09 fri 0930 emerging megatrends in water law and policy 2

Water Policy Development in Florida

APA Florida 2011 ConferenceSeptember 7-10

Palm Beach

Powerpoint TemplatesPage 2

Presentation Overview

• Historical Water Policy Philosophy

• How Ecosystem Impacts Led to Policy Changes

• Water Policy in Action

• Everglades Restoration

• Kissimmee River Restoration

http://www.powerpointstyles.com/


Historical Water Policy Philosophy



The Everglades Ecosystem



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The “Original” Everglades Ecosystem

• Water connected the system, from top to bottom

• 9 million acres of wetlands providing a variety of habitat

• Diverse mosaic of landscapes and seascapes



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Historical ProblemsLeading to Construction of C&SF Project

Areas Floodedin 1947

Areas Floodedin 1926 &

1928

• Hurricanes in 1926 and 1928 resulted in failure of the levee around Lake Okeechobee

• Hurricane in 1947 resulted in wide-spread flooding throughout South Florida

• State of Florida requested Federal assistance in 1947

• Congress authorized the

C&SF Project in 1948



Central & Southern Florida Project

• 1,800 miles of canals and levees

• 160 major drainage basins

• Over 2,000 water control structures

• 200 major structures• 36 pump stations

• 1,800 miles of canals and levees

• 160 major drainage basins

• Over 2,000 water control structures

• 200 major structures• 36 pump stations



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C&SF Project Infrastructure

One of the world’s largest and most complex water resource management systems



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Major Features of the C&SF Project

River Channelization

Herbert Hoover Dike

Water Conservation Areas

Protective Levees

• Everglades Agricultural Area

• Lower East Coast

Drainage Network

• Salinity Structures



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HistoricFlow

CurrentFlow

System Modifications



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Loss of Everglades to Urban and Agricultural Development



How Ecosystem Impacts Led to Policy Change



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An Ecosystem in Trouble

• Too m uch or too little w ater for the South F lorida ecosystem

• 1.7 b illion gallons of w ater per day is lost to the ocean

• D eclin ing estuary health

• M assive reductions in w ading b ird populations

• D egradation of w ater quality

• Loss of native habita t to invasive exotic vegetation

• 70 Federa lly-lis ted threatened and endangered species

• Too much or too little water for the South Florida ecosystem

• 1.7 billion gallons of water per day is lost to the ocean

• Declining estuary health• Massive reductions in

wading bird populations• Degradation of water quality• Loss of native habitat to invasive

exotic vegetation• 70 Federally-listed threatened and

endangered species



• Chapter 373, Florida Statute Based new program on blend of eastern and

western common law doctrines Certainty & Flexibility Users must obtain a permit to have a right to

use water in Florida• Exclusive water management district authority• No property right to water• Permits expire

Major Principles of Florida Water Law



Florida Water Resources Act of 1972 broadened the agency’s mission to include:

• Water supply• Water quality protection• Environmental management• Flood protection

District Mission



• Legislative Intent (ss. 373.016 and 0831, F.S.) Sufficient water be available for all existing and

future reasonable-beneficial uses and the natural system

Avoid competition for water supply• Statutory Direction on Plan Formulation:

Required when sources not adequate to supply water for existing and future uses and sustain natural systems

20-year planning horizon Planning conducted in public process Required contents Section 373.0361, F.S.

Regional Water Supply Planning



Physical Certainty – The Amount of the Allocation – “Just the Right Size Slice”• 1 in 10 Level of Physical Certainty

Legislative Direction (Section 373.705, F.S.) Balancing: reasonable allocation, no harm to

environment, infrequent competition in drought

• District Implementation Implemented in regional water supply plans Consumptive Use Permit

(CUP) rules (1 in 10) Linked to:

• Water Shortage• Minimum Flows and Levels (MFLs)• Projects to develop water supply and water

resources



Consumptive use permit rules

• 1 in 10 allocations

• Wetlands, salt water intrusion, reservation, and regional water availability rule

Water shortage trigger rules

MFLs and recovery plans

• Adopted rules to implement plan based on performance measures

Implementation of the 2000 Regional Water Supply Plans



Overall Legislative Policy

• Manage water resources to ensure sustainability

• Various statutes establish the need to: Protect and/or enhance the natural

resource Allow for development of water

supply• Numerous statutory authorizations or

“tools” to manage water in varying conditions to achieve sustainability



Comprehensive Solution Required

• State and Federal government recognized the need for additional C&SF features

• Additional water storage needed

• Additional stormwater treatment needed to improve water quality

• Improved timing of deliveries needed

• Improve distribution by removal of point sources, levees, and canals



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C&SF Project Comprehensive Review Study

• Study authorized by Congress in the Water Resources Development Act (WRDA) of 1992

• Study was initiated in June 1993• Purpose of Study was to reexamine the

C&SF Project to: Restore South Florida ecosystem Enhance water supplies Maintain flood control

• Study authorized by Congress in the Water Resources Development Act (WRDA) of 1992

• Study was initiated in June 1993• Purpose of Study was to reexamine the

C&SF Project to: Restore South Florida ecosystem Enhance water supplies Maintain flood control



Water Policy in Action



Area Specific Rules Protecting Water for the Natural System

• Minimum Flows and Levels

• Restricted Allocation Areas

• Water Reservations

• In addition, general consumptive use rules apply



• Protect water resource from further withdrawals that cause significant harm

• Requirement to consider changes and structural alterations to the watershed when setting MFLs

• Governing Board does not have to set MFL based on historic conditions where: Water bodies do not serve historic hydrologic

functions

Recovery to historic hydrologic functions is not economically or technically feasible

• Recovery and prevention strategies must provide for water supply to offset any reductions in permitted withdrawals

Minimum Flows and Levels – 373.042, 373.0421, F.S.



