BACKGROUNDER

Solving the Riddle: Addressing Water Quality and Quantity to Restore a Legacy

By Dan Peterson Director, Center for Property Rights at The James Madison Institute

federal, and local governments have wrangled over funding A Florida Riddle it, and environmental activists have leveraged it. What singular policy issue has lingered in Florida, In 2014, voters approved Amendment 1 dedicating despite having been discussed for decades, hotly debated one-third of doc stamp revenue for the next 20 years for in multiple legislative sessions, and subject to expensive statewide environmental preservation purposes including lobbying efforts? What issue has induced emotional pleas, “to acquire, restore, improve and manage conservation received billions of dollars to spend on planning and lands…including the Everglades.” This action brought new projects, and continues to be a costly and complex effort? visibility to statewide environmental needs as well as further If you answered, “Restoring the Everglades” you win debate to the issue of Everglades restoration. In order to the prize. For decades, one of Florida’s top environmental more fully understand and appreciate the complexities of challenges has been the restoration of the Everglades. restoring the Everglades today, it is imperative to take a Scientists have studied it, legislators have debated it, state, brief look back in time for a helpful perspective.

www.jamesmadison.org | 1 A Brief History of northern Everglades and many along the banks of . While dairy farming and cattle ranching the Florida Everglades spread north of the lake, tomatoes, sugar cane, beans, The effort to subdue the Everglades area began as early peas, peppers and potatoes became the dominant as 1850 with the Swamplands Act, which transferred crops to the south. To protect these communities 20 million acres from the federal government to the and agriculture interests, small muck levies were state for the purpose of drainage and reclamation. In constructed. 1881, the state sold 4 million acres of land to developer In the 1920s, devastation hit when two hurricanes for $1 million – which according to led to massive flooding and thousands of deaths. One an article in during that period of those storms flooded hundreds of acres of farmlands was reportedly the most and killed approximately 2,000 people. land ever purchased by In response to this catastrophe, President Herbert a single person in world Hoover ordered the U.S. Army Corps of Engineers history. He sought to drain (USACE) to assist the communities affected. The result part of the Everglades was a massive government plan to construct a dike in the around Lake Okeechobee to control future flooding. region by constructing In the effort to prevent too much water from a canal connecting Lake accumulating in the lake, additional plans were laid Okeechobee to Lake for canals to be constructed from the lake west to the Hicpochee at the headwaters and east to the St. Lucie River of the Caloosahatchee River. as vents to relieve excess water. Congress authorized U.S. Geological Survey reconstructed Landsat image So successful was he in construction of the dike and canals. The result: the of the Florida Everglades circa 1850 (left) and actual freeing land for agriculture population in the surrounding towns tripled and Landsat image from 2000 (right) that the value of his land agricultural production soared. More Than 100 soon doubled, bringing an In the 1930s, the USACE began the task. The result of its work became known as the Herbert Hoover Dike Years of Change influx of people migrating to the area. (HHD), a 143-mile earthen dam that surrounds the  As a result of many A much broader initiative lake. factors including population began in 1905. Florida In 1947, another major hurricane hit South Florida causing widespread flooding and property loss. As a increases, development Governor Napoleon Bonaparte Broward began result, in 1948, Congress authorized the creation of growth, ranching and a policy of draining the the Central and Southern Florida Project to provide agricultural industries, as Everglades to “create” better flood control by constructing a series of canals, land for agriculture and levees, and other water control structures. The canals well as the construction of development. This opened connecting Lake Okeechobee to the Atlantic Ocean the Central and Southern the door for population were widened and deepened. Florida Flood Control District, growth in Southeast Florida With greater flood control and conveyance of – from roughly 23,000 in water came population growth along the east coast of today the Everglades area 1900 to nearly 230,000 by Florida. As demand for development to the west grew, is approximately one-half its 1930 – as well as helped the water from the eastern Everglades was drained and original size. early population growth in communities, such as Plantation, Hialeah, Wellington, cities such as and Weston, Boca Raton, Parkland and Coral Springs, Fort Lauderdale. It was flourished. also during this time period that another significant As a result of many factors including population transformation of the Everglades took place with the increases, development growth, ranching and construction of the connecting Miami agricultural industries, as well as the construction of to Naples (1915-1928). the Central and Southern Florida Project, today the As more people moved to Florida to make a Everglades area is approximately one-half its original 1 life, numerous small towns were established in the size .

BACKGROUNDER | Solving the Everglades Riddle  A map showing the immensity of the Everglades ecosystem and the areas which it affects. The ecosystem of the Everglades covers and affects more territory than most people think. Thus, its restoration will have widespread impact.

The Everglades Problem Defined American inventor and businessman Charles Kettering once said, “a problem well-stated is a problem half-solved.” When it comes to restoring the Everglades, two major challenges stand out.

