Legal battle over Big Creek Lake intensifies as MAWSS announces updates on lake access

MOBILE, Ala. (WALA) — The fight over Big Creek Lake is escalating, with the Mobile Area Water and Sewer System (MAWSS) taking new legal action to protect what it calls the city’s most critical water supply. The utility serves 350,000 residents in Mobile and Baldwin Counties.

The controversy began in February when MAWSS shut down public access to Big Creek Lake, citing the need to safeguard Mobile’s drinking water supply. The utility argues that keeping the reservoir and surrounding property private is essential to protect water quality and prevent the spread of invasive species.

But local citizens, fishermen, and advocacy groups disagree. They argue the lake should remain open to the public and have been pressing for access for months. Attorneys Thomas Benton and Jim Dailey are now representing fishermen in a legal challenge against MAWSS.

“Anytime the public is excluded from a waterway, it’s a serious issue,” Attorney Benton said. “When you have the government taking away public rights, when’s it going to stop?”

Benton also pointed to an 1858 act that declared Big Creek Lake a public waterway. He says accountability begins with the city council, which selects the utility’s board of directors.

“MAWSS is controlled by a board of directors- and the board of directors are picked or selected by each councilmen. If they want to get to the root of the problem, they need to start with the councilmen,” added Attorney Benton.

MAWSS Announces New Measures

On Thursday, MAWSS revealed three major steps it is taking to strengthen control over the reservoir:

• Boat rental facility proposal: Within six weeks, MAWSS plans to issue a Request for Proposal (RFP) for a concessionaire to operate a boat rental facility. The plan, first introduced in April, is designed to prevent outside boats from introducing invasive species. Renderings show piers, a pavilion, shore fishing areas, restrooms, and the rental facility. As part of this plan, MAWSS says it will increase the amount of the reservoir available for recreational use and allow for use five days per week with the remaining two days dedicated to remediation of existing invasive species.
• Lawsuit against a state official: MAWSS filed a lawsuit against Alabama Department of Conservation and Natural Resources Commissioner Chris Blankenship after he declared Big Creek Lake a public waterway. The utility is asking a judge to grant it sole authority over the reservoir.
• Charges for unauthorized access: MAWSS also announced it is pressing charges against an individual accused of illegally entering the lake and crossing booms designed to block runoff and toxic materials.

In a statement to FOX10 News, Commissioner Blankenship defended public use of the lake, noting that Mobile County residents have fished there since 1952.

“We understand MAWSS’s concerns regarding access to Big Creek Lake, which is part of Big Creek. Big Creek is a navigable stream that is deemed public property in the State of Alabama. The people of Mobile County and the surrounding areas have accessed the lake since 1952. ADCNR started stocking the lake in the 1970s to provide additional opportunities for anglers. ADCNR supports the public’s continued ability to fish the lake now and for years to come. ADCNR supports the public’s continued ability to fish the lake now and for years to come,” Blankenship said.

What’s Next

It remains unclear when MAWSS’ lawsuit will be heard in court. For now, the legal battle highlights the growing tension between protecting Mobile’s drinking water and preserving public access to one of the area’s most popular natural resources.

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