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THE MONITORNEWSLETTER OF FLORIDA DEFENDERS OF THE ENVIRONMENT, INC.

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website facebook phone www.fladefenders.org www.facebook.com/floridadefenders 2

FLORIDA DEFENDERS OF THE ENVIRONMENT, INC.

D o ns ster nd ttle n su t A nst orest Ser e

To ree kl h

Florida efenders of the nvironment, ruce aster and oe ittle are suing the nited tates Forest ervice to obtain an order to breach the odman am and restore the free flowing Ocklawaha iver. his action was stimulated by the Forest

ervice’s perfunctory denial of a etition for ulemaking filed by F members ruce aster and oe ittle earlier this year. he underlying etition sought to enforce the terms of odman am’s pecial se ermit that has long since e pired. he lawsuit alleges that the agency has failed to manage their lands, specifically the Ocala ational Forest, in a manner that

furthers the conditions, goals and ob ectives listed in the Florida lan for ational Forests in Florida by allowing the continued, unpermitted use of odman am. he suit is being filed in federal court by the law firm of ane est aw, an environmental and land use law litigation firm based in t. ugustine, on behalf of Florida efenders of the nvironment,

ruce aster and oe ittle.he pecial se ermit that authori es odman am the irkpatrick am was issued on anuary , and e pired in

but was twice e tended to allow the tate of Florida sufficient time to apply for a new occupancy permit that would properly describe their management intentions and provide environmental analysis to support the permit. F refused to adhere to the proposed schedule and eventually, the Forest ervice directed F to renew the permit in in order to allow for coordinated maintenance of the federal lands that are being occupied by the tate. he Order went unheeded and to this day, no permit e ists authori ing the continued occupation of federal land. F oard member, ruce aster, was one of the underlying petitioners and the decision to move forward with federal action was deemed necessary. e regret that we have been left no alternative but to proceed with this lawsuit to force the Forest ervice to restore the Ocklawaha iver.

owever, after waiting patiently for over a decade for the forest service to move forward on restoration of the river our patience has run out. e are aware that the Forest ervice committed to restore the river over years ago and has recently reconfirmed that commitment, but no serious progress has been made to make good on their commitment.Filing the underlying rulemaking petition was deemed necessary to move forward in a timely manner to ensure compliance with the ational Forest anagement ct. hat has developed over the decades with odman is a culture of inaction.

nough is enough. he permit e pired. he terms are clear when the permit e pires the tate was required to remove the structures and improvements authori ed by the permit to allow for partial restoration of the Ocklawaha iver, declared ane

est.ust recently, the Forest ervice filed its legal response to the lawsuit. laintiffs and their lawyer, ane est, had

anticipated that the Forest ervice would initially defend by filing a motion to dismiss. owever, the Forest ervice filed an answer denying some but not all of the complaint. he Forest ervice s answer claimed several defenses, including lack of standing.

laintiffs are now working on ne t steps, include vigorous requests for discovery. t some point the nited tates istrict udge will enter orders scheduling a time line for the litigation. F will keep our supporters informed of the course of the

litigation in he onitor, on the F website, and otherwise as appropriate. he website contains links to the complaint and the Forest ervice s answer, making them available for review by all. Follow this case on our website www.fladefenders.org

hould you wish to make a financial donation in support of this initiative please send a check to F with the word lawsuit in the memo line.

oe ittle ruce aster

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continues to progress under the leadership of Joe Little. This legal action seeks to hold the Florida Legislature accountable for the mismanagement of taxpayer dollars that were intended to purchase and restore land for conservation.

• These are only a few of the critical and costly endeavors currently underway thatneed immediate member support. Your generous donation could underwrite the cost ofsending a delegate to the Everglades Coalition meeting, producing materials for ourOcklawaha restoration campaign, legal fees to fight the Sleepy Creek threats to SilverSprings, and other ongoing initiatives.

Working to protect freshwater resources, conserve public lands, and provide quality

environmental education since 1969.

