Title: Minimum Flows and Levels Community Committee Summary of February 6, 1997 Meeting
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Permanent Link: http://ufdc.ufl.edu/WL00004791/00001
 Material Information
Title: Minimum Flows and Levels Community Committee Summary of February 6, 1997 Meeting
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Minimum Flows and Levels Community Committee Summary of February 6, 1997 Meeting (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 16
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004791
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

02/10 '97 18:08


WEST COAST REGIONAL WATER SUPPLY AUTHORITY


2535 LANDMARK DRIVE
CLEARWATER, FLORIDA 34621

813/796-2355
FAX NUMBER: 813/855-7479


FAX COVER SHEET


TO:1


Jake Varn, Esquire


COMPANY:


FAX NUMBER:


FROM:


Carlton Fields, et al.


904/222-0398


Donald D. Conn, General Counsel


COMMENTS: The attached was prepared by SWIFWMI) after Rich McLean's last
committee meeting on MFL. Additionally, I have just learned that Jerry Maxwell will be
attending the Wednesday meeting (f the I louse Committee on Water and Resource Management
to discuss the Authroity's governance report.


Number of pages (including cover): *4


DATE SENT:


February 10, 1997


TrIME SENT:


If there are any problems receiving this transmission, please call:


Krista


Ex: 2392


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PAGE 1


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02/10 '97 18:09 ID:WCRWS4-


PAGE 2


MINIMUM FLOWS AND LEVELS
COMMUNITY COMMITTEE
SUMMARY OF FEBRUARY 6, 1997 MEETING


The Committee considered the attached handout. First, Rich McLean walked the
Committee through the last page which describes the DEP's current draft of additional
legislation on minimum flows and levels.

Rich McLean then began the discussion of the drawing in the handout. The
drawing represents a blend of what the Water Management Districts and DEP
Statewide Consistency Work Group has discussed and generally agrees to and what
the Community Committee has discussed.

The Committee next considered the A-Factors and whether more should be
added. It was suggested that the second A-Factor specifically include a listing of all
non-consumptive uses. Suggestions were made to include the following on the A-
Factor list:
Cost of full recovery to the scientific level
Users
Land Use Regulations and Comprehensive Plans
There was a very definite split among Committee members as to whether to include any
of these factors.

The Committee moved on to discuss the P-Factors and whether any P-Factors
should be made A-Factors and vice versa whether any of the A-Factors eliminated the
need for any one or more of the P-Factors. There was discussion that the P-Factor
"Technical Feasibility" is the same as the A-Factor "Physical Impediment" and Is
considered in setting the Science Level (level 1.) though there were some concerns that
they could address different things.

There was also lengthy discussion about P-Factor "Environmental Value" and
whether it was also considered in setting the Science Level so that the environmental
value had already been decided. This lead to a discussion of about whether
augmentation and mitigation could be used in the P-Factor analysis in determining
permit issuance and how minimum flows and levels are applied differently from 400-2
criteria.

Upon adjournment of the meeting there appeared to be no general agreement on
any issue.

The next meeting will be on February 13. 1997 at 6:00 p.m. in the Tampa Service
Office. District staff will prepare a presentation of what it believes it will recommend for
the implementation model generally based on a synthesis of the Committee's work, the
Statewide Work Group's work and what it believes is in the best public interest of the
District.


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02/10 '97 18:09 ID:WCRWSP -


PAGE 3


Co~anity Committee, TabUary 6, 1997


Scientific Level (1).



A-Factor Level (2)


P-Factors (3)


Existing Lava. (4)


(1) Scientific Level established based on sustaining biological indicators and
hydrology including seasonal and annual variations. If no A-Faccors, chis
is the Miniaum Flow and Level.

(2) Level based on Adjustment Factors (A-Factors): Used only when specified
factors exist to a large enough dregre to uacify modifying the scientific
level. If met, then the resulting A-Fae or level is the Minimum Flow and
Level.

(3) Practicalicy Factors (P-Factors) are usef in evaluating existing permits
which contribute to an Existing Leval (4), which is belov the established
ninamua Flow and Lavel. P-Factors help i4encify what specific actions are
to be taken on an individual permit to contribute to recovery of the
Kinimum Flow and Level.


FAX:813-855-74029






02/10 '97 18:10


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FAX:813-855-7472?


