ATTORNEYS AT LAW
215 SOUTH MONROE STREET. SUITE 500 MAILING ADDRESS:
TALLAHASSEE. FLORIDA 32301-1866 POST OFFICE DRAWER 190
TEL (904) 224-1585 FAX (904) 222-0398 TALLAHASSEE. FL 32302-0190
October 29, 1996
TO: Wade Hopping
FROM: Jake Varn ,J
RE: Water Supply Issues
Attached are copies of the following responses:
1. Florida's Agricultural Coalition
2. Standard Sand & Silica Company
3. Florida Engineering Society
4. Florida Home Builders Association
5. Florida Association of Realtors
These are the only responses I have received to date.
CARLTON. FIELDS. WARD. EMMANUEL. SMITH & CUTLER. P.A.
FAMPA ORLAN D) PENSACOLA FAl LAI HASSLE WEST PALM IEACII ST. PtTERSBURG
Charles Littlejohn &
ENVIRONMENTAL AND GOVERNMENTAL AFFAIRS
Butch Calhoun f7
Agricultural Water Supplies
October 28, 1996
Attached please find statement on water supply drafted on behalf of members of Florida's
cc: Estus Whitfield
310 WisTr Col.It.GE AVENUE TAI.I.AIASSLE, FLORIDA 32301
(904) 222-7535 (904) 681-8796 FAX
Da,/ o "
Poas-lt Fax Note
To N___ _____ _f ____________
Co eptL Co.
pax v 0 99 R FU it
WATER SUPPLY POSITION STATEMENT
FLORIDA AGRICULTURAL COALITION
All Floridians are affected by how the State deals with water supply development, but
none are more impacted than those who work in the State's second largest industry agriculture.
Agriculture's major water concern is source security. Without available, high quality water,
agriculture cannot survive. In order to provide a stable environment for the State's economy, it is
important to provide some protection for existing legal water users while providing enough water
to meet the future needs of all our citizens. Over the short-term, source security can be enhanced
by strengthening existing legal user's rights to permit renewals and by the issuance of maximum
duration consumptive use permits.
Over the long-term however, agriculture's water concerns are inextricably tied to the
water needs of other users. If water becomes a scarce commodity agriculture stands ta lose
source security regardless of existing legal protections because of the political imbalance between
urban and rural users of water.
The Florida Agricultural Coalition is on record in support of a clear delineation of
responsibility for water supply. This includes the research, development, facilitation, promotion,
and permitting of water supply. The Coalition is also on record in seeking legislative clarification
that the primary responsibility of Florida water management districts is water supply and that the
districts be charged with an affirmative obligation to seek and find sources for the continued use
of water for all of Florida's water needs.
4101 N.W. 70TH AVE.
MIAMI, FLORIDA 33166
FAX (305) 593-9791
Standard Sand & Silica Company
POST OFFICE BOX 35 HWY. 17 & 92 NORTH
DAVENPORT, FLORIDA 33837
(941) 422-1171 (800) 475-7263
FAX (941) 422-8610
October 25, 1996
600 EAST 8TH ST.
JACKSONVILLE, FLORIDA 32206
FAX (904) 355-2022
Cariton Fields Tallahass6e
,.-. r' \/~m
Mr. Jake Varn
P.O. Drawer 190
Tallahassee, FL 32302-0190
Re: Water Supply Development
Dear Mr. Vain:
This letter was written in response to you memorandum to John Christensen, dated
October 18, 1996.
We are not aware of any serious water supply problems in Polk County. However, we are
concerned that exporting of water from our area to coastal counties could create water supply
problems for us in the future.
It is our understanding that the recent water-related problems in coastal areas, like Pinellas
and Hillsborough counties, should more accurately be referred to as "water economy
problems". They have not exhausted all of their water supplies, only the cheapest one:
groundwater. Alternative sources exist that are virtually untapped.
We feel very strongly that any area should be obliged to develop all of their local water
sources, including surface water, reuse of wastewater, desalination, and conservation, before
they are allowed to import water. It is reasonable to expect the cost of living and the cost of
water to increase in populous areas. It is also reasonable to expect the environmental quality
of an area to degrade as its population increases. It is not reasonable to require adjacent
areas with smaller populations to sacrifice their environmental integrity and future water
supplies so that residents of populous areas can save a few cents on their water bills.
