[House Hearing, 116 Congress]
[From the U.S. Government Publishing Office]
THE COMPREHENSIVE EVERGLADES RESTORATION PLAN AND WATER MANAGEMENT IN
FLORIDA
=======================================================================
(116-65)
REMOTE HEARING
BEFORE THE
SUBCOMMITTEE ON
WATER RESOURCES AND ENVIRONMENT
OF THE
COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 24, 2020
__________
Printed for the use of the
Committee on Transportation and Infrastructure
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online at: https://www.govinfo.gov/committee/house-
transportation?path=/browsecommittee/chamber/house/committee/
transportation
___________
U.S. GOVERNMENT PUBLISHING OFFICE
43-460 PDF WASHINGTON : 2021
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
PETER A. DeFAZIO, Oregon, Chair
SAM GRAVES, Missouri ELEANOR HOLMES NORTON,
DON YOUNG, Alaska District of Columbia
ERIC A. ``RICK'' CRAWFORD, Arkansas EDDIE BERNICE JOHNSON, Texas
BOB GIBBS, Ohio RICK LARSEN, Washington
DANIEL WEBSTER, Florida GRACE F. NAPOLITANO, California
THOMAS MASSIE, Kentucky DANIEL LIPINSKI, Illinois
SCOTT PERRY, Pennsylvania STEVE COHEN, Tennessee
RODNEY DAVIS, Illinois ALBIO SIRES, New Jersey
ROB WOODALL, Georgia JOHN GARAMENDI, California
JOHN KATKO, New York HENRY C. ``HANK'' JOHNSON, Jr.,
BRIAN BABIN, Texas Georgia
GARRET GRAVES, Louisiana ANDRE CARSON, Indiana
DAVID ROUZER, North Carolina DINA TITUS, Nevada
MIKE BOST, Illinois SEAN PATRICK MALONEY, New York
RANDY K. WEBER, Sr., Texas JARED HUFFMAN, California
DOUG LaMALFA, California JULIA BROWNLEY, California
BRUCE WESTERMAN, Arkansas FREDERICA S. WILSON, Florida
LLOYD SMUCKER, Pennsylvania DONALD M. PAYNE, Jr., New Jersey
PAUL MITCHELL, Michigan ALAN S. LOWENTHAL, California
BRIAN J. MAST, Florida MARK DeSAULNIER, California
MIKE GALLAGHER, Wisconsin STACEY E. PLASKETT, Virgin Islands
GARY J. PALMER, Alabama STEPHEN F. LYNCH, Massachusetts
BRIAN K. FITZPATRICK, Pennsylvania SALUD O. CARBAJAL, California,
JENNIFFER GONZALEZ-COLON, Vice Chair
Puerto Rico ANTHONY G. BROWN, Maryland
TROY BALDERSON, Ohio ADRIANO ESPAILLAT, New York
ROSS SPANO, Florida TOM MALINOWSKI, New Jersey
PETE STAUBER, Minnesota GREG STANTON, Arizona
CAROL D. MILLER, West Virginia DEBBIE MUCARSEL-POWELL, Florida
GREG PENCE, Indiana LIZZIE FLETCHER, Texas
MIKE GARCIA, California COLIN Z. ALLRED, Texas
SHARICE DAVIDS, Kansas
ABBY FINKENAUER, Iowa
JESUS G. ``CHUY'' GARCIA, Illinois
ANTONIO DELGADO, New York
CHRIS PAPPAS, New Hampshire
ANGIE CRAIG, Minnesota
HARLEY ROUDA, California
CONOR LAMB, Pennsylvania
Subcommittee on Water Resources and Environment
GRACE F. NAPOLITANO, California,
Chair
BRUCE WESTERMAN, Arkansas DEBBIE MUCARSEL-POWELL, Florida,
DANIEL WEBSTER, Florida Vice Chair
THOMAS MASSIE, Kentucky EDDIE BERNICE JOHNSON, Texas
ROB WOODALL, Georgia JOHN GARAMENDI, California
BRIAN BABIN, Texas JARED HUFFMAN, California
GARRET GRAVES, Louisiana ALAN S. LOWENTHAL, California
DAVID ROUZER, North Carolina SALUD O. CARBAJAL, California
MIKE BOST, Illinois ADRIANO ESPAILLAT, New York
RANDY K. WEBER, Sr., Texas LIZZIE FLETCHER, Texas
DOUG LaMALFA, California ABBY FINKENAUER, Iowa
BRIAN J. MAST, Florida ANTONIO DELGADO, New York
GARY J. PALMER, Alabama CHRIS PAPPAS, New Hampshire
JENNIFFER GONZALEZ-COLON, ANGIE CRAIG, Minnesota
Puerto Rico HARLEY ROUDA, California
SAM GRAVES, Missouri (Ex Officio) FREDERICA S. WILSON, Florida
STEPHEN F. LYNCH, Massachusetts
TOM MALINOWSKI, New Jersey
PETER A. DeFAZIO, Oregon (Ex
Officio)
CONTENTS
Page
Summary of Subject Matter........................................ vii
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Grace F. Napolitano, a Representative in Congress from the
State of California, and Chairwoman, Subcommittee on Water
Resources and Environment:
Opening statement............................................ 1
Prepared statement........................................... 3
Hon. Bruce Westerman, a Representative in Congress from the State
of Arkansas, and Ranking Member, Subcommittee on Water
Resources and Environment:
Opening statement............................................ 4
Prepared statement........................................... 5
Hon. Peter A. DeFazio, a Representative in Congress from the
State of Oregon, and Chairman, Committee on Transportation and
Infrastructure:
Opening statement............................................ 5
Prepared statement........................................... 6
Hon. Debbie Mucarsel-Powell, a Representative in Congress from
the State of Florida, and Vice Chair, Subcommittee on Water
Resources and Environment, prepared statement.................. 29
Hon. Eddie Bernice Johnson, a Representative in Congress from the
State of Texas, prepared statement............................. 33
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Ranking Member, Committee on Transportation and
Infrastructure, prepared statement............................. 49
WITNESSES
Noah Valenstein, Secretary, Florida Department of Environmental
Protection:
Oral statement............................................... 7
Prepared statement........................................... 9
Hon. Chauncey P. Goss II, Chairman, Governing Board, South
Florida Water Management District:
Oral statement............................................... 11
Prepared statement........................................... 12
Elizabeth Jolin, Owner, Bay and Reef Company of the Florida Keys:
Oral statement............................................... 14
Prepared statement........................................... 15
Gary Ritter, Assistant Director of Government and Community
Affairs, Florida Farm Bureau Federation:
Oral statement............................................... 16
Prepared statement........................................... 17
Shannon Estenoz, Chief Operating Officer and Vice President of
Policy and Public Affairs, The Everglades Foundation:
Oral statement............................................... 21
Prepared statement........................................... 22
SUBMISSIONS FOR THE RECORD
Slide submitted for the Record by Hon. Debbie Mucarsel-Powell.... 30
Submissions for the Record by Hon. Brian J. Mast:
Email of July 15, 2020, from Ryan Weston, Florida and Texas
Sugar Cane Growers......................................... 38
Bipartisan Agreement in Drafting the Water Resources
Development Act of 2020.................................... 38
Advisory, ``Recommended Human Health Recreational Ambient
Water Quality Criteria or Swimming Advisories for
Microcystins and Cylindrospermopsin,'' U.S. Environmental
Protection Agency, Office of Water, EPA 822-F-19-001, May
2019....................................................... 49
Hearing Transcript Excerpt, ``Water Resources Development
Acts: Status of Implementation and Assessing Future
Needs,'' July 10, 2019, Subcommittee on Water Resources and
Environment of the Committee on Transportation and
Infrastructure............................................. 52
Statement of Eve Samples, Executive Director, Friends of the
Everglades, Submitted for the Record by Hon. Grace F.
Napolitano..................................................... 44
Submissions for the Record by Hon. Bruce Westerman:
Letter of October 7, 2020, from Todd Hiteshew, Chair,
Southeast Florida Utilities Council........................ 55
Letter of October 7, 2020, from Keith A. James, Mayor, City
of West Palm Beach......................................... 56
Letter of Supplemental Testimony of October 2, 2020, from Gary J.
Ritter, Assistant Director of Government and Community Affairs,
Florida Farm Bureau Federation................................. 57
Letter of September 23, 2020, from the Energy Producing States
Coalition...................................................... 60
APPENDIX
Questions from Hon. Garret Graves to Hon. Chauncey P. Goss II,
Chairman, Governing Board, South Florida Water Management
District....................................................... 61
Questions from Hon. Garret Graves to Shannon Estenoz, Chief
Operating Officer and Vice President of Policy and Public
Affairs, The Everglades Foundation............................. 62
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 21, 2020
SUMMARY OF SUBJECT MATTER
TO: LMembers, Subcommittee on Water Resources and
Environment
FROM: LStaff, Subcommittee on Water Resources and
Environment
RE: LSubcommittee Hearing on ``The Comprehensive
Everglades Restoration Plan and Water Management in Florida''
_______________________________________________________________________
PURPOSE
The Subcommittee on Water Resources and Environment will
meet in open session on Thursday, September 24, 2020, at 11:00
a.m. in the Rayburn House Office Building, Room 2167, and by
video conferencing via Cisco Webex, to receive testimony on
``The Comprehensive Everglades Restoration Plan and Water
Management in Florida.'' The purpose of this hearing is to
examine various perspectives on water management and operations
as part of the Comprehensive Everglades Restoration Plan
(CERP), as well as current challenges to the system including
water quality, cyanobacteria blooms, and impacts to the
Everglades National Park and the Florida Bay estuary.
BACKGROUND
COMPREHENSIVE EVERGLADES RESTORATION PLAN (CERP)
The Comprehensive Everglades Restoration Plan (CERP) was
enacted into law as part of the Water Resources Development Act
(WRDA) of 2000 (P.L. 106-541). CERP is the largest ecosystem
restoration project in the Nation, covering 16 counties over an
18,000 square mile area in Central and South Florida.\1\ CERP
serves as the framework for the State and Federal partnership
in restoring the Everglades while enhancing water supplies and
maintaining flood mitigation. This is done through a series of
operational changes and projects that improve the timing,
distribution, quantity, and quality of the water delivery to
the Florida Everglades, including flows from Lake Okeechobee
(see Figure 1).
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\1\ https://www.saj.usace.army.mil/Missions/Environmental/
Ecosystem-Restoration/Integrated-Delivery-Schedule/.
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FIGURE 1: HISTORIC AND RESTORED WATER FLOW RELATED TO FLORIDA
EVERGLADES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Figure 1: Water flow in the Everglades under (a) historical conditions,
(b) current conditions, and (c) conditions envisioned upon completion
of the Comprehensive Everglades Restoration Plan (CERP).
SOURCE: Graphics provided by USACE, Jacksonville District (reproduced
from National Research Council, ``Progress Toward Restoring The
Everglades: The Fifth Biennial Review (2014)'' \2\
Originally,\ \ CERP was intended to include 60 projects to
be completed over 30 years.\3\ Each of those projects must be
studied by the U.S. Army Corps of Engineers (USACE or ``the
Corps'') before being submitted to Congress for authorization.
The Integrated Delivery Schedule \4\ outlines the sequencing
strategy for planning, design, and construction of CERP
projects. The Corps is the Federal agency for CERP projects,
and the South Florida Water Management District (SFWMD) is the
non-Federal sponsor for the State.\5\ CERP projects are cost
shared at 50-50 with the Federal government and the SFWMD.
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\2\ https://www.nap.edu/catalog/18809/progress-toward-restoring-
the-everglades-the-fifth-biennial-review-2014.
\3\ https://www.crs.gov/reports/pdf/IF11336.
\4\ https://usace.contentdm.oclc.org/utils/getfile/collection/
p16021coll11/id/4143.
\5\ The Department of the Interior (DOI) also has several important
responsibilities in the management, restoration, and preservation of
the Everglades, including as the lead federal agency for the Modified
Water Deliveries (MWD) project. The National Park Service (NPS), Office
of Everglades Restoration Initiatives, Fish and Wildlife Service (FWS),
and U.S. Geological Survey (USGS) all participate. The Secretary of the
Interior is also Chair of the South Florida Ecosystem Restoration Task
Force.
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Since the passage of CERP in 2000, nine non-pilot CERP
projects have been Congressionally authorized and are awaiting
construction, are in construction, or are completed. While some
project benefits like ecosystem restoration have been realized,
significant progress on long-term restoration goals for the
Florida Everglades is far from complete. Table 1 below provides
the status of CERP projects.
Table 1. Status of Recent CERP Projects \6\
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\6\ https://www.crs.gov/reports/pdf/IF11336.
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Construction
Project Name Authorization Status
------------------------------------------------------------------------
Site 1 Impoundment.............. WRDA 2007......... Phase 1 completed
Phase II on hold
Picayune Strand................. WRDA 2007......... Under construction
Indian River Lagoon-South....... WRDA 2007......... Under construction
C-43 West Storage Basin......... WRRDA 2014........ Under construction
C-111 Spreader Canal............ WRRDA 2014........ Complete
Broward County Water Preserve WRRDA 2014........ Under construction
Areas.
Biscayne Bay Coastal Wetlands... WRRDA 2014........ Under construction
Central Everglades Planning WRDA 2016......... Under construction
Project.
Everglades Agricultural Area A-2 WRDA 2018......... Awaiting
Reservoir Storage. construction
Loxahatchee River Watershed Awaiting Study completed
Project. authorization.
Western Everglades Restoration Awaiting Study in progress
Project. authorization.
Lake Okeechobee Watershed Awaiting Study in progress
Project. authorization.
------------------------------------------------------------------------
CENTRAL EVERGLADES PLANNING PROJECT (CEPP)
A significant milestone for CERP is the authorization of
the Central Everglades Planning Project (CEPP) as part of WRDA
2016 (P.L. 115-270). CEPP combines key CERP components into a
comprehensive project that includes water storage, conveyance,
and decompartmentalization in the heart of the Everglades. As a
result, CEPP focuses on restoring the historic flows from Lake
Okeechobee south to the Central Everglades Ecosystem--achieving
a principal goal of the CERP while also helping limit releases
to northern estuaries around Lake Okeechobee.
CERP, CEPP, AND THE WATER RESOURCES DEVELOPMENT ACT (WRDA) OF 2020
On July 13, 2020, Chair Peter A. DeFazio (D-OR), Ranking
Member Sam Graves (R-MO), Subcommittee on Water Resources and
Environment Chair Grace F. Napolitano (D-CA), and Subcommittee
on Water Resources and Environment Ranking Member Bruce
Westerman (R-AR), introduced H.R. 7575, the Water Resources
Development Act of 2020, to authorize projects and studies for
the Corps. H.R. 7575 passed the Committee by voice vote on July
24, 2020, and passed the U.S. House of Representatives on
suspension on July 29, 2020. H.R. 7575 includes several
provisions that authorize new projects, amend existing
projects, and clarify congressional intent for projects related
to the restoration of the Florida Everglades.
LSection 202(b)(4) expedites completion of a post-
authorization change report for the Comprehensive Everglades
Restoration Plan, Caloosahatchee River C-43, West Basin Storage
22 Reservoir, Florida.
LSection 321 clarifies that the Corps is directed
to carry out the Everglades Agricultural Area modification
(authorized in WRDA 2018) as part of the ongoing Central
Everglades Planning Project.
LSection 401(5) authorizes the Chief's Report for
the Comprehensive Everglades Restoration Plan, Loxahatchee
River Watershed Restoration Project, Martin and Palm Beach
Counties, Florida.
FLORIDA WATER MANAGEMENT
The State of Florida experiences periods of extremely wet
and extremely dry conditions. The Corps is required to operate
Lake Okeechobee under these conditions, and to balance the
authorized purposes of flood control, water supply, and
ecosystem restoration.
DRY SEASON AND IMPACTS TO INDUSTRY AND ECOSYSTEM
Florida's dry season typically occurs from November to
April. This year, March was the driest month with an average of
just 0.24 inches of rain--the driest in the 89 years of
record.\7\ Rainfall in May and June, however, eliminated
drought conditions across the State. Thus far this year, there
have been no significant Lake Okeechobee operational impacts on
water management objectives around the region. Droughts,
however, do occur and can significantly impact water management
across various industries and communities across the State, the
Everglades National Park, and further south to Florida Bay.
---------------------------------------------------------------------------
\7\ https://www.sfwmd.gov/weather-radar/rainfall-historical/
monthly.
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In the 2014-2015 water year, Florida experienced prolonged
dry conditions. This impacted water supplies for cities and
municipalities, and the water supply for a multi-billion dollar
agricultural industry.\8\ Farther south, the Florida Bay
ecosystem, which makes up one third of the Everglades National
Park, depends on freshwater inputs coming equally from rainfall
and historic overland flows and runoff.\9\ In 2015, the State
experienced a large-scale, rapid 40,000-acre seagrass die-off
in the Florida Bay ecosystem.\10\ The die-off was abetted by
the dry hydrologic conditions--the region only received half of
the annual expected rainfall--coupled with the physical
challenges of insufficient water being able to flow south
through the Everglades system.
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\8\ https://floridastorms.org/2015/07/10/extreme-drought-declared-
in-south-florida/.
\9\ https://www.sfwmd.gov/sites/default/files/documents/
graphic_florida_bay_drought_2014-2015.pdf.
\10\ https://www.nps.gov/ever/learn/nature/upload/seagrass-
Dieoff_final_web_hi_res.pdf.
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HIGH WATER OPERATIONS AND BLUE-GREEN ALGAE IN FLORIDA
Florida's wet season typically occurs from May to October
each year, and averages 54 inches of precipitation
annually.\11\ Along with seasonal precipitation, Florida also
experiences high volume water events like hurricanes and
tropical storms. In high water events, the Corps works to lower
water levels in Lake Okeechobee for flood control purposes
through discharges, often west to the Caloosahatchee Canal, or
east to the St. Lucie Canal. The Corps discharges water from
the lake to also protect the structural integrity of the
Herbert Hoover Dike--a 143-mile earthen dam that surrounds Lake
Okeechobee to provide flood protection.\12\
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\11\ https://statesummaries.ncics.org/chapter/fl/.
\12\ Since 2001, the Corps has invested over $900 million to
rehabilitate the Herbert Hoover Dike to reduce flooding impacts, as a
result of high lake levels, for a large area of South Florida.
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These discharges, however, can impact water quality on the
lake, and create conflict between the often-overlapping Federal
and State authorities and responsibilities for water management
within Florida. For example, water quality and nutrient
discharges are regulated by the State of Florida, while
operation of the lake is a Federal Corps function. An example
of when these two distinct authorities come to a head is when
cyanobacteria is then spread into rivers, canals, and estuaries
south and east of the lake.
Cyanobacteria are microscopic organisms that live in water,
feed off sunlight, and multiply quickly. Also known as blue-
green algae, or harmful algal blooms, they look like foam,
scum, or thick coverings on water. They can be extremely
harmful to humans, animals, and the environment. Blue-green
algae blooms form as a result of an excess of nutrients such as
nitrogen and phosphorus being present in water. These algal
blooms usually form after stormwater from heavy rains wash
contaminants in wastewater, urban runoff, and agricultural
fertilizers into waterways. These blooms have occurred across
the country, including recently in California, Ohio, New
Jersey, and in Lake Okeechobee, Florida.\13\
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\13\ https://www.usgs.gov/search-map?search=cyanobacteria.
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The Corps currently operates the authorized purposes of
Lake Okeechobee under its Lake Okeechobee Regulation Schedule
(LORS)--established in 2007 to manage water volumes within, and
flows out of, the lake.\14\ In WRDA 2018 (P.L. 115-270),
Congress directed the Corps to complete a replacement to LORS,
called the Lake Okeechobee System Operating Manual (LOSOM), in
conjunction with the completion of the Herbert Hoover Dike
rehabilitation project. LOSOM is currently under review by the
Corps.
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\14\ https://www.saj.usace.army.mil/Portals/44/docs/h2omgmt/
LORSdocs/2008_LORS_WCP_mar2008.pdf.
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In 2018, blue-green algae blooms in Florida led to severe
human health issues. This was coupled with a devastating red
tide outbreak along the State's beaches that led to marine life
die-off.\15\ As a result, the Corps proposed a deviation to
LORS that would provide greater flexibility in the management
of water to reduce the health risk associated with blue-green
algae blooms.\16\ Blue-green algae have been detected in Lake
Okeechobee this year, although no major algae releases
occurred, partly as a result of reduced water discharges from
the lake due to low Lake Okeechobee water levels.\17\
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\15\ ``Red tide'' is caused by karenia brevis, a type of algae that
produces neurotoxins and the bloom of algae often turns the water red.
\16\ https://usace.contentdm.oclc.org/utils/getfile/collection/
p16021coll7/id/14715.
\17\ http://w3.saj.usace.army.mil/h2o/currentLL.shtml.
---------------------------------------------------------------------------
WITNESSES
LNoah Valenstein, Secretary, Florida Department of
Environmental Protection
LThe Honorable Chauncey P. Goss II, Chairman,
South Florida Water Management District Governing Board
LElizabeth Jolin, Captain, The Bay and Reef
Company of the Florida Keys
LGary Ritter, Assistant Director of Government and
Community Affairs, Florida Farm Bureau Federation
LShannon Estenoz, Vice President of Policy and
Public Affairs, The Everglades Foundation
THE COMPREHENSIVE EVERGLADES RESTORATION PLAN AND WATER MANAGEMENT IN
FLORIDA
----------
THURSDAY, SEPTEMBER 24, 2020
House of Representatives,
Subcommittee on Water Resources
and Environment,
Committee on Transportation and Infrastructure,
Washington, DC.
The subcommittee met, pursuant to call, at 10:59 a.m., in
room 2167 Rayburn House Office Building and via Cisco Webex,
Hon. Grace F. Napolitano (Chairwoman of the subcommittee)
presiding.
Mrs. Napolitano. Good morning. I call this hearing to
order. Today's hearing focuses on the Comprehensive Everglades
Restoration Plan, or better known as CERP, and will explore
some of the long-term challenges in achieving the goals of the
CERP.
Let me begin by asking unanimous consent that the chair be
authorized to declare recesses during the hearing.
Without objection, so ordered.
I also ask unanimous consent that the committee members not
on the subcommittee be permitted to sit with the subcommittee
at today's hearing, and ask questions.
And, without objection, so ordered.
As this is a hybrid hearing, I want to remind Members of
the key regulations from the House Committee on Rules to ensure
that this hearing goes smoothly.
Members must be visible on screen for purposes of
identification when joining the hearing. Members must also
continue to use the video function of today's software
platform, Cisco Webex, for the remainder of the time they are
attending this hearing, unless experiencing connectivity issues
or other technical problems.
If a Member is experiencing connectivity issues or other
technical problems, please inform committee staff as soon as
possible, so you can receive assistance. A chat function is
available for Members on the Cisco Webex platform for this
purpose. Members can also call the committee's main phone line
at (202) 225-4472 for technical assistance by phone. That is
(202) 225-4472.
Members may not also participate remotely in any other
proceeding that may be occurring simultaneously.
It is the responsibility of each Member seeking recognition
to unmute their microphone prior to speaking. To avoid any
inadvertent background noise, I request that every Member keep
their microphone muted when not seeking recognition to speak.
Should I hear any inadvertent background noise, I will request
that that Member please mute their microphone.
Finally, despite this being a hybrid hearing, I want to
emphasize that all the standard rules of decorum apply. As the
chair of today's hearing, I will make a good faith effort to
provide every Member experiencing connectivity issues an
opportunity to participate fully in the proceedings.
Members will have the standard 5 minutes to ask questions.
To insert a document into the record, please have your
staff email it to the committee clerk, Mike Twinchek.
This hearing is also being livestreamed for the public to
view.
Starting with an opening statement, as many Floridians
already know, the word ``Okeechobee'' in the Seminole language
means ``big water.'' Today we will be discussing the progress
that has been made with the Federal, the State, the local, and
nongovernment partners in the restoration of one of our
Nation's ecological treasures, the Florida Everglades, since
the enactment of the Comprehensive Everglades Restoration
Program in 2000.
