FAX:4076876276


ID:SFWMD OFFICE OF COUNSEL


01/27 '97 16:


A e,, %


FACSIMILE COVER SHEET

Fax Number for SFWMD Office of Counsel
(561) 687-6276

Suncom Subscribers Dial Suncom: 229-6276


January 27, 1997


Number Called:
Pages to Transmit
Including this form:


(904) 222-0398

6


DELIVER TO:



FROM:


SUBJECT:


Jake Vam, Chair



Ceclle Ross



Comments on Water Supply Development and Funding
Committee


MESSAGE:






For confirmation, questions or problems, call (561) 687-6299 or (561) 687-6273.


Govening Bfoard
Valerie lloyd, Chairman
Frank Williamson, Jr., Vice Chairman
William E. Graham


Williami Hammond
cetry Krant
Richard A. Machek


Eugene K. Pcttis
Nathaniel P. Reed
Miriam Singer


Samuel E. Poole ITT, Executive Director
Michael Stayron, Deputy Exccutive Director


Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680


DATE:

TIME:


PAGE 1


45


SSouth Florida Water Management District
3301 Gun Club Road, West Palm Beach, Florida 33406 (561) 686-8800 FLWATS 1-800-432-2045

PLEASE DELIVER A.S.A.P.





01/27 '97 16:45


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ID:SFWID OFFICE OF COUNSEL FAX:4076876276


jSouth Florida Water Management District

3301 Gun Club Road, West Palm Beach, 'lorida 33406 (561) 686-8800 FLWATS 1800-432-204


January 27, 1997


Jake Varn, Chair
Carlton Fields
Post Office Drawer 190
Tallahassee, FL 32302

David Guest, Co-Chairperson
Sierra Club Legal Defense Fund
I11 S. Martin Luther King Blvd.
Tallahassee, FL 32301


RE: Comments on Water Supply Development and Funding Committee

Dear Jake and David:

I am providing the following comments on the draft recommendations of the Water Supply
Development Core Group, in an effort to ultimately have a consensus work product.
Although time for finalizing these recommendations is very near, I feel that there are some
fundamental issues that we still need to iron out as a full committee. I hope that the
following helps to frame some of our discussions at the upcoming meeting. I would be happy
to provide assistance in drafting language to resolve these concerns.

State and Regional Planning
C-1 C-4

Although the need for state level planning is supported in the recommendations, they lack
explicit direction on the role of the state versus the regional plans. The state should provide
general policy guidelines for water resource and water supply development. These guidelines
should be flexible and general enough to account for or allow for the regional differences in
regional water supply plans.

Water Resources Development and Water Supply Development Definitions
D-6

These terms have been largely defined without a full discussion of the manner in which they
will be applied, either in legislation or state policy. Although the recommendations
generally assign responsibilities to either water management districts or water suppliers, they
do not define the context under which they will otherwise be used or implemented.


Govrning Boar"
Valerie Boyd, Chairman
Frank Williamson, Jr., Vice Chairman
William E. Graham


William I Inamond
Bcrty Krant
Richard A. Machek


Eugene K. Pettis
Nathaniel P. Reed
Miriam Singer


Samuel F. Poole III, Executive Director
Michael Slayton, deputyy Ejxcutive Director


Mailing Addrcss; P.O. Box 24680, West Palm Beach, FL 33416-4680





01/27 '97 16:46


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ID:SFWMD OFFICE OF COUNSEL FAX:4076876276


Jake Varn and David Guest
January 27, 1997
Page 2

It appears, from work product of the Funding Subcommittee, that these terms may ultimately
be used to limit the funding responsibilities of water suppliers to those activities which are
undertaken for purposes of water supply production. Both the costs of projects which are
directly planned and constructed for water supply and the cost of projects that are designed to
resolve competing water demands and protect water resources, deserve clear identification of
funding sources.

These definitions do not take this broad view of the link between water development and
water supply into account. For example, most of the projects the SFWMD has proposed to
construct and implement in the Lower East Coast will either directly or indirectly benefit
"water suppliers", although most would be categorized as water resource development
projects under the existing definitions. Does this mean that the water management districts
must utilize regional funds only to carry out such projects, unless local suppliers volunteer
their dollars? If this is the case, due to the lack of state legislative support for water
management district increased taxes and funding mechanisms, water resource development
projects will be severely limited, and so will water supplies. Water management districts
should have the flexibility and leverage to receive a portion of the funding from the local
water suppliers that are benefiting from water resource development projects. The definitions,
as drafted, provide a presumption against this.

Simply put, the impact of these definitions will be determined by how they are used.
These definitions cannot be considered apart from funding.

General Functions of RWSPs
D-7

Although the requirement that regional water supply plans be "environmentally, technically,
and economically feasible" may on its face seem reasonable, this phraseology may raise more
questions and concerns than it answers. Environmental, technical, and economic feasibility is
in the "eye of the beholder." For instance, this feasibility standard has existed in the water
reuse statutes for many years, and still has not been consistently defined or applied by the
state agencies or water management districts. Each utility has its own cost structure and,
therefore, this kind of feasibility analysis is extremely difficult to implement. If we are
proposing that this standard limit the use of water supply plans, we must also fully and
explicitly provide a definition and specific guidance in the law as to how it is to be applied.





