The Mobile County Water & Sewer System (MAWSS) has been asked to provide specific information on their decision to close Big Creek Lake to public recreation.
Mobile County Commissioner Connie Hudson made the request Monday. In a letter to MAWSS Director Bud McCrory, she asked for this information about the sudden decision to close the lake to the public on February 5:
Big Creek Lake lies within Hudson's County Commission district. She is also a candidate for the open seat of Mayor of Mobile in the August 26 municipal election. The MAWSS Board is appointed by the Mobile City Council.
Whether or not to reopen Big Creek Lake to public recreation could become an issue in the elections for Mobile mayor and council members.
Hudson's letter told the MAWSS Director:
"[T]he Feb. 5, 2025 permanent closure of Big Creek Lake to all recreational boating and fishing by MAWSS shocked Mobile County residents and caused a backlash of negative sentiment from angry citizens who have frequented the lake for decades."
The text of Hudson's request is here:
Meanwhile, a bill to prevent water systems from closing public waters is moving through the state legislature. A hearing will be held Wednesday, April 2, on House Bill 473, which would prohibit water systems from stopping fishing, boating, and other recreation on public waters. While statewide in effect, it is primarily aimed at reopening Big Creek Lake to recreation.
The hearing will be at 10:30 a.m. in room 123 of the State House, 11 South Union Street in Montgomery. Citizens can sign up there to speak in the hearing before the House Boards, Agencies and Commissions Committee. Speaking times will be limited and are usually three minutes.
Committee Chair Rep. Margie Wilcox (R-Mobile) told 1819 News that the hearing will be conducted, but no actual vote of the committee will be taken on April 2. A vote will be taken at a future committee meeting. A Mobile-based group, "Take Back Big Creek Lake from MAWSS," is promoting attendance.
For citizens who cannot attend the hearing, the 11 members of the committee and their contact information can be found here.
The bill was introduced by State Rep. Shane Stringer (R-Citronelle). Stringer represents a large district in north Mobile County, which contains Big Creek Lake. The lake is known for two things: it is the water supply for 70% of the greater Mobile area and is a popular recreation lake for fishermen and boaters.
Stringer's bill prohibits water boards and sewer commissions from banning or restricting recreational activities on lakes they own or control.
"Suddenly declaring an entire lake off limits without offering specific reasons or justification is unfair and hurts the quality of life for everyone who lives in the area. The residents of House District 102 are angry and upset at this bureaucratic nonsense, and I share their reaction, so if MAWSS refuses to reverse its decision, the Legislature can certainly step in and reverse it for them," Stringer said.
Under the provisions of HB 473, a water or sewer board "may not in any way restrict the public's recreational use of a body of water, or portion thereof, owned or controlled by the board, including for fishing and boating."
The citizen group 'Take Back Big Creek Lake from MAWSS' met on March 30 to continue their fight for the lake's reopening and organize citizen participation in the April 2 hearing.
The group has posted a Facebook page and now has over 2,700 members. Electrical contractor Matthew Frazier organized the group.
Members of the MAWSS board that ordered the lake closed include State Rep. Barbara Drummond, Chair; Maria Gonzalez, Linda St. John, John Williams, Jay Weber, Raymond Bell, and Tommy Zoghby.
Last week, the Alabama Department of Conservation issued a determination that Big Creek Lake is legally open to the public. The determination came after Rep. Stringer filed a request with Conservation Commissioner Chris Blankenship on the question.
Blakenship responded to Stringer and others on Thursday:
…I asked our General Counsel for a legal determination on whether Big Creek Lake is a public water because the public has a right to fish and recreate in public waters of the State.
Big Creek is a navigable stream. MAWSS placed a dam over a navigable stream, making Big Creek Lake a public water pursuant to Ala. Code 9-11-80. Thus, the public has the right to fish and recreate in the surface waters of Big Creek Lake. The public does not have the right to trespass on lands owned by MAWSS in order to access the Lake.
We have shared this determination with MAWSS.
Chris Blankenship
Commissioner
Alabama Department of Conservation and Natural Resources
The department's finding does not carry the force and effect of law.
According to Stringer, MAWSS has not responded to the question of whether it will abide by the opinion and reopen Big Creek Lake. If it does not, litigation or legislation would be necessary.
Jim' Zig' Zeigler writes about Alabama's people, places, events, groups and prominent deaths. He is a former Alabama Public Service Commissioner and State Auditor. You can reach him for comments at [email protected].
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