Municipal Water Leader April 2017

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Volume 3 Issue 4

April 2017

Improving Water Efficiency and Opportunity: A Conversation With Miami–Dade Water and Sewer Department Director Lester Sola


The Florida Issue By Kris Polly

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n other parts of the country, especially the arid West, it is hard to believe that Florida deals with significant water supply issues. Rain is abundant—upward of 50 inches a year on average in parts of the state—and freshwater lakes and rivers abound. However, the state relies heavily on its aquifers for supply and is subject to seasonal precipitation. Currently, Floridians are grappling with a prolonged drought. In this issue of Municipal Water Leader magazine, we look at municipal water management in Florida. Two themes common to the stories and interviews throughout this issue are conservation and diversification of water supply portfolios. Florida is a groundwater-dependent state, and its water managers are investing in ways to make existing supplies go further and to create new ones. In our cover interview, we talk with Miami–Dade Water and Sewer’s Lester Sola, who is overseeing a massive capital improvement plan to address the county’s growing population. As he puts it, “A lot of investment is required to have the kind of infrastructure needed for true growth.” Miami–Dade County has had to rely heavily on the Biscayne aquifer to meet its water needs, and Mr. Sola is leading his department in its efforts to ease use of the aquifer, recharge it, and tap into brackish water sources. Regional supply solutions are common throughout the state. The Conserv II project has been serving central Florida’s residential and agricultural water needs for more than 30 years. The project distributes reclaimed water from wastewater reclamation facilities in Orange County and Orlando. For Orange County Utilities’  Todd Swingle, “Projects like Conserv II illustrate the results that we can achieve by innovation through effective partnership.”

Hillsborough County, which includes the city of Tampa, has been collaborating with other municipal and county entities as part of Tampa Bay Water. The county’s public utilities director, George Cassady, discusses regional efforts to create a master plan for water supplies. Patrick Lehman of the Peace River Manasota Regional Water Supply Authority, which serves multiple counties south of Tampa, discusses regional efforts to create a water grid through aquifer storage and interconnecting infrastructure. We also talk to Dr. Ann Shortelle, executive director of the St. Johns River Water Management District, one of five state-created agencies that oversee water management and protection. Dr. Shortelle sheds light on northeastern Florida’s efforts to coordinate groundwater use among water entities and to sustain supplies for domestic and agricultural water users and the environment. Finally, Murphy Parks and George Kelley of Freese and Nichols discuss some of the lessons learned about dam risk assessment after the erosion of the spillway at Oroville Dam. We also have an update on the litigation surrounding water supplies on the Apalachicola–Chattahoochee–Flint River basin. We hope this issue of Municipal Water Leader provides some insight into how Florida’s water managers work together to solve long-term supply issues. Kris Polly is editor-in-chief of Municipal Water Leader and Irrigation Leader magazines. He is also president of Water Strategies LLC, a government relations, marketing, and publishing company he began in February 2009 for the purpose of representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted at Kris.Polly@waterstrategies.com.

The Water and Power Report www.WaterAndPowerReport.com The Water and Power Report is the one-stop aggregate news site for water and power issues in the 17 western states. Sign up for the free “Daily” service to receive e-mail notice of the top headlines and press releases each business day. 2

Municipal Water Leader


APRIL 2017

C O N T E N T S 2 The Florida Issue By Kris Polly

VOLUME 3 ISSUE 4 Municipal Water Leader is published 10 times a year with combined issues for July/August and November/December by Water Strategies LLC 4 E Street SE Washington, DC 20003 STAFF: Kris Polly, Editor-in-Chief John Crotty, Senior Writer Matt Dermody, Writer Robin Pursley, Graphic Designer Capital Copyediting LLC, Copyeditor SUBMISSIONS: Municipal Water Leader welcomes manuscript, photography, and art submissions. However, the right to edit or deny publishing submissions is reserved. Submissions are returned only on request. For more information, please contact John Crotty at (202) 698-0690 or John.Crotty@waterstrategies.com. ADVERTISING: Municipal Water Leader accepts one-quarter, half-page, and full-page ads. For more information on rates and placement, please contact Kris Polly at (703) 517-3962 or Municipal.Water.Leader@waterstrategies.com. CIRCULATION: Municipal Water Leader is distributed nationally to managers and boards of directors of water agencies with annual budgets of $10 million or more; the governors and state legislators in all 50 states; all members of Congress and select committee staff; and advertising sponsors. For address corrections or additions, please contact our office at Municipal.Water.Leader@waterstrategies.com. Copyright 2017 Water Strategies LLC. Municipal Water Leader relies on the excellent contributions of a variety of natural resources and water industry professionals who provide content for the magazine. However, the views and opinions expressed by these contributors are solely those of the original contributor and do not necessarily represent or reflect the policies or positions of Municipal Water Leader, its editors, or Water Strategies LLC. The acceptance and use of advertisements in Municipal Water Leader do not constitute a representation or warranty by Water Strategies LLC or Municipal Water Leader magazine regarding the products, services, claims, or companies advertised.

COVER PHOTO: Lester Sola, director, Miami–Dade Water and Sewer.

Municipal Water Leader

4 Improving Water Efficiency and

Opportunity: A Conversation With Miami–Dade Water and Sewer Department Director Lester Sola

10 Reclaimed Water, Partnerships Provide Promising Solutions in Orange County

14 Assessing Dam Risks After Oroville 18 Collaborating With Cities and

Counties in Central Florida: A Conversation With George Cassidy of Hillsborough County

DISTRICT FOCUS

22 Peace River Manasota Regional

Water Supply Authority: Growing Water Storage for a Growing Economy

By Patrick Lehman

MANAGER PROFILE

26 Pushing the Envelope of Water

Management in Northeastern Florida: A Conversation With Dr. Ann Shortelle of the St. Johns River Water Management District

WATER LAW

34 Water Wars Revisited: An

Update From the Apalachicola– Chattahoochee–Flint River Basin 3


Improving Water Efficiency and Opportunity: A Conversation With Miami–Dade Water and Sewer Department Director Lester Sola

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ging and inadequate water infrastructure is a persistent issue throughout the country, and Miami–Dade County, Florida, is no exception. Many of Miami–Dade’s water and wastewater systems are decades old and unable to support the county’s current and future population. Lack of infrastructure can lead to loss of jobs and economic opportunity, so Miami–Dade County has committed to making the necessary improvements to its water and wastewater systems. Miami–Dade Water and Sewer Department Director Lester Sola has been instrumental in establishing and implementing the county’s plan for improved water infrastructure. Mr. Sola spoke with Municipal Water Leader’s editor-in-chief, Kris Polly, about the need for upgrading water systems, the investments and vision the county’s leaders have made to bring about change, and how improved infrastructure will fuel economic growth well into the future.

