Water Supply Development and Funding Work Group-Recommendations for the Water Supply Development Committee, January 31, 1997, Draft

Material Information

Water Supply Development and Funding Work Group-Recommendations for the Water Supply Development Committee, January 31, 1997, Draft


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


Jake Varn Collection - Water Supply Development and Funding Work Group-Recommendations for the Water Supply Development Committee, January 31, 1997, Draft (JDV Box 39)
General Note:
Box 29, Folder 4 ( Water Supply Issues Group (File 2 of 3) - 1996 ), Item 5
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

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Source Institution:
Levin College of Law, University of Florida
Holding Location:
Levin College of Law, University of Florida
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All applicable rights reserved by the source institution and holding location.


This item has the following downloads:

Full Text

Water Supply Development Committeei
Water Supply Funding Committee

Jake Varn and David Guest I
Sonny Vergara and Phil Parsons

January 31 Meeting

January 24, 1997

A .

As you know, the next meeting of the full work group i:
in room 171 of the Betty Easley Conference Center. Wi
delivered. You should have already received a tentative
center. We will meet in committees to review ourireco
comments from the full group.

Please review the attached materials and prepare specific
the recommendations more acceptable to all parties. T
group report for your review and comment. If you, hac
please call Terry Pride at (904) 488-0784 or Paula Alen
interest and participation.

cc: Estus Whitfield
Dan Stengle
Terry Pride
Paula Allen

on Friday, January 31, from 9:00 to 3:00
will again arrange to have lunch
agenda and a map to the conference
nmendations after having received

amendments that you believe will make
re is also a draft outline for the full
questions or need further materials,
at (904) 488-5551. Thank you for your





Jan 24 '97

8:02 P. 01/15



Recommendations of the Water Supply Development Committee

January 31,1997,;

Suggested Implementation:

V-Nongovernmental, voluntary


The State Role

1. There is a need for simplification ofthe:water'
Legislature should update Chapter 373,; F.S., ,
level (rather than two). (L)

FOR DISCUSSON: Revise section 373.036'

I. Florida Water Plan-the state-evel
goals, strategies, actions steps, etc., in
contain both DEP and WMD strategies
formation. Also includes:
a. Water resources rule (change i
b. State water quality standards I
c. Report on the status of water sil

II. District Water Management Pa
of responsibility. Would include:
a. needs and sources assessments,
b. established MFLs
c. RWSPs

2. There should be more focus on water supply
development in state-level planning than curre
Adequate guidance. Specifically, water supply:d
development should be addressed more adequate
the State Water Policy (SWP) rule. (A)

1 :


inning process. At a minimum, the
provide for one water plan at the state

provide for

plan, with statewide and regional
four areas of responsibility. Would
DWMPs would play a big role in its

from state water policy)

ply planning

tailed regional plans for the.four areas

id other technical data,

dlopment and water resource
y exists; not hands-on involvement, but
velopment and water resource
ty in the Florida Water Plan (FWP) and

Jan 24 '97

8:02 P.02/15


-177.7 Wa Ju MMenM

FINDING: Lack of regional planning for water supply development and water resource
development is not the primary problem, lack ofplan implementation is the primary
problem. i

FOR DISCUSSION: The WMDs should con t regional water supply pkaning in an
open public process, in coordination and coo nation with local governments, private
suppliers, self suppliers, and other affected and interestedparties. (L or A)

5. With allowance for regional variations, there sh
format among the water management districts n
plans and needs and sources assessments. To c
WMDs should use a conventions committee pr;
Water Plan and District Water Management P ai
authority, should also oversee this process, with
Executive Order 96-297; this process is being

6. "Water resource development" and "water supply
from each other and defined as follows (L):

"Water resource development" means the foi
water resource management strategies, include
water and groundwater data; the development o
programs; and the construction, operation, and'
facilities to provide for flood control, surface
groundwater recharge augmentation.

"Water supply development" means the plar
maintenance of public or private facilities for pr


(1) Water resource development should supi
be conducted in a manner to help ensure
of all existing and projected reasonable-b

(2) Water resource development should be,
private and public water users and water
(3) Water resource development should be bI
whenever practicable.

(4) Water supply development should, be: c
regional water supply planning and watr


ld be some consistency in process and
developing their regional water supply
ieve this where practicable, DEP and the
s, similar to that used for the Florida
DEP, through its general supervisory
dance from the Governor's office (See
ated by DEP). (A)

development" should be distinguished

nation and implementation of regional
the collection and evaluation of surface
regional water resource implementation
intenance of major public works
underground water storage, and

ng, design, construction, operation, and
hiding water for sale, resale or end use.

ort water supply development and should
he sustainability of water resources and
neficial uses of water.

inducted in supportive interaction with

used on aquifers and watershed basins,

ucted in coordination with WMD
resource development.

