Jan. 9. 1997 6:08PM
PAVESE, GARNER, HAVERFIELD, DALTON, HARRISON & JENSEN
ATTORNEYS AND COUNSELORS AT LAW
1sl3 HENDRY STREET SUITE 20
POST oFFICE DRAWER 1607 45~ GUN CLUB ROAD
FORT MYERS, FLORIDA a3902-1607 WEST PALM BEACH. FLORIDA 33416
(d1) 334-2196 1661) 471-188
FAX (011) 332-224, FAX (501) 477-0522
IRENE KENNEDY QUINCEY
WEST PALM BCACH OFFICE
TO: Bill Hunter, 904/222-5098
Steve Walker, 561/640-8202
Chuck Littlejohn, 904/681-8796
Wade Hopping, 904/224-8551
Frank Matthews, 904/224-8551
Kathy Fry, 813/274-7435
Jake Varn, 904/222-0398
Gene Adams, 904/224-0702
Keith Hetrick, 9904/224-1359
Steve Lamb, 561/689-1026
Doug Mann, 904/681-8796
Mike Opolinski, 813/264-7906
FROM: Irene Kennedy Quincey
DATE: January 9, 1997
SUBJECT: Proposed Implementation legislation
Attached is the redraft of the Needs and Sources analysis and the
Regional Water Resource Implementation Program based upon your meeting of
Tuesday. I apologize that I could not make the meeting. Sally Mann and Steve Lamb
have provided significant suggestions to assist with the format of this document. There
are still areas to be reviewed based upon the minimum flows and levels discussions
scheduled for next week. I hope to see you there.
No. 5722 P. 1/11
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1 373.037 Needs and Sources Analysis.--
3 (1) By July 1, 1997, each water management district shall delineate within its
4 jurisdictional boundaries one or more water resource implementation program areas
5 which together encompass all lands subject to the water management district's
8 (2) By July 1, 1999, each water management district shall complete and adopt an
9 analysis of water needs and sources for each water resource implementation area,
10 except that the South West Florida Water Management District shall complete and
11 adopt its needs and sources analysis for the area described in section 373.042(2) by
12 October 1, 1997. Each analysis shall include a water resource evaluation that
13 quantifies and describes the water needs for both humans and natural systems within
14 the designated area.
16 (3) The water resource evaluation of the water needs of the natural systems shall
19 (a) A technical evaluation of functions and values of the existing natural
20 system components, including a verification of water needs based on
21 seasonal fluctuations;
23 (b) A determination of the minimum flows and levels for the existing natural
24 systems, not including isolated wetlands, in accordance with 373.042;
27 (c) A determination of the restoration needs for the area's natural systems,
28 if any. If necessary, a determination of the functions and values for the
Jan. 9. 197 6:08PM No. 572 P. 3/11
1 proposed restoration. Based upon the proposed restoration functions
2 and values, a determination the water needs for the proposed restored
3 natural environment.
5 (4) The water resource evaluation of the water needs for humans shall include;
7 (a) The existing and projected needs of all human users based on 20- year
8 planning horizons and using best available information. The term "all
9 human users" shall include, but not be limited to: individual domestic
10 use, public water supply, agriculture, commerce, industry, power
11 generation, recreation and other classes that may be developed by the
12 water management district in cooperation with representatives from these
13 user groups; and
15 (b) The level of certainty associated with meeting the water needs of existing and
16 projected human users shall be a 1-in-10 year drought event.
18 (5) The water management district's shall complete an analysis of existing water
19 sources which shall:
21 (a) Be based on an evaluation of all best available data in the region;
23 (b) Identify and propose methods for ascertaining any essential resource
24 information that may not be available; and
26 (c) Identify any water supply-related resource limitations; such as salt water
27 intrusion; upcoming of connate water; aquifer mining, and water quality
Jan. 9. 1997 6:09PM
1 (6) The water management district shall complete the needs and sources analysis and
2 shall determine whether the existing and projected needs for humans and natural systems
3 exceed existing water sources in the designated area. Each analysis shall be adopted
4 by the governing board as an order subject to review under Chapter 120.
