Last Thursday on November 16, the ACOE reported they will reduce the amount of water they are releasing from Lake Okeechobee. The Corp had been releasing at a high rate, on and off, since September 20th. New targets are 2800 cfs east and 6500 cfs west.
Photos below were taken yesterday, 11-19-17 by my husband, Ed Lippisch. We will continue to document the discharges from Lake O, and area canals.
As Thanksgiving approaches, we are thankful the discharges are lessened and that the SFWMD and the public are working hard to plan the EAA Reservoir Senator Negron fought for… We the people of Martin County, will not be satisfied until these discharge stop. The river has its hands full with unfiltered discharges draining agriculture and developed lands from C-23, C-24, C-25 and C-44. All must be addressed.
“And where the river goes, every living creature that swarms will live, and there will be very many fish. For this water goes there that the waters of the sea may become fresh; so everything will live where the river goes…” Ezekiel
Martin County is furiously fighting erosion at Bathtub Beach. Friend, Amy Galante, sent me a web-cam photo today revealing that ocean water appears to have earlier *breached the remaining man-made dune. When I stopped the by the beach, about an hour ago, at lunchtime, workers assured me no water had entered the parking lot and insisted the area was closed and that I needed to leave immediately. When I got out of my car on the side of the road, it certainly looked as though Mother Nature had left her footprint, but what do I know, I’ve only been visiting Bathtub Beach since I was an infant…
11-15-17: *The County has contacted me asked if I am going to “correct” my post. “The breach you are referring to may be the hole cut in the dune to give equipment access to the beach.” —-I do apologize if my word choice was incorrect. I continue to feel this area of Martin County is one of concern.
Chart 2004-2014. Much re -nourishment has been done since this time. Source: Martin County Government.
A new day could dawn for Florida, should Constitution Revision Commission proposal #24 go on the 2018 ballot. This ballot initiative would allow the electorate to vote for a “Commissioner of Environmental Protection.”
I sponsored this idea, an idea brought to the CRC’s attention by two speakers during the public hearing process, as well as by public proposal #700012, submitted by Mr. Gamez.
Formally expressed Proposal #24 reads:
“A proposal to amend Sections 3 and 4 of Article IV and create a new section in Article XII of the State Constitution to establish the office of Commissioner of Environmental Protection as a statewide elected officer, to provide duties of the commissioner, and to include the commissioner as a member of the Cabinet.”
Why do I support this idea? Because it is my job as a commissioner to get some of the thousands of public ideas before the CRC, and because I believe the “time is now” for the Environment to have a seat at the table with other cabinet positions.
Yes, environmental protection of natural resources must rise to the top of state priorities just as the state’s oldest and number two economic driver, agriculture, has. Our Natural Resources must be represented in the Florida Cabinet. This year, the Florida Chamber reports that Florida’s population, now at 20,000,000 will reach 26,000,000 by 2030, in just twelve years! It is tourism that is Florida’s number one economic driver. Much of this success is based on the beauty and quality of our beaches, rivers, and springs, and natural lands. We all know, growing incidences of algae blooms in lakes, springs, and rivers, some in areas of natural lands, is not good for tourism.
Let’s look at Florida government’s present hierarchy having to do with natural resources and discuss why it should be changed. The state’s present organizational chart shows a Commissioner of Agriculture as a cabinet position just under and to the right the Governor; a Fish and Wildlife Commission, and a Department of Environmental Protection, as executive agencies under the executive branch of the Governor; and the Water Management Districts in the lowest tier as local government. Interestingly, the Water Management Districts are attached by a dotted line to the Department of Environmental Protection noting at “unique relationship.” This is qualified by the following sentence: “Water management districts have individual governing boards but the Department of Environmental Protection may exercise general supervisory authority over water management districts (s. 373.026(7), Florida Statutes).”
The Fish and Wildlife Commission much more independent, but the Water Management Districts are not. Because Water Management Districts levy taxes from citizens as a special district one must be cognizant so that they not become “arm of the state.” But what would be even worse would be if the Water Management Districts were not answering to the people they tax…
It is time to have a “lead agency.” An agency that can answer to the people.