We will hear from Members and stakeholders on what has been
accomplished, and what is left to do. Key to the discussion,
and at the heart of this ecosystem and project, is waterflows
in and out of Lake Okeechobee.
As a Californian, I am well aware of the challenges of
managing the water systems for important but sometimes
conflicting demands. Like Florida, California has wet seasons
and dry seasons, mostly dry, and the management of water,
including its timing, quality, and quantity, is important to
the health of the ecosystem and to the economy.
In meeting their often competing responsibilities for water
management in the State of Florida, the Army Corps of
Engineers, or Corps, must balance the flood control, the
environmental restoration, the water supply, and other
authorized purposes during both wet and dry seasons.
When faced with too much water, the Corps seeks to manage
the system to avoid flood events, and that would impact Florida
communities by releasing water east and west from Lake
Okeechobee, because the mechanisms to hold or send more water
south are incomplete.
This can lead to challenges like harmful algae blooms in
the St. Lucie Canal, or to avoid dumping too much water to meet
the community's water supply obligations within the State.
Dry events can lead to not enough water heading south,
including to the Everglades National Park and the Florida Bay.
Five years ago, an extremely dry season and less water south
contributed to the massive 40,000-acre seagrass die-off in the
Florida Bay. The system is only now rebounding after 5 years.
Vice Chair Mucarsel-Powell has already proven a tireless
leader for the restoration of the Everglades and for the health
of the Florida Bay.
Thank you, Debbie, for hosting us last year in Islamorada,
a great trip, where we were able to tour and see firsthand the
work that has been done in the Everglades system.
Twenty years ago, this committee gave the Corps a massive
responsibility to try and restore the historic ``River of
Grass'' that stretched from Lake Okeechobee to the southern tip
of the State, and to do so within the context of a modern,
economically vibrant, and diverse State of Florida.
There have been many successes and a few setbacks along the
way, but the goal of a comprehensive restoration of the Florida
Everglades remains as important to the State as it ever has
been. Today's conversation looks at this history, where things
have gone well, and the work that remains to be done. We must
continue to look for solutions to protect this natural
ecological treasure.
Thank you to our witnesses for being here today, albeit
virtually, on this very important issue. And I look forward to
your testimony.
[Mrs. Napolitano's prepared statement follows:]
Prepared Statement of Hon. Grace F. Napolitano, a Representative in
Congress from the State of California, and Chairwoman, Subcommittee on
Water Resources and Environment
As many Floridians already know, the word ``Okeechobee'' in the
Seminole language means ``Big Water.'' Today we will be discussing the
progress that has been made with federal, state, local, and non-
governmental partners in the restoration of one of our national
ecological treasures, the Florida Everglades, since enactment of the
Comprehensive Everglades Restoration Program in 2000.
We will hear from Members and stakeholders on what has been
accomplished and what is left to do. Key to this discussion, and at the
heart of this ecosystem and project, is water flows into and out of
Lake Okeechobee.
As a Californian, I am well aware of the challenges of managing a
water system for important but sometimes conflicting demands. Like
Florida, California has wet seasons and dry seasons, and the management
of water, including its timing, quantity, and quality is important to
the health of the ecosystem, and the economy.
In meeting their often-competing responsibilities for water
management in the State of Florida, the Army Corps of Engineers must
balance the flood control, environmental restoration, water supply, and
other authorized purposes during both wet and dry seasons.
When faced with too much water, the Corps seeks to manage the
system to avoid flood events that would impact Florida communities by
releasing water east and west from Lake Okeechobee, because the
mechanisms to hold or send more water south, is incomplete. This can
lead to challenges like harmful algal blooms in the St. Lucie Canal, or
to avoid dumping too much water to meet its water supply obligations
within the State.
Dry events can lead to not enough water heading south, including to
the Everglades National Park and the Florida Bay. Five years ago, an
extremely dry season and less water south contributed to the massive
40,000-acre sea grass die off in the Florida Bay. The system is only
now rebounding after five years.
Vice Chair Mucarsel-Powell is an already proven and tireless leader
for the restoration of the Everglades and for the health of the Florida
Bay. Thank you, Debbie for hosting us last year in Islamorada, where we
were able to tour and see firsthand the work that has been done in the
Everglades System.
Twenty years ago, this Committee gave the Corps a massive
responsibility to try and restore the historic ``River of Grass'' that
stretched from Lake Okeechobee to the southern tip of the State, and to
do so within the context of a modern, economically-vibrant, and diverse
State of Florida.
There have been many successes, and a few setbacks along the way,
but the goal of a comprehensive restoration of the Florida Everglades
remains as important to the State as it ever has been. Today's
conversation looks at this history, where things have gone well, and
the work that remains. We must continue to look for solutions to
protect this national ecological treasure.
Thank you to our witnesses for being here today, albeit virtually,
on this very important issue. I look forward to your testimony.
Mrs. Napolitano. And at this time I am pleased to yield to
my colleague, my friend, the ranking member of the
subcommittee, Mr. Westerman, for his thoughts.
Mr. Westerman. Good morning, Chairwoman Napolitano. It is
good to see you. It is not the same as having you here on the
dais. I can tell you there are not as many candies and goodies
floating around on the dais without you here. But nonetheless,
it is good to see you on screen. And thank you for holding this
important hearing.
And thank you to our witnesses for Zooming--I think that is
an acceptable word in today's world--to discuss the water
management and environmental restoration activities of the Army
Corps of Engineers in Florida.
Florida, like many other States across the country, faces
unique challenges with regards to water management, water
quality, including harmful algal blooms, and environmental
restoration efforts. To address these challenges, this
committee authorized the Comprehensive Everglades Restoration
Plan, or CERP, 20 years ago as part of the Water Resources
Development Act of 2000. It served as the largest ecosystem
restoration project in the Nation, covering 16 counties over an
18,000-square-mile area in central and south Florida.
The CERP framework seeks to restore the Everglades while
balancing water supply and flood mitigation for communities and
stakeholders throughout the State. Individual CERP projects,
working as part of a system, govern the timing, distribution,
quantity, and quality of the water around central and south
Florida, including from Lake Okeechobee. This is an immense and
complex undertaking. Twenty years later, nine projects have
been congressionally authorized, with more on the way.
After 20 years, it seems appropriate that we look back and
examine the progress made thus far, hear from key stakeholders,
and evaluate future challenges and solutions.
Additionally, H.R. 7575, or WRDA 2020, was passed out of
committee in July, and passed the House of Representatives on
suspension later that month. There are several provisions
included in this bill that authorize new projects, amend
existing projects, and clarify congressional intent for
projects related to water management and restoration of the
Florida Everglades. It is my hope we finalize this bill and
send it to the President's desk this year.
Finally, I want to acknowledge the hard work of
Representative Brian Mast, whose district has been severely
impacted by harmful algal blooms. I also want to acknowledge
Representatives Webster and Spano for their work on behalf of
their constituents in addressing water management issues in
Florida.
I look forward to hearing constructive ideas from our
witnesses today on addressing Florida's water resources and
infrastructure needs, and I yield back.
[Mr. Westerman's prepared statement follows:]
Prepared Statement of Hon. Bruce Westerman, a Representative in
Congress from the State of Arkansas, and Ranking Member, Subcommittee
on Water Resources and Environment
Thank you, Chairwoman Napolitano, for holding this important
hearing, and thank you to our witnesses for being here today to discuss
the water management and environmental restoration activities of the
Army Corps of Engineers in Florida.
Florida, like many other states across the country, faces unique
challenges with regards to water management, environmental restoration
efforts, and water quality--including harmful algal blooms. To address
these challenges, this Committee authorized the Comprehensive
Everglades Restoration Plan (or CERP) 20 years ago as part of the Water
Resources Development Act (WRDA) of 2000.
CERP is the largest ecosystem restoration project in the Nation,
covering 16 counties over an 18,000 square mile area in Central and
South Florida. The CERP framework seeks to restore the Everglades while
balancing water supply and flood mitigation for communities and
stakeholders throughout the state. Individual CERP projects, working as
part of a system, govern the timing, distribution, quantity, and
quality of the water around central and south Florida, including from
Lake Okeechobee. This is an immense and complex undertaking. Twenty
years later, nine projects have been Congressionally authorized with
more on the way.
After 20 years, it seems appropriate that we look back and examine
the progress made thus far, hear from key stakeholders, and evaluate
future challenges and solutions.
Additionally, H.R. 7575, or WRDA 2020, was passed out of Committee
in July, and passed the House of Representatives on suspension later
that month. There are several provisions included in this bill that
authorize new projects, amend existing projects, and clarify
Congressional intent for projects related to water management and
restoration of the Florida Everglades. It is my hope we finalize this
bill and send it to the President's desk this year.
Finally, I want to acknowledge the hard work of Representative
Brian Mast, whose district has been severely impacted by harmful algal
blooms. I also want to acknowledge Representatives Webster and Spano
for their work on behalf of their constituents in addressing water
management issues in Florida.
I look forward to hearing constructive ideas from our witnesses
today on addressing Florida's water resources infrastructure needs.
Mrs. Napolitano. Is Mr. DeFazio present?
Mr. DeFazio. I am present. Can't you see me?
Mrs. Napolitano. Mr. DeFazio, you have 5 minutes, sir.
Thank you.
Mr. DeFazio. Thank you. I am here physically, I guess not
virtually. Thank you, Chair Napolitano, for convening this
important hearing.
And I would also like to recognize the tremendous
contributions of our subcommittee vice chair, Ms. Mucarsel-
Powell, her tireless work and leadership on the ecological
restoration of the Everglades and the Florida Bay.
I visited several times. They were all--twice when I was on
the Natural Resources Committee--focused on the Everglades
themselves. And once when I was the ranking Democrat on the
Highways and Transit Subcommittee about 10 years ago, when we
were examining issues regarding infrastructure that needed to
be modified and relocated. So I am quite familiar with the
problems there.
We have been trying for quite some time to move this
forward in a major way to restore the greatest, most diverse,
ecological wetland system in the world, in my opinion.
Many, many years ago on the Natural Resources Committee, we
passed legislation that we thought by now would be
significantly implemented, and the Everglades would be on their
way back to pristine health. Unfortunately, that is not the
case. There is still much to be done.
The Corps of Engineers, Department of the Interior, and the
State of Florida have a lot more to do to restore it. And the
Comprehensive Everglades Restoration Plan is, at this point,
just a promise, and not yet fulfilled.
H.R. 7575, this year's Water Resources Development Act of
2020, will continue the work on Florida water, and in restoring
the Everglades, particularly at the urging of Representative
Mucarsel-Powell, with several CERP projects included in the
legislation. I am proud of the bipartisan work that was done on
WRDA 2020. It was unanimously approved by the House in July. I
am not aware of another major significant bill of substance
that has passed this House in this acrimonious atmosphere
unanimously. I think Members from every district recognized the
need for these investments.
I particularly want to thank Representative Sam Graves for
his help with that, and we are attempting to work our way
through the Senate at this point in time. The Senate doesn't do
much except confirm judges these days, but we have some hope
that we can get the WRDA bill done, hopefully even before
Congress adjourns for the election. If not then, certainly in
the lameduck session.
With that, I look forward to hearing from the witnesses and
I yield back the balance of my time.
[Mr. DeFazio's prepared statement follows:]
Prepared Statement of Hon. Peter A. DeFazio, a Representative in
Congress from the State of Oregon, and Chair, Committee on
Transportation and Infrastructure
Thank you, Chairwoman Napolitano, for convening today's hearing on
Florida water. I would also like to recognize Subcommittee Vice Chair
Mucarsel-Powell's tireless work and leadership on ecological
restoration of the Everglades and the Florida Bay.
Congress established the Everglades National Park in 1934, which
largely encompasses the South Florida ecosystem. It was clear then as
it is now that few other places in the country and in the world could
rival the Everglades in its ecological diversity and natural splendor.
Tribal communities, like the Miccosukee Tribe and the Seminole Tribe
have called this region home for hundreds, if not thousands of years.
It remains one of the largest wetlands in the world, even at half
of its historical size. But decades of land use changes and
developments have imperiled the fragile landscape, and Congress acted
to restore the Everglades.
Everglades restoration is an important issue to this Committee, and
something I spent countless hours discussing as a Member of the Natural
Resources Committee. Those discussions cleared the way for the critical
Modified Water Deliveries Project--a partnership between the U.S. Army
Corps of Engineers (Corps) and the U.S. Department of the Interior
which allowed for more water to move from Lake Okeechobee south to the
Everglades National Park. The ``Mod Waters'' project also required
raising the Tamiami trail and other efforts to restore the historic
``River of Grass.''
But these projects only matter if water, and clean water, flows
from Lake Okeechobee through projects authorized as part of the Corps
and the State of Florida's Comprehensive Everglades Restoration Plan
(CERP). Here we are, 20 years in and much more needs to be done.
H.R. 7575, the Water Resources Development Act of 2020, continues
the work on Florida water and in restoring the Everglades, with several
CERP projects included in the legislation. I am proud of the bipartisan
work on WRDA 2020, which was unanimously approved by the House at the
end of July.
Ranking Member Graves and I are actively working with our
colleagues in the Senate on a path forward on enactment of this
important legislation. I remain committed to the enactment of WRDA on a
two-year cycle and look forward to resolving our differences with the
Senate as soon as possible.
Mrs. Napolitano. If Mr. Graves is available, Sam Graves--he
is not?
OK, we will proceed to hearing from our witnesses, who will
testify.
And thank you for being here. To all of you, welcome. On
the panel we have Noah Valenstein, secretary, Florida
Department of Environmental Protection; the Honorable Chauncey
P. Goss II, chairman, South Florida Water Management District's
Governing Board; Elizabeth Jolin, captain, the Bay and Reef
Company of the Florida Keys; Gary Ritter, assistant director of
government and community affairs, Florida Farm Bureau
Federation; and Shannon Estenoz, vice president of policy and
public affairs, The Everglades Foundation.
Without objection, your prepared statements will be entered
into the record, and all witnesses are asked to limit their
remarks to 5 minutes. Thank you.
Now I will proceed to recognize Secretary Valenstein.
You may proceed.
TESTIMONY OF NOAH VALENSTEIN, SECRETARY, FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION; HON. CHAUNCEY P. GOSS II, CHAIRMAN,
GOVERNING BOARD, SOUTH FLORIDA WATER MANAGEMENT DISTRICT;
ELIZABETH JOLIN, OWNER, BAY AND REEF COMPANY OF THE FLORIDA
KEYS; GARY RITTER, ASSISTANT DIRECTOR OF GOVERNMENT AND
COMMUNITY AFFAIRS, FLORIDA FARM BUREAU FEDERATION; AND SHANNON
ESTENOZ, CHIEF OPERATING OFFICER AND VICE PRESIDENT OF POLICY
AND PUBLIC AFFAIRS, THE EVERGLADES FOUNDATION
Mr. Valenstein. Thank you, Chairwoman. Good morning. My
name is Noah Valenstein, I have the pleasure of serving as
secretary of the Florida Department of Environmental
Protection.
Thank you, Chairman DeFazio, Chairwoman Napolitano, Ranking
Member Westerman, and the subcommittee members for the
invitation to speak here today.
I would also like to thank committee members from Florida,
Representatives Webster, Wilson, Mast, Mucarsel-Powell, and
Spano for their efforts to support Florida's environment and
improve Federal cooperation on a range of issues we deal with
here in Florida, since the environment is so critical to
everything we do here in the State.
And Chairwoman, thank you for your introductory comments,
because I think that really hit on it from our meeting in
Islamorada more than a year ago. So thank you.
Over the past 2 years, Governor DeSantis has been laser-
focused on promoting water management that not only sustains
flood protection and water supply, but also improves water
quality and supports desirable vegetation growth and ecosystem
responses across Florida. Demonstrating his strong commitment
to solving Florida's water challenges, he appointed the first
State-level chief science officer and chief resiliency officer
team anywhere in the United States.
Florida's chief science officer also chairs a team of
leading scientists from across the State on the Blue-Green
Algae Task Force, which the Governor created to generate
effective strategies and solutions to prevent, mitigate, and
respond to harmful algal blooms in Lake Okeechobee and
surrounding watersheds.
The task force's first set of recommended policy changes
was unanimously passed by the State legislature and signed into
law this June as the Clean Waterways Act here in Florida. The
legislation augmented DEP's authority to ensure protective
standards, and enhanced enforcement related to stormwater,
wastewater infrastructure, and septic tanks, and agricultural
producer compliance with our basin management action plans.
More than ever, Floridians have united around the
protection of our water resources, and DEP is committed to
successfully implementing the most comprehensive water quality
legislation that Florida has seen for over a decade.
Unfortunately, all these efforts cannot guarantee an end to
devastating releases from Lake Okeechobee. Army Corps water
management policies and significant increases in large-scale
water infrastructure and storage are critical elements to
minimizing the future risk of detrimental discharges.
Under the Governor's direction, the State has been leading
the effort to expedite critical Everglades restoration
infrastructure, including work on the Central Everglades
Planning Project and Everglades Agricultural Area Reservoir,
the C-43 and C-44 Reservoirs, and raising Tamiami Trail.
Recent increases in Federal funding for south Florida
Everglades restoration, including $235 million in fiscal year
2020, and $250 million in President Trump's fiscal year 2021
budget request, combined with $625 million in annual funding,
as requested from Governor DeSantis to make up more than $2.5
billion over a 4-year period for investments in water quality
across Florida, including Everglades, is a clear sign of the
impact of improved State and Federal cooperation. And we thank
this committee, knowing that they were a part of that.
This committee's indispensable efforts to authorize
comprehensive Everglades restoration projects as part of your
biennial development and consideration of the Water Resources
Development Act cannot be overlooked, and is a critical part of
making sure Florida's environment endures for future
generations. Thank you so much for your track record of
legislative success, both in 2014, 2016, and 2018.
And we are optimistic about the passage of WRDA 2020 this
year, which we hope will include enhanced authorities for the
South Florida Ecosystem Restoration Task Force to address
invasive species; at least one new project authorization to
restore the Loxahatchee River watershed; two Post-Authorization
Change Report authorizations to modify the C-43 Reservoir and
the C-111 South Dade projects, and, most importantly,
bipartisan language from the Senate Environmental and Public
Works Committee to amend section 1308 of WRDA 2018 to direct
the Army Corps of Engineers to carry out construction of the
EAA Reservoir as part of the Central Everglades Planning
Project at funding levels and expedited timeline developed and
approved in the South Florida Water Management District
section's 203 Post-Authorization Change Report.
These projects are going to be vital to ensuring Everglades
is protected for future generations. I know we have a lot of
work ahead of us, as alluded to, but the partnership has not
been stronger before between the Federal and State government.
And with historic funding, the work effort on the State and
Federal part, we have got a bright future in front of us, and
we are really seeing a resurgence of environmentalism here in
Florida.
Thank you for the time.
[Mr. Valenstein's prepared statement follows:]
Prepared Statement of Noah Valenstein, Secretary, Florida Department of
Environmental Protection
Good morning. I'm Noah Valenstein, and I have the pleasure of
serving as the Secretary for the Florida Department of Environmental
Protection. Thank you, Chairwoman Napolitano, Ranking Member Westerman,
and subcommittee members, for hosting this hearing on ``The
Comprehensive Everglades Restoration Plan and Water Management in
Florida'', and for the invitation to speak here today. It's great also
to see our Committee members from Florida, Representatives Webster,
Wilson, Mast, Mucarsel-Powell, and Spano.
Over the past two years, the State of Florida and many partners
committed to environmental protection have been able to make great
strides in our efforts to advance water quality improvements across our
state, especially expediting water projects for restoration of the
greater Everglades ecosystem. Many of these steps forward are the
direct result of momentum provided by Governor DeSantis and
strengthened partnerships between state and federal government and
other stakeholders.
After the governor took office in January of 2019, he issued a
historic executive order that provided the framework for significant
action with regard to water quality and Everglades restoration. The
governor also announced his intention to secure a record $2.5 billion
dollars in funding for these purposes across his first term, which was
successfully approved by the Florida legislature at a recurring $625
million dollars over the past two years.
Governor DeSantis has been laser-focused on promoting water
management that not only sustains flood protection and water supply,
but also improves water quality and supports desirable vegetation
growth and ecosystem responses. Demonstrating his strong commitment to
solving Florida's water challenges, he appointed the first state-level
Chief Science Officer anywhere in the United States. Florida's Chief
Science Officer also chairs a team of leading scientists from across
the state on the Blue-Green Algae Task Force, which the Governor
created to generate effective strategies and solutions to prevent,
mitigate, and respond to harmful algal blooms in Lake Okeechobee and
surrounding watersheds.
The task force sent its first set of recommended policy changes to
the governor last year, which ultimately resulted in the unanimous
passage of Senate Bill 712, known as the Clean Waterways Act, signed
into law this June.
The legislation includes increased regulations and oversight for
stormwater and wastewater infrastructure, additional methods for
assessing agricultural producers, the transfer septic system oversight
from the Florida Department of Health to the Department of
Environmental Protection, and the regulation of septic systems as
sources of nutrients for the first time in Florida's history.
Additionally, the governor signed an Environmental Accountability Bill
increasing penalties across the board by 50% for all environmental
crimes and allowing DEP to levy fines on crimes as they're happening.
More than ever, Floridians have united around the protection of
their water resources, and DEP is committed to successfully
implementing the most comprehensive water quality legislation that
Florida has seen in over a decade.
Unfortunately, all of these efforts cannot guarantee an end to
devastating releases from Lake Okeechobee. Army Corps water management
policies and largescale water infrastructure and storage are critical
elements to minimizing the risk of future detrimental discharges.
Under the governor's direction, the state has also been leading the
effort to expedite critical Everglades restoration projects. With the
South Florida Water Management District working hand-in-hand with the
U.S. Army Corps of Engineers, we've been able to accelerate multiple
projects focusing on water storage, dispersal, and watershed
management, all aimed at sending more water south to the Everglades and
restoring the natural flow of water in South Florida. This includes
work on the Central Everglades Planning Project and Everglades
Agricultural Area Reservoir, the C-44 Reservoir and Stormwater
Treatment Area, the Caloosahatchee C-43 West Basin Storage Reservoir,
and the Tamiami Trail Next Steps and Old Tamiami Trail Removal.
Some of these projects will be completed within the next three to
four years, and the rest are already moving ahead of schedule. The
Corps has also nearly finished rehabilitation of the Herbert Hoover
Dike, an incredibly vital project for South Florida.
Florida has also been incredibly fortunate to receive historic
federal funding specifically for South Florida Everglades Restoration--
at $235 million in the Fiscal Year 2020 and an historic $250 million in
President Trump's FY 2021 budget request that we are confident our
Congressional delegation will fulfill through the congressional
appropriations process.
With this increased funding, not only have we been able to move
forward on additional Everglades restoration projects, but we've also
been able to establish certainty that these projects will be funded and
completed in the near future. Combined with $625 million in state
funding, the total funding for Everglades restoration and water quality
investments across the state in this fiscal year is almost one billion
dollars--an unprecedented amount--and a sign of the impact of improved
state and federal cooperation and a mutual dedication to Florida's
environment.
The Everglades is one of America's national treasures, and they're
unlike anywhere else in North America. In addition to the system's
uniqueness and intrinsic value, the Everglades serves as habitat for a
suite of endangered species of plants and animals, helps sustain
drinking water to more than 8 million Floridians, and provides water
quality benefits that form the basis of our local economies and ways of
life.
The Transportation and Infrastructure Committee, and this
subcommittee in particular, are integral to the success of Everglades
restoration, and by extension water management in and around Lake
Okeechobee. Your indispensable efforts to authorize South Florida
Ecosystem Restoration projects as part of your biennial development and
consideration of Water Resources Development Act legislation sets the
stage for all the design, construction, and operational work that
follows. We are optimistic about the passage of WRDA 2020 this year
which we hope will include:
at least one new project authorization to restore the
Loxahatchee River Watershed;
two post authorization change report authorizations to
account for important modifications to the Caloosahatchee C-43 West
Basin Storage Reservoir and C-111 South Dade; and most importantly
bipartisan language from the Senate Environment and
Public Works Committee to clarify Section 1308 of WRDA 2018 to direct
the Corps to carry out construction of the Everglades Agricultural Area
Reservoir as part of the Central Everglades Planning Project at the
funding levels and expedited timeline developed and approved in the
South Florida Water Management District's Sec. 203 Post Authorization
Change Report.
