Judge clears way for Duck River dam in Cullman, Alabama

A federal judge in Birmingham on Tuesday dismissed a lawsuit against the city of Cullman and the U.S. Army Corps of Engineers over a permit to dam the Duck River.

U.S. District Judge Karon Bowdre granted motions for summary judgment made by the defendants. In her order, Bowdre wrote that the Corps "took the requisite `hard look' at the relevant issues," and that the decision was not arbitrary or capricious, as plaintiffs charged.

According to Dale Greer, assistant director of the Cullman Economic Development Agency, Cullman officials immediately will go back to the city's partners - six independent water systems in the county - and resurrect financing arrangements on the Duck River project, estimated to cost about $60 million.

Alabama Rivers Alliance Executive Director Cindy Lowry said the organization has not decided whether to appeal, but was disappointed at the prospect of a dam on one of the few free-flowing rivers left in the state.

"This is a really sad day for rivers in Alabama," Lowry said. "At a time when water conservation and efficiency and other smarter alternatives are being sought nationwide, we are still focused on the traditional, more expensive, less environmentally friendly ways of doing things."

The proposed dam would be 135 feet high and 1,925 long. It would create a 650-acre lake that could provided 32 million gallons of water a day.

Though initial population growth and water consumption projections haven't materialized - in fact, demand has fallen- planners say the reservoir is still needed. Greer said the Duck Dam would satisfy Cullman County's water demand for 75 years.

E-mail: tspencer@bhamnews.com