Title: Florida's Water Wars - July, 1991
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004287/00001
 Material Information
Title: Florida's Water Wars - July, 1991
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Florida's Water Wars - July, 1991 (JDV Box 89)
General Note: Box 19, Folder 7 ( Florida's Water Wars - 1991 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004287
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








FLORIDA'S WATER WARS
(JULY 1991)

Jake Varn

Worki"g Copy



Jacob D. Varn
Carlton, Fields, Ward, Emmanuel,
Smith & Cutler, P.A.
Suite 410
First Florida Bank Building
215 S. Monroe Street
Tallahassee, FL 32301
(904) 224-1585

Edward P. de la Parte, Jr.
de la Parte and Gilbert, P.A.
705 East Kennedy Blvd.
Tampa, FL 33602
(813) 229-2775


i, t Jim Garner
PA '1 Pavese, Garner, Haverfield,
24C- C14AIeMANJ Dalton, Harrison & Jensen
F5WhMD Post Office Drawer 1507
C tw+- Ft-A wubrtU Ft. Myers, FL 33902
aL5oDL*CeS C Le-V. AvJD LA0 D VSr
pamcce Pete Hubbell, Executive Director
5FD -- Southwest Florida Water
uc. Dta. 3 Management District
D M \IT~~J 2379 Broad Street
UIV. of V6rTL^rb Brooksville, FL 34609
(904) 796-7211


JLvW


tfT DPIr(. 7


Doc #: 4454 Vers: V1


John Wodraska WiVIrZoMLCfl -
Florida Atlantic University / luIJITm~
220 South East Second Avenue InV(
Ft. Lauderdale, FL 33301
(305) 355-5255



GAW w of-










I. INTRODUCTION

During the past year, many areas in the State of Florida
experienced record drought conditions. The Florida Water
Resources Act of 1972 (Chapter 373, Florida Statutes) provides a
framework through which the water resources are to be managed and
protected. While Chapter 373 places a heavy emphasis on the
regulatory programs for the management and protection of our
water resources, provisions are also included in Chapter 373 (see
sections 373.196, 373.1961, 373.1962 and 373.1963) providing for
meeting the water needs of our citizens.

It should be expected that water users will continue to
complete for the lowest cost water regardless of the regulatory
programs. The focus of this panel's discussions will be on the
following subjects:

1. Describing the role of a regional water supply
authority with emphasis on the experiences of the West
Coast Regional Water Supply Authority.

2. Describing the role of a water management district in
water supply issues.

3. Reviewing the suggestions and recommendations of
Governor Martinez's "Water Resource Commission."

4. Reviewing local government's role and responsibilities
in water supply issues.

II. THE ROLE OF THE WATER MANAGEMENT DISTRICTS

Florida's water management districts are given the exclusive
statutory authority for "requiring permits for the consumptive
use of water and the transportation thereof." Section 373.217,
F.S. This same statutory provision effectively precludes local
governments from enacting or enforcing any law, ordinance or rule
which conflicts with the Districts' authority over this process.
(See also Section 373.223(2) F.S. As coastal communities on both
sides of Florida push further and further inland for water
supplies new battle lines are being drawn over water resources.
Although the focus a few years ago was on interdistrict transfers
of water, the battlefront has shifted recently to both inter- and
intra-county battles over water usually pitting a costal urban
area against an inland rural area.


Doc #: 4454 Vers: V1










The water management districts have heretofore been
primarily in a reactive posture as these conflicts have been
played out. They have approved or denied permit applications as
presented by purveyors of water. This posture has, however,
changed due to changes in recent events, rules, policies and
legislation.


A. PERMITTING

Any proposed use of water must meet the following
requirements before a permit therefore may be issued:

(1) It must be a reasonable beneficial use of water;

(2) The use must not interfere with any presently existing
legal use of water; and

(3) It must be consistent with the public interest.

Section 373.223.

Additional questions arise, sometimes a political in nature,
sometimes relating to resource issues, when the water source lies
in a basin, watershed, county or district other than that where
the water is to be used.

1. INTERDISTRICT TRANSFERS OF WATER

Although, the authority of the water management districts to
transfer water across district boundary lines has arguably always
existed in Chapter 373 (See Subsection 373.223(2) F.S., this
authority was recognized and confirmed by the courts in 1987.
Osceola County v. St. Johns River Water Management District, 504
So.2d. 385 (Fla. 1987). Although general policy guidance existed
in Section 17-40.402, F.A.C. (State Water Policy) as early as
1981, the legislature enacted additional statutory guidelines in
1987 following the Osceola County decision.

The statutory provision, which appears at Section 373.2295
F.S. defines an interdistrict transfer as "withdrawal of
groundwater from a point within one water management district for
use outside the boundaries of that district." Application is
made to the district from which the water will be withdrawn. The
only new statutory permitting criteria appears in subsection (4)
which provides:

In determining if an application is consistent with the
public interest as required by S. 373.223, the projected
populations, as contained in the future land use elements of


Doc #: 4454 Vers: V1










" the comprehensive plans adopted pursuant to Chapter 163 by
the local governments within which the withdrawal areas are
located will be considered together with other evidence
presented on future needs of those areas. If the proposed
interdistrict transfer of groundwater meets the requirements
of this chapter, and if the needs of the area where the use
will occur and the specific area from which the groundwater
will be withdrawn can be satisfied, the permit for the
interdistrict transfer shall be issued.

The statute clearly expresses an intent that local governments
not interfere in any way with this procedure. This statute
further provides that if a local government denies a rezoning
request for groundwater production, treatment, or transmission
facilities related to an interdistrict transfer of water the
denial may be appealed to the Florida Land and Water Adjudicatory
Commission (FLWAC) which has the authority to modify such land
use decisions. This is a remedy which is not available for land
use decision related to inter-county or intra-county transfers of
water.

