SELC reached a trio of new settlements that will strengthen permits for three utilities looking to pump more water than ever before from the Duck River, one of the most biodiverse rivers in the world and the backbone of Middle Tennessee’s outdoor recreation economy. The beloved river has felt growing pressure from the region’s rapid development and climate change-driven droughts.  

The settlements apply to permits issued to three local water utilities in the Duck River watershed: Bedford County Utility District, Duck River Utility Commission, and Columbia Power and Water Systems. The agreements limit the amount of water the utilities can leak into the ground unused and require the utilities to follow an updated drought management plan. Additionally, state officials are committing to working with federal leaders to study the Duck River’s flow and the impact of the added withdrawals.  

“Throughout this process, we’ve heard from farmers, anglers, and local business owners who cherish the Duck River and recognize that the river deserves our stewardship and protection,” SELC Tennessee Office Director George Nolan said. “This settlement gets us closer to ensuring that this one-of-a-kind natural treasure can be used and enjoyed for generations to come, and we will continue to work with stakeholders and state leaders to protect this iconic river.” 

The settlements come as eight local water utilities seek to dramatically increase the amount of water they pull from the Duck River. In all, the proposals sought to increase daily water consumption by 22 million gallons, allowing for a total of 76 million gallons of water to be pumped from the river each day. The massive increase in water withdrawals threatens the health of the Duck River and led to the waterway being named one of America’s ‘most endangered’ rivers.  

We must act now to avoid a larger crisis.

Mike Butler, CEO of Tennessee Wildlife Federation

The Southern Environmental Law Center represented the Tennessee Wildlife Federation in appealing the three state-issued water withdrawal permits, successfully pushing for stronger permit terms around water conservation, drought management, and water loss prevention.  

“With help from SELC, and by working with TDEC, the revised permits for the Duck are an improvement over the original. We greatly appreciate Governor Lee’s leadership through Executive Order 108 and believe now is the time to act on its directives,” Mike Butler, CEO of Tennessee Wildlife Federation, said.

“Over the coming years, we have a critical opportunity to implement planning and protections that will secure the Duck’s health and future. We must act now to avoid a larger crisis when these permits are up for renewal. Collaboration among all stakeholders is key to conserving this national treasure,” Butler adds.

In 2021, SELC represented the Nature Conservancy and Tennessee Wildlife Federation in a similar appeal that challenged a water withdrawal permit issued to Marshall County Board of Public Utility, which proposed building an additional water intake facility on the Duck River. The appeal led to a settlement that added important drought protections to the permit.  

Tennessee Governor Bill Lee — in response to advocacy from community groups, local landowners, and conservation organizations including SELC — signed an executive order that aims to better protect the Duck River in November 2024. The order, among other things, establishing the Duck River Watershed Planning Partnership, which will develop water management recommendations, identify drought management opportunities, and engage with local communities and stakeholders. 

“If and only if we think wisely about how we conserve our natural resources will our children and our grandchildren be able to paddle these rivers and fish these rivers and tag mussels in these rivers,” Governor Lee said in a video statement that accompanied the order.