These WRDA provisions are of fundamental importance to maintaining
momentum as we seek to advance the most ambitious ecosystem restoration
project in the history of mankind. They will also greatly enhance our
operational flexibility to manage water across South Florida.
While we still have significant and difficult work in front of us,
we must not discount the important progress we've made, especially over
the last two years. Where we stand today, the restoration of America's
Everglades is a shining example of what federal, state, tribal, and
local governmental partners cooperating effectively can do in service
to a shared cause, no matter how complex.
So again, thank you to this subcommittee for your ongoing attention
to Everglades restoration and water management in Florida, and to the
Trump Administration and this Congress for record federal funding for
South Florida Ecosystems Restoration. Governor DeSantis and the state
of Florida look forward to continuing to take advantage of all
opportunities to expedite this important work with all of our federal
partners.
Mrs. Napolitano. Thank you, sir.
Now we may proceed with Chairman Goss.
Mr. Goss. Good morning, Chairwoman Napolitano, Chairman
DeFazio, Ranking Member Westerman, and subcommittee members,
and thanks for hosting today's hearing. My name is Chauncey
Goss, and I have the privilege of serving as the chairman of
the South Florida Water Management District's Governing Board
as an appointee of Governor Ron DeSantis. It is an honor to be
here, testifying before you today.
America's Everglades, affectionately known as the River of
Grass, is a crown jewel of natural resources in the United
States, as the chairman alluded to earlier. The Everglades'
story began several hundred years ago, when she was
inhospitable to people, but a watery mecca for birds and
wildlife. A vast wetland, America's Everglades span from what
is now Orlando, all the way south to the very end of the
Florida Peninsula, south of present-day Miami.
What seemed like uninhabitable swampland to some quickly
became an opportunity to others. The rich soils proved to be
incredibly productive for agriculture, and, of course, the
climate is ideal for those tired of the snow. But with 60-plus
inches of average annual rainfall during our wet season and
intense hurricanes, it becomes clear that, without proper
canals to drain water off the land, flooding was going to be
the norm.
Floridians cried out for help, and your predecessors in
Congress authorized what is known as the Central and South
Florida Flood Control Project back in 1948.
To demonstrate its support, the State of Florida created
the South Florida Water Management District, a special
governmental agency, to support that collaborative effort.
Today the district has nearly 1,500 employees, and 3 days ago
we passed our budget for this fiscal year just north of $1.25
billion.
Together, the State and the Federal Government built a
massive public works project to provide flood protection. This
project has been a tremendous success. With this new
infrastructure in place, and the State's favorable economic
opportunities, growth in south Florida exploded. Decades later,
record growth continues, and the sky really remains the limit
for opportunity in Florida.
But the replumbing of south Florida has also caused
negative, unintended environmental consequences for our natural
systems. Recent fish kills and seagrass die-offs tell us our
waterways are imperiled. Wading bird populations are below
their historic average. And you might recall the toxic blue-
green algae and massive red tide blooms we experienced when
they garnered international headlines in 2016 and 2018. And I
can tell you from personal experience, my community of Sanibel
suffered intense environmental and economic devastation.
Two years ago I would have stood before you and expressed
my concerns without optimism. However, today I am pleased to
report that the environmental and economic disasters did not go
unnoticed. And, thanks to your help, CERP is making significant
progress to ensure we avoid harmful discharges to the
estuaries, while moving water south to Florida Bay, while
providing flood control, and while ensuring our residents have
enough freshwater. CERP is on the radar of the President,
Governor DeSantis, this Congress, and the Florida Legislature.
We have momentum right now, and I am confident that momentum
can carry us through, actually finishing our authorized and
soon-to-be authorized projects.
Within the next decade, with continued support and funding,
key authorized CERP projects are expected to come online. The
C-44 Reservoir and Stormwater Treatment Area will help protect
the St. Lucie Estuary from excess freshwater. The
Caloosahatchee Reservoir will help meter out water to the
Caloosahatchee Estuary, when the estuary needs a boost of
freshwater during the dry season. And our top priority, the
Everglades Agricultural Area, or the EAA Reservoir Project,
will be a game-changer for south Florida by conveying more
water south, where it is needed.
This is our chance to get the water right and to save
America's Everglades. Funding and completing the CERP projects
are how we do that. Together, we could reduce harmful algal
blooms, ensure we have enough reliable, safe drinking water for
Floridians and visitors, and continue to protect south Florida
from dangerous floods.
And the good news is you have a ready, willing, and able
partner in Governor DeSantis. He has made it crystal clear to
me and my fellow board members that the word of the day is
``expedite'' when it comes to Everglades restoration. The
faster projects come online, the more flexibility we have in
managing our water to avoid harmful and wasteful discharges to
the east and west, and to move more water south. We recognize
the status quo is unsustainable, and CERP, combined with
intelligent operational flexibility, moves us from that status
quo.
Thanks so much for having me today. And please know that
you all have an open invite to visit south Florida any time to
see for yourself what we are saving. Thank you, ma'am.
[Mr. Goss' prepared statement follows:]
Prepared Statement of Hon. Chauncey P. Goss II, Chairman, Governing
Board, South Florida Water Management District
Good morning Chairwoman Napolitano, Ranking Member Westerman, and
subcommittee members, thank you for hosting today's hearing and
discussing ``The Comprehensive Everglades Restoration Plan and Water
Management in Florida.'' Thank you for the opportunity to be here today
to speak with you about saving America's Everglades and water
management in South Florida. My name is Chauncey Goss, and, as an
appointee of Florida Governor Ron DeSantis, I have the privilege of
serving as the Chairman of the South Florida Water Management
District's Governing Board.
America's Everglades, affectionately known as the River of Grass,
is a crown jewel of natural resources in the United States of America.
Her history and subsequent road to restoration demonstrate the sheer
power of American innovation and determination. Allow me to tell you
the history of the Everglades, how we are actively undertaking the
largest environmental restoration project in the world, and what the
future of South Florida looks like once we complete the Comprehensive
Everglades Restoration Plan that Congress wisely authorized two decades
ago.
A vast wetland, America's Everglades once spanned from what is now
bustling Orlando in the central part of the state all the way south to
the very end of the Florida peninsula, south of present-day Miami. The
Everglades story begins several hundred years ago when she was
inhospitable to people but a watery mecca for birds and wildlife.
Wading birds, whose population numbers are used as indicators for
ecological health, were once so plentiful in the Everglades that they
reportedly darkened the skies overhead like storm clouds. The few
settlers and explorers who did travel into the Everglades report having
to cover themselves head-to-toe to protect from the swarms of buzzing
mosquitos.
But what seemed like uninhabitable swampland to some quickly became
an opportunity to others. The rich soils proved to be incredibly
productive for agriculture. And entrepreneurs built expansive railroads
to market Florida's iconic coasts as a prime winter destination. With
opportunity on the horizon, people flocked to the much milder South
Florida climate. Towns blossomed along our coasts and inland near
agricultural operations.
The 60-plus inches of average annual rainfall during our wet season
and the intense hurricanes proved that picturesque South Florida was
not always a year-round sunny paradise. Without proper canals to drain
water off the land, flooding became the norm during South Florida's
frequent storms. Even worse, thousands perished after major hurricanes
hit South Florida in the early Twentieth Century and walls of water
swept entire communities away. Floridians cried out for help and
Congress authorized what is known as the Central and South Florida
Flood Control Project or sometimes called the C and S F Project in
1948. To demonstrate its cooperation and support with the Federal
Government, the State of Florida created the South Florida Water
Management District, a special government agency to support the
collaborative effort. Together, the State and Federal Government built
a massive public works project to provide flood protection.
The project was a major success for flood protection and to this
day, we have never suffered human loss at the scale seen before the
Central and South Florida Flood Control Project was completed. With
this incredible infrastructure in place and the state's favorable
economic opportunities, growth in South Florida exploded. Decades
later, record growth continues and the sky remains the limit for
opportunity in the Sunshine State.
The Central and South Florida Flood Control Project led to South
Florida being home to bustling international metropolises like Miami to
charming fishing villages like Port Salerno and even quaint beach
getaways in places like Sanibel Island. This natural beauty that makes
Florida special and the endless opportunities are why my family moved
to Sanibel Island on Florida's Southwest coast where I grew up.
The canals, levees, and water management infrastructure provided
critical flood protection and allowed millions of people to live in the
Sunshine State. But the replumbing of South Florida also caused
negative unintended environmental consequences that are increasingly
getting worse for our natural systems.
From the northern most reaches of the Everglades all the way to the
southern bounds, Florida's plumbing has been greatly altered. Just
south of Orlando, a once slow-moving, meandering river known as the
Kissimmee River was channelized and became a water superhighway,
shunting massive amounts of water into Lake Okeechobee and drying
nearby floodplains. Lake Okeechobee, known as the heart of America's
Everglades, also became human-managed with newly engineered outlets to
control water levels in the lake and provide flood protection for
communities surrounding it.
Like all estuaries, the Caloosahatchee River and Estuary on
Florida's West Coast needs the right flow of freshwater and saltwater.
At times, it is cut off from the freshwater it needs. The
Caloosahatchee's sister estuaries on the east coast, the St. Lucie
Estuary and Lake Worth Lagoon, are often inundated with too much
freshwater--again a result of the flood protection system. Heading
south, other estuaries like Florida Bay between the Florida mainland
and the Florida Keys and Biscayne Bay off the coast of Miami, are both
nearly cut off from their much-needed freshwater supply during the
driest parts of the year. These types of negative impacts are felt all
across America's Everglades--all done in the name of flood protection.
These drastic changes to our natural environments coupled with
changing conditions have hurt both Florida's environment and our
economy. Fish kills and seagrass die offs tell us our waterways are
imperiled. Wading bird populations are significantly below their
historical averages. And you might recall the toxic blue-green algae
and massive red tide blooms we recently experienced when they garnered
international headlines in 2016 and 2018. Guacamole-thick algae in our
canals and dead dolphins on our shores seemed to be symptoms of an
ecosystem in need of restoration.
I saw these negative impacts of Harmful Algal Blooms in Sanibel
firsthand. I saw the sick and dying fish and birds. I heard people say
they had a hard time breathing. And I watched as businesses that I have
known for a lifetime suffer because visitors cancelled reservations to
avoid the algae issues they heard about in the news.
These ecological problems don't just impact our waterways and
wildlife. They also can cripple our economy. Floridians and visitors
alike depend on clean water. And with more than 100 million people
visiting Florida annually for things like its scenic beaches, excellent
fishing and world-class destinations, we must continue to protect and
restore the environment that makes Florida Florida.
We cannot go back to the Everglades of the past--none of us would
be able to enjoy South Florida if that were the case--but by saving the
Everglades we can avoid some of the worst unintended consequences from
ditching and draining our River of Grass.
I'm pleased to report that the Congressionally authorized
Comprehensive Everglades Restoration Plan, or CERP as its known here in
South Florida, is making significant progress thanks to the support
from the President and Congress coupled with the support from Florida
Governor Ron DeSantis and our state legislature. CERP and smart
operations of South Florida's water management infrastructure are the
roadmap to a renewed and restored America's Everglades. We are well on
our way.
The federal government and Florida have showed tremendous
cooperation by jointly authorizing, funding and building the projects
that make up CERP and other key restoration projects. Together, we have
built several large infrastructure projects to help correct the
environmental damage done by draining the Everglades. The restoration
of the Kissimmee River, which I spoke about earlier, is nearly complete
and showing incredible promise. And within the next decade, with
continued support and funding, key CERP infrastructure projects are
expected to come online and further enhance the Greater Everglades
Ecosystem. The C-44 Reservoir and Stormwater Treatment Area will
protect the St. Lucie Estuary from excess freshwater. The
Caloosahatchee Reservoir will help meter out water to the
Caloosahatchee Estuary when the estuary needs a boost of freshwater.
And our top priority, the Everglades Agricultural Area (EAA) Reservoir
Project, will be a gamechanger for South Florida by conveying more
water south where it's needed.
We're in a historic time for South Florida and the environment and
in some respects for humankind.
This is our chance to reverse much of the damage and unintended
consequences caused by decisions we made in the past.
This is our chance to ``get the water right'' and improve the
environment.
And this is our chance to save America's Everglades for the people
and environment that all depend on this tremendous natural resource.
Funding and completing the projects of CERP is how we do that and
how we prove that the United States can do what no one once thought
possible. Insurmountable environmental damage can and will be reversed.
CERP and better water management in South Florida will be great for
our waterways, for our birds, for our fish, for our alligators. And
yes, it will also be great for our residents and our visitors.
Together, we can reduce Harmful Algal Blooms, ensure we have enough
reliable safe drinking water for Floridians and visitors, and continue
to protect South Florida from dangerous floods.
I want to thank you for having me here today to talk about the
largest environmental restoration project in human history. I'm
grateful for the ongoing support of Congress and President Trump. With
your support, we can finish CERP, save the Everglades, and better
manage South Florida's water resources. And in Florida, you have a
ready, willing and able partner in Governor DeSantis and the entire
state.
I invite you the Subcommittee to visit South Florida anytime and
see for yourself what we are saving.
Thank you.
Mrs. Napolitano. Thank you, sir, Mr. Goss. This is very
interesting. I would love to go back, and I will one of these
days. But now we can go on to our next witness, Captain Jolin.
You may proceed.
Ms. Jolin. Chair Napolitano, Ranking Member Westerman, Vice
Chair Mucarsel-Powell, and members of the subcommittee, my name
is Captain Elizabeth Jolin. I have owned and operated a fishing
and environmental tour business in Islamorada in the Florida
Keys for the past 20 years. Thank you so much for your time
today.
When you next visit the Florida Keys and book a charter
with me, we will have a magical day. We will fish. We will spot
dolphins, herons, egrets, and pelicans. We will explore the
mangroves, and we will dive into clear waters to be charmed by
a myriad of tropicals swimming amidst the corals.
While we are on board, it is unlikely that we will discuss
the wildly fluctuating salinity levels of the Florida Bay. We
will not visit the 40,000 acres of dead seagrass in the bay
caused by that very salty Florida Bay condition. And we will
certainly not spend 1 minute in the nearshore ocean zone that
has been suffocated by algae-laden Florida Bay water coming in
on the tide. Finally, we will not discuss the future of the
Florida Bay, because it is in crisis. The Florida Bay receives
a fraction of its historical waterflow, causing it to be
perpetually starved for freshwater.
We are often chided in the Florida Keys for being laid
back, and yet we can certainly recognize an emergency when we
see one, and the Florida Bay is facing a very grave emergency.
This Florida Bay emergency is certainly affecting my
business. But more importantly, this emergency is affecting
every business in Monroe County. There isn't a single job in
the Florida Keys that doesn't rely on a vibrant and thriving
resource. Teachers, policemen, restaurateurs, housekeepers,
real estate agents, and yes, fishermen and women, rely on a
healthy Florida Bay. It is, quite literally, the foundation of
our community.
Despite this, I have confidence in our citizens, our
scientists, and our legislators. Today's gathering strikes me
as an indication that we can all clearly understand, and quite
possibly agree on these points: one, Everglades restoration is
not about preserving the Everglades, as much as preserving the
economy of south Florida; two, we have to manage the puzzle of
Everglades restoration holistically, that is, we can't solve
the problems of one estuary to the exclusion of others; three,
politics must be put aside if we are going to find success in
restoration efforts; and finally, we are running out of time.
CERP was designed 20 years ago and, as of today, only a
fraction of those projects have been completed.
I sincerely hope we can find common ground to attach
urgency and priority to restoration efforts. And I thank you
for your time today.
[Ms. Jolin's prepared statement follows:]
Prepared Statement of Elizabeth Jolin, Owner, Bay and Reef Company of
the Florida Keys
Chair Napolitano, Ranking Member Westerman, Vice Chair Mucarsel-
Powell, and Members of the Subcommittee, My name is Captain Elizabeth
Jolin. I have owned and operated a fishing and environmental tour
business in Islamorada in the Florida Keys for the past 20 years.
Thank you for your time today.
When you next visit the Florida Keys and book a charter with me, we
will have a magical day. We will catch fish, see herons, egrets,
dolphins, explore the mangroves, and dive into the clear waters to be
charmed by a myriad of tropicals swimming in the coral.
While we are on board it is unlikely we will talk about the wildly
fluctuating salinity levels of the Florida Bay. We will not visit the
40,000 acres of dead sea grass in the Bay caused by those salty
conditions. We will certainly not spend any time in the near sure ocean
zone that has been suffocated by algae laden Bay water circulated on
the tidal exchange. And finally, we will not discuss the future of the
Florida Bay--because it is in crisis.
The Florida Bay receives a fraction of its historical water flow
causing it to be perpetually starved for freshwater. And while we are
often accused of being laid back in the Florida Keys, we can recognize
an emergency when we see one.
The Florida Bay is facing a very real emergency. The Florida Bay
receives a fraction of its historical water flow causing it to be
perpetually starved for freshwater.
This emergency is affecting my business but more importantly this
emergency is affecting every business in my community in Monroe County.
There isn't a single job in the Florida Keys that doesn't rely on a
thriving and vibrant natural resource. Our teachers, policeman,
restaurateurs, housekeepers and of course fisherman rely on a healthy
Florida Bay. It is quite literally the foundation of our community.
Despite this, I have confidence in our citizens, scientists, and
legislators. Today's gathering strikes me as an indication that we
clearly understand and quite possibly can agree on these points:
1. Everglades restoration is not about preserving the Everglades
as much as preserving the economy of South Florida.
2. We have to manage the puzzle of Everglades restoration
holistically. That is, we can't solve the problems of one estuary to
the exclusion of others.
3. Politics must be put aside if we're going to find success in
our Restoration efforts.
4. And finally, we are running out of time. CERP was designed to
20 years ago in a fraction of its projects have been completed. I
sincerely hope we can come together to attach urgency and priority to
Restoration efforts.
Thank you.
Mrs. Napolitano. Thank you for your testimony, and I agree
with you. But, as you can see, politics has been kept aside in
passing WRDA, because it was a bipartisan bill. Thank you very
much, and I may take you up on that tour. We have next Mr.
Ritter.
But I understand you may be having some technical
difficulties. Are you on, Mr. Ritter?
Mr. Ritter. Yes, ma'am. Can you hear me?
Mrs. Napolitano. We can hear you.
Mr. Ritter. Great.
Thank you very much, Madam Chairman and committee members,
for the opportunity to testify today. I am very proud to
represent the Florida Farm Bureau Federation, and our State's
largest agricultural organization, with more than 142,000
members, as well as thousands of farmers and ranchers that live
and work in south Florida. We represent farmowners who produce
over 300 agricultural commodities, regardless of their scope of
operations or location.
In normal times, agriculture is the second largest
component of the Florida economy. During crisis, it is even
more important. Most importantly, agriculture is not dependent
upon visitors and population growth for its contributions.
How has south Florida come from an uninhabitable,
unfarmable landscape 100 years ago, to the home of more than 8
million people, the most dynamic and productive ag economy east
of the Mississippi, and an ecosystem unmatched anywhere in the
world?
It has been possible because the State of Florida and
Congress made the necessary investments in the Central and
Southern Florida Project, and we have sustained that support
for seven decades. We are now in the middle of making retrofits
to that project on a truly massive scale to achieve more
ecosystem benefits than what the original design was able to
provide.
Therefore, sticking to the entire Comprehensive Everglades
Restoration Plan with the proper sequencing of projects without
deviation is paramount to the success of Everglades
restoration. The planning for this process came to a head in
the year 2000, with the approval by Congress of the
Comprehensive Everglades Restoration Plan. Since that time, we
have spent $6 billion so far, and the Corps announced this past
week their plan to spend another $7 billion over the next 10
years.
Florida agriculture has been directly involved from the
earliest planning stage, and we fully support the suite of
projects that are now moving forward.
One of the keys to the broad community support that this
project has enjoyed was the promise embedded in the Federal law
that, if approved, restoration and the needs of the economy
would move ahead together. At a minimum, no legal water use,
including environmental water supply, would be reduced, as the
plan was implemented. If we have one misgiving about where
things stand now, it is the Corps' reluctance to commit that
farmers' water supply would not be reduced.
When we talk about water supply, we are talking about Lake
Okeechobee. The lake is a central feature in the south Florida
water management infrastructure, and it provides flood
protection, water supply, environmental enhancement,
recreation, and navigation to all of south Florida. In 2007,
the Corps lowered the lake to accelerate repairs to the Herbert
Hoover dike. That work will be complete in 2 years.
Floridians expect the water supply that they had in 2007,
the year before the lake was temporarily lowered, to be
restored when the work is complete. Farmers are not asking to
go back to a high lake level, or to receive more water than we
had before it was lowered. We will continue to work with the
Corps as the new schedule is developed, but we would all feel
better if the Corps would acknowledge that water that has been
available to farmers for the last 50 years will be a part of
any plan as we move forward.
The Florida Farm Bureau Federation and its farmer-rancher
members remain staunch partners with local governments, water
management districts, and State and Federal agencies in this
massive restoration effort.
We very much appreciate the opportunity to be here today,
and we thank you very much for listening to our comments.
[Mr. Ritter's prepared statement follows:]
Prepared Statement of Gary Ritter, Assistant Director of Government and
Community Affairs, Florida Farm Bureau Federation
The Florida Farm Bureau Federation is our state's largest
agricultural organization with more than 142,000 members. Sixty county
Farm Bureaus constitute the grassroots structure of our organization.
We represent farm owners who produce all 300 of the state's
agricultural commodities, regardless of their scope of operations or
location.
Within the framework of our organization's policy, we fully support
a holistic approach to Everglades restoration through the proper
sequencing of projects that ultimately improves the timing,
distribution, and quality of water moving throughout the Kissimmee-
Okeechobee-Everglades (KOE) system. We urge federal policymakers to do
this by:
Recognizing Florida agriculture's heritage of farming and
stewardship;
Recognizing KOE dependencies and constraints;
Honoring the Comprehensive Everglades Restoration Plan
(CERP) and the carefully crafted Integrated Delivery Schedule;
Supporting all needed programs and partners, including
Florida agriculture; and;
Recognizing the rights of all legal water users including
the environment.
Increased flow of water to the remnant Everglades is as important
as balancing the water-related needs of the region, more specifically,
enhancing water supply and water quality while maintaining flood
protection. We continue to encourage water managers and the U.S. Army
Corps of Engineers (COE) to comply with CERP and the sequencing
outlined in the Integrated Delivery Schedule and avoid distractions
that compromise the delivery of critical project components in this
effort. Farmers and ranchers will continue to partner with state and
federal agencies as they play an important and appropriate role in the
restoration process. It is imperative Everglades restoration stay on
target to implement the carefully sequenced plan to accomplish the
needed benefits for the entire system, rather than allow regional
initiatives to disrupt this carefully crafted plan.
I. Florida's Agricultural Heritage of Farming and Stewardship
Agriculture is a critical part of Florida's heritage and economy,
playing the essential role of providing food, fiber and foliage in
Florida, throughout the country and the world while exercising good
stewardship. In fact, Florida's rich agricultural history dates back
nearly 500 years.
Agriculture is Florida's second largest industry and a major
economic driver for the state; notable, it is independent of visitors
and population growth for its contributions. It provides 2.1 million
jobs and over $7 billion in receipts to Florida. Agriculture in south
Florida, more specifically the 16-county area of the South Florida
Water Management District (SFWMD), is diverse, producing many different
commodities. Understandably, farmers and ranchers in south Florida, and
statewide, oversee millions of acres of land managing nutrients and
water through sound science and technology to protect the environment
while maintaining production and economic viability.
The food production and environmental conservation supplied by
farms is vital to this country during the late fall, winter and spring
months. During these seasons, most of the country is unable to grow the
fruits and vegetables needed to support the nutritional needs of and
provide vital food security for our country. Contrary to what media
regularly propagates, farmers in the Everglades Agriculture Area (EAA),
south of Lake Okeechobee, are our largest suppliers of winter
vegetables, growing sweet corn, beans, lettuces, cabbage, radishes,
rice, and oriental vegetables, in addition to sugarcane.