2. INTER-COUNTY TRANSFERS

Application for transfers of water over or between two or
more counties within the same water management district are
^ common. Such transfers have existed in various parts of Florida
for many years. As water supplies become more scarce, however,
we have seen and will continue to see battles between counties
over water supplies. As mentioned above, Section 373.223 F.S.
contemplates district authorization of transfers of water across
county boundaries. Counties and municipalities still have the
authority to make land use decisions relating to wellfields and
transmission facility sites which presents the possibility of
conflict between water management district and county zoning
authority decisions.

Of the five water management districts, only one has
permitting criteria which would arguably treat inter-county
transfers any differently than ordinary consumptive use permits
(CUP). Subsection 40C-2.301(l)(j) of SWFWMD's CUP rule requires
as a condition for issuance of a permit that the applicant
"utilize local water resources to the greatest extent
practicable." The Governor's Water Resource Commission Final
Report, issued December 1, 1989, includes among its
recommendations that: ". local water supplies should receive
first consideration for utilization, including conservation,
reclamation, reverse osmosis, and other alternative technologies,
before water is imported.


Doc #: 4454 Vers: V1











3. INTRA-COUNTY TRANSFERS


The issues which arise when intra-county transfers become
disputed are quite similar to those which arise over inter-
counties transfer. The players are different, however. Within a
county the battle generally involves municipality vs.
municipality, utility vs. utility or urban use vs. agricultural
use but still usually involves a coastal area vs. an inland area.
Again, other than the SWFWMD criteria mentioned above, none of
the water management districts apply any special criteria for
transfers of water from one part of a county to another. The
Governor's Commission recommendations mentioned above, if
implemented, would also apply to intra-county transfers of water.

4. COMPETING APPLICATIONS

As various consumers and purveyors of water compete for and
attempt to "bank" water resources for the future there will
inevitably be competing application for the same sources. Where
competing application conflict, section 373.233 F.S. allows the
governing boards of the districts to "approve or modify the
application which best serves the public interest." None of the
water management districts have rule criteria which define how
the public interest is to be determined in this situation.

B. GETTING A BETTER UNDERSTANDING OF WHAT'S
NEEDED AND WHAT'S AVAILABLE

Section 17-40.501, F.A.C. requires that each of the water
management districts prepare a water management plan which is to
include an "assessment of water needs and sources for the next 20
years." Each of the water management districts is presently
engaged in this process. The plans must be completed by 11/1/94.
In addition, the Districts are required to identify "specific
geographic areas that have become critical or are anticipated to
become critical within the next 20 years." These areas are also
then to be designated by rule no later than November 1, 1991.
This designation will have implication for consumptive use permit
applicants in those areas.

Recent statutory enactments also required the water
management districts to provide technical assistance to local
governments. The information and planning generated by all of
the requirements mentioned herein will, for the future, enable
the districts to respond to these water skirmishes in more of an
active role rather than a reactive role. While this will not put
an end to the battles perhaps it will enable the decision makers
to be in a better position to make peace among the warring camps.


Doc #: 4454 Vers: V1











III. GOVERNOR'S WATER RESOURCES COMMISSION
REPORT SUMMARY

In April 1989, Governor Bob Martinez signed Executive Order
89-74 creating the Governor's Water Resource Commission and
directing it to analyze the current state of Florida's water
resources. To accomplish this task, the Commission was asked to
assess the quantity of water available in Florida, its continued
viability as a source of drinking water and steps necessary to
ensure its continued use by all Floridians. As part of this
assessment, the Commission was to determine if current statutory
environmental safeguards are adequate to protect the state's
aquifers. The Commission was made up of two board members from
each of the five water management districts, including the
Chairman of each Board. A report of the Commission's findings,
including any proposed legislative initiatives necessary to
protect Florida's resources, was provided to the Governor on
December 1, 1989.

A. OVERVIEW OF WATER RESOURCES

1. INTRODUCTION

Florida has extensive surface and groundwater resources.
These water resources are replenished primarily by the state's
abundant rainfall, which averages 53 inches a year statewide.
Although most of the rainfall (32-47 inches) is lost to
evapotranspiration, 0-20 inches a year infiltrates the soil to
recharge groundwater and an average of 14 inches a year runs off
into surface waters.

Florida has more than 1,700 streams, over 7,700 freshwater
lakes and reservoirs, and abundant wetland systems. In 1985,
freshwater withdrawals from surface water totaled 2,230 million
gallons a day or about one-third of the freshwater used in the
state. Florida's surface waters support a variety of fish and
wildlife. Stormwater runoff from urban and rural areas,
including streets, roads, parking lots, construction sites,
agricultural fields and lawns is the single largest source of
pollution threatening the health of Florida's surface water
resources.

Florida also contains abundant groundwater resources. Large
quantities of water are obtainable from the aquifers in most
areas of the state. Because of its abundance, availability and
consistent quality, groundwater is the principal source of
freshwater for public supply, irrigation, rural domestic and
industrial/commercial use. More than 90 percent of Florida's


Doc #: 4454 Vers: VI










population depends on groundwater for its drinking water. In
addition to its direct use, groundwater is the source of water
for the state's spring flow and base flow of streams; groundwater
flow also maintains the water level in most of the state's lakes.

Groundwater in Florida is particularly vulnerable to
contamination. Florida is covered nearly everywhere by a thin
layer of surficial sands that overlie a thick sequence of
limestone and dolomite. Depth to groundwater throughout the
state is relatively shallow; anywhere from 0-100 feet with 10-20
feet being most common. Even though groundwater is taken from
deeper aquifers for many uses, the combination of relatively
shallow groundwater covered by permeable sands make groundwater
supplies in Florida particularly vulnerable to contamination from
surface discharges.

