2020-11-05 Ex 04Exhibi+ L4
X'7k" VI
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www.cityofokeechobee.com
MEMORANDUM
TO: Mayor Watford and City Council
FROM: Marcos Montes De Oca, P.E., City Administrator
Re: Additional Agenda Item
EAA Reservoir Water Reservations Rules
DATE: November 5, 2020
Okeechobee City Council
Mayor Dowling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
Please add the following item to the agenda for the November 5, 2020 City Council
meeting.
VI. NEW BUSINESS
I. Consider a Proposed letter urging SFWMD to hold a workshop and
consider alternatives to its proposed EAA Reservoir Water Reservations
Rules (Exhibit 4)
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CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www.cityofokeechobee.com
Okeechobee City Council
Mayor Dowling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
______________________________________________________________________
To: City Council Members
From: John Fumero, City Attorney
Carlyn Kowalsky, Assistant City Attorney
Subject: Letter to SFWMD concerning proposed EAA Reservoir Water Res ervations
Rules
Date: November 5, 2020
The South Florida Water Management District (SFWMD) is proposing additional rules
that would effectively reduce water the amount of water currently permitted for
agricultural and public supply needs. Many affected stakeholders are providing input to
SFWMD. Attached is a proposed letter from the City to SFWMD requesting that SFWMD
hold workshops to consider alternatives to SFWMD’s proposed rules. Like the City of
Okeechobee, the City of West Palm Beach also relies on water from the lake for its
municipal water supply. This letter supports rule language proposed by West Palm
Beach that would better protect public water supplies.
We also ask for Council’s approval to allow Mayor Watford to present the City’s posi tion
at upcoming SFWMD virtual meetings.
Recommendation:
We recommend Council approval of the attached letter urging SFWMD to hold a
workshop and consider alternatives to its proposed EAA Reservoir Water Reservations
Rules.
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CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www.cityofokeechobee.com
Okeechobee City Council
Mayor Dowling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
______________________________________________________________________
November 5, 2020
SENT VIA EMAIL:
dmedelli@sfwmd.gov
tedwards@sfwmd.gov
Mr. Don Medellin
Ms. Toni Edwards
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
Re: EAA Reservoir Reservation Rulemaking – Request for Public Hearing and
Consideration of Lower Cost Regulatory Alternatives
Dear Ms. Edwards and Mr. Medellin:
The City of Okeechobee thanks you for the opportunity to submit public comment on the
proposed EAA Reservoir Water Reservation Rules as set forth in the Notice of Proposed Rules
published in the Florida Administrative Register on October 16, 2020.
The City of Okeechobee, the namesake of Lake Okeechobee, is mindful of the varied usages of
the waters including but not limited to agricultural, municipal and potable usages. We are a
small city, as defined by Section 120.52(18), Florida Statutes, and have actively participated in
many state and federal efforts to restore America’s Everglades since conception in the 1990’s
and continue to do so. We support the State and the Army Corps of Engineers’ efforts to restore
the Everglades while providing for and maintaining regional water demands as well as making
sound operational decisions on Lake Okeechobee.
As stated in our previous comments on the EAA Reservoir Project, we remain concerned that the
diminished water rights resulting from LORS08 are now being incorporated into the EAA
Reservoir Water Reservation Rule. The City, through the Okeechobee Utility Authority, relies on
Lake Okeechobee for its drinking water. Our agricultural community understands the need for a
reliable water supply and especially a supply that feeds our nation. The sanctity of an existing
legal users’ right to water through its permit is a cornerstone of Florida’s water law, the
SFWMD’s water use permitting program, and the state/federal partnership in the Comprehensive
Everglades Restoration Plan.
As proposed, the rule raises much uncertainty regarding the quantities and timing of discharges
from the EAA Reservoir. It also raises questions about whether the water reservation complies
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with state and federal mandates regarding the protection of existing legal sources of water in
relation to CERP. We recognize that SFWMD is expediting this rulemaking in order to enter
into a cost-share agreement with the Corps. Given that the SFWMD has adopted a rule
restricting the allocation of additional water supply from Lake Okeechobee, it appears the
necessary water protection measures are already in place and this alternative to the proposed rule
should be considered.
Another alternative worthy of consideration has been proposed by the City of West Palm Beach
in its letter to SFWMD dated October 5, 2020. Like the City of Okeechobee, West Palm Beach
also relies on surface water from the Central and Southern Florida Project for its municipal water
supply. We support our fellow city’s proposed rule language specifying that the current
reservation will automatically be reviewed and replaced through a new rulemaking process once
the EAA Reservoir is nearing completion.
Given there are several potential alternatives to the proposed EAA Reservoir water reservation
rule, we respectfully request the SFWMD hold a public hearing on its intended agency action.
Thank you for your consideration of these comments and suggested alternatives. We look
forward to the continued collaboration in addressing these issues and moving this important
CERP project forward.
Sincerely,
Mayor Dowling R. Watford, Jr
City of Okeechobee
c: Drew Bartlett, Executive Director, South Florida Water Management District
Chauncey Goss, Chair, South Florida Water Management District Governing Board