The ever changing demographic of the populace in south Florida has
also resulted in a lack of understanding of agriculture and the
products and benefits that a healthy agricultural sector provides. To
be fair, agriculture has struggled to communicate effectively with a
population that is urban and unfamiliar with the rural parts of
Florida. Consequently, the general public is likely to believe that
agriculture is responsible for causing all the water related issues
throughout the state because it occupies such a large part of the rural
landscape and should therefore be responsible for addressing those
issues. This viewpoint is especially prevalent in south Florida.
The fact is for several decades farmers in the EAA have been an
integral part of the CERP process, helping to clean water from Lake
Okeechobee as it passes through their farms. Most importantly, they
continue to be part of the solution in Everglades restoration efforts.
II. Recognizing KOE Dependencies and Constraints
The Central and Southern Florida flood control system traces its
beginnings to the 19th century with the support of federal and state
policymakers of the time. The system was completed by the early 1970's,
concluding with the channelization of the Kissimmee River, despite
vocal opposition from Okeechobee basin ranchers. The flood control
system completely altered the timing, distribution and quality of water
throughout the entire Kissimmee-Okeechobee-Everglades ecosystem. The
region wide system of water management paved the way for growth and
development across south Florida. When the system was completed, there
were approximately 2 million people living in the 16-county region of
the South Florida Water Management District. Today, almost 9 million
people make south Florida their home, a threefold increase in
population.
Lake Okeechobee is the ``liquid heart'' of water supply for south
Florida and its water quality is of great concern to all stakeholders,
agriculture and coastal residents alike. Drainage and flood control
projects implemented in the early and middle part of the last century
provided a conduit for nutrient loading in the lake as water and
sediments moved quickly off the landscape by design. Water,
specifically floodwaters, were seen as a common enemy and treated
accordingly. These nutrient-laden sediments, referred to colloquially
as ``legacy phosphorus,'' remain today in both Lake Okeechobee and in
the watersheds of the Northern Everglades. The COE's engineering of the
Kissimmee River greatly exacerbated sediment transfer to the lake. Due
to the sandy soils and an underlying organic layer, legacy phosphorus
from natural and anthropogenic sources continue to contribute to the
nutrient enrichment of Lake Okeechobee through the flood control system
now operated and maintained by SFWMD. During the initial design and
construction of the flood control project, the COE continually alluded
to the fact that water quality would suffer as a consequence of the
drainage system.
As south Florida's population has grown, so has the number water
resource-related initiatives that are driven by population growth, but
directly affect agriculture. These initiatives include studies and
legislative mandates to address sustainable growth, environmental
protection and water management. Rulemaking on every level of
government resulted in laws and rules addressing growth management,
comprehensive planning, environmental conservation, water supply
planning, and ever more restrictive standards for water use, water
management, and land management.
Ironically, best management practices (BMPs) for farming and
ranching, which started here as a voluntary grassroots effort by
farmers and ranchers to foster practices that protect the land and
water upon which their livelihoods depend, has now become a regulatory
program administered by the Florida Department of Agriculture and
Consumer Services (FDACS). Each of these initiatives impact the way
farms and ranches manage land and water resources and conduct their
businesses.
III. Honoring CERP and the Carefully Crafted Integrated Delivery
Schedule
The Comprehensive Everglades Restoration Plan (CERP) was authorized
by Congress in 2000 as a plan to ``restore, preserve, and protect the
south Florida ecosystem while providing for other water-related needs
of the region, including water supply and flood protection.'' The other
water related needs of region includes agriculture. Everglades
restoration should be true to its implementation authority and proper
sequencing as outlined in the Integrated Delivery Schedule (IDS).
The IDS, shared in cost by the state of Florida and the federal
government, provides a collaborative science based sequencing strategy
for planning, designing and constructing projects based on ecosystem
needs, benefits, costs and available funding. This is achieved by:
Maximizing holistic benefits to the regional system as
early as possible;
Ensuring additional projects will be ready to continue
progress on restoration; and,
Maintaining consistency with project dependencies and
constraints.
Agricultural BMPs complement these efforts and are continually
evolving with sound science and technology to improve water quality and
storage as new IDS projects come on line.
IV. Supporting all Needed Programs and Partners, Including Florida
Agriculture
The state of Florida maintains a leadership and partnership role in
conjunction with federal projects. For instance, the Florida
legislature unanimously passed Senate Bill 712, recently signed by
Governor Ron DeSantis also known as ``The Clean Waterways Act''. As a
part of this legislation, agricultural farms and ranches are once again
called upon to continue their partnership role to improve water quality
through the implementation of best management practices (BMPs),
collaborative water projects and research. According to the Florida
Department of Agriculture and Consumer Services (FDACS) Office of
Agricultural Water Policy 2020 report, research efforts have expanded
to include quantifying and demonstrating benefits from precision
agriculture technologies to improve crop nutrient efficiencies and
reduce fertilizer and irrigation application rates.
Agriculture's contributions and partnerships to Basin Management
Action Plans (BMAPs) and regional restoration projects largely go
unnoticed by stakeholders. Agriculture has been and continues to be a
cooperative partner with the Florida Department of Environmental
Protection to satisfy their responsibilities as a part of a BMAP.
However, it should be noted that farmers and ranchers cannot do it
alone, nor should they be expected to. There must be a collaborative
and holistic approach for restoration efforts to be successful.
Farmers throughout the region of the SFWMD continue to aggressively
implement BMPs to slow or eliminate the movement of stormwater, and its
sediment load, from farms and ranches. In spite of their efforts, more
recognition needs to be given to the farmer for these activities as
focus remains on the in lake nutrient load.
For the past 20 years, the Farm Bureau Federation in partnership
with FDACS and the University of Florida Institute of Food and
Agricultural Sciences has recognized farmers and ranchers through the
County Alliance for Responsible Environmental Stewardship (CARES). The
CARES program recognizes with signage those farmers and ranchers who
have implemented BMPs and exhibited responsible environmental
stewardship. There are more than 80 CARES recipients in the Lake
Okeechobee Basin and more than 900 throughout the state.
Additionally, Florida Farm Bureau along with FDACS has also worked
with The Nature Conservancy in the development of a 4Rs fertilizer
certification program that's been incorporated into FDACS BMP manuals.
This program mandates the efficient use of fertilizer by requiring
applications be at the right rate, right time, right source and right
place. Along with CARES, the 4Rs program support BMAP goals and are
examples of agriculture's partnership and commitment to CERP.
For example, continued EAA agricultural production fits within the
framework of the Everglades Restoration Programs and CERP in terms of
water quality as well. EAA farmers have exceeded the state-mandated
goal of reducing phosphorus going into the Everglades by 25% for the
past 26 years, achieving more than a 55% reduction on an average annual
basis.
Farmers north of the Lake in partnership with the SFWMD have
implemented dispersed water management projects that hold water back on
thousands of acres on farms and ranches that will:
Provide valuable groundwater recharge for water supply;
Improve water quality and rehydration of drained systems;
Enhance plant and wildlife habitat; and,
Help sustain the local economy by incentivizing
landowners to provide greater environmental stewardship.
V. Recognizing the Rights of all Legal Water Users
The environment, agriculture, urban development, and people depend
on Lake Okeechobee for part or all of their water supply, in addition
to flood protection, navigation and recreation. The lake level is
maintained daily by the COE using the Lake Okeechobee Regulation
Schedule 2008 (LORS2008). The LORS2008 regulation schedule was
implemented by the COE in 2008 to facilitate the emergency
rehabilitation of the Herbert Hoover Dike surrounding Lake Okeechobee
and protect surrounding populations until the work was done. This new
regulation schedule lowered Lake Okeechobee's control elevation by one
and half feet, which resulted in a reduction of available legal water
supply from the lake to all its user groups, including the environment.
The schedule includes flexibility for the COE to operate the lake
at higher lake stages towards the end of the summer rainy season in
this tropical climate. Holding more water at this time of year both
decreases the amount of water being released to the Caloosahatchee and
St. Lucie Estuaries (``to tide'') and provides a vital water supply for
the dry season for use by the environment and permitted water users.
Lake Okeechobee is an integral part of the Comprehensive Everglades
Restoration Plan (CERP), providing flood protection, water supply,
environmental enhancement, and recreation/navigation to all of south
Florida including the remnant Everglades and Everglades National Park.
As the dike rehabilitation nears completion, the Corps is developing a
new Lake Okeechobee System Operating Manual (LOSOM).
Because the Lake is a part of CERP, it is critical that the Water
Savings Clause provided in the Water Resources Development Act (WRDA)
of 2000 remains part of the new LOSOM. The purpose of the Water Savings
clause was to provide assurances to all water users including the
environment that the same level of service as provided in WRDA 2000 and
authorized in CERP would continue. Therefore, any new regulation
schedule must meet all the requirements of CERP and the Central and
Southern Florida water management system, which includes the water
supply for farmers and ranchers.
The Florida Farm Bureau Federation and its farmer and rancher
members are staunch partners with local governments, water management
districts, state and federal agencies in this massive restoration
project and they are committed to the use of science-based BMPs.
Sticking to the entire CERP plan with the proper sequencing of projects
without deviation is paramount to the success of Everglades
Restoration. Projects already designed to improve water quality,
storage and the timing and distribution of water throughout the system
should take precedent over sub-regional initiatives that would result
in partisanship and delay. Disproportionately favoring any one
component or one region over the ecosystem as a whole and the entire
suite of projects needed to accomplish this effort would compromise the
integrity of this time-honored process.
VI. Conclusion
The Florida Farm Bureau Federation's commitment, along with all
private stakeholders and government partners, to environmental
stewardship and conservation is evident and indicative of the Florida
farmer's proactive leadership on water issues in the state through the
decades. Our collective and united approach to these tough issues has
paid dividends for the Florida resident in cleaning up our natural
resources, preserving a safe and abundant water supply, and protecting
the state's residents from the real and fragile threat of flooding. A
collaborative process must continue if we are to address these ongoing
challenges in a meaningful and effective way. Florida's farmers and
ranchers welcome that continued conversation.
Mrs. Napolitano. Thank you for your comments, Mr. Ritter.
And I would like to point out that nowhere are there any
mention of Native American water rights, which also go into the
equation. And I am sure that you are thinking of the water
quality for drinking water for the general Floridians. OK,
thank you very much.
Ms. Estenoz, you may proceed.
Ms. Estenoz. Thank you, Madam Chair, members of the
committee. On behalf of The Everglades Foundation board of
directors, I thank you for the opportunity to address the
committee today.
For 27 years, The Everglades Foundation has had one mission
and one priority: to see America's Everglades restored for the
benefit of the ecosystem, our economy, and future generations.
We are immensely grateful for the continuous support Congress
and, in particular, this committee, has shown the Everglades
over these many years. That tradition of support continues.
The Water Resources Development Act of 2020 confirms the
priority status of the Everglades Reservoir, requires
transparency in how precious Everglades water is divvied up,
and acknowledges the importance of reducing harmful discharges
of toxic algae into Florida's waterways, fisheries, and
communities. We congratulate Chairman DeFazio, Ranking Member
Graves, and the entire committee on the passage of a bipartisan
WRDA this summer. We hope that the Senate takes up your good
work and moves this bill to the President's desk as soon as
possible.
I look forward to today's discussion about protecting and
restoring the Everglades and estuaries. I am going to focus my
opening remarks on the shorter term topic of revising
operations to address harm being experienced in the Everglades
and estuaries.
Specifically, moving water from Lake Okeechobee to the
Everglades, particularly in the early dry season, should be
thought of as a current water management strategy, not just a
future restoration goal. Now, when I say early dry season, I am
generally talking about the months of December, January, and
February. And when I say wet season, I mean, generally, June
through November.
As we spend the next decade building restoration projects,
the Corps should use its other authorities to improve things,
especially to address serious--in some cases, irreparable--harm
in the Everglades and estuaries.
From this committee's perspective, it is important to
prevent conditions in the Everglades and estuaries from getting
worse before restoration infrastructure is complete. As the
committee knows, we currently have inadequate infrastructure to
move enough water south in the wet season.
Restoration projects like the Central Everglades Plan,
Tamiami Trail bridges, and the Everglades Reservoir are
critical updates to that infrastructure, and they represent the
long-term approach to securing south Florida's future. The
Everglades Foundation hopes that the White House and Congress
will invest aggressively in finishing these projects as soon as
possible.
Unlike in the wet season, however, in the dry season
existing infrastructure is rarely a constraint. Instead, in the
dry season, the constraint to flowing water south is the rules
that govern where water goes or doesn't go. So here's where the
short-term opportunity lies. Because we are nearing the
completion of the Herbert Hoover dike rehabilitation, the Corps
is revising the rules for operating Lake Okeechobee. It has the
opportunity to include in these new rules a proactive win-win
approach to addressing harm and achieving regionwide benefits.
Consider the fact that the Everglades needs to be wet all
the time, very wet in the wet season, a lot less wet in the dry
season, but wet, nonetheless. By allowing more of the water the
Everglades needs during the dry season to move south, peat
soils in the Everglades could stay wet longer, reducing soil
loss and carbon emissions through oxidation and fire. Aquifer
resilience for Palm Beach, Broward, Miami-Dade, and Monroe
Counties could improve. The lake could be brought down to
healthier and safer levels more frequently.
By moving water south early in the dry season, we will face
the subsequent wet season with more room in the lake to store
rainfall, a proactive approach to addressing the risk of
harmful discharges. Unfortunately, so far the Corps has said
that including this strategy is outside the scope of its
current rule revision. It is inexplicable that the Corps would
not adopt into the Lake Okeechobee rulebook a management
strategy that has the potential to help millions of south
Floridians, the estuaries, and America's Everglades.
Next to rainfall, Lake Okeechobee is the single most
hydrologically significant variable in south Florida.
Obviously, we can't control the rain, but we can control the
extent to which the lake can fluctuate safely. And we also
write the rules for moving lake water around the system. Until
new restoration infrastructure is complete, these are the most
significant things we can do to balance competing needs for
water supply and flood protection, and to protect people and
natural systems from harm.
In closing, the lake must be operated to reflect modern
values and the 21st-century Florida economy, not only as
restoration confronts the unintended consequences of our past,
but as we meet the demands of our present, and rise to the
challenges of our future. Thank you.
[Ms. Estenoz's prepared statement follows:]
Prepared Statement of Shannon Estenoz, Chief Operating Officer and Vice
President of Policy and Public Affairs, The Everglades Foundation
Madam Chair and Members of the Committee, my name is Shannon
Estenoz, and I am the Chief Operating Officer and Vice President of The
Everglades Foundation. On behalf of our Board of Directors, I thank you
for the opportunity to address the Committee today. For 27 years, The
Everglades Foundation has had one mission and one priority: to see
America's Everglades restored. We have worked to see form, function,
and resilience restored to a unique ecosystem that supplies drinking
water for millions of Americans and is the foundation of the tourism,
real estate, and recreation industries--all pillars of Florida's 21st
century economy. We are immensely grateful for the continuous support
Congress and, in particular, this Committee has shown the Everglades
over these many years.
That tradition of support continues in the current Water Resources
Development Act (WRDA) of 2020. The bill contains critically important
policy provisions clarifying the priority status of the Everglades
Reservoir, requiring greater transparency in the allocation of precious
Everglades water, and acknowledging the importance of reducing harmful
discharges of toxic algae into Florida's waterways, fisheries, and
communities. We congratulate Chairman DeFazio, Ranking Member Graves,
and the Committee on the passage of a bipartisan WRDA under extremely
difficult circumstances this summer. We hope that the Senate will take
that good work and move this bill to the President's desk as soon as
possible.
The topic of today's hearing highlights that it is not only
infrastructure, but also operational rules and water management that
have an enormous impact on Florida's environment and economy.
Traditionally, when Everglades advocates address this Committee, they
focus on infrastructure plans, projects, and investments, including the
Comprehensive Everglades Restoration Plan (CERP). But today, my focus
will be on water management operations--a topic central to the well-
being of the Everglades, Florida's 21st century economy, and to
ensuring Congress maximizes the return on its restoration investments.
Specifically, moving water from Lake Okeechobee to the Everglades,
particularly in the early dry season, should be considered a current
water management tool, not just a future restoration goal. As we spend
the next decade building restoration projects authorized by this
Committee, the state and federal governments should also be using other
authorities to improve conditions in South Florida. Existing
authorities offer opportunities to reduce risk for the often parched
Central Everglades, Everglades National Park, and Florida Bay, the
millions of water users who rely on aquifer systems recharged by the
Everglades, communities living in the shadow of the Herbert Hoover
Dike, and the communities along the Caloosahatchee and St. Lucie
estuaries who suffer from harmful discharges from Lake Okeechobee. We
know that in the long-term, infrastructure modified for Everglades
restoration and other programs will give us much greater flexibility to
balance the water-related needs of South Florida. But I am here today
to talk about what can be done immediately to optimize water management
operations to more fairly and equitably use the infrastructure we have
to distribute the benefits and the risks among the many competing
water-related needs in the region.
In 2018, Congress teed up the biggest opportunity we have seen in
12 years to do exactly this--the revision of the lake regulation
schedule, also known as the Lake Okeechobee Systems Operating Manual
(LOSOM). We are 18 months into that process, and from the beginning,
The Everglades Foundation and its conservation partners have asked the
U.S. Army Corps of Engineers (Corps) to include downstream Everglades
water needs in the revised operating rules. The Corps' response has
been that those needs are outside the scope of these revisions.
Frustratingly, the Corps seems to be stating that Everglades water
needs can only be met through the Everglades restoration program and
not through the Corps' other authorities. This is absurd on its face.
The Corps has broad authority under the Central and Southern
Florida Project to balance flood control, water conservation, saltwater
intrusion, preservation of fish and wildlife, and navigation. The Corps
has adopted a constrained interpretation of those purposes in writing
the rules for Lake Okeechobee operations. Now that the Corps is
rewriting the lake's rulebook, there is an opportunity for the Corps to
exercise authority more fairly, more sustainably, and more equitably.
The new rulebook needs to have an explicit option allowing water
managers to pull water from the lake for the Everglades during the dry
season. This will allow water managers to draw the lake down in advance
of the wet season, freeing up capacity in the lake itself and providing
downstream ancillary benefits like hydrating wetlands, recharging the
aquifer for urban water supply, and mitigating against fire risk in
Everglades National Park. In specific technical terms, in the Regional
Simulation Model (Basin) used in LOSOM, the flows sent south are not
directly linked to conditions in the Everglades, but instead specified
as flow to the Stormwater Treatment Areas (STAs). The Basin model
should use the Everglades demands from the Regional Simulation Model
(Everglades and Lower East Coast Service Area) to determine what, if
any, Everglades demands can be met from lake operations using the
infrastructure configuration assumed in the LOSOM process.
By refusing to consider the regional benefits of sending water to
the Everglades in the LOSOM process, the Corps is inexplicably failing
to add to their water management toolbox a powerful tool to better
balance and reduce risks associated with high water in Lake Okeechobee
and low water downstream in the Everglades. In other words, the
Everglades itself can help the Corps protect the Herbert Hoover Dike
from high water and coastal communities from harmful discharges with
relatively minimal investment.
Unlike most places in South Florida, the Everglades needs to be wet
all the time. It needs to be very wet in the wet season and less wet in
the dry season, but wet, nonetheless. This is not scientifically
controversial--peat soils in the central and southern Everglades formed
over thousands of years in wet conditions--drying out very rarely, if
ever. Today, there are Everglades peat soils that dry out every single
year. And when peat soils dry out, they can be lost through oxidation
or even catch fire, resulting in a loss of habitat, impacts to the
Everglades food chain, and increased carbon emission into the
atmosphere. We have a saying at the Foundation--``keep the Everglades
wet for `peat's sake.' '' While downstream infrastructure constraints
currently limit our ability to move a lot more water during the wet
season, projects like the Central Everglades Plan and Tamiami Trail
bridging have been incrementally reducing those constraints and will
continue to do so over the next decade.
Moving water south in the dry season, however, is not generally
constrained by infrastructure but, instead, by the rules that govern
operations, including Lake Okeechobee. In the early dry months
(December, January, and February), rainfall is typically low in the
region and water levels in the Everglades drop quickly. Falling water
levels in the Everglades is not inherently bad because water levels are
supposed to fall in the dry season. However, because of how we
currently operate the system, dry season water levels in the Everglades
often drop too quickly, particularly in Everglades National Park.
Because the Everglades has been cut off from Lake Okeechobee, there is
rarely enough water in the Everglades to last all dry season long. Here
is where the opportunity lies.
If the Corps allowed itself to consider moving water south to the
Everglades during the dry season as a water management strategy, doing
so could have multiple benefits throughout the system. Peat soils in
the Everglades would stay wet longer, which correspondingly helps to
improve recharge for the Biscayne aquifer, which is the primary
drinking water source for millions of Floridians. The corresponding
upstream benefit of keeping the Everglades wet is that the lake levels
would be lower, safer, and cleaner more often, thereby reducing dike
failure risk for communities south of the lake and discharge risk for
coastal communities east and west of the lake.
Lower lake levels are often characterized as posing grave water
supply risks. When evaluating such characterizations, a fundamental
point should be considered. Low lake water supply-related risks are
often unfairly evaluated against a status quo that is already sharply
skewed against the Everglades, coastal communities, and urban water
supply. The most obvious example of the unfairly skewed status quo is
that agricultural irrigation dominated in this area by sugarcane
currently enjoys water supply privileges from the lake that other
interests, including the Everglades and downstream urban water users,
do not enjoy. Just this past year, in December, January, and February,
water was held back in the lake and not sent to the Everglades, so that
agriculture users could receive 70 billion gallons from the lake in
March and April, lowering the lake by more than half a foot. While
agricultural users received all the water they wanted during the driest
time of the year, wildfires raged in parched areas of Everglades
National Park, and one of the two major canals supplying water to
Broward County, home to 2 million people, was rationed. It is obvious
to everyone who watches water management in South Florida that the
Corps' current rulebook hoards water in the lake in the early dry
season, primarily for the benefit of one user group, to the detriment
of downstream needs, and at an increased risk for many communities.
The status quo unfairly delivers most of the risk to downstream
users, including the Everglades and the coastal estuaries. But a lower
Lake Okeechobee re-balances those risks, albeit constrained by the
current infrastructure, and represents a more fair and equitable
approach to water management. To the extent that there are other low-
lake risks, the state of Florida could reduce them through its own
infrastructure investments, regulatory and policy decisions, and
operational refinements--examples include helping the City of West Palm
Beach, the City of Okeechobee, and the Seminole Tribe of Florida reduce
water supply risks posed by a lower lake.
The reality in South Florida is that, next to rainfall, Lake
Okeechobee is the single most hydrologically significant variable in
the region. The extent to which we operate the lake to fluctuate safely
and balance water demands is the most important variable we can control
to accommodate competing needs for water supply and flood protection.
The less the lake can fluctuate safely, the less storage the lake
provides, which we know has negative implications for many water-
related needs of the region. In 2020, the lake should be managed in a
way that best reflects modern values and the 21st century Florida
economy. There was an attempt this summer by certain interests to
convince this Committee and the Committee's counterpart in the Senate,
to insert language into this WRDA bill that would have expanded
decades-old water supply privileges. That language would have prevented
today's debate about what constitutes ``fair and equitable'' or
``optimal'' when it comes to operating Lake Okeechobee. We are deeply
grateful that both chambers rejected this approach, because Floridians
have a right to debate what ``balance'' means for Florida's water
future, not only as we confront the unintended consequence of our past
through restoration, but also as we meet the demands of our present and
rise to the challenges of our future.
For more than 20 years, this Committee has stood by Florida and by
America's Everglades as we have worked to align our infrastructure with
our values and our evolving economy. The Everglades Foundation is
deeply grateful and, as a science-based organization, we are determined
to identify and bring to government's attention every opportunity to
make things better for America's Everglades and for the people of
Florida in the long and short term. Thank you.