Jan 24 '97

8:02 r>. 3/15


7. The function of RWSPs should be (L):

a. To identify a menu of options for water supply development from which to

To identify water resource development

To provide action-oriented steps, with:

d. To guide funding of water resource deve

8. The RWSP should identify means of implement
includes who will implement various projects, h
implementation schedules, and sources of fndin

9. Needs of self suppliers, including, projected ifuo
should be made clear that it is a role of the WM

10. The WMDs should adopt portions ofRWSPs by
to implement the plan, to the extent of the WMi
not confer authority but would reflect strategies i
authorities. (L)

11. There should be a linkage between regional wa
For instance, a proposed consumptive use wou
inconsistent) with the rule-adopted portions of.

T entl -.nvrnmnmnt ~nmnr'hnnive Plans (LGCPsV!

12. The LGCP water supply element (general saniti
water, and natural groundwater aquifer recharge
water, based on the relevant RWSP or other bei

13. Local governments should be encouraged to use
relevant RWSP. (A, by DCA rule))

14. DEP, the WMDs, DCA, local governments. and
and provide early technical asistance-and nam
that local comprehensive plans and local go ve
needs and sources assessments and regional wat,


ability but as much surety as possible for

pmcnt projects.

g nonregulatory parts of plans. This
w they will be implemented,

uses, should be addressed in RWSPs. It
s to do this. (L)

rule or develop or amend rules if needed
statutory authorities. A RWSP would
could be implemented under existing

r supply planning and water regulation.
Shave to be consistent (or not
ie plan in order to be permittable. (L)

nd RWSPs

y sewer, solid waste, drainage, potable
element) needs to indicate sources of
available data. (L or A)

water supply sources identified in the

others should increase communication
ial assistance where possible-to ensure
lent actions are coordinated with WMD
r supply plans. (A and V)

3 i

uuruvr r rru ~rnu -lnr -r --- - ------- P


Jan 24 '97

8:03 r.C4/15


15. Data for local water supply planning should come from the WMDs, unless better data is
available. The WMD should be the primary source of data, but this would not preclude a
local government from using more accurate data. (A, by DCA rule)

16. At a minimum, DCA should rely on the WMDs or identification of water supply sources.


The State Role

17. The state should assure protection of water reso1

18. The state could enhance the acquisition of lands

The Water Management District Role

19. The proper WMD role in water supply is pannii
WMDs are not primarily in the water supply dp%
from providing assistance with water supply ddv

20. WMDs should account for cumulative impacts c
resources in a manner to ensure their sustainabili

21. WMDs could make WMD lands available for w1
the purposes for which the land was acquired. (

Reuse |

22. FINDING: Florida should maximize reuse. (
state objective.)

Til, T -.l -.l

JleC LUl.I ZaUIC o l

23. The proper local role (including local gov.erie
private utilities) in water supply is water supply
resource development (see consensus definitiap
assistance in water resource development. (L)i

Minimum Flows and Levels

24. Establishment ofMFLs should be directed ,rst
developed. (See Ex. Order 96-297) (A)

ces on state lands. (L, amends.

r recharge. (A)

g and water resource development.
dopment business, but are not precluded
dopment (See consensus definitions). (L)

Water resources and manage those
ty. (L)

ter supply, where not inconsistent with

e statutes already identify reuse as a

its, regional water supply authorities, and
development and not primarily water
). However, this does not preclude local

D areas where water is being or will be


Jan 24 '97

8:03 P.05/15



25. MFLS should be made a part of District Water Management Plans. They should be
accompanied by plans for their implementation and should be implemented in coordination
with water resource development and water supply development. (L)

26. FlNDING: One function of FLs should be h help us understand what is happening to
the resource in sufficient time to develop water, uplies which will provide adequate
water for all reasonable-beneficial uses and pr wnt harm to water resources.

