Water Pump Case Tests Federal Law

FORT LAUDERDALE, Fla., Jan. 9 — For nearly half a century, a pumping station in South Florida has been pouring millions of gallons of storm runoff annually into the Everglades, keeping the farms and backyards of western Broward Country dry but filling the wetlands with water often tainted by pollutants, mainly from phosphorus-rich fertilizers.

The court, which will hear arguments on Wednesday in a lawsuit brought by a small Indian tribe,
the Miccosukee, against Florida water authorities, will decide whether, legally speaking, the pump is adding pollutants to the Everglades or is simply transferring them between bodies of water that belong to the same large national system of waterways. If the court decides the pump adds pollutants, S-9 and similar pumping equipment could become subject to a stringent system of permits and pollution controls required under the Clean Water Act.