Challenge 1: Controlling Water Quantity It is a perplexing task to find the balance between Today, Florida is home to more than 20 million meeting environmental, agricultural and human residents. The increasing development needs of people needs for water, all while preventing flooding in areas and the accompanying economic growth have made of concern. Several methods have been or are being Florida the third most populous state, and one of the examined to store and convey water. most influential and economically viable in the country. It is important to be aware of the diverse goals for For example, statistics from 2014 show the financial storing water. They include preparing for future water impact of agricultural commodities has grown to more supply, flood control, aquifer recharge, water cleansing, than $13 billion annually. Florida agricultural exports and land restoration. Several methods are used, or can alone were valued at more than $4 billion2 for the third be used, including: year in a row. Such production, along with the millions • Storage Reservoirs: artificially created man- of jobs supported by agriculture, makes Florida a made “lakes” on government owned property. desirable place to work and live for economic mobility. They can cover thousands of acres of land and While the water management efforts of the last be quite deep (10-12 feet). As much as 200,000 century helped to support population and industry acre-feet of excess water can be diverted into growth, there were unintended consequences. It is no these reservoirs. These are costly and usually longer possible to restore the Everglades to its original constructed by the government. size and watershed extent. However, numerous plans, • Flow Equalization Basins: shallow versions of including a multitude of federal and state projects, reservoirs with maximum depths of 3 to 4 feet. have been, and are, at work to address environmental They are used to capture and temporarily store concerns. Billions of dollars have been spent to secure peak stormwater flows. They often flow into a balance of maintaining quality of life for residents Stormwater Treatment Areas or STAs. These are while restoring the remainder of the Everglades. more simple to construct and more economical. Restoring the Everglades, and dealing with its related issues, is certainly not Florida’s only environmental • Water Farms: privately owned properties where problem, but it is one of the most complex and government pays the owner to allow excess important. This Backgrounder from The James water to be “stored.” Sizes vary and the water is Madison Institute outlines many of the reasons. generally 2 to 4 feet in depth. Despite the lack

www.jamesmadison.org | 3 of depth, tens of thousands of acre-feet of water As important as controlling the quantity of water can be stored in a single water farm. is the need to clean water in order to reduce the • Aquifer Storage & Recovery: wells are drilled concentration of nutrients, such as phosphorous and to deep into the aquifer in places where the a lesser degree, nitrogen. Methods for this include: geology is appropriate for storage. During wet • Stormwater Treatment Areas (STAs): large seasons, water is treated and pumped into these man-made wetlands designed to maximize wells creating a “bubble” of fresh water in the nutrient removal from agricultural runoff. They aquifer. Water can be “stored” here until the dry are built on large tracts of land rivaling, in some season returns and water is needed. It can then cases, the size of cities such as Ft. Lauderdale be pumped back out for whatever purposes are (more than 20,000 acres). Large pumps pull tens needed. of thousands of gallons per minute of storm • Deep Injection Wells: wells drilled deep into water from canals and force it to flow through the “boulder zone” approximately 3,000-4,000 these wetland areas, where the nutrients are feet below the surface. The use of deep injection absorbed by the soils and aquatic vegetation. wells can reduce discharges to the estuaries by The cleansed water is then pumped into the instantaneously disposing of water below the Everglades. surface during high lake stage events and could • Best Management Practices (BMPs): practices reduce or eliminate Lake Okeechobee releases to adopted by the agricultural community to the estuaries. minimize or prevent nutrients such as pesticides, fertilizers, animal waste, and other pollutants Challenge 2: from leaving the farm. They protect and improve Improving Water Quality water quality as an integral component of farm management.

Aerial view of Stormwater Treatment Areas (STAs) in the Northern  JMI’s Dan Peterson stands in front of the Caulkin Everglades. Water Farm in Martin County. Caulkin is a good  Water is pulled from canals by example of how privately run projects can be done huge pump stations costing tens of for less money and more quickly than government millions of dollars. The water then run programs. This public-private partnership, flows through wetland areas that 413-acre project designed to store 6,780 acre-feet are designed to remove nutrients of water per year, has already proven its value by from the water. After flowing across storing 12,000 acre-feet of water per year, almost thousands of acres, the water is twice the amount of water expected. pumped into the Everglades.

BACKGROUNDER | Solving the Everglades Riddle • Water Conservation Areas (WCAs): These natural wetland areas are part of what is left of the historic Everglades. While technically these areas are not for water treatment, they receive waters downstream, which need protection. An Interconnected Ecosystem – The Process of Planning Solving such challenges requires planning and a comprehensive understanding of the complexities of the situation. Several state and federal planning processes such as the Comprehensive Everglades Restoration Plan (CERP), the Northern Everglades and Estuaries Protection Program (NEEPP), and the “Central Everglades Planning Process” (CEPP) have provided guidance for a number of restoration projects3. To appreciate the complexity and interconnectedness of South Florida, there are five geographic areas that must be understood. Each area has its own unique issues that are also interrelated. Today, around the Greater Everglades Ecosystem Restoration Area, the South Florida Water Management District monitors and tracks the status of more than 60 construction projects. Each project must be studied, planned, authorized and funded before implementation. Some projects are successfully at work, while a number remain unplanned, unauthorized and/or unfunded.  CERP is made up of many projects in various stages of development or planning. Five Interconnected Areas Understanding the multitude of projects gives one an appreciation for the complexity Area One - Lake Okeechobee of Everglades restoration. Lake Okeechobee (which means “big water” in Indian language) is a 730 square mile body of water at the epicenter of concerns. The major source of its water, however, is the Lake Okeechobee Watershed dike and eliminate the weaknesses that now exist by and basin to the north, an area covering 5,600 square improving its culverts and lock systems. But, only so miles. The large, well-drained watershed causes rapid much can be done to allow Lake Okeechobee to hold rises in the level of the lake during periods of heavy more water safely. The USACE has invested more than rain, and requires quick release of the water from the $500M since 2007 on projects focused on preventing lake to bring the water to a safe level. The Herbert catastrophic failure4, but much more needs to be done. Hoover Dike, built 75 years ago, has deteriorated to Even when dike improvements are completed, it will such an extent that the communities around the south not completely solve the problem. shore of the lake could face the potential of catastrophic The need to control the lake level was recognized flooding during prolonged high lake levels. more than one hundred years ago and is why two canals Projects are underway in an effort to reinforce the were constructed to divert excess water out of the Lake