1. Physical tapediments to full recovery such as water control and
ocher structures.


2. ProtectLon of non-conmumptive uses such as navigation. recreation
and aesatheLcs.


PAGE 4





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MINIMUM FLOWS AND LEVELS COMMUNITY COMMITTEE
FEBRUARY 6, 1997



DMEFTNNG THE PRACTICALITY FACTORS*

Where the system is below the MFL. get back to the MFL if practical based on public-
interest factors which include but are not limited to:

1. Cost-cost to the user to implement
2. Time-time involved in achieving the desired low or level
3. Environmental fcasibility-feasibility of restoring the environment
4. Technical feasibility (Nw Factor) feasibility of technically accomplishing the
tasks related to restoring the flow or level
5. Not case other environmental impacts or other impacts balancing the benefit of
restoring an environmental feature vs. otder impacts that occur as a result of the
activities involved in the restoration
6. Environmental value (1) how long and at what cost would it take to restore the
system; (2) whether the system has any environmental value; (3). piritizing
systems to be restored based on relative environmental value assuming- limited
restoration resources
7. Public Health, Safety, and Welfare (New Factor) undefined
8. Alternatives types of alternatives that could be used to achieve th. MFL
NOTE-It was not resolved whether this should remain as an individual factor, or
whether to insert it in the preamble above stating that the list of practicability
factors would also apply to evaluation of alternatives.
9. Public interest-undefined
NOTE:It was not resolved whether this should remain as an individual factor to
serve as a "catch-all category, or whether to just insert it in the preamble above.

=THESE FACTORS ARE TO BE USED ON PWRMITS TO DETERMINE THEIR
CONTRIBUTION TO RECOVERY.


PAGE 5


02/10 '97 18:10




PAGE 6


02/10 '97 18:10 ID:WCRWSA ^


ALTERNATIVE PROPOSAL BY DEP (cleanup of above proposal-substantively
the same-minus the italicized language):

373.1715 Minimum flows and levels; establishment and implementation.-
(1) Ifthe existing flow or level in a water body is below, or is projected to fall
below, the applicable minimum flow or level established pursuant to s. 373.042, the
department or governing board shall immediately implement a recovery or prevention
strategy, which includes water resource development and other actions, consistent with
the requirements and authority in this chapter, to:
(a) Achieve recovery to the established minimum flow or level as soon as
practicable; or
Cb) Prevent the existing flow or level from falling below the established minimum
flow or level.

The recovery or prevention strategy shall include phasing or a timetable that will flow for
water resource development and water supply development, including new traditional or
alternative water supplies, and implementation of conservation and other efficiency
measures; in coordination with, and to the extent practicable concurrent with, any
reductions in permitted allocations or withdrawals.
(2) When establishing minimum flows add levels pursuant to s. 373.042, the
department -or governing board shall consider alteraions to surface waters, which were
authorized by a permit issued pursuant to part I or par IV of this chapter, which ar
exempt from permitting under those provisions, or which existed prior to those provisions,
and the effects such alterations have had on the hydrology of watercourses, surface water
bodies, or groundwaters. Nothing in this subsection shall be construed to limit or require
water resource restoration.
(3) The provisions of this section are supplemental to any other specific
requirements or authority provided by law.


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02/10 '97 18:10


PAGE 6


ID:WCRWSA FAX:813-855-747Q


ALTERNATIVE PROPOSAL BY DEP (cleanup of above proposal-substantively
the same-minus the italicized language):

373.1715 Minimum flows and levels; establishment and implementation.-
(1) If the existing Bow or level in a water body is below, or is projected to fall
below, the applicable minimum flow or level established pursuant to s. 373.042, the
department or governing board shall immediately implement a recovery or prevention
strategy, which includes water resource development and other actions, consistent with
the requirements and authority in this chapter, to:
(a) Achieve recovery to the established minimum flow or level as soon as
practicable; or
(b) Prevent the existing flow or level from falling below the established minimum
flow or level.

The recovery or prevention strategy shall include phasing or a timetable that will allow for
water resource development and water supply development, including new traditional or
alternative water supplies, and implementation of conservation and other efficiency
measures; in coordination with, and to the extent practicable concurrent with, any
reductions in permitted allocations or withdrawals.
(2) When establishing minimum flows aid levels pursuant to s. 373.042, the
department or governing board shall consider alteraions to surface waters, which were
authorized by a permit issued pursuant to part I or par IV of this chapter, which are
exempt from permitting under those provisions, or which existed prior to those provisions:
and the effects such alterations have had on the hydrology of watercourses, surface water
bodies, or groundwaters. Nothing in this subsection shall be construed to limit or require,
water resource restoration.
(3) The provisions of this section are supplemental to any other specific
requirements or authority provided by law.


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