Monitor Vol 33 Issue 2
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NOVEMBER 2019 VOLUME 36, ISSUE 2 FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR NEWSLETTER OF FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. 309 SR 26 P.O. Box 357086 Melrose, Florida 32666 Gainesville, Florida 32635 website facebook phone www.fladefenders.org www.facebook.com/floridadefenders (352) 475-1119 The Rodman Report 2019/2020 Drawdown by Karen Chadwick Cannon Springs at flood level The 2019/2020 drawdown of the Rodman flood pool on the Ocklawaha River to help control unwanted vegetation began on October 1st. It is During the drawdown scheduled to start refill by March 1st. During the drawdown many people are taking this opportunity to see Cannon Springs, in all its natural glory, plus many of the 20 or more other springs unavailable when the reservoir is full. Boating, kayaking and fishing guides are very busy providing charters during this time. Anglers are flocking to the river as bass and other species are concentrated in the natural channel. Shoreline fishing opportunities increase at Kenwood and Orange Springs boat ramps that are accessible only during the drawdown. Hopefully local county commissioners and legislators will realize what an asset the springs are to nature based tourism and will see how many people 2019-2020 Drawdown Schedule for Rodman visit the springs along the Ocklawaha River during the drawdown. Perhaps Sep 10 - Sep 30: Surcharge to approximately 20.0 feet NGVD they can encourage our State conservation agencies to pursue restoration of Oct 1 - Oct 15: Lower from 20.0 to 18.0 feet NGVD Oct 16, 2019: Drawdown per general permit from 18.0 feet NGVD the natural hydrology of the Ocklawaha River as the State shows in its plans Nov 15 2019: Arrive at 11.0 feet NGVD – which has been suppressed by political influence for decades! Now is your Nov 15, 2019 - Mar 1, 2020: Maintain level at 11.0 feet NGVD chance to get on the water and see what the Ocklawaha River has to offer Mar 1, 2020: Begin refill to 18.0 feet NGVD while the river flows within its banks. Apr 15, 2020: Arrive at 18.0 feet NGVD Apr 15 - Apr 30, 2020: Surcharge to +/- 20.0 feet NGVD Orange Springs and Kenwood boat ramps extended to reach the river Cannon Springs revealed The flooded forest of Rodman Extended boat ramps bring many locals to the banks FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR President’s Last Message by Steve Robitaille After 6 gratifying years serving as FDE board president, it is time for me to share with our many supportive members this farewell message. During my tenure I have worked with five Executive Directors who have helped me to keep the tent up, and to keep alive our various projects on behalf of Natural Working to protect freshwater Florida. I am indebted to all of them, and to our current director, Jim Gross, resources, conserve public who will guide FDE in the critical months ahead with the multi-talented, lands, and provide quality Jenny Carr, who has been wisely tapped to be my successor. environmental education since FDE has been recognized for its 50 years of service as being guided by solid science, law and 1969. economics. These are the compelling factors that lead FDEP Secretary, Noah Valenstein, and Governor DeSantis’s Chief Science Officer, Dr. Thomas Frazer, to characterize their recent meeting with FDE’s Ocklawaha restoration delegation as one of the best organized and most Executive Committee effective of their tenure in office. I truly believe that in the coming months our statewide Ocklawaha coalition, and the continued leadership of the stellar group now leading this ongoing Jennifer Carr, President effort, will bring to fruition restoration of Ocklawaha. Joseph Little, Vice-President At our recent 50th anniversary party in Melrose I announced the revival of FDE’s President’s Club Karen Chadwick, At- Large and what we are calling our “$50K @ 50 Campaign.” Our goal is to challenge some 100 loyal supporters to contribute, either individually, or with others, $500 to this campaign, thus earning Jim Clugston, Secretary, them membership in FDE’s “President’s Club” and a handsome plaque bearing their name(s). I am Stephen Holland, Treasurer hoping 100 supporters will meet this challenge by the next spring board meeting, thus realizing our Mary Alford, At-Large goal of $50,000. To this end, I have primed the pump with a $500 donation. These funds are so critical in the next few months as we continue our dialogue with state leaders in Tallahassee will be wisely invested. But it is people power that ultimately makes the difference. People like you and the many dedicated members of our restoration planning group and coalition members. I have informed our Executive Committee that I will happily serve FDE in whatever Trustees capacity they deem valuable as I retire from serving as President. I