www.jamesmadison.org | 5 brackish and saltwater. Those in the fishing and tourism industry in the Sanibel and Captiva area report they must now fish farther north in the Pine Island Sound instead of the San Carlos Bay due to large amounts of fresh water released into the Caloosahatchee River. This problem continues today.

Areas Two and Three – The St. Lucie River Watershed and the Caloosahatchee River Watershed An urgent need exists to protect the Caloosahatchee (five sub-basins) and St. Lucie (seven sub-basins) estuaries from the devastating effects of excessive nutrient rich water within the respective river basins themselves, as well as large periodic water discharges from Lake Okeechobee. This water needs to both be stored and treated for high levels of polluting nutrients. Approximately 70 to 80 percent of the freshwater flow and 65 to 80 percent of the nutrient load to the St.  The territory defined in red shows the 5,000 plus Lucie and Caloosahatchee Estuaries originates in the local basins with the remaining balance coming from square miles of the Kissimmee River watershed Lake Okeechobee5. which begins just south of Orlando. It feeds into A truly comprehensive plan to protect these estuaries the 730 square mile Lake Okeechobee. During will therefore focus on reducing regulatory releases from Lake Okeechobee through a combination of heavy rain events, the lake must retain its own rain storage reservoirs on existing public lands and water water plus those flowing from the north. farming (storage) on private lands with landowners who have proven to be effective partners in water management. Beyond that, studies using scientific data are needed and the local watersheds; one to the east feeding into to consider other potential contributors of nutrient the St. Lucie River and estuary, and one to the west pollution such as residential fertilizers, septic systems, feeding into the Caloosahatchee River and estuary. and stormwater runoff. A close look at the impact When depths in Lake Okeechobee reach such a level of raw sewage releases into the environment during as to threaten the integrity of the dike, the USACE has municipal wastewater treatment facility failures is also a federal regulatory safety mandate to discharge water warranted. into these canals. The Basin Management Action Plan (BMAP) system, While this mandate serves the need to protect passed by the Florida Legislature in 2015, should and the dike, coastal communities downstream now will play a prominent role in such determinations. A complain that the large releases are devastating to local BMAP brings together local leaders to identify local environments due to the large amounts of fresh water sources of nutrient pollution, evaluate potential local and phosphorus entering the saltwater environment. solutions, and prioritize projects to improve water In 2013, USACE discharges from Lake Okeechobee quality. and the St. Lucie watershed into the St. Lucie River Already, billions of taxpayer dollars, funding multiple estuary were blamed for creating algae blooms, projects at various stages of completion, have been and discoloring the water, killing marine life, and negatively are being spent to address water quantity and water impacting the local tourist economy. quality issues. As stated, many important projects, The primary impact of the water release is the which have been approved, remain unfunded, because enormous amounts of fresh water suddenly invading

BACKGROUNDER | Solving the Everglades Riddle of the slow federal process to approve and fund large- scale water projects. Nearly half of the land in South Area Four – The Lake Florida is owned by the government. Okeechobee Watershed This costs you money. From a long-range, strategic perspective, nothing could be more beneficial than relieving the pressure on Lake Okeechobee by controlling and cleaning water flowing into it from the north. Even with the efforts to strengthen the Herbert Hoover Dike, the amount of water that can be stored there will be limited. In times of heavy rain, more water will still flow into the lake than can be drained, and the USACE will still have its regulatory safety mandate requiring it to release water into the canals and funneling excessive fresh water to the east and west, and into the estuaries of concern. The Lake Okeechobee Basin Management Action Plan (LO BMAP) was approved in 2014, and once Watch the video now to learn more: projects are proposed through the BMAP process, www.jamesmadison.org state funding through the Florida Department of Environmental Protection (DEP) will be needed to implement the highest priority projects. One key strategy of the LO BMAP is the development of the Area Five – The Everglades Lake Okeechobee Watershed Project (LOW). The Agricultural Area LOW project, a component of CERP, has the objectives of providing better management of lake water levels, Located south of Lake Okeechobee, the Everglades reducing damaging discharges to downstream Agricultural Area is a 700,000-acre center of agricultural estuaries, restoring isolated wetlands, and resolving production including sugar cane, rice, vegetables and water resource problems in Lake Okeechobee6. sod. The conveyance, treatment, and storage of water Reservoirs, STAs, wetland restoration, and a modified from this region and from Lake Okeechobee into Lake Istokpoga regulation schedule were anticipated the Everglades are a key component of Everglades components. restoration. Recognizing this, the U.S. Army Corps Expediting the planning and implementation of the of Engineers and South Florida Water Management LOW effort is the single most important endeavor that developed a long-term solution for moving water needs to be funded and conducted so that effective south, away from the northern coastal estuaries action can take place. Such projects qualify to be and into the heart of the Everglades and Everglades funded through the Legacy Florida (Amendment 1) National Park in 2013. This project is now known as funding, which is now a part of Florida’s budget7 and if the Central Everglades Planning Project (CEPP), and is they are developed under the federal CERP umbrella, now awaiting congressional authorization. According they will qualify for 50 percent federal funding. to the U.S. Army Corps of Engineers, this plan will be accomplished using existing state-owned land and is estimated to cost $2.1 billion. While demands by some to purchase additional land for water storage in the EAA have been persistent, they usually overlook the benefits to be derived from the CEPP. If additional water storage for the next increment of projects beyond CEPP is needed, potential water storage projects will have to be based on criteria such as location, scientifically-based suitability,