Let’s discuss leadership. Right now there is no clear environmental protection leader. For instance, in my opinion, for a citizen trying to get answers about why our environment is falling apart the Water Management Districts are pointing in one direction; the Department of Water Quality for the Commissioner of Agriculture’s Best Management Practices is pointing in another; and because the present Department of Environmental Protection is at the whim of politics of every new administration; they are weak, and afraid to lead. With every new governor the pendulum swings. The DEP is unable to fulfill its mission as the state’s lead agency of environmental protection.
And all the while our environment keeps falling apart…
On a personal note, for years, here in South Florida, I complained about the demise of our St Lucie River/Indian River Lagoon and surrounding environment and pushed for more action on behalf of the South Florida Water Management District. After years of head nods, I was finally told by a Governing Board member that the District’s number one priority is not water quality, but flood control and that I should be speaking to DEP.
“Why didn’t you tell me that earlier,” I exclaimed.
When I contacted Department of Environmental Protection their response was lackadaisical noting that many entities of the state oversee water quality and environmental issues. For instance, Best Management Practices for Agriculture, and the complicated DEP Basin Management Action Plans/Total Maximal Daily Loads in coordination with the Water Management Districts, and all local governments including cities, counties, villages…
“But who is in charge?” I asked? “The St Lucie River has been labeled “impaired” by your agency since 2002. Why was it allowed to get that bad in the first place and why is it continuing to get worse?”
Again I asked, ” Who is in charge?”
There was silence…
I thought to myself, “No wonder the Department of Environmental Protection is sometimes referred to as the agency of “Don’t Expect Protection.” No wonder every year more of the state’s waters are reported as “impaired.” No wonder D.E.P., Agriculture, and the Water Districts collude to extend the Basin Management Action Plan deadlines instead of getting more serious about the detrimental ramifications of non-point pollution for the people.
Enough is enough. The time is now to give voters the opportunity to vote for a Commissioner of Environmental Protection and finally have a seat at the table.
The commissioner of environmental protection shall have
63 supervision of matters pertaining to environmental protection
64 that the Department of Environmental Protection or its successor
65 agency and water management districts are required or authorized
66 by law to implement and administer.
Jacqui Thurlow-Lippisch is a commissioner on the 2017/18 Constitution Revision Commissioner; *this proposal will go before the Executive Committee sometime in December or January. If it gets through that committee it will have to make it through both General Provisions and Ethics and Elections. You can support or voice concerns about this proposal by first writing the Executive here: https://flcrc.gov/Committees/EX/
In 1998 the Constitutional Revision Commission proposed a rewrite of Article IV, Section IV of the Florida Constitution that reduced the Florida Cabinet from six elected officials to three. Effective January 7, 2003, the Florida Cabinet consists of the Attorney General, the Chief Financial Officer and the Commissioner of Agriculture. The Cabinet offices of Secretary of State and Commissioner of Education became appointed offices and their respective agencies became the responsibility of the Governor. The revised constitution also created a new State Board of Education with seven members appointed by the Governor to oversee the Department of Education. The Cabinet offices of Treasurer and Comptroller were merged into the new position of Chief Financial Officer who serves as agency head for the newly created Department of Financial Services.
Florida’s constitution is important, not only because it is the ultimate law of the state, but because it sets the people’s values before the legislative, executive, and judicial branches. These words are a reference in times of question and must be clearly written on the side of the citizen.
Right now, in Article II, Section 7, (a) “Natural resources and scenic beauty,” the Florida constitution reads:
(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.
Because this language is vague, ( what is adequate provision? ), and case law is sparse, these words become “overruled” by Florida Statute that clearly gives “permit holders” standing over citizens, and of course the environment making the present environmental protections in the state constitution “inadequate.”
“No action pursuant to this section may be maintained if the person (natural or corporate) or governmental agency or authority charged with pollution, impairment, or destruction of the air, water, or other natural resources of the state is acting or conducting operations pursuant to currently valid permit or certificate covering such operations, issued by the appropriate governmental authorities or agencies, and is complying with the requirements of said permits or certificates.”
So a citizen is not at liberty to sue if a polluting entity is causing environmental destruction that is acting or conducting operations pursuant to a currently valid permit protected by a state agency. And if someone attempts to sue anyway, they have no real standing in a Florida court of law.