2. WATER RESOURCE STATUTES AND REGULATORY AGENCIES

Requirements for land and water use planning at the local,
regional, and state level are contained in Florida Statutes
Chapters 163, 186, 187, and 373. Included in these statutes are
the Local Government Comprehensive Planning and Land Development
Regulation Act, the State Comprehensive Plan and, the State Water
Use Plan. Chapter 373, the Florida Water Resource Act, deals
with all water resource issues including water supply, flood
Control, water quality protection and environmental
considerations; and authorizes formation of the five water
management districts. The prevention of pollution discharges and
the cleanup and restoration of water resources damaged by
hazardous wastes, petroleum products, and other pollutants is
addressed by Chapter 376 and is administered by the Department of
Environmental Regulation. Chapter 403 authorizes the Department
of Environmental Regulation to prevent, control, and abate
pollution of the waters of the State.

Regulation of the quality and quantity of water is Florida
is through the Department of Environmental Regulation and the
five water management districts. The Florida Water resources Act
gives the Department of Environmental Regulation general
supervisory authority over the water management districts and
directs the Department of Environmental Regulation to delegate
water resource programs to them. The five water management
districts are: Northwest Florida, Suwannee River, St. Johns
River, South Florida, and Southwest Florida water management
districts. The water management districts are authorized to
implement flood protection programs, perform technical
investigations, develop water resource plans--including water
shortage plans for times of drought--and to acquire and manage
lands for water management purposes. They administer major
regulatory programs, including surface water management,


Doc #: 4454 Vers: V1










consumptive uses of water, aquifer recharge, and well
construction. Funding for water management districts is
primarily through ad valorem taxes.

3. WATER RESOURCE PROBLEMS

Even though Florida is blessed with abundant water
resources, a major water use problem results from the fact that
the population is not distributed in the same areas as the most
available freshwater supplies. Today, much of north Florida is a
water surplus area while most of the State's population is
located in major urban areas such as Miami, Ft. Lauderdale, West
Palm Beach, Tampa, and St. Petersburg along the southern coasts.
Approximately 80 percent of the State's population lives in
coastal areas. Local freshwater supplies may be inadequate to
readily meet the competing needs of agriculture, industry, and
public supply in these populated regions, leading to demands for
advanced treatment technology such as reverse osmosis, or
importation of water. In addition, because most water supplies
in Florida are dependent on rainfall for replenishment, seasonal
weather patterns can impact water availability. To emphasize
this situation during 1989 the South Florida, Southwest Florida,
and St. Johns River water management districts all imposed some
form of water use restrictions. Overpumpage of water from
underlying aquifers can result in salt water intrusion and an
associated increase in the cost of treatment of water from these
aquifers, while transportation of water from remote areas where
water is more abundant can be expensive and politically
difficult.

A second major water resource concern in Florida is the lack
of a comprehensive, integrated planning process that joins land
and water use planning for the entire State. Consumptive uses of
water are regulated by the five water management districts, a
system which recognizes regional differences in water needs and
resources in different regions of the State. As required by the
State Water Policy (Chapter 17-40, Florida Administrative Code)
the water management districts are engaged in regional water use
planning to identify water needs and sources within their
districts. At the same time, all cities and counties are
required by the Local Government Comprehensive Planning and Land
Development Regulation Act of 1986 to plan for their future water
and land use. The result is that water and land use planning
efforts have not been well integrated. There needs to be a well
defined procedure or requirement to coordinate water use planning
at all levels of government, and to closely join this critical
resource issue to planning for growth through land use planning.
There is a clear need to improve coordination between levels of
government, and between land and water use planning to assure
adequate water supplies for Florida's future.


Doc #: 4454 Vers: V1











Compounding the problems of unequal population and water
supply distribution, and the lack of integrated water and land
use planning, is the State's population growth. In the five
years between 1982 and 1987, the population of Florida grew 16.1
percent from 10.4 to 12.0 million. The population is expected to
grow by 12.3 percent in the five years between 1987 and 1992 to
13.5 million, and 9.2 percent to 14.7 million by 1997. This
continuing growth increases demands on the use of the State's
water resources and compounds existing water use problems. In
responding to these identified water resource problems, it is
evident that controlling the influx of new residents and
determining where they are to live are not viable solutions.
Florida is going to continue to grow and people will continue to
locate predominately along the coast in the southern part of the
State.

Recognizing this, the Commission focused its recommendations
on those areas it believes complement existing, well developed
regulatory and planning tools. While the State does have
abundant water for future generations, the Commission found that
assuring the continued viability of these water resources will
require significant new links between land and water use
planning, an increased emphasis on maximizing the efficient use
of locally available resources, and innovative funding to support
water resource programs.

B. COMMISSION RECOMMENDATIONS

1. WATER SUPPLY PLANNING

Recommendation 1

Integrate water and land use planning in the state. This
integration should continue through the state, regional (water
management district, regional planning council, and regional
water supply authority) and local governments (municipal and
county) levels. Planning should be consistent throughout all
levels of government.

Recommendation 2

Require water management districts to complete District
Water Management Plans by 1994, including "needs and sources"
assessments by July 1, 1991. These assessments, presently under
development, should be phased by region and coordinated for
consistency between the water management districts and the
Department. All needs and all sources should be included. Water
related elements of local government comprehensive plans and
Comprehensive Regional Policy Plans should be consistent with
District Water Management Plans.


Doc #: 4454 Vers: V1











Recommendation 3

Utilize the statewide groundwater quality monitoring network
data in water use planning. Continue efforts to optimize network
design and data enhancement.

Recommendation 4

Require local governments to rely on the water management
district's needs and sources assessments to assure water
availability prior to land use commitment. Require water use
permits to be consistent with the needs and sources assessments.

Recommendation 5

Encourage sound utilization of local and regional water
supplies, by specifying in the State Comprehensive Plan and State
Water Management Plan that local and regional water supplies
should be developed prior to importation.

Recommendation 6

Authorize area-wide water supply authorities to meet water
needs in critical water supply problem areas. The Legislature
should authorize the mandated formation of area-wide water supply
authorities by the water management district in critical water
supply problem areas where necessary to meet water needs. The
water management district should provide start-up funding or
propose funding sources. Local governments should be allowed
time to voluntarily form area-wide water supply authorities
before formation by the water management districts.

