Title: Water Supply Development and Funding Working Group (Full Group) Meeting of Jan 10, 1997 - Issue Identification and Draft Recommendations
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 Material Information
Title: Water Supply Development and Funding Working Group (Full Group) Meeting of Jan 10, 1997 - Issue Identification and Draft Recommendations
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Supply Development and Funding Working Group (Full Group) Meeting of Jan 10, 1997 - Issue Identification and Draft Recommendations (JDV Box 39)
General Note: Box 29, Folder 4 ( Water Supply Issues Group (File 2 of 3) - 1996 ), Item 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004822
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


[ Department of

Environmental Protection


Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399.000


Virginia B. Wetherell
Secretary


MEMORANDUM


FROM: Terry Pride f.eA-

TO: Water Supply Development and
(Full Group)

RE: January 10 Meeting


DATE:


Working Group


January 3, 1997


As you know, the next meeting of the full group and t e core committees has been moved to
January -10. It will be held in Tallahassee at the PSC Iuilding (Betty Easley Conference
Center), room 171, from 9:00 to 3:00. The agenda and the core committee materials will be
available at the meeting, or you can contact your core committee representative to get the
materials beforehand. The full group will spend some time in the morning reviewing the work
of the core committees to date.

The Funding Core Committee will meet on January 9 s well as on January 10. The January 9
meeting will be held in Tallahassee, room 171 of the etty Easley Conference Center, from
9:00 to 3:00. You are welcome to participate in this meeting.

Happy new year.

TP/ltp

Attachment
cc: Estus Whitfield
Dan Stengle
Paula Allen


"Protect. Conserve ranl MAuruc Florida's ECnironmcnr and Naturvl Rorources"
Printed on recydcd popr.


Lawton Chiles
Governor


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... ,CAPITAL CIRCLE OFFICE CENTER

ALTERNATIVE ROUTES
SFrom Airport: Aight onto Capital Qircle.SW. Rigit onto Shumard Oak:Blvd. (after
approximately 4 traffic lights) at the CapiialCirclc.'Ofce Center.

+. From 1-10:. Take exit 31 -B to Tallahassee (90 Wes Q. Left onto Capital Circle SE. Cross
Apalachee Parkway, pass the Koger Center. Left on o Shumard Oak Blvd. At the Capital Circle
Office Center.
PARKING
Go past Eplanade Wary. tum lft immediately past the Gerald L. Gunter Building, and park in the area to your right. This
parking area is behind the Easley Center, but you n Ty enter thc Ccntcr Ihrotgh the cast entrance. The Easley Centcr
actually fuces Esplanade Way.




Existing Buildings



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MEMORANDUM

FROM: Jake Varn and David Guest

TO: Water Supply Development Core Committee

RE: January 10 Meeting

DATE: January 3, 1997
I

Happy new year to all of you. Attached a4e a revised list of draft recommendations and
discussion items (January 2 draft) and the results of the consensus testing on the December 12
draft of the recommendations. Please refer to your December 12 draft when reviewing these
results.

As you know, the next meeting of the full group and the core committees has been moved to
January 10. It will be held in Tallahassee at the PSC building (Betty Easely Conference Center),
room 171, from 9:00 to 3:00. At our core committee meeting we plan to finalize the draft
recommendations, determine the remaining issues to be resolved, and make final subcommittee
assignments. The agenda and a detailed summary of the December 18 meeting will be available at
the January 10 meeting.

The Funding Core Committee will meet o0 January 9 as well as on January 10. The January 9
meeting will be held in Tallahassee. room 171 of the Betty Easely Conference Center, rom 9:00 to
3:00. You are welcome to participate in this meeting.

We look forward to seeing you on the 10th.

JV/DG/tp

Attachments
cc: Estus Whitfield
Dan Stengle
Paula Allen
Funding Core Committee


Jan 5 :7


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ECOSYSTEM MANAGEMENT Fx:904-922-53 Jan 5 '97 1:22 P. 02/12