27. FOR DISCUSSION: Create new section, 373. 715, F.S., to read:


373.1715 Minimum flows and levels; es
(1) If the existing flows or levels in a w
below, the applicable minimum flows or levels.
department or governing board shall immediate
strategies and other actions, consistent with the
(a) Prevent existing flows or levels from
flows or levels; or
(b) Achieve recovery to the established

Any such strategies or actions shall includes
development and implementation ofconsevatio
resource development, including new or aleat
and to the extent practicable concurrent with, a
current withdrawals of existing users. Withdr~
a further decline below the established minim
(,except where they are part of the recovery s
use is otherwise consistent with the require
(2) When establishing minimum flows
of s. 373.042, the department or governing boa
hydrologic changes that have occurred as a r
were authorized by a permit issued pursuant to!
exempt from permitting under those provisions
and the constraints such alterations have had oh
surface water body, or groundwaters. Nothing
limit (or require) water resource restoration. ,'
(3) The provisions of this section shall'
specific requirements or authority provided by!l


ablishment and implementation.-
er body are below, or projected to fall
blished pursuant to s. 373.042, the
initiate water resource development
requirements and authority in this chapter,

falling below the established minimum

minimum flows or levels as soon as

gor a timetable that will allow the
or efficiency measures and water
water supplies, in conjunction with,
reductions in permitted allocations or
for new uses that would contribute to
flow or level shall not be authorized
tegy and where the new withdrawal and
of this chapter).
d levels, consistent with the requirements
Shall consider (take into account)
tof alterations to surface waters which
art I or part IV or this chapter, which are
r which existed prior to those provisions,
the hydrology of an affected watercourse,
n this subsection shall be construed to

e considered supplemental to any other

5 I.

Jan 24 '97

8:04 P. 06/15


ALTERNATIVE PROPOSAL BY DEP (cleanup of above proposal-substantively
the same-minus the italicized language):

373.1715 Minimum flows and levels; establishment and implementation.-
(1) If the existing flow or level in a water body is below, or is projected to fall
below, the applicable minimum flow or level ablished pursuant to s. 373.042, the
department or governing board shall immedaty implement a recovery or prevention
strategy, which includes water resource development and other actions, consistent with
the requirements and authority in this chapter,, o:
(a) Achieve recovery to the established minimum flow or level as soon as
practicable; or
(b) Prevent the existing flow or level from falling below the established minimum
flow or level.

The recovery or prevention strategy shall inclu
water resource development and water supply
alternative water supplies, and.implementationi
measures, in coordination with, and to the exte
reductions in permitted allocations or withdraw
(2) When establishing minimum flows
department or governing board shall consider a
authorized by a permit issued pursuant to part
exempt from permitting under those provisions
and the effects such alterations have had on t
bodies, or groundwaters. Nothing in this subse
water resource restoration.
(3) The provisions of this section are si
requirements or authority provided by law.



28. There should be a presumption of correctness
an improvement by a utility. (L)

29, DEP and the PSC should consider developing
equipment. (A) 4

e phasing or a timetable that will allow for
Development, including new traditional or
of conservation and other efficiency
practicable concurrent with, any
d levels pursuant to s. 373.042, the
terations to surface waters, which were
or part IV of this chapter, which are
or which existed prior to those provisions;
hydrology of watercourses, surface water
ton shall be construed to limit or require

pplemental to any other specific

r prudence by the PSC ifDEP "approves"

list of qualified reuse and other

The PSC, DEP, and the WMDs must coordia e their timeframes for cost recovery and
compliance with regulatory rules (especially foi reuse). The PSC should allow a
reasonable time for cost recovery (length of pa inning period on which to base a calculation
of prudent costs). (L)


S 11,

Jan 24 '97

8:04 P. 07/15


31. DEP and the WMDs must coordinate their feasibility requirements and criteria for reuse.
(The Reuse Coordinating Council meets regularly to address such issues.) (A)

DEP, the WMDs, and the Department of Health must coordinate their reuse criteria and
efforts. The Governor's Office should direct these agencies to do so through executive
order or other appropriate means. (A)

Amend s. 373.046, F.S., to read:

373.046 Interagency agreements.-
/C\ 51Whlr- the bo+AdMar~ e ofa rotc-i r lcal1 envrnm nt .r eo w1rter

management district boundaries the affected districts may designate a single affected
district by interagency agreement to implement, under the rules of the designated district.
all or part of the applicable regulatory responsiilities under chapter 373. The application.
pursuant to this provision of any district rule which was adopted or formally noticed for
adoption on or before May 11 1995 shall not te subject to s. 70.001

Also, amend s. 373.2295, F.S., to read:

373.2295 Interdistrict transfers ofgrow
(141 The Dermitting provisions of his "

agreement executed pursuant to s. 373 046(5.

Technical Considerations


34. DEP and the WMDs should explore the use ofp
waiver and variance provisions to keep up with

35. DEP and the WMDs should work with the Eriv
to solve technical and related legal obstacles to

36. There should be accelerated research by WMD
efforts where possible) to remove technical ob

37. There should be scientific peer review at the fi
and development, and for other processes, suc
planning establishment of MFLs, etc.