have passed the baton of Lars Andersen President to Jennifer Carr, our founders’ granddaughter, representing a pivotal moment for Florida Fay Baird and the restoration of the Ocklawaha River. I know I want to raise a toast at the party we will throw when Marjorie Carr’s dream of a free-flowing Ocklawaha is, at long last, a reality. Bill Cumming Byron Flagg Lola Haskins Thomas Hawkins Nkwanda Jah Bruce Kaster Join our President's Club! Derek LaMontagne FDE’s President’s Club and "$50K @ 50 Campaign." Peggy MacDonald Send $500. or more to this campaign, and receive this Mac MacKay handsome plaque bearing your name. Tracy Marinello Bettina Moser Steve Robitaille Veronika Thiebach Katie Tripp JoAnn Valenti Dr. F. Ashley White 2 Staffxecutive Assistant And so it is with the Ocklawaha and its popular bass fishing pond. The river Marjorie so loved was one of the world’s pristine waterway jewels well into the 20th century, even though various schemes to build a canal across Florida were centuries old. It took an impassioned Florida citizen and her small legion of FDE scientists, lawyers, economists and loyal supporters to bring about the de-authorization of the canal project in 1970. This was the age of dam building, before the nation woke up to the realization that the structural control of natural waters leads to calamitous unnatural consequences. continues to progress under the leadership of Joe Little. This legal action seeks to hold the Florida Legislature accountable for the mismanagement of taxpayer dollars that were intended to purchase and restore land for conservation. • These are only a few of the critical and costly endeavors currently underway that need immediate member support. Your generous donation could underwrite the cost of sending a delegate to the Everglades Coalition meeting, producing materials for our Ocklawaha restoration campaign, legal fees to fight the Sleepy Creek threats to Silver Springs, and other ongoing initiatives. NOVEMBER 2019 VOLUME 36, ISSUE 2 Amendment One Update by Joe Little Florida Defenders of the Environment is not giving up on our lawsuit against the state of Florida for not using Amendment One funds to buy land for conservation and protection of our water. Amendment One was adopted by the people of Florida on November 6, 2014 to add Article X §28 to the Florida Constitution. The title of that provision is “Land Acquisition Trust Fund” and the ballot title the people saw when voting was “Water and Land Conservation—Dedicates Funds to Acquire and Restore Florida Conservation and Recreation Lands.” Despite the purpose of the amendment, the Legislature immediately appropriated the funds for other purposes and not for the acquisition of new conservation lands. The Florida Wildlife Federation sued the state on one theory and FDE later sued on another, submitting that the monies must be used to purchase and improve new conservation lands. The two cases were consolidated. The trial court adopted FDE’s theory and the State of Florida appealed to the District Court of Florida, First District, arguing that the State could spend the money to manage conservation lands whenever purchased, wherever located and by whomever owned. The District Court adopted the State’s argument and overruled the trial court’s decision. FDE plans to seek review in the Supreme Court of Florida. Although the Supreme Court has discretion to accept or deny review, FDE believes every opportunity to preserve the trial court’s decision should be taken. FDE will keep members informed as the case continues. US Forest Service Update by Bruce Kaster The Legal Battle Continues In a recent surprising decision Judge Harvey Schlesinger finally ruled on the USFS motion to dismiss filed last September. The Judge granted the Forest Service’s motion to dismiss FDE’s lawsuit based on the concept that the USFS could not be compelled to move forward with river restoration because this action is within the discretion of the Forest Service. He also ruled that the Forest Service was permitted to inappropriately file a late self-serving supplement to the record. We believe that he is wrong in both rulings. FDE is proceeding with an appeal. FDE has hired an appellate lawyer, Pamela Jo Hatley, to assist Jane West with the appeal. Jane has filed a motion to amend the court’s decision as a prerequisite to going forward with the appeal. The motion is available through a link at FDE’s website. The war goes on. photo by Karen Chadwick photo by Julie Bowland 3 FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR Marjorie Harris Carr's Granddaughter Jennifer Carr Steps up for the challenge to lead FDE ! Tallahassee Meeting and Restoration Leadership Conference The Ocklawaha Working Group which includes Jim Gross—FDE Executive Director, Karen Chadwick— FDE Board of Trustees member, Margaret Spontak —the Silver Ocklawaha Blue Highway, Lisa Rinamen—St.