Title: Fla Dept. of Agriculture & Consumer Services Re: Recommendations of the Water Supply Issues Advisory Group Regarding Water Supply Development and Funding/Draft Executive Order Language
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Title: Fla Dept. of Agriculture & Consumer Services Re: Recommendations of the Water Supply Issues Advisory Group Regarding Water Supply Development and Funding/Draft Executive Order Language
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - Fla Dept. of Agriculture & Consumer Services Re: Recommendations of the Water Supply Issues Advisory Group Regarding Water Supply Development and Funding/Draft Executive Order Language (JDV Box 90)
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 19
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004565
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Florida Department of Agriculture & Consumer Services SP 1 8 1996
SBOB CRAWFORD, Commissioner carltonFields-Tallahassee

~ The Capitol Tallahassee, FL 32399-0800 REC
SEP 1 6 1996
Carlton Fields Tallahassee
TO: Estus Whitfield, Director of Environmental Affairs .Car .- Talaa
Executive Office of the Governor

FROM: Charles C. Aller, Director ,-
Office of Agricultural Water Policy

RE: Recommendations of the Water Supply Issues Advisory Group Regarding Water Supply
Development and Funding/Draft Executive Order Language

DATE: August 15, 1996




As you know, at the June 17 WRCC meeting I was assigned the task of organizing an advisory group to
discuss and formulate recommendations on water supply issues in the context of a proposed executive
order.

The advisory group included representatives from various agencies; local governments; business, industry,
'agricultural and environmental interests; and legislative staff. After only two meetings, the group reached a
general consensus on recommendations regarding the means for establishing a study group on water supply
development and funding, guidelines for the membership of the study group, and specific draft language on
the charge of the study group.

As was agreed to during the meeting, Terry Pride and I incorporated the advisory group's recommendations
in a revised draft section of the Executive Order. Also attached are copies of written comments on the a
previous discussion draft, a summary of those comments, and the attendance sheets for each meeting.

Although, in the interest of time, the full group has not reviewed the attached recommendations, we
attempted to capture the prevailing sentiment on each point. As I'm sure you can appreciate, with such a
large and diverse group there is likely to be some individual divergence of opinion from our presentation on
individual issues. Overall, I was extremely pleased with the progress we made and the very positive
attitude of the participants.

On behalf of the advisory group, I would like to thank you for the opportunity to provide input on this
important subject. You know that many of these folks worked long and hard during the legislative session
on water supply planning and development issues. The group is very interested in staying involved in these
issues and in providing input into the other portions of the executive order, as you deem it appropriate.

Again, thank you. Please let me know if you have any questions or would like to meet with the advisory
group on this or related matters.


Attachments
cc: Water Supply Issues Advisory Group










Water Supply Issues Advisory Group Recommendations for the Study of
Water Supply Development and Funding
Submitted to the Office of the Governor/Environmental Affairs
August 15, 1996


1. Mode of establishing the (study group)

Recommendation: The Advisory Group recommends that the entity that will study water
supply development and funding be established through other means than the
"Partnership" group. For instance, the executive order could prescribe the membership of
the study group, using a model such as the APA, Property Rights,' or ELMS III
commissions.

The primary concern is that the framework of the study group provide the best chance to
achieve consensus among diverse interests.

2. Composition and staffing of the (study group)

Recommendation: The Advisory Group recommends that the composition of the entity
that will study water supply development and funding be diverse, well-balanced,
knowledgeable on water supply issues, and reflect both technical expertise and political
influence. It is important to have legislators on the study group. The study group should
be large enough to include the major interests (environment, agriculture, urban interests,
industry, local governments, private utilities), but not unwieldy (15-18 members or so).

3. Specific Language on the charge of the (study group):


Section

Although water in Florida is generally in abundant supply, in certain areas of the state the
overwithdrawal of natural water supplies and the major diversion of water resources have caused
harm to natural systems, endangered water supplies, and highlighted the need for a comprehensive
assessment of water supply development in Florida. It is necessary to address the means for
responsible development and funding of water supplies, in order to relieve overstressed water
resources, prevent harm to natural systems, and meet the needs of legal users of water. This
effort must be conducted in the context of overall water management and land use planning, yet
focused sufficiently to provide workable solutions to water supply problems. The effort must take
`-into consideration the relationship of water supply development to local comprehensive planning,
natural systems protection, flood control, and water quality protection and must provide













recommendations for water supply development which will help sustain this state's water
resources.