We have worked with state regulatory agencies to use alternate supplies. Any new water treatment plant constructed in the future will have to use the Floridan aquifer, which is approximately 1,000 feet below ground. The aquifer is brackish water, so we will have to employ different treatment techniques to remove the salinity and make the water useable for our customers. Conservation efforts have also been a key factor in our success in recent years. We invested heavily in conservation and are now reaping the benefits by reducing our daily per capita water use from 155 gallons to 141, even as our population has continued to grow.

Kris Polly: Can you provide a brief overview of your service area and the infrastructure that serves it?

Lester Sola: I think we do a great job considering the age of our plants and system. The oldest plant was built in the 1920s and is still providing high-quality water today. The newest treatment plant was built in the 1960s. Our employees do an outstanding job of maintaining the water treatment plants and the wastewater plants. The county’s pipe and transmission infrastructure dates back to the 1920s, a fact that has led the mayor and the board of county commissioners to support a capital improvement plan to update and modernize those systems. Our leaders understand that inadequate or outdated water infrastructure can deter

Lester Sola: Miami–Dade County has a population of approximately 2.3 million residents but also hosts millions of visitors each year. The Water and Sewer Department handles 95 percent of those customers, both residents and visitors. There are a few cities that produce their own water, but even they are buying water from us. Our system also handles most of the county’s wastewater treatment. We have three large water treatment plants throughout the county, five smaller water treatment plants, and three wastewater treatment facilities. There are also 14,000 miles of pipe and more than 1,000 pump stations across the county that move the water and wastewater to where it is needed. Within the next 2 years, Miami’s population will grow to nearly 2.7 million residents, which is why we are continuing with our capital development program.

Kris Polly: What is the current state of your water infrastructure?

Kris Polly: What are some of the biggest water supply and delivery challenges that you face in Miami–Dade? Lester Sola: The expansion of Miami and the accompanying growth of the population have forced us to determine how we will provide enough water to meet such high levels of demand. The big challenge for us is having sufficient sources of water supply. We have traditionally relied on the Biscayne aquifer and are permitted 349.5 million gallons of water per day from it, but we will not need that full amount. 4

WASD crews perform maintenance on a large-diameter pipe.

Municipal Water Leader


people and businesses from moving to the area, so they have committed to making the proper investments to make us a competitive place for industries and people to move to. Kris Polly: How is the financing organized to pay for the capital improvement programs you mentioned? Lester Sola: We benefit from exceptionally low water rates here. Residents in neighboring counties pay much more for water and wastewater services. We have invested nearly $1 billion in the past 2 years, and we will invest another $12 billion in our capital improvement plan over the next 15–20 years. The challenge is doing so without raising rates to levels that will be comparable to neighboring counties. Our residents have been accustomed to low rates for many years, so we would be hard pressed to justify dramatic rate increases. We have been aggressively pursuing grants, state revolving loans, Water Infrastructure Finance and Innovation Act funding, and any other option that will allow us to complete the projects with a minimal burden on our customers. Kris Polly: Besides the brackish water desalination, what other kinds of water supply projects are you exploring? Lester Sola: The desalination and development of the Floridan aquifer are our primary water supply projects, but there is a mandate from the state to remove our two ocean outfalls and replace them with deep-water injection. That mandate also requires us to

WASD crews installed a 36-inch water main as part of the Capital Improvement Plan. Residents will benefit from improved and expanded reliability in south Miami–Dade County’s water distribution area, as well as system redundancy in times of emergency. Water pressure will be improved and there will be the added benefit of increased fire suppression capabilities. The $10 million project was recently completed.

Municipal Water Leader

WASD coordinates with municipalities and other utilities when upgrading CIP projects to minimize negative effects on the community. The department replaced a nearly-80-year-old water line with a new 16-inch water line and installed additional fire hydrants to improve the city of Coral Gables' fire suppression capabilities. The municipality was already conducting streetscape improvements.

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WASD crews replace an over-40-year-old sewer line at the Central District Wastewater Treatment Plant. The new 12-inch line will allow staff to use flush water instead of potable water for various tasks at the plant.

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use up to 60 percent of reclaimed water. We are not currently looking to redistribute that water to our residents because the cost would be prohibitive. We are surrounded by Biscayne and Everglades National Parks, which provides us with an opportunity to replenish Biscayne Bay with freshwater and to replenish the aquifer by using the Everglades as a last treatment process. We are currently looking into both those options. Kris Polly: Would there be some kind of delivery system to Everglades that allows the water to outfall and recharge the aquifer naturally?

supported our rate increases to fund projects. Wastewater services cannot be the sole responsibility of counties or utilities. The issue is too important for the state and federal governments to not be involved, and we need them to work with us as partners to provide these services. Financing, regulatory reform, and any other tool that state and federal legislators can provide us will be vital to ensuring that we can manage and upgrade the water and wastewater systems effectively.

Lester Sola: That is being considered as part of our capital improvement plan. Our current treatment plants are near the bay so water can be discharged into the ocean, but we have been eliminating those ocean outfalls. The new wastewater treatment plant will be built inland in the western part of the county. We are moving away from the coastline to protect the ocean and mitigate against sea level rise. The new plant could be located close enough to some wetlands to do filtration and recharge of the Biscayne aquifer. Kris Polly: What are some of the key lessons you have learned in the process of trying to diversify your water portfolio and make it sustainable? Lester Sola: Historically, the Biscayne aquifer was the focus of water supply efforts and was regarded as being a perpetual source. That mentality had to change as water use grew exponentially and eventually reached the point at which we nearly withdrew our full permitted amount of water—this raised alarm bells and necessitated change. We committed to find ways to eliminate loss in our water system. Education has also been part of this strategy. We have partnered with schools and other community organizations to teach the importance of conserving water. We have established rebate programs to encourage customers to upgrade showerheads, toilets, and other appliances with more efficient ones. Expanding our water supply sources is also important and has led us to make investments in the Floridan aquifer. Kris Polly: What should every member of Congress and state legislator know about water management in Miami– Dade County? Lester Sola: A lot of investment is required to have the kind of infrastructure needed for true growth. It has not been easy, but our board and our mayor have persevered and Municipal Water Leader

A WASD inspector reviews the progress at a pump station construction site.