PAI PRODUCTS FOR INDUSTRY
The well known economic principle of supply and demand applies equally well to water
supplies. If the price of water is allowed to fluctuate freely, then it will reflect local availability
and cost of production. Supply and demand will balance.
Please advise us of the work and meetings of the committee. My fax number is
Marc V. Hurst, PG
OCT 25 '96 1125AM CAWMP &JsER i MCKEE SRAlSOTf~
C O VER
s H E E T F:t
Camp Dreser &~McKe Inc.
S201 Montgoma eyAve.
\ Suarota, Floida 34243
a,4c" Yt/ Ph: (941) 351-7100, Fax (941) 355-5311
To: /-V' .n ~,T,, dO From ~na jO.e ef ,-
Subject:. e'"4y"g .< ,, "_ -
Pages: including thi covr sheet.
' -- i. 1r. .- -- 1 -l n- -
. P. 1/2
OCT 25 '96 11:25AM CAMP T SSSER & MCKEE SiARSOTA
C M Camp Drmser & McKee Inc-
To: Jake Vam, Car/ton Fields
Dennis Barton, FES
From: Richard Moore, FES CEQ Committee
Date: October 25, 1996
Subject: Water Supply Development
In response to your request, the following are two of the biggest issues impeding waer
supply development in the Florida Ouf Coast area:
1. Conouate discharge penmitdg from RO/mambrans treatment facilities i etrmnly
diffl ult, exp ve and lengthy. This has hinde d development of backh
groundwate source which an relatively low quality, and threfoie, desiable fom a
water resource management pspective. Classification of membrae con=entrate a
an industrial waste needs to chage.
72. Competing uses for surface wazer includes downsteam rdeeamse for maintaining
slinity, habitat, species, etc. The regulatory constraints need to fnd a reasonable
balance between the public wa~ r supply demands and the real issues of downstream
r' 'dU 1'.
FLORIDA HOME BUILDERS ASSOCIATION (FHBA) WATER SUPPLY POLICY
FOR THE 1996 LEGISLATIVE SESSION (Approved 2/26/96)
THE PRIME DIRECTIVE
With its abundant rainfall Florida has more than an adequate supply
of water to meet the demands of man and the natural systems. While
different areas of the state from time to time experience water
supply shortages, the provision of water is a matter of cost. The
Florida Legislature should create a public water supply program
designed to assure there is an adequate, affordable and consistent
supply of water for all present and future users in all parts of
Florida. This public water supply program, together with any
private water suppliers, should implement and provide necessary
water to accommodate growth projected in local comprehensive plans.
FHBA PUBLIC WATER SUPPLY POLICIES
1. There should be a locally/regionally based long range plan for
future public water supplies. This planning process should avoid
any unnecessary cumbersome bureaucratic review process, minimize
state involvement and oversight, rely on a system of citizen and
interested/affected person-entity involvement and enforcement and
enhance predictability in the issuance of permits.
2. While recognizing the viability and propriety of private water
supply providers and other water users, statutory changes should be
made to provide that local governments or, where created by local
governments, regional water supply authorities (RWSAs) have primary
responsibility for planning public water supply alternatives or
options and facilitating water supply development. Incentives
should be provided to encourage local governments to create RWSAs
to plan and develop regional water supplies. All local or regional
water supply plans should have common review dates established by
the appropriate water management district (WMD). A process for
mediating and resolving conflicts between plans shall be
established and the appropriate WMD shall be a necessary party.
3. There should be a recurring dedicated source of revenues for
use by local governments and RWSAs for planning and developing long
term public water supplies. For example, FHBA supports dedicating
a portion of the water management district (WMD) millage for water
supply capital facilities expenditures.
4. The long term public water supply plans should be developed
separate from the local government comprehensive plan process. In
the meantime, the legislature should amend chapter 163, F.S., so
that local governments will not be required to base a potable water
concurrency decision on water supply availability. After
completion and approval of WMD district water management plans and
local water supply plans, the legislature should determine whether
and how these plans should be integrated with the local government
5. WMDs' primary responsibility should be to remain a regulatory
body to protect and equitably allocate our water resources. WMDs
should provide water resources information and data to local
governments and RWSAs for use in water supply planning.
6. Chapter 373, F.S., should be amended to require that each WMD
prepare a District Water Management Plan (DWMP) containing water
supply resource information and data. Chapter 373 should clearly
set forth the requirements of the DWMP, including requiring the
adoption of those parts of the DWMP that impact third parties to be
adopted as a rule.