www.jamesmadison.org | 7 $938 million $880 million Amendment 1 approved $1.8 billion Everglades spent by approved by Florida by voters: More than spent by the the federal Legislature for new plan $200 million per year in Restoration State of Florida government on called Everglades Restoration additional dedicated state on restoration11 at a Glance restoration12 Strategies in 201313 funding for the Everglades

best land use principles, the impact on local economies, Obtaining Authorization other project sequencing, other project dependencies and affordability. If decades into the future additional Federal laws going as far back as the 1930s require storage is needed south of Lake Okeechobee, there are each project to have a defined “authorized purpose.” already tens of thousands of acres of land now in public Such purposes include: flood damage mitigation, ownership for water storage and restoration efforts, and navigation, agricultural, municipal and industrial the use of these lands for water treatment and storage has water supply, preservation of fish and wildlife, drainage not been maximized by the government. Furthermore, and water control, water management specific to the the purchase of additional lands in the EAA has not , recreation, protection of proven to be needed at this time nor included in any water quality, prevention of saltwater intrusion, and 9 vetted government approved restoration plan. aquifer recharge . Beyond the purposes of each project For now, limited state and federal funds would there are also a host of other Federal constraints to the be better used implementing the multibillion dollar planning and execution of projects brought on by the backlog of restoration projects on land that has Endangered Species Act, the Migratory Bird Protect already been acquired for that purpose. With more Act, the National Environmental Policy Act, the Clean than 29 percent of Florida land already in government Water Act, etc. ownership for conservation purposes, there is no Beyond these federally requirements, state law shortage of conservation land8. Should other land adds its purposes including mandates to “consider be needed after the existing restoration projects are all applicable water resource issues, including water completed, the free-market principle of a willing buyer supply, water quality, flood protection, threatened purchasing from a willing seller should be employed, and endangered species, and other natural systems provided the land proposed for acquisition meets and habitat needs.” Other state purposes require that legally required criteria. The government power of permits issued for component projects comply with eminent domain would only be available for projects water quality standards; that discharges from project that have been fully designed, approved through a components not pose a serious danger to public health, collaborative process of State and Federal agencies safety or welfare; and that any impacts to wetlands, and affected interests, and for which funding has been or threatened or endangered species, be avoided, approved and is available. Eminent Domain should minimized and mitigated. not be an option for the government to take land for a project that has not been through the full project Obtaining Funding development and approval process. In light of the amount of planning and time to complete enormous projects, stable and consistent Complexities of funding has always been a challenge. Most projects are Everglades Restoration to be funded in a cost-sharing partnership between the State of Florida and the Federal government. Funding What many do not recognize is that every plan is to be a 50-50 split but the Federal funding process and project must find its way through a bureaucratic is specific project based and Everglades projects are “Rubik’s Cube” of regulations and considerations. lumped into the many civil works projects around the This process adds years to projects and often billions country that are in urgent need of funding. While the of dollars to their cost. Projects must first negotiate a state can set up a recurring funding stream that adds minefield of regulatory consideration (both federal predictability to the planning and funding process, and state) to obtain “authorization.” Then, each project the Federal government cannot. For this reason, the must obtain funding, or “appropriation.”

BACKGROUNDER | Solving the Everglades Riddle Stormwater Treatment Areas Best Management Practices STAs and BMPs More than 90 percent (STAs): 57,000 acres of water (BMPs): Partnership with have removed more of Everglades water treatment south of Lake farmers; 56% average annual than 4,800 tons of quality restored south Okeechobee; removed 80 reduction in phosphorus over phosphorus from water of Lake Okeechobee percent of phosphorus in 201514 the past 20 years15 going to the Everglades16