Water Supply Development Subcommittee
S 12/13/96


Mr. Joseph W. Adcock, AICP, Camp Dresser & McKee, Inc., Phone: 941/351-7100, FAX: 941/355-5311
Mr. Chuck Aller, DACS, Phone: 488-3022, FAX: :488-7585
Ms. Eva Armstrong, Florida Audubon Society, Phone: 222-2473, FAX: 224-6056
Mr. Butch Calhoun, FL Fruit & Vegetable Asssoc., Phone: 877-3181, FAX: 877-0981
Mr. Bram Canter, WCRWSA, Phone: 222-3533, FAX: 222-2126
Ms. JoAnn Chase, Public Service Commission, Phone: .413-7003, FAX: 413-7004
Ms. Sherry Coven, FL Regional Councils Assoc., Phone: 488-6211, FAX: 488-1616
Mr. David Guest, Sierra Club Legal Defense Fund, Phone: 681-0031, FAX: 681-0020
Mr. Wade Hopping, Hopping, Green, Sams & Smith, Phone: 222-7500. FAX: 224-8551
Mr. Philip Leary, AICP, FL Farm Bureau, Phone: 352/374-1522, FAX: 352/374-1501
Mr. Dexter Lehtinen, Lehtinen, O'Donnell, Fargas & Reiner, Phone: 305/279-1166, FAX: 305/279-1365
Mr. Chuck Littlejohn, FL Chamber, FES, Phone: 222-7535, FAX- 681-8796
Ms. Janet LLewellyn, Office of Water Policy. FDEP, Phone: 488-0784, FAX: 922-5380
Mr. John McCue,. Phone: 926-8876, FAX:, 926-2071
Mr. Charles Pattison, Dept. of Community Affairs, Phone:. 488-2356, FAX: 488-3309
Mr. Fred Rapach, Palm Beach Cty Water p)ep. Phone: 407/641-3429, FAX: 407/641-3472
Mr. Jack Shreve, Ofc. of Public Counsel, Phone: 488-9330. FAX: 488-4491
Mr. Mike Slayton, SFWMD, Phone: 561/687-6540, FAX: 561/687-6200
Mr. Jackson Sullivan, Withlacoochee Regional Wtr. Supply Authority, Phone: 224-5366, FAX: 222-0398
Mr. Jake Vam, Carlton, Fields, Phone: 224-1585. FAX: 222-0398
Mr. Oel Wingo, Phone: 352/629-8401, FAX: 352/629-8391






Water Supply Funding Subcommittee
12/13/96

Mr. Gene Adams,. FL Associate of Realtors, Phone: 904/224-1400, FAX: 904/224-0701
Ms. Debbie Drake, The Nature Conservancy, Phone: FAX: 222-0973
Mr. Mercer Fearington,, Phone: 224-1215 FAX: 222-8826
Ms. Casey Gluckman, Gluckman & Gluckman, Phone: 421-0152, FAX: 421-2426
Ms. Jane Hayman, FL League of Cities, Phone: 222-9684, FAX: 222-3806
Mr. Keith Hetrick, FL Home Builders Assoc., Phone: 224-4316, FAX: 224-1359
Mr. Dexter Lehtinen, Lehtinen, O'Donnell, 'Fargas & Reiner, Phone: 305/279-1166, FAX: 305/279-1365
Ms. Pam McVety, FDEP, Phone: 488-7454, FAX: 414-0060
Mr. Philip Parsons,. Phone: 681-0311, FAX: 224-5595
Mr. Roy A. Reynolds, Broward Cty Water MgmL, Phone: 954/831-0767. FAX: 954/831-0708
Mr. Bill Segal, SJRWMD Governing Brd., Phone: 904/329-4500, FAX: 904/329-4125
Mr. Jack Shreve, Ofc. of Public Counsel, Phone: 488-9330; FAX: 488-4491
Mr. E.D. "Sonny" Vergara, Peace River/Manasota Regional, Phone: 941/741-3049, FAX: 941/741-3058
Mr. Steve Walker, Lewis, Longman & Walker, PA., Phone: 561/640-0820, FAX: 561/640-8202
Mr. John Williams, Public Service Commission, Phone: 413-6986, FAX: 413-6987





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


Planning Tssues., Potential Recommendations for Further
Consensus Recommendations: Discussion:


Water Plannin2 Process

*"C-1. There is a need for 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 Wnter Supnly
Planning

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


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











Regional Water Supply Planning

C-4. Lack of water supply planning is not the
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 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.)


C-Sa. There is a needfor consistency in regional
water supply planning, needs and sources
assessments, with regardfor regional variations.

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.


**D-6 Proposed Definitions (revised):

"Water resources development" means the
development and implementation of integrated
water resources management strateies using
aquifers andiwatershed 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 sup ive
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.


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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 optionsfor water supply
development from which to choose.

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

c. To guide funding of water supply projects. For
instance, if a project is consistent with the plan, it
is eligiblefor 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 nonregulatory parts ofplans-a
forcing-action type ofplanning. (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 i
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.


C-10. (Consistent with D-7) Portions of RWSPs
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.)