~But, what if a sinkhole spanning 45 feet opened at a Mosaic phosphate fertilizer facility leaking 215 million gallons of “slightly radioactive water,” but this news did not get to the people who have wells in the area for weeks?
~What if the Army Corp of Engineers, and the South Florida Water Management District knew they were discharging billions of gallons of toxic algae from Lake Okeechobee into a community’s river making some citizens sick, yet there was no discussion, warning, or health notices posted until the entire ocean ran green?
~What if an entity could withdraw so much water from a spring or aquifer that….
What if, is now reality.
Yes, permit holders should be “protected,” nonetheless, having a valid permit should not be a right to infringe on the health, safety, and welfare of Florida citizens. Florida citizens and their environment co-exist. When necessary, citizens should have the right to fight for a clean and healthy environment.
We all know that many of Florida’s waters are “growing greener, and more toxic.” This was recently reported by TCPalm’s Jim Turner:
“The 2016 report from the Florida Department of Environmental Protection shows a mixed bag for the state’s waters, with many trending toward more-frequent toxic algae blooms, fueled by rising nitrates from farm and residential fertilizers, sewage, pet waste and other human-related sources.”
Florida’s “impaired” waters are growing, not decreasing. More springs, rivers and lakes are in horrible condition. We see it. Like it or not, the only way to ensure an “adequate” future for Florida’s citizen’s and her waters is to find a way to create acceptable language giving people a constitutional right to a clean and healthful environment.
CRC - 2017P 23By Commissioner Thurlow-Lippisch
1 A proposal to amend
2 Section 7 of Article II of the State Constitution to
3 establish that every person has a right to a clean and
4 healthful environment.
6 Be It Proposed by the Constitution Revision Commission of
9 Section 7 of Article II of the State Constitution is
10 amended to read:
11 ARTICLE II
12 GENERAL PROVISIONS
13 SECTION 7. Natural resources and scenic beauty.--
14 (a) It shall be the policy of the state to conserve and
15 protect its natural resources and scenic beauty. Adequate
16 provision shall be made by law for the abatement of air and
17 water pollution and of excessive and unnecessary noise and for
18 the conservation and protection of natural resources.
19 (b) Those in the Everglades Agricultural Area who cause
20 water pollution within the Everglades Protection Area or the
21 Everglades Agricultural Area shall be primarily responsible for
22 paying the costs of the abatement of that pollution. For the
23 purposes of this subsection, the terms "Everglades Protection
24 Area" and "Everglades Agricultural Area" shall have the meanings
25 as defined in statutes in effect on January 1, 1996.
26 (c) The natural resources of the state are the legacy of
27 present and future generations. Every person has a right to a
28 clean and healthful environment, including clean air and water;
29 control of pollution; and the conservation and restoration of
30 the natural, scenic, historic, and aesthetic values of the
31 environment as provided by law. Any person may enforce this
32 right against any party, public or private, subject to
33 reasonable limitations, as provided by law.
Proposal #23 was a public proposal. It was created by Traci Deen and her students at Barry University. I sponsored their publicly submitted proposal #700450. There were other proposals also on the “rights of environment/nature” topic including 7000672 by Richard Silvestri; 7000216 by Trevor Tezel; 700739 by Richard Grosso; —submitted to Article 1, Declaration of Rights, 700558 a Florida Environmental Bill of Rights by Paul Laura; and the Rights of Nature submitted independently by Mr. David Hargrove. Thank you to all and the many others!
If you have any ideas or would like to comment, please write me directly at firstname.lastname@example.org or at this blog post.
*This proposal will go before the Judicial Committee on November 28 and if it makes through that committee it will go through the General Provisions committee. You can write committees here to support or express concerns: http://flcrc.gov/Committees
These aerial photos over the St Lucie Inlet were taken by my husband, Ed Lippisch, Sunday, October 29, 2017, at 1:45pm.
The number one issue here is the polluted waters of Lake Okeechobee being forced into the SLR/IRL because they are blocked by the Everglades Agricultural Area from going south.
The ACOE has been discharging Lake O waters into the St Lucie since mid-September. These over-nutrified and sediment filled waters continue to destroy our economy and ecology on top of all the channelized agricultural and development waters of C-23, C-24 and C-25. Stormwater from our yards and streets also adds to this filthy cocktail.
