ACF002103) (noting that according to an agreement between the Department of Interior, Department of the Army, and the Federal Power Commission, “costs of a multiple-purpose project shall be allocated among the purposes served in such a manner that each purpose will share equitably in the savings resulting from combining the purposes in a multiple-purpose development”). This study report introduced the projects in the ACF basin: “The primary benefits provided by the ACF project are flood control, navigation and hydroelectric power. The incidental benefits are low-water regulation for water supply and pollution abatement at Atlanta, Georgia and public use with facilities for recreation. ...” Id. at 2 (ACF002086); see also id. at 5 (ACF002089) (stating that the project “will be operated for the primary purposes of flood control, power, and navigation”). Although the report analyzes in detail the cost of the three benefits of flood control, power, and navigation, it does not attribute any costs to the “incidental” benefits of water supply, pollution abatement, or recreation. Id. at 20 (ACF002102). The report gives the total “first” cost of the Buford project as $43,601,500. Id. at 23 (ACF002105). The portion of this total allocated to navigation was $1,518,200; to flood control, $3,402,600; and to power, $38,680,100. Id. No portion of the project’s costs was allocated to water supply. Appendix A of the report is the cost allocation study specifically for the Buford project. It states that “[t]he primary purposes of the Buford project are flood control and the generation of hydroelectric power. Incidental uses attributable to the operation of the project for power include flow regulation for navigation in the Apalachicola River and water supply and pollution abatement in the Atlanta area.” Id. app. A, at A-l (ACF002108). The report notes that full-scale power operation began at Buford in July 1958. Id. app. A, at A-2 (ACF002109). Table Four of the Appendix shows the “average annual benefits” of the Buford project. The annual benefit to navigation is listed as $75,900, to flood control is $193,000, and total power benefits (including benefits at site and downstream) are $2,476,200. Id. app. A tbl. 4 (ACF002127). There are no benefits calculated for any other purpose. 4. Water Supply The various Corps reports and Congressional testimony discussed above show the original role of the Buford project in supplying water to Atlanta. At the time Buford Dam was authorized, planned, and constructed, the Corps did not anticipate any water-supply withdrawals from the reservoir itself, with the exception of the water withdrawn by the cities of Gaines-ville and Buford. Nor did the Corps or any other entity set aside any portion of Lake Lanier’s storage for water supply. Rather, the water-supply benefit discussed throughout the legislative history was the regulation of the river’s flow. A more regular flow was seen as providing Atlanta both with a reliable flow in the Chattahoochee from which to withdraw water, and more certainty diluting the wastewater Atlanta discharged into the river. Throughout the 1940s and 1950s, when water supply is mentioned in connection with the Buford project, that water supply is in the form of Atlanta’s withdrawals from the river itself, far below the proposed dam. In the decades after the Buford Dam was built, however, the Corps’s and the Georgia parties’ definition of water supply in the Buford project changed considerably. The origin of this change is difficult to pinpoint. However, at some point after the dam was completed, both the Corps and the municipal entities in the Atlanta area began to envision the water supply benefit as a storage-and-withdrawal benefit. In other words, water supply came to mean not flow regulation in the river but water withdrawals from the lake. B. Operation of Buford Project 1. 1970s Once construction on the Buford project was complete, the record reflects very lit-tie activity until the early 1970s. In 1974, in accordance with NEPA, the Corps prepared a final environmental impact statement (“EIS”) “for continued operation and maintenance of the existing Buford Dam and Lake Sidney Lanier.” Mobile Dist., U.S. Army Corps of Eng’rs, Final Environmental Impact Statement, Buford Dam and Lake Sidney Lanier, Georgia (Flood Control, Navigation and Power), Statement of Findings (1974) [hereinafter “Final EIS ”] (ACF004338). The preliminary statement in the EIS reported that the “Authorized project purposes provide peaking hydroelectric power, flood control, and low flow augmentation.” Id. The preliminary statement added that “Additional benefits derived from operation of the project are recreation and water supply.” Id. The summary states: The project provides an average annual benefit of $638,400 in flood control. The hydroelectric facilities have a capacity of 86,000 kw and are operated to meet peak demands for electricity in the service area. Low-flow augmentation provides water for navigation, industrial and municipal uses