PlaceNameUpperPlaceNameOconeePlaceTypeBasinWater Auth. v. placePlaceNameJacksonPlaceNameCounty

The Upper Oconee Basin Water Authority's agreement with several counties to construct reservoirs and provide treated water, specifically authorized enforcement through an action for specific performance or injunctive relief, thus, the agreement created an exception to sovereign immunity allowing the county to sue the Authority under the terms of the agreement.

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PlaceTypePlaceTypeAppelleePlaceTypeJacksonPlaceTypeCountyfiled a petition for declaratory judgment against appellant Upper Oconee Basin Water Authority the “Authority”. The Authority filed a motion to dismiss, arguing that the County’s action was barred by sovereign immunity and, alternatively, that the petition failed to state a claim under OCGA § 9-11-12 b 6. The County then amended its petition to include counts for breach of contract/specific performance and injunctive relief. The trial court denied the motion to dismiss, and the Authority appeals. Pursuant to the Upper Oconee Basin Water Authority Act, the Authority was created in 1994 for the purpose of “acquiring and developing adequate sources of water supply, including but not limited to the construction of reservoirs, the treatment of such water, and thereafter the transmission of such water within the Upper Oconee Basin area, and to various counties, municipalities, and public authorities located therein, and the collection and treatment of waste water from the counties, municipalities, and public authorities within the . . . area.” PlaceTypePlaceTypeGa.L. 1994, pp. 5123, 5125, § 4. Athens-Clarke, Barrow, PlaceTypeJacksonand PlaceTypeOconeecounties comprise the “Member Counties” under the Act. PlaceTypePlaceTypeGa.L. 1994, p. 5126, § 5 a 6.

In 1996, the Authority and the PlaceTypePlaceTypeMemberPlaceTypeCounties entered into a 50-year Intergovernmental Reservoir and Raw Water Supply Agreement “Agreement” to further the purposes of the Act to construct reservoirs and treat and transmit that water to the Member Counties. Pursuant to the Agreement, the Authority was to plan, build and manage the Bear Creek Reservoir, which would serve as a source of water to the Member Counties.

PlaceNameUpperPlaceNameOconeePlaceTypeBasinWater Auth. v. placePlaceNameJacksonPlaceNameCounty

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