[MEMBERSHIP OR MEANS OF ESTABLISHING THE STUDY GROUP--SEE
RECOMMENDATION #1]


The (study group) shall investigate, and formulate recommendations on, effective means
for water supply development and funding, and the delivery of services to all legal users. For
purposes of this executive order, "water supply development" means the development of
adequate, safe, and dependable water supplies, including traditional and alternative supplies, for
existing and future legal uses, in a manner which sustains water resources. "Alternative supplies"
includes, but is not limited to, conservation, reuse, desalination, aquifer storage and recovery, and
surface water storage.
By October 31, 1997, the (study group) shall submit to the Governor a report which
identifies:
1. Mechanisms for water supply development, including recommendations regarding the
legal and institutional framework needed for water supply development and distribution, and the
assignment of responsibilities. This shall include a determination as to whether new mechanisms
or modifications to existing mechanisms for the development of regional water supplies are
needed, and related recommendations. In formulating these recommendations, the (study group)
shall take into account the potential for conflicts to result from implementation of the
recommendations, and, where appropriate, may address the need and suggested means for conflict
resolutionn.









2


- -













2. Various funding options for water supply development, with consideration of new or
existing federal, state, regional, or local government or private sources, leveraging, joint ventures,
grant and loan programs, water use fees, rate structures, and others. The (study group) shall
consider and make recommendations on equitable funding options for water supply development.
3. Existing and potential incentives for, and obstacles to, development of economically,
environmentally, and technically feasible water supplies. The (study group) shall give particular
emphasis to the need for funding or other incentives for water conservation, alternative water
supply development, and the application of other innovative technologies. This shall include
recommendations on recovering costs and addressing the need for a customer base for alternative
water supplies. The (study group) may make recommendations for statutory or regulatory
reforms to provide incentives for, or address obstacles to, water supply development.
4. Recommendations regarding implementation of the Water Management District
Review Commission and the Governor's Task Force on Land Use and Water Planning
recommendations which relate to water supply development.
5. Other recommendations, as necessary, to meet Florida's water supply needs and sustain
Florida's water resources.
Recommendations of the (study group) may be legislative or administrative, as needed to
meet its charge most effectively. The (study group) shall solicit testimony from experts and
professionals experienced in water supply development. The (study group) may present to the
Governor interim conclusions and recommendations, if any, no later than February 1, 1997.














3












SUMMARY OF WRITTEN COMMENTS TO 7-25-96iDRAFT
EXECUTIVE ORDER/WATER SUPPLY DEVELOPMENT
August 9, 1996


Casey Gluckman:



Eva Armstrong:
(Audubon)






Henry Bittaker:
(DCA)






Chuck Aller (DACS): 1.







0


1. Include consideration of protection of water supply sources,
consistent with the tenets of ecosystem management.
2. Specific language recommended (see attached letter).

Include consideration of:
1. The intricate connection needed between water resources
and land use planning decisions.
2. The need to consider multiple aspects of water resources
development, such as growth management and emergency
preparedness.
3. The conservation of natural water supplies.

1. Include evaluation of the role of
state agencies in water supply development.
2. Include consideration of "innovative and inexpensive ways
to resolve conflicts among stakeholders."
3. Qualify the use of the term "all" in connection with existing
and future uses, or further qualify the terni (i.e.,
"reasonable-beneficial uses").

The "Partnership" Group may not be the proper forum for forming
a group to study water supply development and funding.
2. The (committee, commission, study group) needs to have
"high-level" membership, as contemplated in the legislative
proposal (attached); a balanced group of user and
environmental representatives and legislators.
3. Need to define what we mean by "water supply
development."
4. Consider the language from the legislative proposal.
5. Remove narrow focus of the last sentence regarding
nonlegislative solutions.







4













Bevin Beaudet:
(Palm Beach Co.)











Steve Somerville:
Willie Horton
(Broward Co.)