7. In permitting consumptive water use pursuant to chapter 373,
F.S., the chapter should be amended to consider and balance, as
part of the public interest criteria, the proximity of the proposed
source of water to the area in which it is to be used and other
economically and technically feasible alternatives to the proposed
source, including conservation, desalinization, reuse, stormwater
and aquifer storage and recovery. The policy of local sources
first should be encouraged and not mandated.
8. There should be economic and regulatory incentives to promote
economically and technically feasible alternatives such as
conservation, water reuse, desalinization and the use of surface
9. Where appropriate, public lands, such as parks, forests and
recreational areas, should be made available for multiple uses
including water supply.
10. The term of water use permits should be as long as possible,
but consistent with the amount of water available to use and the
11. FHBA supports the present authority in chapter 373, F.S., to
reallocate water in Florida based on the reasonable-beneficial use
standard and opposes any policies, proposals or concepts which will
weaken the standard.
12. Accountability of WMDs should be strengthened through enhanced
oversight by both the executive and legislative branch. In
particular, the Legislature should review and approve state water
OCT U 0 1996
Carlton Fields Tallahassee
FLORIDA ASSOCIATION OF REALTORS'
PO. Box 1853
TO: Jake Varn Tallahassee. FL 32302-1853
FROM: Howard E. Adams 200 South Monroe Street
Vice President of Gv mental Affairs Tallahassee, FL 32301-1872
DATE: October 23, 1996 E-Mail: FAROFL.RealtorUSA.com
RE: Water Supply Development
********** ********************* **t<** ***n***ag ge
Please find attached to this memorandum a draft copy of policies that the
Florida Association of REALTORS Water Policy Task Force has reviewed
on a preliminary basis. This policy is similar to that of the Florida Home
Builders Association and also some combined elements from the Florida
Farm Bureau and Agricultural Coalitions. While this policy has not yet
been finalized and adopted, I anticipate that the Florida Association of
REALTORS will adopt this in substantially this form at its January
Please utilize this draft policy to help guide you in the Water Supply
Development Committee to which you have been appointed. As you are
aware, I have also been appointed to the Funding Committee along with
Keith Hetrick of the Florida Home Builders Association. I look forward to
working with you on this committee as well.
Please let me know if I can furnish further information or be of any
assistance with your committee work.
PO. Box 8058
317 Wekiva Springs Road, Suite 200
Cathleen F. Smith
11924 Forest Hill Blvd.. 18
West Palm Beach 33414
Margaret C. Turney
3 3 Anchorage Drive
North Palm Beach 33408
EXECUTIVE VICE PRESIDENT
Gerald W. Matthews, CAE
PO. Box 725025
Florida Association of REALTORS
Water Supply Policy
Florida is a peninsula and is surrounded by non-potable salt water on three sides. Florida
is largely dependent on rainfall for fresh potable water replenishment. Weather
irregularities and the randomness of the weather cause different areas of the state from
time to time, to experience water supply shortages. The provision of potable water to
both supply the people and to maintain the natural systems of Florida is increasingly a
matter of cost and redistribution of potable water supplies. The Florida Legislature should
create, through public policy, a public water supply program which will assure that there is
an adequate, affordable and consistent supply of water for present and future users. This
public water supply program should provide necessary potable water to accommodate the
growth expected in Florida and continue to supply current users with ample supplies for
their needs. This program and planning for adequate potable water supplies by the State
of Florida should incorporate planning guidelines for the preservation of the natural
environment. Florida's natural environment contains water and it is this natural
environment which attracts population to the state, both for its beauty and for recreational
purposes. Accordingly, the Florida Association of REALTORS espouses the following
policies regarding water supply and believes the government of Florida should carefully
consider these policies in developing its water supply policies and programs for the future.
FAR Public Water Supply Policies
1. There should be a local or regionally based long-range plan for future public water
supplies. This planning process should avoid bureaucratic review processes, minimize
state involvement and rely on a system of citizen and affected person involvement and
enforcement. In conjunction with this, the Florida Legislature should state that the
primary mission of water districts is regional water supply planning and development in
order to meet the needs of Florida's citizens, business, agriculture and the natural
2. While recognizing the viability and propriety of private water suppliers and other
water users, local governments or where jointly created by local governments, regional
water supply authorities should have primary responsibility for planning public water
supply. Incentives should be provided to encourage local governments to create regional
water supply authorities to plan and develop regional water supplies. All local or regional
water supply plans should have common review dates established by the appropriate water
management district. A process for mediating conflicts between plans who may use
common water sources should be established and the appropriate water management
districts should participate as parties in that dispute resolution. Water management
districts should also continue to retain responsibility for flood protection and the
management and storage of surface water at the district level.