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Reclaimed Water, Partnerships Provide Promising Solutions in Orange County

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ecessity often inspires cooperation and innovative solutions. Such is the case in the central Florida region, which includes Orange County, Florida. The area has grown in recent decades, which has inspired water providers to work together to find new ways to conserve and reuse water. Florida is recognized as a leader in reclaimed water, and Orange County Utilities (OCU) has been one of the agencies at the forefront of this effort. OCU’s service area is largely located within unincorporated Orange County and serves approximately 500,000 people in addition to commercial developments and the tourism sector, which included over 66 million visitors to the region in 2016. The utility primarily relies on groundwater from the Floridan aquifer for its supply, and produces 60 million gallons of potable water per day. Additionally, OCU treats wastewater from over 148,000 connections. The existing water and wastewater systems have six regional Aerial view of the Conserv II rapid infiltration basins. plants as well as a number of additional satellite facilities. The utility includes over 4,300 miles of pipelines. The pipes are predominantly a combination of is incredible. The project’s ductile iron and PVC, with PVC becoming more common continued success is built on a in recent years. foundation of partnership and As the region has grown, so has the need to provide innovation that continues to sustainable water resource solutions. In central Florida, serve as a roadmap for planning this translates to water conservation, reclaimed water, and the operations of our utility.” alternative water partnerships. OCU’s most significant The Conserv II project water conservation and reuse program is called Conserv II. distributes reclaimed water The project began 30 years ago as a partnership between received from two wastewater Orange County and the city of Orlando to expand reclamation facilities, one owned Todd Swingle, Orange County Utilities. wastewater treatment services and reduce surface water by OCU and one owned by discharge. the city of Orlando. All wastewater sent to Conserv II is Conserv II was originally developed to supply treated to public access reclaim standards. Conserv II has a agricultural water reuse for local citrus farmers, but capacity of over 70 million gallons per day (MGD) and is over time has transitioned toward servicing agricultural, currently distributing over 30 MGD of reclaimed water for commercial, and residential customers. When reviewing beneficial uses in the region. Since its inception in 1985, the the Conserv II water program, OCU’s Todd Swingle said, project has supported the beneficial reuse of over 300 billion “The vision of our leaders in developing a project that has gallons of water. adapted with changes in the region over the last 30 years The Conserv II project has two primary components. 10

Municipal Water Leader


First, it supplies reclaimed water for a multitude of uses, including agricultural, residential and commercial irrigation, as well as industrial uses and even fire suppression. The second component consists of eight rapid infiltration basin (RIB) sites that include 150 RIB cells. The RIBs give the Conserv II partners flexibility to manage variability in reclaimed water demand while achieving a significant additional beneficial use: groundwater recharge. The location of the project in an ideal recharge area helps sustain the Floridan aquifer for the region. According to Mr. Swingle, “Conserv II is one of the most critical components of our water supply management approach.” Today, OCU continues to build on the foundation set by Conserv II by focusing on partnerships and innovation, whether in large-scale projects like Conserv II or in the smaller but equally important opportunities of partnering with customers. Similar to many utilities, OCU has a history of providing conservation incentives in the form of programs offering free or discounted low-flow toilets, showerheads, and fixtures. To enhance these efforts, OCU recently launched a Water Wise Neighbor Program to educate single-family homeowners about best management practices for maximizing water efficiency in new and existing homes. Supported by a matching grant from the St. Johns Water Management District, the project goes beyond a model that simply provides conservation devices to one that, according to Mr. Swingle, “focuses on engaging and educating our customers on the benefits and opportunities for water conservation in their homes, while

providing access to conservation devices.” As the utility looks for future creative solutions to manage, reuse, and conserve water, enabling innovation is essential. The water industry is continuing to evolve with continuing technology development and integrated water management solutions at the forefront of sustainable water resources planning. Mr. Swingle added that enabling innovation through partnerships with other utilities, the regulatory community, and stakeholders will remain central to OCU’s planning efforts. “Projects like Conserv II illustrate the results that we can achieve by innovation through effective partnership,” he said. “I am excited to see what the future holds as we build on this effective foundation.” Conserv II provides reclaimed water for commercial irrigation.

Conserv II water reclamation facility.

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Assessing Dam Risks After Oroville

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hen assessing risks associated with dams, owners and operators look to factors affecting the integrity of the structure itself as well the potential downstream consequences associated with breach or failure. Risks associated with the structure itself include age, maintenance, and operational practices. Viewed in light of events that can precipitate dam incidents, additional risk factors include extreme rainfall events, seismic activity, latent structural defects, weak foundation layers, or unfiltered zones built into an embankment. There are also downstream risks to communities if a dam fails: loss of life, economic loss, and environmental destruction.

Recent Events at Oroville

The state of California recently had to grapple with the risks from both of those perspectives. Oroville Dam in Northern California is the tallest dam in the United States and has a maximum storage capacity of 3.5 million acrefeet. Owned and operated by the California Department of Water Resources (CDWR), the 770-foot earthen dam is a critical element of the California State Water Project, supplying water providers and farmers on the south side of the Sacramento River delta. This past February, after a period of torrential rain, excess water flowed from the reservoir down the dam’s concrete spillway. With flows at 50,000 cubic feet per second, the soil under the spillway eroded, cratering the structure and forcing dam operators to stop the release of water. When reservoir levels began to rise, water flowed over the dam’s emergency spillway, which is composed of a concrete weir structure and a natural overland spillway leading to the Feather River. Water eroded the emergency spillway, as it was designed, but the erosion also threatened to damage the concrete weir and, potentially, the dam. The damage had the potential to inundate nearly 200,000 downstream residents, so the CDWR evacuated the population as part of its emergency action plan. The dam maintained its integrity, and residents were able to return home when the reservoir levels stabilized. Although the jury is out on all the lessons to be learned from the Oroville incident, there are already some concrete takeaways. George Kelley, PE, SE, senior water resources engineer at Freese and Nichols, Inc. (FNI), noted that there are a lot of things worthy of the attention of dam owners. “First, if the dam is inspected and its operations are evaluated routinely, and there are issues that are raised, those should be prioritized for correction so they do not become larger problems. Second, Oroville showed how important the

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George Kelley.