Mrs. Napolitano. Thank you for your testimony. And now we
will proceed to questions of the witnesses from the Members,
and we will, again, use the timer to allow 5 minutes of
questions from each Member. If there are additional questions,
we might have a second round. But I have another hearing on the
Salton Sea, which is very important in California, and thus I
will begin the questioning. And my first question goes to
Secretary Valenstein.
Does the State of Florida continue to support the goal of
full implementation of CERP?
Does the State see challenges in full implementation?
And what are some of the actions we can take to do this?
Mr. Valenstein. Thank you. We are absolutely committed to
the full implementation of CERP, and we are greatly
appreciative of our Federal partners.
Again, as I mentioned in both my written and oral comments,
we have seen a real surge of support for environmental issues
here in Florida, and water quality. We thank our delegation,
and we thank Congress for continuing to authorize projects in
WRDA, and continuing strong funding. Again, we have seen record
funding from this administration, and support from this
Congress, and that is absolutely making a difference here in
Florida.
I think you have heard from every presenter, right now is
the renaissance of Everglades restoration. We have projects
moving, we have groundbreakings, we are having ribbon cuttings.
And within the next 5 years, we will see a fundamental
difference of how water movement in south Florida works. And
that is to your----
Mrs. Napolitano. You mentioned in your testimony the
passage of Senate bill 712, the Clean Waterways Act, in June.
What does this law do to assess the challenges, and when will
it be enacted?
Mr. Valenstein. Sure, so one of the things we take very
seriously here in Florida, especially under Governor DeSantis,
is, as I mentioned in the testimony, we can't change the
dynamic in south Florida without fixing discharges from Lake
Okeechobee, which is a water supply and water control issue.
Aside from that, the State takes very seriously water
quality issues. And that is what this legislation was meant to
address, was to ensure that we were taking all the steps
necessary. And so this comprehensive legislation looks at each
of the sources of nutrients in Florida.
So for septic tanks, it moves those permitting programs to
the Department of Environmental Protection, and has us, for the
first time in Florida history, permitting septic tanks as a
source of nutrients. It enforces against sanitary sewer
overflows, with a 100-percent increase in penalties for
sanitary sewer overflows from utilities. It has us beginning to
modernize what was already a leading stormwater regulatory
structure in the United States, but it has us modernizing it
even more, to look at ways in which stormwater infrastructure
can capture and treat nutrients. And lastly, it has us taking
strong steps forward in the management of agricultural sources
of nutrients, with much greater inspection authority
enforcement against agriculture.
Mrs. Napolitano. And when will it be enacted?
Mr. Valenstein. It has been signed into law, it was passed
unanimously by both the house and the senate. As you were
mentioning, the broad bipartisan support----
Mrs. Napolitano. When will it be enacted, sir?
Mr. Valenstein. The legislation is already enacted, so it
unanimously passed. It is enacted. And then each element of it
is already moving forward.
So some items, such as the 100-percent increase in
penalties, were automatic. Others are beginning rulemaking now.
Mrs. Napolitano. Well, it will be good to see what is in
it, to be able to determine whether it is going to be
effective, and the way we would like to see everything work
together.
But I would like to ask you whether the National Academies
of Sciences has a role in the Everglades. I understand that
every 2 years they do an assessment of the progress on it.
Mr. Valenstein. Absolutely, Chairwoman. So we work with the
South Florida Water Management District, and have the
relationship----
Mrs. Napolitano. No, the National Academies of Sciences and
the Everglades, I understand that they do an assessment every 2
years.
Mr. Valenstein. Correct, and we are part of the funding
entity for that assessment, and contract with the National
Academies of Sciences. We greatly appreciate a rigorous science
review of our progress [inaudible] entity to do that.
As I mentioned, our Governor strongly believes in the role
of science, which is why he appointed the first chief science
officer for the State of Florida.
Mrs. Napolitano. Good. Thank you.
Mr. Ritter, I only have a short time. What technologies
have the farmers implemented to help with the water quality in
the farm runoff, and how long have they been implementing them?
Mr. Ritter. Yes, thank you for that question, and I would
like to make note that, yes, the Tribal entities, as well as
the agricultural entities, are very supportive of the CERP
process.
The EAA farmers have been implementing best management
practices for now the past 26 years. Those practices have been
improved through water management, through better water
management, through better nutrient management, through better
irrigation management technologies, and they have--actually,
their goal was 25 percent reduction of phosphorus moving south
towards the Everglades, and they have achieved that goal now
for approximately 26 years, and----
Mrs. Napolitano. Apparently, they need to do more, because,
apparently, that is a continuing problem with the
contamination. Thank you very much, sir. I appreciate it. I
must now go to my next speaker, Ranking Member Westerman.
Mr. Westerman. Well, thank you, Chairwoman Napolitano, and
thank you to the witnesses for your testimony today. It is very
informative.
And Madam Chair, I just wanted to point out that we
understand that--from some folks--that during Mr. Ritter's
testimony, that although we can see him on grid view now, that
he was not showing up across all platforms, due to potential
technological issues. And we just wanted to ensure everyone
that we could see him on some devices on our end, as we move
into questions. And we can see him now.
So, you know, as we consider the testimony today, and we
look back and it has been 20 years since the authorization of
CERP, I think everyone agrees that it is appropriate to take a
fresh look at that. And the stakeholders that we have here
today represent those who are most directly impacted by the
outcomes of the program.
You know, as I think about Lake Okeechobee I remember, as a
kid, watching Bill Dance's fishing shows on TV, and seeing the
big bass he was catching out of Lake Okeechobee. I have always
been fascinated by the wetlands ecosystem there, and that
phenomenal resource that you've got. And it is something that
is important to the whole Nation.
So I want to ask the panelists, what is the greatest
challenge lying ahead for CERP? If you could, outline one
challenge, and we will just go down the road.
And as a followup to that, what can Congress do about it,
outside of additional funding?
Mr. Valenstein. Sure, so I will start, thank you.
I think one of the most important things is removing
regulatory burdens, and so any options--and you saw this with
the authorization for the Everglades Agricultural Area--the EAA
Reservoir, where the State took a new approach to design the
project in an expedited manner, and then handed it over to the
Federal Government. I think options for us to look at
streamlining the partnership to allow us to get projects done,
ask the basic question of what is the shortest distance between
two points to get the project done, and functioning to protect
the environment and protect the economy.
And we look forward to working with this committee and
others to ensure that happens.
Mr. Westerman. Thank you.
Who wants to go next?
Mr. Goss. I would love to go next. And you mentioned
funding, and you said that was off the table. But funding----
Mr. Westerman. We all know that one.
Mr. Goss. I know, so I won't belabor that one.
But I will say one thing that I see is that the closer you
are to a project, the more urgency you feel. You have been down
to the lake, you have seen it. And sometimes we have a
problem--or not a problem, but an inconsistency with our
partner. And the Corps of Engineers, where the folks in the
Jacksonville District feel the sense of urgency we feel in the
State of Florida, that doesn't always trickle up inside the
Beltway.
And any help you can give us in helping folks inside the
Beltway understand a sense of urgency we have, so that we can
finish CERP, because we really want to finish it, and we are so
close. And I know the Jacksonville District is a tremendous
partner, and we are working very closely with them, and they
want to finish it, too. So I think we can do that. And
sometimes we need your help just to sort of instill that sense
of urgency within the Beltway.
Mr. Westerman. Thank you.
Mr. Ritter. This is Gary Ritter with the Florida Farm
Bureau Federation.
From our standpoint, we feel like one of the biggest
challenges with CERP is maintaining the wholeness of water
supply for municipalities, local governments, for Tribal lands,
and for agriculture while these projects are getting built and
after them getting built. So we feel very strongly that the
water savings clause that was enacted by Congress in 2000 is
extremely important to remain whole during the process and
after the process.
So that is one of the biggest challenges, and we think we
can provide that water, maintain the wholeness of everyone with
their water supply, and we can restore the Everglades and
protect that water supply, equally. So that is one of the
things that we see as the biggest challenge, outside of
funding.
Ms. Estenoz. Congressman, this is Shannon Estenoz, and my
response to that question is twofold.
First and foremost, I will echo Chairman Goss' point about
accelerating Corps of Engineers own internal processes. That,
in my experience, the most constant barrier has been the sort
of bureaucratic approach. I will give you an example.
In 2018, the Congress asked the Corps to do a 90-day report
on the Everglades Reservoir. It is now 612 days late. And so
that is a perfect, concrete example of what happens to us.
The second example I would give is more transparency when
comparing costs. WRDA 2000 goes some distance to help explain
to Floridians where water actually goes, who benefits, and who
doesn't benefit, but that lack of transparency keeps Floridians
from truly keeping account of costs, benefits, and risks.
Mrs. Napolitano. Thank you very much for your testimony.
I think your time is up, Mr. Westerman, and I think I will
head up to Ms. Mucarsel-Powell.
Ms. Mucarsel-Powell, you are on.
Ms. Mucarsel-Powell. Thank you so much.
First, I ask unanimous consent, Madam Chair, to enter my
statement into the record.
[Pause.]
Ms. Mucarsel-Powell. Yes?
Mrs. Napolitano. So ordered, yes.
[Ms. Mucarsel-Powell's prepared statement follows:]
Prepared Statement of Hon. Debbie Mucarsel-Powell, a Representative in
Congress from the State of Florida, and Vice Chair, Subcommittee on
Water Resources and Environment
I'd like to thank Chairman DeFazio, Subcommittee Chairwoman
Napolitano, Ranking Members Graves, Subcommittee Ranking Member
Westerman, and my fellow subcommittee members for holding this
crucially important hearing today.
Everglades Restoration is the largest ecosystem restoration project
in the world, and I cannot overstate its importance to South Florida.
Not only does the Everglades ecosystem provide drinking water to 8
million Floridians--over a third of the state's population, but it is
the backbone of our economy in South Florida, and it's an important
weapon in our fight against climate change.
Restoring our Everglades to a condition that somewhat resembles its
natural flow from 100 years ago is a monumental task that we've been
working on for two decades now, and we have at least another decade to
go.
The goal is to move more water south. Not east and west--where
residents too often face harmful algal blooms--but south, where the
water can flow naturally through vegetation and grasslands that clean
the water and then enter Everglades National Park to keep our wetlands
wet, and provide freshwater into Florida Bay.
I thank this Committee for its work to move this year's Water
Resources Development Act through the House. Not only does it authorize
additional CERP projects, but it includes provisions I fought for which
will expedite the competition of the Everglades Agricultural Area
Reservoir, increase transparency regarding water flows, and help us in
the fight against harmful algal blooms.
But we have so much more work to do, and we cannot wait another
decade or more to see improvements in our ecosystem. I look forward to
hearing our witnesses testify about the importance of moving water
south, and how we can do so in a holistic and efficient manner. I hope
today's discussion will shed some light on what else we can be doing to
improve South Florida's ecosystem so more Floridians can benefit from
the work that has already been done, and we can maximize benefits in
the years to come.
Ms. Mucarsel-Powell. Thanks so much.
First I want to say thank you to Chairwoman Napolitano,
Ranking Member Westerman, Chairman DeFazio, and Ranking Member
Graves. Let me just say that from the very beginning, when I
started in the 116th Congress, I have put Everglades
restoration as the top priority. And working closely with my
colleague, Brian Mast, and having bipartisan support, we were
successful in passing the Water Resources Development Act,
which actually addressed certain language in the bill that
would expedite Everglades restoration. And it is critical for
our environment, for the economy, for Florida.
And I am very proud to see that we have such a great group
of witnesses that really are representing all the different
groups, so that we can have this conversation, this debate, so
that the committee understands what we need to do, because we
support, absolutely, agriculture, and we don't want to have any
negative effects of protecting our environment, and then not
helping our farmers. Absolutely not. That is why we are having
this discussion here today.
It is so important to have a healthy Everglades. And I
don't want to talk too much about it, because I have been
talking about this for 2 years now. But, you know, the health
of our Everglades really provides us with clean drinking water.
About 8 million Floridians depend on a healthy Everglades for
our drinking water.
And it is also the backbone of our economy, here in south
Florida. It is definitely another weapon for us to help fight
against the effects of climate change.
So I want to start with a dear friend, one of my
constituents that I am very proud to represent. Thank you so
much, Elizabeth, for coming here today to the hearing.
You know, I met Elizabeth a few years ago, when I was
touring Florida Bay. This is before I came to Congress. And she
is a sought-after charter fishing captain here in the Keys, but
also such a prominent advocate for Everglades restoration.
Ms. Mucarsel-Powell. And if you can, take a look at the
images that I wanted everyone in the committee to see today.
[Slide]
Slide Submitted for the Record by Hon. Debbie Mucarsel-Powell
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Ms. Mucarsel-Powell. You will see images of our seagrass.
It is something that, like I said, Elizabeth brought to my
attention years ago, and something that she has been working
on. On the left you will see the healthy seagrass. On the right
you see dead seagrass floating on the surface of the water,
which is obstructing light. And these pictures were taken in
2015.
So, Elizabeth, I want to start with you. Can you explain to
us how you have seen the degradation and thousands and
thousands of acres of seagrass dying? Can you explain to the
committee the effects of that, not just for our economy, but
also to marine life, and why it is so important to make sure
that we protect seagrass in the Florida Bay?
Ms. Jolin. Thank you so much for the question. And I know
my time is limited. My favorite subject is seagrass, and I
could go on and on and on.
But the irony of this question and this issue with seagrass
is that it lies under the water. So if you were to come to
visit us here in the Florida Keys, and you sit on the beach,
and you look out, you would have no idea that there is a
problem. It is beautiful here. And yet, underneath the surface
of the water, when we have the death of seagrass, it affects
everything that relies on the water: all fish, all birds, our
mangroves. It becomes a crisis.
Here's a very specific example, and I will make this very
brief. In the fishing industry--and again, this isn't the most
important industry, but it is an example that we can talk
about--10 years ago, when you would come for a fishing charter,
we would go and we would promote you into fishing bonefish, red
fish. Today we talk about how fun it is to catch sharks and
barracuda, because that is what is prevalent in our water
because of this degradation of our resource.
When we have these higher species dominating the water, it
is unfortunate. And we, as a businessman, businessperson, we
are trying to run our charter business, and now we talk about
how great it is to catch a shark. What we really wanted to do
is catch these species that need a robust environment
underneath the surface of the water. It is one example to take
away today.
Ms. Mucarsel-Powell. Thank you----
Ms. Jolin. And might I----
Ms. Mucarsel-Powell [continuing]. Elizabeth.
And very quickly, because I am running out of time--I don't
know how we ran out of time so quickly--Shannon, if you could,
just tell us what the effects of dying seagrass has on our
economy, and also why it is so important to expedite Everglades
restoration for Florida.
Mr. Goss. Well, as you just heard from the fishing
community, it absolutely wipes it out when all of a sudden
sharks are the best fish you can go fishing for. So that is a
real problem for us, and it does impact the economy, because
sportfishing is one of the large drivers of Florida's economy.
So it does impact it.
And what we need to do is move that water south into
Florida Bay, and CERP allows us to do that. So the faster we
can get more moving with CERP, the faster we can get water to
Florida Bay to try and solve that seagrass problem.
Ms. Mucarsel-Powell. Thank you. I am out of time, Madam
Chair. Maybe I will have a second round of questioning later.
Mrs. Napolitano. Our timer is frozen, so we will have to
figure out how to keep time on it.
But Mr. Webster, you are on.
Mr. Webster. Thank you, Madam Chair, I appreciate you
hosting this committee, and for the opportunity to talk about
an awesome place in our world, and that is the Everglades.
First I want to just say I was in the Florida Legislature
for many years, three decades, and during that time, in the
mid-1990s--I think it was 1994--we passed Everglades Forever.
And that became sort of the start of the opportunity of doing
and being included in the WRDA 2000 bill. During that time, I
know that we had--and I am sad they are not here today, because
we had the Miccosukees and the Seminoles there, along with the
Corps of Engineers, and some of the cities and towns that are
around there that depend on the water from the lake.
Everybody was included. And I think the conclusion of the
discussions during those years was that--that I was involved
in--was the fact that we wanted to have everybody treated
equal. That is where this whole idea of a savings clause was
introduced.
And many people think it was agriculture, or it was
utilities, or somebody else that individually got that into
that particular bill in 2000 in the Congress. But it wasn't. It
was the State of Florida that demanded if it weren't in there,
CERP would not be approved. And that was way back, 20 years
ago, I think.
And so, that is where I am coming from. I want to see
everybody included, everybody a part of it, and no one
overtreated or undertreated.
So my first question is to Secretary Valenstein.
On April 15th, the Corps reported the RECOVER Lake
Okeechobee Stage Performance Measure, and that was approved,
and with scientists recommending that the minimum target level
of Lake O would be 12 feet. Do you see any reason to believe
that this analysis by these scientists was flawed in any way,
or draws any kind of incorrect conclusion?
Mr. Valenstein. Thank you, Congressman, and good to see
you.
Mr. Webster. Good to see you.
Mr. Valenstein. And I certainly appreciate your service,
also, in the Florida Legislature.
The discussion has been, as we work as a team to get large
infrastructure projects online to be able to better manage the
movement of water, and as we deal with the reality of algal
blooms on Lake Okeechobee, in that interim period of time, how
can we best serve all parties and avoid harmful discharges at
the same time?
And so I wouldn't say that I disagree with anything in that
analysis, but I also believe, where we stand today, we have to
continually reevaluate and look at every option we have to
avoid discharges from Lake Okeechobee. And that certainly
includes, very importantly at the moment, management of the
height of Lake Okeechobee.
And we appreciate the Army Corps of Engineers looking at
options to avoid discharges through different management of
Lake Okeechobee in the interim, as we wait for large-scale
projects to come online. And we believe we should, every day of
the year, be reevaluating, and not simply holding static on any
prior analysis.
Mr. Webster. Thank you.
Mr. Ritter, I have heard and read here suggestions made
that a single agricultural commodity is impacted by proposals
to----
[Audio malfunction.]
Mr. Webster. Wow. Anyway, I got to--here is a question.
Here is just--a single agricultural commodity would be impacted
by water shortages.
[Audio malfunction.]
Mr. Palmer. Madam Chair, can we suspend the gentleman's
time until we correct the technical difficulties?
Mrs. Napolitano. We are having technical difficulties,
everybody.
Voice. Mr. Ritter, if you could mute during the question.
[Pause.]
Mr. Palmer. Madam Chairman, would you restore the
gentleman's time?
Mrs. Napolitano. All right, sir, you are on. You have got a
minute, we have got about a minute.
Mr. Ritter. Yes, sir. I know that it is a misconception. It
is a misconception that there is one single agricultural
commodity down in the EAA. If my memory serves me correct, we
have sweet corn, we have rice, we have lettuce, cabbage, green
beans, radishes, along with sugarcane. And if you go up to the
northwest shore of Okeechobee you have cattle, citrus;
northeast you have avocados and mangoes. And I am sure there is
probably something that I have left out.
But, you know, those are crucial to the Nation's winter
food supply, and they feed roughly about 180 million Americans
every year. So no, there is not just one agricultural commodity
down there.
Mr. Webster. Do you know how many direct or indirect jobs
there are associated with that industry?
Mr. Ritter. I didn't quite get the entire question, I
didn't quite hear all of it. But I would say----
Mrs. Napolitano. The time has expired.
Mr. Ritter. I would say, in terms of direct and----
Mrs. Napolitano. Your time has expired, Mr. Webster.
If you will respond to the gentleman's question in writing,
I would appreciate it. I am sure the staff would appreciate it.
And we will go on to our next speaker.
Ms. Eddie Bernice Johnson, you are next. You are on.
Ms. Johnson of Texas. Thank you very much, Madam Chairman,
and thanks to all of our witnesses who are here.
I would like to ask unanimous consent to put my statement
in the record. And at this time I have no questions. I yield
back.
Mrs. Napolitano. Thank you very much. We will consider
those comments for the record.
[Ms. Johnson's prepared statement follows:]
Prepared Statement of Hon. Eddie Bernice Johnson, a Representative in
Congress from the State of Texas
Mr. Chairman, please allow me to thank you for holding this hearing
to examine various perspectives on water management and operations as
part of the Comprehensive Everglades Restoration Plan (CERP), as well
as current challenges to the system including water quality, algae
blooms, and impacts to the Everglades National Park and the Florida Bay
estuary.
From the blue-green algae overflows, hurricanes and floods, the
issues surrounding the Florida Everglades are immense and ongoing. The
committee is committed to tackling these issues and I look forward to
working with my colleagues, the Corps and leaders in Florida.
In Texas, we have our own water management issues that range from
flooding to providing clean drinking water for all of our communities
and neighborhoods. While water quality is primarily a state issue that
affects everyone including agricultural business and recreation, the
operation and restoration of the Lake Okeechobee, the heart of the
South Florida ecosystem, is the responsibility of the Corp. It is my
hope that we will be able to comprehensively address the needs of this
ecosystem that significantly contributes to the economy of Florida.
Mrs. Napolitano. We will move on to our next speaker, Mr.
Massie.
Mr. Massie, you are on.
Mr. Massie. Thank you, Madam Chairwoman. I yield as much of
my time as he might consume to my colleague and friend, Brian
Mast from Florida.
Mr. Mast. Thank you, Mr. Massie. I appreciate that greatly.
And thank you for holding this hearing, Chairwoman and Ranking
Member.
I like to think that this is the Erin Brockovich story of
my community, because this is how we are poisoned year after
year. And I don't want anybody to make a mistake. We are
poisoned. The Corps and the EPA have both stated the water that
we are discussing right now is ``toxic,'' to use their words.
Now, I negotiated this hearing during the committee
proceedings for the Water Resources Development Act, a bill
that is all about the Corps of Engineers and water projects,
because a number of important policies to benefit all of
Florida were stripped out of this bill in order to benefit one
industry. This was done in the late-night hours, after months
of bipartisan negotiations, Representative Mucarsel-Powell and
myself working on this and others.
The first thing that I want to say that was stripped,
reducing ecological harm to Everglades National Park and water
conservation areas. Now why, after us spending billions of
dollars to fix the Everglades, would we not be able to put into
that law--I got to ask it. I suspect it is because more water
for the Everglades means that the growers south of the lake,
those sugar-growing corporations, need to relinquish a death
grip that they have on Florida's water being for them first,
and everyone else second. That is why I think that happened,
personally.
The second provision that was stripped, protecting public
water supply was stripped out of that bill. Now, you might look
at that and say, you know, why did this happen? I can tell you
that in my State of Florida, sugar lobbyists for me, they
frequently disguise their death grip and their assaults on me
as an effort to protect public water supply, but that is what
it is. It is a disguise. It is a front.
When we wrote protect public water supply in law, they
fought and they had it stripped out. Another provision they had
stripped out. They opposed protecting the integrity of the
Herbert Hoover dike. We were not allowed to state in law,
``protect the taxpayer-funded dike that protects people, that
is operated by the Corps of Engineers.'' That is probably one
of the stupidest things that I have heard since being in
Washington, DC. And beyond this, God forbid that I ask the
Corps not to send toxic water into my community.
Now, there is a complicated patchwork of infrastructure, an
even more complicated policy about where to move water, when to
move water. And while all of the policies may be complicated,
the goal is simple. It is use taxpayer dollars to store water
for irrigation south of Lake Okeechobee, then demand that my
community be the flood control for when too much water is
stored, that we be the septic tank for this private water
reservoir. And that is the problem.
This is wrong. My community is not going to be an
afterthought. We are not going to be flood control for U.S.
sugar or anybody else. Just because they want to keep Lake
Okeechobee artificially high, as Mr. Ritter has stated in his
written and spoken testimony, even though it hurts the rest of
Florida.
Now, when the Army Corps has discharges to my community,
they often test more than 60 times too toxic for human contact.
However, it has been stated that every year since 1982 those
that have needed water have gotten every drop of water that
they need. My community, 9 of the last 12 years, have gotten
toxic discharges. So 3 out of every 4 years we are getting
poisoned because too much water is stored on that lake in the
winter, when the Everglades need it, the Caloosahatchee needs
it, other places need it, and there is more than enough water
to go around for all of those water users.
I say that this is the political equivalent to Stockholm
syndrome, continuing to manipulate water policy to benefit
those that are holding our State hostage right now. Again,
winners versus losers.
