Sugar companies sue Army Corps, which could affect EAA reservoir, LOSOM, Everglades

Katie Delk, Treasure Coast Newspapers
Updated ·4 min read

Three sugar-farming companies have appealed lawsuits they lost against the Army Corps of Engineers over how much Lake Okeechobee water is available to them for crop irrigation.

U.S. Sugar Corp., Okeelanta Corp. (Florida Crystals) and the Sugar Cane Growers Cooperative say Congress promised them a certain amount of water in a "savings clause" in the Water Resources Development Act it passed in 2000. However, the Army Corps held less water in the lake per the management plan it wrote in 2008, called the Lake Okeechobee Regulation Schedule (LORS).

Sugar farmers want to recoup the 500,000 acre feet of water they say they lost. That's over 1 foot of water off the 730-square-mile lake and equates to about 1 million Olympic swimming pools.

Four governments, two chambers of commerce and six environmental nonprofits filed legal documents this month supporting the Army Corps because they worry the lawsuit will:

The Everglades Law Center is one of the interested parties that filed an "amicus brief" supporting the Army Corps. Stuart co-signed the brief and donated $10,000 to the nonprofit.

“If the savings clause were to be enshrined in law as loosely interpreted as the sugar companies would like, what happens is flood control, water quality, recreation, all the other priorities get swept to the wayside,” Stuart spokesperson Ben Hogarth said. “There is no doubt in my mind: You are bringing about absolute disaster across the board.”

Sugar farmers sue Army Corps again

The sugar companies sued the Army Corps on Aug. 26, 2021, but U.S. Judge Donald Middlebrooks ruled in favor of the Army Corps in March. The sugar companies appealed the case in May.

"Congress passed a law that requires that the federal government will 'restore, preserve and protect the South Florida ecosystem while providing for other water-related needs of the region, including water supply and flood protection,' " U.S. Sugar Corp. spokesperson Ryan Duffy said on behalf of all the plaintiffs and legal supporters. "The actions of the U.S. Army Corps of Engineers have run afoul of this law and we have filed suit to ensure that the law of the land passed by Congress is followed."

U.S. Sugar Corp. said it could tap reservoirs to recoup its 500,000 acre feet, but the EAA reservoir the Army Corps is building will hold 240,000 acre feet of Lake O water — only half of what sugar wants.

The water the sugar companies want historically flowed south to replenish the Everglades. Their "distorted interpretation of the savings clause would cripple" Everglades restoration, the South Florida Water Management District said in its brief supporting the Army Corps.

“Everglades restoration was never intended to be the guarantor of water supply for the sugar industry or any industry,” said Everglades Law Center Policy Director Lisa Interlandi. "We recognize that if this position were adopted, that Everglades restoration would not end up with any water. The water would have to be held to be a backup water supply for the sugar industry.”

The 78.2 billion gallon EAA reservoir being built on 10,500 acres south of Lake O is estimated to reduce Lake O discharges to the rivers by as much as 63%, combined with other water projects.

If the sugar companies win, the Army Corps would have to redesign the EAA reservoir, which would delay it, Interlandi said. However, Duffy said the lawsuit will not "hamper" the EAA reservoir.

U.S. Sugar Corp.: Statement from spokesperson Judy Sanchez

The Army Corps also would have to rewrite LOSOM, causing further delays, Interlandi said.

Col. James Booth estimated LOSOM will take effect this spring or summer. The initial August 2022 deadline has been delayed several times.

These interested parties filed amicus briefs

Interested parties filed briefs supporting the sugar companies on Aug. 30 and the Army Corps on Nov. 20. Those supporting the Army Corps are:

  • South Florida Water Management District

  • City governments of Stuart, Sanibel, Islamorada and Lake Worth Beach

  • Chambers of commerce of Islamorada and Sanibel-Captiva Islands

  • Everglades Law Center

  • The Everglades Foundation, Inc.

  • Florida Bay Forever, Inc.

  • Florida Keys Fishing Guides Association, Inc.

  • Captains for Clean Water, Inc.

  • Sanibel-Captiva Conservation Foundation, Inc.

Those supporting the sugar companies are:

  • West Palm Beach city government

  • Lake Worth Drainage District

  • Florida Farm Bureau Federation

  • Florida Fruit & Vegetable Association

The city and drainage district require higher canal levels for “recharge of their groundwater wellfields and for protection against saltwater intrusion,” according to their briefs.

The court will either issue a ruling or schedule oral arguments, Interlandi said.

Katie Delk is an environmental reporter for TCPalm. Contact her at katie.delk@tcpalm.com or 772-408-5301. Check for updates at @katie_delk.

This article originally appeared on Treasure Coast Newspapers: U.S. Sugar, Florida Crystals sue Army Corps over WRDA savings clause