Executive Committee

Steve Robitaille re e t o e ittle e- re e t a e a i rea rer i l to e retar

Ste e olla At-Large a ai At-Large

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Executive Assistant 2

Steve Robitaille

resident’s essage

Should They Ask: Myth Debunker

yth Florida water supply and quality is being carefully managed for future generations. nfortunately, the truth is that political pressure on water management districts has resulted

in the loss of veteran staff and the permitting of water withdrawals based on faulty models all too often derived from questionable science. esulting loss of flow from springs has contributed to increases in invasive aquatic vegetation choking waterways and limiting public access. lease read the column by F ecutive irector, im ross, in this issue.

yth amming once free flowing rivers, such as the Ocklawaha, improves the bass fishing and local economy. ot so ecords of recent odman bass fishing tournaments reveals that a preponderance of the largest bass were caught in the t ohns iver and then returned to the pool for check in. istory of fishing on the river confirms the potential number and diversity of fish in the river system, such as striped bass, have dwindled in number since the construction of the dam. recent economic study conducted by the

niversity of Florida confirms that a free flowing river would prove a greater boon to the local economy than a damned one pun intended . he return of submerged springs, and the many manatees who would seek them out as warm water refugia, would quickly testify to the recuperative powers of the Ocklawaha and the return to historic levels of recreational use up and down the free flowing river.

yth nvironmental groups, such as F , care more about natural systems than the economic welfare of local residents. Fact is, humans can’t survive in heavily populated areas without an adequate supply of potable water. Florida’s largest source of funding is from tourism, much of it nature based. Foul your nest, kiss your tourists goodbye. hat is why F and its alliance of supporters is taking the time to conduct public and private conversations for the purpose of envisioning how restoration of the Ocklawaha, and the resulting positive impact on ilver prings, can contribute to a re uvenation of the economy in towns like alatka, that have yet to reali e their potential as a destination along Ocklawaha ilver lueway.

F has always prided itself on taking action based on solid science, economic analysis and a respect for the limited use of law. Our members are not an elite club based in a university town. Our membership spans the entire state and our office is in elrose on the county line between lachua and utnam. e actively fish, canoe, kayak, hike, bird and fully appreciate every stretch of the Ocklawaha ilver lueway. asting us anything other than lovers of this region and its residents is another myth we hope to debunk.

If you have been following news and commentary relating to Florida’s water woes and issues relating to restoration of the Ocklawaha watershed, no doubt you’ve questioned the veracity of some of the facts flying about. In this message, I thought I would provide a guide to debunking some of the more popular myths.

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FEBRUARY 2018 VOLUME 35, ISSUE 1

Carl Hiaasen Presented"Marjorie Harris Carr Awardfor Environmental Advocacy"

by Florida Defenders of the Environment On Friday, December 1st, acclaimed author Carl Hiaasen was presented with the first “Marjorie Harris Carr Award for Environmental Advocacy” before a full house at the Florida Museum of Natural History. The Award is named in honor of FDE’s founder in recognition of Hiaasen’s decades of no-holds-barred investigative journalism and Op Ed writing for the Miami Herald. Hiaasen is also the author of some 12 best-selling novels noted for their incisive, satirical renderings of those who profit over the destruction of Natural Florida.In her comments, Mimi Carr read from Hiaasen’s novel, Double Whammy, and its reference to a dying large mouth bass, recalling that her mother, Marjorie, had studied the large mouth bass for her Masters, thus providing a link between Hiaasen’s novel and the plight of bass trying to survive today in the dammed waters of the Ocklawaha River, a remnant of the failed Barge Canal project.FDE President, Steve Robitaille, underscored that Hiaasen was a logical choice for the first presentation of this award, citing the author’s early investigative reporting on Port Bougainville,“a boondoggle mega-condo that was slated to be built on a North Key Largo hammock.” Robitaille observed that Hiaasen’s successful attempt to stave off this potential environmental disaster should remind the audience of Marjorie Carr’s relentless fight to stop the completion of the Cross Florida Barge Canal.In presenting the award, a plaque featuring a full-size bronzed boot, Robitaille held up a copy of Hiaasen’s collected editorials, titled Kick Ass, and expressed FDE’s desire to immortalize the author’s gift for giving the boot to those who would sell off what’s left of natural Florida for commercial profit.In accepting the award, Hiaasen told the audience, "You are the heroes. I am a writer, but you do the real tough work. Like with the Rodman Dam, it's a frustrating thing. Buddy MacKay is here tonight. And I don't know if we knew how good we had it with Bob Graham and Buddy."Drawing a parallel between his work as an editorial writer and environmental activists such as those in the audience, Hiaasen noted, "You've got to get their attention even when you think it's a lost cause and somehow you've got to get in their face."