downstream. The reservoir provides a source of water supply for public water users. Over 15 million visitors utilized the recreational facilities of the lake in 1972. The benefit-to-cost ratio is 3.6 to 1. Id. at i (ACF004339). The EIS’s description of the project notes that the “principal purposes” of the project are flood control, navigation, and power. Id. at 1 (ACF004342). The description explains the project’s effect on the principal purposes, adding that the “increased flow in dry seasons also provides for an increased water supply for municipal and industrial uses in the metropolitan area of Atlanta, and permits increased production of hydroelectric energy at down-stream plants.” Id. The EIS recognizes that “recreation was not a primary purpose for which the project was authorized,” but that recreation had become a significant part of the use of the reservoir, with Lake Lanier the most used Corps lake in the United States. Id. at 12 (ACF004353). The total storage of the reservoir is 2,554,000 acre-feet, with 637,000 acre-feet of flood-control storage and 1,049,400 acre-feet of power storage. Id. at 4 (ACF004344). The EIS does not list any storage for water supply, but does note that Gwinnett County, Gainesville, and Buford “obtain water directly from the reservoir.” Id. at 14 (ACF04355). In addition, “[t]he Atlanta metropolitan area increased its water use from the river 37% (from 117 mgd to 160 mgd) between 1960 and 1968.” Id. The EIS also discusses the changes in population in the area around the lake, stating that “[t]he number of residences within 2% miles of the lake ... doubled from the time of completion of the project in 1956 through 1969.” Id. at 15 (ACF004356). Such increases in population are not without consequences, of course: “Wastes [sic] treatment plants in the Atlanta metropolitan area have failed to keep pace with the expanding population, and the increased low flows with a 650 cfs minimum flow at Atlanta have provided some relief in improving stream water quality below Atlanta.” Id. at 17 (ACF004358). The EIS also notes that “increased low flows have created a more dependable water supply for the Atlanta metropolitan area, thus helping to insure an adequate source of water for the expanding population. Storage in Lake Lanier has increased the dependability of a source of water for Gainesville, Gwinnett County, and Buford, Georgia.” Id. Both the EIS and the comments thereto reference a study of Atlanta’s water quality and water supply underway at the time the EIS was prepared. See, e.g., id. at 26-27 (comments of the Environmental Protection Agency) (ACF004867-68). This study, referred to in the EIS as the “Atlanta Urban Study” or the “Atlanta Water Resources Study,” was a joint project of the Corps, the state of Georgia, and the ARC. Id. at 30 (ACF004371). Because the study was not completed in time for the EIS, the EIS stated that a new EIS should be written when the study was finished. Id. This study was not completed until the early 1980s, and is discussed below as the Metro Atlanta Area Water Resources Management Study (“MAAWRMS”). No new EIS has been completed since 1974. Also in 1974, the Corps prepared a “Report on Consolidation of Existing Program Documents.” Boyce J. Christiansen, Consultant, U.S. Army Corps of Eng’rs, Report on Consolidation of Existing Program Documents, Lake Sidney Lanier (Buford Dam) Georgia (1974) (ACF004096). This report specifically addresses water supply in three different sections. In the first section on “Facilities,” the report states: Two cities, Gainesville and Buford, obtain water directly from the reservoir. These cities relocated their water works facilities with new or an addition to these facilities. No storage space is allocated to either Gainesville or Buford in these water supply contracts. The Gainesville and Buford contracts provides [sic] for the maximum withdrawal of 8,000,000 and 2,000,000 gallons of water respectively from the reservoir in any 24 hour period. Gwinnett County on [sic] June 1971 initiated a request which would permit withdrawal direct from the reservoir of 40,000,000 gallons per day by 1990. In a contract dated July 2,1973 no storage space is allocated to the county for water supply, but the user will have the privilege of withdrawing water not to exceed that rate until such time as the Government studies of the areas [sic] water supply needs is [sic] completed. Withdrawal is not expected to be initiated for two or three years. Lake Lanier with its large water storage maintains a minimum flow of 650 cfs on the Chattahoochee River at Atlanta. The City of Atlanta and De Kalb County water systems draw their entire water supply from the Chattahoochee. Id. at 32 (ACF004149). In the section on “Trends,” the report noted that neither Gainesville nor Buford pays anything for the water each withdraws from the reservoir, but that “in the event the city desires to exceed th[e] [contractual] limitation an agreement will be necessary to provide payment for additional quantities