Murphy Parks.

planning and execution of emergency evacuation plans for downstream areas can be.” “On the engineering side,” said Murphy Parks, PE, FNI principal and water resources design practice leader, “when water flowed through the service spillway, causing erosion, the emergency spillway engaged—that is what it is supposed to do. That part of the system worked as intended.”

Purpose and Risk

There are a few specific beneficial purposes for which dams are generally built and operated, such as water supply, flood control, hydropower, recreation, or some regulation of rivers or streams. All those purposes can affect risk assessments as the loss of these benefits is threatened. For instance, according to Mr. Kelley, “For a flood control dam, you will have to consider a range of flooding situations that might exceed the normal flooding level of a site.” In the case of Oroville, “[it] was built as a multipurpose dam with a major purpose to contain water supply, but is also operated for flood control and can therefore regulate the flow of a certain amount of water. Operating the dam for controlling floods caused by runoff presented different cases of hydrology and flooding that would be considered for the risk assessment. Many of the risk factors would be the same, but there are some differences to consider when assessing what could go wrong with the dam or its operation.” Mr. Parks added, “Different people have different perspectives on what risk assessments and risk decisionmaking looks like. When talking about a possible breach, there is an immediate short-term concern about protecting people downstream. In a case in which evacuation has addressed that need, there could still be longer-term issues related to the reservoir, such as potential losses of water supply, hydropower, or recreation. The first priority is always to evacuate people out of harm’s way, but Municipal Water Leader


longer-term consequences also have to be taken into account, and those often relate to the original purpose of the dam.”

Building Climate Uncertainty Into Assessment and Practice

Although assessing the risks of climate variability has been a more recent phenomenon in infrastructure planning efforts, risk assessments in dam design, maintenance, and operations have regularly contemplated the types of factors involved with extreme weather events and variable levels of precipitation. Mr. Kelley noted, “Traditionally, climate change was not something that was thought about very much when doing risk analysis, but that is beginning to change. There are not many state or federal agencies that are putting actual climate change factors Water flowing from the eroded overflow spillway of Oroville Dam. into their regulations, but they are Photo credit: California Department of Water Resources. starting to consider it.” measures are being practiced and to help instill dam safety “[State and federal dam regulatory bodies] traditionally confidence in downstream communities. focused on the long-term effects, but in the 1980s, there “Owners need to perform regular, thorough inspections were changes in standards for the determination of of the dam to assess the physical conditions. If problems probable maximum precipitation. We also had to consider are found, owners should address them as soon as possible. seismic activity in certain areas for the first time. Extreme Owners should also maintain and operate the dam changes in weather were considered in almost a default properly, particularly those with gates or other systems manner, as we gradually evolved standards over time. But that allow for the regulation of the release of water. we are beginning to assess how it will affect our overall Dam evaluations should also be updated routinely in operations as well.” order to keep up with changes in criteria, standards, and According to Mr. Parks, the dam safety industry regulations.” as a whole is based on extreme events. “For example, 2010–2012 was a very dry time in the Texas area. Drought Informed Decisionmaking reduced water levels to a lower point than normal, but we Dam owners, especially those in a municipal setting, urged owners to take the opportunity to go and inspect should be conducting breach analyses. A breach analysis parts of the dam that are otherwise underwater. We provides a representation of the downstream effects of a encouraged owners to be opportunistic and look for ways dam failure and is critical to informing decisions about to add value, even in seemingly difficult times of drought. testing, operations, and safety. The uncertainty and extremity of climate is somewhat Mr. Kelley recommended, “They should try their best inherent in regulations.” to understand the hazards that exist for their projects, the unique soil and hydrology conditions they may have to deal Testing for Risk Factors with, and try and examine how the dam has performed in When Oroville’s emergency spillway was engaged, it the past in order to anticipate how it will perform in the was the first time it had been used since it was completed future.” in 1968. For dam owners, the only way to assess whether Mr. Parks agreed, “A breach analysis can cover a large critical emergency infrastructure will work as designed is portion of the risks and, combined with a flood study, can through testing. form the core of many emergency action plans for dams. It Mr. Kelley checked off a list of to-dos for every dam is necessary to map out the worst-case scenario.” owner to follow to help ensure that the highest of safety Municipal Water Leader

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Collaborating With Cities and Counties in Central Florida: A Conversation With George Cassady of Hillsborough County

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ompeting with neighboring counties and cities for water supply is difficult. Cooperating with them to allow all stakeholders to obtain the water they need is even more difficult, but that is what Hillsborough County, Florida has done. The county has worked in conjunction with nearby counties and cities to be part of Tampa Bay Water; this collaboration has allowed for improved water supply management across the region and has also allowed Hillsborough County to focus on the future and sustain the anticipated population growth it will experience in the coming years. Public Utilities Director George Cassady has been in the water industry for 34 years and has helped move Hillsborough County along the path toward better cooperation and sustainability. Mr. Cassady spoke with Municipal Water Leader’s senior writer, John Crotty, to discuss how Hillsborough County became part of Tampa Bay Water, how doing so has benefitted the county’s efforts to supply its customers with the water they need, and how the county plans to meet the water needs of the future. John Crotty: How does Hillsborough County fit into the Tampa Bay Water system?

George Cassady: The Tampa Bay Area has seen considerable population growth over the past 30–40 years, and this growth has stressed water supply resources. Early on, we relied on groundwater as the primary source of our drinking water, but overpumping caused considerable difficulties between cities and counties over water supply and resources. Not only were permitted withdrawals at issue, but we started to see environmental effects. Lake levels were drawn down, wetlands dried up, and groundwater levels were negatively affected. This led to the water wars of the 1980s and early 1990s, when cities and counties fought over water rights. In the late 1990s, the state of Florida stepped in and created a water authority, Tampa Bay Water, to

Hillsborough County Lake Park Water Treatment Plant (WTP). 18

Municipal Water Leader


manage the source and supply so that all parties would have an equal share and develop long-term plans to meet the needs of municipalities. Hillsborough County is a member government of Tampa Bay Water, along with Pasco County, Pinellas County, and the cities of Tampa, St. Petersburg, and New Port Richey. The relationship between the member governments and Tampa Bay Water is established under an interlocal agreement that details the terms under which they operate. As part of that interlocal agreement, we turned over all our water production capabilities to Tampa Bay Water, who will ultimately manage and develop whatever additional supply is necessary to supply the member governments. Since the inception of Tampa Bay Water, additional sources of surface water have been developed from local rivers to augment groundwater supplies. A desalination facility has also been built near Tampa Bay that can augment our supply when we have low surface water conditions. Tampa Bay Water also practices wet weather water scalping of surface water supply during wet or rainy seasons, a process by which excess surface water is placed in storage reservoirs for use during dry or drought conditions. We are currently experiencing a dry season that is lasting longer than usual, so this extra supply is helping us endure until we get more rain, hopefully later this year. John Crotty: Are there currently any restrictions on water use due to the dry season?