Photos by Jeff GagePhotographer, UF Florida Museum of Natural History

FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR

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FEBRUARY 2018

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VOLUME 35, ISSUE 1

Fay Baird

Ocklawaha Public Engagement Project (PEP) Update: Remembering the Past – Envisioning the Future

Florida Defenders of the Environment has completed a series of “listening sessions” as the first phase of the public engagement project initiated in 2017. Executive Director Jim Gross is project manager, assisted by facilitator Terry Clark of Staff Connections, Inc., and Executive Committee/ Board member Fay Baird.

The five sessions were held in Palatka (two sessions), Ocala, Gainesville and Orange Springs during the fall of 2017. Community members were invited to share their experiences, concerns, and stories about of the river prior to and after construction of Rodman Dam in the1960’s. The project was funded by a $10,000 grant from the Felburn Foundation for Phase 1 of the project. The main goal of the project is to increase local recognition of the potential benefits of Ocklawaha River restoration, as well as to improve lines of communication among stakeholders regarding the future of the lower Ocklawaha River. Now that the local listening sessions are complete, planning is underway for an American Assembly to be held later this year in Putnam County. An American Assembly is a structured approach for developing scenarios and consensus on a vision for the future. Participants are chosen to represent key stakeholder interest groups. The Ocklawaha PEP Assembly will consist of a forum in which information will be presented on the current status of the river, followed by a session in which participants will identify possible alternative actions to consider for a restored Ocklawaha River. A summary of the community forums, American Assembly and related sources will be made available to the public upon conclusion of Phase 1. Phase 2 of the project will begin after funding is in place, ideally during Fall 2018. This phase will consist of a design charrette to be held at a venue in Putnam County over several days. The design charrette will use input from the American Assembly. A charrette allows all those interested to provide direct input in the local scale design of facilities and potential infrastructure changes. Drawing tables with base maps are provided so that participants can draw their ideas on the maps. One goal of this phase is to include design professionals and students in relevant areas of study to guide participants and answer questions. The charrette will be followed by a summary report that includes follow-up action items, local concerns, and other input from the early activities in the project. The report will be prepared in a form that is suitable for distribution to local elected officials, key stakeholders, natural resources agencies, and members of the public.

Amendment One Lawsuit Updateby Joe Little

In November 2014 the people of Florida adopted an amendment to the Florida Constitution known as Amendment One. The ballot title presented to the voters read: “Water and Land Conservation—Dedicates Funds to Acquire and Restore Florida Conservation and Recreation Lands.” Despite the stated dedicated purpose, the 2015 and 2016 legislative sessions appropriated the funds for purposes other than acquiring conservation and recreation lands. Florida Wildlife Foundation initially filed a lawsuit to invalidate the legislature’s failure to comply with the voters’ intended purpose for adopting the amendment. Florida Defenders of the Environment then commenced a second action on a different legal theory. The two actions have been consolidated and the parties are now engaged in pre-trial discovery. The case is set for trial in July 2018. In the meantime, FDE plans to file pre-trial motions that may resolve the case or narrow the issues to be tried.

