By Barnett Wright
The Birmingham Times
The Birmingham Water Works, the Office of the state Attorney General, Cahaba Riverkeeper and Cahaba River Society, on Thursday jointly reached an agreement to protect 7,000 acres of forested land that could impact drinking water. The settlement protects the land around Lake Purdy, the Little Cahaba River, and the Cahaba River from development.
The groundbreaking settlement is aimed at fortifying the protection of the crucial water source that serves the Birmingham metropolitan area.
Jefferson County Circuit Judge Javan Patton signed off on the settlement agreement Thursday.
What sets this agreement apart is the longevity of its impact, say the parties. The watershed protective covenants, designed to ensure the preservation of the land’s integrity, will “run with the land” for a substantial span of as long as 75 years.
Even if the Board sells the land, it is still protected, under the settlement. The Southern Environmental Law Center, which represented The Cahaba Riverkeeper and Cahaba River Society, also has a legal right to enforce all protections on the land and perform regular inspections. Any changes to the settlement must be requested in court and approved by a judge.
“We now have a strong tool that engages the community with the Water Board in long-term protection of the land and drinking water source,” said Cahaba River Society Executive Director Beth Stewart. “We appreciate that the Birmingham Water Works Board and the Attorney General worked with us to find a solution that benefits all.”
“We are relieved that after more than 20 years, the Birmingham Water Works Board has finally honored the commitment they made to legally protect this land,” said David Butler, Cahaba Riverkeeper and Staff Attorney. “We have fought hard to defend the right of ratepayers to clean, affordable drinking water, and will continue to do so moving forward.”
“This is a legacy agreement that all parties should be proud of,” said Sarah Stokes, Senior Attorney for SELC. “This land will be legally protected for generations to come.”
Birmingham Water Works (BWW) General Manager Michael Johnson said the “agreement underscores this utility’s commitment to provide safe and affordable drinking water to our service area. Our responsibility extends beyond the present moment, and this collaboration ensures that our precious water resources remain protected for generations to come.”
BWW Chairwoman Tereshia Huffman said, “I am excited to reach this agreement with our community partners. This proactive step protects drinking water for our community for generations to come. It’s a testament to what can be achieved when we work together to prioritize the long-term well-being of our environment and residents.”
The deal is set out in a consent judgement which requires restrictive covenants that will be filed in Jefferson County and Shelby County Probate Courts in 60 days.
BWW officials said the utility remains steadfast in its dedication to preserving the purity and abundance of the region’s drinking water. “This monumental settlement stands as a testament to the power of unity and collective determination in the face of pressing environmental concerns,” they said.
You can find more details on the settlement agreement here.
You can find a map of the protected land here.