I would say this also. In 2019, the Army Corps of
Engineers, they changed the way that they managed Lake
Okeechobee in the dry season, dropping its levels down before
hurricane season. That makes sense to everybody. So the
Everglades got more water in the dry season. The dike was
protected, which the Corps needs to do. My community wouldn't
have to get used as a sewer and get toxic discharges. And it
worked. They allowed the lake to recess naturally, everybody
got the water they needed, we avoided discharges, even with a
category 5 hurricane on our shores.
So it brings me back to WRDA, where for months we worked on
this bipartisan deal to improve dry season water management in
Florida, rebalance the scales in favor of all of Florida's
people, but it was not allowed to happen at the last minute.
There is a lot at stake here.
This hearing is important. Florida's future, Florida's
economy, Florida's environment, Florida's safety and public
health: that is why this hearing is so important. And it is why
we have to fight to protect water supply, stop those toxic
discharges, and defend our communities.
And in that I will yield back to you, ma'am. Thank you for
your time.
Mr. Massie. And I yield back, as well.
Mrs. Napolitano. Thank you, Mr. Massie.
Thank you, Mr. Mast, and then we have next Mr. Palmer.
You are on. You are recognized.
Mr. Palmer. Thank you, Madam Chairman.
Mr. Goss, there are two projects that are part of the
Comprehensive Everglades Restoration Plan, the Western
Everglades Restoration Project and the Lake Okeechobee
Watershed Project that are being studied by the Corps of
Engineers, who isn't exactly known for expeditiously completing
studies. Do you have any idea when those studies will be
completed?
Mr. Goss. No, sir, I don't. You would have to ask the Corps
that.
Mr. Palmer. What benefit would completion of those two
projects have, in terms of Everglades restoration?
Mr. Goss. They would be helpful, because CERP is a big
puzzle, and we are putting the puzzle pieces together slowly,
so every piece of it helps so that we can ultimately move more
water south and stop the harmful discharges that Congressman
Mast was just talking about.
Mr. Palmer. Madam Chairman, I yield the balance of my time
to the gentleman from Florida, Mr. Mast.
Mr. Mast. Thank you for yielding to me. I appreciate that
greatly.
Mrs. Napolitano. You are recognized.
Mr. Mast. Thank you, ma'am.
Mrs. Napolitano. Thank you.
Mr. Mast. I want to go to Mr. Ritter.
And again, if you could leave your microphone off until we
begin, I know we have been having some issues.
I represent farmers, as well. I care about them. They are
friends of mine. I believe in the legal rights of all water
users. You stated that in your written testimony. You spoke
about the rights of all legal water users.
You asked in your written testimony and spoken testimony
about higher water for Lake Okeechobee, higher levels. You
spoke about that in different ways. And I want us to have a
real conversation about this, because it is important for both
of us, and a number of other people in Florida.
And my question to you is this. When we talk about rights
of water users, I would like to think that my community and my
environment--you wrote about both of those things--have the
right to not be poisoned. And every other community, as well.
The Everglades has the right to water. Your farmers and
everybody else, they have a right to water. That is the truth.
But what I want to ask you is, where does the right to
water end? At what point does that end, where you have to hurt
somebody else, somebody else has to be your flood control to
keep that water higher, as you asked for?
And that is an honest question. Where does the right to
having more water end?
Mr. Ritter. Congressman Mast, first of all, I appreciate
your passion. I know you and I have probably spoken on a couple
of occasions.
I just want to reiterate that the Florida Farm Bureau
Federation represents more than 300 commodities. We have worked
with municipalities, and I don't think we are really saying--
and maybe we are saying the same thing--I don't think we are
really advocating for higher lake levels. I think we are
advocating for more of a balanced approach to lake levels.
And I think what we are asking for is the water supply
rights that we have been permitted for. And there is a number
of agriculture not only south of the lake, but in the Lake
Okeechobee service area that has permitted water through the
water management district. And that is----
Mr. Mast. Where does it----
Mr. Ritter. That is all----
Mr. Mast [continuing]. End, though, sir?
Mr. Ritter. That remains----
Mr. Mast. At what point of hurting somebody else----
Mr. Ritter. We are just asking for that to remain whole.
Mr. Mast. At what point of having to have toxic--literally
toxic, I could submit for the record from the EPA and the Corps
of Engineers, they said the water that gets discharged is
toxic--at what point of asking for more water--because you did
ask for that in your spoken testimony, going back to previous
higher levels, and you wrote it in your written testimony--at
what point does that say, listen, we are hurting other people,
we are stepping on the Everglades, the Caloosahatchee, and
other communities have to get toxic discharges to have higher
waters on that lake. At what point to you does that right end?
Mr. Ritter. Again, we are not asking for higher water on
the lake. And when we get that water supply, remember, that
goes south. That does not go east or west. We, the farmers down
in the EAA--I think maybe even Shannon referred to 70 billion
gallons during the springtime. But if you look at that, based
on the 450,000 acres, irrigated acres down there, in my mind,
that is a pretty efficient use of water, and you are really not
getting any of that.
Mr. Mast. So----
Mr. Ritter. You are----
Mr. Mast. Sir?
Mr. Ritter. You are getting--remember, the Kissimmee
River----
Mr. Mast. Sir?
Mr. Ritter [continuing]. Is the----
Mr. Mast. In an effort to get an answer, let's speak about
this ambiguously, then. I won't say ``you.'' In an effort to
get an answer----
Mrs. Napolitano. Mr. Mast, your time is up.
Mr. Mast. No problem, ma'am. Yes, ma'am.
Mrs. Napolitano. Yes. Mr. Palmer, thank you very much for
yielding to Mr. Mast.
And now, Mr. Mast, you are on for 5 minutes.
Mr. Mast. Thank you, ma'am. I appreciate you recognizing
me.
So let's continue on this, sir. We will speak about this
ambiguously. At what point does the right of somebody to ask
for more and more water end, if somebody else has to get hurt
to do it?
My community has to get hurt in order for more water to
stay on Lake Okeechobee because hurricanes come, the dike gets
put at risk, even though we weren't allowed to say protect it
in our recent bill. At what point for anybody does that right
end to ask for more water? Should it end if you have to hurt
somebody else to do it? Not you, anybody.
Mr. Ritter. Again, Mr. Mast, I really appreciate your
question, but the agriculture all around the lake is not asking
for any more water. It is simply asking to remain whole with
the permitted water that they have received from the water
management district.
Mr. Mast. Right, which is why I am asking. Let's talk about
this ambiguously, sir. When does the right for somebody to
demand or ask for more water end? Does that right end if you
have to hurt somebody else to get it?
Does the right for more water for somebody end if you have
to hurt somebody to get it? Does that right end?
Mr. Ritter. Again, Congressman Mast, with all due respect,
we are not asking for any more water. We are just asking for
our permanent allocation that we have received from the water
management district that--it is based on permitting, just like
any municipality would get permitted, just like any development
would get permitted. We are not asking for any more water. We
are just asking to remain whole.
Mr. Mast. It sounds like we are not going to get an answer
to that question.
I want to take a moment and submit, Madam Chairwoman, a
couple of things for the record.
One is an email from----
Mrs. Napolitano. So ordered.
Mr. Mast [continuing]. The day of that hearing from the
Florida Sugar Cane League stating this: ``strongly opposed to
all amendments that affect Lake Okeechobee and its surrounding
areas.'' I would like to submit that for the record. That is an
email that went out that morning from the Florida Sugar Cane
League.
Mrs. Napolitano. So ordered.
[The information follows:]
Email of July 15, 2020, from Ryan Weston, Florida and Texas Sugar Cane
Growers, Submitted for the Record by Hon. Brian J. Mast
From: Ryan Weston
Sent: Wednesday, July 15, 2020 [XXXX]
To: [XXXXXXXXXXXXXX]
Subject: WRDA--OPPOSE all except the Manager's amendment
Dear [XXXXXX],
The Florida Sugar Cane League (FSCL) is strongly OPPOSED to all
amendments that affect Lake Okeechobee and its surrounding areas. The
FSCL will NOT oppose the manager's amendment negotiated by Committee.
The FSCL is greatly concerned that amendments filed in the last few
days impact not only our employees, communities and farms BUT also
numerous Congressional districts and dozens of stakeholders that were
not consulted.
Because it impacts such a large portion of South Florida, water
legislation has traditionally been negotiated by all affected Members
so that there is consensus and agreement.
Congressman Webster worked diligently with Chairman DeFazio,
Subcommittee Chairwoman Napolitano, Ranking Member Graves, Subcommittee
Chairman Westerman, Committee staff and Congressman Spano to reach
agreement on the manager's amendment. We greatly appreciate those
efforts and all of the Members who assisted.
Sincerely,
Ryan Weston,
Florida and Texas Sugar Cane Growers.
Mr. Mast. I would also like to submit what was the
bipartisan agreement that we had worked on prior to that,
discussing ecological harm to the Everglades, protecting the
Herbert Hoover dike, protecting public water supply. I would
like to submit that for the record, as well. I appreciate that.
Mrs. Napolitano. So ordered.
[The information follows:]
Bipartisan Agreement in Drafting the Water Resources Development Act of
2020, Submitted for the Record by Hon. Brian J. Mast
Sec. 3xxx. Lake Okeechobee Regulation Schedule.
(a) In General.--The Secretary shall manage the operation of Lake
Okeechobee during the dry season to prioritize and balance:
(1) reducing ecological harm to Everglades National Park and the
Water Conservation Areas, including reducing the risk of wildfires and
soil loss;
(2) reducing the likelihood of releasing harmful algal blooms
and ecologically damaging water flows during the wet season from Lake
Okeechobee to coastal estuaries;
(3) contributing to ecologically beneficial dry season flows to
the Caloosahatchee Estuary;
(4) protecting the integrity of the Herbert Hoover Dike;
(5) protecting public water supply by supporting the recharge of
the surficial aquifer system; and
(6) supporting the maintenance of water levels in coastal canal
systems to address the threat of saltwater intrusion.
(b) Additional Considerations.--In carrying out its review of the
Lake Okeechobee regulation schedule, pursuant to section 1106 of the
Water Resources Development Act of 2018 (132 Stat. 3773), the Secretary
shall evaluate the implications of prohibiting releases from Lake
Okeechobee through the S-308 and S-80 lock and dam structures----
(1) on the operation of the Lake in accordance with authorized
purposes; and
(2) on the integrity of the Herbert Hoover Dike.
(c) Coordination.--The Secretary shall, to the maximum extent
practicable, coordinate with Federal and State agencies responsible for
monitoring and notification of water quality pollutants, including
cyanobacteria levels, in Lake Okeechobee.
(d) Considerations.--Nothing in this section shall be construed
to:
(1) limit the State of Florida's authority to allocate water
under state law or restrict the State of Florida's authority to
prioritize and distribute water while in the water shortage management
band or range identified in the Lake Okeechobee operating regulations,
manuals or plans;
(2) alter or amend the State of Florida's obligations to meet
water quality standards in the Everglades Protection Area or on tribal
lands;
(3) alter or amend the State of Florida's obligations under the
Water Rights Compact Among Seminole Tribe of Florida, the State of
Florida and the South Florida Water Management District;
(4) alter the obligations of the Secretary under federal
environmental law; or
(5) alter the obligations of the Secretary to provide flood
protection under existing authorities.
Mr. Mast. I would ask this question to you, Mr. Goss, and
to the others on this panel. Maybe you could answer that
question to me. When does the right for somebody to ask for
water end? Does it end if you have to hurt somebody else in
order to get it?
[Microphone unmuted]
Mr. Mast. Madam Chairwoman, I think you are not muted.
Mr. Goss. I am sorry, Congressman Mast, was that to me?
Mr. Mast. Yes, certainly to you, Chairman Goss, but to the
other panelists, as well. Does that right to ask for water,
more water, end if you have to hurt somebody else to do it?
Mr. Goss. I don't know the specific answer to that, but I
do know that our consumptive use permits do state that you
don't get water when there is a drought, you are not guaranteed
to water. And there is a beneficial use associated with that.
So that may be sort of a backwards answer to your question.
Ms. Estenoz. Mr. Mast, this is Shannon Estenoz. What I
would say follows up on Chairman Goss' point.
In the State of Florida you don't have a right to water.
You have a permitted use that stops where your use is causing
harm to the resource. It is called the No Harm Standard. And
you don't have a right to use water under a permit if it is
causing harm.
And what is happening here is that the current rules, they
tend to do two things. They tend to hoard water in the lake
during the dry season, particularly the early dry season, they
hoard water in the lake so that it is available primarily for
the Lake Okeechobee service area late in the dry season.
Mr. Ritter referenced the 70 billion gallons, as if it were
a reasonable amount of water. But you need some context for
that. Seventy billion gallons, first of all, is a half a foot
off the lake. It is little more than half a foot off the lake.
In the 7 months prior to that 70 billion gallons being taken,
Everglades National Park and the Central Everglades were given
basically zero water, to the point that Everglades National
Park, by April, caught on fire because water had dropped 2\1/2\
feet before the ground surface.
And one of the two major canals going into Broward County,
my home county, population 2 million, was being rationed. And
yet March and April, the Everglades Agricultural Area took that
70 billion gallons of water. And those were conditions,
Congressman, that were moderate to mild drought, not even a
severe drought, and we suffered those kinds of impacts.
Mrs. Napolitano. Your time is up, Mr. Mast.
Mr. Mast. Thank you, Chairwoman.
Mrs. Napolitano. I thank--you are very welcome. I thank you
for your--all your participation.
And I would like to add just a little bit of my own
concerning water. You talk about permitted allocations. In
California we have an issue, too, because it is wet water and
it is paper water. What was allocated is not necessarily what
you are going to get, because of the change in climate,
whatever the reason, it is not the same. So we have to take
into consideration all those climate changes, and the right of
people with the water, and how much water goes into areas that
are not getting water, especially if it is not the quality of
water that people deserve and should be protected.
So I thank you, everybody, for your testimony.
I ask unanimous consent that the record of today's hearing
remain open until such time as our witnesses have provided
answers to any questions that may have been submitted to them
in writing.
Mr. Westerman. Madam Chair?
Mrs. Napolitano. Yes, sir?
Mr. Westerman. We have Representative Gonzalez-Colon on the
meeting, and I don't think she ever got recognized.
Mrs. Napolitano. Miss Gonzalez-Colon?
Miss Gonzalez-Colon. Yes, ma'am.
Mrs. Napolitano. OK. Oh, I see. Where are you? I don't see
you on--oh, there you are, Jenniffer. OK, you have 5 minutes,
ma'am.
Miss Gonzalez-Colon. Thank you, Madam Chair. I would like
to yield my time to Representative Brian Mast.
Mr. Mast. Thank you, Representative.
Mrs. Napolitano. Mr. Mast, you are on.
Mr. Mast. Thank you, Miss Gonzalez-Colon, I appreciate
that.
Since I have another moment here, is Noah Valenstein still
on? I see his video cut off, but I don't know if that just cut
off for a moment. Do we still have Secretary Valenstein on?
Mr. Valenstein. Yes.
Mr. Mast. I hear it now.
So, Secretary, I would ask you, as well.
I have submitted for the record here the comments from the
EPA noting what is toxic on Lake Okeechobee.
Madam Chairwoman, you spoke initially in your comments
about possibly creating harmful algal blooms with these
discharges. I need to correct a mistake, in that it can create
situations for harmful algal blooms, but what I am speaking
about specifically in my questioning are the algal blooms that
are already present on this freshwater lake that reach a level
many times--60 times--too toxic for human contact, according to
the EPA and the Corps of Engineers, and those being taken out
of that separate body of water, and then dumped into my
community. That is the specific piece that I am speaking of.
So, Secretary Valenstein, I would ask you, as well. Can you
make any confirmation of toxicity levels during those
summertime months at different times of water on Lake
Okeechobee?
Mr. Valenstein. Absolutely, and thank you, Congressman
Mast, for your work to help us work with our Federal partners,
and reevaluate opportunities to make sure we are not having
harmful discharges to our coast. Certainly, that was a
conversation that came up during Governor DeSantis' Transition
Committee, where you chaired the environmental portion of that,
and something that the Governor is laser-focused on, too.
As you know, Lake Okeechobee and the whole ecosystem was
dramatically altered by the Army Corps of Engineers in a
misguided attempt decades and decades ago, believing the
wetlands were not something we should have. We now recognize
that was an absolute mistake, and are trying to rebuild the
system. But that has had devastating consequences to how Lake
Okeechobee accepts and is able to release water at the moment.
Certainly throughout the summer months, we are seeing
algae-producing microcystin levels on a regular basis, up to 20
parts per billion. The highest we have seen this year, we
recorded in the center of Lake Okeechobee one sample that was
800 parts per billion around June 13th. And so there are
absolutely significantly high levels of microcystins that have
been produced.
And certainly, while we are working on water quality
surrounding Florida--and you have seen, as there haven't been
releases from Lake Okeechobee, and with the investments that
this Governor is making, we are making progress in water
quality throughout Florida--but, with the flip of a switch,
that can all be overcome by releases from the lake.
And so as we bring projects online, as the State works on
water quality issues outside of larger movement of water, which
is Corps projects that the State is working with, cooperative
management of the lake--keep in mind the impact those
discharges have is critical. And so this is the second year we
are in that the Corps has looked at ways to, hopefully,
minimize discharges. We strongly support that, and look to do
anything we can to support that.
Mr. Mast. Thank you, Secretary Valenstein. You just said
something very important. The EPA's recommended numbers where
humans shouldn't come in contact with those toxins that you
noted there are 8 micrograms per liter, or 8 parts per billion.
I have a bill that I worked to get in the recent Water
Resources Development Act that asked not that the Corps end all
discharges into my community, but said when it reaches the
level of toxic. When it reaches the level of toxic. Can we at
least say that? Don't discharge the water when it is poisonous
into my community.
You just said that at one point this summer it was 800
parts per billion. EPA said, if you are a human, don't touch it
over 8 parts per billion. That is an important distinction.
If we would have started this summer at 12\1/2\ feet, where
I believe is where Mr. Ritter wants to start this summer's lake
levels, instead of down at 11 feet, we would have been having
discharges of those toxic waters by July 4th, all the way into
August, all the way into September, and all the way right up
until today, had we not worked with those lower lake levels.
Lower lake levels work to get the Everglades water, the
Caloosahatchee water when they need it, protect the Herbert
Hoover dike, which means protecting those people that live in
those communities around the dike, and protecting communities
from toxic discharges.
So, again, I want everybody to get every single drop of
water that they need. But I have to stand firm in saying we
cannot go out there and make water promises when it means
having to poison another community to do so.
And in that I thank you for yielding me your time, Miss
Gonzalez-Colon, and Madam Chairwoman.
Mrs. Napolitano. You are welcome, Mr. Mast. And now I
believe we have Mr. Carbajal waiting to be speak.
You are on, Mr. Carbajal.
Mr. Carbajal. Thank you, Madam Chair. I would like to yield
my time to Representative Mucarsel-Powell.
Ms. Mucarsel-Powell. Thank you so much, Representative
Carbajal. Yes, my time was cut very short.
And as you can all hear, the passion in my colleague,
Representative Mast, and also in my voice, it is because we are
trying to find solutions for everyone, all the stakeholders in
Florida.
So then, my first question, very quickly, yes-or-no answer
to all of the panelists that are here with us this morning: Do
you think that the status quo as it stands today, the way that
the lake is being managed, is acceptable?
Ms. Jolin, Elizabeth?
Ms. Jolin. No.
Ms. Mucarsel-Powell. Ms. Estenoz?
Ms. Estenoz. No, Congresswoman.
Ms. Mucarsel-Powell. Secretary Valenstein?
Mr. Valenstein. I don't believe in the status quo.
Ms. Mucarsel-Powell. Chairman Goss?
Mr. Goss. No. As I said in my opening remarks, the status
quo has to change.
Ms. Mucarsel-Powell. Thank you. Mr. Ritter?
Mr. Ritter. That is a tough question, but I would say the
way it is being managed right now is----
Ms. Mucarsel-Powell. It was what? What was that?
Mr. Ritter. I would say the 12 to 15, how the lake has been
managed in the past, we agree with that.
Ms. Mucarsel-Powell. You agree with that? And so you are
the only----
[Audio malfunction.]
Ms. Mucarsel-Powell [continuing]. That the status quo is
acceptable.
So we have all of you here this morning so that we can
listen to each other and try to find ways to manage the lake so
that we don't poison communities to the east and west of Lake
Okeechobee, so that we can find ways to get that water flowing
south.
Mr. Ritter, you mentioned in your testimony that completing
CERP was incredibly important, and that is why we have all been
working together to try to expedite this.
You also say in your testimony that it is important to
comply with the sequencing outlined in the Integrated Delivery
Schedule.
But according to the IDS, CERP won't be completed for
another 10 years, at a minimum. And I can tell you that in my
area down here in south Florida, we can't wait that long for
relief. And I know that in other areas it is the same.
So what do you suggest, Mr. Ritter? What do you think we
need to do to get more water flowing south during the dry
season, before CERP is completed?
Mr. Ritter. Well, I think the water management district and
the Corps of Engineers have already started doing that. I mean,
they have worked on increasing the Tamiami Trail and the flow
underneath the Tamiami Trail.
I think one of the things that you have to be careful about
in relying on nature, especially if you bring the lake down to
11 feet, is if you don't get the wet season rainfall. Then you
run the risk, when you come around to the next fall and winter
coming, if you have a drought, then nobody has any water, and
we are all under a water shortage situation.
I come from a small community----
Ms. Mucarsel-Powell. Quickly, because I have such a short
time.
Mr. Ritter. I know, I apologize. I am very passionate about
it, too, like Representative Mast. I apologize.
Ms. Mucarsel-Powell. Yes, Mr. Ritter, very quickly, is your
stance that you support that we need to get more water flowing
south?
Mr. Ritter. Obviously, yes. I mean, we all feel--
agriculture, along with everyone else, is on board with CERP
and comprehensive Everglades restoration, but we have always
been there. We have been there from the very beginning. And,
you know, we have actually, more than any one entity, we have
provided over 100,000 acres of land for----
Ms. Mucarsel-Powell. Thank you.
Mr. Ritter [continuing]. CERP south of the lake.
Ms. Mucarsel-Powell. Thank you, thank you. I appreciate
that.
Ms. Estenoz, can you talk a little bit about why the status
quo can't remain, and what are some of the solutions that we
need to be talking about, so that we can stop discharging these
toxic algae blooms that are going into the east and west of the
river, but at the same time find some sort of solution for us
down here, so that we can restore the Florida Bay?
Ms. Estenoz. I think operational flexibility is key, and a
couple of witnesses have said that. It is not enough just to
build infrastructure, that is the first step. The second step
is to operate it for the benefit of all.
The harm being experienced in your district, Miami-Dade,
Monroe County, and the harm experienced in Mr. Mast's and Mr.
Rooney's districts, those are measurable, and real, and
perceptible.
Twelve years ago, when you looked at the last time the
Corps rewrote the Lake Okeechobee operating rules, there is
some information there that firmly pointed out that they
actually--the last time they could actually document economic
harm to the agricultural area we are talking about due to water
management or drought was 1982. Congresswoman, I was 14 years
old. The last time the Everglades suffered from water
management was, you know, an hour ago. It will be tomorrow. The
last time we suffered from drought and dry season in the
Everglades, and the Biscayne Aquifer resilience took a knock,
was this last dry season.
So when the Farm Bureau says they--you know, we have
[inaudible] that we have to benefit everyone, I 100 percent
agree. We want to rebalance not 10 years from now, but let's
incrementally make things better at every possible opportunity
we can.
Mrs. Napolitano. The time has expired.
Ms. Mucarsel-Powell. Thank you so much. Thank you----
Mrs. Napolitano. Ms. Mucarsel-Powell, I am sorry, but your
time has expired. I let you run a little longer than normal.
But I am sorry to cut you off, Shannon.
I would like to ask unanimous consent that the testimony of
the Friends of the Everglades be submitted for the record.
So ordered.