federal funding to date has been significantly less than focus will be to mitigate the ongoing releases of water the state’s contributions towards CERP restoration from Lake Okeechobee into the St. Lucie Estuary. projects10. Everglades restoration efforts will remain a priority Over the decades, despite the billions of dollars that and because of the amount and long term commitment have been poured into efforts to restore the Everglades, of funding needed for these projects, this application of the widespread perception is that federal, state and/or Amendment 1 funds is a wise choice for the protection local funding has been slow, erratic, and rarely if ever, of Florida’s environmental future. enough. In 2014, Florida voters approved Amendment Progress and Priorities: 1, setting aside one-third of doc stamp revenue to “acquire, restore, improve, and manage conservation lands…including the Everglades…” In the 2015 Special Legislative Session, lawmakers allocated $81.8 million for Everglades restoration17. The Legislature also budgeted $55 million to purchase land, of which $20 million was designated toward improvements to the Kissimmee River (within the Lake Okeechobee Watershed), which ultimately drains into Lake Okeechobee18. Additional allocations included: • $17.4 million for the state's Florida Forever land acquisition program; • $15 million on protection easements and agreements on private land; • $47.5 million in funding for restoration of the state's natural springs.  BMPs used by agricultural corporations are

Some vocal environmental activists opposed these high-tech and highly efficient. In order to retain allocations and wanted the focus of spending to be on water and minimize fertilizer run-off, the first step acquiring more state-owned lands. However, the 2015 in crop preparation is to level the land using legislature’s decisions were in line with the requirements of Amendment 1. Its principled public policy stand computerized Wi-Fi lasers. These tractors pull laser was focused on making Florida a good and responsible devices to ensure the land is as level as possible. steward of its lands. But, that’s not the end of the story. Computer driven tractors then till and fertilize the The focus on allocations for restoration and government lands maintenance continued into the 2016 fields in preparation for planting. Byproducts from Florida Legislative Session. One of the highlights was a harvesting are recycled and used to replenish bill titled “Legacy Florida,” which the legislature passed nutrients to the muck soil in which they were grown and Gov. Rick Scott signed. This legislation will provide on-going stability toward Everglades restoration by or made into fuel to run the sugar mills. designating $200 million per year of Amendment 1 money to the restoration of the Everglades19. Its main

www.jamesmadison.org | 9 FEBRUARY 2016 INTEGRATED DELIVERY SCHEDULE (IDS) 2015 UPDATE

SYNCHRONIZING RESTORATION EFFORTS KISSIMMMEE RIVER HERBERT HOOVER DIKE ACHIEVING RESTORATION REHABILITATION . A formal re-evaluation of the Integrated Delivery Restores critical floodplain Rehabilitation of the dike RESTORATION BENEFITS Schedule (IDS) was completed in 2015. habitat and timing of flows to to reduce the risk of failure Lake Okeechobee of aging structure . The IDS provides the sequencing strategy for planning, The Draft 2015 IDS Update will: . Maximize holistic benefits to the designing and constructing federal projects cost-shared LAKE OKEECHOBEE WATERSHED AND ASR LAKE OKEECHOBEE REGULATION regional system as early as possible. with local sponsors as part of the South Florida SCHEDULE REVISION Provide water storage and . Ensure additional projects will be ready in order to Ecosystem Restoration Program, based on ecosystem treatment to regulate extreme Revision to the lake schedule lake levels; reduce phosphorus once sufficient rehabilitation of continue progress on Everglades restoration. needs, benefits, costs and available funding. loading to lake; and reduce the dike has been completed freshwater discharges to the . Remain consistent with project dependencies and . The IDS does not require an agency action or a decision east and west coast estuaries to support moving water south document, it is a tool that provides guidance to constraints. decision-makers for scheduling ,staffing and budgeting. CALOOSAHATCHEE LAGOON (IRL)- . It is a living document that is updated as needed to C-43 RESERVOIR SOUTH Helps to restore the natural Okeechobee reflect progress and/or program changes. flow of water to the Okeechobee Reduces and cleans freshwater Caloosahatchee River discharges from the watershed . The IDS synchronizes program and project priorities with to the St. Lucie Estuary the State of Florida and is needed to request required EAA STORAGE, ASR AND Lake funding to plan and build South Florida Ecosystem DECOMPARTMENTALIZATION 2 Okeechobee Restoration Program projects. The next increment of storage WATERSHED RESTORATION and treatment to reduce Lake freshwater discharges to east Tampa Okeechobee Re-connect and restore natural and west coast estuaries; and increase water availability areas in the headwaters and PROCESS improve water flow to the river for irrigation, the Everglades, Ft. Myers and Everglades . The IDS is required as part of the Comprehensive Agricultural Area WCA 1 Everglades Restoration Plan (CERP) Programmatic SEMINOLE BIG CYPRESS SITE 1 CRITICAL PROJECT Everglades Regulations. Ft. Myers Agricultural Rehydrate wetlands, improve WCA 2 . Regular updates to the IDS are required. Area WCA 1 Reduces seepage from water quality, and provide Loxahatchee Refuge PAST CURRENT FUTURE . The process involves consultation with the South Florida stormwater attenuation on the FLOW Seminole Tribe of Florida’s Big FLOW FLOW Ecosystem Restoration Task Force. Cypress Basin Reservation WCA 2 . Public workshops sponsored by South Florida Big Cypress WCA 3 BROWARD WATER Natural Preserve PRESERVE AREAS Ecosystem Restoration Task Force Working Group WESTERN EVERGLADES RESTORATION Improves water quality; STATUS engaged stakeholders during the development of reduces seepage loss from Alleviate over-drainage; central Everglades; increases . A formal re-evaluation of the Integrated Delivery the IDS. improve water storage and Big Cypress WCA 3 water supply; and reduces distribution to natural areas; Natural Preserve Schedule (IDS) was completed in 2015. and improve quality of water saltwater intrusion entering the central Everglades Biscayne Everglades Bay National CENTRAL EVERGLADES PATH FORWARD PICAYUNE STRAND Park PLANNING PROJECT (ENP) Reduces freshwater flow to the . The 2015 Integrated Delivery Schedule will be used to 55,000-acre habitat restoration Homestead in the Western Everglades east and west coast estuaries, and restores habitat and water guide planning, design and construction sequencing Everglades flow to the Everglades and and budgeting as Everglades restoration efforts move National Florida Bay TAMIAMI TRAIL BRIDGING Flamingo Biscayne forward. Bridging and roadway Park Bay Florida(ENP) Bay modifications to improve water Homestead flow to Everglades National Park COASTAL WETLANDS PROJECT PHASE 1 MODIFIED WATER DELIVERIES TO Restores the natural pattern of EVERGLADES NATIONAL PARK freshwater inflows to Restores water deliveries to Biscayne Bay Northeast Slough in Flamingo Key Largo Everglades National Park Florida Bay C-111 SPREADER CANAL C-111 SPREADER CANAL EASTERN AND BISCAYNE BAY C-111 SOUTH DADE WESTERN PROJECT COASTAL WETLANDS PHASE 2 Reduces water loss from Taylor The next phase of N Reduces water losses from ENP Slough and increases restoration to increase and improves freshwater flow freshwater flow to Florida Bay water flows to Biscayne Bay, to and Florida Bay and restore natural pattern of freshwater flow to wetlands NOT TO SCALE

