Miccosukee Tribe v. USA, et al

Filing 404

ORDER Granting Plaintiffs' Motions 357 Motion for Contempt; 364 Motion to Compel; 364 Motion for Contempt; in part; Granting Equitable Relief; Requiring Parties to Take Action by Dates Certain. Signed by Judge Alan S. Gold on 4/14/2010. (A ttachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (lh) (Main Document 404 replaced on 4/14/2010) (ail). (Attachment 1 replaced on 4/14/2010) (ail). (Attachment 2 replaced on 4/14/2010) (ail). (Attachment 3 replaced on 4/14/2010) (ail). Documents Replaced with Searchable Images Modified on 4/14/2010 (ail). Modified on 4/14/2010 (ail).

ATTACHMENT B

Select Year:

2009

The 2009 Florida Statutes
. Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 373 WATER RESOURCES

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373.4592 Everglades i m p r o v e m e n t and management.--

(1) FINDINGS AND INTENT.--

(a) The Legislature finds that the Everglades ecological system not only contributes t o South Florida's water supply, flood control, and recreation, but serves as the habitat for diverse species of wildlife and plant life. The system is unique in the world and one of Florida's great treasures. The Everglades ecological system is endangered as a result of adverse changes in water quality, and in the quantity, distribution, and timing of flows, and, therefore, must be restored and protected. (b) The Legislature finds that, although the district and the department have developed plans and programs for the improvement and management of the surface waters tributary to the Everglades Protection Area, implementation of those plans and programs has not been as timely as is necessary to restore and protect unique flora and fauna of the Everglades, including the Everglades National Park and the Arthur R. Marshall Loxahatchee National Wildlife Refuge. Therefore, the Legislature determines that an appropriate method to proceed with Everglades restoration and protection is to authorize the district to proceed expeditiously with implementation of the Everglades Program. (c) The Legislature finds that, in the last decade, people have come to realize the tremendous cost the alteration of natural systems has exacted on the region. The Statement of Principles of July 1993 among the Federal Government, the South Florida Water Management District, the Department of Environmental Protection, and certain agricultural industry representatives formed a basis to bring to a close 5 years of costly litigation. That agreement should be used to begin the cleanup and renewal of the Everglades ecosystem.

; intent of the Legislature to promote Everglades restoration and protection (d) ~ f ,the ~ through certain legislative findings and determinations. The Legislature finds that waters flowing into the Everglades Protection Area contain excessive levels of phosphorus. A reduction in levels of phosphorus will benefit the ecology of the Everglades Protection Area.
(e) It is the intent of the Legislature to pursue comprehensive and innovative solutions to issues of water quality, water quantity, hydroperiod, and invasion of exotic species which face the Everglades ecosystem. The Legislature recognizes that the Everglades ecosystem must be restored both in terms of water quality and water quantity and must be preserved and protected in a manner that is long term and comprehensive. The Legislature further recognizes that the EAA and adjacent areas provide a base for an agricultural industry, which in turn provides important products, jobs, and i n c ~ m e regionally and nationally. It is the intent of the Legislature to preserve natural values in the Everglades while also maintaining the quality of life for all residents of South Florida, induding those in agriculture, and to minimize the impact on South Florida jobs, including agricultural, tourism, and natural resource-related jobs, all of which contribute to a robust regional economy.

(f) The Legislature finds that improved water supply and hydroperiod management are

crucial elements to overall revitalization of the Everglades ecosystem, including Florida Bay. It is the intent of the Legislature to expedite plans and programs for impraving water quantity reaching the Everglades, correcting long-standing hydroperiod problems, increasing the total quantity of water flowing through the system, providing water supply for the Everglades National Park, urban and agricultural areas, and Florida Bay, and replacing water previously available from the coastal ridge in areas of southern Miami-Dade County. Whenever possible, wasteful discharges of fresh water to tide shall be reduced, and the water shall be stored for delivery at more optimum