The permit was issued to Sleepy Creek Lands, a cattle ranching business owned by Frank Stronach. The permit had been challenged by an alliance that included St. Johns Riverkeeper, Florida Defenders of the Environment, Silver Springs Alliance, and one individual petitioner. However, the legal bar for such challenges is exceptionally high for petitioners. Mr. Stronach and the District recently prevailed in the administrative law process.Wind back the clock. The Stronach permit was pending in late 2014 during the run-up to Governor Rick Scott’s bid for reelection. At that time, the St. Johns River Water Management District issued a notice of intent to deny the permit. The District had concluded that the flow of Silver Springs was already below the proposed minimum flow, and pumping more groundwater would make the situation worse. However, after Rick Scott won reelection, the District changed its mind. If you are suspicious about the timing here, you may be more suspicious of the District’s arguments for changing its mind.The District relied on three principal arguments for issuing the permit. First, it claimed that reduced flow at Silver Springs is largely due to a long-term decline in rainfall. Second, it claimed that water use is declining, so reduced flow at Silver Springs will not be a problem. Third, the District claimed that groundwater pumping has caused flow at Silver Springs to decline by a mere 3 percent. This was the 3-legged stool the District stood on to justify issuing the permit. Failure of any one leg would be solid ground for denying the permit. It turns out that all three legs of the stool are faulty.In 2014 the District conducted a review of rainfall patterns both in the District and in Florida as a whole. The District examined its own rainfall data as well as peer-reviewed scientific articles for evidence of long-term trends in rainfall. The results were included in a draft report dated May 2015. While the District found evidence for short-term variations in rainfall, it found no hard evidence of long-term trends in rainfall, either increasing or decreasing. Curiously, the District never published this report. One leg of the stool is completely missing.The District also said that a trend of declining total water use would protect Silver Springs, but it never provided plausible evidence for declining water use. Florida’s population is growing at a rate of roughly 1,000 people per day. Even the most aggressive water conservation efforts could not possibly cause total water use to go down, especially when the District continues to issue more permits. Moreover, water conservation efforts by the District and water users are reduced today compared to earlier years. The second leg of the stool is also missing.The third leg of the District’s stool is purely imaginary. Measured flows at Silver Springs go all the way back to 1935. The average flow during the first 35 years of from 1935 through 1969 was 826 cubic feet per second (cfs). During the next 35 years, from 1970 through 2004, the average flow was 725 cfs, 12% below the earlier period. During the most recent period of time, from 2005 through 2017, the flow averaged 526 cfs, 36% lower than the initial period of time.Given that these declines in flow are significantly larger than the 3% claimed by the District, and given that they cannot be explained by rainfall or water use, there is only one remaining explanation. Progressively increasing pumping of groundwater is the explanation. Moreover, the actual reductions in measured flows are quite comparable to groundwater modeling results reported by the United States Geological Survey, a federal agency that has no permitting responsibilities in these matters. The District’s stool has no legs to stand on.The reason this relatively small permit is significant should be obvious. It is now possible to justify issuing permits with no valid scientific information whatsoever. This is a sad commentary on the status of Florida environmental safeguards, but not unlike what we have seen for the past 7 years.Florida’s springs are among its most prized crown jewels. We are currently squandering them. All of them.2018 is an election year. It’s time to stop being fooled by 3-legged stools and other political tricks. I suspect we will all want to be mindful of such tricks as we weigh our choices among the candidates.

A version of this column was originally published in the Gainesville Sun

FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR

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Jim Gross

3-Legged Stool Intended to Foolby Jim Gross

The board of the St. Johns River Water Management District approved a permit to pump groundwater on January 9, 2018. While the amount of groundwater permitted was relatively small, the significance of this particular permit is large.

FEBRUARY 2018 VOLUME 35, ISSUE 1

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In Memory of former FDE Project Manager and Author Marjorie Dale Abrams

Marjorie passed away in her home on January 16, 2018. She was born in Chicago, IL to Audrey and Allen Abrams. She had one older brother, Kenneth. All predeceased her. She attended elementary school in Chicago before the family moved to Miami, FL where she graduated from Miami Beach Senior High School. Ms. Abrams next attended the University of Florida graduating with a Bachelor of Arts degree. While at the university she was active in student activities including President of her sorority, Alpha Phi Omega, and President of Mortar Board, National Honor Society. Shortly after college she moved to Atlanta and then New York where she got her start in the in the field of human resource management. Later, when she returned to Miami, she worked for what is now Macy's and began a Master's Degree at the University of Miami. Upon completion she was hired first by Miami-Dade College and next as Dean of Woman at UM. During her tenure at University of Miami, she completed her Ph.D. in the behavioral sciences. Marjorie and her partner, Dorie Stein, moved to Chapel Hill, NC where she worked as Director of Management Training at Duke University. Before she retired, Marjorie worked as a professor and administrator in college and university administration at the University of Miami and Santa Fe College in Gainesville, FL. as well as Project Manager at Florida Defenders of the Environment under Marjorie Harris Carr. She authored and published, under MD Abrams, three North Florida environmental mysteries one of which (Murder at Wakulla Springs) won the Florida Book Award. For many years, Marjorie was active in social justice and environmental activities and a founding member of Women's Money Matters, a sociably responsible investment club. She was a member of B'Nai Israel Synagogue and the United Church of Gainesville. She is survived by her beloved spouse and partner of 39 years, Dorie Stein, as well as her cousin, Bruce Glassner of Belmont, CA, Sharon Abrams of Fotchberg, WI, Dr. Kathleen Leone of Wilmington, NC, and Michael Canning Jr. of Newport Coast, CA, David and Larry Canning. She will be missed by many friends and family.

