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Rulemaking for
Central Florida
Coordination Area
Coordinated Rulemaking by the
South Florida, St. Johns River and
Southwest Florida Water
Management Districts
May 4, 2007
Presentation Overview
• Review of general principles in CFCA
rulemaking
• Rulemaking steps & current status
• Summary of significant changes in
workshop drafts
Central
Florida
Coordination
Area (CFCA)
CFCA Regulatory Component
Interim Phase - Key concepts in current rulemaking
• Limits groundwater allocations to a maximum of
that needed to meet 2013 demands.
• For those utilities/similar applicants that commit to
building SWS projects to supply water demands
beyond 2013, provides opportunity for a
groundwater allocation up to 2013 demand, for 20
years.
• Utilities/similar applicants that proceed to building
SWS projects but do not complete by 2013 due to
factors beyond their control may seek additional
groundwater allocations only on a temporary
basis.
CFCA Regulatory Component (Cont.)
Interim Phase - Key concepts in current rulemaking
If SWS development is infeasible for all increase
above 2013 demand, applicant may obtain up
to 20-year if it:
• Maximizes use of SWS for as much of increase
as is feasible
• Uses SWS for remainder of increase when
provided by others to extent feasible
CFCA Regulatory Component (Cont.)
Interim Phase - Key concepts in current rulemaking
• Term of permit limited to 2013 if applicant
does not develop SWS or use SWS to
meet as much of the increase above its
2013 demand as possible.
Key Aspects of Permitting that
Remain Unchanged
• 2013 groundwater allocation - efficient
utilization, water conservation and reuse of
reclaimed water.
• An applicant must avoid or mitigate adverse
impacts that otherwise would occur.
• Specific avoidance/mitigation will be different for
each permittee, depending on local conditions.
• Allocations and permit conditions are subject to
revision based on impact monitoring and/or 5year compliance reports.
Rulemaking Steps
•
1st Rule development workshop – November 29, 2006,
at FSAWWA Conference/Orlando
•
2nd Rule development workshop (initial workshop draft
presented) – December 19, 2006, at Haines City
Commission Chambers
•
3rd Rule development workshop – February 20, 2007
at Orange County Utilities/Orlando
•
CFCA discussion/update at February & March 2007
WMD Board meetings
Rulemaking Steps
• Revised workshop drafts provided via e-mail
and on websites – 4/27/07
• 4th Rule development workshop – May 4, 2007
• Comments on current draft requested by May
18, 2007
• Notice of proposed rule anticipated to be
considered at June 2007 WMD Board
meetings
Summary of Revisions to
Workshop Drafts
• New definitions added
• Revised and deleted definitions
• New intent language on CFCA
• Rule review added
• Refinement of amendments
New Definitions for CFCA
• Supplemental Water Supply – surface
water, stormwater, and saltwater.
Brackish groundwater may be considered
a Supplemental Water Supply if it can be
developed in a manner that will not cause
or contribute to harmful impacts from
cumulative groundwater withdrawals in
the Central Florida Coordination Area.
New Definitions for CFCA
• Brackish Groundwater – groundwater
in the Lower Floridan Aquifer that has
chloride concentrations at or above
1000 milligrams per liter (mg/L) or
requires desalinization to achieve usable
quality without blending.
New Definitions for CFCA
• Saltwater – ground or surface water
having chloride concentrations at or
above 19,000 milligrams per liter
(mg/L).
New Definitions for CFCA
• Demonstrated 2013 Demand –
the quantity of water that an
applicant establishes it will need to
meet demands in 2013.
Revised Definitions for CFCA
• Due Diligence – Taking all actions that a
reasonably prudent person would take to
meet the schedule requirements in the
permit for developing and using all required
supplemental water supplies. Particular
circumstances beyond the permittee's control
will be considered in determining whether
due diligence has been exercised.
Revised Definitions for CFCA
Similar Applicant - an applicant, other
than a Public water Supply Utility, whose
projected water demand after 2013, will
exceed its Demonstrated 2013 Demand. that
• Other
proposes to withdraw ground water in the CFCA, seeks a
permit duration extending beyond 2013, and proposes an
increase in ground water withdrawals above its
demonstrated 2013 demand, is subject to those
requirements.
Deleted Definition for CFCA
Alternative Water Supply” for
purposes of additional permitting criteria within
the CFCA are surface water, stormwater, and salt
water. Brackish ground water sources may be
considered an alternative water supply source if
the source can be developed in a manner that
will not cause or contribute to harmful impacts
from cumulative ground water withdrawals in
the CFCA.
• “CFCA
Revised Intent Language
• The intent of the CFCA rules is to provide an
interim regulatory framework for public water
supply utilities and other similar users in the area
to expeditiously implement CFCA Alternative
Water Supply ("CFCA AWS") projects (as defined
in Section 3.6 of the Basis of Review) and,
pending the implementation of CFCA AWS,
provide for the allocation of available ground
water while employing avoidance and mitigation
measures to prevent harm.
Revised Intent Language
• In this area, stress on the water resources is
escalating because of rapidly increasing
withdrawals of groundwater. The public
interest requires protection of the water
resources from harm. The CFCA rules address
the public interest by providing an interim
regulatory framework to allow for the
allocation of available groundwater in the area,
subject to avoidance and mitigation measures
to prevent harm, and by requiring the
expeditious implementation of Supplemental
Water Supply projects.
Revised Intent Language
(continued)
This interim regulatory framework is one
component of a comprehensive, joint
water management district strategy for
regional water resource management
that also includes regional water supply
planning, SWS project funding and water
resource investigations and analysis that
will result in a long-term approach for
water supply within the CFCA.
New Provision
• Before December 31, 2012, the
District shall evaluate whether to
amend or repeal these interim
CFCA regulations.
Refinement of Amendments
• Economic feasibility
• Requirement to use SWS when provided by others
at a cost that is economically feasible
• The affordability of an increase in water rates for a
Public Supply Utility's customers is a consideration
in evaluating economic feasibility; however, an
increase in water rates shall not, by itself,
constitute economic infeasibility. [Impact to customers
from water user rates is a consideration in evaluating
economic feasibility: however, the fact that there may be an
increase in water users rates to utility customers shall not, in
itself, constitute economic infeasibility.]
CFCA Draft Rules
• Questions?