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A bill to be entitled

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An act relating to the West-Central Florida Water

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Restoration Action Plan; creating s. 373.0363, F.S.;

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providing definitions; providing legislative findings and

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intent; providing criteria governing the implementation of

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the West-Central Florida Water Restoration Action Plan by

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the Southwest Florida Water Management District; requiring

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that the district coordinate with regional water supply

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authorities and governmental partners to maximize

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opportunities concerning the efficient expenditure of

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public funds; specifying the plan's purpose; specifying

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the initiatives that are included in the plan; providing

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criteria governing implementation of the Central West

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Coast Surface Water Enhancement Initiative, the

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Facilitating Agricultural Resource Management Systems

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Initiative, the Ridge Lakes Restoration Initiative, the

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Upper Peace River Watershed Restoration Initiative, and

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the Central Florida Water Resource Development Initiative

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and certain components or projects included in such

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initiatives; providing for the district to implement

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certain initiatives or parts thereof in cooperation with

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the Peace River-Manasota Regional Water Supply Authority

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or Polk County; requiring an annual report that meets

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specified criteria concerning implementation of the plan,

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regional conditions, and the use of funds; requiring that

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the Southwest Florida Water Management District prepare

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the report in cooperation with coordinating agencies and

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affected local governments and provide the report and

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legislative proposals to the Governor, the President of

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the Senate, and the Speaker of the House of

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Representatives; amending s. 403.087, F.S.; prohibiting

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the permitting of landfills under certain conditions;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 373.0363, Florida Statutes, is created

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to read:

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     373.0363 West-Central Florida Water Restoration Action

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Plan.--

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     (1) As used in this section, the term:

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     (a) "Central Florida Coordination Area" means all of Polk,

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Osceola, Orange and Seminole Counties, and southern Lake County,

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as designated by the Southwest Florida Water Management District,

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the South Florida Water Management District, and the St. Johns

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River Water Management District.

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     (b) "District" means the Southwest Florida Water Management

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District.

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     (c) "Southern Water Use Caution Area" means an area that

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the district designated, after extensive collection of data and

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numerous studies, in order to comprehensively manage water

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resources in the Southern West-Central Groundwater Basin, which

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includes all of Desoto, Hardee, Manatee, and Sarasota Counties

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and parts of Charlotte, Highlands, Hillsborough, and Polk

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Counties.

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     (d) "Southern Water Use Caution Area Recovery Strategy"

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means the district's planning, regulatory, and financial strategy

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for ensuring that adequate water supplies are available to meet

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growing demands while protecting and restoring the water and

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related natural resources of the area.

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     (e) "West-Central Florida Water Restoration Action Plan"

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means the district's regional environmental restoration and

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water-resource sustainability program for the Southern Water Use

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Caution Area.

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     (2) The Legislature finds that:

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     (a) In response to growing demands from public supply,

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agriculture, mining, power generation, and recreational users,

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ground water withdrawals in the Southern Water Use Caution Area

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have steadily increased for nearly a century before peaking in

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the mid-1970s. These withdrawals resulted in declines in aquifer

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levels throughout the groundwater basin, which in some areas

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exceeded 50 feet.

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     (b) While ground water withdrawals have since stabilized as

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a result of the district's management efforts, depressed aquifer

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levels continue to result in saltwater intrusion, reduced flows

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in the Upper Peace River, lowered water levels, and adverse water

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quality impacts for some lakes in the Lake Wales Ridge areas of

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Polk and Highlands Counties.

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     (c) In response to these resource concerns, and as directed

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by s. 373.036, the district determined that traditional sources

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of water in the region are not adequate to supply water for all

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existing and projected reasonable and beneficial uses and to

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sustain the water resources and related natural systems.

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     (d) The expeditious implementation of the Southern Water

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Use Caution Area Recovery Strategy is needed to meet the minimum

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flow requirement for the Upper Peace River, slow saltwater

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intrusion, provide for improved lake levels and water quality

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along the Lake Wales Ridge, and ensure sufficient water supplies

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for all existing and projected reasonable and beneficial uses.

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     (e) Sufficient research has been conducted and sufficient

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plans developed to immediately expand and accelerate programs to

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sustain the water resources and related natural systems in the

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Southern Water Use Caution Area.