withdrawn.” Id. at 54 tbl. 15 (ACF004180). The section also discussed Gwinnett County’s request for water supply withdrawals, stating that the requested withdrawal “would require a study of municipal and industrial water needs and a possible redistribution of project costs to include water supply as a project cost therefore a temporary contract on an interim basis was entered into.” Id. at 54-55 tbl. 16 (ACF00418081). Finally, the report noted in the “Benefits” section that no revenues had yet been collected from Gwinnett County for the water-supply withdrawals. Id. at 63 (ACF004197). In 1979, scientists at Georgia State University issued a report to the Corps on the environmental impacts of four of the alternatives being considered by the MAAWRMS mentioned above. Ga. State Univ. Team Project No. 834, Preliminary Environmental Impact Assessment of Water Supply Alternatives for the Atlanta Metropolitan Area (1979) (ACF006918). The alternatives under consideration were raising the water elevation of Lake Lanier, phasing out power generation at Buford Dam, constructing a second dam below Lake Lanier to further regulate the flows in the Chattahoochee River for the benefit of Atlanta’s water supply and waste treatment, and dredging the Morgan Falls reservoir. Id. at 33 (ACF006955). The report described Buford dam as a “multipurpose project, built 1) to control floods, 2) to improve water quality by means of flow augmentation, 3) to insure sufficient riverflow in the Chattahoochee River before Columbus, Georgia, and 4) to produce hydroelectric power.” Id. at 21 (ACF006943). The report did not mention Lake Lanier as an independent source of water supply, nor did it discuss the environmental impact of large-scale water-supply withdrawals from Lake Lanier. See, e.g., id. at 37 (“In addition, no attention has been given to the effects of additional water intakes, increases in allowable supplies taken through existing intakes, etc. Such factors will affect the flow in the river and should be analyzed.”) (ACF006959). 2. Drought Operations Although flood control was a primary concern of both the Corps and Congress before and during construction of the Buford project, a drought in 1980 and 1981 caused the Corps to re-evaluate its operation of the project. The Corps formulated a “Drought Contingency Plan” to examine the operation of the ACF projects during the drought and “to explore alternative operational procedures during future periods of extreme drought.” U.S. Army Corps of Eng’rs, Drought Contingency Plan, Apalachicola, Chattahoochee, and Flint Rivers, Florida and Georgia ¶ 2, at 1 (1982) (ACF008205). The Drought Contingency Plan was required because, during the 1981 drought, “not all project functions were met.... Functions that were not fully provided were navigation and contractual hydropower requirements.” Id. ¶ 18, at 6 (ACF008210). The Plan did not comment on the fact that navigation and hydropower were two of the Congressionally mandated project purposes. The Drought Contingency Plan described an agreement between Georgia Power and the Corps to provide minimum releases from Buford Dam of 1750 cfs at the request of Georgia Power each year between June 15 and September 15, to aid both water supply and water quality. Id. ¶ 14(b), at 5 (ACF008209). The previous release requirements for the dam were 600 cfs, 1958 Manual app. B ¶ 33, at B-18 to - 19 (ACF001801-02), although in the mid-1970s the Corps had agreed to increase the minimum releases to 650 cfs. Final EIS at 17 (ACF004358). In addition, the Drought Contingency Plan described water supply as a “principal function” of the ACF basin projects, stating that water supply “must always have a high priority in drought operations.” Id. ¶ 26, at 12 (ACF008216). Municipal and industrial water supplies which are derived from the Chattahoochee River can probably be adequately supplied during a drought.....Even if Lake Lanier were drawn to elevation 1035 for other purposes there is still sufficient stored water which could be released through the low level sluice to meet the water supply requirements. No difficulty is contemplated in meeting water supply volume requirements in a drought that is no worse than those which have occurred in the past. There may be, however, difficulty with particular pumping installations. For example, within Lake Lanier there are several withdrawal facilities which could not get water if the pool were drawn to unusually low levels. River pumping stations could face the same problem. For this reason conservation of water should be promoted by local government. Id. At the time the plan was drafted, communities surrounding Lake Lanier withdrew approximately fifty-five million gallons per day from the lake. Memorandum from Acting Commander, S. Atl. Div. (Apr. 23,1982) (ACF008230). In what appears to be an earlier version of the plan, called the “Drought Contingency Report,” the Corps stated that the “project purposes specified in the authorizing document included flood control, hydropower, and