Beginning on 5 January 2009, 30 environmental activists staged a five-day vigil along the Barley Barber Swamp to draw attention to what they claimed were damages being wrought by the power company's 3,705
megawatt Martin County plant. They also claimed that the swamp and its waterway is not a part of
Florida Power & Light property but rather Waters of the State and Waters of the U.S, held for use by the public. The activists claim that the Martin County power plant is drawing water from the aquifer below the swamp causing the soil to subside below the root systems of the trees, resulting in declining forest health. On January 10, seventeen of the activists were arrested for
trespassing. Florida Power & Light has since stated that the company will reopen the Barley Barber Swamp by 2010. Much of the evidence behind claims of the Martin Plant's detrimental impacts on the Barley Barber Swamp come from research conducted by hydro-ecologist Dr. Sydney Bacchus. Bacchus has stated that the power plant's
cooling pond and water use have caused "surficial aquifer draw down." Through the lowering of the water table, Bacchus argues, the ecosystem, including wildlife and the ancient cypress trees, is dying. On 23 July 2009, Stevie Lowe, one of the seventeen activists arrested at the Barley Barber protest, stood trial for trespassing into Barley Barber Swamp where she chained herself to a swamp maple. The jury found Stevie "
not guilty" of trespassing. She was however convicted of "resisting arrest without violence." That the State Attorney's office of Martin County did not prove FPL's ownership of Barley Barber Swamp has led the activists to further their claim that the Barley Barber Swamp is Waters of the United States held for the use of the public rather than FPL's
private property. ==References==