Salt tanks at the Lake Park Bleach Generator.

Lake Park pump room.

Lake Park main line and ground storage tank. Municipal Water Leader

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Fawn Ridge diesel tank.

George Cassady: Yes. The South Florida Water Management District is a state agency that has authority over water use from the various permitted resources. It has issued a water shortage declaration, which is tied to our lack of rainfall as well as levels of rivers and groundwater. There are four possible phases for these declarations, but we are currently in phase 1. This is just an advisory, letting everyone know that we have gone long enough without rain that everyone needs to practice good conservation and reduce waste whenever possible. There are no restrictions other than on residential irrigation of lawns. John Crotty: What role does the county utility play in the distribution of the source waters managed by Tampa Bay Water? George Cassady: Tampa Bay Water manages the supply; each member government purchases water from it and then distributes to its customer base. With this arrangement, we do not have to worry about having adequate supply; we can focus on distribution to customers. The water we receive from Tampa Bay Water is a highquality product, but we perform a few polishing measures to meet our level of service standards. John Crotty: What kind of infrastructure do you rely on for water distribution? George Cassady: We actually have two distinct service areas. The county is split into a northwest portion and a south-central portion. Those two areas comprise 300–400 square miles. We serve about 600,000 people and are 20

Fawn Ridge pumps.

pumping 70 million gallons of water per day. We are the 4th-largest utility in Florida and about the 50th largest in the country. of?

John Crotty: What materials are your pipes made out

George Cassady: We have a little bit of everything. Fortunately, we have an extremely small quantity of lead pipe in our system and have no issues with lead contamination in our water supply. Our utility system is 50–60 years old, making it relatively new compared to others across the country. Our transmission and distribution system is mostly a mix of PVC and ductile iron pipe. There are some remaining segments of cast iron pipe, as well as concrete. Those are in our replacement program and should be removed in the next 5-year time frame. John Crotty: What are some of the challenges Hillsborough County is currently facing? George Cassady: With the diversified portfolio of water supply options that Tampa Bay Water uses, our water chemistry can have a high level of variability from one day to the next depending on which source it comes from. Our operators have to be attentive to certain supply components that we are sent, to allows us to address issues like disinfection demand, pH balancing, and corrosion control. Groundwater has a particular chemistry that is completely different from surface water or desalinated water, so we have to monitor the source supply closely and Municipal Water Leader


the sources meet at some point in the distribution system, but we do not artificially mix them during treatment. John Crotty: What are some of your near- and midterm goals for the utility?

adjust accordingly. Tampa Bay Water has been a great partner with us in this effort, communicating with us openly. John Crotty: Do you do any water blending, or do you treat single sources at a time? George Cassady: There ultimately is some blending in the line, but it is not homogenously blended by either Tampa Bay Water or by us in a large tank or facility. All

George Cassady: One strong interest we have is sustainability, so we can manage the supply while keeping rates low. We are constantly looking for ways to improve efficiency so we do not have to raise our rates from one year to the next due to increases in demand. We have an obligation to our customers to keep rates reasonable and provide a good value for our services. Another focus is alternative supply options that may include some form of potable reuse. As our county continues to grow, there will be a point at which demand outpaces the natural supply, which will force us to find new supply options. We are working with Tampa Bay Water to develop a master plan for water supply that will guide us for the next 20–30 years, and several of the proposals include potable reuse projects. Getting more customers to drink tap water rather than bottled water is another priority for us. We want to get the message to our customers that the water coming from their tap is just as good, if not better, than what they are buying in a bottle. Traditionally, utilities have been a quiet bunch, staying behind the scenes and performing their work day in and day out. I believe that we should begin telling our story to let our customers know all the hard work and dedication that goes into providing the highquality product we do.

Bleach building at Fawn Ridge. Municipal Water Leader

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Peace River Manasota Regional Water Supply Authority:

Growing Water Storage for a Growing Economy

DISTRICT FOCUS

By Patrick Lehman

A

s Florida’s population has increased over the past few decades, so has its need for water. Accordingly, the Peace River Manasota Regional Water Supply Authority (PRMRWSA) has grown to meet that need, with a focus on expanding our water delivery and storage capabilities. This has allowed us to provide residences and businesses with the water they need to fuel our economy while protecting our aquifers and water resources.

Storage Capabilities

We serve nearly 1 million people across Charlotte, DeSoto, Manatee, and Sarasota Counties on the west coast of Florida, south of Tampa Bay. PRMRWSA was formed in 1981 and purchased the Peace River Facility in 1991 from the General Development Company, which went bankrupt. At that time, the facility’s water treatment capacity was 12 million gallons per day (MGD), and it primarily served Charlotte County. Since then, we have more than quadrupled the facility’s treatment capacity to 51 MGD, and we now serve DeSoto and Sarasota Counties in addition

to Charlotte. Overall, we have invested $400 million over the past 20 years to build the regional system. PRMRWSA pumps water out of the Peace River during periods of high river flow and into our off stream reservoir at a rate of up to 120 MGD. The 30-foot-deep above-ground reservoir is diked and measures over 1 square mile in total area. PRMRWSA also has the largest aquifer storage and recovery (ASR) system in Florida. There are 21 wells, each sized for approximately 1 MGD capacity, and they blend with the reservoir to improve the facility’s storage capability. PRMRWSA stores 6 billion gallons of water in its surface reservoir and 6 billion gallons in the ASR system. Under state regulations, our surface water has to be treated to drinking water standards before it can be injected into the ASR system. We are cooperating with the state on a pilot program to investigate the use of partially treated water for injection. The plan is to fully treat it when it comes out of storage rather than when it goes in. Some of that water remains in the ground when extraction takes place, which provides a partial recharge to the aquifer as an environmental benefit.