LEGEND Non-CERP & Foundation Projects CERP Generation 1 (Authorized, PPA Executed) CERP Generation 2 (Authorized, PPA Needed) CERP Generation 3 (Requires Authorization) Planning Phase

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Everglades Improvement Here is a fact of which many are unaware: Significant Everglades Restoration: progress has been made already in restoring the Everglades. Four Factors of Progress Several factors contribute to this little reported story of success. Factor 1 Factor One: Water quality is vastly improved due to Best Management Practices have vastly improved the employment of Best Management Practices (BMPs) water quality by the agricultural community in the EAA and in the Kissimmee River Watershed. Factor 2 In 1994, the Florida Legislature passed the “Everglades Stormwater Treatment Areas have vastly improved Forever Act.” It mandated a 25 percent reduction in water quality phosphorus contained in waters flowing off of agricultural lands20. This mandate was especially aimed at the sugar Factor 3 cane industry. Often ignored is this impressive fact: for the Florida DEP has mapped out a working plan to restore twenty years since that mandate, the industry has greatly exceeded that requirement21. the Everglades The Act also imposed a regulatory framework that imposes a $25 per-acre per year tax, along with Factor 4 comprehensive water quality monitoring and reporting Florida lawmakers dedicated $200 million per year requirements. Every year since, farmers have paid that tax, in Amendment 1 funds toward projects in the contributing over $200 million toward protection of the Everglades ecosystem Everglades. Finally, every year since 1996, through the implementation

