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).

Lawmaker Voices Concerns Over MAWSS Control

The agreement, finalized between the Alabama Department of Conservation and Natural Resources and MAWSS, allows public access to the lake but 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, who opposed the initial lake closure last year, is leading the opposition. He believes the settlement represents a significant overreach of power by the appointed MAWSS board.

Restrictions and Long-Term Lease

Following a period of closure intended to protect the region’s drinking water supply, the lake has 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.

The state has also entered into a long-term lease agreement with MAWSS, granting them control of the lakebed and surface waters for a century. Stringer argues this arrangement allows unelected boards to unilaterally close public resources without sufficient justification or oversight.

Concerns Over Lack of Accountability

Stringer is critical of the MAWSS board’s ability to impose restrictions without demonstrable evidence of a threat to water quality, such as a report from the Alabama Department of Environmental Management (ADEM).

Legislative Action Planned

Stringer is considering legislative proposals for the 2027 session aimed at curbing MAWSS’s authority and safeguarding public access to waterways. These include restructuring the MAWSS board, revisiting a bill requiring proof of a threat before lake closures, and exploring removing reservoirs from ‘critical infrastructure’ designation.

He is also investigating 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.

Public Opposition and Potential Legal Action

A grassroots organization, ‘Take Back Big Creek Lake from MAWSS,’ is also considering legal action, indicating widespread public concern. While MAWSS maintains the dispute is resolved, opposition remains, suggesting the battle for control of Big Creek Lake is ongoing.