The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SPB 2516
INTRODUCER: For consideration by Appropriations Committee
SUBJECT: Water Storage North of Lake Okeechobee
DATE: March 30, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
Reagan Sadberry Pre-meeting
I. Summary:
SPB 2516 requires the South Florida Water Management District (SFWMD), in partnership with
the U.S. Army Corps of Engineers (USACE), to expedite implementation of the Lake
Okeechobee Watershed Restoration Project (LOWRP). The LOWRP is a project in the
Comprehensive Everglades Restoration Plan that provides water storage north of Lake
Okeechobee. The bill requires the SFWMD to:
 Request that the USACE seek expedited congressional approval of the LOWRP.
 Execute a project partnership agreement with the USACE immediately following approval.
 Expedite implementation of the aquifer storage and recovery (ASR) Science Plan developed
by the SFWMD and the USACE.
 Expedite implementation of the watershed ASR feature of the LOWRP:
o By August 1, 2021, construct or contract for exploratory and monitoring wells to evaluate
site suitability for ASR in the Kissimmee River and Taylor Creek/Nubbin Slough Basins.
o By January 30, 2022, reactivate the existing ASR system in the Kissimmee River Basin.
o By December 31, 2022, contract for exploratory and monitoring wells to evaluate site
suitability for ASR on all other feasible LOWRP watershed ASR sites.
o By March 30, 2027, ensure that, on all currently or subsequently proposed sites
determined to be suitable for the LOWRP ASR, all feasible ASR systems are operational.
 Pursue expeditious implementation of the LOWRP wetland restoration features.
 By November 1, 2021, submit a report to the Legislature describing the SFWMD’s
compliance with the bill, including steps taken, plans for ongoing compliance, and specified
updates related to the LOWRP implementation.
To ensure health and safety, technical feasibility, and achievement of environmental benefits, the
bill requires that the implementation of the LOWRP ASR wells use a phased approach that
confirms feasibility and site suitability and addresses uncertainties identified in the ASR Science
Plan.
BILL: SPB 2516 Page 2
The bill requires the SFWMD to expedite implementation of the LOWRP. This will increase
costs for the SFWMD, however $100 million has been appropriated for LOWRP over the past
two fiscal years.
The bill amends section 375.041, Florida Statutes, to provide a $50 million annual appropriation
from the Land Acquisition Trust Fund to the SFWMD for the LOWRP.
The bill shall take effect upon becoming a law.
II. Present Situation:
Everglades Restoration
The Everglades is a diverse and geographically extensive ecosystem, stretching from just south
of Orlando down to the Florida Keys.1 Historically, the Everglades covered almost 11,000 square
miles of South Florida, and water generally flowed down the Kissimmee River into Lake
Okeechobee, then overflowed the southern rim of the lake and flowed south in sheet flow
through the vast Everglades down to Florida Bay at the southern tip of the peninsula.2 The
Everglades includes sawgrass marshes, freshwater ponds, prairies, and forested uplands
supporting a high diversity of plant and animal habitats.3 Development of the Everglades
wilderness began in the 1800s, and, following devastating flooding from hurricanes in the 1920s
and 1940s, the public demanded improved agricultural production and improved flood
management for expanding population centers on Florida’s southeastern coast.4
Central and Southern Florida Project
In 1948, Congress authorized the Central and Southern Florida Project (C&SF Project).5 The
purposes of the project included flood control, regional water supply, prevention of saltwater
intrusion, water supply to Everglades National Park, wildlife preservation, recreation, and
navigation.6 To achieve these purposes, in a partnership between the U.S. Army Corps of
Engineers (USACE) and the state, the C&SF Project initially involved the following actions:
channelizing the meandering Kissimmee River, diking the lake to prevent uncontrolled
overflows, constructing a drainage system in the lower east coast to support development,
establishing the 700,000-acre Everglades Agricultural Area south of Lake Okeechobee, and
1
National Academies of Sciences, Engineering, and Medicine, Progress Toward Restoring the Everglades: The Seventh
Biennial Review, xi, 13 (2018) [hereinafter Seventh Biennial Review], available at
https://www.nap.edu/catalog/25198/progress-toward-restoring-the-everglades-the-seventh-biennial-review-2018 (last visited
Jan. 18, 2021).
