Section 373.227(4), Florida Statutes, allows the water management districts to amend their Basis of Review for Consumptive Water Use Permits for Public Water Suppliers to include provisions for “Goal Based Water Conservation Plans”. The multi-year ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-20.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: Section 373.227(4), Florida Statutes, allows the water management districts to amend their Basis of Review for Consumptive Water Use Permits for Public Water Suppliers to include provisions for “Goal Based Water Conservation Plans”. The multi-year effort, known as Conserve Florida, has produced work products detailed in the Florida Department of Environmental Protection’s (FDEP) December 2005 “Report to the Legislature on Progress in Implementing the Comprehensive Statewide Water Conservation Program Required by Section 373.227, Florida Statutes”. The proposed rule revisions bring the District into compliance with provisions of FDEP’s Chapter 62-40, F.A.C., concerning water conservation in public water supplies.
SUBJECT AREA TO BE ADDRESSED: Water conservation in public water supplies.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: August 31, 2006, 1:00-3:00 p.m.
PLACE: South Florida Water Management District Lower West Coast Regional Service Center, Auditorium, 2301 McGregor Blvd., Fort Myers, Florida 33901
DATE AND TIME: September 7, 2006, 1:00-3:00 p.m.
PLACE: South Florida Water Management District, Fort Lauderdale Field Station, Field Station Conference Room, 2535 Davie Road, Davie, Florida 33317
DATE AND TIME: September 15, 2006, 1:00-3:00 p.m.
PLACE: South Florida Water Management District, Orlando Service Center, Shingle Creek Conference Room, 1707 Orlando Central Parkway, Suite 200, Orlando, FL 32809
Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based. Persons with disabilities or handicaps who need assistance may contact the South Florida Water Management District Clerk's Office, [phone] at least two business days in advance to make appropriate arrangements.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bruce Adams, Water Conservation Officer, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], extension 6785 or [phone] (email: [e-mail]). For procedural issues, please contact Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], extension 6299 or [phone] (email: [e-mail]).

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-20.091 Publications Incorporated By Reference

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ________ August 31, 2003” is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, ________.

(The following represents proposed changes to the document entitled “Basis of Review for Consumptive Use Permit Applications within the South Florida Water Management District – August 31, 2003” incorporated by reference in Rule 40E-20.091, F.A.C.)

 

2.6.1 Water Conservation Plans

All public water supply utilities applying for an individual permit are required to develop and implement a water conservation plan. If a utility demonstrates a per capita of 150 or below, and the conditions specified in section 2.6.3 do not exist, the utility may submit a goal based conservation plan.

The water conservation elements of either each plan need to be identified as part of the application. A timetable outlining the implementation schedule of each of the required conservation elements will be required to be submitted or shown to already exist prior to issuance or renewal of a public water supply water use permit. The conservation plan shall be prepared and implemented for the service area incorporating, at a minimum, the following mandatory components. For those components which require ordinance adoption, such ordinance should incorporate the entire boundary of the enacting jurisdiction. The Permittee shall provide a copy of the ordinances for each of the mandatory elements for which ordinances are adopted. If the utility is not submitting a goal based conservation plan, tThe mandatory water conservation elements are as follows:

A through I. No change.

2.6.3 Per Capita Daily Water Use

Per capita daily water use is a guideline used to measure the reasonable withdrawal requests of public water supply applicants for an individual or general permit. Per capita water use includes population-related withdrawals associated with residential, business, institutional, industrial, miscellaneous metered, and unaccounted uses. The average per capita daily use rate is calculated for the last five years or period of record, whichever is less, by dividing the average daily water withdrawals for each year of record by the permanent or seasonally adjusted population served by the utility for the same period of time. The per capita use rate that is most representative of the anticipated demands, considering the water conservation plans required by criteria in section 2.6.1, shall be identified and used for water demand projection purposes. The historical demand patterns may not always be appropriate for projection purposes. This may occur when there are current large users whose growth is not related to population, or when future development may take on characteristics very different than those of present development. In such cases, alternative per capita estimates, such as a design per capita based on dwelling unit type, population characteristics, seasonality of the population and comparison with adjacent similar developments, shall be presented accompanied by necessary documentation. If no historical water use data exists or in the case of proposed developments, a design per capita use shall be used based on the above alternative criteria. If a utility has a pPer capita daily water use greater than 150 200 gallons per capita per day (gpcd), the utility must submit the following: must be supported with additional information explaining the rate of use.:

(1) A standardized water conservation goal based plan using the Conserve Florida Water Conservation Guide which contains a menu of affordable and effective water conservation practices to assist public water supply utilities in the design and implementation of goal-based, utility-specific water conservation plans tailored for their individual service areas as provided in subsection (3).

(2) The utility shall perform a water use audit which includes:

(a) identification of existing rate structures

(b) identification of large users

(c) identification of water loss in the system

(d) per capita use rate

(e) a deion of pressure distribution and stabilization

(f) comparison of actual use with SFWMD allocation criteria by types of use

(g) water source types and distribution of water by source,

(h) use of reclaimed water

(i) usage, and/or use of alternative water supply sources

(j) existing water conservation program and history of efforts, including demand reductions.

(k) identification of presence of saltwater intrusion/upcoming

(l) a deion of the dependence on the regional system

(m) a deion of regional interconnects and quantities

(3) A goal based water conservation plan:

(a) identifying areas of potential reduction, especially identified areas of inefficiencies.

(b) adoption of a water conservation goal determined by the applicant and approved by the SFWMD.

(c) a listing of implementation elements that will achieve the water conservation goal, including 5-year program milestones, projects, educational campaigns with a timeline and schedule.

A utility must also submit the documents identified above as requirements of a goal based plan if it demonstrates a per capita of 150 or below and the following conditions exist:

(1) high growth rate

(2) a history of water shortage

(3) substantial change in projected water use characteristics in the service area

(4) service area is located in an area of critical concern

PERMIT ISSUANCE – LIMITING FACTORS/ CONDITIONS PROPOSED BY THE APPLICANT

The utility must provide reasonable assurance that the plan will achieve effective water conservation at least as well as the mandatory water conservation requirements adopted by the district, and is otherwise consistent with Section 373.223, F.S. If the utility fails to meet the goals, the 20 year permit may be revoked and it may revert to a 5 year permit.