The Corps’ conundrum: reconciling conflicting statutory requirements in the ACF River Basin
Sherk, George William
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There are five Corps of Engineers’ dams located in the ACF River Basin between Buford Dam (Lake Lanier) and Jim Woodruff Lock and Dam (Lake Seminole). Each of these dams was constructed pursuant to specific statutory mandates. Several of these mandates are in conflict. An existing rule of statutory construction is that conflicts between statutory requirements are resolved in favor of the most recently enacted legislation. This study applies this rule of statutory construction to the Corps of Engineers’ conflicting mandates and concludes that the Corps does not have the authority to operate Buford Dam (Lake Lanier) in a manner that adversely impacts the purposes enumerated in the legislation authorizing the construction of West Point Dam (West Point Lake).