Recommendation 7

Require local governments by statute to implement wellhead
protection programs for public water supply wells following state
guidelines as they become available. The state should develop
and make available to local governments a model wellhead
protection program, establishing program elements, and provide
assistance. Adequate safeguards should be included in the Local
Government Comprehensive Planning Act to protect Class I surface
waters.

Recommendation 8

Encourage the Governor to enter into an interstate
environmental control compact (Chapter 403.60, F.S.) with Alabama
and Georgia to protect the quality and quantity of shared water
resources.


Doc #: 4454 Vers: V1











2. CRITICAL WATER SUPPLY PROBLEM AREAS


Recommendation 9

Include the following considerations in the designation of
critical water supply problem areas by the water management
districts. These considerations are in addition to existing
regulations but are not limiting.

Demonstration of long-term environmental degradation due to
water resource limitations; or

Stress upon local supplies thus requiring the use of reverse
osmosis, desalination, water reclamation or other
appropriate technologies to meet needs; or

Existing or projected need for importation of water.

Recommendation 10

Require development of criteria by the Department of
Environmental Regulation and the water management districts for
evaluating the use of reverse osmosis, desalination, or other
appropriate technologies within critical water supply problems
areas in preference to importation of water.

Recommendation 11

Encourage water supplier that have access to water resources
that exceed their planned needs and do not exceed the water use
permitting criteria for the area, to develop and distribute these
resources to areas with critical water needs which have
effectively maximized the use of local water resources.

Recommendation 12

Require, or continue to require, the following practices in
critical water supply problems areas:

Monitoring of major users.

Water reclamation and conservation measures such as
xeriscape.

Denying access to imported water supplies or additional use
of local ground or surface water resources when suitable
reclaimed water is available.

Lowering of water use permit thresholds in critical water
supply problem areas.


Doc #: 4454 Vers: VI











Designating the source for specific use(s) or users or
otherwise limiting uses from that source in critical water
supply problem areas.

3. CONSERVATION

Recommendation 13

Educate all water users of the state about the fragile
nature of Florida's water resources. Discourage wasteful
practices and encourage water conservation. Continue and improve
water resource education in the schools.

Recommendation 14

Promote water conservation by restricting statewide, lawn
irrigation during peak daylight hours. Maximize use of reclaimed
water for lawn irrigation.

Recommendation 15

Require the Public Service Commission and other rate setting
bodies to set water rates in a manner that will encourage water
conservation.

Recommendation 16

Set reclaimed water rates and distribute water reclamation
costs in a manner to encourage reuse.

4. FUNDING

Recommendation 17

Raise the funding capability for the Northwest Florida Water
Management District to 1 mill of ad valorem tax within the State
Constitution.

Recommendation 18

Collect a fee from all users based on water used. Credits
shall be given for aquifer recharge, use of reclaimed water,
reverse osmosis, desalination, or other alternative technologies.
Funds shall be accrued in a water resource trust fund to be used
for the following purposes:

Alternative sources development (reverse osmosis,
reclamation, conservation, etc.) within critical water
supply problems areas.


Doc #: 4454 Vers: V1











Promotion of area-wide water supply authorities and reuse
systems through planning studies, start-up funding, or low
interest rate loans.

Resource protection activities, such as wellhead protection
and recharge area protection. Priority for funding should
be given first to resource protection activities in "donor"
water supply areas and second to the recipient critical
water supply problem areas.

Water quality testing mandated for public water supply
systems.

Infrastructure improvement or regionalization

Incentives for conservation by all users.


IV. THE ROLE OF THE REGIONAL WATER SUPPLY AUTHORITY

Within the past few years attention has been focused upon
the adverse impacts of growth with respect to adequate,
dependable and safe drinking water supplies. However, the need
to ensure adequate and dependable sources of drinking water is
not new. The need for local governments to protect resources and
cooperate to provide water to it citizens was recognized by the
Florida Legislature in the early 1970's.

In 1974 the Florida Legislature created Section 373.1962,
Florida Statutes (see Exhibit A) which authorized local
governments through interlocal agreement to create an independent
regional water supply authority to facilitate the efficient
provision of drinking water to member local governments in such a
manner as would prioritize the reduction of adverse environmental
effects from improper or excessive withdrawal of water within a
concentrated area.

The first regional water supply authority to be created
under this provision was the West Coast Regional Water Supply
Authority formed by Hillsborough County, Pinellas County, Pasco
County, the City of Tampa and the City of St. Petersburg. On
October 25, 1974, these local governments entered into an
Interlocal Agreement for the purpose of developing, storing and
supplying water for county or municipal purposes. The West Coast
Regional Water Supply Authority's Interlocal Agreement, as
approved by the Governor and Cabinet, has served as a model for
other interlocal agreements establishing the Withlacoochee Water
Supply Authority, the South Brevard Water Supply Authority, and
the Walton, Okaloosa, Santa Rosa Regional Water Supply Authority.


Doc #: 4454 Vers: V1











A. STATUTORY AUTHORITY


Section 373.1962(2), Florida Statutes, sets forth the
general powers and duties of a Water Supply Authority which may
be supplemented by the Interlocal Agreement. Several key
provisions of this statute authorize the Water Supply Authority
to:

(a) levy an ad valorem tax of up to 0.5 mill upon approval
of the electors residing in the Authority's defined area;

(b) acquire water and water rights; develop, store, and
transport water; provide, sell and deliver water for county or
municipal uses and purposes; provide for the furnishing of such
water and water services upon terms and rates which will
apportion an equitable share of the capital cost and operating
expenses of the Authority to the purchaser;

(c) not engage in local distribution;

(d) exercise the power of eminent domain to acquire real
property necessary to the exercise of its lawful powers;

(e) issue revenue bonds to be payable solely from funds
derived from the sale of water;

(f) sue and be sued in its own name; and

(g) borrow money and incur indebtedness.

