Title: Wave
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00001380/00001
 Material Information
Title: Wave
Physical Description: Book
Language: English
Publisher: Water Management Institute, Inc.
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Wave, Winter 1993
General Note: Box 8, Folder 4 ( Vail Conference, 1994 - 1994 ), Item 35
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001380
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

-. .

A Publication of the Water Management Institute, Inc.

Permit Streamlining



The Environmental Regulation
Commission adopted their ver-
sion of the mitigation banking
rules on December 2, 1993 with
amendments. The amendments
made at the ERC meeting
focused on two areas of the pro-
posed rule:

linear projects will not have
to adhere to the mitigation
service area requirements of
the rule; and,
the regional watershed maps
and their relationship to miti-
gation service areas were

If a pending rule challenge is
withdrawn, the new mitigation
banking rules can go into effect
within the next couple of months.

Mitigation banking rule adoption
f= hearings are scheduled at the
water management districts in
early December and the amend-

ments made by the ERC will
likely be included in each of the
district versions of the rules. In
the Northwest Florida and
Suwannee River water manage-
ment districts, the districts and
Department are entering into
agreements where the
Department will handle all per-
mitting for mitigation banks (all
dredge and fill and management
and storage of surface waters
permits will be issued by DEP in
Suwannee and Northwest ).

The ERC failed to take up and
consider the proposed wetland
delineation methodology at its
December 1-2 meeting, despite
the legislative mandate to adopt
the uniform, state-wide method-
ology by January 1, 1994. The
ERC will consider the proposed
rule at its meeting, January 13th
and 14th in Tallahassee.

See Streamlining on Page 2

Winter, 1993


Vail Water Management
January 8- 15

Spoqsred by the Water
Management Institute, the 13th
Annual Vail Water Management
Seminar (formerly sponsored by
Fink, Inc.) will be held at the
Lion Square Lodge and
Conference Center in Vail,
Colorado. The theme of discus-
sion is "Water Management in
Florida, Where we have been,
Where we are now, and Where
we are going" Some of the top-
ics that will be presented are:
"Water Management Structural
versus Non-Structural"
"Permit Streamlining"
"Wetland, Upland "Ecosystem"
For more information please con-
tact: Robert W. Higgins
Higgins Engineering, Inc.
(407) 439-7807
Cathy Lamica
Blain & Cone P.A.
(813) 223-3888


Continued from page I

While considerable progress has
been made with the draft wetland
delineation rule, there remains
serious concern that the proposed
rule will cause wetland delin-
eations landward of where the
water management districts and
the Department currently place
the boundary. The water manage-
ment district, Department and
several private stakeholders are
currently field testing the pro-
posed methodology. If field tests
confirm that the proposed
methodology changes current
wetland delineation practices,
then the proposed rule will be
amended, either at the ERC final
adoption hearing, or by the
Legislature prior to ratification'.
The new wetland delineation
methodology cannot become
effective until ratified by the


The permit streamlining legisla-
it requires rulemaking to imple-
Smt the consolidated dredge and
till and management and storage
of surface waters permitting pro-
grams by July 1, 1994. The water
management districts and
Department have two options for
accomplishing this charge:

*adopt rules that add the old
Chapter 403 dredge and fill
public interest test for wet-
lands (fish, wildlife and

archaeology) to Chapter 373,
Part IV; or,

develop a new, more stan-
dardized MSSW rule that
includes the existing and new
supplemental criteria in
short, rewrite the MSSW pro-
gram so the districts have
more consistent permitting

Staff assigned to work on the
ERP rules have been working
towards a total rewrite of the
MSSW program that will include
the new supplemental criteria. A
new MSSW rule and new appli-
cants handbook are being pre-
pared that will provide a greater
degree of consistency among the
districts, but will allow for
variation based on regional differ-
ences in hydrology. First drafts
of the proposed rule and hand-
book are scheduled for release in
late January 1994 with a first
round of public workshops sched-
uled for February 14 & 15, 1994.
A second series of public work-
shops may be scheduled for
March 1994 and final adoption
hearings for the ERP rule will
occur in May and June, 1994.