Son are superseded by an interagency

he new Administrative Procedures Act
changes in technology.

ronmental Protection Agency and others
aquifer storage and recovery, etc.

, Universities, and others (cooperative
Laces to the development of alternative

nt end for water supply-related research
as the technical aspects of water supply



"'" "' ~ v "i "AA .. .

Jan 24 '97

8:05 P.08/15

.-I "'~ UA "UIlAK / J' lk,


LTon-t= Consnmntive Use Permits

38. FOR DISCUSSION: Amend s. 373.236, F.S., to read:

373.236 Durati6n of pennits.-
(1) Permits shall may be granted for .ry period of time not ceding 20 years.
f thereis sufficient data to provide reasonable assurance that the amount of water

permitted will be available for the length of the I
-hnrter duration or during the term of the ner

required by circumstances specific to the permit
h lj 4-f\ If\ rar P i*0i^

Da,.yv,*&.e ma,, 11* i88Ir,A .~r a

t may be reviewed and modified where

'or as otherwise authorized by this

*1'm.Jl Yt$h~ 1.* mik*;'* flrIWLUnntIrfV

c anter. ermt mo cat t...... us... -mous so su...swm.,

annlijations provided there is no increase in the

board or the department may base the duration
classification according to source of supply or tl.
(2) Five years after the issuance ofa pe

permitted allocation. The governing
f permits on a reasonable system of
pc of use, or both.
nit fnr ten vare onr mnrp anrid Aver rvA

years thereafter for the life of the permit. the go earning board or the department shall give
notice in accordance with s. 120 57. of opportuity to seek review of the permit to
address adverse impacts on existing legal users r water resources unanticipated at the
time of permit issuance. Members of the public shall have 14 days after the notice to
petition for review- If the governing board or d artment determines that good cause
exists for a petition received it shall hld a hear ng to consider, and order as necessary
permit modifications to eliminate or prevent an unanticipated adverse impacts on existing
legal users or water resources.

Wellhead Protection

39. FINDING: Wellhead protection should be enci
future water supplies and public health.


S. ij

urgede, in order to protect existing and

- ---~-


""' -Y -------"~ ~- -----~~- -I- ~-~~~~ -- -~~---~~--~~~-~ -- ~ ~--



.. .. ...... .....a...........d.. by.


annhenitions nravided there is no increase in the-


YY' )YI --l-Ll Y~ IVL ~_ U11 YY1 II~


Jan 24 '97

8:05 r. 9/15


Water Supply Development and Funding Working Group

Draft Report Outline
DEP Office ofEcosys r Management

I. Introduction

A. Issues Background

B. Executive Order Charges

C. Subcommittees

II. Findings

A. Water Supply Development Subcommittee

B. Water Supply Funding Subcommittee

mI. Recommendations

A. Water Supply Development Subcommittee

B. Water Supply Funding Subcommittee

IV. Continuing Issues

V. Appendices

Jan 24 '97

8:06 P.10/15


Draft Appendices Outline

A. Statutes

1. Statutes addressing water supply development
2. Statutes addressing water supply funding

B. Entities, Their Roles, and Funding Sources (su

1. Roles of Entities in Regulation, Planning and
and Monitoring Roles)
a) Local Govemments
b) Private Utilities
c) Regional Water Supply Authorities
d) Regional Planning Councils ,
e) Water Management Districts
f) Department of Community Affairs
g) Department of Environmental Protection
h) Public Service Commission
i) Department ofHealth
j) Federal Govemrnmnt

2. Roles in Capital Facilities Development i(Ta
a) Local Govenments
b) Private Utilities
c) Regional Water Supply Authoities
d) Regional Planning Councils
e) Water Management Districts
f) Department of Community Affairs
g) Department of Evironmenal Protection
h) Public Service Commission
i) Department of Health
j) Federal Government

3. Roles in Funding (Table 3. Funding Sources)
a) Local Governments
b) Private Utilities
c) Regional Water Supply Authorities. .
d) Regional Planning Councils
e) Water Management Districts
f) Department of Community Affairs
g) Department of Environmental Protection
h) Public Service Commission
i) Department of Health
j) Federal Government -

4. Funding Sources Information Matrix
(Existing and New?)

prized in three tables and a matrix)

Monitoring (Table 1. Regulation, Planning

e 2. Development Roles)

Jan 24 '97

8:06 r>. 11/15

Attorneys at Law
541 Old Magnolia Road
Crawfordville, Florida 32327

FAX: 904-421-2426


To: Water Funding Core Group

From: Phil Parson, Co-chair
Keith Hedrick
Pam McVety
Steve Walker

Date: January 22, 1997

This transmission contains 4 pages including this cover sheet.