By statute each party to the Interlocal Agreement shall have a
preferential right to purchase water from the Authority. The
county from where the water is derived "shall not be deprived,
directly or indirectly, of the prior right to the reasonable and
beneficial use of the water which is required adequately to
supply the reasonable and beneficial needs of the county or any
of the inhabitants or property owners therein." See
373.1962(5), Florida Statutes.

The Authority is required by 373.1962(7), Florida Statutes,
to design, construct, operate, and maintain facilities in the
locations and at the times necessary to insure that an adequate
water supply will be available to all citizens within the
authority.

In addition to those statutorily conferred powers, the West
Coast Regional Water Supply Authority ("WCRWSA") is authorized by
interlocal agreement to:

(a) incorporate;


Doc #: 4454 Vers: V1











(b) have perpetual succession;


(c) maintain an office within its territorial boundaries;

(d) employ and compensate personnel, consultants, technical
and professional assistants;

(e) invest surplus money not required for immediate
necessities; and

(f) adopt procedural rules for the conduct of business.

Other statutory provisions are applicable to the conduct of
a water supply authority. As a public entity, the Authority is
subject to Florida's Public Records Act (Chapter 119, Florida
Statutes) and Florida's Sunshine Law (See Chapter 286, Florida
Statutes.)

B. OPERATION OF A WATER SUPPLY AUTHORITY

1. STRUCTURE. The powers and duties set forth in the
statute and Interlocal Agreement are exercised by the WCRWSA
through a Board of Directors. This Board consists of one
representative of each party to the Interlocal Agreement who
serves without compensation from the Authority and at the
Pleasure of the representative's governing board. The Board of
Directors is responsible for the promulgation of rules,
regulations, resolutions and orders for execution of the vested
powers; for adopting an annual budget; for fixing rates at which
the water shall be sold; and for providing terms, consistent with
the enabling legislation, under which other local governments may
join WCRWSA.

The WCRWSA Interlocal Agreement provides that each member
government shall have one vote on all questions and that a motion
is passed upon the affirmative vote of members representing more
than 50% of all members.

The exercise of any and all executive, administrative and
ministerial powers may be delegated by the Board of Directors to
offices created by the Board. WCRWSA has delegated these
functions to a General Manager who reports to the Board.
Pursuant to this delegation, the General Manager employs a staff
of professionals to design, construct and operate well fields and
distribution systems.

2. FUNDING. In 1976 the Florida Legislature enacted
373.1963, Florida Statutes, which provided for limited financial
assistance to the WCRWSA. Pursuant to this statute, the
Southwest Florida Water Management District was authorized to


Doc #: 4454 Vers: V1











levy an ad valorem tax up to 0.05 mill on all taxable property
within WCRWSA's territory for a period of 5 years. Presently,
the principal funding sources for the WCRWSA are the sale of
revenue bonds and through Water Supply Contracts between the
member governments and the WCRWSA.

The Water Supply Contract was the principle vehicle for the
transfer or assignment of a member's interest in existing well
fields and appurtenant facilities, such as pump stations and
distribution lines, and is necessary for the development of a new
well field and appurtenant facilities. Pursuant to this type of
agreement with each member government, the WCRWSA obtained
control over and responsibility for the operation of all then
existing well fields and appurtenant facilities. As the need to
develop additional sources of water arises, the WCRWSA uses this
type of agreement to develop new well fields and appurtenant
facilities. These agreements typically provide for purchase of
water by the members, determine the amount of payment for water
purchased by the member, set up a water production and delivery
schedule, and provide for priority rights to any water produced.

3. INTERACTION WITH STATE AGENCIES. The WCRWSA is not a
regulatory body. However, it is charged under S373.1962(1),
Florida Statutes, with the provision of water" in a manner
so as to prioritize the reduction of adverse environmental
effects of excessive or improper withdrawals of water from
concentrated areas" within its territory. Pursuant to this
charge, the WCRWSA monitors proposed Water Use Permits for
construction of water production wells within its territory to
insure the proposed wells will not adversely impact the WCRWSA's
prior existing legal uses.

Development of a WCRWSA well field is subject to all
permitting requirements of Chapter 373, Florida Statutes, and
Rule 40D-2 of the Florida Administrative Code. Subsequent to
acquiring the water use permit for the proposed well field, the
WCRWSA begins the acquisition process for well sites from
affected property owners and then obtains all necessary permits
from the Florida Department of Environmental Regulation and the
Southwest Florida Water Management District for the provision of
drinking water to the member governments.


V. NEEDS AND SOURCES
EXECUTIVE SUMMARY

A. INTRODUCTION

This study provides the framework to meet future water use
in the Southwest Florida Water Management District (SWFWMD). A


Doc #: 4454 Vers: V1











critical element is ensuring that there will be an adequate
supply of water for current and future needs. Long-range water
supply planning is necessary in southwest Florida because the
level of water use is such that in many areas water users are in
competition with each other and the water resource related
environment.

The SWFWMD's water supply needs and sources analysis
identifies water needs projected from 1995 to 2020 and sources of
water to meet those needs. Key provisions of this analysis
include emphasis on local sources, encouraging the use of
regional distribution systems, and aggressively pursuing
conservation. Additionally, treated wastewater, demineralized
brackish water, and lower quality water, where appropriate, are
critical as future water supplies.

In compiling this report, previous water supply needs and
sources analyses prepared for the regional water supply
authorities were relied upon heavily. Detailed surveys completed
by the major utilities and data provided from municipal
wastewater departments were also critical, as were data contained
in local government comprehensive plans.

The SWFWMD regional water supply needs and sources analysis
includes projections of additional water use needs,
identification of potential sources to meet these needs,
estimation of construction and operation costs for water supply
projects, and analyses which match the projected demands with the
available supplies in an optimal manner.