Keith Hetrick
(FHBA)


1. Include in the executive order the guiding
principles developed by the Utility Advisory
Committee of the SFWMD (see attached letter).
2. Include in the executive order a recommendation to the
USCOE that water supply should be included as one of the
objectives of the Restudy of the C&SF Project.
3. The executive order should address Integrated Resource
Planning, using s. 373.1931 of the "pink bill."
4. Funding mechanisms should include a significant incentive,
cost-sharing grants program in the SFWMD, similar to the
SWFWMD program, and a state revolving loan fund for
alternative water supply development.

1. Emphasis should be on quantifying the
amount of water available--not assuming
there is a water supply crisis.
2. The executive order should address Integrated Resource
Planning (funding for water supply development should be
part of this process, if needed)--use s. 373.1931 of the "pink
bill."
3. Also, use the "pink bill" to address other issues which the
executive order may address (MFLs, land/water planning,
etc.).

1. Composition of the study group
(commission, etc.) should be comprised
of representatives of major user/industry groups and
legislators (not lobbyists).
2. Mistake to run the study group through the Partnership
group--should be run through the Governor's Office,
utilizing the chief of staff to focus the debate and problem
solve, similar to APA and property rights efforts and
consistent with ELMS III.
3. Specific language recommended regarding delivery of
services and assignment of responsibilities.
4. Replace paragraph 4 with language from legislative
proposal (paragraph (2)(b)2).
5. Rewrite last sentence to acknowledge need for legislative
involvement.












Jim Garner
(Pavese, Garner,
et al)















John Fumero
(SFWMD)


1. Use s. 373.1931 of the "pink bill" as a
starting point. .
2. Need legislative policy guidance in order to move forward
with a common direction. This should include need for a
balanced approach to meet the needs of all water users
(human and environment) and to recognize existing systems.
Also, MFLs should recognize permitted users, existing
systems, and the environment. See WMDRC
recommendations in addition to "pink bill."
3. Water supply development and related actions must be
driven by "good science." The peer review process for
SWFWMD (HB 2385) should be applied statewide.
4. Water supply development must be in close coordination
with affected user interests.
5. Removing regulatory obstacles should include issuing long-
term permits to provide certainty to users.

1. Expressly state that water supply
development includes environmental needs
2. Emphasize that water supply. development must be done as
part of regional water supply planning. i
3. Specify what is to be done with the recommendations of the
study group.






Aug 15 '96 11:42 P.02/07




-;": Florida Department of Agriculture & Consumer Services
:BOB CRAWFORD, Commissioner
SWS The Capitol TallUhasece, FL 32399-0800

; .: .


;:i: To: Paula Allen Doug Barr Henry Bittaker
Henry Dean D e Fisk John Funero
". ::Brad Hartman Pete Hubbell Diane Kiesling
SPam McVety Steve Pfeifer Samn Poole
Terry Pride Fein Recio Jerry Scarborough
:John Wehle Equs Whitfield John Williams
Wayne Voigt

From: Chuck Allcr

S Date: July 12, 1996

Subject: Water Supply Issues Meeting




SAs requested by the Governor's Office ad Secretary Wetherell at the WRCC meeting on June
17th, a working group of Water Managet ent District and agency representatives will meet to
discuss water supply issues on July 29 following the next WRCC meeting in the Governor's large
conference room, plaza level, of the Capiol. Since the exact time of the meeting will depend on
the conclusion of the WRCC, you will neid to maintain some flexibility in your schedules.
Present plans are to take a short lunch brdak following the WRCC, then reconvene at the same
location for approximately two hours.

SThe objective of the meeting is to devclo an outline of water supply Issues, possible processes,
..: mechanisms, or formats for addressing the issues, and timelines'; We will not be developing
solutions or policy positions relative to th issues. I expect that the Goveror's Office may
'..:. consider our work product as a preliminuw work plan for additional meetings with a broader
group of interested parties. The results of these subsequent meetings coull then be used as the
basis for the water supply component of ah Executive Order.

S An agenda will be provided prior to the meeting. If there are any questions, please call me at
(904)488-3022 or SC 278-3022.
'? *i'
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