The Peace River Water Treatment Facility is capable of producing up to 51 million gallons per day of drinking water to serve the Charlotte, DeSoto, Sarasota, and Manatee County region.

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Municipal Water Leader


An ASR well. There are 21 ASR wells at the Peace River facility in a system capable of storing up to 6.3 billion gallons of water.

Water Above and Below Ground

Florida water suppliers have traditionally relied on groundwater, but 20 years ago the state began to recognize that saltwater intrusion was an issue and that groundwater use needed to be limited. The state set up funding programs and incentives to discourage municipal water users from using groundwater and encourage them to invest in alternative water sources. In addition, Florida has established mandatory minimum flow levels for rivers to protect the environmental health of surface waters in the state. As a result, when the Peace River falls below a certain threshold, all of the flow is reserved for preserving the environment, and we cannot withdraw any of it. This usually happens during the dry season, which extends through the winter and spring months, and it highlights the importance of our storage and reservoir systems. Saltwater intrusion remains an issue in Florida, and the state continues its concerted effort to discourage groundwater use. There has been a push for public water entities to maximize the use of surface water and leave the groundwater for agricultural users. It has also been challenging to build in-ground reservoirs because of the flat geography of our state, but we successfully constructed the regional above-ground reservoir, which was completed in 2009. Given that rain is seasonal here, we fill the reservoir to stockpile water during the summer rainy season so it can be used during the winter and spring dry seasons.

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Growth and Expansion

PRMRWSA’s output has more than quadrupled in recent years to keep pace with the expansion of Florida’s population, which continues to grow by nearly 2 percent annually. We have created a regional transmission system on the supply side and now have 65 miles of largediameter pipelines interconnecting the region. There is also a continuing effort to expand and connect that network with other facilities to provide a reliable backup option in case of a failure. Having a reliable backup is important for our area given the risk posed by hurricanes each year. In 2004, Hurricane Charlie came directly over Charlotte County, causing many facilities to go offline. But because PRMRWSA had worked on a backup system, we were able to transfer treated water to many of those facilities. This helped prove the value of an interconnected system to many people, and they have supported projects to expand it even further. The interconnected infrastructure currently includes all of Charlotte, DeSoto, and Sarasota Counties. Our system’s first expansion started in 1996, and our second, in 2009. The second expansion included the construction of the off stream reservoir. The counties we serve needed the expansion to meet the predicted population growth, and we made a contractual agreement to provide water needed for that to happen. We have adequate water supply today, despite being in the middle of a longer-than-usual dry season, and we are able to meet the growing demand. 23


Future Challenges and Opportunities

Of all the issues facing PRMRWSA, future water supply is the greatest. We are also looking at employing the One Water concept to find better ways to utilize reuse water. Traditionally in Florida, that reuse was directed to lawn irrigation as a means of disposal. In the future, it may move more toward direct reuse. Working with the cities that are not members of PRMRWSA is another challenge for us. It is beneficial and cost effective for everyone to work together and cooperate on future supplies, rather than have each entity compete to develop its own supply systems. A good water supply is critical for economic development, and that common goal is what brings people to the table. If PRMRWSA is to continue expanding and growing, it will be important to build support for new projects from the surrounding communities. Our situation is unique because we wholesale water to our member counties, which

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means that the counties directly manage residential end users. It is important for us to give county leaders the information they need to respond to residents. Another thing we put a lot of effort into is our relationship with the business community. Once the businesses understand the need to invest for the future, they help build the support that we need to move forward. Water supply is an economic driver, and both the state and federal governments would be wise to invest with the local governments in water systems that can boost our economy. Patrick Lehman is the executive director of the Peace River Manasota Water Authority. He has been with the district since 1992 and has served in his current position since 1997. Mr. Lehman can be reached at PLehman@regionalwater.org.

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MANAGER PROFILE

Pushing the Envelope of Water Management in Northeastern Florida: A Conversation With Dr. Ann Shortelle of the St. Johns River Water Management District

F

lorida relies heavily on groundwater to meet the state’s growing demand for water from both agricultural and municipal users. Creative and adaptive solutions are needed to address this challenge. St. Johns River Water Management District’s executive director, Dr. Ann Shortelle, has spent her career finding those solutions. After working in private consulting, Dr. Shortelle became director of water policy at the Florida Department of Environmental Protection. She then served as executive director of the Suwannee River Water Management District for 3 years before assuming her current position. Dr. Shortelle spoke with Municipal Water Leader’s senior writer, John Crotty, about the challenges to providing clean and reliable water supplies in northeastern Florida, the projects being developed to manage water more efficiently, and how the district is encouraging new and innovative solutions to provide adequate water supply as well as environmental protections. John Crotty: Can you describe the relationship between the water management district and local water providers? Dr. Ann Shortelle: Water providers throughout the state are all subject to Florida Statute 373, which regulates the beneficial use of water. Water is held in the public interest in Florida, and the water management districts work with all stakeholders and water users to create regional water supply plans that protect the environment and water resources. Water management districts are also responsible for issuing permits for water use. The St. Johns district evaluates whether water is available for a proposed use, the efficiency of that use, and any possible effect on other users or the environment before approving or denying a permit. The specific source of the water is the most common

26

sticking point during permit negotiations. Applicants want to use the most cost-effective source for the water they need, but permits must take other factors into account as well. Our water management district has nine board members. Governing board members for all water management districts are appointed by the governor and confirmed by the state Senate to serve 4-year terms. Our board includes a professional geologist, engineers, an attorney, and other highly qualified people with a variety of perspectives. John Crotty: What is the water supply portfolio for the district? Dr. Ann Shortelle: We primarily rely on groundwater, as does most of the state of Florida. We have a lot of surface water, but that has traditionally been used less as a primary source than in other parts of the country. We also encourage people to use other sources of water, including reclaimed water and stormwater for irrigation and some industrial uses, but groundwater is still the predominant source for consumptive uses. John Crotty: Are there any active injection sites or infiltration basins where you can do active groundwater recharge? Municipal Water Leader


