Mobile Area Water and Sewer System (MAWSS) is requesting a Montgomery County judge to confirm its exclusive authority over the J.B. Converse Reservoir (Big Creek Lake), disputing the public's automatic right to fish and recreate there. MAWSS argues its authority supersedes that of the Alabama Department of Conservation and Natural Resources, asserting the lake is not a public waterway.
The Mobile Area Water and Sewer System is asking a Montgomery County judge to declare that it has exclusive authority over the J.B. Converse Reservoir, locally known as Big Creek Lake , and to rule that the public does not have an automatic right to fish or recreate on the lake.
In a motion for summary judgment filed March 5, the Board of Water and Sewer Commissioners of the City of Mobile, which operates as MAWSS, argues there are no disputed facts and that it is entitled to a declaratory ruling as a matter of law.MAWSS is asking the court to declare that its authority over Big Creek Lake “supersedes and is exclusive” of any authority claimed by the state conservation department, that the Alabama Department of Conservation and Natural Resources has no authority to declare the reservoir a public waterway, that the reservoir is not a public waterway under Alabama law, and that MAWSS may restrict or regulate public access for fishing and recreation. The dispute centers on the 3,600-acre reservoir in west Mobile County, which MAWSS says is the sole source of potable drinking water for Mobile County and surrounding areas. The system provides water to about 350,000 residents and serves cities including Mobile, Prichard, Chickasaw, Semmes and Spanish Fort. MAWSS contends that under Alabama law governing municipal water boards, it has the power to exercise jurisdiction, control and supervision over its water system, including reservoirs. The conservation department has asserted that Big Creek Lake is a public waterway under Alabama law and that the public has the right to fish and recreate on its waters. MAWSS argues that the law creating and governing the water board controls over more general provisions related to public waters. According to the filing, MAWSS recently began prohibiting public access to Big Creek Lake to prevent the introduction and spread of invasive species, including giant salvinia and zebra mussels, which it says could threaten water quality and infrastructure. The agency says invasive species can be transported by boats and fishing equipment and that limiting access is a preventative measure. In its motion, MAWSS argues that because the facts are not in dispute, the court can resolve the legal question without a trial. As that legal dispute unfolds, a related trespassing case tied to Big Creek Lake has been postponed until May. In November, MAWSS filed a new charge against Raymond Anthony “Andy” Elsworth in connection with his alleged trespass onto Big Creek Lake. The filing, signed by MAWSS Director Billy McCrory, upgrades and corrects the original charge to unauthorized entry, a Class A misdemeanor punishable by up to one year in the county jail. By comparison, third-degree criminal trespass, the original charge filed, carries a maximum penalty of 30 days in jail. Meanwhile, Rep. Shane Stringer, R-Citronelle, has introduced House Bill 484, legislation that could directly affect how the reservoir is treated under Alabama’s criminal trespass law. Under current law, unauthorized entry onto a designated “critical infrastructure facility” — a category that includes portions of public water systems — can carry enhanced criminal penalties. That designation has been central to enforcement efforts since MAWSS closed Big Creek Lake to public recreation, citing concerns about protecting the region’s drinking water supply. House Bill 484 would amend the statute to exclude from that definition any reservoir that qualifies as “public waters” under Alabama law, meaning entry onto such a reservoir would no longer automatically trigger the heightened penalties tied to critical infrastructure trespass.Stringer described the proposal as a fix to what he called an “unintended loophole,” saying the current law could allow a fisherman to be arrested for simply fishing on a reservoir. Stringer said the measure is intended to protect infrastructure while also safeguarding recreational access for “law-abiding outdoorsmen and women.”BREWTON, Ala. -- A 46-year-old woman is charged with the murder of a 27-year-old woman in Brewton, Alabama.Deputies arrested Renotta Seltzer on Friday. She wasA Florida man is facing multiple charges after investigators say he posted nude images of victims on TikTok and publicly shared one victim’s address. The MobileBBQ sauce sold across the country was recalled because of an issue that could lead to "life-threatening" consequences.The Mobile Area Water and Sewer System is asking a Montgomery County judge to declare that it has exclusive authority over the J.B. Converse Reservoir, locallyThe Justice Department has released additional files related to disgraced financier Jeffrey Epstein that include uncorroborated accusations made against Trump
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