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Lawmaker Criticizes Big Creek Lake Settlement, Claims MAWSS Gains Excessive Control

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Lawmaker Criticizes Big Creek Lake Settlement, Claims MAWSS Gains Excessive Control
Big Creek LakeMAWSSMobile County

A recent settlement granting the Mobile Area Water and Sewer System greater control over Big Creek Lake is facing backlash from a state representative who fears it sets a dangerous precedent for restricting public access to waterways across Alabama. The agreement allows MAWSS to regulate lake usage, including restrictions on boats and age requirements for watercraft operation, prompting concerns about overreach and a lack of accountability.

A recent legal settlement concerning Big Creek Lake in Alabama has sparked controversy, with a Mobile County lawmaker expressing concerns that it grants excessive authority to the Mobile Area Water and Sewer System ( MAWSS ).

The agreement, finalized between the Alabama Department of Conservation and Natural Resources and MAWSS, allows public access to the lake but crucially empowers MAWSS to regulate its usage. This has raised fears that similar water systems across the state could leverage this precedent to restrict access to other recreational lakes, potentially impacting public enjoyment and local economies.

Representative Shane Stringer, a prominent voice against the initial closure of the lake last year, is leading the charge to address what he views as a significant overreach of power by the appointed MAWSS board. The core of the dispute lies in the extent of control MAWSS now wields over Big Creek Lake. Following a period of closure ostensibly to protect the region’s drinking water supply, the lake has been reopened with restrictions.

These include limitations on outside boats and age requirements for operating watercraft – individuals must be 18 to bring their own kayak and 21 to rent kayaks or boats. Furthermore, the state has entered into a long-term lease agreement with MAWSS, granting them control of the lakebed and surface waters for a century. Stringer argues that this arrangement sets a dangerous precedent, allowing unelected boards to unilaterally close public resources without sufficient justification or oversight.

He emphasizes the need for legislative action to prevent similar situations from arising in the future, potentially impacting numerous lakes throughout Alabama. The lawmaker is particularly critical of the fact that the MAWSS board, currently appointed by the Mobile City Council, can impose such restrictions without requiring demonstrable evidence of a threat to water quality, such as a report from the Alabama Department of Environmental Management (ADEM).

Stringer is actively considering several legislative proposals for the 2027 session aimed at curbing MAWSS’s authority and safeguarding public access to waterways. These include restructuring the MAWSS board to potentially involve broader representation or a different appointment process, revisiting a previous bill that would require proof of a legitimate threat before a board can shut down a lake, and exploring the possibility of removing reservoirs built on navigable waterways from being classified as ‘critical infrastructure.

’ This last point is crucial, as the ‘critical infrastructure’ designation appears to have been a key factor in justifying MAWSS’s control. He is also investigating the feasibility of establishing a conservation easement around the lake to limit future development and protect its natural resources. Beyond legislative efforts, Stringer acknowledges the potential for continued legal challenges. A grassroots organization, ‘Take Back Big Creek Lake from MAWSS,’ is also considering legal action, indicating a widespread public concern over the settlement.

While MAWSS maintains that the legal dispute is resolved, the opposition remains resolute, suggesting that the battle for control of Big Creek Lake is far from over. The situation highlights a broader debate about the balance between protecting vital resources like drinking water and ensuring public access to recreational areas, and the appropriate level of authority for appointed boards in making decisions that impact the community

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Big Creek Lake MAWSS Mobile County Alabama Water Rights Public Access Legislature Shane Stringer Water Supply Reservoir

 

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