The comprehensive water law: its provisions and significance.

• Author: Caspary, Jorge R.
• Position: Florida

Florida Senate Bill 552, commonly named the "Comprehensive Water Bill," was signed into law by Gov. Rick Scott on January 21, 2016. This new law is arguably the most far-reaching and complex environmental legislation in more than a decade. The law sets the course for state water resource management in the face of several challenges brought about by increasing demands for water and population growth. It will have a lasting effect on state and local governments, public and private utilities, landowners, farmers and ranchers, developers and industrial users, environmental groups, and homeowners. The law contains new protections for springs, water conservation incentives, and significant improvements to Florida's water governance structure. This article highlights the provisions of the law; forecasts potential future legislative, and other regulatory activities; and demonstrates that Florida's water resources management strategies will continue to evolve.

Background

Our state's sustained economic prosperity depends upon satisfying projected water supply demands, developing water storage capacity, and protecting the health of sensitive ecosystems. While these goals may seem at odds, recent successes demonstrate otherwise. Successful water conservation measures--mainly graduated rate structures and increased reclaimed water usage --have allowed many areas of the state to absorb growth with flat or declining potable water use. For example, in 2014, over 150 million gallons per day (MGD) of treated wastewater was reused for cooling and irrigation purposes in the Southwest Florida Water Management District. (1) Also, water quality restoration programs, such as the Tampa Bay Estuary Program and the Lower St. Johns River Basin Management Action Plan, have paid significant dividends, improving marquee aquatic ecosystems in growing communities. (2)

Notwithstanding the results of focused conservation efforts and the abundance of water in our aquifers, the legislature recognized that the state cannot stand idle. Alternative water supplies will need to continue to be developed to provide an ever-growing population with potable water. The projected increased demand for water in Florida by 2030 is 1.3 billion gallons per day more than in 2005. (3) In fact, the projected use of potable water in Lake, Orange, Osceola, Seminole, and Polk counties, arguably several of the areas undergoing the fastest rate of growth in the state, is projected to increase to 525 MGD in 2020. (4) That is an increase of over 89 MGD since 2010. These new demands must be met. Meanwhile, the state must continue to address legacy water resource challenges. Some coastal freshwater aquifers are experiencing saltwater intrusion due to historic groundwater pumping, and densely sited septic tanks appear to cause nutrient over-enrichment in once pristine springs and estuarine systems. Longstanding regulatory programs must be continually updated to ensure efficient and effective resource protection.

The legislature grappled with these issues over the past two years. The end result was the Comprehensive Water Bill. (5) As the new law reaches just about every facet of water resource governance, planning, and management, it is essential for stakeholders represented by private- and public-sector attorneys, planners, elected officials, and the public at large, to understand its various provisions and implementation timelines.

Comprehensive Water Bill Provisions

* Springs--The law contains extensive provisions related to Florida's springs, starting with a requirement to designate spring sheds, called priority focus areas, for each large, first-magnitude spring, plus six additional springs, to be defined as an outstanding Florida spring no later than July 1, 2018. It also sets deadlines for implementation of existing water quality and water supply regulations within the priority focus areas. For water quality, each designated spring must begin its assessment for impairment by July 1, 2016, and the assessment must be complete...