There is growing concern, partic-
ularly with the ERC's delay of the
wetland delineation rule and
pending 1994 Legislative Session,
that the attempt to prepare the
consistent MSSW rule and appli-
cant's handbook may be too
ambitious given the requirement
to adopt rules by July 1, 1994.
This concern may lead to a deci-
sion to revert to more limited

rules that would amend the exist-
ing MSSW rules of the water
management districts to add the
supplemental criteria to the exist-
ing permit reviews. This more
limited rulemaking would be
accomplished by July 1, 1994
with overall consolidation of the
MSSW program delayed until
later in the year or 1995.

For current information and meet-
ing schedules on the permit
streamlining rule development
efforts contact:
Ms. Janet Llewellyn
Department of Environmental
(904) 488-1030

Membership Dues
Annual membership renewal
applications have been mailed to
those who have been members of
the organization for one year.
Other members will receive their
renewal applications on the one
year anniversary of their respec-
tive memberships. Without
everyone's continued support, we
will not reach the goals set out
when we formed this organiza-
tion. Due to many changes in
water management implemented
during the last legislative session,
it is more important than ever that
a strong voice for balanced, rea-
sonable and realistic decisions on
water management policy exists
in Florida.

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8. G



The Southwest Florida Water
Management District's
("District") activities for creating
water use restrictions in the
Southern Water Use Caution Area
("SWUCA") Have increased in
the last few months. The
SWUCA encompasses all lands
within the District's jurisdiction
south of Hwy. 60 and 1-4.
The activities involved in this
issue are:
(1) The Preliminary strawmann"
Framework proposed by the
District provided for the reduction
of water use by 50 million gal-
lons per day in the Eastern Tampa
Bay Water Use Caution Area. It
also provided for the elimination
of all water allocations that have
not been utilized within the last
five years. These two portions of
the strawman were the most con-
troversial and were revised in the
District's next proposal.
(2) On November 9, 1993,
District Staff presented the cur-
rent SWUCA Management plan
to their Governing Board. This
Plan substitutes an increase of
alternative source of water of 50
MGD in place of the 50 MGD
reduction of water use proposed
in the strawmann." It still man-
dates a reduction in permitted
quantities of 120 MGD in the
ETBWUCA and 279 MGD for
the entire SWUCA. The District
staff now estimates a total of 700
MGD are available for the entire
-.,,SWUCA without exceeding safe
yield. In 1991, the District esti-
mates an actual water use of 680

MGl) in the SWIUCA. There is
still discussion on a SWIJCA
wide cap on water use from the
Floridan Aquifer. District Staff
also discussed the opportunity to
reevaluate the Governing Board's
definition of safe yield.
(3) In its Regulatory Committee
meeting, the Governing Board
entertained a proposal that would
preclude the renewal quantities
within the MIA if the water use
had not been utilized. The exam-
ple given by the District was that
if a 1,000 acre permit for 1.4
MGD was issued in the MIA and
at renewal only 500 acres and 0.7
MGD had been used, then the
renewal would only be processed
for 500 acres and 0.7 MGD.
Similarly, the District will allow
the reallocation or transfer of
quantities among permittees in
the MIA but only those quantities
that were actually used.
(4) The District has held a num-
ber of separate user group meet-
ings, including one for public
supply and one for citrus produc-
(a) At the public supply meeting,
a number of public supply enti-
ties, including the West Coast
Regional Water Supply Authority
have proposed a moratorium on
the issuance of any new water use
permits in the SWUCA area.
This proposal also provides that
the District slow down the
process for rulemaking and con-
tinue consensus building among
the user groups as well as re-
examine its method for analysis
for safe yield in the area.
(b) At the citrus production
meeting, the District made a pre-
sentation explaining the
Caution Area which is contained

information utilized to determine
the safe yield within the Eastern
Tampa Bay Water Use Caution
Area which is contained within
the SWUCA. A number of those
in attendance questioned the data
and methodologies used by the
District to reach its determination
that the water quality was deterio-
rating and that water use must be
reduced from its present levels.

SLegislative Proposals
on Water Management
The 1994 Legislative Session is
fast approaching. As expected, a
number of proposed bills address
changes to the current structure
and operation of Water
Management Districts. Among
the proposals are efforts to:
I. Restrict future Water
Management taxing authority to
the millage assessed for the 1993-
94 fiscal year.
2. Require elected Governing
Board Members.
3. Set up a legislative review
committee specifically on Water
Management Districts.
No doubt, more will follow and
the amendatory process will be

For Membership information
contact Robert W. Higgins at
(407) 439-7807

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