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Regional Water Availability Rulemaking. Chip Merriam Water Resources Advisory Commission February 8, 2007. Scope of Presentation. Development of rule concepts: Where have we been? Overview of Proposed Rule including Stakeholder comments and responses. Where have we been?. - PowerPoint PPT Presentation
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Regional Water Availability Rulemaking
Regional Water Availability Rulemaking
Chip MerriamWater Resources Advisory Commission
February 8, 2007
Chip MerriamWater Resources Advisory Commission
February 8, 2007
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Scope of PresentationScope of Presentation
Development of rule concepts: Where have we been?
Overview of Proposed Rule including Stakeholder comments and responses
Development of rule concepts: Where have we been?
Overview of Proposed Rule including Stakeholder comments and responses
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Where have we been?Where have we been? ’70’s – 90’s: regional system water considered an unlimited
source
1997 – “HB 715” –Prevent competition between consumptive
uses & natural systems through identifying needs & sources
2000 – Regional water availability assessments completed
Lower East Coast Regional Water Supply Plan (LEC Plan)
Restudy/Comprehensive Everglades Restoration Plan
(CERP)
Conclusion: Implementation of proposed projects, as
scheduled, will meet projected demands of restored natural
systems & users
’70’s – 90’s: regional system water considered an unlimited
source
1997 – “HB 715” –Prevent competition between consumptive
uses & natural systems through identifying needs & sources
2000 – Regional water availability assessments completed
Lower East Coast Regional Water Supply Plan (LEC Plan)
Restudy/Comprehensive Everglades Restoration Plan
(CERP)
Conclusion: Implementation of proposed projects, as
scheduled, will meet projected demands of restored natural
systems & users
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Where Have We Been?Where Have We Been?2001-2003 Minimum Flows & Levels (MFLs) for Everglades &
Northwest Fork of the Loxahatchee River
“Significant harm” occurring in these waterbodies
Recovery strategy – allow limited increases in withdrawals consistent with LEC Plan & CERP implementation
2003 “B-List” Rules
Up to 20-year permits for historic use
Up to 5-year duration permits for increased demands over historic use
2004 CUP/CERP Guiding Principles
Interim process to evaluate whether increased withdrawals to meet growth would impact the Everglades
Offsets or alternative sources required to prevent impacts to Everglades
2001-2003 Minimum Flows & Levels (MFLs) for Everglades & Northwest Fork of the Loxahatchee River
“Significant harm” occurring in these waterbodies
Recovery strategy – allow limited increases in withdrawals consistent with LEC Plan & CERP implementation
2003 “B-List” Rules
Up to 20-year permits for historic use
Up to 5-year duration permits for increased demands over historic use
2004 CUP/CERP Guiding Principles
Interim process to evaluate whether increased withdrawals to meet growth would impact the Everglades
Offsets or alternative sources required to prevent impacts to Everglades
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Where Have We Been?Where Have We Been? Since 2001, MFL recovery strategies not realized
as planned
Everglades restoration schedule & performance changing
Operations of regional system changing, e.g., Lake Okeechobee
Demands different than originally projected
Regional system modeling tools modified
SB 444 Legislative direction on alternative water supply development
Since 2001, MFL recovery strategies not realized as planned
Everglades restoration schedule & performance changing
Operations of regional system changing, e.g., Lake Okeechobee
Demands different than originally projected
Regional system modeling tools modified
SB 444 Legislative direction on alternative water supply development
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Rule Development Activities
Rule Development Activities
April 2006 Governing Board initiated rule development
2006 Held several public, WRAC &
Governing Board workshops on rule
January 19 Held workshop on January 4 rule draft
February 1 Received comments from Joint Administrative
Procedures Committee
February 1 Released revised rule draft for Governing Board consideration
February 5 Rule Workshop
February 8 WRAC presentation
April 2006 Governing Board initiated rule development
2006 Held several public, WRAC &
Governing Board workshops on rule
January 19 Held workshop on January 4 rule draft
February 1 Received comments from Joint Administrative
Procedures Committee
February 1 Released revised rule draft for Governing Board consideration
February 5 Rule Workshop
February 8 WRAC presentation
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Lower East Coast Water Bodies and Major Integrated Conveyance Canals
North Palm Beach County/Loxahatchee River WatershedWater Bodies and Major Integrated Conveyance Canals
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Summary of Proposed Rule
Summary of Proposed Rule
Applies to urban service areas
Restricts withdrawals from “Waterbodies” Lower East Coast Everglades Waterbodies North Palm Beach County/Loxahatchee River
Watershed Waterbodies
Primarily concerns increases in withdrawals near Waterbodies or integrated conveyance systems that receive water supplies from Waterbodies
Applies to urban service areas
Restricts withdrawals from “Waterbodies” Lower East Coast Everglades Waterbodies North Palm Beach County/Loxahatchee River
