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2021-09-07 Ex 09RESOLUTION NO. 2021-07 PAGE 1 OF 2 RESOLUTION NO. 2021-07 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ON THE RE- EVALUATION OF LAKE OKEECHOBEE OPERATIONS BY THE U.S. ARMY CORPS OF ENGINEERS PURSUANT TO THE NATIONAL ENVIRONMENTAL POLICY ACT ASSESSMENT FOR THE LAKE OKEECHOBEE SYSTEM OPERATING MANUAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lake Okeechobee is the liquid heart of an integrated regional water management system and is essential and interconnected to communities, businesses, public water supply utilities and ecosystems throughout Okeechobee County; and WHEREAS, Lake Okeechobee is an integral component of the Comprehensive Everglades Restoration Plan (CERP) and is critical to meeting the environmental restoration and water supply needs of South Florida; and WHEREAS, Lake Okeechobee is essential to protecting the region’s water supply infrastructure from saltwater intrusion by providing a source of freshwater to prevent the migration of saltwater into coastal wellfields; and WHEREAS, Lake Okeechobee’s authorized project purposes in clude flood control, water supply, recreation, navigation, environmental effects to fish and wildlife, and cultural and recreational sources; and WHEREAS, Section 1106 of the 2018 Water Resources Develo pment Act (WRDA) directs the Secretary of the Army to expedite completion of the Lake Okeechobee regulation schedule to coincide with completion of the Herbert Hoover Dike project, and may include all relevant aspects of the CERP; and WHEREAS, in January 2019, Okeechobee County received notice from the U.S. Army Corps of Engineers (Corps) that, in accordance with Section 1106 of the 2018 WRDA, the Corps is beginning preparation of a National Environmental Policy Act (NEPA) assessment for the Lake Okeechobee System Operations Manual (LOSOM), which is to re-evaluate and define operations for the Lake Okeechobee regulation schedule that takes into account nearly complete additional infrastructure which will soon be operational components of the water management system; and WHEREAS, rehabilitation activities on Lake Okeechobee’s Herbert Hoover Dike by the Corps began in 2001 and are expected to be complete by 2022; and WHEREAS, the Lake Okeechobee Regulation Schedule for 2008 (LORS08) was implemented as an interim measure to protect the public from the risk of catastrophic failure of the Herbert Hoover Dike; and WHEREAS, the City of Okeechobee, along with the Lake Communities, has provided direction as to which measures that the City of Okeechobee supports and opposes in the Lake Okeechobee operations re-evaluation process and the resultant LOSOM. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; that the City presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. The City hereby supports the following as it relates to the re-evaluation of Lake Okeechobee operations by the Corps: 1. A science-based evaluation that is transparent and acknowledges and balances all congressionally-authorized purposes of Lake Okeechobee operations; and 2. Performance measures that appropriately and accurately characterize impacts to all communities as it relates to water supply, the environment, flood protection, and the economy; and RESOLUTION NO. 2021-07 PAGE 2 OF 2 3. The incorporation of data and methods to ensure proposed operations improve lake ecology, protect water supplies and are robust and resilient to expected climatic variability; and 4. The implementation of water storage and water quality treatment projects in Lake Okeechobee tributary basins north of the Lake; and 5. Lake Okeechobee operations that reduce flood risk and flood insurance premiums for residents and businesses in the Glades communities located southeast of Lake Okeechobee; and 6. Lake Okeechobee operations that assist in achieving restoration flows and other key ecosystem goals, including performance measure developed by CERP’s Restoration Coordination and Verification (RECOVER) program; and 7. The avoidance and/or minimization of Lake Okeechobee discharges to the Lake Worth Lagoon, Loxahatchee River, Indian River Lagoon, St. Lucie Canal, and Caloosahatchee River; and 8. The recognition of the Water Resources Development Act (WRDA) 2000 which included the water savings clause that protects the water supply of existing legal users. SECTION 2. That the City opposes the following as it relates to the re-evaluation of Lake Okeechobee operations by the Corps: 1. Drastically lowering Lake Okeechobee to levels not supported by sound science (e.g. 10.5 feet) which would induce drought conditions, impact the ability to deliver water to critical ecosystems, and result in significant environmental damage; and 2. Lake Okeechobee operations that result in increased risk of saltwater intrusion into coastal wellfields which would cause irreversible damage to freshwater supplies, affect the health and safety of residents, and result in the need for massive alternative water supply infrastructure investments; and 3. Lake Okeechobee operations that result in restrictions on recreational and commercial fishing, which would impact small businesses such as marinas, fishing guide services and the hospitality industry. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 5. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 7th day of September 2021. ____________________________________ Dowling R. Watford, Jr., Mayor ATTEST: __________________________________ Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: ___________________________________ John J. Fumero, City Attorney