Staff estimated public supply water use projections using
detailed water use records from major utilities in the SWFWMD and
appropriate population projections. Staff projected agricultural
water use in coordination with the Institute of Food and
Agricultural Sciences (IFAS). Demands for other water uses were
projected based on examination of regional water use trends on a
case by case basis. Water use projections for all water use
types were reviewed by appropriate local government and industry
groups, as well as the SWFWMD's Public Supply, Agricultural,
Industrial, and Green Industry Advisory Groups.

The process of identifying sources to meet future uses was
accomplished by first examining the proposed sources in the most
current needs and sources planning documents prepared for the
regional water supply authorities. If a regional water supply
had already proposed a source, this proposed source was evaluated
to determine if the source was appropriate for development. If
the proposed source was suitable, it was recommended for
development. If the proposed source could be replaced by a more


Doc #: 4454 Vers: V1










suitable source, or if no source had already been proposed, then
an appropriate source was selected to meet the need.

The methodology for estimating costs of implementing the
proposed water supply options is based on a cost estimating model
developed by Stone & Webster Water Technology Services and the
University of Florida Water Resources Research Center. The model
estimates construction and operation and maintenance costs of
wellfields, surface-water intake structures, water treatment
plants, and transmission lines for variable raw water sources and
quality.

B. SUMMARY OF FINDINGS

The total average daily demand for all water uses in the
SWFWMD is expected to increase from 1,648.4 mgd in 1990 to
2,092.3 mgd by 2020, an increase of 443.9 mgd or 27 percent in
the next 30 years. Projected increases in average daily demand
between 1990 and 2020 for individual water use categories include
an increase from 442.6 mgd to 668.4 mgd for public supply use,
from 61.9 mgd to 94.2 mgd for other potable water use (i.e.,
potable demands supplied by domestic wells or utilities whose
average daily permitted quantity is less than 0.5 mgd), from,
750.5 mgd to 929.7 mgd for agricultural water use, from 115.5 mgd
to 170.7 mgd for industrial water use, and from 59.4 mgd to 92.3
mgd for recreational water use. Projections for mining water use
indicate a decline in water use from 218.5 mgd in 1990 to 137.0
mgd in 2020 as phosphate reserves are depleted.

The projected average daily district-wide water use need
(i.e. projected use minus existing supply capacity) is 381.1 mgd
in 2020. It is proposed that of this need, 296.5 mgd or 78
percent will be met by local sources and 84.6 mgd or 22 percent
will be met by regional sources. The local sources can be
further subdivided as 51.6 mgd or 17 percent are projected to be
met by conventional ground-water sources, 1.4 mgd or less than 1
percent by surface-water supplies, 2.1 mgd or less than 1 percent
by desalinization of ground-water, and 199.5 mgd or 67 percent
through conservation. Of the 84.6 mgd of regional needs, 60.3
mgd are projected to be met by conventional ground-water sources,
18.4 mgd through desalinization of ground water, and 5.9 mgd by a
surface-water source.

Water supply needs and sources are identified for four major
Water Demand Planning Areas (WDPAs). The Northern WDPA includes
all of Citrus, Hernando, and Sumter Counties, and the areas of
Lake, Levy, and Marion Counties in the SWFWMD. The West-Central
WDPA includes all of Hillsborough, Pasco, and Pinellas Counties,
which represents the jurisdictional area of the West-Coast
Regional Water Supply Authority (WCRWSA). The East-Central WDPA


Doc #: 4454 Vers: V1










includes Hardee County and the areas of Highlands and Polk
Counties in the SWFWMD. The Southern WDPA includes all of
DeSoto, Manatee, and Sarasota Counties, and the area of Charlotte
County in the SWFWMD. This area is equivalent to the
jurisdictional area of the Peace/Manasota Regional Water Supply
Authority (PMRWSA).

C. NORTHERN WDPA

Average daily water supply need in the Northern WDPA, for
all projected uses, is 55.4 mgd in 2020. The projected average
daily need for public supply is 24.3 mgd, in 2020. Essentially
all of these needs are anticipated to develop in Citrus and
Hernando Counties. These needs should be met by a reduction
through conservation (3.0 mgd), expansion of existing facilities
(12.5 mgd), and further reliance of the WRWSA/Citrus County
Wellfield (0.5 mgd). The projected average daily water supply
needs of other potable water use are projected to be 14.0 mgd, in
2020. These needs should be met by local sources. The projected
average daily water need for agricultural purposes is expected to
be 17.4 mgd, in 2020. However, if irrigation efficiency
requirements are implemented as described in this report, the net
increase in agricultural water use requirements would be reduced
from 17.4 mgd to 10.9 mgd. The projected average daily water
need for industrial use is expected to increase by only 1.0 mgd
and mining water use is expected to decrease by 9.6 mgd, in 2020.
The reduction in mining use is based on a trend toward retention
and recycling of mine dewatering discharges. The projected
average daily water need for recreational water use is expected
to be 8.3 mgd, in 2020, primarily due to the construction of
additional golf courses. Most of the irrigation requirements for
these courses should be met with treated wastewater. This is a
trend observed district-wide.

D. WEST-CENTRAL WDPA

Average daily water supply need in the West-Central WDPA,
for all projected uses, is 105.6 mgd in 2020. This includes an
increasing trend for public supply, agriculture, and recreational
uses and a decreasing trend for industrial and mining uses. The
projected average daily need for public supply is 123.3 mgd, in
2020. These needs should be met by a reduction through
conservation (23.6 mgd), expansion of existing facilities (4.8
mgd), and development of additional fresh and brackish water
wellfields (59.5 mgd) by the WCRWSA. The projected average daily
water supply needs of other potable water use are projected to be
4.2 mgd, in 2020. These needs should be met by local sources.
The projected average daily water need for agricultural purposes
is expected to be 19.2 mgd, in 2020. However, if irrigation
efficiencies as described in this report are implemented, net


Doc #: 4454 Vers: V1










agricultural water use in 2020 is projected to actually decline
by 7.7 mgd as compared to 1990 use. The projected average daily
water use for industrial and mining is expected to decrease by
9.2 mgd and 34.2 mgd, in 2020, respectively. This is primarily
due to a decrease in the phosphate chemical processing and mining
operations in Hillsborough County. The projected average daily
water use for industrial and mining is expected to decrease by
9.2 mgd and 34.2 mgd, in 2020, respectively. This is primarily
due to a decrease in the phosphate chemical processing and mining
operations in Hillsborough County. The projected average daily
water need for recreational water use is expected to be 10.5 mgd,
in 2020.