BACKGROUNDER | Solving the Everglades Riddle of Best Management Practices (BMPs), quality projects throughout the Everglades farmers in the EAA make a net contribution ecosystem. of 173 billion gallons of clean water to the Moreover, lawmakers are addressing the Funding Everglades ecosystem22. According to the need to better control the quantity of water Priorities for South Florida Water Management District through water storage projects. Projects Everglades (SFWMD), implementation of BMPs aimed at reducing discharges to the St. Lucie have resulted in an overall average annual and Caloosahatchee rivers are receiving Restoration phosphorus reduction of 56 percent – more special attention. Projects than twice the 25 percent required by law.23 Through Amendment 1, Florida now In August 2015, the SFWMD announced has a dedicated source of investment for Priority 1: Amendment 1 funding that more than 90 percent of the Everglades the next 20 years, estimated to provide in should continue to be used for met the stringent 10 parts per billion Water total as much as $20-22 billion. With such Everglades restoration efforts. Quality Standard. Great success has come funding in place, restoration projects can in part from the active role of the region’s be evaluated, prioritized, and implemented Priority 2: The public should farmers in protecting the environment and based on their ability to accomplish the be kept informed of taxpayer- improving water quality. desired result. funded projects for environmental Factor Two: Water quality has also The restoration of damaged ecosystems efforts such as restoring the been improved by the construction and in the Everglades deserves to be a priority. Everglades, through an easily use of Stormwater Treatment Areas While some extreme environmental activists (STAs). Some of these projects have been call for using Amendment 1 money solely accessible, monthly report posted in operation for more than 15 years and to buy more land, such a diversion would on the Florida Department of include as many acres as cities the size of Ft. be poor stewardship and an opportunity Environmental Protections website. Lauderdale -- and they are working. DEP wasted. More land acquisition requires closely monitors water quality data from the taxpayer dollars for both the purchase and Priority 3: Finish projects STAs. The agency reports that, since 1994, ongoing maintenance – and the government and plan new projects north of STAs have reduced phosphorous pollution already owns nearly 29 percent of all land in Lake Okeechobee under the by an additional 75 percent24. Such Florida for conservation purposes25. Basin Management Acton Plans strategies have led to a consistent downward (BMAPs) approved by the Florida trend of phosphorous further south in the Recommendations for Legislature. Everglades Protection Area (EPA). the Future Factor Three: Florida’s Department of Priority 4: Water quality Environmental Protection has mapped In light of the enormity of Everglades improvement projects must be out a 20-year plan to accomplish the task restoration and the matrix of multiple based on scientific data and of restoring the Everglades to a place projects at various stages of completion, it should should use a common where it will be a self-sustaining and is easy to get “lost in the weeds” of detail standard of comparison to healthy ecosystem. While adjustments are and miss the big picture. Here are a few accurately measure current levels sure to be made, the schedule for projects priorities, which, if kept in mind, can cut and the need for funding provides direction through the web of complexity and help of pollution and the degree of for the completion of future projects. keep focus where it should be. improvement projected for each Factor Four: During the 2016 Florida Priority 1: Amendment 1 funding proposed project. Legislative Session, lawmakers dedicated should continue to be used for Everglades $200 million per year of Amendment 1 restoration efforts. Predictable, stable, Priority 5: A study should be revenue toward projects in the Everglades recurring funds make long-range, conducted to determine the impact ecosystem. Policymakers recognize the expensive, complicated projects more of the regulatory releases of fresh opportunity of this dedicated, reliable realistic. The wording of Amendment 1 is water from Lake Okeechobee on stream of funding to provide the type of unambiguous and authorizes funding to be the St. Lucie and Caloosahatchee stability needed to initiate and complete directed toward Everglades restoration. The River estuaries, as well as the proper allocation of these funds will help projects of enormous magnitude. These impact from local runoff. funds qualify to be used to continue water restore precious state resources and retain Florida’s beauty.

www.jamesmadison.org | 11 Priority 2: The public restore the desired timing and distribution of water to should be kept informed of the Southern Everglades. taxpayer-funded projects For the Lake Okeechobee 5,000 square mile- for environmental efforts contributing basin, the St Lucie Estuary and the such as restoring the Caloosahatchee Estuary, the Governor’s Plan, the Everglades. Florida DEP Legislature’s Plan and the SFWMD Plan must be should produce and post on implemented in order to begin significant restoration its website an easy-to-find, of the Northern Everglades and Estuary Ecosystems. easy-to-understand report Funding needs to be appropriated by the legislature called, “This Month in the and the implementation of the planned and approved Everglades.” It would provide projects should be aggressively pursued. a regular status report as to Priority 4: Water quality improvement projects how taxpayer money is being must be based on scientific data and should use spent and with what impact. a common standard of comparison to accurately Priority 3: Finish projects measure current levels of pollution and the degree of and plan new projects north improvement projected for each proposed project. of Lake Okeechobee under Too often computer modeling and estimations are the Basin Management used to form assumptions with little to no scientific Action Plans (BMAPs) data. Reliance on scientific data will prevent wasting approved by the Florida millions of taxpayer dollars on theoretical projects that Legislature. Over the next might make little or no contribution toward solving the  Restoration of the 20 years, the focus should be problems at hand. on completing projects and Using a standard measure, such as cost per pound Everglades has been and restoring the water quality of pollution to be removed, would greatly assist BMAP continues to be a huge and managing water quantity committees in comparing the potential of project undertaking with many in Lake Okeechobee. The success or failure, not to mention measuring a project’s BMAP committees should “bang-for-the-buck.” moving parts. It is a challenge play a critical role in each Only then can projects be properly considered to which Florida will continue locality because problem to reduce pollution levels, realistically compare the solving should be pushed to potential effect of any proposed project, and more to respond. The efforts of the most local level. This is accurately estimate the cost to remove pollution or many are having measurable especially important in the mitigate its effects. positive impacts. With a regions north, east and west Priority 5: A study should be conducted to of Lake Okeechobee where determine the impact of the regulatory releases of reasonable time frame and current projects should be fresh water from Lake Okeechobee on the St. Lucie adequate funding, we can finished and new projects and Caloosahatchee River estuaries, as well as the accomplish even more. planned. impact from local runoff. The impact on marine Water Management life and aquatic plants due to the changes in salinity District leadership should be deserves attention. It would also be of benefit to study a participant in BMAPs and should not initiate separate potential catalysts, which might accelerate the recovery water quality improvement projects apart from the of these areas after a release. BMAP system. The BMAP local committee should be Even as of this writing, there are widespread algae the single voice for water quality improvement projects blooms in the St. Lucie estuary and along the coast. in order to create the most effective plan of action. Gov. Rick Scott has issued a state of emergency for Additionally, the current “Everglades Restoration Martin and St. Lucie counties. Tourism and small Strategies” plan needs to be fully built and implemented business is sure to be hurt by this latest event. Once to achieve the final 10 ppb standard in all Southern again, this highlights need for action. Everglades locations. The CEPP and Modified Water Delivery Projects must be built and implemented to

