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The Florida Senate

2004 Florida Statutes

Section 373.0361, Florida Statutes 2004

373.0361  Regional water supply planning.--

(1)  By October 1, 1998, the governing board shall initiate water supply planning for each water supply planning region identified in the district water management plan under s. 373.036, where it determines that sources of water are not adequate for the planning period to supply water for all existing and projected reasonable-beneficial uses and to sustain the water resources and related natural systems. The planning must be conducted in an open public process, in coordination and cooperation with local governments, regional water supply authorities, government-owned and privately owned water utilities, self-suppliers, and other affected and interested parties. During development but prior to completion of the regional water supply plan, the district must conduct at least one public workshop to discuss the technical data and modeling tools anticipated to be used to support the plan. A determination by the governing board that initiation of a regional water supply plan for a specific planning region is not needed pursuant to this section shall be subject to s. 120.569 The governing board shall reevaluate such a determination at least once every 5 years and shall initiate a regional water supply plan, if needed, pursuant to this subsection.

(2)  Each regional water supply plan shall be based on at least a 20-year planning period and shall include, but not be limited to:

(a)  A water supply development component that includes:

1.  A quantification of the water supply needs for all existing and reasonably projected future uses within the planning horizon. The level-of-certainty planning goal associated with identifying the water supply needs of existing and future reasonable-beneficial uses shall be based upon meeting those needs for a 1-in-10-year drought event. Population projections used for determining public water supply needs must be based upon the best available data. In determining the best available data, the district shall consider the University of Florida's Bureau of Economic and Business Research (BEBR) medium population projections and any population projection data and analysis submitted by a local government pursuant to the public workshop described in subsection (1) if the data and analysis support the local government's comprehensive plan. Any adjustment of or deviation from the BEBR projections must be fully described, and the original BEBR data must be presented along with the adjusted data.

2.  A list of water source options, including traditional and alternative source options, from which local government, government-owned and privately owned utilities, self-suppliers, and others may choose, for water supply development, the total capacity of which will, in conjunction with water conservation and other demand management measures, exceed the needs identified in subparagraph 1.

3.  For each option listed in subparagraph 2., the estimated amount of water available for use and the estimated costs of and potential sources of funding for water supply development.

4.  A list of water supply development projects that meet the criteria in s. 373.0831(4).

(b)  A water resource development component that includes:

1.  A listing of those water resource development projects that support water supply development.

2.  For each water resource development project listed:

a.  An estimate of the amount of water to become available through the project.

b.  The timetable for implementing or constructing the project and the estimated costs for implementing, operating, and maintaining the project.

c.  Sources of funding and funding needs.

d.  Who will implement the project and how it will be implemented.

(c)  The recovery and prevention strategy described in s. 373.0421(2).

(d)  A funding strategy for water resource development projects, which shall be reasonable and sufficient to pay the cost of constructing or implementing all of the listed projects.

(e)  Consideration of how the options addressed in paragraphs (a) and (b) serve the public interest or save costs overall by preventing the loss of natural resources or avoiding greater future expenditures for water resource development or water supply development. However, unless adopted by rule, these considerations do not constitute final agency action.

(f)  The technical data and information applicable to the planning region which are contained in the district water management plan and are necessary to support the regional water supply plan.

(g)  The minimum flows and levels established for water resources within the planning region.

(h)  Reservations of water adopted by rule pursuant to s. 373.223(4).

(i)  An analysis, developed in cooperation with the department, of areas or instances in which the variance provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to create water supply development or water resource development projects.

The water supply development component of a regional water supply plan which deals with or affects public utilities and public water supply for those areas served by a regional water supply authority and its member governments within the boundaries of the Southwest Florida Water Management District shall be developed jointly by the authority and the district.

(3)  Regional water supply plans initiated or completed by July 1, 1997, shall be revised, if necessary, to include a water supply development component and a water resource development component as described in paragraphs (2)(a) and (b).

(4)  Governing board approval of a regional water supply plan shall not be subject to the rulemaking requirements of chapter 120. However, any portion of an approved regional water supply plan which affects the substantial interests of a party shall be subject to s. 120.569

(5)  Annually and in conjunction with the reporting requirements of s. 373.536(6)(a)4., the department shall submit to the Governor and the Legislature a report on the status of regional water supply planning in each district. The report shall include:

(a)  A compilation of the estimated costs of and potential sources of funding for water resource development and water supply development projects, as identified in the water management district regional water supply plans.

(b)  A description of each district's progress toward achieving its water resource development objectives, as directed by s. 373.0831(3), including the district's implementation of its 5-year water resource development work program.

(c)  An assessment of the overall progress being made to develop water supply that is consistent with regional water supply plans to meet existing and future reasonable-beneficial needs during a 1-in-10-year drought.

(6)  Nothing contained in the water supply development component of the district water management plan shall be construed to require local governments, government-owned or privately owned water utilities, self-suppliers, or other water suppliers to select a water supply development option identified in the component merely because it is identified in the plan, nor may the plan be used in the review of permits under part II unless the plan, or an applicable portion thereof, has been adopted by rule. However, this subsection does not prohibit a water management district from employing the data or other information used to establish the plan in reviewing permits under part II, nor does it limit the authority of the department or governing board under part II.

History.--s. 4, ch. 97-160; s. 9, ch. 2004-381.