E. EAST-CENTRAL WDPA

Average daily water supply need in the East-Central WDPA,
for all projected uses, is 82.0 mgd in 2020. The projected
average daily need for public supply is 36.6 mgd, in 2020. These
needs should be met by a reduction through conservation (15.2
mgd) and expansion of existing facilities (18.7 mgd). No
regional sources are proposed for this WDPA. The projected
average daily water supply needs of other potable water use are
projected to be 8.7 mgd, in 2020. These needs should be met by
local sources. The projected average daily water need for
agricultural purposes is expected to be 41.0 mgd, in 2020. As in
the West-Central WDPA, net agricultural water use in 2020 is
projected to actually decline by 0.7 mgd as compared to 1990 use,
if irrigation efficiencies as described in this report are
implemented. The projected average daily water need for
industrial use is expected to increase by 36.9 mgd in 2020, which
is primarily due to a trend of locating future power plants
inland. Mining water use is expected to decrease by 46.7 mgd, in
2020, which is primarily due to a decrease in the phosphate
mining operations in Polk County. The projected average daily
water need for recreational water use is expected to be 5.5 mgd,
in 2020.

F. SOUTHERN WDPA

Average daily water supply need in the Southern WDPA, for
all projected uses, is 182.7 mgd, in 2020. The projected average
daily need for public supply is 23.4 mgd, in 2020. These needs
should be met by a reduction through conservation (3.2 mgd),
expansion of existing facilities (2.2 mgd), development of the
Carlton Reserve (12.1 mgd), and additional withdrawals from the
Peace River (5.9 mgd). The projected average daily water supply
needs of other potable water use are projected to be 5.4 mgd, in
2020. These needs should be met by local sources. The projected
average daily requirements for agricultural purposes is expected
to be 101.6 mgd, in 2020. This substantial increase is primarily


Doc #: 4454 Vers: VI











due to a lower risk of crop damage from freezing temperatures.
Again, if irrigation efficiency requirements are implemented as
described in this report the net increase in agricultural water
use requirements would be reduced from 101.6 mgd to 24.7 mgd.
The projected average daily water need for industrial and mining
water use is expected to increase by 26.5 mgd and 17.2 mgd,
respectively. This is primarily due to the migration of
phosphate mining operations and power plants into DeSoto County.
The projected average daily water need for recreational use is
8.6 mgd, in 2020. Much of this need could be met through the use
of treated wastewater. Many of the water requirements in this
area are recommended to be met with lower quality water;
specifically, for power generation, industrial processing, and
agricultural irrigation, where appropriate.


Doc #: 4454 Vers: V1






















373.1962 Regional water supply authorities.-
(1) By agreement between local governmental units
created or existing pursuant to the provisions of Art. VIII
of the State Constitution, pursuant to the Florida Interlo-
cal Cooperation Act of 1969, s. 163.01, and upon the ap-
proval of the 'Governor and Cabinet sitting as head of
the Department of Natural Resources to ensure that
such agreement will be in the public interest and com-
plies with the intent and purposes of this act, regional
water supply authorities may be created for the purpose
of developing, recovering, storing, and supplying water
for county or municipal purposes in such a manner as
will give priority to reducing adverse environmental ef-
fects of excessive or improper withdrawals of water from
concentrated areas. In approving said agreement the
Governor and Cabinet, sitting as head of the Depart-
ment of Natural Resources, shall consider, but not be
limited to, the following:
(a) Whether the geographic territory of the proposed
authority is of sufficient size and character to reduce the
environmental effects of improper or excessive with-
drawals of water from concentrated areas.
(b) The maximization of economic development of
the water resources within the territory of the proposed
authority.
(c) The availability of a dependable and adequate
water supply.
(d) The ability of any proposed authority to design.
construct, operate, and maintain water supply facilities
in the locations, and at the times necessary, to ensure
that an adequate water supply will be available to all citi-
zens within the authority.
(e) The effect or impact of any proposed authority
on any municipality, county, or existing authority or au-
thorities.
(f) The existing needs of the water users within the
area of the authority.
(2) In addition to other powers and duties agreed
upon, and notwithstanding the provisions of s. 163.01,
such authority may:
(a) Upon approval of the electors residing in each
county or municipality within the territory to be included
in any authority, levy ad valorem taxes, not to exceed
one-half mill, pursuant to s. 9(b), Art. VII of the State
Constitution. No tax authorized by this paragraph shall
be levied in any county or municipality without an affirm-
ative vote of the electors residing in such county or mu-
nicipality.
(b) Acquire water and water rights; develop, store,
and transport water; provide, sell and deliver water for


