PERSPECTIVES

Commentary: State can take action to fix Caloosahatchee ills

By Gaylene Vasaturo
Naples/Retired U.S. EPA attorney
Gaylene Vasaturo
Naples
Retired U.S. EPA attorney

In a Naples Daily News article, the South Florida Water Management District (SFWMD) blamed the Endangered Species Act for the harmful discharges to the Caloosahatchee and St. Lucie rivers.

SFWMD laments that the act prevents it from releasing Lake Okeechobee’s polluted water south into the Everglades during rainy season to protect the endangered Cape Sable seaside sparrow. This sparrow is only found in South Florida and nests just 6 inches off the ground. Increased water discharges during rainy season would drown the chicks and eggs in a nest. SFWMD seeks changes to the act which, in effect, would eliminate protections for this sparrow.

Congress enacted the act in 1973 with bipartisan support. Congress recognized the importance of preventing extinction of native plants and animals, stating that our rich natural heritage is of “esthetic, ecological, educational, recreational and scientific value to our nation and its people.”
The 2016 election didn’t provide any mandate for gutting the act. Quite the opposite — Florida voters overwhelmingly supported preservation of our wildlife and their habitat. In 2014, 75 percent of Florida voters approved Amendment 1, which directed the state to dedicate funds to acquire and restore conservation lands. In 2016, Lee voters approved extending Conservation 20/20 to acquire and manage environmental lands.

Instead of calling for elimination of protections for the Cape Sable seaside sparrow and other endangered species, SFWMD and the state should look within.

The state has authority to take action that could significantly reduce excess nutrients (phosphorus and nitrogen) flowing into South Florida inland waters and Lake Okeechobee, yet it’s failed to seriously tackle the sources of excess nutrients flowing into these waters. Excess nutrients in storm water runoff from urban areas and farm fields are a major cause of the algal blooms and toxic algae that coated the Caloosahatchee and St. Lucie rivers this year.

The state can and should take administrative actions such as requiring better stormwater management and treatment, and developing regulations to protect waters flowing into South Florida from stormwater runoff. Currently the state requires the sources of nutrients in runoff to develop best management practices (BMPs) to reduce their contribution of nutrients. However, the algae problem in the Caloosahatchee and St. Lucie are testament to the fact that the BMPs are not effective enough. The state needs to improve and enforce BMPs. The state should also ensure that there are enforceable phosphorus and nitrogen limits in all point source discharge permits, such as permits for wastewater treatment plants.

Second, SFWMD should immediately begin planning for a large water storage reservoir south of Lake Okeechobee in the Everglades Agriculture Area (EAA). Sixteen years ago, the federal government and Florida signed the Comprehensive Everglades Restoration Plan (CERP) with bipartisan support. CERP called for construction of a reservoir in the EAA (60,000 acres), and the federal government agreed to fund 50 percent.

According to Eric Eikenberg, Everglades Foundation CEO: “The EAA reservoir is needed to store additional water from the lake so it can be slowly fed into the man-made wetlands. ... (The reservoir) will open a new outlet from Lake Okeechobee southward, allowing a dramatic reduction in damaging discharges to the St. Lucie and Caloosahatchee estuaries.” (Daily News, Nov. 19)

In the face of the massive algae problem in the Caloosahatchee and St. Lucie rivers, the Army Corps of Engineers is urging Florida to expedite the reservoir project. Yet, SFWMD states it cannot begin planning for the reservoir until 2021.

SFWMD should recommend the state immediately buy at least 60,000 acres south of Lake Okeechobee in the EAA for this reservoir. The state still has an option to buy EAA land, and Amendment 1 specifically provides funds for acquiring EAA land for restoring the Everglades. The reservoir project provides the best option to reduce releases of polluted water to the Caloosahatchee and St. Lucie rivers.

These actions, if taken by the state and SFWMD, would be a big step forward in addressing the Caloosahatchee ills. Using the federal Endangered Species Act as yet another excuse for state and SFWMD inaction on solving our water crisis is a disservice to all Florida citizens.