Minutes of the Southern Water Use Caution Area Workshop

Material Information

Minutes of the Southern Water Use Caution Area Workshop


Subjects / Keywords:
Water usage ( jstor )
Groundwater ( jstor )
Water resources ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


Minutes of the Southern Water Use Caution Area Workshop, June 24, 1994
General Note:
Box 10, Folder 14 ( SF-Water Use Caution Areas-SWFWMD - 1993-1994 ), Item 39
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

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Levin College of Law, University of Florida
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Governing Board
Southwest Florida Water Management District

Palmetto, Florida June 24, 1994

The Governing Board of the Southwest Florida Water Management District met in workshop
session at 9:15 a.m. on June 24, 1994, at the Manatee Convention and Civic Center, One Haben
Boulevard, Palmetto. The following persons were present:

Roy G. Harrell, Jr., Vice Chairman Peter Q. Hubbell, Executive Director
Joe L. Davis, Treasurer Mark D. Farrell, Assistant Exec. Director
Ramon F. Campo, Member David L. Moore, Deputy Exec. Dir.
John T. Hamner, Member Edward B. Helvenston, General Counsel
Rebecca M. Eger, Member
Mary J. Figg, Member

A list of others present is filed in the permanent files of the District.

Opening Remarks
Mr. Hubbell provided opening remarks welcoming the attendees. He noted that the purpose of
the workshop is to receive public comment on the proposed amendments to Water Use Permitting
rules including the Southern Water Use Caution Area (SWUCA) rules. He said a series of
meetings will be scheduled relative to rulemaking.

Review of Certain Portions of the Southern Water Use
Caution Area Proposed Rules:
Minimum Aquifer Level Restriction on New Quantities Mr. Weber said the new rule
would place a cap on the quantity of water that could be pumped from the aquifer. No
new quantities of water would be permitted out of the SWUCA until the actual level rises
above a minimum level that would be set.

Per Capita Use Restrictions Mr. Weber said the District is proposing a per capital daily
use requirement of 130 gallons of water per day (gpd) per person by the year 1999, and
110 gpd by the year 2004.

Water Conserving Rate Structures Three rate forms would be acceptable: (1) inclining
block which is based on increased payment for increased use; (2) seasonal with increased
rates during seasonal dry periods; and (3) uniform for utilities already at the conservation

Mr. Weber discussed the concept of water-conserving credits. The incentive is to use less water
in a good rain year which could then be used in a drought year, or under other circumstances
where additional water is needed, to be limited by the 2-in-10 drought year.

Public Comment
Mr. Roger Sims, attorney representing the Florida Phosphate Council, said he is concerned with
the scope of rules being proposed and asked that the Board consider expanding credit to industrial
users. Mr. Peter Owens, Hillsborough County Environmental Protection Committee, said that
the cone of influence should be determined by modeling based on a worst-case scenario and not
average rainfall. He said more stringent monitoring of wetlands should be included. Mr. C. G.


Minutes of the SWUCA We hop June 24, 1994
Governing Board Page 2

Fernald, Long Boat Key resident, expressed his concern over draw-down and salt water intrusion
in his area. Mr. Jeff Mathias, a Tampa resident, distributed a letter to the Board citing his
concerns and comments to the new rules. Mr. Dale Hardin, a water resources consultant, said
that SWUCA credits for reclaimed water should be split between the supplier and receiver. He
noted that the requirement to notice adjacent homeowners by mail is costly; other agencies only
require newspaper notification. (Ms. Figg entered the meeting at this time.) Mr. Hardin also
said that the criteria for looking at off-site impacts should be changed. Mr. Clark Reeder, L3
Partnership, said that the requirement to hook up to reuse water from the users' property
boundary to the actual reuse site would create a financial burden on users and could even put
some of them out of business. Staff will further research this requirement. Mr. Warren Hogg,
West Coast Regional Water Supply Authority, commented that well mitigation costs should be
distributed among all well users. He discussed the 40D-2 rule revision with regard to impacts to
legal existing withdrawals. Mr. Jono Miller, Sierra Club representative, stated that both metered
and non-metered water users should be required to reach the per capital standards. Mr. John
Zimmerman, Manatee County Public Works, said that standards should bi the same in all water
use caution areas. He suggested that credits should also be given for stormwater. Mr. Richard
Orsel, Transworld Water Solutions, said that California has solved some of its agricultural
problems by the use of a circular rather than lineal distribution of water. Ms. Carlyn Kowalsky,
Southern State Utilities, noted that inverted rates are being considered by the Public Service
Commission. Mr. Tom Reese, Manasota 88, stated that the per capital standard is not aggressive
enough, that the use of credits does not encourage saving water, and that the procedures used
to establish safe yield do not follow statute requirements to protect the resource. Mr. John
Quinlan, attorney for the agriculture business and banks, commented that the length of time to
transfer permits imposes a hardship on property transactions. He asked that staff consider partial
transferral without Board approval to accelerate the process. Ms. Becky Ayech, Environmental
Confederation of Southwest Florida, suggested a greater per capital reduction to 80 gpd instead
of 110. She said that cumulative analysis is not assessed, does not address quality and quantity
changes and that the proposed rule does not protect the flows of the Peace River or groundwater
levels in the Peace River Basin. Hardee County Commissioner Minor Bryant, stated that golf
courses should be required to save water and that discharge water should be returned to the
Manatee and Peace Rivers. Mr. Jeb Cofer, tomato farmer, wanted to know if he used less water,
would he be permitted for less at time of renewal. Staff said this is evaluated at time of
renewal on a casemby-case basis. Representative Julie McClure said that the reclaimed water bill
passed by the legislature does not mandate the use of reclaimed water by landowners and that
landowners are not required to put in pipelines at the reuse property boundary line. Staff will
further review the bill. Mr. Peter Schreuder, attorney representing DeSoto County, expressed a
concern that if reallocation was made to DeSoto County, it would ultimately-,create a stressed
situation in that County. He said that a percentage of reallocation should be required. Mr. Doug
Manson, attorney, said rules on competing uses needs to be more specific and that a preference
should be given to existing users rather than new users. He said that agricultural modeling
efficiency requirements are too complicated and that more realistic goals need to be set. Mr. Bob
Spencer, representing the Committee for Responsible Water Use, stated that a permit is a valuable
monetary addition to land and that agriculture is going to continue to grow along with the

Board Discussion
Mr. Harrell noted that many of the issues discussed during public comment will be addressed at
the June Governing Board meeting.

The workshop was adjourned at 12:03 p.m.