Title: Water Supply Development Core Group Issue Identification and Draft Recommendations, Jan. 2, 1997, Draft
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 Material Information
Title: Water Supply Development Core Group Issue Identification and Draft Recommendations, Jan. 2, 1997, Draft
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Supply Development Core Group Issue Identification and Draft Recommendations, Jan. 2, 1997, Draft (JDV Box 70)
General Note: Box 24, Folder 4 ( Water Supply Issues - Linking Water Supply Planning and Land Use Planning ), Item 16
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004653
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.

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Water Supply Development Core Group
Issue Identification and Draft Recommendations
January 2, 1997, Draft


Planning Issues,
Consensus Recommendations:


Water Planning Process


* *C-1. There is a needfor simplification of the
water planningprocess (AT A MINIMUM, REVISE
THE STATUES TO PROVIDE FOR ONE PLAN AT THE
STATE LEVEL).


State-level Role With Regard to Water Supply


Planning


Potential Recommendations for Further
Discussion:


D-1. Discuss subcommittee proposal for
simplification of the process.


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**C-2. There should be more focus on water supply
than currently exists in state-level planning (NOT
HANDS-ON INVOLVEMENT, BUT GUIDANCE).
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C-3. Water supply development should be
addressed more adequately in Florida Water Plan
fFWP) and State Water Policy (SWP) rule.












Regional Water Supply Planning
plaomlr -fw tcuiak p suppl awcl waty olute deve
C-4. Lack ojfvarhtr s.l.yh pannin. is not theApr' lt
,roblem, lack of plan implementation is the
problem .


D-2. Either a new entity or better implementation
by DEP with more resources.



D-3 Include timeframes in the Florida Water Plan
with regard to water supply planning and
development.

D-4. Include policy guidance in the FWP and SWP
rule adequate for FLWAC to deal with related
appeals.



D-5. Identify needs and sources in a single,
statewide document.


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Planning Issues, Potential Recommendations for Further
Consensus Recommendations: Discussion:


Regional Water Supply Planning (cont.)


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b. Use conventions committee approachfor
achieving consistent process/format among WMDs
in developing regional water supply plans
(RWSPs), similar to conventions process for
District Water Management Plans.

c. Achieve consistency also through DEP general
supervisory authority and guidance of Governor's
Office. (See Executive Order 96-297.)


C-6. "Water resources development" and "water
supply development" should be distinguished from
each other and defined


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**D-6 Proposed Definitions (revised):
C"Water resources development" means the a









development and implementation of integrated
water resources management stratemes using

aquifers and watershed basins as the planning units
and including the following: surface water and
groundwater data collection and evaluation; the
preparation of strategic plans; construction,
maintenance and operation of major public works
facilities to provide for flood control, surface and
underground storage, groundwater recharge
augmentation, and sustainability of all reasonable
and beneficial water uses: and supportive
interaction with to support private and public water
users and water suppliers.

"Water supply development" means the planning,
construction, maintenance, and operation of public
and private facilities for extraction of water from
watersheds and aquifers for local treatment,
transmission, and distribution for resale or end use.









Planning Issues. Potential Recommendations for Further
Consensus Recommendations: Discussion:


Regional Water Supply Planning (cont.)

C-7 The function and effect ofRWSPs should be:

a. To identify a menu of options for water supply
development from which to choose.
b. To idewihi waOYL woVYLe ktw,4VIuA + POLcte.
-. b. To provide action-oriented steps, with
flexibility but as much surety as possible for users.

4. e. To guide funding of water supply projects. For
instance, if a project is consistent with the plan, it
is eligiblefor specifiedfiinding. ("Consistent" is
not the legal chapter 163 meaning, but in concert
with the plan, not at cross purposes with the plan,
compatible.)


**C-8. The RWSP should identify means of
implementing nonregulatory parts of plans-a
forcing-action type of planning. (E.G., ACTUAL
DEVELOPMENT OF SUPPLIES-THIS INCLUDES
WHO WILL IMPLEMENT VARIOUS PROJECTS,
TIMEFRAMES, HOW IT WILL BE IMPLEMENTED,
AND SOURCES OF FUNDING)

C-9. Needs of self suppliers, including projected
future uses, should be addressed in WMD regional
water supply plans. It should be made clear that it
's a role of the WMDs to do this.


