Title: The Role of the Regiional Water Supply Authority
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Permanent Link: http://ufdc.ufl.edu/WL00004293/00001
 Material Information
Title: The Role of the Regiional Water Supply Authority
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - The Role of the Regiional Water Supply Authority (JDV Box 89)
General Note: Box 19, Folder 7 ( Florida's Water Wars - 1991 ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004293
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









I. TEB ROL! 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.

Xn 1974 the Florida Legislature created Section 373.1962,
Florida Statutes 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, the Peace River/Manasota Regional
Water Supply Authority, and the Walton, Okaloosa, Santa Rosa
Regional Water supply Authority.


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." $2S 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;

(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 09 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 Statues, which provided for limited financial
assistance to the WCRWSA. Pursuant to this statute, the Southwest
Florida Water Management District was authorized to 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 373.1962(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.




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,- EXeCUTXVb SUMMARY

INTRODUCTION

This study provides the framework to meet future water use in the
Southwest Florida Water Management District (SWFWMD). A 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 suitable source, or if no source had already been
proposed, then an appropriate source was selected to meet the need.




"2tU4- iaU 7'i 4U25 ShFWMD EXEC


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.
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),
froth 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 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).
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


1002




UOsu aBe 72Yk11 4625 SWFWMD EXEC


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.

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
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 need for recreational water
use is expected to be 10.5 mgd, in 2020.

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


iii


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'OU904 7H6 7211 4625 SWFWMD EXEC


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.
SOUTHEa lWDPA

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 =gd, 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 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 in 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.


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