Title: Water Supply Issues - Letter Dated Nov. 26, 1996
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Permanent Link: http://ufdc.ufl.edu/WL00004655/00001
 Material Information
Title: Water Supply Issues - Letter Dated Nov. 26, 1996
Physical Description: Book
Language: English
Publisher: Hopping, Green, Sams & Smith
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Supply Issues - Letter Dated Nov. 26, 1996 (JDV Box 70)
General Note: Box 24, Folder 4 ( Water Supply Issues - Linking Water Supply Planning and Land Use Planning ), Item 18
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004655
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







JAMES S. ALVES
BRIAN H. BIBEAU
KATHLEEN BLIZZARD
ELIZABETH C. BOWMAN
RICHARD S. BRIGHTMAN
PETER C. CUNNINGHAM
RALPH A. DEMEO
THOMAS M. DcROSE
WILLIAM H. GREEN
WADE L. HOPPING
FRANK E. MATTHEWS
RICHARD D. MELSON
DAVID L. POWELL
WILLIAM D. PRESTON
CAROLYN S. RAEPPLE
DOUGLAS S. ROBERTS
GARY P. SAMS
ROBERT P. SMITH
CHERYL G. STUART


TO:

FROM:


RE:


DATE:


HOPPING GREEN SAMS & SMITH
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS
123 SOUTH CALHOUN STREET
POST OFFICE BOX 6526
TALLAHASSEE, FLORIDA 32314
(904) 222-7500
FAX (904) 224-8551
FAX (904) 425-3415


Terry Pride

Wade Hopping


Water Supply Issues

November 26, 1996


GARY K. HUNTER, JR.
JONATHAN T. JOHNSON
ROBERT A. MANNING
ANGELA R. MORRISON
GARY V. PERKO
KAREN M. PETERSON
MICHAEL P. PETROVICH
R. SCOTT RUTH
W. STEVE SYKES
T. KENT WETHERELL, II
OF COUNSEL
W. ROBERT FOKES


DCa 0 2 199

Carton Fields Tallahassee
.jor.h 0. Vrfl


This memorandum is in response to your meeting summary dated November 22 related
to.Water Supply Development Core Group activities. I. have reviewed the information you
distributed and find it thorough and complete.

Planning Issues


Frankly, I believe we are traveling in circles in the planning area. We seem to be talking
about a multiplicity of plans. The plans discussed include the following: the State Water
Policy; the State Water Use Plan; the Florida Water Plan; the Water Resources Implementation
Rule of the Water Management Districts; the Water Management Districts' Water Management
Plans; and something called a Regional Water Supply Plan. In addition, there is discussion
about the role of local governments and their local comprehensive plans as they relate to water
supply. As Fred Jones used to say:

"I believe we are going to get ourselves tangled in our planning
underwear."


We need to simplify the planning process we are dealing with.


My suggestion is we simplify the water-related planning structure in the following
manner. At the top, State Water Policy adopted by the DEP and approved by the Legislature.
Next, a Water Management District Management Plan adopted by each Water Management
District with some oversight by the DEP. Water Supply Resource Planning, Minimum Flows


Jake ..-.
MEMORANDUM Jak
Work ECEY opy

RECEIVED


wonlf









Memorandum
November 26, 1996
Page 2

and Levels, Flood Control Plans, and Facility Plans could all be subsets of each Water
Management District's Water Management Plan instead of plans of their own. Things like the
"Water Resources Implementation Rule" could also be subsumed within the Water Management
District Management Plans.

How we coordinate what the Water Management Districts are doing with Local
Comprehensive Plans and their capital Facilities' expenditures for water supply is not exactly
clear to me. On one hand it might be useful to encourage local governments to have a water
supply element in their comprehensive plans. On the other hand they are not always the water
supplier for the area. Sometimes water supplies come from investor-owned water supply
utilities. Giving local governments the ability to control these private entities is not wise. It
also is counter-productive to use a concurrency approach to water supply facilities because the
decision on a consumptive permit or development permit is too late in the process. For this
reason I believe that other than adopting a simplified planning approach the best approach is to
move away from the planning issue for now and to focus on the responsibility of the Water
Management Districts to assure that there are adequate "water resources" for all users
(agriculture, industrial, domestic, private, and public) within a given area.

I do not believe the Water Management Districts should sell water but rather they should
focus on developing "water resources" and making those resources available to the. actual water
suppliers. In the case of South Florida that may mean.manipulating the flood control system so
that there is more recharge to the aquifer and/or more surface waters available-for usage rather
than discharging the surface waters to tide.

The second place we should focus is
These regulatory impediments seem to come in two broad classifications. Ir. ..
M impediments which prevent investor-owned water supply companies from
recovering the full cost of supplying water, including the full cost of reuse projects and
environmentally required activities. This will require legislative action. The second form of
impediment is a 1 V-.._-& ........ ., .- and the need
to encourage aquifer recharge and recovery and the retention and storage of more surface waters
as possible sources of water supply. In many cases, DEP rules require that the water being
reinserted in the groundwater meet drinking water standards. Is this truly necessary? We need
to search through various regulatory impediments and make fundamental decisions on whether
or not the regulatory language is actually necessary to protect the public health or whether it can
be modified to encourage additional uses of Florida's abundant rainfall.

In sum, I believe our current efforts in focusing on planning issues first may well be self-
defeating because it appears that we are creating an overly complex planning process when what
is really needed in the water supply area is to focus on removing impediments from water supply
development and implementation. We are not going to be able to plan our way out of this
problem any more than we have been able to plan our way out of the lack of infrastructure










Memorandum
November 26, 1996
Page 3

funding that Florida suffers in the growth management area. It is the construction of needed
facilities that will solve the problem, not a mass of perfect plans.

WLH/gbb


86318.1




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