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ID:SFWMD OFFICE OF COUNSEL FAX:4076876276


Jake Varn and David Guest
January 27, 1997
Page 3

Implementation through Rules and Orders
C.10 C-ll

The use of "orders," in addition to "rules," to implement regional water supply plans should
be recognized. There will be instances when issuance of orders by governing boards, instead
of rulemaking, will be the most efficient way to implement a portion of a regional water
supply plan. For example, project operational activities can be guided by governing board
orders. Like rules, orders still provide an opportunity for administrative review by
substantially affected persons.

Consumptive Use Permit Duration
(C-32)

We agree conceptually that long term permits are an appropriate goal, given the capitalization
needs of users. At the same time, however, in order to issue long term permits, long term
water supply plans must be complete and implementable. Also, it is essential that long term
consumptive use permits contain conditions requiring interim reporting to ensure that a use
will continue to be consistent with resource protection rules. In this context, the ability of
the water management districts to modify a consumptive use permit, if it is found to be
detrimental to the water resources, should be explicitly recognized.

General Funding Issues

As a general statement, I think it is important to recognize that we cannot complete our
review of water supply planning needs and associated agency/private entity responsibilities for
implementation, until we are able to identify dedicated funding sources. Without knowing the
amount and origin of funding, it is difficult to contemplate the level of agency
implementation for designated responsibilities.

Please call if you have any questions, and I look forward to seeing you on Friday.

Sincerely.



Mike Slayton
Deputy Director, SFWMD

o: Water Supply Development Core Group





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ID:SFWMD OFEJCE OF COUNSEL FAX:4076876276


Jake Varn and David Guest
January 27, 1997
Page 4


Butch Calhoun
Florida Fruit & Vegetable Association
2700 Blair Stone Road, Suite C
Tallahassee, FL 32301

Chuck Littlejohn
Florida Chamber, FES
310 West College Avenue
Tallahassee, FL 32301

Oel Wingo
Post Office Box 1270
Ocala, FL 34478-1270


John McCue
Post Office Box 1263
Crawfordville, FL 32326


Janet Llewellyn
Dept. of Environmental Protection
3900 Commonwealth Blvd., Mail Stop 46
Tallahassee, FL 32399-3000

Chuck Aller
Director of Agricultural Water Policy
Dept. of Agriculture & Consumer Services
The Capitol LL29
Tallahassee, FL 32399-0810

Gene Adams
Florida Association of Realtors
Post Office Box 1853
Tallahassee, FL 32302-1853


Wade Hopping
Hopping, Green, Sams & Smith
123 South Calhoun Street
Tallahassee, FL 32301

Eva Armstrong
Florida Audubon Society
102 E. Fourth Avenue
Tallahassee, FL 32303

Bram Canter
WCRWSA
Post Office Box 10095
Tallahassee, FL 32302

Fred Rapach
Palm Beach County Water Mgt. District
206 Prairie Road
West Palm Beach, FL 33405

Charles Pattison
Dept, of Community Affairs
2555 Shumard Oak Blvd.
Tallabassee, FL 32399-2100

Keith Hetrick
Florida Home Builders Association
201 East Park Avenue
Tallahassee, FL 32301


Mercer Fearington (Co-Chair)
Post Office Box 1548
Tallahassee, FL 32302





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ID:SFWMD OFFICE OF COUNSEL FPAX:4076876276.


Jake Varn and David Guest
January 27, 1997
Page 5


Philip Parsons (Co-Chair)
310 West College Avenue
Tallahassee, FL 32301


Casey Gluckman
Gluckman & Gluckman
541 Old Magnolia Road
Crawfordville, FL 32327



Steve Walker
Lewis, Longman & Walker, P.A.
2000 Palm Beach Lakes Blvd., Suite 900
West Palm Beach, FL 33409

Roy A. Reynolds. Director
Broward County Water Management
2555 West Copans Road
Pompano Beach, FL 33069

Pam McVety
Dept. of Environmental Protection
3900 Commonwealth Blvd.
Tallahassee. FL 32399


Debbie Drake
The Nature Conservancy
625 North Adams Street
Tallahassee. FL 32301

E.D, "Sonny" Vergara (Co-Chair)
Executive Director
Peace River/Manasota Regional
Water Supply Authority
1451 Dam Road
Bradenton, FL 34202

Jane Hayman
Florida League of Cities
201 West Park Avenue
Tallahassee, FL 32301

Bill Segal, Chairman (Attn: Linda)
SJRWMD Governing Board
Post Office Box 1429
Palatka, FL 32178-1429

John Williams
Public Service Commission
2540 Shumard Oak Blvd.
Tallahassee, FL 32399-0873