Water Wars

A settlement in an ongoing 25-year water war between Florida and Georgia has not yet been attained, but a move towards compromise was just announced. Special master, Ralph Lancaster, who was previously appointed by the U.S. Supreme Court to help resolve the dispute, said he was delighted to see both the word ‘settlement’ and the word ‘mediator’ in recent status reports, indicating a move to the formal ADR process of mediation. Lancaster already urged attorneys for each state to settle the water wars case amongst themselves, rather than risk an unsatisfactory outcome for all involved. Georgia's Governor set aside $20 million for the latest legal battle pitting Florida’s ailing oyster industry against Georgia’s right to use Chattahoochee River water across metro Atlanta. Florida states that Georgia’s overconsumption of water in the Apalachicola-Chattahoochee-Flint River Basin, which includes Lake Lanier, is creating economic hardship, particularly on the oyster industry in the Florida Panhandle region's Apalachicola Bay. Georgia also seeks to maintain full use of the Flint River and its tributaries for farmers in southwest Georgia. The rivers join at the Florida border, becoming the Apalachicola River. Crucial to Florida's seafood folks is a fresh water-salt water balance for oysters to survive in the Apalachicola Bay. While there's been no material progress on a global settlement since last summer, Georgia now reportedly believes the best way to advance the process is "to engage a mediator acceptable to both sides who can create a framework for formal in-person discussions and periodic exchanges of information specifically directed to settlement.” Florida apparently welcomed the suggestion, along with the special master. See news stories here-- http://on-ajc.com/1NcbBY7 and http://bit.ly/213eZsn

Seminole Mediation

The Seminole Tribe of Florida formally requested mediation in its ongoing dispute with the state over whether it can still offer card games, including Blackjack, in the future. Five years ago, the parties entered into a 20-year compact under the Indian Gaming Regulatory Act. The agreement gave the tribe exclusive rights to operate banked card games at most its facilities for five years. Lawmakers failed to pass a renewal of the compact or a new deal during this spring’s legislative session. Now, without the agreement renewed, the Seminoles find themselves within a 90-day period at which time they must discontinue such games. For five years of exclusivity, the Seminoles pledged to pay Florida a minimum of $1 billion during that period, an amount the tribe has actually exceeded. The tribe and its lawyers contend violation of exclusivity by allowing other gambling operators to operate banked card games. Last week, a mediation request stated that “The Tribe seeks to confirm: (1) its present right to continue offering banked card games for the remaining term of the Compact, which expires in 2030; (2) its right to stop making exclusivity payments to the State under the Compact and to instead make those payments into an escrow account; and (3) its right to expand the locations at which it is permitted to offer banked card games.” Last month, the tribe's chief sent the governor “notice of commencement of compact dispute resolution procedures” which outlined what the tribe considers violations of the agreement that expired without agreement. That letter included a claim the tribe has made for years regarding slot machines that look like Blackjack and Roulette and are authorized by state gambling regulators at non-tribal pari-mutuels. Reportedly, the tribe seeks to add other games, such as Craps and Roulette, as out-of-state casinos look for a foothold in Florida. The tribe is asking that a mediation conference take place within the next month. See stories here-- http://bit.ly/1IAVhrm and http://cbsloc.al/1KwJKNC