county or municipal uses and purposes: provide for the
furnishing of such water and water service upon terms
and conditions and at rates which will apportion to par.
ties and nonparties an equitable share of the capital cost
and operating expense of the authority's work to the
purchaser.
(c) Collect, treat, and recover wastewater.
(d) Not engage in local distribution.
(e) Exercise the power of eminent domain in the
manner provided by law for the condemnation of private
property for public use to acquire title to such interest
in real property as is necessary to the exercise of the
powers herein granted, except water and water rights
already devoted to reasonable and beneficial use or any
water production or transmission facilities owned by any
county or municipality.
(f) Issue revenue bonds in the manner prescribed
by the Revenue Bond Act of 1953, as amended, part I,
chapter 159, to be payable solely from funds derived
from the sale of water by the authority to any county or
municipality. Such bonds may be additionally secured
by the full faith and credit of any county or municipality,
as provided by s. 159.16 or by a pledge of excise taxes,
as provided by s. 159.19. For the purpose of issuing rev.
enue bonds, an authority shall be considered a 'unit" as
defined in s. 159.02(2) and as that term is used in the
Revenue Bond Act of 1953. as amended. Such bonds
may be issued to finance the cost of acquiring prope'-
ties and facilities for the production and transmission of
water by the authority to any county or municipality,
which cost shall include the acquisition of real property
and easements therein for such purposes. Such bonds
may be in the form of refunding bonds to take up any
outstanding bonds of the authority or of any county or
municipality where such outstanding bonds are secured
by properties and facilities for production and transmis-
sion of water, which properties and facilities are being
acquired by the authority. Refunding bonds may be is-
sued to take up and refund all outstanding bonds of said
authority that are subject to call and termination, and all
bonds of said authority that are not subject to call or re-
demption, when the surrender of said bonds can be pro-
cured from the holder thereof at prices satisfactory to
the authority. Such refunding bonds may be issued at
any time when, in, the judgment of the authority, it will
be to the best interest of the authority financially or eco-
nomically by securing a lower rate of interest on said
bonds or by extending the time of maturity of said bonds
or, for any other reason, in the judgment of the authority,
advantageous to said authority.
(g) Sue and be sued in its own name.
(h) Borrow money and incur indebtedness and issue
bonds or other evidence of such indebtedness.
(i) Join with one or more other public corporations
for the purpose of carrying out any of its powers and for
that purpose to contract with such other public corpora,
tion or corporations for the purpose of financing such ac,
quisitions, construction, and operations. Such contracts
may provide for contributions to be made by each party
thereto, for the division and apportionment of the ex-
penses of such acquisitions end operations, and for the
division and apportionment of the benefits, services.
and products therefrom. Such contract may contain


EXHIBIT A














such other and further covenants and agreements as
may be necessary and convenient to accomplish the
purposes hereof.
(3) When it is found to be in the public interest, for
the public convenience and welfare, for a public benefit,
and necessary for carrying out the purpose of any re-
gional water supply authority, any state agency, county,
water control district existing pursuant to chapter 298.
water management district existing pursuant to chapter
373. municipality, governmental agency, or public cor-
poration in this state holding title to any interest in land
is hereby authorized, in its discretion, to convey the title
to or dedicate land, title to which is in such entity, includ-
ing tax reverted land, or to grant use-rights therein, to'
any regional water supply authority created pursuant to
this section. Land granted or conveyed to such authority
shall be for the public purposes of such authority and
may be made subject to the condition that in the event
said land is not sc used, or if used and subsequently its
use for said purpose is abandoned, the interest granted
shall cease as to such authority and shall automatically
revert to the granting entity.
(4) Each county or municipality which is a party to
an agreement pursuant to subsection (1) shall have a
preferential right to purchase water from the regional
water supply authority for use by such county or munici-
paiity.
(5) In carrying out the provisions of this section, any
county wherein water is withdrawn by the authority shall
not be deprived, directly or indirectly, of the prior right
to the reasonable and beneficial use of water which is
required adequately to supply the reasonable and bene-
ficial needs of the county or any of the inhabitants or
property owners therein.
(6) Upon a resolution adopted by the governing
body of any county or municipality, the authority may,
subject to a majority vote of its voting members, include
such county or municipality in its regional water supply
authority upon such terms and conditions as may be
prescribed.
(7) The authority shall design, construct, operate.
.and maintain facilities in the locations and at the times
necessary to insure that an adequate water supply will
be available to all citizens within the authority.
H;itory.--. 7. ch. 74-114: 1, c 77-174;: ch. 79-5: s. 1. t. 86-2.
'WNote-.Se.ion 11. G .75-22 t'anferrW d poftr.uties, d functions athO e
Marbene of Natura RueaurCg rtatnug 1O wat rnna!emfent to he ewntmnlt of
EDwiortMiea Regulatin.
373.1963 Assistance to West Coast Regional Wa-
ter Supply Authority.-
(1) In lieu of the provisions in paragraph
373.1962(2Xa), the Southwest Florida Water Manage-
ment District shall assist the West Coast Regional Water
Supply Authority for a period of 5 years, terminating De-
cember 31, 1981. by levying an ad valorem tax, upon re-
quest of the authority, of not more than 0.05 mill on all
taxable property within the limits of the authority. During
such period the corresponding basin board ad valorem
tax levies shall be reduced accordingly.
(2) The authority shall prepare its annual budget in
the same manner as prescribed for the preparation of
basin budgets, but such authority budget shall not be
subject to review by the respective basin boards or by
the governing board of the district.


(3) The annual village for the authority shall be the
amount required to raise the amount called for by the an-
nual budget when applied to the total assessment on all
taxable property within the limits of the authority, as de-
termined for county taxing purposes.
(4) The authority may, by resolution, request the
governing board of the district to levy ad valorem taxes
within the boundaries of the authority. Upon receipt of
such request, together with formal certification of the
adoption of its annual budget and of the required tax
levy, the authority tax levy shall be made by the govern-
ing board of the district to finance authority functions.
(5) The taxes provided for in this section shail be ex-
tended by the property appraiser on the county tax roll
in each county within, or partly within, the authority
boundaries and shall be collected by the tax collector in
the same manner and time as county taxes, and the pro-
ceeds therefrom paid to the district which shall forthwith
pay them over to the authority. Until paid, such taxes
shall be a lien on the property against which assessed
and enforceable in like manner as county taxes. The
property appraisers, tax collectors, and clerks of the cir-
cuit court of the respective counties shall be entitled to
compensation for services performed in connection with
such taxes at the same rates as apply to county taxes.
(6) The governing board of the district shall not be
responsible for any actions or lack of actions by the au-
thority.
how y.-s. 13. h. 76-243: 1. Ch. 77-174.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs