The Bonnet Carré Spillway is a flood control structure built after the devastation of the Great Flood Of 1927. When the water levels in the Mississippi River get too high, river water is diverted through this spillway to Lake Pontchartrain. When this picture was made, it was the first time in 11 years that the spillway had been opened, the first time in 11 years that the area that you see covered by water in this image was covered by water. April 2008, Norco, Louisiana. Jim Baux photo.
The Corps of Engineers has routinely opened the Bonne Carre' spillway many times over the past four years, killing the oyster population in the Mississippi Sound. Mississippi is suing the Corps over the damage and to force them to come up with an alternative. The suit is wending its way through the federal court system. Meanwhile, the Corps claims no responsibility for the damages.
Having worked for USACE early in my career, I am not surprised. If their control structure is operating as designed for its Congressionally authorized purpose, they believe they have done their job. USACE also takes a hard narrow stance on sovereign immunity. Its interesting to say the least.
Philip, it will be interesting to see how this plays out. I suspect it will take a SCOTUS ruling or an act of Congress, or both to resolve. Regardless, it will be years in resolution. In the meantime, our oyster population will have been decimated, and our shrimp population reduced to hobbyist catches.
