From Channel to Lake: Navigating Legal Realities of the Pearl River “One Lake” Project

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Pearl in the Rough

In his epic book chronicling the impact of river training on American industry, culture, and economy, New Orleans author and historian, John Barry wrote that the Mississippi River, was the Spine of the continent, the artery of its commerce, and that the control of its waters was key to mastering the American Future. Every levee built or channel dredged, was a declaration of intent: that land was now open for business, for cotton, for timber, and for cities that would rise where once only the river held sway.

Man’s struggle to control rivers and create new life from them is an ongoing story—a new chapter of which is set to begin in Jackson, Mississippi. On February 26, 2026, the U. S. Army Corps of Engineers officially signed off on the long awaited One Lake Project that aims to sculpt the Pearl River to the designs of men. If the Mississippi River is an artery of the continent, the Pearl is but a capillary. Yet it is the aorta of Jackson, Mississippi, such that any defect in its flow is critical—whether too much or too little. Historically poorly controlled, the Pearl presents an ongoing threat to the Capital City.

The primary water source for the city, the Pearl feeds the Ross Barnett Reservoir and the J.H. Fewell Water Treatment plant. When the Pearl is healthy, 80,000 Jackson area homes and businesses have water. When the Pearl is low, so is Jackson’s water pressure, and thousands of residents are required to boil water.

The river’s poor control through Jackson, causes disastrous flooding in city. During the Easter flood of 1979, the Pearl crested at more than 25 feet above flood stage, displacing more than 17,000 residents and causing 1.7 billion dollars of damages in today’s money. Again, in 1983 the river crested only 4 feet lower than the great Easter flood impacting over 1,000 homes and business and causing over $450 million dollars in damages in today’s money. As recently as 2020, the Pearl posted its third-highest crest, damaging over 600 homes and causing millions of dollars in damage. Flooding invariably leaves the city’s decrepit water treatment plant in shambles because it sits on a nearly 90 degree curve in the river that is a choke point and hazard.

Down to the River to Pray: The One Lake Project

 One Lake is an epic project for Jackson because of its size and scope as well as the desperate and historical need for it, and in the mythical promise it suggests for both correcting Jackson’s notorious water problems and revitalizing the city. The project promises to bring between $450 million to $1 billion in infrastructure work to the area. The Pearl is small compared to the Mississippi River to which she runs parallel. The Mighty Mississippi moves approximately 50 times as much water as the Pearl, but undertaking to control the Pearl’s 12,000 cubic feet of river water per second, is still an ambitious engineering exercise, the result of which will dramatically alter the physical, cultural, and economic landscape.

The approved "Alternative D1" design referred to as the "One Lake" project—marks a historic milestone after forty-five years of regional debate. The core of the “Alternative D1” plan is a massive increase in the river’s conveyance capacity, allowing it to move water away from Jackson more quickly and forcefully during fooding events while creating a reservoir to regulate flow. This will be accomplished by physically recreating approximately 954 acres along a 9-mile stretch of the river where it bisects the heart of Jackson, Mississippi. 

The northern gateway of the project begins at river mile 249, just north of LeFleur’s Bluff State Park near the water intake for the antiquated and beleaguered J.W. Fewell Water Treatment Plant, an area known to locals as “Waterworks Curve.” While Jacksonians think of Waterworks Curve as the nearly 90-degree curve in Interstate 55 resulting in frequent accidents, engineers also refer to the 90-degree bend in the Pearl that the interstate mimics as Waterworks Curve—a chokepoint in the heart of the Jackson. The Pearl’s Waterworks Curve will be widened and expanded toward Highland Village and Northeast Jackson. Whether the substandard highway alignment that mirrors the river’s curve will be bent to match, is not yet known.

Along the urban core of the river between Downtown Jackson and Flowood, the river will be widened and deepened as it passes near the Mississippi State Fairgrounds and the recently developed District at Eastover. For its namesake and centerpiece, the Project will carve a permanent impoundment of the Pearl, creating the “One Lake” for which the Project is known. The 1556-acre lake will have a controllable modern weir dam for flood control. Generally speaking, a weir dam is a low-head barrier that does not completely block water but instead allows it to steadily flow over its crest. In Jackson, the weir will be adjustable, allowing for customized flood control responses. The weir, together with dedicated fish passages and similar contraptions will maintain the river’s ecological connectivity as it passes through Jackson and ensure natural flow of water, sediment, and wildlife downstream and into the Pearl River basin near the Mississippi Gulf Coast.