Minimum Flows and Levels Water Bodies

MFL Prevention Water Bodies Biscayne aquifer

Lower West Coast aquifers

North Fork of the St Lucie River

Lake Istokpoga

Northeastern Florida Bay

MFL Recovery Water Bodies Lake Okeechobee

Everglades

Caloosahatchee River

Northwest Fork of Loxahatchee River



Water Reservation Rules

• Authority: 373.223(4), F.S.• Set aside water for

protection of fish and wildlife or for public health and safety

• No harm standard• Existing legal uses

protected, unless contrary to the public interest



Water Reservation Waterbodies

• Rules in place– Picayune Strand and

Fakahatchee Estuary

– North Fork of the St. Lucie River

• Rules in development– Kissimmee Basin Chain of

Lakes and River

– Caloosahatchee Estuary



• Prevents new uses from accessing reserved water

• Existing legal uses that are not contrary to the public interest are protected

What Does a Reservation Do?



What a Reservation Doesn’t Do

• Establish an operating regime by rule

• Drought proof the natural system

• Ensure the fish and wildlife goals are achieved



• Identifies specific geographic areas and/or canal conveyance systems from which allocations are restricted

• Criteria for Permit Issuance - 373.223(1), F.S.

Reasonable-beneficial - "economic and efficient utilization"

Consistent with the public interest

Restricted Allocation Area Rules



Everglades & Loxahatchee River watershed

Lower East Coast Service Area

Lake Okeechobee Service Area

Central Florida Coordination Area

C-23,C-24 & C25 Canal system

Lake Istokpoga /Indian Prairie Canal

Restricted Allocation Areas



Summary of Tool Selection

• Selection of tool (MFL, Reservation, RAA) dependent on: Whether resource has existing protection Level of protection sought for the resource Level of scientific information available to

support tool Legal mandates for use of specific tool

(e.g., CERP) Spatial extent of area to be addressed



Everglades Restoration



On July 1, 1999, the Secretary of the Army

and the State of Florida presented the Plan to

Congress

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Rescuing an Endangered Ecosystem:

The Plan to Restore America’s Everglades

July 1999The Central and Southern Florida Project

Comprehensive Review Study (The Restudy)

Comprehensive Everglades

Restoration Plan

Comprehensive Everglades Restoration Plan



Comprehensive Everglades Restoration Plan

• Includes 68 components to be implemented over 35 years

• Features include:– Aquifer Storage & Recovery– Surface Water Storage

Reservoirs– Stormwater Treatment Areas– Seepage Management– Removing Barriers to Sheetflow– Operational Changes– Reuse Wastewater



• New Projects – “Make Pie Bigger” for both environment and users Alternative water supply projects CERP Projects

Plan to “Make Pie Bigger”



WRDA-2000 Assurance of Project Benefits• Requirements for reservation or allocation

of water for the natural system include: Execution of an agreement between

President and Governor Quantification of water for the natural system

in each project implementation report Completion of rulemaking and verification

beforesigning a Project Cooperation Agreement

• Savings Clause No transfer or elimination of existing legal

sources No reduction in the level of service for flood

protection



Intervening Events

• CERP schedules delayed from those in Plan Federal funding

• LORS 2008 – Federal Action reduces Lake storage Lake Okeechobee MFL projected to

experience significant harm• Consumptive use permit rules “cap” Lake

uses Permits renewed for 20 year duration



• 2000 Plan identified need for “bigger pie”• LORS 2008 shrinks the size of water

supply pie• Less physical certainty for environment

and users 1 in10 to 1 in 6 level of certainty

Intervening event: LORS 2008 and Physical Level of Certainty



Kissimmee River Restoration



Kissimmee River ChannelizationUnintended Consequences

• More than 30,000 acres of wetland habitat lost

• More than 90% reduction in migratory waterfowl

• Dramatic reduction in wading birds

• Significant impact on sport fisheries – replaced by species that can tolerate low oxygen



Kissimmee River Channelization(1962 to 1971)

Transformed the 103- mile natural, meandering river and floodplain

To a 56-mile straight, narrow and deep canal



Kissimmee River Restoration Project

• Acquire 102,000 acres of historical river floodplain – Nearly complete; $300 million invested

• Remove 2 large water control structures– 1 structure removed

• Backfill 22 miles of canal– 65% complete

• Recarve 9 miles of remnant river channel – 60% complete

• Rehydrate 25,000 acres of river floodplain– 60% complete

1994 - 2014



• 14 miles of C-38 Canal backfilled

• 24 miles of continuous river channel restored

• Approximately 15,000 acres of floodplain habitat restored

Backfilled C-38

Canal

Backfilled C-38

Canal

RemnantRiver

Channel

RemnantRiver

Channel

RemnantRiver

Channel

RemnantRiver

Channel

Degraded Spoil Area

Degraded Spoil Area

New River ConnectionNew River Connection

Kissimmee River RestorationCanal Backfilling Progress




Response: Floodplain Vegetation

Pre-restoration Post-restoration




Response: River Channel Vegetation

Pre-restoration Post-restoration



Questions?


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09 fri 0930 emerging megatrends in water law and policy 2