As your drafting group, we have attempted to include all the ideas and
positions on which this group reached consensus (or appeared to). This attempt
resulted in the draft which follows. Please review the attached draft and be prepared
to discuss it when we meet on Wednesday, January 29. Please also identify any
issues which we missed in preparing the draft.



January 23, 1997


To review existing funding authority for water resource development and water
supply development and recommend new funding as necessary.


There is considerable existing revenue-raising authority for water projects at the
local, regional and state levels. However, increasing water demand and limited
natural resources suggest that limited new revenue sources are needed to meet a
few specific circumstances.


1. General principles:

a. Beneficiaries of water projects should pay the costs of the projects from which
they benefit.

b. Water management districts should take the lead in identifying and
implementing water resource development projects. Most regionally significant
water resource projects should be paid for through water management district

c. Local governments and water utilities should take the lead in identifying and
implementing water supply development projects. Most water supply projects
should continue to be paid for through local water users and other local funding

d. An entity with revenue-raising authority should have the ability to allocate those
funds and should not be mandated to spend those funds on a particular program or

2. The Regional Water Supply Plans developed and adopted by the water
management districts should provide the framework for identifying water resource
development projects, water supply development needs, reasonably available water

sources, and options to assist local government and water supply decision-makers in
identifying funding needs.

3. It appears there is a need for water resources development. These needs are best
identified through the Regional Water Supply Plans. Each water management
district's Plan should include both existing funding and additional funding needs to
carry out their responsibilities as these water resource development goals are

4. Each Regional Water Supply Plan should include the amount of funding; the
source of funds, where appropriate; and the existence of any funding shortfalls for
the implementation of the water management district responsibilities identified in
the Plan.

5. The water supply and water resource problems of the Lower East Coast are
different from other areas in the state and may require a unique funding solution.

6. To meet existing and future local capital needs for production of water supply,
local governments and water utilities should be given additional revenue-raising

While local referenda requirements should not be attached to any additional
authority provided, the following policies should be required to provide
local governments should expressly articulate the public policy
considerations for selecting the new funding source, how the money will be
spent and the relationship to other existing sources of funding for water
local governments may use the new money on projects of primarily local
impact, but, if the project will have interjurisdictional impacts, the project
must serve a regional purpose and avoid interjurisdictional conflict.
if private water utilities exist in the area, a local government accessing these
new funding sources must allow the private utility to share in these monies
since the utilities' customers will contribute to the payment of these taxes.
these new monies must not be used to replace, supplant or support the
diversion of existing levels of funding for water projects for use on projects or
activities unrelated to water.

7. There should be new funding to allow the districts or state to provide limited
funding for projects which contribute to the greater public good. To be of "greater
public good", a project must be of regional or statewide significance, must support
the strategies of the Regional Water Supply Plan and must:
create a nearby, dependable, sustainable supply of water which is not
otherwise financially feasible through use of other available funding sources,

be economically or environmentally superior in preventing or limiting
adverse areawide water resource impacts but which is initially more
expensive than other potential alternatives, or
make significant implementation of reuse or conservation of water in a
manner which contributes to the sustainability of regional water sources.

8. It is in the long-term best interest of Florida for the Legislature adopt enabling
legislation and to appropriate the required 20% matching funds to allow the use of a
revolving loan fund through access to new moneys available under the
amendments to the federal Safe Drinking Water Act.
State appropriation of $8.8 million for federal FY 1997 generates a total of
$57 million.
State appropriation of $6.9 million for federal FY 1998 generates a total of
$41 million.

9. Given the likelihood of limited new funding and recognizing the various types
of problems which need to be addressed, the Legislature should consider providing
further public policy direction on prioritizing the use of new funding.

The drafting group has reviewed the definitions for "water supply development"
and "water resources development" as currently proposed by the Planning
Committee. We suggest that the Funding Committee adopt the following changes:

"Water resources development" means the formulation and implementation of
regional water resource management strategies, including the collection and
evaluation of surface water and groundwater data; non-structural programs to
protect water sources; the development of regional water resource implementation
programs; a-d- the construction, operation and maintenance of major public works
facilities to provide for flood control, surface and underground water storage, and
groundwater recharge augmentation; and technical assistance to local governments
and water utilities.

"Water supply development" means the planning, design, construction, operation,
and maintenance of public or private facilities for water collection, treatment,
transmission and distribution for sale, resale, or end use.