The lake begins just south of Waterworks Curve, the widest part to be located between Lakeland Drive and High Street near downtown. Here the river will be massively widened by up to 2,600 feet to create a waterfront near downtown Jackson for development as a recreational waterfront economic development area. The lake will be maintained at 256 feet of permanent pool elevation. This will allow for the use of recreational vessels along the nine-mile Reservoir and lake, including pontoons, sailboats, and deep draft boats to support recreational waterfront living

The Project terminates at river mile 285, just south of the Interstate 20 bridge near the confluence of Lynch Creek and the Pearl, site of the new weir dam, the capstone of the Project. Here, the newly engineered lake will meld into downstream flow toward Copiah and Lawrence Counties and on to the Pearl River basin on the Mississippi gulf coast.

This entire nine-mile stretch from river mile 249 to river mile 285 will be a continuous, linear reservoir ultimately controlled by the lake’s weir dam. The earth along these nine miles will be transformed by a feat of engineering not seen near Jackson since the development of the Ross Barnett Reservoir in 1963. Approximately 1000 acres of new land will be created using 9.3 million cubic yards of dredged soil, some of which will be placed along the western bank of the lake to create elevated plateaus for waterfront development. Just as the Ross Barnett Reservoir created thriving suburban communities around it, the proponents of One Lake hope the new lake and new land will revitalize the urban heart of Jackson. If the project is successful, drivers passing through Jackson on Interstate 55 (and through Waterworks Curve) will scarcely recognize the landscape.

For the construction and engineering industry, this Project represents more than just a $450 million to $1 billion infrastructure investment; it is a complex undertaking involving 1,200 acres of new lakefront, the construction of a new weir dam south of Interstate 20, and the widening of the Pearl River within the existing levee system. As local leaders aim for a late 2026 or early 2027 "shovels in the ground" date, contractors must prepare for the unique legal and regulatory hurdles inherent in a project of this scale.

The Reach Ahead: Anticipated Bidding and Construction Timeline

With the Corp of Engineers’ sign off in February 2026, the project moves from a decades-long planning phase into a rapid execution cycle. For contractors, the next 12 to 18 months are critical for pre-positioning and resource allocation. Based on current official projections from the Rankin-Hinds Pearl River Flood and Drainage Control District and federal partners, the following milestones are expected:

  • Design & Engineering Phase (Spring 2026 – Fall 2026): Following the signing of the design agreement (expected by late March 2026), the project enters an "intensive" engineering phase. This period will see the finalization of specifications for the new weir, levee reinforcements, and the precise dredging volumes required for the 1,200-acre lake.
  • Request for Proposals (RFP) & Bidding (Late 2026): Local officials have indicated a goal of seeking bids in the fourth quarter of 2026. Given the project's scale, the bidding process is expected to be multi-tiered, potentially involving separate packages for earthmoving/dredging, structural concrete (weir construction), and civil infrastructure (parks/trails).
  • Contract Award & "Shovels in the Ground" (Early 2027): While some optimistic projections suggest a start in late 2026, the current consensus among district leadership—points toward an early 2027 construction commencement.
  • Construction Duration (2027 – 2030): Once initiated, the construction phase is projected to last approximately three years, contingent upon consistent federal and state funding streams and construction conditions.

Submerged Snags: Be aware of contingencies

Contractors must account for several "moving parts" that could impact these dates:

  • Funding Interdependence: While $221 million has been secured via the Infrastructure Investment and Jobs Act (IIJA), this covers only a portion of the estimated $450 million to $1 billion total cost. The timeline for the remaining 35% non-federal share—expected to come from a combination of state bonds and local assessments—will dictate the pace of contract awards.
  • NEPA and Permit Finalization: While the major Record of Decision is complete, the "intensive design" phase must still satisfy final National Environmental Policy Act (NEPA) requirements and Section 404 permits for specific work segments.
  • Environmental Windows: Work on the Pearl River is often subject to seasonal restrictions to protect local species. Contractors should evaluate how these "environmental windows" might compress their operational schedules and impact labor costs.