6 (7) If a needs and source analysis indicates that needs exceeds sources in a
7 designated area, the water management district shall proceed with development and
8 implementation of:
10 (a) A regional water resource implementation program for the designated area in
11 accordance with the provisions of 373.038, F.S.; and
13 (b) Interim measures and remedial actions to protect the legally existing water
14 users, which shall be based on a balancing of:
16 1. Existing permitted or otherwise legal uses, which uses affect the
17 aquifer or surface water body.
19 2. Existing land uses which cannot reasonably be altered.
21 3, Future water needs reasonably expected to occur in the regional
22 water supply planning horizon in the region, to the extent
23 consistent with recovery of the established minimum flow or level.
25 4. Protection of water resources, including maintenance of
26 freshwater storage and supply and maintenance of the designated
27 uses of the aquifer, water body or watercourse.
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Jan. 9. 1997 6:09PM
1 5. Flood protection needs.
3 6. Water quality factors, including filtration and absorption of
4 nutrients and other pollutants, sediment loads, and other water
5 quality considerations.
7 7. Functions and values of natural systems associated with coastal,
8 estuarine, aquatic, and wetlands, resources, including fish and
9 wildlife habitats and the passage of fish, estuarine resources, and
10 the transfer of detrital material.
12 8. Natural seasonal and long-term fluctuations in water flows and
15 9. Other uses made of the water body, including recreation in and on
16 the water, aesthetic and scenic attributes, navigation, and other
17 non-permitted legal uses of the water source.
19 10. Benefits and harm that will result from the interim measures or
20 remedial actions.
22 (8) If the needs and source analysis reflects that needs do not exceed sources in a
23 designated area, the water management district is authorized to:
25 (a) Adopt minimum flows and levels in accordance with s. 373.042;
27 (b) Adopt reservations of water in accordance with s. 373.223(3);
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Jan. 9. 1997 6:09PM
1 (c) Provide funding to public water utilities under s. 373.1961(2);
3 (d) Provide funding to water users for the development of water resources; and
5 (e) Designate certain sources for specific uses which, because of the nature
6 of the activity or the amount of water required, would result in an enhancement or
7 improvement of the water resources of the area, Such uses shall be preferred over other
8 uses in the event of competing applications under the permitting systems authorized by
9 this chapter.
11 (9) Each needs and sources analysis must be reviewed and updated by the
12 responsible water management district once every 10 years.
14 (10) Following the adoption of a needs and sources analysis that indicates that a
15 particular source is available during a 1 in 10 year drought, a consumptive use permit
16 applicant need not provide additional information to the water management district
17 regarding the availability of the source under 373,229 or any water management
18 district administrative rule or policy.
No. 57i2 P. 6/11
Jan. 9. 1997 6:09PM No. 5722 P. 7/11
1 373.038 Regional Water Resource Implementation Program.-
3 (1) Water management districts shall undertake a program to implement water
4 resource development. This program shall be developed in coordination with public water
5 utilities, other user groups, the department and other affected and interested persons.
7 (2) The purpose of each regional water resource implementation program shall be to
8 provide for water resource development at a regional level to meet the water needs of all
9 water users, and the natural systems and groups to provide adequate, safe, and
10 dependable supplies of water consistent with the provisions of this Chapter by:
12 (a) Identification of safe, affordable, and dependable sources of water for use by
13 all water users and the natural systems;
15 (b) Identification of water resource development alternatives including capital
16 improvements or facilities incentive programs; and
18 (c) Identification of reliable sources of district funding to implement the regional
19 water resource implementation programs.
21 (3) The water management districts shall develop water resource development
22 solutions by:
24 (a) Identification of surface and ground water resources suitable for water
25 resource development within each water resource implementation program areas based
26 upon the needs and sources developed under section 373.037;
I. 127 6:10PM No, 722 P. 8/11
1 (b) Identification of alternative regional water resources within each program
2 area including, but not limited to reuse of reclaimed water, desalination, aquifer storage
3 and recovery, surface water storage, and recapturing water which is released to tide; and
5 (c) Identification of water resource development solutions. If existing regulatory
6 programs create barriers to implementation of solutions, those barriers shall be identified
7 and corrected or identified to the appropriate agency or the legislature.