Dr. Ann Shortelle: Yes. Florida is well suited for recharge efforts. There are unconfined aquifers where recharge occurs, plus treatment wetlands where stormwater or other water can be cleaned before going into a recharge basin and then to the aquifer. John Crotty: Is there any direct pumping of water out of the St. Johns River? Dr. Ann Shortelle: Yes, and there are a number of municipal permit holders that use it as their primary source or as an augmenting source along with groundwater. Some agricultural users also pump surface water. John Crotty: What are some of your more recent or ongoing projects to help develop your water supplies? Dr. Ann Shortelle: In Florida, water management districts have water resource development projects that will benefit the environment and water resources as well as help to provide adequate water supplies. Our utility partners are responsible for any water supply development projects, but we work with them on the design process as well as with cost-share funding. John Crotty: Is there an application process whereby partners have to meet certain criteria to receive those funds? Dr. Ann Shortelle: Yes. In the St. Johns district, we have a wide-open general application process for districtwide cost-share funds. It includes projects

Left: St. Johns River at the St. Johns River Water Management District’s Bayard Conservation Area, Clay County, Florida. Above: Fort Drum Marsh in the upper basin of the St. Johns River, which runs south to north. Municipal Water Leader

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relating to water quality as well as water supply. Anything that is within our core mission, including flood protection and natural systems protection, can qualify. Applicants have a number of standards for efficiency, environmental protection, and regional benefits that they have to meet to receive funds. The total cost of all requests is usually three times more than the budget we have for funding, so staff identify the best options each year and present them to our governing board for approval. We also have a separate process for agricultural producers. That process takes place annually and is open to all agricultural users. Efficient irrigation and water quality protection are the two most common types of projects that are funded under this specific process. There is a third category of cost-share funding for municipalities and counties considered Rural Economic Development Initiative (REDI) communities, which are typically economically disadvantaged communities. Unlike other projects that have cost-share agreements with us, REDI communities are not required to provide matching funds for projects. They compete for funding along with what we call innovative projects, which are new ideas or technologies that can be developed to benefit water supply or quality. One example of a current innovative project is exploring the development of direct potable water reuse, which is now becoming more feasible. One community in our district has proposed a direct potable reuse pilot project that we are cofunding. John Crotty: What kind of outreach is needed to achieve buy-in from the community for direct reuse projects? Dr. Ann Shortelle: There is definitely a need for support from the community at large, but historically Florida has been innovative in the creation and use of water technology. We are behind a few other states in terms of direct potable reuse, but we have an entire organization looking at the challenges of public awareness and helping people to understand how these projects will work. The pilot project is in the feasibility stage, and no one is currently being asked to consume reuse water. They are currently exploring the idea. John Crotty: What are some of the unique challenges northeastern Florida and the St. Johns River watershed are facing? Dr. Ann Shortelle: One challenge is the ecological diversity of the area we serve. Our district is spread across 18 counties, and it runs all the way from the headwaters of the St. Johns, along the lakes and tributaries, and through downtown Jacksonville. There are three regional water planning areas, and each has unique needs. In the Orlando area, there is a large urban population with a large focus on diversifying water sources to meet the demand. Further north 28

Cypress trees in the Fort Drum Marsh.

are more rural areas and smaller communities. There is also more urbanization and pressure on water supplies in the Jacksonville area, which is the northern part of the district. Another challenge is coordinating the use of shared groundwater resources. Florida’s water management districts were established over 40 years ago based on surface water boundaries, or major watersheds, but we primarily rely on groundwater that is hydrologically connected across district boundaries. This requires districts to coordinate on how they use and recharge groundwater resources to protect supplies in the long term. The neighboring Suwanee River Water Management District’s rural agricultural water users rely on the same groundwater resources as our northern urban users, and we are partnering with them to develop water supply projects that will allow both types of users to have the water they need into the future. We developed a partnership among stakeholder groups and have been Municipal Water Leader


working on the plan for over 5 years. In January 2017, the boards of both water management districts held a joint meeting during which they adopted the water supply plan for the northeastern portion of Florida. John Crotty: What has been the most interesting aspect of your current position? Dr. Ann Shortelle: I enjoy solving problems by digging into the details of projects and pushing the water management envelope. Innovative projects that provide water while protecting the environment are very appealing to me. John Crotty: What would your message be to state and federal decisionmakers about water infrastructure and your district’s operations? Dr. Ann Shortelle: Our water infrastructure needs to keep pace with all our other infrastructure needs. When we do not do that, we have to play catch-up, which is more expensive and less efficient. We must continue to make investments in water infrastructure that will secure our water supplies and protect the environment. The St. Johns River at Lake George, west of Daytona Beach and adjacent to the Ocala National Forest.

Municipal Water Leader

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WATER LAW

Water Wars Revisited:

T

An Update From the Apalachicola– Chattahoochee–Flint River Basin

he beginning of 2017 marked some significant decisions in the ongoing disputes over water in the Apalachicola–Chattahoochee–Flint (ACF) River basin: (1) In February, a special master appointed by the U.S. Supreme Court (SCOTUS) recommended that the SCOTUS reject Florida’s request for equitable apportionment of the ACF basin and (2) at the end of March, the U.S. Army Corps of Engineers approved water control manuals governing its reservoirs in the ACF basin after a lengthy environmental review. Over the last quarter of a century, the ACF basin states—Alabama, Florida, and Georgia—have failed to resolve longstanding claims to basin flows, whether through comity or litigation. It is unlikely that these decisions, although both a step forward to clarifying both practical operational and legal questions, will end the strife over the river basin.

Overview of the ACF Basin

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The ACF River basin drains roughly 20,000 square miles, running 385 miles from northern Georgia down the Georgia–Alabama border to the Gulf of Mexico in Florida. The Chattahoochee originates in Appalachian Mountains of northern Georgia and serves as the Atlanta metro area’s main source of water. The Flint River begins just south of Atlanta and flows until the Florida–Georgia line, where its confluence with the Chattahoochee forms the Apalachicola River. The Army Corps operates five federal reservoir projects in the ACF River basin: Buford Dam (Lake Lanier), West Point Dam, Walter F. George Lock and Dam, George W. Andrews Lock and Dam, and Jim Woodruff Lock and Dam (Lake Seminole). The ACF River basin is hard working, providing water to the Atlanta metro area, generating hydropower, supporting basin-area power plants, and irrigating crops in central and southern Georgia and Alabama. Moreover, the flows of the ACF feed the Apalachicola Bay estuary, which, in more abundant years, accounted for a substantial percentage of the country’s oyster harvests. Over the years, water use and the Army Corps’ operation of the ACF system have proved be a source of contention among the three basin states.

