Georgia Legislature passes bills to move the border! (Urgh.)

Apparently, the Georgia Legislature passed two bills to move the Georgia state line north 1 mile into the state of Tennessee.

House Resolution 1206 passed overwhelmingly (136-26, with 3 not voting and 9 excused). Senate Resolution 587 passed overwhelmingly (52-0, with 3 not voting and 1 excused). This is the first bit of both the House and Senate resolutions (my emphasis added):

WHEREAS, the northern border of the State of Georgia and the southern border of the states of North Carolina and Tennessee lies at the 35th parallel, north of the southernmost bank of the Tennessee River; and

WOW. I'm jaw-on-the-floor amazed for two reasons. The first reason is that this is (at least to me) a blatant water grab on the part of Georgia. Why? Well, because the root of this iteration of this border dispute, at least in much of what I've read, is about the water in the Tennessee River, and it seems to be supported in the first statement of both resolutions. The reason why Georgia wants to have all this water is because there is a drought, and the state hasn't taken any real measures to effect conservation measures.

The second reason I'm amazed is that the bill passed so overwhelmingly in both chambers. (There wasn't even dissent in the Senate!) I'm not an expert on Georgia Constitutional law, but it seems to me that it passed both chambers with a greater than 2/3 majority, meaning that (if Georgia is like other states) even if the Governor doesn't sign it, the resolutions are passed into law.

At the beginning of it all, Tennessee Gov. Phil Bredesen (D) asked if this resolution was a joke. Rgardless of whether Georgia's governor signs these resolutions, I wouldn't be suprised if Tennessee sues Georgia in Federal Court if any real action is taken on this. Right now, Tennesseean legislators are "trying not to take it too seriously":

“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

I was only able to find one reaction in N. Carolina about this in today's papers, and that from Representative Roger West from NC's 120th District. (North Carolina's border with Georgia will also be affected, as it is here that the 1.1 mile "notch" south begins.)

"As long as that line's been established, I can't see them overturning it now. I think they're serious about getting access to the water in the Tennessee River. They should be talking with Tennessee about buying water. I don't think I'd take on a battle to move the state line."

If Gov. Bredesen doesn't cooperate with Georgia's "request", the border dispute decision will go straight to the Supreme Court (since it is a border dispute between two states of the Union), and it will be an interesting case to follow. (Or maybe not so interesting, if the Supreme Court decides not to pick it up.)

Now, both resolutions have words to the effect that this border dispute was brought up several times (1887, 1947, 1974), and the US Court of Appeals for the D.C. Circuit suggested that there be some sort of resolution between the states:

WHEREAS, by suggestion of the United States Court of Appeals for the D.C. Circuit, the Chairman of the Tennessee Public Service Commission and the Chairman of the Georgia Public Service Commission agreed in 1974 to reserve resolution of the general boundary issue until a later date (15 FERC, p. 61240), the resolution of which has never been reached; andWHEREAS, notwithstanding these authorizations and directions, the boundary lines have never been accurately resurveyed and marked and remain in doubt; and

I'm not sure what the actual wording was of that Court of Appeals judicial suggestion, or how much legal weight it holds (in terms of the United States Constitution), but I really wonder if Georgia really will go through with this whole thing. True, this whole thing started off as sabre-rattling on Georgia's part. The overwhelming passage of these twin resolutions out of the Georgia Legislature may the be equivalent of unsheathing that metaphorical sabre, readying for battle. I hope cooler minds prevail. I hope Georgians realize what happens when one outgrows (flagrantly wastes) one's available water resources, and pass some bills that really get at water conservation. If they don't then I feel that this chapter in the border dispute will easily be won by Tennessee (and they might be able to push for closure, once and for all).