BACKGROUNDER | Solving the Everglades Riddle A Legacy Worth Protecting for future projects to see the Everglades restored and sustained. Policy direction involves a realistic examination of Restoration of the Everglades has been and continues both the status quo and our end goal. We cannot rewind to be a huge undertaking with many moving parts. It is history and undo man’s impact on the Everglades over a challenge to which Florida will continue to respond. the past 100 plus years. The important policy question The efforts of many are having measurable positive before us now is simply, what shall we do to restore impacts. With a reasonable time frame and adequate the ecosystem of the Everglades so that it becomes funding, we can accomplish even more. sustainable to the benefit of all? If scientists, legislators, policymakers, and private The 2016 Florida Legislative Session took some sector stakeholders use funds available through important steps toward that goal. Nevertheless, it Amendment 1 and continue to unite around the plans will take continued, objective, scientific examination already in place, it just might be said years from now, of projects already underway and prudent planning “They solved the riddle of Everglades restoration.”

References

1. Florida Department of Environmental Protection. (2009, February 11). 12. U.S. Army Corps of Engineers and U.S. Department of the Interior. History of the Everglades. Retrieved from http://www.dep.state.fl.us/ev- (2015). Report to Congress: Comprehensive Everglades Restoration. ergladesforever/about/default.htm Retrieved from http://www.evergladesrestoration.gov/content/cerpre- 2. Perny, T. (n.d.). Florida Agriculture Overview and Statistics (Florida De- ports/cerp_2015_rpt_to_congress.pdf partment of Agriculture and Consumer Services). Retrieved from http:// 13. Ibid. www.freshfromflorida.com/Divisions-Offices/Marketing-and-De- 14. South Florida Water Management District. (2016, January). Everglades velopment/Education/For-Researchers/Florida-Agriculture-Over- Restoration Progress. Retrieved from http://www.sfwmd.gov/portal/ view-and-Statistics page/portal/xrepository/sfwmd_repository_pdf/spl_everglades_prog- 3. South Florida Water Management District. (n.d.). Restoration Progress - ress.pdf Key Projects. Retrieved from www.sfwmd.gov/restorationprogress 15. South Florida Water Management District. (2015, December 23). Pre- 4. United States Army Corps of Engineers. (n.d.). About Herbert Hoover sentation: Past & Present Water Quality Conditions in the South Florida Dike. Retrieved from http://www.saj.usace.army.mil/Missions/Civil- Water Management District. Retrieved from http://my.sfwmd.gov/we- Works/LakeOkeechobee/HerbertHooverDike.aspx bapps/publicMeetings/viewFile/7580 5. Florida Department of Environmental Protection: Division of Environ- 16. South Florida Water Management District. (2016, January). Everglades mental Assessment and Restoration. (2013, May). Basin Management Restoration Progress. Retrieved from http://www.sfwmd.gov/portal/ Action Plan. Retrieved from http://dep.state.fl.us/water/watersheds/ page/portal/xrepository/sfwmd_repository_pdf/spl_everglades_prog- docs/bmap/stlucie-estuary-nutr-bmap.pdf ress.pdf 6. United States Geological Survey. (n.d.). Lake Okeechobee Watershed 17. S. 2500A, Florida. (2015) (enacted). Project. Retrieved from http://sofia.usgs.gov/projects/index.php?proj- 18. Ibid. ect_url=lakeokee 19. H. 989, Florida. (2016) (enacted). 7. H. 989, Florida. (2016) (enacted). 20. S. 626, Florida. (2003) (enacted). 8. Florida Natural Areas Inventory. (2016, February). Summary of 21. South Florida Water Management District. (2015, August). BMP Pro- Florida Conservation Lands. Retrieved from http://fnai.org/PDF/ gram Celebrates 20 Years of Success. Retrieved from http://www.sfw- Maacres_201602_FCL_plus_LTF.pdf md.gov/portal/page/portal/xweb%20protecting%20and%20restoring/ 9. University of Florida Water Institute. (2015, March). Options to Reduce best%20mangement%20practices High Volume Freshwater Flows to the St. Lucie and Caloosahatchee Es- 22. Ibid. tuaries and Move More Water from Lake Okeechobee to the Southern 23. Ibid. Everglades. Retrieved from https://www.flsenate.gov/UserContent/Top- 24. Florida Department of Environmental Protection. (n.d.). Everglades ics/WLC/UF-WaterInstituteFinalReportMarch2015.pdf Restoration. Retrieved from http://www.dep.state.fl.us/secretary/ever- 10. Stern, C. Congressional Research Service. (2014, November 18). Ever- glades/ glades Restoration: Federal Funding and Implementation Progress. Re- 25. Florida Natural Areas Inventory. (2016, February). Summary of trieved from http://nationalaglawcenter.org/wp-content/uploads/assets/ Florida Conservation Lands. Retrieved from http://fnai.org/PDF/ crs/R42007.pdf Maacres_201602_FCL_plus_LTF.pdf 11. South Florida Water Management District. (2016, January). Everglades Restoration Progress. Retrieved from http://www.sfwmd.gov/portal/ page/portal/xrepository/sfwmd_repository_pdf/spl_everglades_prog- ress.pdf

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BACKGROUNDER | Solving the Everglades Riddle