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Florida Water Resources Act of 1972

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Florida Water Resources Act of 1972 IV. PlanningDirectives Severaltypes of planningefforts are mandated by theWater Resources Act, includingthe requirementthat DER establish the state water use plan and state water policy, Thedistricts are requiredto preparedistrict water management plans, surface water iinprovement and management plansand groundwater basin resource availability inventories, perform research to establish minimumflows and levels, andprovide technicalassistance and informationto local governments.Many of theplanning elements include references to protectionof fish andwildlife habitat,and their considerationin the establishmentof more refinedwater use and water managementpermitting criteria is criticalto theprotection of freshwaterflows to estuaries, A. State Water Use Plan Section 373.036 of the Water ResourcesAct requires the Department of Environmental Regulation DER! to "studyexisting water resourcesin the state;the meansof conservingand augmentingsuch waters; existing and contemplatedneeds and usesof water for protectionand procreationof fish andwildlife, irrigation, mining, power development,and domestic,municipal, and industrialuses; and all other relatedsubjects...."~' The DER must cooperatewith the Office of the Governorto formulatean "integrated,coordinated plan for the use and development of the watersof the state,based on the abovestudies,""' The plan is to be known as the state wateruse plan, intended to serveas a functionalelement of thestate comprehensive plan,"' "' FLA. STAT. g 373.036! 989!. ' Id. "' The statewater use plan, togetherwith the DER's water quality standardsand classifications was intended to constitute the State Water Plan. This plan has yet to be formally developed,The state comprehensive plan, Chapter 187, Fla. Stat.,includes several policies and goalsdirectly supporting the maintenance of adequatefreshwater flows, including: ! establish minimum seasonalflows and levels for surface watercourseswith primary consideration given to theprotection of naturalresources, especially marine, estuarine, and aquatic ecosystems $187.201 8! b.!;! protectand restore long-term productivity of marinefisheries habitat and otheraquatic resources 187.201 9! b.!; ! discouragethe channelization, diversion, or dammingof naturalriverine systems 187,201 8! b.!; ! reservefrom usethat water necessaryto supportessential nonwithdrawal demands, including navigation, recreation, and the protectionof fish andwildlife $187.201 8! b4.!. 46 andto aid in the guidanceof the district governingboards and other agenciesin the administration and enforcement of the Act."' In preparingthe statewater useplan, the DER must "give carefulconsideration to the requirementsof public recreationand to the protectionand procreation of fish and wildlife.""" On certain designatedwaterbodies, it may prohibit or restrict other future uses which may be inconsistentwith theseobjectives.~' The DER must consult with andcarefully evaluate the recommendationsof concernedfederal, state and local agencies,particularly the water managementdistricts.~' In turn, eachdistrict must cooperate with theDER in conducting surveys and investigationsof water resources, furnish available technical data, and advise the DER in formulatingthose parts of the plan applicableto the district,"' S. District Water Management Plans A primary role establishedfor the districts in complying with the requirementsof Section 373.036,Fla. Stat. is the researchand preparation of district water managementplans DWMPs!. Part V of the StateWater Policy rule providesdirection to the districtsfor the preparationof the plans,' Eachdistrict must adopt its planby November1, 1994,and plans must be updated everyfive years.'4'At present,the DWMPs and other planning efforts required of thedistricts are movingon separatetracks. Recentdistrict efforts havebeen aimed at incorporatingthe variousplanning initiatives into the DWMP processand achievinga consistentformat to be followedby all districtsin preparingtheir plans,~ 2" FLA. STAT.$ 373,0360! 989!. ' FLa. STAT.f 373.036! 989!. ~' ld ' FLA. STAT,5 373.036! 989!. "' Fm. STAT.f 373.036! 989!. ~ See ~. ANN. Coos Rule 17-40.501 February1991!. ~' ~. AoMtN. CooE Rule 17-40.501!, ! February1991!. "' SeeChristianson, R., "Memorandumto DistrictWater Management Plan Work Group, Re: Format and Guidelines for DWMPs," St. Johns River Water ManagementDistrict June 6, 1991!, 47 Current drafts of the revised schedule call for a standardized DWMP format to be adopted byOctober 1, 1991,with revised plans of studyfrom each district due on the same date,"' First drafts of eachdistrict's DWMP are scheduledfor completionon October1, 1992,based on best availableinformation. Thoughessentially all planningstudies required under the Act may eventuallybe incorporatedinto the DWMP process, the followingdiscussion will treatthe topics separately. Opportunitiesfor protectionof freshwaterflows exist in severalplan requirements. By November1, 1991,each district must adoptby rule designatedareas with water supplyproblems whichhave, or areanticipated to becomecritical within the next twenty years,"' Withinthese critical water supplyareas, a reasonableamount of reuseof reclaimedwater from domestic wastewater treatment facilities must be required, unless economically, environmentally or technicallyinfeasible.