Everglades Ecosystem Restoration: A Watershed Approach by the Legislature

Simply put, the Everglades in Florida used to be much bigger and healthier, but human construction and development have damaged the ecosystem. A plan called the Comprehensive Everglades Restoration Plan (CERP) has been proposed to fix this by restoring the natural environment and water supply. It’s a big project involving many experts and a lot of money, but it’s necessary to protect the Everglades and Lake Okeechobee. The CERP is a response to the Central and Southern Florida Flood Control Project, a massive construction project that has caused a lot of damage to the environment. Now, efforts are being made to undo some of that damage and make things better for the wildlife and people who live in the area. For over 50 years, the C&SF Project has been important for South Florida, making it livable. But it has also unintentionally harmed the area’s ecosystems. The original Everglades area has been cut in half, and many bird populations have dropped by 90%. There’s also a lot of invasive plants that are destroying natural habitats. The South Florida Water Management District is working on programs to help protect the environment and manage the region’s water. The Comprehensive Everglades Restoration Plan (CERP) is a big project to help fix the Everglades ecosystem in Florida. It’s the most thorough plan to help the plants, animals, and water in the area. Congress approved the plan in 1992, and it involves many government agencies working together to make it happen. The goal is to find a balance between using water for people and farms, while also protecting the environment. It’s a huge project that will cost $8 billion and involve millions of people in south Florida. The Governor’s Commission for the Everglades, appointed by Governor Chiles, developed a plan for the CERP to address the problems facing South Florida. They made the public aware of the issues and the need for change. The CERP reviewed the C&SF Project to find problems and solutions, and their recommendations are in a big report called the Comprehensive Plan. To achieve the goals of the Comprehensive Everglades Restoration Plan (CERP), there are plans for big changes to the existing C&SF Project, including building new reservoirs and water treatment areas, acquiring a lot of land, and increasing water deliveries to the Everglades. There will also be efforts to remove barriers to natural water flow and reuse urban wastewater. In 1999, the Florida Legislature passed a law to guide the state’s participation in the CERP and ensure that all interests depending on the state’s water resources are considered. This law outlines a process for reviewing and approving each step of the restoration plan. The CERP Act gives the SFWMD the authority to oversee CERP projects with the help of the FDEP. They have to make sure the projects meet legal responsibilities, are feasible and cost-effective, and won’t harm water users or flood protection. The Act also makes sure that existing water and flood protection laws are still followed. It also says that the FDEP and SFWMD have to work quickly to get CERP projects approved by the government. The Everglades Restoration Investment Act was created to help restore the Everglades. It provides $100 million in state funding each year for the next 20 years, along with money from the South Florida Water Management District and other local groups. The Act says that the state and federal governments should work together to implement the restoration plan. It also highlights the importance of protecting water quality in the Everglades and reducing the loss of fresh water. The Act requires the South Florida Water Management District and the U.S. Army Corps of Engineers to complete a report for each project component, including its benefits and feasibility, and to identify the increase in water supplies resulting from the project. To pay for the Everglades restoration, the Everglades Act sets up the Save Our Everglades Trust Fund. It gets money from different sources, like state funds and interest on unspent money from the Preservation 2000 program. The Florida Department of Environmental Protection (FDEP) expects to spend about $23 million a year on buying land for the project.

The law also lets the FDEP ask for more money from other trust funds to add to the Everglades fund. Money from Congress, the Florida Legislature, and donations can also go into the fund. The South Florida Water Management District (SFWMD) can use the fund to buy land, as long as it’s on their approved list.

After 10 years, the money from the trust fund has to match what all the local sponsors have put in. This could be money or credit for work they’ve done on the project. The Everglades Act requires the SFWMD to submit an annual report about how they’re implementing the CERP. The report must include a breakdown of all the money spent on the project, what it was spent on, and what they plan to spend in the future. The FDEP also has to report on how they spent state funds for the project.

The Lake Okeechobee Protection Act is a program to restore and protect Lake Okeechobee and the waters around it. Three agencies are in charge of implementing the program. The program includes things like building stormwater treatment areas, monitoring water quality, and developing best practices for reducing pollution. The Lake Okeechobee Protection Plan, Construction Project, and Watershed Phosphorus Control Program are all aimed at reducing phosphorus levels in Lake Okeechobee and the surrounding areas to meet water quality standards. The Protection Plan will outline how these standards will be met, while the Construction Project involves building treatment areas to reduce phosphorus loads. The Watershed Phosphorus Control Program focuses on implementing best management practices for both agricultural and nonagricultural areas to control phosphorus levels. The SFWMD, FDEP, and DACS are working together on programs to protect Lake Okeechobee. They are studying and monitoring the water quality, controlling invasive species, and managing phosphorus levels in the lake. They have to submit an annual progress report to the government. Permits are also being established for structures that release water into the lake, to make sure they meet water quality standards. Lake Okeechobee is getting $38.5 million in funding to improve water quality. $15 million will be used for research and new measures to help the lake, and $23.5 million will go towards projects to control sources of pollution, restore wetlands, improve water control structures, and buy a stormwater treatment area. In order for the CERP (Comprehensive Everglades Restoration Plan) to be successful, it needs to be agreed upon by everyone and take into account different perspectives. It’s important to find a balance between providing water and flood protection for people and businesses, and restoring the Everglades. This process is important for the future of South Florida. John J. Fumero is a lawyer who represents the South Florida Water Management District. He deals with environmental issues and is involved in a few organizations related to land use and the environment. This column is written by the Environmental and Land Use Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/everglades-ecosystem-restoration-a-watershed-approach-by-the-legislature/