2
South Florida Water Management District (SFWMD), Everglades, https://www.sfwmd.gov/our-work/everglades (last
visited Jan. 17, 2021).
3
Id.; Seventh Biennial Review, at 13.
4
Seventh Biennial Review, at 21-22; SFWMD, History, https://www.sfwmd.gov/who-we-are/history (last visited Jan. 18,
2021).
5
The Flood Control Act of 1948 (Pub. L. No. 858, s. 203, 62 Stat. 1176).
6
U.S. Army Corps of Engineers (USACE) and SFWMD, Central and Southern Florida Project Comprehensive Review
Study, Final Integrated Feasibility Report and Programmatic Environmental Impact Statement, 1-1 (April 1999) [hereinafter
Restudy], available at
https://www.sfwmd.gov/sites/default/files/documents/CENTRAL_AND_SOUTHERN_FLORIDA_PROJECT_COMPREHE
NSIVE_REVIEW_STUDY.pdf (last visited Jan. 18, 2020).
BILL: SPB 2516 Page 3
diking portions of the central Everglades to create a series of Water Conservation Areas7 for
water supply storage for human and ecological needs.8 Decades of related water management
projects ensued. Today, the C&SF Project is operated by the South Florida Water Management
District (SFWMD) and the USACE.9 It includes 1,000 miles of canals, 720 miles of levees, and
several hundred water control structures providing a wide range of services to South Florida’s
growing population.10
The Comprehensive Everglades Restoration Plan (CERP)
While the C&SF Project performed its intended flood control purposes well for around 50 years,
the project had unintended adverse effects on the unique natural environment of the Everglades
and South Florida system.11 Beginning in the 1970s, concerns began to mount about
environmental impacts in the region, including: significant reduction of natural water storage
capacity, water quality degradation, extreme fluctuations in high and low lake levels, excessive
or inadequate fresh water discharged to the estuaries, substantial impacts to wildlife habitat and
biodiversity, and unsuitable freshwater flows within the system.12 The resulting lack of water
storage leads to ecological damage to Lake Okeechobee and damaging regulatory releases to the
St. Lucie and Caloosahatchee estuaries during wet periods, and water supply shortages for both
humans and the natural environment during dry periods.13
7
USACE and U.S. Department of Interior (DOI), 2015-2020 Momentum, Report to Congress, Comprehensive Everglades
Restoration Plan, Central and Southern Florida Project, 4 (Dec. 2020) [hereinafter 2020 Report to Congress], available at
https://issuu.com/usace_saj/docs/final_2020_report_to_congress_on_cerp_progress_hig (last visited Jan. 18, 2021). Water
Conservation Areas are described as “vast tracts of remnant Everglades sawgrass that serve multiple water resource and
environmental purposes including flood control, water supply, and deliveries of water to Everglades National Park.”
8
Seventh Biennial Review, at 22; Restudy, at 1-1.
9
Restudy, at 1-28.
10
2020 Report to Congress, at xviii, 4-6.
11
Restudy, at 1-1, available at
https://www.sfwmd.gov/sites/default/files/documents/CENTRAL_AND_SOUTHERN_FLORIDA_PROJECT_COMPREHE
NSIVE_REVIEW_STUDY.pdf (last visited Feb. 21, 2021).
12
Id. at iii, 1-2; 2020 Report to Congress, at 5-6; Seventh Biennial Review, at 23.
13
Restudy, at 1-2.
