WATER SUPPLY ISSUES IN LOCAL GOVERNMENT COMPREHENSIVE PLANS
CHECKLIST OF NEEDED COMPREHENSIVE PLAN DATA

This section provides a general checklist of the type of data and information for water supply issues in local government comprehensive plans. This listing is not all-inclusive, but provides a broad, general framework that should be used in combination with the more detailed, related guidelines developed by the Florida Department of Community Affairs (FDCA), and case-by-case comments made by the various water management districts on specific water supply issues.

Checklist guidance is given for these water supply aspects of comprehensive plans:

A. Amendments to the Future Land Use Element or Map.

B. 10-Year Water Supply Facilities Work Plan and potable water amendments related to recent Subsection 163.3177(6)(c), Florida Statutes (F.S.), statutory changes.

C. Evaluation & Appraisal Report (EAR) reporting requirements.

D. Relevant portions of statutory provisions.

A. Plan Amendments (Future Land Use Change)

Water Supply Demand Projections
Address both raw and finished (i.e., after any losses due to water treatment) water supply needs for both potable and non-potable (i.e., irrigation) demands, using professionally acceptable methodologies.
Address existing and future conservation and reuse commitments, and levels of service for both the proposed future land use change and the comprehensive plan.
Address both the build-out time frame for a proposed future land use change, and the established planning time frame for the comprehensive plan.

Water Source Identification
For existing demands, reflect source(s) from supplier's Consumptive Use Permit (CUP).
For future demands covered by a supplier's commitment to provide service under remaining available capacity of an existing Consumptive Use Permit, reflect the source(s) from the supplier's CUP.
For future demands not covered by an existing CUP, provide sufficient planning level data and analysis to demonstrate the availability of a sustainable source identified in the appropriate District regional water supply plan.

Availability of Water Supply and Public Facilities
Demonstrate that that there is an availability of raw water supply from the proposed source(s) of raw supply for the future land use change, given all other approved land use commitments within the local government's jurisdiction over both the proposed amendment's build-out, and the established planning period of the comprehensive plan. (See Sections 163.3167(13), F.S., and 163.3177(6)(a), F.S.)
Demonstrate that that there is an availability of both treatment facility capacity and permitted, available finished water supply for the future land use change, given all other commitments for that capacity and supply over the proposed build-out time frame.
If the availability of either water supply and/or public facilities is not currently demonstrable, this will require either phasing of the future land use (see Subsection 163.3177(10)(h), F.S.), and/or appropriate amendments to the Capital Improvements Element or to the Potable Water Sub-Element to ensure the necessary capital planning and timely availability of the needed infrastructure and water supply. (See Subsections 163.3177(3)(a) and (6)(c), F.S.)

Related Comprehensive Plan Amendments
Addressing a future land use change may additionally require amendments to other specific elements within the comprehensive plan if it requires an adjustment to either the plan's future population or demand projections; the comprehensive plan's established planning period; or the water supply sources required to be addressed in the comprehensive plan. (See Sections 163.3167(13); 163.3177(5)(a); 163.3177(6)(a); 163.3177(6)(c); and 163.3177(6)(d), F.S.)

B. 10-Year Water Supply Facilities Work Plan and Other Potable Water Sub-Element Revisions
(within 18 months following this update of the LWC Water Supply Plan)

Water Supply Demand Projections
Coordinate with the regional water supply plan's demand projections. Address both raw and finished (i.e., after any losses due to water treatment) water supply needs for both potable and non-potable (i.e., irrigation) demands within the jurisdiction (regardless of supplier) for at least five-year intervals out to the established planning time frame of the comprehensive plan.
Address existing and future conservation and reuse commitments and levels of service for the established planning time frame of the comprehensive plan.
Identify existing and future utility service areas (i.e., areas to be actually served) for each provider within the jurisdiction.
Identify areas and amounts of any self-supply (i.e., supply by single-family individual wells) separately.

Water Source Identification
Address the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the regional water supply plan.

Water Supply Project Identification and Selection
Identify sufficient conservation, reuse, Alternative Water Supply projects and traditional water supply projects necessary to meet projected demands.
Select and incorporate into the comprehensive plan Alternative Water Supply project(s) selected by the local government from those identified in the regional water supply plan, or propose alternatives.
Based upon projected demands, include a water supply facilities work plan, covering at least a 10-year planning period, but preferably out to the established planning period, for building all public, private, and regional water supply facilities that will provide water supply service within the local government's jurisdiction (i.e., if it is a water provider to land uses within the jurisdiction, its facility planning must be addressed in the work plan).
This may additionally require appropriate amendments to the Capital Improvements Element. (See Section 163.3177(3)(a), F.S.)

C. EVALUATION & APPRAISAL REPORT (EAR)
Subsection 163.3191(2)(L), F.S. (submitted after the adoption of a 10-Year Water Supply Facilities Work Plan)

Water Supply Project Identification and Selection
Identify the extent to which the local government has been successful in identifying Alternative Water Supply projects and traditional water supply projects, including conservation and reuse, necessary to meet projected demands
Evaluate the degree to which the 10-Year Water Supply Facilities Work Plan has been implemented for building all public, private, and regional water supply facilities within the jurisdiction necessary to meet projected demands.

D. RELEVANT PORTIONS OF STATUTORY PROVISIONS
163.3167(13), F.S.: Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.0361.

