09 fri 0930 emerging megatrends in water law and policy 2
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09 fri 0930 emerging megatrends in water law and policy 2
- 1. APA Florida 2011 Conference September 7-10 Palm Beach Water Policy Development in Florida
- 8. 9 million acres of wetlands providing a variety of habitat
- 9. Diverse mosaic of landscapes and seascapes5
- 11. Hurricane in 1947 resulted in wide-spread flooding throughout South Florida
- 12. State of Florida requested Federal assistance in 1947
- 13. Congress authorized the C&SF Project in 19486
- 15. 160 major drainage basins
- 16. Over 2,000 water control structures
- 24. Lower East Coast
- 25. Drainage Network
- 27. System Modifications Historic Flow Current Flow 10
- 28. Loss of Everglades to Urban and Agricultural Development 11
- 29. How Ecosystem Impacts Led to Policy Change
- 31. 1.7 billion gallons of water per day is lost to the ocean
- 33. Massive reductions in wading bird populations
- 34. Degradation of water quality
- 35. Loss of native habitat to invasive exotic vegetation
- 36. 70 Federally-listed threatened and endangered species13
- 39. Users must obtain a permit to have a right to use water in FloridaExclusive water management district authority No property right to water Permits expire
- 41. Water quality protection
- 42. Environmental management
- 46. Planning conducted in public process
- 53. Allow for development of water supplyNumerous statutory authorizations or “tools” to manage water in varying conditions to achieve sustainability
- 54. 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
- 56. Enhance water supplies
- 57. Maintain flood control21
- 58. Water Policy in Action
- 59. 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
- 61. Recovery to historic hydrologic functions is not economically or technically feasibleRecovery and prevention strategies must provide for water supply to offset any reductions in permitted withdrawals
- 63. Biscayne aquifer
- 64. Lower West Coast aquifers
- 65. North Fork of the St Lucie River
- 66. Lake Istokpoga
- 68. Everglades
- 71. 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
- 72. What Does a Reservation Do? Prevents new uses from accessing reserved water Existing legal uses that are not contrary to the public interest are protected
- 73. 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
- 77. Level of protection sought for the resource
- 78. Level of scientific information available to support tool
- 79. Legal mandates for use of specific tool (e.g., CERP)
- 81. Rescuing an Endangered Ecosystem:The Plan to Restore America’s Everglades The Central and Southern Florida Project Comprehensive Review Study (The Restudy) July 1999 Comprehensive Everglades Restoration Plan On July 1, 1999, the Secretary of the Army and the State of Florida presented the Plan to Congress Comprehensive Everglades Restoration Plan 34
- 82. 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
- 85. Quantification of water for the natural systemin each project implementation report
- 88. 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
- 89. Kissimmee River Channelization(1962 to 1971) Transformed the 103- mile natural, meandering river and floodplain To a 56-mile straight, narrow and deep canal
- 90. Kissimmee River Restoration Project 1994 - 2014 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
- 91. Kissimmee River RestorationCanal Backfilling Progress Backfilled C-38 Canal Degraded Spoil Area Remnant River Channel 14 miles of C-38 Canal backfilled 24 miles of continuous river channel restored Approximately 15,000 acres of floodplain habitat restored Remnant River Channel New River Connection
- 92. Kissimmee River RestorationResponse: Floodplain Vegetation Pre-restoration Post-restoration
- 93. Kissimmee River RestorationResponse: River Channel Vegetation Pre-restoration Post-restoration
- 94. Questions?
Notas del editor
- Designed for (1948) projected population of 2 million by 2000Current population in Project area is around 6 millionNo longer effectively meets environmental and water supply needs of regionCurrent (1995) projected population is 12-15 million by 2050
- MFL’s, 1 in 10 LOC for environment and users, Plan formulation and look at all of these factors, the projects and operations, water shortage triggers were all adjusted to meet a 1 in 10 LOC for
- It is no small trick to achieve sustainability of water resource in Florida because rainfall is so variable &, especially with surface water sources like Lake Okeechobee. Must first appreciate the nature of resource to understand LOC & then how statutory tools used to implement management strategies in differing resource conditions
- In addition to consumptive use protectionsRestricted Allocation Area RulesEverglades/Loxahatchee Water BodiesLake Okeechobee Service AreaWater ReservationsCaloosahatchee River in progress Most water resources covered by one of these toolsIn some cases, more than one tool can apply to a water bodyWater Conservation Areas & ENP: MFL and RWARSt Lucie River/Estuary: MFL and ReservationLake Okeechobee: MFL and LOWARNorth Fork of Loxahatchee River: MFL and RWAR
- Minimum Flows and Levels identify point at which further withdrawals will cause “significant harm” to the water resources of the area.
- Minimum Flows and Levels identifies the point at which further withdrawals will cause "significant harm" to the water resources or ecology of an areaLake Okeechobee, Everglades, Caloosahatchee Estuary are subject to recovery plans. Each water body for which an MFL is set has specific water resource functions and a recovery period that are defined in a technical support document for that water body. MFLs are set for surface waters and for aquifers. Prevention or recovery strategies are determined on whether the water body is above or below the mfl as required by 373.0361 FS, and these water supply development strategies can be found in the designated water supply plan.Significant Harm means the temporary loss of water resource functions, which result from a change in surface or ground water hydrology, that takes more than two years to recover, but which is considered less severe than serious harm….” (Chapter 40E-8.021(24), F.A.C.)Mention LOK recently transitioned from Prevention to Recovery due to USACE new LOK regulation schedule
- 373.223(4) provides: “The governing board or the department, by regulation, may reserve from use by permit applicants, water in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. Such reservations shall be subject to periodic review and revision in the light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest”Focus- Protection of Fish and WildlifeUnder what circumstance can a reservation be used?Aid in a recovery of prevention strategy for a water resource with an established minimum flow and levelAid in restoration of natural systems which provide fish and wildlife habitatProtect flow or levels that support fish and wildlife before harm occursProtect fish and wildlife within an Outstanding Florida Water, an Aquatic Preserve, a state park, or other publicly owned conservation lands with significant ecological valuePrevent withdrawals in any other circumstance required to protect fish and wildlife
- As mentioned earlier, the legislature has found protection and restoration of specific natural areas to be in the public interest. The Governing Board can also make the determination of what constitutes the public interest (e.g., CFCA protection of groundwater resources from harm). In addition, the District has utilized the statutory authority to establish MFL recovery strategies as the basis for these types of rulemakings (e.g., MFL recovery strategy for the Everglades and Loxahatchee River). or can be interpreted by the Governing Board based on facts for a given situation where other types of rules may not be adequate
- After six years of planning, engineering and conceptual level design, with an enormous amount of agency, stakeholder and public involvement, the Comprehensive Plan was completed and delivered to Congress on July 1, 1999.Congress approved the plan as a framework for Everglades restoration and conditionally authorized ten projects
- MFL’s, 1 in 10 LOC for environment and users, Plan formulation and look at all of these factors, the projects and operations, water shortage triggers were all adjusted to meet a 1 in 10 LOC for