C-10. (Consistent with D-7) Portions ofRWSPs
-ould be adopted by rule, as appropriate, or rules
wouldd be developed or amended to implement the
dlan, to the extent of the WMDs' statutory
authorities. (THE PLAN WOULD NOT CONFER
AUTHORITY BUT WOULD REFLECT STRATEGIES
rHAT COULD BE IMPLEMENTED UNDER EXISTING
AUTHORITIES.)


D-7. Regarding the general function of RWSPs,
consider language similar to that in s. 187.101, F.S.,
such as:

A regional water supply plan does not create
regulatory authority or authorize the adoption of
rules, criteria, or standards not otherwise authorized
by law. The provisions of the plan shall be
reasonably applied where they are environmentally,
economically, and technically feasible and no
specific goal or policy in the plan shall be construed
or applied in isolation from the other goals and
policies in the plan. The objective of the plan shall
be to meet the water supply needs of all existing
and future legal uses within the planning region in a
manner which sustains water resources and related
natural systems.

D-8. Statement of objectives for water supply
planning (Discuss subcommittee proposal).









Potential Recommendations for Further
Discussion:


Regional Water Supplnn Planning (cont.)


C- 1. There should be a linkage between regional
water supply planning and water regulation (E.G.,
A CONSUMPTIVE USE PROJECT WOULD HAVE TO
BE CONSISTENT WITH THE RULE-ADOPTED
PORTIONS OF THE PLAN IN ORDER TO BE
PERMITTABLE).

Relationship Between Local Government
Comprehensive Plans (LGCPs) and RWSPs

C-12. LGCP water supply element* needs to
indicate sources of water, based on RWSP or other
best available data.

*"general sanitary sewer, solid waste, drainage,
potable water, and natural(go dei aquifer
recharge element" 5s

C-13. Local governments should be encouraged to
use sources identified in RWSPs




Data for local water supply planning.

C- 14. Data should come from the WMDs, unless
better data is available. WMD should be primary
source of data, but this would not preclude a local
government from using more accurate data.

C-15. At a minimum, DCA should rely on the
WMDs for identification of sources.


.Coordination Among Local Governments in
Water Supply Planning.


D-9. Require a water supply element in LGCPs.

D-10. Require that LGCPs be consistent with
RWSPs (rule-adopted portions, data?)

**D-11. DEP, the WMDs, DCA, local
governments, and others should focus on increasing
communication and providing early technical
assistance--and financial assistance where possible--
to ensure that local comprehensive plans and local
government actions are coordinated with WMD
needs and sources assessments and regional water
supply plans.













NO RECOMMENDATIONS DEVELOPED


Planning Issues.
Consensus Recommendations:









Development Issues Potential Recommendations for Further
Consensus Recommendations Discussion

State Role in Water Supply Development

C-16a. The state should assure protection of water
resources on state lands.

b. The state could enhance the acquisition of lands for
recharge.


WMD Role in Water Supply Development
**C-17. The proper WMD role in water supply is
planning and water resource development. WMDs are
not primarily in the water supply development business,
but are not precluded from providing assistance with
water supply development. (See consensus definitions
when finalized, D-6)

**C-18. WMvDs should account for cumulative impacts
on water resources and manage the resources in a
sustainable manner.

**C-19. WMDs could make WMD lands available for
water supply, with appropriate safeguards.


Reuse

C-20. Florida should maximize reuse.


Local Role in Water Supply Development
**C-21. The proper local role (including local
governments regional water supply authorities, and
private utilities) in water supply is water supply
development and not primarily water resource
development (see consensus definitions when finalized,
3-6). However, this does not preclude local assistance
nh water resource development.









Development Issues Potential Recommendations for Further
Consensus Recommendations Discussion

Minimum Flows and Levels


**C-22. MFLs should be directed to areas where water
is being or will be developed. (See Ex. Order 96-297)

**C-23. MFLS should be integrated into District Water
Management Plans (IN CONJUNCTION WITH
IMPLEMENTATION PLANS FOR MFLS, 1AN FRWATER
SUPPLY DEVELOPMENT ).
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**C-24. One major goal ofMFLs should be to help us
understand what is happening to the resource in
sufficient time to focus efforts and money to provide
additional water supplies.