9 (4) The governing board shall select an alternative or alternatives which shall become
10 the adopted water resource development program. The selected alternative or alternatives
11 must include an:
13 (a) Estimation of water users needs for the 20 year horizon for all water use
14 classes including natural systems, public supply, agriculture, commercial or industrial,
15 power generation, recreation and other classes which may be established by the water
16 management district or the department;
18 (b) Description of the future sources of water for all needs by users class,
19 including natural systems;
21 (c) Description of the capital facilities necessary to implement the regional water
22 resource implementation program initiative including any necessary lands or property
25 (d) Estimation of the funding to implement the regional water resource
26 implementation program, including a defensible cash flow analysis identifying funding to
27 implement the land acquisition, construction and operation of capital facilities or alternative
9. 1997 6:10PM No. 5722 P. 9/11
1 sources if identified and funding to implement the non-capital components of the initiative;
3 (e) Description of any cost-shared agreements if anticipated;
5 (f) Identification of incentive programs;
7 (g) Identification of the proposed minimum flows and levels;
9 (h) Identification of any reservation of water from use by permit applicants for the
10 protection of fish and wildlife or public health and safety as provided in s. 373.23(3);
12 (i) Identification of any use prohibitions, restrictions or designations for water
13 bodies or sources within the regional areas; and
15 (j) An assessment of the preliminary costs and benefits for each proposed water
16 resource development solution and identification of the proposed funding sources. The
17 assessment of costs and funding source shall be based on whether the solution is for
18 restoration of the natural systems, future water supply for people, water supply to meet
19 minimum flows and levels of existing systems or water supply to meet existing human
22 (5) All scientific or technical data, methodologies, and models, including all assumptions
23 employed in the model, utilized to establish an alternative shall be subject to independent
24 scientific peer review and technical validation.
26 (6) Upon adoption, the regional water resource implementation program shall be
27 subject to review as an order under s. 120.59.
Jan, 9, 1997 6:10PM
1 (7) Within 90 days of a final order, the water management districts are authorized to:
3 (a) Initiate rulemaking pursuant to ch.120 to adopt necessary minimum flows
4 and levels described in s. 373.041;
6 (b) Initiate rulemaking pursuant to ch. 120 to adopt necessary rules to implement
7 the regional water resource implementation program, except that the water management
8 districts cannot reduce the 1 in 10 level of certainty.
10 (c) Initiate rulemaking to adopt reservation of water in accordance with
11 section 373.223(3); or
13 (d) Designate certain sources for specific uses which, because of the nature of
14 the activity or the amount of water required, would result in an enhancement or
15 improvement of the water resources of the area. Such uses shall be preferred over other
16 uses in the event of competing applications under the permitting systems authorized by
17 this chapter.
19 (8) As part of the next fiscal years's budget development and each year thereafter as
20 appropriate, the water management district shall include funding proposals sufficient to
21 implement the identified water management districts share of the program including
22 providing assistance to funding to public water utilities under section 373.1961(2) and
23. providing funding, assistance or matching funds to water users to develop sources, and to
24 otherwise provide funding to implement the water resource implementation program.
26 (9) Within 90 days, the department will initiate rulemaking pursuant to chapter 120 to
27 adopt necessary rules to remove any identified and agreed upon regulatory barriers.
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an, 9. 1997 6:10PM No. 5722 P. 11/11
1 (10) The water management districts shall be mitigate the adverse impacts to legally
2 existing users caused by the adoption or implementation of the district water supply
3 program by funding the development of alternative water supply sources.
5 (11) The water management district shall publish notice of the adopted regional water
6 resource implementation program in the Florida Administrative Code and make copies of
7 the regional water resource implementation program available at its headquarters and
8 regional offices at no charge to the public.