Legacy GivingWe don't like to be reminded about our own mortality. Sometimes we have advance knowledge. Other times not. The recent passing to two key supporters of Florida Defenders of the Environment gives us pause. John Hankinson's untimely passing was a shock to most of us. Marjorie Abrams had a brief struggle with her illness before passing away. FDE supporters may wish to consider legacy gifts to FDE. Your bequest would return benefits for future generations. Florida Defenders of the Environment is a 501(c)(3) organization. If this is something you may wish to consider, you can consult with an attorney or tax advisor on what works best for your special circumstances. As always, we are grateful to all of our supporters, regardless of how they choose to defend the environment.

As part of her legacy the proceeds of Marjorie's books will go to FDE

THE MONITOR

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FLORIDA DEFENDERS OF THE ENVIRONMENT, INC.

John H. Hankinson, Jr. CD Release Parties Launch SilverOcklawaha Blueway Restoration

The John H. Hankinson Memorial CD was released at two October parties held at Creekside Dinery in St. Augustine and First Magnitude Brewery Company. Funds from the sales of the CD will go to John H. Hankinson, Jr. Legacy Fund, an independent restoration campaign under the leadership of John’s sister, Margaret Spontak. John’s involvement in the restoration of the Ocklawaha, dating back to his high school days, will continue as the newly formed SilverOcklawaha Restoration movement.

The motto of the Blueway project, “Reconnect, Restore, Revitalize,” envisions the return of the Ocklawaha and Silver rivers as a scenic blueway, establishing the region through which they flow as what author Sidney Lanier called “The Sweetest Water Lane in the World.” By reconnecting these jewels of the Florida landscape, the supporters of the Blueway hope to enhance both the ecology and economy of the region.

The Blueway organizers are encouraging public engagement in the form of such activities as taking friends and public officials to the Blueway by land or water, posting pictures, stories and messages on social media, participating in the Marjorie Carr Cross-Florida Greenway public meetings, requesting speakers for clubs and organizations and tracking legislative efforts related to Silver and Ocklawaha Restoration.

FDE encourages its members and supporters to get on board with the Blueway campaign. You may contact them at wwwJohnHHankinsonJr.com or at (352)229-2887.

