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Winter 2011
IN THIS ISSUE
Florida Water Law Update
d&G Lawyer News
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The CFWI – A Study in Cooperative Water Resource Regulation
By: Nicolas Q. Porter
The boundaries of the South Florida Water Management District (SFWMD), the Southwest Florida Water Management District (SWFWMD), and the St. Johns River Water Management District (SJRWMD) all intersect in densely populated central Florida. In 2006, as a result of concerns over groundwater supply and litigation between SFWMD and SJRWMD regarding the issuance of a consumptive use permit to Orange County Utilities, the three water management districts agreed to the Central Florida Coordination Area (CFCA) Action Plan. The CFCA Action Plan called for the three districts to work together to determine the quantity of groundwater available for consumptive use in the region. In the interim, the three districts adopted a temporary rule limiting permitted use to an amount equal to each user’s projected 2013 water demands. Any additional water demands would have to be met using non-traditional sources, such as surface water, desalinated seawater or reclaimed water. The interim rules are scheduled to expire on December 31, 2012.
Shortly after the CFCA rule was adopted in 2008, the region experienced significant economic slowdown, which resulted in substantially smaller growth projections. For many permitted users, their 2013 projected demands became their 2018 or even 2020 water needs. Thus, the rush to develop new, expensive alternative water sources slowed to a trickle.
Then, in 2010, the Florida Legislature adopted HB 1565, which requires legislative ratification of any agency rule which costs the regulated community more than $200,000 a year for five years in additional compliance expenses. As a consequence, it no longer was feasible for the water management districts to simply extend the interim rules prior to their expiration.
The economic slowdown coupled with the limitations imposed by the Legislature on new rules has forced water users and regulators to work cooperatively to address the problem. The result has been the Central Florida Water Initiative, in which the three districts, the Department of Environmental Protection, the Department of Agriculture and water users are working together to evaluate the technical issues and develop economically sound policies for addressing the water supply problems of the region. This process is expected to take at least two years to complete. However, at the conclusion of this procedure, both sides hope to forge a consensus on how to ensure a long-term water supply for the region.
We at de la Parte & Gilbert have extensive experience dealing with the CFCA and other regional water supply issues. For more information please contact Nicolas Porter at nporter@dgfirm.com.
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