Near shore reefs, sea grasses, oysters, fish? A human being? Better not have a cut on your hand…Not even a crab has an easy time living in this.
We move forward pushing the SFWMD and ACOE for the EAA Reservoir with these sad photos and the fact that our waters are putrid at the most beautiful time of year as motivation. We will prevail. One foot in front of the other.
“Say No to Lake O,” this is one of the rallying cries of the River Kidz. If only it were as easy as just saying “no.” According my numbers-man, my brother Todd, the “St Lucie River has taken in more than 86+ billion gallons this year, enough to put Stuart under 111 feet of water. This is only enough to take 6 inches off of the lake.” The west coast is taking most of the lake level reducing water and of course they are screaming “say no to Lake O” too.
Realistically, with the Army Corp of Engineers reporting the Lake level at 17.07, today, it will be a few more weeks of releases to get near or under 16 feet. A safer number for the dike and for the people who live in fear of it breeching. Not to mention the 525,000 of acres of protected sugarcane… http://w3.saj.usace.army.mil/h2o/reports.htm
I do believe the authorities are getting the message, though…so keep screaming. SAY NO TO LAKE O! For everyone!
I think our water culture is changing, and the government is being forced/inspired so they can get reelected and respected…. to improve our water/rivers situation. Just yesterday, I got an email about a woman whose Bascom Palmer doctor notes she has an eye infection in her cornea very possibly from “walking the bridge,” repeatedly over the St Lucie River.
I am not making this up.
These health issues are real. More and more people are realizing this. Lake O and other canal unfiltered pollution must halt.
It’s hard believe that we have taken 86+ billion gallons this year, enough to put Stuart under 111 feet of water. But this is only enough to take 6 inches off of the lake. The west coast is taking most of the lake level reducing water.
By the way, I have a new link of my Lake O Satellite imagery page that will actively pull up the last 7 days of low res images from all three satellites: St Lucie River Discharges Latest Lake O Satellite Imagery (http://www.thurlowpa.com/LakeOImagery/) Click on the “Terra/Aqua/Suomi Last 7 days icon”.
Thomas H. Thurlow III THURLOW & THURLOW, P.A. 17 Martin L. King, Jr. Blvd. Suite 200 P.O. Box 106 Stuart, FL 34995-0106 Phone: (772) 287-0980 Facsimile: (772) 220-0815 Email: email@example.com Web: http://www.thurlowpa.com
Guest blog an photos by Geoff Norris, Indian River Plantation POA Group:
Guest blog an photos by Geoff Norris, Indian River Plantation POA Group:
These photographs of the Indian River Lagoon were taken on 11 October 2017, between the bridge at East Ocean Blvd, Stuart and north to Indian Riverside Park and Jensen Beach, Florida. The lagoon waters have been polluted for several days with run-off from Lake Okeechobee making the lagoon various shades of brown, orange, red and grey, with dirty scummy foam a feature at the shorelines and also as foamy windrows and wave crests in open water. The St Lucie River is in much the same state.
During this time the Army Corps of Engineers has been opening the locks at Port Mayaca to discharge water from Lake Okeechobee down the St Lucie Canal to the St Lucie River/Indian River Lagoon estuarine system. Rates vary from 4500 to 5500 cubic feet per second, equivalent to 2.9 to 3.5 billion gallons per day. It has been calculated that this amount of discharge would cover the Stuart peninsula north of Monterey Road with four feet or more of water in one day.
The Florida Oceanographic Society reports for 10 October 2017 that salinities in the Lagoon have been drastically reduced by this lake discharge to between 1 and 3 parts per thousand sufficient to kill many estuarine fish and other plants and animals (normally the salinity would be between about 20 and 25 parts per thousand in this section of the lagoon). The Society has graded the overall health of the Lagoon on either side of the East Ocean Bridge as “Poor to Destructive”. See this link:
The Army Corps of Engineers is aware that they are killing the St Lucie/Indian River Lagoon estuarine system by their actions, but consider it more important to lower the Lake Okeechobee level from the current level of 17.2 (feet above mean sea level) to a desired level of between 12 ft and 15 ft.
These are the facts. It is also a fact that politicians have not managed to stop this destruction.