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In the federal Water Resources Development Acts (WRDAs) of 1992 and 1996, Congress
directed the USACE to conduct a comprehensive review study of the C&SF Project (known as
the “Restudy”).14 In 1999, the Restudy recommended a comprehensive restoration plan.15
In the WRDA 2000, Congress authorized the Comprehensive Everglades Restoration Plan
(CERP).16 The CERP is a framework for modifications and operational changes to the C&SF
Project necessary 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.17 CERP
contains over 68 individual components comprising more than 50 projects.18 These components
improve delivery and timing within the Everglades system by increasing the size of natural areas,
improving water quality, releasing water to mimic historical flow patterns, and storing and
distributing water for urban, agricultural, and ecological uses.19 The CERP covers around
18,000 square miles, including all or part of 16 counties in central and southern Florida.20
For a CERP project to receive federal authorization for implementation, and to receive federal
appropriations, it must be included in a “project implementation report” that has received
congressional approval.21 The USACE has developed Programmatic Regulations for the CERP
to ensure that the Plan’s goals and purposes are achieved.22 The federal regulations specify the
requirements for developing project implementation reports, involving public review and
comment and detailed technical analyses necessary for project planning and implementation.23
The reports formulate and evaluate alternative plans for the CERP project, and then identify a
selected plan.
The federal legislation provides the framework for the CERP as a 50/50 cost-share program
between the state and federal governments.24 The USACE is the federal sponsor for the
partnership and the SFWMD is the lead non-federal sponsor.25 The agencies track the cost-
sharing based on their total respective spending on the CERP initiatives. In 2009, the USACE
and the SFWMD executed a Master Agreement, an umbrella agreement for the CERP projects
14
Id. at 1-3–1-7; see Pub. L. No. 102-580, s. 309(l), (1992) and Pub. L. No. 104-303, s. 528 (1996).
15
Restudy, at i-ii.
16
Water Resources Development Act of 2000, Pub. L. No. 106-541, s. 601, 114 Stat. 2680 (2000).
17
2020 Report to Congress, at 6.
18
Id. at 6-7; see generally Restudy. The April 1999 “Central and Southern Florida Project Comprehensive Review Study
Final Integrated Feasibility Report and Programmatic Environmental Impact Statement,” commonly known as the “Yellow
Book,” contains the original Comprehensive Everglades Restoration Plan (CERP) authorized by Congress. The plan
identifies CERP components using a code of letters.
19
Restudy, at vii-x.
20
U.S. House of Representatives, Committee on Transportation and Infrastructure, Subcommittee Hearing on “The
Comprehensive Everglades Restoration Plan and Water Management in Florida” (Sept. 21, 2020), available at
https://www.congress.gov/116/meeting/house/111019/documents/HHRG-116-PW02-20200924-SD001.pdf (last visited
Jan. 19, 2021).
21
Water Resources Development Act of 2000, Pub. L. No. 106-541, s. 601(a)(2)(D)(i), (f), (h), 114 Stat. 2683 (2000).
22
33 C.F.R. pt. 385.
23
33 C.F.R. s. 385.26; see Restudy, at 10-17–10-20.
24
Water Resources Development Act of 2000, Pub. L. No. 106-541, s. 601(e), 114 Stat. 2684 (2000).
25
2020 Report to Congress, at 3.
BILL: SPB 2516 Page 5
that established conditions for cost-sharing and for project partnership agreements.26 Project
partnership agreements establish project-specific responsibilities for the implementing agencies,
and provide project-specific credit to the SFWMD for its land acquisition and project
construction efforts completed prior to the agreement.27
26
See SFWMD, News Release: Momentum for Everglades Restoration Continues with Historic State-Federal Agreements
(Aug. 13, 2009), available at https://www.sfwmd.gov/sites/default/files/documents/nr_2009_0813_master_agreement.pdf
(last visited Feb. 21, 2021).
27
Id.
