NAPLES DAILY NEWS

Friday, May 25, 2007

 

Judah pushes WMD to require better surface water management

By Charlie Whitehead

 

In October the South Florida Water Management District will be asked to renew water use permits that allow irrigation with as much as almost 103 billion gallons of water a month.

 

That water irrigates almost 670,000 acres of crops, more than 100,000 of it sugar cane. Lee County Commissioner Ray Judah is not a big fan of Big Sugar, but he’s not pushing the district to deny the permits.

 

What he does want, however, is for the district to require surface water management improvements. The connection between crop irrigation and stormwater run-off may seem tenuous, he says, but it’s there.

 

That connection is the brainchild of Greg Rawl, a local hydrogeologist who’s done work on water quality for the county. He explains it this way:

 

Without the irrigation, Rawl says, the agricultural uses could not survive. Fertilizer is added to the irrigation water. The irrigation puts nutrients onto the ground. Then it rains. Because the land uses predate the implementation of most surface water management practices the rainwater runs off into drainage ditches. Those ditches carry the nutrients off the land and into the Caloosahatchee River.

 

“The whole area is grandfathered,” Rawl said. “There’s not even a surface water management permit. It goes right into the Caloosahatchee on this side of the lake.”

 

Rawl — and, by the way, the Southwest Florida Watershed Council — says that the state statute under which the district grants the permits requires that the use be reasonable and beneficial, that it be in the public interest and that it not cause an adverse impact.

 

The nutrients carried into the river are clearly an adverse impact, according to a Watershed Council letter sent to the district and to county commissioners this week. The letter says it’s the district’s legal responsibility to reduce pollution in the river.

 

“The district has the statutory responsibility to correct this problem, but has repeatedly failed to do so,” said Watershed Council chairman John Cassani.

 

Judah has asked his fellow commissioners to write to the district asking them to demand Best Management Practices for surface water management as a permit condition. Best Management Practices is a slate of improvements designed to remove impurities from stormwater run-off before it reaches water bodies.

 

“Essentially, the end users of the water permitted by the district, for the most part, have not implemented Best Management Practices,” Judah said. “If the permits are re-issued we say they should mandate BMPs.”

 

Judah has argued that BMPs should be mandatory everywhere. The district has thus far encouraged, not mandated, their implementation.

 

“The users should be required to use BMPs,” Judah said. “Absolutely they can require it and there are all sorts of reasons why they should.”

 

Rawl says those kind of improvements could make a huge difference in Caloosahatchee River water quality.

 

“There are huge pollutant loads coming in between the lake and the Franklin Locks,” he said. “All those uses are grandfathered. This is the only handle the district has.”

 

There are 470 different water use permits up for renewal in October. The permits are given for a limited time - typically 20 years.

 

Cassani asks that commissioners pressure the district to force the BMPs. Judah says they should, and the county should be ready for the next step if they refuse.

 

“If they don’t, I’d submit the board has no other choice but to take legal action,” he said.

 

Phil Flood, manager of the Fort Myers district office, referred questions to the main office in West Palm Beach. Calls there were not returned.

 

Flood did say the permit renewal deadline was extended 18 months.