Watershed Waterbodies
Primarily concerns increases in withdrawals near Waterbodies or integrated conveyance systems that receive water supplies from Waterbodies
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Summary of Proposed Rule
Summary of Proposed Rule
Authorizes continued withdrawals from Waterbodies up to “base condition water use”
For public water supply based on maximum quantity during any consecutive during five years preceding April 2006
For diversion & impoundment and irrigation uses based on system conditions as of April 2006
For other use classes, amount pumped 12 months prior to April 2006
Authorizes continued withdrawals from Waterbodies up to “base condition water use”
For public water supply based on maximum quantity during any consecutive during five years preceding April 2006
For diversion & impoundment and irrigation uses based on system conditions as of April 2006
For other use classes, amount pumped 12 months prior to April 2006
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Proposed Rule ConceptsProposed Rule ConceptsProhibits increased & new withdrawals over “base condition water use,” unless:
Offsets for increased withdrawals implemented
Project water certified available for consumptive use by Governing Board
Non-CERP wet season flows determined available
Terminated/reduced historic demands available
Temporary increases (5-year) needed while implementing alternative sources or offsets, with specific limiting conditions on duration
Prohibits increased & new withdrawals over “base condition water use,” unless:
Offsets for increased withdrawals implemented
Project water certified available for consumptive use by Governing Board
Non-CERP wet season flows determined available
Terminated/reduced historic demands available
Temporary increases (5-year) needed while implementing alternative sources or offsets, with specific limiting conditions on duration
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Significant Issues Resolved
Significant Issues Resolved
Define “base condition water use” Diversion & Impoundment & Agricultural uses
concerned with “actual pumpage”
Resolved by basing on system conditions as of April 2006
Public water supply concerned actual pumpage during 12 months preceding April 2006 not sufficient to represent typical use
Resolved by allowing use of pumpage during any 12 month period during preceding five years prior to April 2006
Define “base condition water use” Diversion & Impoundment & Agricultural uses
concerned with “actual pumpage”
Resolved by basing on system conditions as of April 2006
Public water supply concerned actual pumpage during 12 months preceding April 2006 not sufficient to represent typical use
Resolved by allowing use of pumpage during any 12 month period during preceding five years prior to April 2006
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Significant Issues Resolved
Significant Issues Resolved
How will “temporary increased allocations,” including duration, be determined Specific factors identified for determining duration of temporary increase
When will “offsets” and “terminated or reduced withdrawals” allow increase in allocation? Identified specific evaluation based on location, timing and level of impact addressed by proposed action
How will “temporary increased allocations,” including duration, be determined Specific factors identified for determining duration of temporary increase
When will “offsets” and “terminated or reduced withdrawals” allow increase in allocation? Identified specific evaluation based on location, timing and level of impact addressed by proposed action
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Significant Issues ResolvedSignificant Issues Resolved
How will limits on “wet season” water allocations be identified?
Must be consistent with CERP, A8 & Northern Palm Beach County Water Management Plan
Specific evaluation tied to “best available information” of restoration needs
Water available during atypical dry season rain events not allocated; however, may be made available for storage through other mechanisms
How will limits on “wet season” water allocations be identified?
Must be consistent with CERP, A8 & Northern Palm Beach County Water Management Plan
Specific evaluation tied to “best available information” of restoration needs
Water available during atypical dry season rain events not allocated; however, may be made available for storage through other mechanisms
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Significant Issues Resolved
Significant Issues Resolved
Provide assurances rule does NOT modify
existing permits over duration of permit
Provide assurances rule does not trigger
5-year compliance reviews on 20 year
permits
Addresses comments from “Joint Administrative Procedures Committee”
Provide assurances rule does NOT modify
existing permits over duration of permit
Provide assurances rule does not trigger
5-year compliance reviews on 20 year
permits
Addresses comments from “Joint Administrative Procedures Committee”
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Staff Recommendation to Governing Board in
February
Staff Recommendation to Governing Board in
February Authorize Publication of Notice of Intent to
Adopt Rules and authorize filing of rule with Department of State if no request for hearing is received
Publication initiates 21 day timeframe for requesting public hearing or formal hearing
Authorize Publication of Notice of Intent to Adopt Rules and authorize filing of rule with Department of State if no request for hearing is received
Publication initiates 21 day timeframe for requesting public hearing or formal hearing
