FER 0 7 1996
Carlton Fields Tallahassee
1. Each WMD is responsible for preparing a "needs and sources"
plan for all potential supplies of water:
a) The plan would be adopted by rule. The Secretary of DEP
shall approve the plan and each eligible WSA within the WMD
district shall be a substantially effected party in the
approval process which shall include the right to appeal the
plan or any element thereof to the DEP. Once adopted, the
plan and technical data supporting the plan shall be made
available to the WSA (and each local government).
b) The plan would undergo a mandatory review every 5 years.
c) Any minimum flows and levels under the plan must be
established on a site specific basis for defined water bodies
within the defined vicinity of a well permitted to produce
5mgd or more.
d) Minimum flows and levels shall be establish by the WMD
upon scientific evidence consistent with a peer review. The
final decision of the WMD shall be appealable to the Secretary
of DEP by any eligible WSA if the decision of the WMD is
inconsistent with the peer review.
e) The CUP application of an eligible water supply authority
under the plan shall be presumed correct, and the burden shall
be on the WMD to show why the permit should not be approved.
(The WSA may also be eligible for a permit of extended
duration when there is assurance of future supply for
reasonable-benefical by nearby properties.)
f) Each eligible WSA operating within the WMD consistent with
the plan shall receive .25 mills of the WMD millage from
within the geopraphical boundaries of the Authority to carry
outs its functions.
2. Once a regional Water Supply Authority has been created and
complies with the established criteria, it shall be the exclusive,
wholesale provider of potable water for its members. The criteria
for eligible WSA shall include:
a) The WSA shall adopt a regional water supply plan that
shall be approved by the WMD. The plan adoption process would
be protected by a shield similar to that extended under Ch.
163, F.S. to the comp. plan process, the plan should be
reviewed every 5 years. Disputes concerning the plan between
the WSA and the WMD may be appealed to the Secretary of DEP.
b) The WSA shall have title to all new wells and distribution
pipes and shall be the operator of the regional facilities.
c) The WSA shall establish and maintain per capital water
consumption goals that shall be equal to, or better than the
average statewide per capital water consumption.
d) The plan of the WSA shall provide for up to 25% of water
for its members from alternative sources.
e) The WSA shall have standing to appeal any emergency order
of the WMD concerning the plan or its implementation to the
Secretary of DEP.
f) The WSA shall have standing to appeal minimum flows and
levels established by the WMD when the levels are not
consistent with the peer review.
f) The WSA authority shall have water transfer preferences
for transfers consistent with its water supply plan.