[The information follows:]
Statement of Eve Samples, Executive Director, Friends of the
Everglades, Submitted for the Record by Hon. Grace F. Napolitano
Dear Chair Napolitano, Ranking Member Westerman, and honorable
members of the subcommittee:
On behalf of Friends of the Everglades, founded by Marjory Stoneman
Douglas in 1969, and Center for Biological Diversity, which joins us in
this testimony, thank you for conducting today's hearing on the world's
largest environmental restoration project--the Comprehensive Everglades
Restoration Plan--and the inextricably linked challenge of water
management in Florida.
This is a timely and urgent matter for some 9 million residents who
live in the 16-county Greater Everglades ecosystem, reaching from
Orlando south to the Florida Keys. As you sit today, Lake Okeechobee's
water levels are rising and the Army Corps of Engineers has warned
coastal communities that polluted discharges from the lake to the
Caloosahatchee and St. Lucie Estuaries may be forthcoming--again.
It's been only two years since Florida's historic toxic-algae
blooms of 2018 that killed marine life, threatened human health, and
hamstrung businesses on the state's southeast and southwest coasts.
That crisis followed a similarly disastrous toxic-algae bloom in 2016,
which was preceded by decades of periodic Lake Okeechobee discharges
that damaged ecosystems and businesses along the northern estuaries.
Even when toxic algae is not present in Lake Okeechobee water, massive
discharges to the St. Lucie and Caloosahatchee are harmful because they
deplete salinity levels and carry phosphorus, nitrogen and sediment to
the delicate estuarine systems. While water sent south to the
Everglades must be cleaned, the water discharged east and west is
entirely untreated.
The crisis of too much water for the northern estuaries is
especially confounding because the southern end of the Greater
Everglades ecosystem receives too little water during the dry season.
Parts of Everglades National Park burned this spring \1\ during the dry
season, while Florida Bay, south of the park, regularly suffers from
hypersalinity due in part to lack of freshwater from the north. The
solution, as identified in CERP, is to store, treat and send more water
south from the lake to the Everglades. The EAA Storage Reservoir aims
to address this problem--but, unfortunately, its reduced scale calls
into question whether it will be effective in mitigating the Army
Corps' harmful discharges from Lake Okeechobee and sending clean water
to the southern Everglades.
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\1\ https://www.usatoday.com/story/news/nation/2020/04/28/
everglades-wildfires-if-coronavirus-restrictions-lift/3030271001/
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We are grateful that the Army Corps and South Florida Water
Management District have, since 2019, demonstrated new willingness to
protect residents and ecosystems from toxic algae by modifying Lake
Okeechobee operations and finding new places to store water south of
the lake. However, the gains have been only incremental.
All of the factors that caused the 2018 toxic-algae crisis continue
to exist today. In our testimony, we will outline potential near-term
and long-term solutions for saving the only Everglades in the world,
protecting the health of residents who live near it, and ensuring this
vital ecosystem remains an economic engine for the state of Florida.
The Everglades ecosystem and CERP
Over the past century, half of the greater Everglades has been lost
to development. The remnants of the system have been drained,
channelized and otherwise manipulated in the name of flood control and
water supply, resulting in too little water to Everglades National Park
and Florida Bay, and too much water to the northern estuaries that
serve as relief valves for Lake Okeechobee: the St. Lucie and
Caloosahatchee estuaries, as well as Lake Worth Lagoon.
What's left of the Everglades is severely degraded. Water remaining
in the system has been polluted by phosphorus, nitrogen, mercury, and
other contaminants introduced by agriculture, urban development, and
industry.\2\
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\2\ https://www.nap.edu/read/25198/chapter/1#xi
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When Congress passed CERP 20 years ago, it was with the recognition
that significant action was needed to salvage the Everglades. We are
still waiting to see on-the-ground results.
The cost of the 68 authorized CERP projects increases with each
passing year. From 2020-2030, an estimated $7.4 billion will be needed
for total South Florida Ecosystem Restoration Construction, which
includes CERP and other Everglades-related projects.\3\
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\3\ https://evergladesrestoration.gov/content/ids/meetings/091720/
IDS_2020_Update_
Public%20Workshop.pdf
---------------------------------------------------------------------------
A former Friends of the Everglades executive director once said,
``The Everglades is a test. If we pass, we may get to keep the
planet.'' Given the poor water quality and toxic algae blooms we've
witnessed in recent years, it is difficult to claim we have a passing
score. But it is not too late: With bold thinking, flexible operations
and political will, we can rescue the Everglades ecosystem yet--thereby
protecting the millions of people and thousands of species that rely on
it.
Human health and toxic-algae blooms
Water management in Florida historically has weighed the competing
interests of flood control, water supply, water quality and natural
systems. A growing body of evidence suggests our management of water in
Florida also has a direct impact on a fifth and critical interest:
human health.
Harmful Algal Blooms (HABs) are the waterborne threat of our time,
and our growing understanding of the health risks they pose create new
urgency for Everglades restoration. Toxins in red tide are known to
harm humans and marine life, and are exacerbated by discharges from
Lake Okeechobee.\4\ Mounting research indicates links between toxins
found in cyanobacteria, also known as blue-green algae, and non-
alcoholic liver disease and neurodegenerative diseases (including Lou
Gehrig's, Parkinson's and Alzheimer's diseases).\5\
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\4\ Medina et al (2020): Seasonal dynamics of terrestrially sourced
nitrogen influenced Karenia brevis blooms off Florida's southern Gulf
Coast
\5\ Brain Chemistry Labs research: https://brainchemistrylabs.org/
new-blog/tag/BMAA
---------------------------------------------------------------------------
During the toxic algae crisis of 2018, satellite imagery from the
National Oceanic and Atmospheric Administration showed 90% of Lake
Okeechobee's open water was covered with cyanobacteria. Without regard
to the human-health risk, lake water was discharged to the coastal
estuaries that summer, where it presented as noxious blooms along
public waterfronts and private properties. In Southwest Florida, the
cyanobacteria blooms prompted by Lake Okeechobee discharges commingled
with toxins from a simultaneous red-tide bloom, posing risks that
researchers are only beginning to comprehend.\6\ The health concerns
presented by toxic algae threaten those living well away from the
waterfront, too. Scientists at Florida Gulf Coast University found
evidence that cyanobacteria can be aerosolized and travel more than a
mile inland.\7\
---------------------------------------------------------------------------
\6\ Metcalf et al (2020): https://link.springer.com/article/
10.1007/s12640-020-00248-3 and
https://www.news-press.com/story/tech/science/environment/2020/07/
21/multiple-blooms-multiple-toxins-multiple-worries-new-study-sheds-
light-2018-s-disastrous-algae-crisi/5478751002/
\7\ https://www.news-press.com/story/tech/science/environment/2019/
03/15/new-health-questions-raised-fgcu-research-toxic-algae-dust/
3176195002/
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Historically, the Army Corps has not considered Harmful Algal
Blooms as an official factor in its management of Lake Okeechobee's
water. In 2019, the Corps proposed a deviation to its Lake Okeechobee
Regulation Schedule to allow for more flexibility when Harmful Algal
Blooms are present in the lake. We applaud that flexibility, which has
the added benefit of relieving pressure from the aging Herbert Hoover
Dike.
We hope to see the Army Corps build on that flexibility when it
implements its Lake Okeechobee System Operating Manual (LOSOM) in 2022.
We also are grateful to you, members of the Transportation &
Infrastructure Committee, for passing a WRDA bill that keeps the so-
called ``Savings Clause'' out of LOSOM. Including it would have foisted
20-year-old water-supply promises onto Lake Okeechobee management in
the future. We hope to see the U.S. Senate follow suit by passing the
WRDA bill.
Long-term flexibility for Lake Okeechobee operations is critical;
this problem is not going away. Scientific consensus is that HABs are
increasing in magnitude, frequency and duration worldwide.\8\ It's
critical that Everglades restoration efforts and Lake Okeechobee
operations proactively address the risks.
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\8\ Congressional Research Service, Freshwater Harmful Algal
Blooms: Causes, Challenges, and Policy Considerations (Aug. 20, 2018)
---------------------------------------------------------------------------
EAA Reservoir improvements needed
The planned EAA Storage Reservoir and its connected Stormwater
Treatment Area would be able to address the challenges outlined above--
if it was of adequate scale, and appropriately designed and constructed
to alleviate toxic-algae discharges. However, we previously joined
Sierra Club and Center for Biological Diversity in articulating 20
major concerns \9\ about the current 16,000-acre configuration,
including:
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\9\ https://everglades.org/wp-content/uploads/2020/05/EAA-Storage-
Reservoir_Final-EIS_Joint-Comments_Sierra-Club_Center-for-Biological-
Diversity_Friends-of-the-Everglades_02-24-20-3.pdf
---------------------------------------------------------------------------
A 23-foot deep reservoir of nutrient-rich water could
promote the same or more profound conditions that fuel Harmful Algal
Blooms than those currently experienced by the estuaries.
The 6,500-acre STA proposed for the EAA Storage Reservoir
has not been proven adequate for water-quality treatment. Research from
wetlands ecologist Dr. William J. Mitsch, director of Florida Gulf
Coast University's Everglades Wetland Research Park, indicates the
treatment wetlands in the STA are not sufficient to handle the
anticipated volume of increased flows south from Lake Okeechobee.\10\
---------------------------------------------------------------------------
\10\ https://www.sciencedirect.com/science/article/pii/
S2590290319300094
---------------------------------------------------------------------------
While the planned EAA Storage Reservoir and STA provides
some added relief to both the St. Lucie and Caloosahatchee estuaries,
the reductions are relatively minor in comparison to those provided by
already authorized projects. To re-establish stable health to these
estuaries, greater reductions to significant high-volume discharges are
needed.
Studies indicate more land is needed in the Everglades Agricultural
Area to address system-wide concerns by storing at least 1.2 million
acre feet of water. In the absence of willing sellers among EAA
landowners, the federal government should consider all reasonable
alternatives that would eliminate discharges to the northern
estuaries--including eminent domain if necessary. This is within the
federal government's right \11\ so long as it complies with the Fifth
Amendment requirement to provide ``just compensation'' to the owner.
Moreover, using private property to protect the natural environment is
a clear public use under the Fifth Amendment.
---------------------------------------------------------------------------
\11\ Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 9
(1984)
---------------------------------------------------------------------------
Environmental justice for all
The decades-old push to stop polluted Lake Okeechobee discharges to
the northern estuaries is sometimes painted by agricultural interests
as an effort of ``coastal elites'' to protect their own interests.
However, that assessment is misleading and overlooks critical
stakeholders who fish in and live near waterways impacted by toxic
algae blooms. Toxic-algae laced discharges from Lake Okeechobee harm
subsistence fishermen along both estuaries. Airborne toxins are capable
of reaching residents far from the shore. And, of course, the harm
inflicted on our marine-dependent businesses impact workers at all
socioeconomic levels.
We thank you for your attention to Everglades restoration, water
management and the emerging concerns that are intertwined with Harmful
Algal Blooms.
Mrs. Napolitano. And now I will again ask unanimous consent
that the record of today's hearing remain open until such time
as all our witnesses have provided answers to any questions
posed to them that may be submitted to them in writing, and
unanimous consent that the record remain open for 15 days for
any additional comments and information submitted by Members or
witnesses to be included in the record of today's hearing.
And without objection, so ordered.
I would like to thank all of you for being such great
witnesses. We have learned a lot. And sure, there is
contention. We hope we can somehow bring all of the parties
together and make the Everglades the healthy treasure it is.
The committee stands adjourned. Thank you very much.
[Whereupon, at 12:34 p.m., the subcommittee was adjourned.]
Submissions for the Record
----------
Prepared Statement of Hon. Sam Graves, a Representative in Congress
from the State of Missouri, and Ranking Member, Committee on
Transportation and Infrastructure
Thank you, Chairwoman Napolitano, and thank you to our witnesses
for being here today.
Since the passage of the Comprehensive Everglades Restoration Plan
in 2000, the Army Corps, in partnership with the State of Florida and
the South Florida Water Management District, have worked diligently
over the past 20 years to restore and protect one of our Nation's most
unique ecological treasures.
Over the course of this time, Congress has taken a keen interest in
the restoration and preservation of the Everglades, with this Committee
authorizing a number of new Everglades projects in recent WRDAs.
With the development of WRDA 2020, we wanted to honor a commitment
to review the Corps' work within Central and Southern Florida.
I want to thank my colleagues--Congressmen Mast, Webster, and
Spano--for their work on this important issue and I look forward to
hearing the perspectives from our witnesses.
Thank you, Chairwoman Napolitano. I yield back.
Advisory, ``Recommended Human Health Recreational Ambient Water Quality
Criteria or Swimming Advisories for Microcystins and
Cylindrospermopsin,'' U.S. Environmental Protection Agency, Office of
Water, EPA 822-F-19-001, May 2019, Submitted for the Record by Hon.
Brian J. Mast
Summary
EPA has released national recommendations for the Human Health
Recreational Ambient Water Quality Criteria or Swimming Advisories
(AWQC/SA) for Microcystins and Cylindrospermopsin. These recommended
AWQC/SA accurately reflect the latest scientific knowledge on the
potential human health effects from recreational exposure to these two
cyanotoxins. Primary contact recreation is protected in water bodies at
or below the recommended concentrations of microcystins and
cylindrospermopsin.
These recommendations are intended as guidance to states,
territories and authorized tribes to consider when developing water
quality standards. Alternatively, these recommendations can be used as
the basis of swimming advisories for notification purposes in
recreational waters to protect the public. States, territories and
authorized tribes may also wish to consider using these recommendations
as both water quality criteria and swimming advisory values.
Background
Cyanobacteria, commonly called blue-green algae, are naturally-
occurring photosynthetic bacteria found in freshwater and marine
ecosystems. Under certain environmental conditions, such as elevated
levels of nutrients, warmer temperatures, still water, and plentiful
sunlight, cyanobacteria can rapidly multiply to form harmful algal
blooms (HABs). HABs have been reported in ambient waters in all states.
As the cyanobacteria multiply, some of the cells can produce toxic
compounds, known as cyanotoxins, which can be harmful to human and
animal health. Microcystins and cylindrospermopsin are two types of
toxins produced by cyanobacteria.
During a HAB, the toxin concentration can rapidly increase and may
become elevated before a visible bloom is observed. Elevated cyanotoxin
concentrations in surface waters can persist after the bloom fades, so
human exposures can occur even after the visible signs of a bloom are
gone or have moved downstream. Exposure to elevated-levels of
microcystins can potentially lead to liver damage; the kidneys and
liver appear to be the primary target organs for cylindrospermopsin
toxicity.
What are EPA's recommendations?
The recommended AWQC/SA for microcystins and cylindrospermopsin
consist of three components--magnitude, duration and frequency--that
are considered protective of human health in recreational waters. In
developing these recommendations, EPA incorporated the existing peer-
reviewed and published science on the adverse human health effects of
these toxins, recreation-specific exposure parameters from the peer-
reviewed scientific literature and EPA's Exposure Factors Handbook
using established criteria methodologies. EPA derived these recommended
values based on children's recreational exposures because children can
be more highly exposed compared to other age groups. The
recommendations are also protective of older age groups.
Water quality criteria recommendations are intended as guidance in
establishing new or revised water quality standards. They are not
regulations themselves. States and authorized tribes have the
discretion to adopt other scientifically-defensible water quality
criteria that differ from these recommendations. For use as swimming
advisories, EPA envisions states and authorized tribes applying these
recommendations in a similar manner as is currently done in their
recreational water advisory programs.
The recommended magnitude for both toxins is shown in the following
table:
Table. Recommended magnitude for cyanotoxins.
------------------------------------------------------------------------
Microcystins Cylindrospermopsin
------------------------------------------------------------------------
8 mg/L 15 mg/L
------------------------------------------------------------------------
Duration and Frequency:
For both cyanotoxins, the recommended duration and frequency depend
on their application as a water quality criterion or a swimming
advisory.
For application as a recreational water quality criterion, EPA
recognizes that a single exceedance of the recommended magnitude does
not necessarily indicate that the designated use is not attained. The
recommended frequency and duration support the identification of a
trend or pattern of elevated cyanotoxins that can be used to inform the
evaluation of a waterbody. EPA recommends states use 10-day assessment
periods, not a rolling 10-day period, over the course of a recreation
season to evaluate ambient water body condition and recreational use
attainment. The 10-day period links the water body assessment period to
the adverse health effects observed from ingestion of the toxins over
short-term exposures. If toxin concentrations are higher than the
criterion magnitude during a 10- day assessment period, then that event
should be considered an excursion from the recreational criteria. EPA
recommends that when more than three excursions occur within a
recreational season and that pattern reoccurs in more than one year, it
is an indication the water quality has been or is becoming degraded and
a water body may not be supporting the recreational use. EPA expects
states and authorized tribes to indicate the number of years the
pattern of degradation can occur and not impair the recreational use.
As a basis for issuing a swimming advisory, EPA recommends the
magnitude not be exceeded on any single day. This is consistent with
the goal of a swimming advisory to provide prompt information to people
who wish to use the water body for recreation. EPA also recommends that
any exceedance of the recommended magnitude result in a swimming
advisory being issued until the toxin concentration falls below the
recommended magnitude.
Communicating risk to the public
In 2017, EPA released an online communications toolbox to support
states, tribes, territories, and local governments in developing, as
they deem appropriate, their own risk communication materials about
cyanobacterial blooms. It includes editable press release templates,
social media posts and other quick references.
EPA has also released infographics that states and communities can
use to communicate basic information about HABs to the public. The
infographics highlight how a HAB might affect both people and animals,
and provide helpful information concerning how to identify and respond
to a potential bloom. Two downloadable and printable versions of the
infographic are available on the EPA's Cyanobacterial HABs website; one
as a more detailed poster for display and another as an abbreviated
handout. State, tribal and local governments may also customize the
infographics by adding local information such as a logo, website
address, email address and/or telephone number.
Where can I find more information?
EPA has published the recommended AWQC/SA document, support
documents and the Federal Register Notice online in the public docket
(Docket ID No. EPA-HQ-OW-2016-0715), which can be accessed via the
Agency's Recreational Water Quality Criteria website.
You can also contact John Ravenscroft (202) 566-1101 or Lesley
D'Anglada (202) 566-1125 for more information.
Hearing Transcript Excerpt, ``Water Resources Development Acts: Status
of Implementation and Assessing Future Needs,'' July 10, 2019,
Subcommittee on Water Resources and Environment of the Committee on
Transportation and Infrastructure, Submitted for the Record by Hon.
Brian J. Mast
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Letter of October 7, 2020, from Todd Hiteshew, Chair, Southeast Florida
Utilities Council, Submitted for the Record by Hon. Bruce Westerman
October 7, 2020.
Chairwoman Grace F. Napolitano and Ranking Member Bruce Westerman,
Subcommittee on Water Resources and Environment,
Committee on Transportation and Infrastructure, Washington, DC.
RE: Hearing on Comprehensive Everglades Restoration Plan and Water
Management in Florida
Dear Chairwoman Napolitano and Ranking Member Westerman,
I am submitting this letter on behalf of the Southeast Florida
Utility Council (SEFLUC) regarding your recent September 24, 2020
hearing on the Comprehensive Everglades Restoration Plan (CERP) and
Water Management in Florida. SEFLUC represents potable water providers
throughout South Florida serving over six million people. SEFLUC's
mission is to provide a communications, networking, and support
structure to allow member utilities to continue to provide superior-
quality water supply and wastewater management services to their
customers in a cost-effective manner.
CERP and the management of the Central and Southern Florida Project
(C&SF) are of critical concern to SEFLUC members, as we rely on the
operation of the regional water management system to maintain
groundwater levels and control saltwater intrusion to meet the water
needs of our communities. SEFLUC's members have been active
participants in numerous water supply related issues in South Florida,
including the ongoing development of the Lake Okeechobee System
Operating Manual (LOSOM) 2022 process.
SEFLUC shares the same goal of all stakeholders; for the
development of operational protocols that will integrate Lake
Okeechobee operations within the overall framework and multi-purpose
objectives of the C&SF, CERP, and water supply planning pertaining to
the Lower East Coast (LEC).
The preservation of existing legal sources of water for water
supply use is a bedrock foundation for implementation of CERP and has
been acknowledged by Congress, the U.S. Army Corps of Engineers
(Corps), the State of Florida, and the South Florida Water Management
District (SFWMD) and has long been used as a premise for the enactment
of the Water Resources Development Act of 2000 (WRDA 2000) and other
Federal and State law and regulation. Maintaining existing legal uses
of water is critical to the economic and environmental well-being of
South Florida, and more importantly for the protection of the health,
safety, and welfare of the people in our communities who rely on SEFLUC
members to provide a clean and reliable supply of water. The system of
surface water storage and conveyance comprising the C&SF is an
essential part of assuring water supplies can be sustained. This system
is a direct source of water for many in South Florida and it also
creates an essential buffer to saltwater intrusion; a constant concern
for SEFLUC members who rely on groundwater to meet the needs of their
communities.
Maintaining existing legal sources of water for all uses requires
consideration of highly complex and ever-changing factors such as
changes in rainfall, sea level rise, and structural and operational
alterations to the system. WRDA 2000 and CERP were adopted based on the
clear understanding that as CERP projects are implemented, existing
legal sources of water would be maintained at the current levels and
the SFWMD would continue to implement water supply planning and
regulation as reflected in the WRDA 2000 Savings Clause. WRDA 2000
Section 601(h)(5) provides in relevant part that ``Until a new source
of water supply of comparable quantity and quality as that available on
the date of enactment of this Act is available to replace the water to
be lost as a result of implementation of the Plan, the Secretary and
the non-Federal sponsor shall not eliminate or transfer existing legal
sources of water, including those for . . . an agricultural or urban
water supply . . .'' This legal guarantee has provided the foundation
for water supply planning in South Florida over the last twenty years,
and is paramount when considering modifications and alterations to the
operation of the C&SF, particularly Lake Okeechobee, in assuring
existing water supplies for communities can be maintained. Florida law
likewise requires the SFWMD, as the local sponsor of CERP, to assure
water available to existing legal users will not be diminished.
Protecting existing legal sources of water for uses including
public supply, is consistent with the goals of increasing water
available to the Everglades or improving the quality of water in the
C&SF system. In fact, when guided by the existing legal framework,
sound science, and thoughtful deliberation, each of these objectives
can be achieved in a complimentary fashion. However, focusing on one
objective, to the detriment of another, can result in unintended
consequences. In the case of existing legal sources of water available
for public supply, system alterations eliminating or diminishing the
ability or SEFLUC members to provide essential and critical water
supplies to communities will be detrimental to those communities as
well as potentially lead to other unintended environmental impacts,
such as saline water intrusion. This is particularly the case when
future rainfall patterns are uncertain and sea level rise is an
increasing threat to coastal areas in South Florida.
Thus, given the above, I request your future deliberations take
these critical factors into account, in order to assure that a reliable
water supply remains for the people of the Lower East Coast, while also
meeting our shared goals of environmental protection and enhancement.
Thank you for your consideration of these comments and SEFLUC members
look forward to continuing to work with you on this important issue.
Sincerely,
Todd Hiteshew,
Chair, Southeast Florida Utilities Council.
Letter of October 7, 2020, from Keith A. James, Mayor, City of West
Palm Beach, Submitted for the Record by Hon. Bruce Westerman
October 7, 2020.
Chairwoman Grace F. Napolitano and Ranking Member Bruce Westerman,
Subcommittee on Water Resources and Environment,
Committee on Transportation and Infrastructure, Washington, DC.
RE: City of West Palm Beach Comments on September 24, 2020 Hearing on
Comprehensive Everglades Restoration Plan and Water Management in
Florida
Dear Chairwoman Napolitano and Ranking Member Westerman,
The City of West Palm Beach respectfully submits the following
comments regarding your recent hearing on the Comprehensive Everglades
Restoration Plan (CERP) and Water Management in Florida. The City is
the largest municipality in Palm Beach County with more than 110,000
residents. The City also operates a public water supply system that
provides clean, safe, and cost-effective potable water to approximately
150,000 residents of the City, the Town of Palm Beach, and the Town of
South Palm Beach, and protecting its public water supply for the
benefit of its citizens. The City is additionally committed to
protecting environmentally sensitive features that are indirectly
benefited by its water system. Our water system maintains water stages
in Grassy Waters Preserve, a unique remnant of the Everglades that is
an ecologically critical wetland habitat for various threatened and
endangered species including the endangered Everglades Snail Kite. The
City's water system also helps maintain the Minimum Flows and Levels
for the Northwest Fork of the Loxahatchee River, a federally designated
Wild and Scenic River.