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     (f) Implementation of components of the Southern Water Use

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Caution Area Recovery Strategy, which are contained in the West-

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Central Florida Water Restoration Action Plan, is for the benefit

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of the public health, safety, and welfare and is in the public

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interest.

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     (g) Implementation of the West-Central Florida Water

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Restoration Action Plan is necessary to meet the minimum flow

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requirement for the Upper Peace River, slow saltwater intrusion,

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provide for improved lake levels and water quality along the Lake

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Wales Ridge, and ensure sufficient water supplies for all

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existing and projected reasonable and beneficial uses.

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     (h) A continuing source of funding is needed to effectively

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implement the West-Central Florida Water Restoration Action Plan.

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     (3) The district shall implement the West-Central Florida

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Water Restoration Action Plan in a manner that furthers

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progressive strategies for the management of water resources, is

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watershed-based, provides for consideration of water quality

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issues, and includes monitoring, the development and

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implementation of best-management practices, and structural and

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nonstructural projects, including public works projects. The

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district shall coordinate its implementation of the plan with

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regional water supply authorities, public and private

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partnerships, and local, state, and federal partners in order to

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maximize opportunities for the most efficient and timely

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expenditures of public funds.

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     (4) The West-Central Florida Water Restoration Action Plan

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includes:

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     (a) The Central West Coast Surface Water Enhancement

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Initiative. The purpose of this initiative is to make additional

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surface waters available for public supply through restoration of

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surface waters, natural water flows, and freshwater wetland

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communities. This initiative is designed to allow limits on

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ground water withdrawals in order to slow the rate of saltwater

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intrusion. The initiative shall be an on-going program in

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cooperation with the Peace River-Manasota Regional Water Supply

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Authority created under s. 373.1962. The initiative shall include

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the following components, if feasible:

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     1. The Dona Bay-Cow Pen Slough Component. This component is

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anticipated to increase the capacity to store excess freshwater

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flows for the purpose of supplying potable water and of restoring

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wetland ecosystems, including the quality and clarity of water in

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the system and the subsequent rejuvenation of the system's

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mollusks, oyster beds, seagrasses, and salinity.

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     2. The Shell Creek Watershed Component. This component is

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anticipated to increase water storage capacity upstream, redirect

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the stored water to its natural and historical flow pattern

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resulting in a benefit to the downstream ecosystem, and capture

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high flows for use as public supply during low-flow periods.

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     3. The Upper Myakka River-Flatford Swamp Component. This

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component is anticipated to reduce the amount of water entering

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the swamp so that normal hydroperiods are restored, to create a

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historically more natural system, and to increase the

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availability of water for public supply.

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     (b) The Facilitating Agricultural Resource Management

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Systems Initiative. The purpose of this initiative is to expedite

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the implementation of production-scale, best-management practices

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in the agricultural sector which will result in reductions in

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groundwater withdrawals and improvements in water quality, water

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resources, and ecology. The initiative is a cost-share

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reimbursement program to provide funding incentives to

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agricultural landowners for the implementation of best-management

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practices. The initiative shall be implemented by district in

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cooperation with the Department of Agriculture and Consumer

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Services.

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     (c) The Ridge Lakes Restoration Initiative. The purpose of

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this initiative is to protect, restore, and enhance natural

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systems and flood protection by improving and protecting the

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water quality of approximately 130 lakes located along the Lake

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Wales Ridge in Polk County and Highlands County, which quality is

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threatened by stormwater runoff, wastewater effluent, fertilizer

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applications, groundwater pollution, degradation of shoreline

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habitats, and hydrologic alterations. This initiative shall be

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accomplished through the construction of systems designed to

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treat the stormwater runoff that threatens the water quality of

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such lakes. Such systems include swales, retention basins, and

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long infiltration basins, if feasible.

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     (d) The Upper Peace River Watershed Restoration Initiative.