John Hankinson's band, The Hombres

FEBRUARY 2018 VOLUME 35, ISSUE 1

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The SilverOcklawaha Blueway

Creating a Shared Vision

Imagine restoring the magic of the free-flowing rivers that once connected Ocala to Palatka. Through consensus and shared vision, we can bring back the magnificent blueway that author Sidney Lanier called “The Sweetest Water Lane in the World.” In the early 19th century, the Ocklawaha and Silver Rivers between Putnam and Marion counties provided an unforgettable steamboat route, beginning and ending with fine hotels and the bustling communities of Ocala and Palatka. Palatka had 6,000 hotel rooms serving adventuresome travelers. Writers such as Marjorie Kinnan Rawlings vividly described the lush flora, fauna, birds and wildlife along the way.Today, this scenic blueway is still one of the state’s most significant natural treasures. Beginning at Silver Springs and ending at Welaka and the St. Johns River, this aquatic trail is one of the longest undeveloped river corridors in the state. It is flanked by public lands including the Ocala National Forest, Marjorie Carr Cross-Florida Greenway, and Silver River Park. The historic route is only encumbered by the 40-year-old Rodman Dam that blocks river and spring flows, the movement of aquatic species, and boat travel. Reconnecting the Silver and Ocklawaha Rivers and restoring 9,200 acres of floodplain forest will return many species of native fish and wildlife to the Ocklawaha River and Silver Springs, enhancing the ecology and economy of the region. Expanded recreation users, nature tourists, new residents, and supporting businesses will create a thriving economy. Imagine 20 small springs flowing freely once the weight of the reservoir waters is gone. Think about Silver Springs filled with Manatees and brimming with diverse fish. Envision an unencumbered boater’s paradise with strategically-placed camping platforms, hiking and mountain biking trails intersecting points along both rivers. Perhaps a wilderness camping area would serve scouts, explorers and stressed out grown-ups in the Little Lake George Wilderness area. A sportsman’s lodge might perch on the bluff connecting to the St. Johns River or another strategic overlook, serving as a gathering point for paddlers, hikers, birders, hunters and anglers. The new Palatka River Center off SR100 and a re-established US Forest Service Visitor’s Center on SR40 provide perfect starting points to help visitors plan their adventures. Join in the movement to reconnect and restore the Ocklawaha and Silver Rivers, revitalizing the economies in Putnam and East Marion Counties and this wild and wonderful river system. Visit the website: http://www.johnhhankinsonjr.com/index.html

Key Talking Points

• Restore 9,000 acres of valuable flood plain forests and 16 miles of river• Expand river recreation for fishing, boating, birding, hiking, camping and wildlife viewing• Uncover 20 hidden springs now buried by the weight of the reservoirs’ waters• Improve water flow in the Ocklawaha, St. Johns, and Silver Rivers• Restore migration of striped bass, shad, sturgeon, and many aquatic species• Provide safe access for manatees to the Ocklawaha, Silver River and Silver Springs• Improve fishing along the entire river• Bring economic benefits from new river users and supporting businesses• Reduce approximately $1 million in annual operating and maintenance costs

FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR

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Economic Importance and Public Preferences for Water Resource Management of the Ocklawaha River

The University of Florida (UF) Food and Resource Economics Department recently completed two years of study of the economic importance and public preferences related to restoration of the Ocklawaha River. UF experts concluded that total expenditures and economic impacts of visitor spending for recreational activities on the natural portions of the Ocklawaha River were about twice as high as for recreational activities on the Rodman Reservoir.

Recreational users were interviewed to determine their knowledge about and preferences for activities available at the Kirkpatrick Dam and its associated Recreation Areas, as well as upstream areas including Kenwood Landing, Eureka Dam West Landing, Ray Wayside Park, and the Silver Springs State Park. An estimated 1.8 million people visited these sites during the two-year study period. A total of 681 groups were interviewed during February and March of each year to ascertain activities, preferences, and spending. A regional economic model was utilized by the UF team to evaluate direct and indirect contributions of these visitors to the local economy. A large majority of the respondents (89%) visited the area specifically to engage in activities associated with the rivers and reservoir. The majority (75%) had been to these sites on previous occasions, and most (82%) were only staying for one day.

Principal recreational activities included wildlife viewing, boating, paddling, fishing from a boat or shore, and sightseeing. Paddling sports were more popular during the drawdown in 2016 at Ray Wayside Park and in Silver Springs State Park. Shore fishing, assumed to be for subsistence purposes, was the major activity at the Kirkpatrick Dam, while boat fishing was the main use at the Kenwood Landing location. When categorized as Rodman Reservoir vs. Ocklawaha/St. Johns River sites, visitation counts indicated that the river sites received nearly twice as much visitation. Trip spending averaged about $57 per group, roughly evenly distributed for lodging, gasoline, food, and other. Overall visitor direct expenditures were estimated at $6 million at the reservoir sites versus almost $20 million at the river sites. This critical information is an important factor in the ongoing controversy surrounding breaching the Kirkpatrick Dam and ultimate restoration of a free-flowing Ocklawaha River.

Gratitude is extended to the funding partners for the study: Marion County Soil and Water Conservation District; Felburn Foundation, Silver Springs Alliance, Florida Defenders of the Environment, Putnam County Environmental Council, Suwannee-St. Johns Chapter Sierra Club, and St. Johns Riverkeeper.Link to the study is on FDE's website: http://fladefenders.org/uf-economic-study/

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