Florida Governor Rick Scott issued Executive Order No. 16-155 yesterday, declaring a state of emergency in Martin and St. Lucie counties relating to the effects of Lake Okeechobee discharges and algal blooms on the estuaries.
The order calls on the federal government to fund and expedite repairs to the Herbert Hoover Dike surrounding Lake Okeechobee to safely allow more storage within the lake. Additional storage in Lake Okeechobee would help relieve freshwater releases to the estuaries.
In a further effort to solve immediate storage needs, the governor’s comments encouraged the expedited execution of dispersed water management contracts with private landowners.
Dispersed water management refers to private landowners contracting with the state to hold back excess water on their lands.
The Executive Order authorizes emergency officials at the state level to waive or deviate from statutes, rules, ordinances and orders they administer as necessary to cope with the emergency, including expediting execution of contracts, incurring obligations and spending public funds to help provide relief.
Coupled with the governor’s comments, the Executive Order presents an opportunity to expand dispersed water management to aid in relief efforts.
Approvals may be needed from the state and federal government for the additional storage, and the governor called on the federal government to “speedily approve permits for our dispersed water management programs.”
For additional information on the Executive Order and dispersed water management, please contact Gunster attorneys Luna Phillips (954-712-1478), Beth Ross (561-650-0555) or Debbie Madden (954-713-6413).
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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