PROVIDING ASSURANCES OF WATER FOR EVERGLADES RESTORATION

ABSTRACT: A comprehensive plan to restore the greater Everglades ecosystem was approved by Congress in the Water Resources Development Act of 2000. One of the most critical issues associated with implementation of the plan is assuring that water necessary for restoration is reserved or allocated to the natural system and that existing users are protected. Providing appropriate assurances to all stakeholders was one of the most mntentious issues in the development of the legislation. The Act directs that the comprehensive plan be implemented to achieve and maintain the benefits to the natural system and human environment described in the comprehensive plan. The assurance of project benefits required by the Act involves four provisions: an agreement between the President and Governor; a requirement that the Secretary of the A m y promulgate programmatic regulations to ensure that the goals and purposes of the comprehensive plan are achieved; project specific assurances; and a savings clause that protects existing legal uses of water and maintains existing levels of flood protection. The assurances provisions of the Water Resources Development Act of 2000 and in particular, the development of the programmatic regulations, are described. KEY TERMS: ecosystem restoration; water law; water management; water policy; water rights