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).























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


Regionni Water Supply Planning (cont.)

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 groundaer aquifer
recharge element"

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
WMDsfor identification of sources.


.Coordination Among Local Governments in


Wi ter Stinnlv 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


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ECOSYSTEM MANAGEMENT 904-922-53


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

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

b. The state could enhance the acquisition of landsfor
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. WMDs should account for cumulative impacts
on water resources and manage the resources in a :
sustainable manner.

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


Reus
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,
D-6). However, this does not prechlde local assistmce
inh water resource development.


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ECOSYSTEM MANAGEMENT Fax:904-922-53


development Issues Potential Rlecommendations for Further
Consensus Recommendations I Discussion
Minimum Flows and Levels

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

C-23. MFLS should be integrated into District Water **D-12. Where, at the time of its
Management Plans (IN CONJUNCTION WITH establishment, a MFL is already below the
IMPLEMENTATION PLANS FOR MFLS AND FOR WATER limit at which it is established and the resource
SUPPLY DEVELOPMENT). is recoverable, the WMD shall immediately
take action to develop or implement an
**C-24. One major goal of MFLs should be to help us existing regional water supply plan to achieve
understand what is happening to the resource in recovery of the established minimum flow or
sufficient time to focus efforts and money to provide level as soon as practicable and provide
additional water supplies, adequate water supplies for all existing and
projected 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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ECOSYSTEM MANAGEMENT j4 :904-922-53


Regulatory Issues Potential Recommendations for Further
Consensus Recommendations Discussion

Regulatory 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/1VMDs 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 iUST
coordinate reuse criteria and efforts. THE
GOVERNOR'S OFFICE SHOULD DIRECT THESE
AGENCIES TO DO SO THROUGH EXECUTIVE ORDER OR
OTHER APPROPRIATE MEANS.


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ECOSYSTEM MANAGEMENT Fax:904-922-53
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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 wher4
possible) to remove technical obstacles to the
development ofalternative sources.
Scientific peer review

C-31. There should be scientific peer review at the
front endfor research and development, andfor other
processes, e.g,. technical aspects ofplanning. 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
SJRW MD rules on long-term permits)


Jan 5 '97


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ECOSYSTEM MANAGEMENT


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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ECOSYSTEM MfNAGEMENT F~:904-922-53


KEYED TO THE DECEMBER 12 DRAFT
OF THE CORE COMMITTEE' S RECOMMENDATIONS

Water Supply Development and Funding Work Croup

Consensus Testing Results

The Core Group was asked to rate the acceptability of 23 draft
recommendations from the Development Committee at the December 18th
meeting using the following scale:

5 = Wholeheartedly support
4 Good, but could be better
3 = Neutral, there are pros and cons
2 = Serious concerns
1 = Opposed
0 = I don't have enough information to make a judgment


Recom- Funding Core Group
mendation 5 4 3 2 1 0

1 5 2 1 1 0 0
2 252101
3 430200
4 1 5 0 2 0 2
5 3 3 3 1 0

6 144200
7 342100
8 44 1 1 0 0
9 540001
10 3 5 1 1 0 0


D ev. Core Group
5 4 3 2 1

8 2 0 0 0
8 1 0 0 0
65100
6 4 1 0 0
7 3 2 0 0

5 4 2 0 0
5 4 2 0 0
5 4 1 0 1
5 7 0 0 0
8 2 2 0 0


4 6 1 0 00 11 1 0 0 0
5 6 0 0 0 0 10 1 0 0 0
7 3 0 1 0 9 2 1 0 0
6 2 0 2 0 1 3 3 4 1 0
5 4 0 0 0 0- 9 3 2 0 0


3 6 1 0 0 0
5 4 0 0 1 0
7 2 0 0 0 0

3 4 3 0 0 0
9 2 0 0 0 0
720000
343000
920000
441001
460000
640100


932000
9 3 2 0 0 0
8 4 0 0 0 0
9 2 1 0 0 0
8 3 1 0 0 0
831000
10 1 0 0 0 0

820000
6 5 0 0 .0
6 4 1 1 0 0


KEYED TO THE DECEMBER 12 DRAFT OF THEt CUMIO CUHrtITTEE'S ECOMMlQUDATIZO


Avg.

4.53
4.32
4.24
4.21
4.10

3.82
4.18
4.25
4.41
4.27
4.61
4.68
4.57
3.95
4.52

4.43
4.48
4.47
4.32
4.86

4.58
4.48
4.30


Jan 5 '97


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