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Lake Okeechobee
Lake Okeechobee is the largest freshwater lake in the southeastern United States, with a surface
area of 730 square miles and a volume in excess of four million acre-feet.28 It is the largest
component of water storage in the South Florida ecosystem: one foot of water in Lake
Okeechobee equals around 450,000 acre-feet of storage.29 The lake is managed as a multi-
purpose reservoir for navigation, water supply, flood control, and recreation.30
Around 40 percent of the water that comes into the lake is from direct rainfall, and of the surface
water that flows into the lake the largest source is the Kissimmee River, contributing about
60 percent of inflows.31 About 95 percent of the surface water inflows into the lake come from
28
Seventh Biennial Review, at 133; SFWMD, How Much is an Acre-Foot of Water?, available at
https://www.sfwmd.gov/sites/default/files/documents/graphic_acrefoot.pdf (last visited Jan. 25, 2021). An acre-foot is the
volume of water needed to cover one acre of land with one foot of water. It is equal to 325,851 gallons.
29
Seventh Biennial Review, at 133; SFWMD, News Release, South Florida Water Managers Take Steps to Increase Water
Storage (Oct. 14, 2011), https://www.sfwmd.gov/sites/default/files/documents/nr_2011_1014_dispersed_water_storage.pdf
(last visited Jan. 19, 2021).
30
Restudy, at 1-13.
31
Karl E. Havens & Alan D. Steinman, Ecological Responses of a Large Shallow Lake (Okeechobee, Florida) to Climate
Change and Potential Future Hydrologic Regimes, ENVIRONMENTAL MANAGEMENT, Vol. 52, No. 5 (2013), available at
https://pubmed.ncbi.nlm.nih.gov/24178125/ (last visited Jan. 19, 2021); USACE, Lake Okeechobee: Following the Flow,
BILL: SPB 2516 Page 8
the six subwatersheds north (or northwest) of the lake.32 Lake Okeechobee and its watershed
have been subjected to hydrologic, land use, and other anthropogenic modifications over the past
century that have degraded its water quality and affected the water quality of the connected
Caloosahatchee and St. Lucie Rivers and Estuaries.33
The lake’s two outlets with the largest discharge capacity are eastward through the St. Lucie
Canal (C-44) to the Atlantic Ocean, and westward through the Caloosahatchee Canal and River
(C-43) to the Gulf of Mexico.34 Additionally, when storage and discharge capacity are available,
water flows out of the lake through the four agricultural canals.35 See the map above for lake
inflows and outflows.36
The Herbert Hoover Dike is a 143-mile earthen dam surrounding Lake Okeechobee, which was
completed in the 1960s.37 Internal erosion of earthen dams occurs when water seeps through the
embankment and erodes the soil.38 Past scientific studies led the USACE to rank the dike as
being at high levels of risk for failure.39 The erosion and the likelihood of failure of the structure
are dependent on lake levels.40 The capacity of water to flow out into the lake greatly exceeds the
capacity to flow out, so if lake levels exceed certain boundaries water must be released to reduce
the risk of dike failure.41 Due to the safety concerns, major rehabilitation efforts on the dike are
currently underway, with work expected to be complete by 2022.42
The USACE regulates water levels in Lake Okeechobee based on a regulation schedule that
guides lake operations. The 2008 Lake Okeechobee Regulation Schedule (LORS) is the current
regulation schedule.43 This revised schedule lowered the maximum stage of the lake as a
https://www.saj.usace.army.mil/Media/News-Stories/Article/479659/lake-okeechobee-following-the-flow/ (last visited
Jan. 19, 2021).
32
SFWMD, South Florida Environmental Report, Chapter 8B: Lake Okeechobee Watershed Annual Report, 8B-21 (2020),
available at https://apps.sfwmd.gov/sfwmd/SFER/2020_sfer_final/v1/chapters/v1_ch8b.pdf (last visited Jan. 19, 2021).
33
Department of Environmental Protection (DEP), Lake Okeechobee Basin Management Action Plan, 14 (Jan. 2020),
available at