*D-12. Where, at the time of its
establishment, a MFL is already below the
limit at which it is established and the resource
is recoverable, the WMD shall immediately
ake action to develop or implement an
existing regional water supply plan to achieve
recovery of the established minimum flow or
evel as soon as practicable and provide
adequate water supplies for all existing and
rejected reasonable-beneficial uses. The plan
shall contain reasonable short-term and long-
term measures and a reasonable timetable for
achieving recovery and for developing
adequate water supplies.

(SUBJECT TO REVISION PRIOR TO THE 1-10
MEETING)


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Regulatory Issues Potential Recommendations for Further
Consensus Recommendations Discussion

SRegulatory Constraints on the Development of
Sustainable Water Supplies

C-25a. There should be a presumption of correctness
or prudence by the PSC ifDEP "approves" an
improvement by a utility.

b. The PSC should allow a reasonable time for cost
recovery (length of planning period on which to base a
calculation of prudent costs)

c. Perhaps have a DEP/PSC list of qualified reuse and
other equipment.

**d. PSC/DEP/WMDs MUST coordinate timeframesfor
compliance and cost recovery (especially for reuse).

**C-26. AGENCIES SHOULD explore the use of the new
APA waiver and variance provisions to keep up with
changes in technology.

**C-27. AGENCIES SHOULD work with EPA to solve
technical and related legal obstacles for ASR, etc.


**C-28a. DEP and the WMDs MUST coordinate
feasibility requirements and criteria for reuse. (The
Reuse Coordinating Council meets regularly to address
such issues.)

**b. DEP, the WMDs, and the Dept. of Health MUST
coordinate reuse criteria and efforts. THE
GOVERNOR'S OFFICE SHOULD DIRECT THESE
AGENCIES TO DO SO THROUGH EXECUTIVE ORDER OR
OTHER APPROPRIATE MEANS.









Regulatory Issues Potential Recommendations for Further
Consensus Recommendations Discussion

Regulatory Contraints on the Development of
Sustainable Water Supplies. (cont.)


**C-29. WMDs should identify the common boundary
areas where they have conflicting regulatory criteria
and plans and should coordinate with each other to
reduce or eliminate such conflicts; statutory
impediments to such coordination should be removed
and, if necessary, specific statutory authority (AND
DIRECTION?) should be provided to assure
coordination (POSSIBLY ALLOW DELEGATION
BETWEEN WMDS).


Technical Constraints on the Development of
Sustainable Water Supplies

C-30. There should be accelerated research by WMDs,
Universities, and others (cooperative efforts where
possible) to remove technical obstacles to the
development of alternative sources.

Scientific peer review

C-31. There should be scientific peer review at the
front end for research and development, and for other
processes, e.g,. technical aspects of planning, MFLs.

Consumptive use permit terms

**C-32. Long-term consumptive use permits are
acceptable where long-term supplies are available and
where there is adequate review to ensure against
adverse effects on the environment and on existing legal
users. (REVISED--SUBJECT TO FURTHER REVISION
PRIOR TO THE 1-10 MEETING)


D-13. Discuss subcommittee proposal for
long-term CUPs. (subcommittee is to review
SJRWMD rules on long-term permits)










Regulatory Issues Potential Recommendations for Further
Consensus Recommendations Discussion
Wellhead Protection **D-14. Subcommittee Proposal:

Wellhead protection should be encouraged to
protect existing and future water supplies and
public health. Because of the permeable sand
and porous limestone soil in Florida, the
groundwater is highly susceptible to
contamination from spills of hazardous or
toxic material. Established zones of
protection around wellfields that pump water
would restrict the use of regulated substances
such as solvents, gasoline, and pesticides to
help prevent contamination of the
groundwater by these materials.

In addition to well head protection, local
governments should include, as a provision of
future residential development, an allocation
or dedication of that development for water
supply to accommodate the increased demand.
This could include, within the existing open
space requirements, dedicated future wellfield
sites integrated within the development
design.



















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