Settlement secured protecting clean, safe drinking water for metro Birmingham

BIRMINGHAM, Ala.– Today the Birmingham Water Works Board fulfilled a more than 20-year-old promise to legally protect the source of metro Birmingham’s drinking water.

Cahaba Riverkeeper and Cahaba River Society, represented by the Southern Environmental Law Center, reached an agreement with the Board and Alabama’s Attorney General to protect 7,000 acres of forested land around Lake Purdy, the Little Cahaba River, and the Cahaba River from development that could impact drinking water. Today, the Jefferson County Circuit Court approved that agreement.

The protected land is a natural buffer filtering stormwater runoff, providing clean drinking water for hundreds of thousands of people, and recharging the water supply while keeping treatment costs low for all water users.

“We now have a strong tool that engages the community with the Water Board in long-term protection of the land and drinking water source,” said Cahaba River Society Executive Director Beth Stewart. “We appreciate that the Birmingham Water Works Board and the Attorney General worked with us to find a solution that benefits all.”

“We are relieved that after more than 20 years, the Birmingham Water Works Board has finally honored the commitment they made to legally protect this land,” said David Butler, Cahaba Riverkeeper and Staff Attorney. “We have fought hard to defend the right of ratepayers to clean, affordable drinking water, and will continue to do so moving forward.”

“This is a legacy agreement that all parties should be proud of,” said Sarah Stokes, Senior Attorney for SELC. “This land will be legally protected for generations to come.”

The agreement is set out in a consent judgement which requires restrictive covenants that will be filed in Jefferson County and Shelby County Probate Courts in 60 days. The restrictive covenants will “run with the land” for 75 years, or for as long as the Board uses Lake Purdy and the Cahaba River as a water source. Even if the Board sells the land, it is still protected. Cahaba Riverkeeper and Cahaba River Society also have a legal right to enforce all protections on the land and perform regular inspections. Any changes to the settlement must be requested in court and approved by a judge.

In 2001, the Board and AG entered into a settlement agreement requiring the parties to establish a conservation easement to protect the watershed from harmful development. The agreement also allowed ratepayers to enforce it. After attempting for three years to persuade the Board to record legal protections on the land, SELC, on behalf of Cahaba River Society and Cahaba Riverkeeper, filed suit in 2021 to compel the Board to act. In 2022, the Alabama Supreme Court unanimously sided with the conservation groups and ruled that the Board failed to adequately protect the land as required by the 2001 settlement agreement. 

You can find more details on the settlement agreement here.

You can find a map of the protected land here.