3. There should be a recurring dedicated source of revenues for use by local
governments and regional water supply authorities for planning and developing long term
water supplies and water supply facilities. It is suggested that a portion of the water
management district millage rate be dedicated to the development of long term capital
facilities for water supply.
4. The long term public water supply plans should be developed separately from the
local government comprehensive planning process. Local governments should not be
required to base potable water concurrency decisions on water supply availability. Water
management districts should remain a regulatory body to protect and to allocate water
resources. Water management districts should provide water resource information and
data to local governments and to regional water supply authorities for use in water supply
5. Chapter 373, Fla. Statutes, should be amended to require that each water
management district prepare a District Water Management Plan (DWMP) containing
water supply resource information and data. Chapter 373 should clearly set for the
requirements of the DWMP, including requiring the adoption of those parts of the DWMP
that impact third parties to be adopted as a rule.
6. With regard to consumptive water use permitting, the duration of a water use permit
should be as long as is feasibly possible consistent with the amount of water available and
current demands. Water management districts should adopt a standard of twenty years of
consumptive use permit duration, unless to do so would cause irreparable harm to water
resources, or is otherwise inconsistent with demand. In permitting consumptive water
uses, Florida law should be amended to balance, as part of the public interest test, the
proximity of the proposed source of water in the area in which it is used and other
economic and technical alternatives to the proposed source. This includes conservation,
desalinization, reuse, stormwater or aquifer storage and recovery measures. The policy of
local sources should be strongly encouraged.
7. Water management districts and regional water supply authorities should develop
economic and regulatory incentives to promote alternatives such as conservation, water
reuse, desalinization, alternative storage methodology, and innovative uses of surface
8. Where appropriate, public lands should be made available for multiple uses including
water supply. Parks, forests and recreational areas can supply water and can be used in
this way compatible with other recreational uses. In addition, the Florida Legislature
should review on a regular basis the continued land acquisitions by water management
districts. Land acquisitions should be screened to insure a balance between the multiple
missions of water supply, water management and flood protection. Proper funding should
be provided for the management of purchased lands.
9. Concurrent with other organizations, the Florida Association of Realtors supports
present statutory authority which allows reallocation of water in Florida based on the
reasonable-beneficial use standard. The Florida Association of Realtors opposes any
policies, proposals or concepts which would weaken this standard and would recommend
strengthening existing user rights to permit renewals.
10. Water management districts as a sub-division of government should be made more
accountable through enhanced oversight by both the executive and legislative branch of
government. The Legislature should review and approve state water policy, water
management district budgets and review capitol improvement projects for funding. The
Legislature should also establish appropriate sub-committees or committees in the House
and Senate to annually review programs and budgets of the water management districts.
The Legislature should also continue to review the rulemaking authority of the water
management districts and take appropriate action where such rulemaking authority may
exceed the primary mission of the districts.
11. The Legislature should review and approve state water policy and all future
amendments should be ratified by the Legislature before taking effect.
12. Water management district governing boards should be provided with governing
board members who have experience in water management issues and who can gain
experience in order to serve the public. Gubernatorial appointments with Senate
confirmation to water management district boards should be maintained with terms of
appointments staggered to provide that the terms of no more than three members expire in
any given year. The Governor should also strive to appoint board members with
experience and the current limitation of two terms should be discontinued in order to
encourage those with experience to continue to serve the public.
ATTORNEYS AT LAW
215 SOUTH MONROE STREET, SUITE 500
TALLAHASSEE, FLORIDA 32301-1866
TEL (904) 224-1585 FAX (904) 222-0398
POST OFFICE DRAWER 190
TALLAHASSEE, FL 32302-0190
October 29, 1996
TELECOPIER TEL. NO.:
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TAMPA ORLANDO PENSACOLA TALLAHASSEE WEST PALM BEACH ST. PETERSBURO
.. .......... ........................................................ TRANSMISSION RESULT REPORT ......... ...... (OCT 29 '96 12:27PM).................
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