Agenda 11/18/2008 Item #16C 6
Agenda Item No. 16C6
November 18, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the communication of concerns from the Collier
County Water-Sewer District by letter, under the signature of the Chair of the
Board of County Commissioners, Ex-Officio the Governing Board of the Collier
County Water-Sewer District, to the South Florida Water Management District
relative to the proposed creation of Florida Administrative Code Chapter 40E-IO
("Picayune Strand Reservation").
OBJECTIVE: To approve the communication of concerns from the Collier County
Water-Sewer District by letter, under the signature of the Chair of the Board of County
Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer
District, to the South Florida Water Management District (SFWMD) relative to the
proposed creation of Florida Administrative Code Chapter 40E-1O ("Picayune Strand
Reservation") .
CONSIDERATION: SFWMD has initiated rulemaking to create Florida Administrative
Code Chapter 40E-10 ("Picayune Strand Reservation"). This rulemaking is a legal
mechanism for reserving, or setting aside, a specified amount of water within the
Picayune Strand reservation area to protect those waters for the natural system and to
prevent its consumptive use. SFWMD has determined that all freshwater within the
Picayune Strand reservation area should be prevented from consumptive use. The Public
Utilities Division, representing the Collier County Water-Sewer District, has been
actively involved in the rulemaking process, attending several rulemaking workshops and
providing comment relative to its concerns.
The primary concerns relative to the proposed rule, in its current iteration, are:
. Problems exist concerning the technical reports relied upon by SFWMD staff in
drafting the proposed rule and determining that a full reservation of water within
the Picayune Strand reservation area is appropriate.
. SFWMD has failed to respond to concerns regarding the proposed rule that
Collier County staff has expressed to the peer review panel.
. Collier County has a water use permit application pending before SFWMD -
since 2006 - that requests freshwater allocations that may have a potential to
impact the Picayune Strand reservation area, which may be prohibited if the
proposed rule takes effect prior to permit issuance.
Staff has prepared a letter addressing the concerns of the Public Utilities Division,
attached to this Executive Summary as Appendix A. The letter will be transmitted via
hand-delivery to SFWMD's Governing Board upon approval and signature.
.~-
FISCAL IMPACT: While there is no immediate fiscal impact associated with this item,
there is potential for negative fiscal impact to the Public Utilities Division if the rule is
promulgated in its current iteration.
Agenda Item No. 16C6
November 18. 2008
Page 2 of 5
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
associated with this item.
LEGAL CONSIDERATIONS: No legal issues are raised in this Executive Summary.-
JAK
RECOMMENDA TION: To approve the communication of concerns from the Collier
County Water-Sewer District by letter, under the signature of the Chair of the Board of
County Commissioners, Ex-Officio the Governing Board of the Collier County Water-
Sewer District, to the South Florida Water Management District relative to the proposed
creation of Florida Administrative Code Chapter 40E-IO ("Picayune Strand
Reservation").
PREPARED BY:
Paul E. Mattausch, Director, Collier County Water Department
Agenda Item No. 16C6
November 18, 2008
Page 3 of 5
November 18, 2008
VIA TELEF ACSIMILE (561) 242-5499 AND MAIL
Scott Burns
Director, Everglades Water Supply Policy
South Florida Water Management District
Post Office Box 24680
West Palm Beach, FL 33416-4680
Re: Proposed Picayune Strand Reservation Rule
Dear Mr. Burns:
Please accept this letter as the comments of the Collier County Water-Sewer District
(CCWSD), with respect to the proposed creation of Florida Administrative Code Chapter 40E-IO
("Picayune Strand Reservation") by the South Florida Water Management District (SFWMD).
While the CCWSD strongly supports SFWMD's efforts to conserve water resources,
serious concerns still remain with the proposed rule which must be addressed. The primary
concerns relative to the proposed rule, in its current iteration, are:
I. Problems exist concerning the technical reports relied upon by SFWMD staff in drafting
the proposed rule and determining that a full reservation of water within the Picayune
Strand reservation area is appropriate.
2. SFWMD has failed to respond to concerns regarding the proposed rule that Collier
County staff has expressed to the peer review panel.
3. Collier County has a water use permit application pending before SFWMD - since 2006
- that requests freshwater allocations that may have a potential to impact the Picayune
Strand reservation area, which may be prohibited if the proposed rule takes effect prior to
permit issuance.
The Collier County Water-Sewer District thanks the South Florida Water Management
District for this opportunity to comment on the proposed creation of Florida Administrative Code
Chapter 40E-l 0 ("Picayune Strand Reservation"). If you have any questions concerning the
comments contained herein, please contact Paul Mattausch, Director, Water Department, Collier
County Water-Sewer District. We look forward to continuing to work with the South Florida
Water Management District in protecting water resources in order to provide a sustainable South
Florida.
Sincerely Yours;
I
Agenda item No. 16C6
November 18, 2008
Page 4 of 5
Tom Henning
Chair, Collier County Board of County Commissioners
Ex-Officio, the Board of the Collier County Water-Sewer District
Attachment
cc: Eric Buermann, Chair, SFWMD Governing Board
Michael Collins, Member, SFWMD Governing Board
Charles J. Dauray, Member, SFWMD Governing Board
Shannon A. Estenoz, Member, SFWMD Governing Board
Paul C. Huck, Jr., Member, SFWMD Governing Board
Melissa L. Meeker, Member, SFWMD Governing Board
Jerry Montgomery, Member, SFWMD Governing Board
Patrick J. Rooney, Jr., Esq., Member, SFWMD Governing Board
Carol Wehle, Executive Director, SFWMD
Chip Merriam, Deputy Executive Director, SFWMD
Thomas Olliff, Assistant Executive Director, SFWMD
James V. Mudd, County Manager
Leo Ochs, Deputy County Manager
Jeffrey Klatzkow, County Attorney
James W. DeLony, Administrator, Public Utilities Division
Paul Mattausch, Director, Water Department
Phil Gramatges, Interim Director, Public Utilities Engineering Department
Edward de la Parte, Jr., Esq., de la Parte and Gilbert, P.A.
Kristin Yerkes, Esq., de la Parte and Gilbert, P.A.
Amy Duffey, Esq., de la Parte and Gilbert, P.A.
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Agenda item No. 16C6
November 18, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C6
Meeting Date:
Recommendation to approve the communication of concerns from the Collier County Water-
Sewer District, by letter, under the signature of the Chair of the Board of County
Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District,
to the South Florida Water Management District relative to the proposed creation of Florida
Administrative Code Chapter 40E-10 (Picayune Strand Reservation),
11/18/20089:00:00 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
11/12/200812:02 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
111121200812:46 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11112120081:49 PM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
11/1212008 1 :51 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/1212008 3:22 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/12/20085:01 PM
file://C:\AgendaTest\Export\116-November%20 18,%202008\16.%20CONSENT%20AGE... 11/12/2008