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The purpose of this initiative is to improve the quality of

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waters and ecosystems in the watershed of the Upper Peace River

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by recharging aquifers, restoring the flow of surface waters, and

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restoring the capacity of natural systems to store surface

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waters. The Legislature finds that such improvements are

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necessary because the quantity and quality of the fresh water

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that flows to the basin of the Peace River and Charlotte Harbor

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are adversely affected by the significant alteration and

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degradation of the watershed of the Upper Peace River, and

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because restoration of the watershed of the Upper Peace River is

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a critical component of the Charlotte Harbor National Estuary

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Program's Comprehensive Conservation and Management Plan, the

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Southwest Florida Water Management District's Surface Water

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Improvement and Management Plan, and the Southern Water Use

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Caution Area Recovery Strategy. This initiative shall include an

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Upper-Peace-River component. In addition to the initiative's

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other purposes, this component will provide a critical link to a

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major greenway that extends from the lower southwest coast of

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this state through the watershed of the Peace River and the Green

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Swamp and further north to the Ocala National Forest. Projects

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that are included in the Upper-Peace-River component include:

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     1. The Lake Hancock Component. The purpose of this

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component is to help meet the minimum-flow requirements in the

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Upper Peace River and to improve water quality. The component

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shall include modifications of a structure to control the

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elevation of water levels in Lake Hancock and the treatment of

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outfall from the lake.

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     2. The Peace Creek Canal Restoration Project. The purpose

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of this project is to enhance the recharge of aquifers, restore

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the capacity of natural systems to store waters, and provide

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flood protection. The project shall be implemented by undertaking

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the actions needed to meet the minimum-flow requirements under s.

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373.042 and thereafter holding excess surface water from the

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Peace Creek Canal in storage for public water supply or

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commercial or industrial water users.

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     (e) The Central Florida Water Resource Development

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Initiative. The purpose of this initiative is to create and

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implement a long-term plan that takes a comprehensive approach to

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limit ground water withdrawals in the Southern Water Use Caution

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Area and to identify and develop alternative water supplies for

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Polk County. The project components developed pursuant to this

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initiative are eligible for state and regional funding under s.

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373.196 as an alternative water supply, as defined in s. 373.019,

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or as a supplemental water supply under the rules of the

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Southwest Florida Water Management District or the South Florida

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Water Management District. The initiative shall be implemented by

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the district as an on-going program in cooperation with Polk

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County and the South Florida Water Management District. The

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initiative shall include:

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     1. The Kissimmee River component. This component shall

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include developing, if feasible, a public water supply from

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surface waters in the Kissimmee Basin near Lake Kissimmee,

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blending such supply with other potable water supplies, and

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distributing such potable waters by connecting to the water-

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distribution systems of municipal water utilities. This project

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is intended to increase the amount of water available for meeting

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public demand for water in the Central Florida Coordination Area.

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     2. The Upper Peace River component. This component shall be

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implemented by investigating the feasibility of using an off-

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stream reservoir that may include the storage of water on private

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lands to capture water from the Peace River during high-flow

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periods for use as a public water supply. If it is determined

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that the most feasible location of an off-stream reservoir is

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outside Polk County, the district shall promote Polk County's

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participation in the development and use of such reservoir so

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long as such development and use satisfies all requirements of

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this chapter and the rules of the district.

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     (5) By March 1 each year, the district shall report on the

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implementation of this section as part of the consolidated annual

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report required in s. 373.036(7). The district shall annually

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submit a copy of the implementation report and recommended

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legislative proposals to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives. The

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district shall prepare the implementation report in cooperation

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with the other coordinating agencies and affected local

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governments. The implementation report must include, at a

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minimum:

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     (a) A summary of the conditions of the Southern Water Use

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Caution Area, including the status of the components of the West-

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Central Florida Water Restoration Action Plan; and

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     (b) An annual accounting of the expenditure of funds. The

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accounting must, at a minimum, provide details of expenditures

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separately by plan component and any subparts of a plan

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component, and include specific information about amount and use

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of funds from federal, state, and local government sources. In

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detailing the use of these funds, the district shall indicate

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those funds that are designated to meet requirements for matching

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funds.

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     Section 2.  Present subsection (9) of section 403.087,

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Florida Statutes, is redesignated as subsection (10), and a new

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subsection (9) is added to that section, to read:

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     403.087  Permits; general issuance; denial; revocation;

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prohibition; penalty.--

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     (9) The department shall not issue any permit for a Class I

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landfill that will be located on or adjacent to a Class III

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landfill that was permitted on or before January 1, 2006, and

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that is located in the Southern Water Use Caution Area designated

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by rule by the Southwest Florida Water Management District. This

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subsection applies to all applications for any Class I landfill

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permit submitted after January 1, 2006, for which the department

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has not issued a final permit.

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     Section 3.  This act shall take effect July 1, 2008.