Regional Water Availability Rulemaking Chip Merriam Water Resources Advisory Commission February 8, 2007 Chip Merriam Water Resources Advisory Commission February 8, 2007

2 Scope 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

3 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

4 Where Have We Been? 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 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

5 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

6 Rule Development Activities April 2006 Governing Board initiated rule development 2006Held 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 2006Held 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

7 Lower East Coast Water Bodies and Major Integrated Conveyance Canals

North Palm Beach County/Loxahatchee River Watershed Water Bodies and Major Integrated Conveyance Canals

9 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

10 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

11 Proposed Rule Concepts 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 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

12 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

13 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

14 Significant 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

15 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”

16 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