streamflow regulation for navigation.” U.S. Army Corps of Eng’rs, Drought Contingency Report, Apalachicola, Chattahoochee, and Flint Rivers, Florida and Georgia ¶ 3, at 1 (ACF008241). Under the heading “Project Purposes” the Drought Contingency Report provided: “Project costs for the Buford project have been allocated between the three legislatively authorized purposes. Prior to May 1979, recreation, water supply and water quality have always been considered to be functions of the Buford project and were accommodated as much as possible.” Id. ¶4, at 1-2 (ACF008241^42). The Drought Contingency Report noted that in a recent public notice the Corps had recommended that “recreation, water supply, and water quality control be acknowledged as full project purposes of the Lake Lanier project....” Id. ¶ 5, at 2 (internal quotation and citation omitted) (ACF008242). The public notice also provided that “[a]ny significant change (in operation) would require reconsideration of cost-sharing requirements for the total project.” Id. (internal quotation and citation omitted). According to the draft Drought Contingency Report, “[i]n other words, any ‘significant’ change favoring recreation, water supply or water quality over the three legislatively authorized purposes would require Congressional approval.” Id. 3. MAAWRMS As discussed briefly above, in the early 1970s the United States Senate directed the Corps and other entities to engage in a study of Atlanta’s water resources. This study lasted from 1972 to 1981 and was published in September 1981 as the Metropolitan Atlanta Area Water Resources Management Study, or MAAWRMS. U.S. Army Corps of Eng’rs, Metropolitan Atlanta Area Water Resources Management Study: Final Report and Final Environmental Impact Statement (rev. ed. Sept. 1981) [hereinafter “MAAWRMS”] (SUPPAR001951). The final version of the MAAWRMS evaluated three “long-range water supply alternatives.” Id. at 1-16 (SUPPAR001978). The alternatives were: (1) construction of a reregulation dam below Buford Dam, (2) reallocation of storage at Lake Lanier, or (3) dredging the reservoir at Morgan Falls and reallocating Lake Lanier storage. Id. The MAAWRMS noted that the Chattahoochee and Lake Lanier supply more than 90 percent of the total water supply for the metropolitan Atlanta area. Id. at 11-16 (SUPPAR001996). Lake Lanier “provides storage for flood control, power, navigation, recreation, industrial and domestic water supplies, and low-flow augmentation.” Id. at 11-37 (SUPPAR002017). However, the project costs, totaling more than $55 million, were allocated to only four project purposes or uses: hydropower, navigation, flood control, and recreation. Id. at 11-39 tbl. II — 6 (SUPPAR002019). Of these four purposes/uses, hydropower had borne the lion’s share of the costs, paying more than $44 million. The MAAWRMS recognized that changes in the operation of the Buford project would require Congressional approval. For instance, the study noted that one of the proposed alternatives was construction of a new reregulation dam below Buford Dam. Id. at 11-48 (SUPPAR002028). If this construction was undertaken by local governments and not by the Corps, it would be the only alternative that would not require Congressional approval. See id. (“[I]t was considered that a reregulation dam constructed by local governments would be the most probable alternative to the other long-range alternatives which would require Congressional authorization for changes in operation of the Buford project.”). The MAAWRMS also contained a list of the existing water-supply contracts for withdrawals from Lake Lanier. Id. at II-51 tbl. II — 8 (SUPPA002031). Despite the fact that only Gainesville and Buford had received Congressional authority to withdraw water from Lake Lanier, both Gwinnett County and the city of Cumming had also contracted with the Corps for these withdrawals. Id. The total withdrawals from the lake for water supply were given as 52.5 million gallons per day, with Gwinnett County receiving the majority of these withdrawals at 40 million gallons per day. Id. Although in this litigation the Corps characterizes Gwinnett County’s and Cumming’s water-supply contracts as “interim,” the MAAWRMS states that “[ojnly the method and rate of payment are of an interim nature.” Id. at 11-51. In 1975, to meet an immediate increased need for water supply, the state of Georgia asked the MAAWRMS group to develop an interim water-supply plan that would allow the state to approve additional withdrawals from the river and provide a flow of 750 cfs at all times. Id. at 11-60. The Corps agreed to a plan that allowed additional water releases from Buford Dam. Id. That plan required the hydropower interests to schedule peak releases from the dam on weekends. Id. at 11-62 (SUPPAR002042). The power company agreed to this schedule only until 1983. Id. The interim MAAWRMS, released in 1978, also recommended the imposition of a short-term water-supply plan in the event the MAAWRMS was not completed by 1983. Id. a