Neighbors of the Snake Creek Reservoir have filed a lawsuit against the Carroll County Water Authority in an effort to be granted recreational use of the reservoir.

“We filed the lawsuit, but we have engaged in preliminary discussions with the water authority to ensure the homeowners get reasonable, regulated recreational access to the reservoir,” Joe Fowler, the attorney for the abutters, said. “Our hope is that we can resolve this matter without having to engage in protracted litigation.”

According to court documents, families living around the Snake Creek Reservoir started selling parts of their property to the Carroll County Water Authority in the mid-1990s. Early drafts of the reservoir’s water management plan made mention of recreational use of the reservoir and land around it. The lawsuit contends that some property owners sold with the understanding that they would have recreational use of the reservoir.

“There are several plaintiffs “ some of which are individuals or families and in one case there is a development company “ and in each case they are claiming that they are entitled to some form of access to the reservoir. They are claiming that representations were made to them that they would have access to the lake when they sold their property,” Todd Silliman, the water authority’s attorney, said. “None of the people who brought the lawsuit have language in their deed granting them access. Georgia law says that contracts that relate to real estate have to be in writing. I don’t agree with all the allegations that representations were made.”

Both Fowler and Silliman agree that if access were granted to the reservoir’s neighbors it would be very limited. The state Environmental Protection Division has regulations as to the type of activities that can go on around a reservoir that will be used for drinking water.

“Georgia’s regulations that relate to water supply reservoirs provide that local governments are supposed to restrict these uses and that those uses, including boating, swimming and fishing, are not allowed without EPD approval,” Silliman said.

Fowler said his clients are not interested in bringing gasoline-powered boats or other potential pollutants into the reservoir.

Silliman added that the EPD requested references to recreational docks be removed from the reservoir’s earlier water management plan.

“You can’t put objects onto or into the water that would damage the water quality,” he said. “We are very sensitive to that because my clients will be drinking that water.”

In Douglas County, Fowler said, there are two reservoirs that allow regulated recreational use.

Silliman said having to regulate access to the reservoir could prove to be problematic for the water authority.

“The county has a good reason for wanting to prevent this kind of use and access to the reservoir. The reservoir’s sole purpose at this point is to be a water supply source. They want to provide water rather than regulate recreation,” he said.

In may 2007 the Carroll County Water Authority decided to retool the reservoir’s access plans. At the time, water authority members said they were concerned about the unregulated use of the reservoir they had already seen.