Legal Ducks in a Row

Large-scale water infrastructure projects are notoriously complex. For the One Lake Project, contractors will be operating at the intersection of federal oversight, state environmental regulations, and local public-private interests. Several key legal issues warrant early consultation with experienced construction counsel:

  • Environmental Compliance and "CWA" Liability: Given the project’s scale and its impact on the Pearl River ecosystem, strict adherence to the Clean Water Act (CWA) and National Pollutant Discharge Elimination System (NPDES) permits is non-negotiable. Contractors must ensure their site management plans are robust to avoid federal fines or project-halting injunctions from environmental challengers.
  • Differing Site Conditions: Dredging 10 miles of river and managing 2,500 acres of wetlands introduces significant risk regarding subsurface conditions. Comprehensive "differing site conditions" clauses are essential to protect contractors from the costs of unforeseen geological or hazardous material obstacles.
  • Public-Private Partnership (P3) Dynamics: As the project involves a mix of federal funding and local tax-based financing through the Rankin-Hinds Pearl River Flood and Drainage Control District, contractors must navigate complex payment structures and multi-jurisdictional compliance standards.
  • Delay and Force Majeure: Infrastructure projects of this duration (estimated at three years) are highly susceptible to delays from weather, supply chain shifts, or legal appeals. Precise contract language defining "excusable delays" is vital for protecting profit margins.
  • Liabilities: The One Lake project will be constructed in a relatively constricted area with dense population and working around existing infrastructure. All of this presents potential liability to be insured and guarded against. Dredging, excavation, pile driving and constructing in close proximity to other structures will require care and planning.

River Revival:

Mississippians famously romanticize our rivers.

One Lake promises a river revival for Jackson—salvation from polluted water and flooding caused by the sins of past poor planning, a cure for urban blight, and even “waterfront property” for landlocked Jackson. If properly planned and executed the ill- tamed, polluted, and under leveraged Pearl will be transformed into Jackson’s crown jewel: a southern gothic with a happy ending wrought by modern engineering and state of the art construction techniques.

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Cheri Turnage Gatlin, is the Managing Partner of the Jackson, Mississippi office of Burr & Forman and has served as Chair of Burr’s Construction Practice Group. She brings over two decades of experience in supporting all legal aspects of the construction business including construction litigation and international arbitration. She litigates cases in federal and state courts and has arbitrated construction cases in the U.S. and internationally. She has handled hundreds of millions of dollars in construction claims and served as lead counsel for the construction of a multi-billion-dollar steel mill in Mobile, Alabama. She is a AAA Construction Arbitrator and Mediator, and she advises her clients on legal issues facing the industry on a daily basis. Cheri has been recognized by Chambers and Partners as a leader in her field since 2010. The Burr Construction team has six Jackson, Mississippi based construction lawyers.

Burr & Forman’s Construction and Government Contracts Practice Group

Successfully navigating the types of challenges raised by the One Lake Project is what we do. Burr’s Construction Team has handled complex industrial, commercial, infrastructure, and government projects throughout the United States. The complexity of the "One Lake" project means that the bidding phase is about more than just the lowest price; it is about demonstrating the capacity to manage risk. Burr & Forman assists clients in evaluating these high-stakes RFPs, taking steps to avoid bid protests, and ensuring that contract terms reflect the true volatility of large-scale water. In addition, we work with our clients on all aspects of the legal environment of construction. Analyzing the impact of federal "Buy America" and other bid requirements, covering those risks with insurance, bonding, and coordinating downstream subcontract requirements, negotiating, arbitrating, and litigating complex construction disputes including federal bid protests and requests for equitable adjustment, and handling the unique labor and employment issues of construction federal government contractors is what our team does. 

Burr’s Construction and Project Development team has represented owners in the development of over 20 billion dollars in construction throughout the United States, and has likewise recovered hundreds of million of dollars and claims and equitable adjustments for contractors. Whether it is navigating licensing, joint ventures, or project documentation, our firm’s 150+ commercial litigation attorneys across 20 offices ensure that the "One Lake" project remains an opportunity for growth rather than a source of liability.

With a local construction group in Jackson and a government contracts team in D.C., Burr has both “boots on the ground” in Jackson and an extensive federal government contracting team lead by Dirk Haire. Dirk is the Managing Partner of Burr’s Washington D.C. office and leader of the firms Government Contracting team. A Chambers USA -ranked attorney in the District of Columbia since 2007, Dirk specializes in federal bid protests and complex government contract claims. He frequently represents contractors before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims. He serves as an At-Large Member of the Associated General Contractors (AGC) of American Board of Directors and as a leading voice on federal procurement policy.

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