Birmingham Water Works Board Agrees to Protect Cahaba River Watershed
The Birmingham Water Works Board has finally honored a two-decade-old commitment to legally safeguard the source of Birmingham’s drinking water. In collaboration with Cahaba Riverkeeper and Cahaba River Society, represented by the Southern Environmental Law Center, the Board and Alabama’s Attorney General have entered into a legally binding agreement to protect 7,000 acres surrounding Lake Purdy, the Little Cahaba River, and the Cahaba River. The Jefferson County Circuit Court approved this landmark agreement, which serves as a critical buffer in filtering stormwater runoff, thereby ensuring a clean and cost-effective water supply for hundreds of thousands of residents.
The legal framework for the protection is established through a consent judgment that mandates the filing of restrictive covenants in both Jefferson and Shelby County Probate Courts within 60 days. These covenants will persist for 75 years or as long as the Board utilizes the covered water sources, effectively ensuring the land's protection even if ownership changes. Additionally, both the Cahaba Riverkeeper and Cahaba River Society retain the legal right to enforce these protections and conduct regular inspections.
This monumental achievement comes in the wake of a 2022 Alabama Supreme Court ruling that unanimously found the Board to have failed in meeting the land protection requirements set forth in a 2001 settlement agreement. With the new settlement, all parties involved have expressed pride in what they view as a legacy agreement aimed at securing clean and affordable drinking water for generations to come.