To ensure a safe, reliable, and environmentally sustainable water
supply source, the City directly relies upon surface water from the
Central and Southern Florida Project (C&SF). Given that this water
supply is so essential to the City, both from a public health and
safety and environmental perspective, we must remain vigilant when it
comes to any changes that may impact our use of the regional system.
This includes the development of operational protocols that will
integrate Lake Okeechobee operations within the overall framework and
multi-purpose objectives of the C&SF, CERP, and water supply planning
in South Florida.
The preservation of existing legal sources of water is a bedrock
foundation for implementation of CERP, which has been acknowledged by
Congress, the U.S. Army Corps of Engineers (Corps); the State of
Florida, and the South Florida Water Management District (SFWMD)
before, during and after the enactment of the Water Resources
Development Act of 2000 (WRDA 2000) and other Federal and State laws
and regulations. Maintaining our existing water supplies is critical
not only to the economic and environmental well-being of South Florida,
but also most importantly to protection of the health, safety, and
welfare of the public which relies on our system to provide a clean and
reliable supply of water. Though numerous public water suppliers rely
on the surface water storage and conveyance of the C&SF, the City is
particularly dependent on this surface water. Without it, we would not
be able to assure water is available for the citizens that rely on us.
Maintaining existing legal sources of water requires consideration
of highly complex and ever-changing factors such as changes in
rainfall, sea level rise, and structural and operational alterations of
the system. WRDA 2000 and CERP were adopted based on the clear
understanding that as CERP projects are implemented, existing legal
sources of water would be maintained and SFWMD would continue to
implement water supply planning and regulation as reflected in the WRDA
2000 Savings Clause. WRDA 2000 Section 601(h)(5) provides in relevant
part that ``Until a new source of water supply of comparable quantity
and quality as that available on the date of enactment of this Act is
available to replace the water to be lost as a result of implementation
of the Plan, the Secretary and the non-Federal sponsor shall not
eliminate or transfer existing legal sources of water, including those
for . . . an agricultural or urban water supply . . .'' This legal
guarantee has provided the foundation for water supply planning in
South Florida over the last twenty years, and it is important that
future modifications and alterations of the operation of the C&SF,
particularly Lake Okeechobee, assure that existing water supplies be
maintained. Florida law likewise requires SFWMD, as the local sponsor
of CERP, to assure that water available to existing legal users will
not be diminished.
Protecting existing uses of water for public supply does not
conflict with the goals of increasing water available to the Everglades
or improving the quality of water in the C&SF system. In fact, when
guided by the existing legal framework, sound science, and thoughtful
deliberation, each of these objectives can be achieved in a
complimentary fashion. However, focusing on one objective, to the
detriment of another, can result in unintended consequences. In the
case of existing uses of water available for public suppliers like the
City, system alterations that eliminate or diminish critical water
supplies have the potential to threaten the reliable water supplies
that we all take for granted, and potentially lead to other unintended
environmental impacts, such as saline water intrusion and the reduction
in water available for our crucial environmental assets like Grassy
Waters Preserve and the Loxahatchee River. This is particularly the
case when future rainfall patterns are uncertain and sea level rise is
an increasing threat to coastal areas in South Florida.
Given these concerns, we request that your future deliberations
regarding operations of the C&SF regional system, Lake Okeechobee, and
implementation of CERP projects assure that sound science guide future
decisions and that our existing water supplies are protected. Thank you
for your consideration of these comments, and the City looks forward to
continuing to work with you and all other interested parties.
Sincerely,
Keith A. James,
Mayor, City of West Palm Beach.
Letter of Supplemental Testimony of October 2, 2020, from Gary J.
Ritter, Assistant Director of Government and Community Affairs, Florida
Farm Bureau Federation
October 2, 2020.
Hon. Peter DeFazio,
Chairman,
Committee on Transportation and Infrastructure, U.S. House of
Representatives, Washington, DC.
Hon. Sam Graves,
Ranking Member,
Committee on Transportation and Infrastructure, U.S. House of
Representatives, Washington, DC.
Hon. Grace Napolitano,
Chair,
House T&I Subcommittee on Water Resources and Environment, Washington,
DC 20515.
Hon. Bruce Westerman,
Ranking Member,
House T&I Subcommittee on Water Resources and Environment, Washington,
DC.
RE: The Comprehensive Everglades Restoration Plan and Water Management
in Florida
Dear Chairman DeFazio, Ranking Member Graves, Subcommittee Chair
Napolitano and Ranking Member Westerman:
On behalf of the Florida Farm Bureau Federation, I want to thank
you for the opportunity to testify at the Transportation and
Infrastructure Subcommittee on Water Resources and Environment on
September 24, 2020. I would like to take this opportunity to expound
upon the testimony and comments provided during the hearing.
EAA Program
I spoke of the success of the EAA program in reducing phosphorus
concentrations to the Everglades by an average of 57% during the last
26 years, 32% higher than the goal of a 25% reduction annually. In the
hearing, it was suggested ``they need to do better.'' The EAA BMP
program is one of the most successful nutrient reduction programs in
the nation, if not the world. Nutrient reductions cannot be born solely
on the backs of farmers--it must to be a collective effort if it is to
be a serious and effective one. This effort should necessarily include
the federal government (which built the system), state government
(which maintains the system) and local government (which is responsible
for commercial and urban storm water).
Status Quo
As to the question whether the status quo is acceptable, we offer
the following clarification: To our knowledge, no one approves of the
current interim LORS 08 Regulation Schedule. The current schedule was
approved as an interim measure to lower the lake by 1\1/2\ feet to
allow the needed repairs to the dike. This regulation schedule:
causes excess discharges to the coastal estuaries;
results in more frequent violations of the Minimum Flows
and Levels established for the lake by the SFWMD;
compromises navigation;
is harmful to protected species; and
compromises the water supply for existing legal users.
These adverse impacts have been tolerated by all stakeholders while
the interim LORS 08 schedule has been in effect to accommodate Herbert
Hoover Dike (HHD) rehabilitation. Now, as the HHD repair is on the
verge of completion, we support the development of a new regulation
schedule that meets the congressionally authorized purposes for the
lake and is more aligned with a schedule for a healthy lake; reduces
harmful discharges; provides water for Everglades restoration, while
improving the water supply of the region. In WRDA 2018, Congress
directed the Corps to expedite the development of the new lake schedule
concurrent with completion of the dike repairs. Therefore, we do not
support a regulation schedule that will reduce the water supply of the
region. We strongly believe that the $1 billion in HHD investments will
allow a new regulation schedule to be developed to holistically meet
all needs of Everglades restoration.
Lake Okeechobee Discharges
No one wants to see harmful algal blooms in our waterways, and it
seems the communities south of the Lake want the same water quality as
those on the coast. We agree harmful algal blooms are not good, and we
support the scientific research conducted nationwide and statewide to
understand algal blooms. Irrespective of this research, we cannot
ignore the current water supply and ecological realities, as this does
nothing to actually identify and solve the problem. One of the false
assumptions is that the only way to reduce or eliminate harmful algal
blooms is to lower the Lake regulation schedule (even lower than the
status quo of LORS08), and, in doing so, threaten the water supply for
existing legal users. This is simply untrue and not supported by the
science.
The University of Florida Water Institute in their 2015 Independent
Review titled ``Options to Reduce High Volume Freshwater Flows to the
St. Lucie and Caloosahatchee Estuaries and Move More Water from Lake
Okeechobee to the Southern Everglades'' outlined the following
strategies on how to effectively reduce harmful discharges:
Accelerate completion of existing approved projects;
Provide water storage and treatment north of Lake
Okeechobee;
Provide additional water storage, treatment and
conveyance south of Lake Okeechobee;
Develop a strategic plan for the next increment of south-
of-lake storage, treatment and conveyance to pursue beyond CEPP to take
advantage of new north-of-lake storage and treatment, and more closely
meet the performance targets of both the estuaries and the Everglades
ecosystem;
Deep well disposal of excess flows; and
Implement operational changes.
This UF study concluded that a lower lake schedule results in more
frequent and harmful discharges and suggests that the Army Corps of
Engineers evaluate opportunities to hold more water in the lake.
The National Academies of Science also reached the same conclusion
in their report titled ``Progress Toward Restoring the Everglades--
Sixth Biennial Review--2016'' as demonstrated in the following
quotations:
``The large impacts on water storage with just modest
changes in the lake regulation schedule suggest that Lake Okeechobee is
a central factor in future considerations of water storage.''
``The financial costs for raising the lake levels likely
are negligible, aside from the costs of conducting an environmental
impact statement and any enhanced costs of operations.''
In summary, no one in the agricultural community wants harmful lake
discharges to continue. However, we reject the false premise that
lowering the lake regulation schedule will result in less harmful
discharges. In fact, LORS08 lowered the lake and has resulted in
increased discharges to the estuaries. We offer that there are
numerous, more effective ways to eliminate harmful discharges as
outlined by the University of Florida Independent Review. Moreover, we
support the use of sound science in lieu of sound bites that do not
reflect scientific nor water management reality.
Northern Storage
The watershed north of Lake Okeechobee begins in Orlando and the
upper Chain of Lakes. Nutrient loading to Lake Okeechobee and legacy
nutrients in Lake Okeechobee from the north are a result of the Central
and Southern Florida Flood Control System, urban development that comes
with population growth, and past agricultural and urban land use
practices. To accuse one sector for the presence of harmful algal
blooms in Lake Okeechobee is incorrect, scientifically unfounded, and
counterproductive. A combination of urban and agricultural Best
Management Practices (BMPs), along with regional and sub-regional
projects, are needed from all sectors including local, state and
federal governments to meet CERP restoration goals.
The Army Corps of Engineers has recently completed the Project
Implementation Report for the Lake Okeechobee Watershed Restoration
Plan (LOWRP) as part of CERP, which includes storage north of Lake
Okeechobee. The LOWRP Recommended Plan increases water storage capacity
in the watershed to improve Lake Okeechobee water levels, reduces the
quantity and timing of regulatory discharges to the Caloosahatchee and
St. Lucie estuaries, and enhances water supply. The vast majority of
the benefits are derived from the plan's use of Aquifer Storage and
Recovery Wells. The SFWMD is moving forward with the construction and
operation of ASR wells utilizing the recommendations from the National
Academies of Science.
Modelling performed by the SFWMD demonstrates the implementation of
the LOWRP, in conjunction with the completion of existing authorized
Comprehensive Everglades Restoration Plan, reduces harmful discharges
to the coastal estuaries by 80% while improving water supply in the
region.
Closing
The Florida Farm Bureau Federation along with all farmers and
ranchers in south Florida are strong advocates for Everglades
restoration and the protection of our coastal estuaries. However, we
disagree with the false premise that the laudable goals of restoring
our natural system and meeting the water supply needs of the region are
mutually exclusive. In fact, Section 601(h) of WRDA 2000 states, ``The
overarching objective of the Plan is the restoration, preservation, and
protection of the South Florida ecosystem while providing for other
water-related needs of the region, including water supply and flood
protection.'' This section directs the Plan be implemented to ensure
the protection of water quality in, the reduction of the loss of fresh
water from, and the improvement of the environment of the South Florida
Ecosystem. Implementation of the Plan also seeks to achieve and
maintain the benefits to the natural system and human environment
described in the Plan. We have confidence that the men and women in the
Army Corps of Engineers and its local sponsor, the South Florida Water
Management District, can implement this plan and the changes to the
Lake Okeechobee Regulation schedule in a manner that achieves the
mutually beneficial goals of restoration along with the enhancement of
water supply and flood control for all south Floridians.
Kind Regards,
Gary J. Ritter,
Assistant Director of Government and Community Affairs,
Florida Farm Bureau Federation.
CC: The Honorable Daniel Webster (FL-11)
The Honorable Ross Spano (FL-15)
The Honorable Brian Mast (FL-18)
The Honorable Frederica Wilson (FL-24)
The Honorable Debbie Mucarsel-Powell (FL-26)
Letter of September 23, 2020, from the Energy Producing States
Coalition
September 23, 2020.
Chairman Peter A. DeFazio,
Committee on Transportation and Infrastructure,
Washington, DC.
Ranking Member Sam Graves,
Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman DeFazio and Ranking Member Graves:
On behalf of the Energy Producing States Coalition (EPSC), which
represents legislators from several states across the country, we write
today to share our concerns with HR 8049 and an upcoming hearing before
the Subcommittee on Water Resources and Environment scheduled for
September 24th. It is our understanding that it will examine potential
water management policy changes that we believe will be very harmful to
a variety of industries, farm families, ranches and water supply for
communities in the future.
While the stated purpose of the hearing will be about Everglades
water management in Florida, the potential ramifications and impact
would be sweeping and felt far beyond one specific state. Our
membership includes many Western states where very significant amounts
of our land is federally-owned and managed. Water rights and supplies
are critical for our states and we are very concerned when new federal
powers are contemplated that could jeopardize the lifeblood of our
economies. The precedents created by the contemplated changes of adding
broad public health considerations to manage algal blooms--as proposed
by HR 8049--would drastically alter the Army Corps of Engineers'
critical federal mission of flood control, navigation and collaborative
water management. In essence, this proposed legislation could create
another Pandora's Box scenario of unintended consequences similar to
the convoluted and controversial Waters of the U.S. (WOTUS) Rule that
would make long-standing water management and permitting decisions
unnecessarily and politically charged.
As recent media reports have noted, this issue was raised and voted
down in the Transportation and Infrastructure Committee's mark-up of
the bipartisan reauthorization of the Water Resources Development Act
(HR 7575) and was opposed by members of the Florida Congressional
Delegation specifically because of the unknown and potentially harmful
impacts it would have on water supplies and communities. Moreover, it
is our understanding that the Corps of Engineers has explicitly stated
in its planning documents which manage water flows in the Everglades
that it lacks the expertise or authority to manage harmful algal blooms
nor is there a federally authorized directive to address water quality
when managing water releases from Lake Okeechobee.
Now is not the time to add a new level of uncertainty to the well-
established water management process at the Corps--especially as our
nation tries to recover from the harmful impacts of COVID-19 to our
economy. We urge the Committee to oppose this legislation and not
invite more trouble for our farmers, ranchers, homebuilders and
neighbors that are struggling to recover. On behalf of EPSC, we
appreciate the opportunity to share our perspective.
Sincerely,
Senator Chuck Winder,
Idaho, EPSC Chair.
Senator Drew Perkins,
Wyoming, EPSC Executive Committee.
Representative Steve Handy,
Utah, EPSC Executive Committee.
Appendix
----------
Questions from Hon. Garret Graves to Hon. Chauncey P. Goss II,
Chairman, Governing Board, South Florida Water Management District
Question 1. The CERP program requires that each project be
individually studied by the Corps for authorization before it can
receive a ``new start.'' How has the passage of CEPP changed delays in
turning dirt?
Answer. CEPP merged several CERP components into one large project.
This combination of projects created efficiencies in planning and
allowed for expedited design and construction of multiple CERP
components. Though the authorization of CEPP in 2016 required separate
validation reports for each of its three phases of CEPP, it only
required one ``new start'' designation for the whole of CEPP. With the
authorization of the CEPP Post Authorization Change Report (PACR),
which included the EAA Reservoir and STA, in Sec. 1308 of WRDA 2018,
the revised CEPP project could move forward quickly upon appropriation
of funds.
Unfortunately, the U.S. Army Corps of Engineers and the Assistant
Secretary of the Army for Civil Works determined that the authorized
CEPP PACR was a separate CERP project and not a revision of CEPP,
therefore requiring a ``new start'' designation for the newly named EAA
Reservoir Project. The EAA Reservoir Project is one of the most
critical restoration projects for the Everglades and is a top priority
for the State of Florida. This decision removed construction funds from
the local U.S. Army Corps of Engineers District budget and impedes
federal construction efforts until a ``new start'' designation is
received. While two phases of CEPP construction move forward at a rapid
pace, one cannot--stalling restoration progress.
Question 2. Provisions in the ``master PPA'' for Everglades
restoration also allow cross-crediting between other CERP projects. I
know the Louisiana CPRA is extremely jealous of this arrangement. How
does cross-crediting benefit the non-federal sponsor's ability to meet
cost shares and move forward with restoration projects?
Answer. The 2009 Master Agreement establishes a ``programmatic''
management of the 50-50 cost share balance for all CERP projects with a
Project Partnership Agreement rather than trying to balance a ledger
for each individual project as is the case with our other non-CERP
projects. This type of management allows for flexibility in
construction efforts, ensuring either the South Florida Water
Management District or U.S. Army Corps of Engineers can move forward
with design and construction as funds become available through either
state or federal appropriations. This agreement expedites project
components, taking advantage of shifts in available funding and
leveraging the talent and workload of the partner agencies to achieve
benefits sooner. It would be extremely beneficial to extend this
programmatic cost share approach across the entire South Florida
Ecosystem Restoration Program.
Question 3. Congress has changed its internal processes since CERP
was first authorized, constraining the ability to designate specific
funding for projects and getting into several notable appropriations
lapses. What else can Congress do to get out of the way and get these
programs moving?
Answer. Congress has been very intentional in its passing of WRDA
bills since 2014. We appreciate this effort and encourage Congress to
continue passage of these highly important water resource bills every 2
years. In addition, the following actions would be of great benefit for
this critical restoration program:
Authorize a simple mechanism that allows the U.S. Army
Corps of Engineers to provide funds directly to the non-Federal sponsor
so it can implement or expedite projects.
Authorize a programmatic ``new start'' designation for
CERP to eliminate red tape and allow CERP projects to move directly
from authorization to construction.
Be aware that ``conditional authorizations'' often result
in administrative process and reporting, such as the ``90 day report''
that took over 600 days for the Corps to complete. Authorize projects
without conditions to prevent unnecessary delays to restoration and
provide Congressional intent through other means.
Continue to allow for flexible application of
supplemental funding to expedite multipurpose projects such as Central
and Southern Florida Project, CERP and other flood control components.
Direct the Secretary to investigate a programmatic cost
share approach that would include both CERP and non-CERP federal
projects.
Consider an amendment to Section 221 of the 1970 Flood
Control Act to simplify and expedite the federal process for in-kind
work.
Questions from Hon. Garret Graves to Shannon Estenoz, Chief Operating
Officer and Vice President of Policy and Public Affairs, The Everglades
Foundation
Question 1. I share your frustration with the Corps' rigidity,
especially as that dogmatic approach results in negative impacts to
ecosystems. I've had similar concerns for how assets in South Louisiana
are used to manage the Mississippi to the determent of efforts for
environmental restoration.
Question 1.a. Do you believe it's possible for the Corps to
balance their mission sets and operate infrastructure for multiple
benefits beyond the original authorized uses?
Answer. The Corps cannot act beyond its Congressional authority,
but the issue here is not with the Corps exceeding Congressional
authority. Instead, the Corps exercises its considerable discretion not
to use the broad authority Congress has given it to balance its mission
sets and operate infrastructure for multiple benefits. The Corps
regularly supplants and, I believe, frustrates Congressional intent (if
not express direction) with its discretionary decision-making
authority. In the Everglades, for example, we have found that the Corps
rarely exercises its discretion to the benefit of the environment,
fish, wildlife or water quality, if doing so comes at the expense of
other authorized uses. This remains true despite the fact that such
favored uses do not include or implicate public safety, and even when
the risks to such uses cannot be demonstrated or are so small that any
reasonable analysis would find the choice to avoid them unjustifiable.
For decades, for example, the Corps' discretionary approach to managing
Lake Okeechobee in the dry season has picked economic winners and
losers and has benefitted one set of economic interests over the
environment, including federal natural resource assets of national and
international significance. These environmental assets are supposed to
enjoy the highest level of federal protection. This lopsided,
discretionary formula for dry season Lake Okeechobee operations has
held even when the result increases risk to public health, a source of
deep frustration and confusion for the citizens of Florida's southwest
and Treasure coasts. Most frustratingly, the Corps' approach threatens
to hold even when Congress directed the Corps to revisit its operating
rules in 2018, 30 years into an era when the value of the Everglades is
known and undisputed, when public support for its protection has never
been higher, and when the economy of the state relies more on its
survival than ever before. The Corps does not lack the authority to
protect the Everglades or to rebalance risks and benefits to authorized
uses; rather, it simply regularly fails to exercise its authorized
discretion to do so.
Question 1.b. If the Corps were able to operate its structures in
Central Florida for multiple purposes--what would the benefits be?
Answer. The Corps can and should operate its structures for
multiple purposes to more equitably share the benefits and risks
associated with water management infrastructure, including Lake
Okeechobee. In particular, if the Corps' operating rules included
provisions allowing the Corps to meet the water-related needs of the
downstream Everglades, more water could flow south during the early dry
season, which can help reduce the risk of wildfires that threaten the
Everglades--including Everglades National Park--protect habitat for
endangered species, enhance recreational opportunities, and reduce
drought risk for tribal lands. Greater flexibility to meet Everglades
dry season demands can also improve the resilience of the Biscayne
Aquifer, the primary drinking water source for millions of people along
Florida's lower east coast.
More balanced risks and benefits can be gained by operating
existing infrastructure more flexibly, and can be maximized by building
new infrastructure. We understand that with more places to store water,
and more capacity to clean and move water, there will be more water
overall to meet the needs of the natural system and human uses. New
infrastructure is what Everglades restoration is all about. The
existence of authority to build new infrastructure, however, does not
absolve or constrain the Corps' existing authorities in ways that
prevent it from balancing authorized uses consistent with existing
authorities. I believe the Corps currently has the ability to operate
its structures for multiple purposes; in fact, I believe its existing
authorities require that it does so. The question is whether the Corps
will more flexibly exercise its discretion within those authorities in
an effort to even out the trade-offs that have been established by the
current operating rules.
Question 2. Your testimony notes that this rigidity is limiting the
potential positive outcomes from the revision of the Lake Okeechobee
Systems Operating Manual. What will the negative impacts of this
revision be if the Corps does not assess opportunities to send water to
the Everglades?
Answer. The cost of inaction is tremendous. If the Corps does not
take the opportunity to revise its approach to lake management,
Florida's environment and economy will continue to suffer. Because of
the way the system is managed today, the Everglades experiences varying
degrees of harm on a regular basis. In cases of soil loss, seagrass
die-off, tree island loss, loss of micro-topography, and delayed
recovery of threatened and endangered species, the harm experienced is
long-lasting or permanent. When the Everglades suffers permanent harm,
it means that the baseline for restoration is shifting--permanent
ecological loss in the Everglades eats into the benefits Congress can
expect the system to receive from restoration investments. The Corps
has existing operational authorities that can reduce recurring harm in
the Everglades and for economic sectors that suffer when the Everglades
suffers. The revision of the Lake Okeechobee Systems Operating Manual,
authorized in 2018, provides an opportunity for the Corps to assess
options for sending more water south to the Everglades, particularly
during the early dry season. Doing so will provide dry season benefits
to the central and southern Everglades and Biscayne Aquifer, and reduce
wet season risk for the northern estuaries and the Herbert Hoover Dike.
Assessing the need for beneficial flows to the Everglades as a water
management tool, and not just as a restoration goal, would be a
paradigm shift for the Corps and for a broad range of South Florida
stakeholders, including Everglades National Park.
Question 3. Do you believe that the Corps should only revisit their
Operating Manuals with express direction from Congress?
Answer. No. Under the broad authority granted by Congress, the
Corps has the inherent authority to revisit its operating manuals as
needed. It is incumbent on the Corps to continuously evaluate how its
infrastructure and operations are impacting the multiple uses it is
authorized to serve, and look for opportunities to minimize lopsided
trade-off scenarios. This is particularly true in cases where the
Corps' discretionary actions are benefiting a small number of users,
but causing repetitive, measurable harm to a large number of people and
the environment, including federally protected lands, waters, and
species.
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