Title: Water Supplly Development Core Group - Issue Identification and Draft Recommendations, January 10, 1997, Draft
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 Material Information
Title: Water Supplly Development Core Group - Issue Identification and Draft Recommendations, January 10, 1997, Draft
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Supplly Development Core Group - Issue Identification and Draft Recommendations, January 10, 1997, Draft (JDV Box 39)
General Note: Box 29, Folder 4 ( Water Supply Issues Group (File 2 of 3) - 1996 ), 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: WL00004816
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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S ECOSYSTEM MANAGEMENT Fax:904-922-53


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Lawton Chiles
Governor


Jan 13 '97


rt.-nent of

ntal Protection


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Water Supply Development Core Group
Issue Identification and Draft Recommendations
January 10, 1997, Draft


Planning Tssues. PotentJial Recommendations for Further
Consensus Recommendations: Discussion:


Water Planning Process


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


State-level Role With Regard to Water Supply
Planning

* *C-2. There should be more focus on water supply
development and water resource development than
currently exists in state-level planning (NOT
HANDS-ON INVOLVEMENT, BUT GUIDANCE).


C-3. Water supply development and water
resource development should be addressed more
adequately in Florida Water Plan (FWP) and State
Water Policy (SWP) rule.








Regional Water Supoly Planning

C-4. Lack of planning for water supply
development and water resource development is
not the primary problem, lack ofplan
implementation is the problem.


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







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




D-3 Include timeframes in the Florida Water Plan
with regar4 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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Plannintyussues,
Consensus Recomnzendations:


Potential Recommendations for Further
Discussion:


Re ionnl Wnter Sutinly Pirnnin count. )


C-5a. While there should be allowancefor
regional variations, there is a need for consistency
among the water management districts in
developing their regional water supply plans and
needs and sources assessments..

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 he distinguishedfrom
each other and defined


**D-6 Proposed Definitions (revised):

"Water resources development" means the
development and implementation of integrated
water resources management strategies using
aquifers arid watershed basins as the planning units
and including the following: surface water and
groundwaer 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


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Planning Issues.
Consensus Recommendations:


Potential Recommendations ivs
Discussion:


Regional Water Sunnlv Planning (cont.)


C-7 The function and effect ofR WSPs should be:

a. To identify a menu of options for water supply
development from which to choose.

b. To identify water resource development
projects.

c. To provide action-oriented steps, with flexibility
but as much surety as possible for users.

d. To guide frmding of water supply projects. For
instance, if a project is consistent with the plan. it
is eligible for specified funding. ("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 nonregulaloly 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
is a role of the WMDs to do this.


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

A regional Iwater 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
reasonablyjapplied 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 meetithe 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).


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Potential Recommendations for Further
Discussion:


Regional Water Supnlv Planning count. )


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

C-11. 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 groundwater aquifer
recharge element"

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


J










D-9. Reqt ire a water supply element in LGCPs.

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

"*D-1 1. 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.


Planning Issues.
Consensus Recommendations:


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

Data for loer! 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
WMDsfor identification of sources.


Coordination Among Local Governments in NO RECOMMENDATIONS DEVELOPED
Water Sunplv Planning



Development Issues Potential Recommendations for Further
Consensus Recommendations I Discussion
State Role in Water Sunnly Develonment


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 Develonment
"'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)


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Development Issues Potential Recommendations for Further
Consensus Recommendations Discussion

WMD Role in Water Sunnlv Development


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

* C-19. WtDs could make WMDI land available for
water supply, with appropriate safeguards.


Reuse

C-20, Florida should maximize reuse.


Local Role in Water Supnly Develonment
" C-21. The proper local role (inchiding local
governments, regional water supply cmthorities. and
private utilities) in water supply is water .spply
development and not primarily water resource
development (see consensus definitions when finalized,
D-6). However, this does not prechlde local assistance
in water resource development.

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)

S"C-23. MFLS should he Integrated into District Water
Management Plans (IN CONJUNCTION WITH
IMPLEMENTATION PLANS FOR MFLS, WATER SUPPLY
DEVELOPMENT, AND WATER RESOURCE
DEVELOPMENT).

**C-24. One major goal ofMIPLs should he to help us
understand what is happening to the resource in
sufficient time to focus efforts and money to provide
additional water supplies.


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'"Dril2. If, at the time a MFL is established,
theater level is below the MFL, the WMD
shall'immediately take action to develop and
impl ment a regional water supply plan to
achi ,e recovery of the MFL. In the absence
of irreparable, significant, or permanent harm
to the: water resources, the plan to achieve
recovery shall include a timetable that will
allow the development of new supplies to
replable the reductions brought about by the
establishment of the MFL.


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Regulatory Issues Potpntial Recommendations for Further
Consensus Recommenedations Discussion
Regulatory Constraints on the Development of
Sustainable Water Sumplies

C-25a. There should be a presumption of correctness
or prudence by the PSC if DEP "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 timeframes for
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. TIHE
GOVERNOR'S OFFICE SHOULD DIRECT THESE
AGENCIES TO DO SO THROUGH EXECUTIVE ORDER OR
OTHER APPROPRIATE MEANS.


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Regulatory Issues Potential Recommendations for Further
Consensus Recommendations I Discussion

Regulatory Contraints on the Development of


Sustainable Water Supplies. (cont.)


**C-29. WMDs should identify the areas of overlapping
jurisdiction 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.

Consumplive 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-1_ Discuss subcommittee proposal for
longterm CUPs. (subcommittee is to review
SJRIvMD rules on long-term permits)



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

Wellhead protection should be encouraged to
proteA existing and future water supplies and
publiclhealth. 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 pjrvent 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.


Jan 13 '92 3:45




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