163.3177(3)(a), F.S.: The comprehensive plan shall contain a capital improvements element designed to consider the need for and the location of public facilities in order to encourage the efficient utilization of such facilities and set forth:

1. A component which outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component which outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan. The components shall cover at least a 5-year period.
2. Estimated public facility costs, including a delineation of when facilities will be needed, the general location of the facilities, and projected revenue sources to fund the facilities.
3. Standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service.
4. Standards for the management of debt.
5. A schedule of capital improvements which includes publicly funded projects, and which may include privately funded projects for which the local government has no fiscal responsibility, necessary to ensure that adopted level-of-service standards are achieved and maintained. For capital improvements that will be funded by the developer, financial feasibility shall be demonstrated by being guaranteed in an enforceable development agreement or interlocal agreement pursuant to paragraph (10)(h), or other enforceable agreement. These development agreements and interlocal agreements shall be reflected in the schedule of capital improvements if the capital improvement is necessary to serve development within the 5-year schedule. If the local government uses planned revenue sources that require referenda or other actions to secure the revenue source, the plan must, in the event the referenda are not passed or actions do not secure the planned revenue source, identify other existing revenue sources that will be used to fund the capital projects or otherwise amend the plan to ensure financial feasibility.
6. The schedule must include transportation improvements included in the applicable metropolitan planning organization's transportation improvement program adopted pursuant to s. 339.175(7) to the extent that such improvements are relied upon to ensure concurrency and financial feasibility. The schedule must also be coordinated with the applicable metropolitan planning organization's long-range transportation plan adopted pursuant to s. 339.175(6).

163.3177(5)(a), F.S.: Each local government comprehensive plan must include at least two planning periods, one covering at least the first 5-year period occurring after the plan's adoption and one covering at least a 10-year period.

163.3177(6)(a), F.S.: A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other categories of the public and private uses of land. . . . . The future land use plan shall be based upon surveys, studies, and data regarding the area, including the amount of land required to accommodate anticipated growth; the projected population of the area; the character of undeveloped land; the availability of water supplies, public facilities, and services; … .

163.3177(6)(c), F.S.: A general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element correlated to principles and guidelines for future land use, indicating ways to provide for future potable water, drainage, sanitary sewer, solid waste, and aquifer recharge protection requirements for the area. The element may be a detailed engineering plan including a topographic map depicting areas of prime groundwater recharge. The element shall describe the problems and needs and the general facilities that will be required for solution of the problems and needs. The element shall also include a topographic map depicting any areas adopted by a regional water management district as prime groundwater recharge areas for the Floridan or Biscayne aquifers. These areas shall be given special consideration when the local government is engaged in zoning or considering future land use for said designated areas. For areas served by septic tanks, soil surveys shall be provided which indicate the suitability of soils for septic tanks. Within 18 months after the governing board approves an updated regional water supply plan, the element must incorporate the alternative water supply project or projects selected by the local government from those identified in the regional water supply plan pursuant to s. 373.0361(2)(a) or proposed by the local government under s. 373.0361(7)(b). If a local government is located within two water management districts, the local government shall adopt its comprehensive plan amendment within 18 months after the later updated regional water supply plan. The element must identify such alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in s. 373.0361(2)(a) within the local government's jurisdiction and include a work plan, covering at least a 10 year planning period, for building public, private, and regional water supply facilities, including development of alternative water supplies, which are identified in the element as necessary to serve existing and new development. The work plan shall be updated, at a minimum, every 5 years within 18 months after the governing board of a water management district approves an updated regional water supply plan. Amendments to incorporate the work plan do not count toward the limitation on the frequency of adoption of amendments to the comprehensive plan. Local governments, public and private utilities, regional water supply authorities, special districts, and water management districts are encouraged to cooperatively plan for the development of multijurisdictional water supply facilities that are sufficient to meet projected demands for established planning periods, including the development of alternative water sources to supplement traditional sources of groundwater and surface water supplies.

163.3177(6)(d), F.S.: A conservation element for the conservation, use, and protection of natural resources in the area, including air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources. Local governments shall assess their current, as well as projected, water needs and sources for at least a 10-year period, considering the appropriate regional water supply plan approved pursuant to s. 373.0361, or, in the absence of an approved regional water supply plan, the district water management plan approved pursuant to s. 373.036(2). This information shall be submitted to the appropriate agencies… .

163.3177(10)(h), F.S.: It is the intent of the Legislature that public facilities and services needed to support development shall be available concurrent with the impacts of such development in accordance with s. 163.3180. In meeting this intent, public facility and service availability shall be deemed sufficient if the public facilities and services for a development are phased, or the development is phased, so that the public facilities and those related services which are deemed necessary by the local government to operate the facilities necessitated by that development are available concurrent with the impacts of the development. The public facilities and services, unless already available, are to be consistent with the capital improvements element of the local comprehensive plan as required by paragraph (3)(a) or guaranteed in an enforceable development agreement. This shall include development agreements pursuant to this chapter or in an agreement or a development order issued pursuant to chapter 380. Nothing herein shall be construed to require a local government to address services in its capital improvements plan or to limit a local government's ability to address any service in its capital improvements plan that it deems necessary.

163.3191(2)(l), F.S.: The extent to which the local government has been successful in identifying alternative water supply projects and traditional water supply projects, including conservation and reuse, necessary to meet the water needs identified in s. 373.0361(2)(a) within the local government's jurisdiction. The report must evaluate the degree to which the local government has implemented the work plan for building public, private, and regional water supply facilities, including development of alternative water supplies, identified in the element as necessary to serve existing and new development.