~9 Based on analysisof thesefactors, the plansmust also includea courseof remedialor preventiveaction for eachcurrent or anticipatedfuture critical problem,"' and provide for identifyingareas where data collection, resource investigations or regulatoryprograms are needed to preventwater resource problems from becoming critical,"' Critical water supplyproblem area designations must be updatedwithin one year after DWMPs are updated A primary tool in the designationof critical water supplyproblem areas is an assessment of water needs and sources. The districts are required to perform an assessmentof water needs ~' Id. FLA. ADMN. CODERule 17-40.401! February1991!. 249 Id "' FLA. ADMN. CQDERule 17-40.501! February1991!. Remedialor preventive measuresinclude but are not limited to; water resource projects, water resourcesrestoration projects Section 403.0615, F.S.!, purchaseof lands;conservation of water;enforcement of district or DER rules; and actionsby local governmentsunder a local comprehensiveplan, ordinanceor zoningregulation. FLA. ADMN. CoDERule 17-40.501! February1991!, FLA. ADMN. CoDERule 17-40.501! February1991!. "' FLA. ADMN, CoDERule 17-40.401! February1991!. 48 andsources for thenext twenty years, as part of eachDWMP."' At present,the districts are at differentstages in thepreparation of the water needs and sources studies. Given the prominent role assignedto protectionof environmentaland habitatvalues in the Act, the freshwaterneeds of estuarinefisheries habitat could be consideredan iinportantpart of eachwater needsand sources assessment,though generally, such habitat-based needs are not beingaddressed by thedistricts. In somedistricts, analysis of theeffects of withdrawalson sourcesof supplydoes include considerationof theeffects of thewithdrawals on habitatvalues, at differenttimes, places and withdrawal rates. 1. SouthwestFlorida Water ManagementDistrict The major categoriesof water needaddressed by the district in its needsand sources assessmentinclude public supply and other potable demands, agricultural water use, industrial wateruse, mining water demands and recreational water needs.' Theinstream and inplace needsof estuarinedependent fisheries are not included in theneeds assessment, Primary sources of waterinclude ground water and surface water. Though in partsof thedistrict, ground water is importanttothe maintenance of riverine flows during periods of lowrainfall, the effects of large groundwater withdrawalson the baseflow of surfacewatercourses are not discussedwithin the watersources analysis.~' However, the potential effects of withdrawalsfrom surface watercourseson instreamand estuarinehabitats are consideredwithin Section5.3 of the draft needs and sources document,"' "' Fir . Aomw.CoDE Rule 17-40.501! February 1991!. '~ WAN@SUPPLv NEEos & SoURcEs:1990-2020 Dm PY!, 247-253, Southwest Florida WaterManagement District April29, 1991!.The draft sections explaining potential needs and sources,and the policies used to define acceptable withdrawals, areexpected to remain essentially unchangedin the final draft document, which will betransmitted to the district governing board for approvalin December1991. Phoneinterview with DavidMoore, Southwest Florida Water ManagementDistrict, August 1991!. "' In thatpart of theSouthwest Florida district with the highest levels of groundwater withdrawal,potable aquifers are hydrolagically separated from surface water flows by impermeableaquicludes. WATERSUPPLY NEEDs & SoURczs:1990-2020 DmFT!, 236-238, Southwest Florida WaterManagement District April29, 1991!.The district has also developed "Water Resource continued.! 49 The district currently has several creeks and rivers from which water is taken for municipalwater suppliesand other consumptiveuses. Theseinclude the PeaceRiver, Shell Creek,Myakkahatchee Creek-Big Slough, Manatee River, BradenRiver, Little ManateeRiver, andHillsborough River."' Somewatercourses are being considered for theexpansion of existing withdrawals or creation of new withdrawals. The needs and sources document section on surfacewater supplyemphasizes that rivers, springs,lakes and estuariesare amongthe state's most valuable assets,from an aestheticand ecological perspective, but also from an economic perspective,based on
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