Finding certainty in the new world of alternative water supply sources.

• Author: Ross, Elizabeth D.
• Position: Florida

With passage of the 2016 Water Bill, (1) there is growing realization that Florida's water resources are reaching sustainable use limits. Large swaths of our state have regulations restricting increased use of traditional, fresh water supplies, and there are more to come. (2) These restrictions are geared toward protecting our natural resources from harm and signal the need for Florida to proceed wisely to develop alternative water supply sources. Anticipating these issues in 2014, the legislature charged Florida's Department of Environmental Protection (DEP) with generating a comprehensive study of several alternative water supply sources--reclaimed water, stormwater, and excess surface water. (3) This report, delivered to the legislature last December, contains a wealth of information and recommendations. DEP's recommended actions embrace alternative sources, which are appropriate and timely. However, advance thought and priority must be given to the nature of alternative water supply sources and the needs of water users, as we embark down the road of integrating these sources with Florida's water rights program.

From a water user standpoint, the common thread between reclaimed water, stormwater, and excess surface water is lack of reliability. The lack of reliability emanates from the fact these sources are all directly linked to rainfall. Since rainfall is not consistent, these water sources may not be available or will be inadequate during dry conditions --when water users most need their supply source. Reliability is the bedrock of water rights programs and the very attribute water users must have in a supply source. Water quality considerations are equally important.

Therefore, as Florida shifts toward developing alternative water supply sources, care must be taken to craft Florida's programs in a manner that provides for the interests of wastewater treatment utilities, water users, and the environment. This article examines considerations associated with the identified alternative water sources to help discern strategies that will meet the needs of Florida's growing population, businesses, and environment. Actions taken now can create the legal structure and incentives to capture and utilize alternative water supplies without increasing competition for traditional sources and also improve water resource sustainability.

Increasing Water Supply Limitations

In many regions of Florida, traditional supply sources are nearly "tapped out." First, among Florida's restricted water allocation regions, is an area known as the Southern Water Use Caution Area located in the Southwest Florida Water Management District (SWFWMD). The SWFWMD's Northern Tampa Bay Water Use Caution Area, and Dover / Plant City Freeze Management Plan combine to further restrict water allocation in that region. (4) Water allocation from traditional surface and groundwater sources is also limited in large portions of the South Florida Water Management District (SFWMD), as necessary to protect existing legal uses of water, assure water for Everglades restoration, and protect the water resources from harm. (5) Other regions are feeling a similar pinch. The joint Central Florida

Water Initiative (CFWI) Regional Water Supply Plan found: "[U]tilization of traditional groundwater is near, has already reached, and in some areas has exceeded the sustainable limits." (6) Florida's legislature required the DEP to adopt uniform consumptive use regulations for the Central Florida region by December 2016. (7) The 2016 Water Bill also creates the Springs and Aquifer Protection Act to address both water quantity and water quality issues in spring sheds. (8) With demands for fresh water growing and traditional water sources becoming increasingly limited, the trend toward reliance on alternative water supply sources to meet escalating demands will continue.

Summary of Reclaimed Water's Uniquely Crafted Regulatory Structure

Legislative findings serve as the predicate for Florida's wastewater reuse programs and indicate encouragement and promotion of reuse of reclaimed water is a state objective and use of treated reclaimed water is environmentally acceptable. (9) Further, statutes recognize Florida's interest in sustaining its water resources through use of reclaimed water, which must be balanced with the need of utilities to operate reclaimed water systems, while considering regulatory and financial topics. (10) This guidance has and will serve as a valuable basis for proceeding forward. F.S. [section] 373.019(17) defines reclaimed water as "water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility." DEP regulates domestic wastewater treatment facilities by setting forth regulations concerning facility construction and operation. Further, and in anticipation of distributing treated wastewater to various end-users and resources, DEPs program details requirements for irrigation use or groundwater recharge and injection of reclaimed water. (11)

In summary, these programs are geared toward public health and safety and environmental protection; hence, many...