Seeking Equitable Apportionment at SCOTUS In 2014, the U.S. Supreme Court granted Florida’s request to file suit against Georgia for the equitable apportionment of ACF basin water between the states. Florida seeks a decree limiting Georgia’s water consumption to 1992 levels in order to maintain sufficient Apalachicola River flows for oyster and shellfish growth and harvesting in Apalachicola Bay. Florida is arguing around the Army Corps’ involvement in the ACF system. Florida contends that because 62 percent of the ACF watershed flows into the Flint or Chattahoochee Rivers downstream from Walter F. George Lock and Dam, it “is therefore not controlled in any meaningful way by the Corps’ storage reservoirs.” Florida also argues that Army Corps’ operating rules cannot offset reduced releases from water from Lake Lanier, West Point Lake, and Walter F. George Lake. Georgia contends that Army Corps operations would prevent sufficient inflow into the basin and down to Florida during low-flow conditions or drought operations. For Georgia, “[t]he only reliable way to ensure additional flow into Florida from reduced consumptive water use would be to alter the Corps’ operating rules.” The special master concluded that Florida failed to show that a “consumption cap is justified and will afford adequate relief ” and that the “the Corps retains extensive discretion in the operation of those federal reservoirs.” Any benefits of an increased streamflow requested by Florida could be offset by Army Corps actions. Since the Corps is not party to this case, there is no avenue of relief. The Supreme Court will make its decision on Florida’s request for relief based on the special master’s recommendation.

Approval of ACF Water Control Manuals

Separate from the ongoing Supreme Court litigation is the recent approval of water controls manuals for ACF basin reservoirs. Back in 2008, the Army Corps initiated the process to update the master control manual for the basin. In 2012, the Corps reopened the public scoping process to address a decision of the 11th Circuit Court of Appeals finding that water supply is an authorized purpose for Lake Lanier. On March 30, 2017, the senior official performing Municipal Water Leader


The Apalachicola–Chattahoochee–Flint River basin water management map. Credit: U.S. Army Corps of Engineers.

Municipal Water Leader

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the duties of the assistant secretary of the Army for Civil Works signed off on the necessary environmental documentation on updates to the water control manuals (WCMs) for Army Corps reservoirs in the ACF basin. The Corps then approved the WCMs, which regulate operating criteria and management for the ACF system and individual reservoirs in the system. The crux of this approval is a reallocation of storage that could yield a total of more than 250 acre-feet for water supply at Lake Lanier and releases from Buford Dam sufficient to accommodate up to 379 million gallons per day (1,163 acre-feet per day) downstream at Atlanta by the year 2050. Steve Stockton, former Army Corps director of Civil Works and Water Strategies senior advisor, stated that the Corps had been working off a WCM from 1958 and very much needed to update ACF manuals.

“In the case of the ACF, there are many demands on a single, limited resource. The Army Corps uses the best science and engineering available to come up with best solution to meet authorized project purposes and the demands of project stakeholders. With respect to the WCMs, there was a lot of public input to help try to achieve balance among the basin states.”

What’s Ahead

The litigation is likely to continue. In the SCOTUS litigation, Florida will file exceptions to special master’s recommendation. Georgia will respond to those exceptions, which will then lead up to a decision by the Court. The approval of the WCMs will likely involve more legal challenges pursuant to both the Clean Water Act and the National Environmental Policy Act.

Selected Timeline: Litigation over the ACF River basin is long and complex. Below are some of the key decision points. 1989

Reallocation—The Corps agrees to reallocate 20 percent of the hydropower storage in Lake Lanier for municipal use in Atlanta.

1990

Alabama sues the Corps, challenging reallocation as exceeding the Water Supply Act; Florida and Georgia intervene.

1992

Memorandum of Agreement (MOA)—Alabama, Florida, Georgia, and the Corps negotiate and sign an agreement to authorize a water supply study and work toward a river compact.

1997

The ACF Compact replaces the MOA, establishes a basin commission, and tasks the states with resolving supply.

2000

Georgia requests from the Corps releases of up to 297 million gallons per day by 2030 (denied). Southeastern Power Customers sues the Corps and Georgia over increased withdrawals from Lake Lanier. The DC district court refers parties to mediation.

2001

Georgia sues the Corps to reallocate water from Lake Lanier for municipal use; Florida and Southeast Power move to intervene (denied).

2002

The 11th Circuit reverses the district court’s decision and remands for further proceedings. The ACF Compact collapses.

2003

The parties sign the Settlement Agreement to reallocate water from Lake Lanier. The Alabama district court enjoins implementation of the mediated agreement from the DC case.

2004

The district court approves the Settlement Agreement, contingent on the dissolution of the Alabama injunction; Alabama and Florida appeal (dismissed).

2005

The 11th Circuit vacates the Alabama district court’s injunction.

2006

The DC district court issues final order for the Settlement Agreement.

2007

The Judicial Panel on Multidistrict Litigation consolidates multiple ACF disputes (except the DC litigation).

2008

The DC district court order is reversed by the U.S. Court of Appeals for DC for lack of congressional approval.

2009

[I] The Court finds congressional approval was needed for Lake Lanier reallocation; water supply was deemed not an authorized reservoir purpose.

2010

[II] The Court finds that the Corps had not complied with the National Environmental Protection Act, but development of an environmental impact statement as part of water control manual updates moots the claim; the appeal is stayed while the Corps and the U.S. Fish and Wildlife Service conduct studies.

2011

[I] The 11th Circuit reverses, asserts that the Corps did not take a final reallocation action; water supply was deemed an authorized reservoir purpose.

2013

[II] The Court vacates after the Corps and the U.S. Fish and Wildlife Service reinitiated consultation.

36

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2017 CALENDAR April 11–12

National Rural Water Association, 2017 Regional/Water District Issues Forum, Washington, DC

May 9

Association of California Water Agencies, 2017 Spring Conference & Exhibition, Monterey, CA

June 12–13

Idaho Water Users Association, Summer Water Law & Resource Issues Seminar, Sun Valley, ID

June 14–16

Texas Water Conservation Association, 2017 Mid-Year Conference, Galveston, TX

July 27–28

Kansas Water Congress, Summer Conference, Garden City, KS

August 23–25

Colorado Water Congress, 2017 Summer Conference, Vail, CO

August 28–29

Water Finance Conference, Madison, WI ___________________________________________________________________________

To include your event in the calendar, e-mail Municipal.Water.Leader@waterstrategies.com.


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