SUBJECT
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Alafia River Alternative Water Supply Project Update (Information)
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DESCRIPTION
The 2017 Phase 2 Implementation Agreement Engineers Report established the top priorities for alternative water supply options in the Polk County region. One of the highest ranked projects was a surface water project that captured flows from the North and South prongs of the Alafia River in Polk County. Initial analysis by TeamOne indicated that up to 15 MGD of long-term annual average surface water flow was available to the PRWC. This project continues to be listed as a future water supply source for the PRWC in both the Central Florida Water Initiative (CFWI) and Southwest Florida Water Management District (SWFWMD) Regional Water Supply Plans. PRWC water supply demand projections indicate that between 14 and 27 MGD of additional alternative water supply, beyond conservation and the Southeast, West Polk Projects, and Peace River/Peace Creek projects, will be needed by 2070. The Alafia River will potentially be a critical option to provide this additional supply.
On March 14, 2025, a meeting was held between Tampa Bay Water (TBW) and the PRWC where TBW provided notice to the PRWC that they intended to apply for a modification to their existing Water Use Permit on the Alafia River. The permit modification will allow TBW to increase their withdrawal from 10% to 19% of river flows after minimum low flow criteria are met. Initial water availability analysis by the PRWC indicates that if the permit modification is granted to Tampa Bay Water, a PRWC water supply project on the Alafia would no longer be viable.
At the April 21, 2025 TBW Board of Directors meeting, TBW staff requested Board approval to submit the permit modification to the SWFWMD. Following staff presentation and comments by the PRWC Executive Director, the TBW Board authorized staff to submit the permit modification request, allowing for a 30-day review/comment time by individual TBW members before submittal. TBW submitted the permit modification application on May 22, 2025.
On June 13, 2025, 21 days after the application was submitted, SWFWMD deemed the TBW application complete, and the Governing Board approved the permit modification on July 22, 2025. The PRWC would have had 21 days in which to file a petition for hearing. However, Tampa Bay Water indicated a willingness to meet with PRWC to resolve this matter. In order to allow additional time for continued discussions between the agencies, the Executive Director directed Mr. de la Parte to file a motion to extend the permit filing deadline through September 30, 2025, which was granted by SWFWMD on July 29, 2025.
The PRWC, SWFMWD, and TBW met on August 5, 2025 to continue discussions on the permit modification and Polk County’s need for future alternative water supplies. Additional discussions occurred through August and on September 3, 2025 TBW notified the PRWC that they were not willing to provide the PRWC future considerations for the Alafia River water associated with the permit modification. In order to protect the PRWC’s interests in the Alafia River as a future alternative water supply source for the Polk County region, the PRWC is now moving forward with a formal legal challenge to the TBW permit modification. On September 30, 2025, the PRWC filed a petition for a formal administrative hearing with the District. An Administrative Law Judge has been appointed, and hearing dates have been set for March 4 - 11.
Regarding the PRWC permit application for the remainder of the Alafia River flows, the PRWC submitted an application on June 18, 2025. Unlike TBW, PRWC received a lengthy Request for Additional Information (RAI) on July 18, 2025 to which a response was filed August 22, 2025. The PRWC received a second RAI on September 19, 2025 to which a response is being prepared. A meeting between the District and PRWC was held on November 6, 2025 to discuss the RAI.
RECOMMENDATION
This is an information item, and no action is required by the Board.
FISCAL IMPACT
The legal challenge costs are expected to be $204,820 through the entry of a recommended order. Funds for the initial tasks are included in the final FY2026 Budget and additional funds will be requested as needed.
CONTACT INFORMATION
Eric DeHaven
Katie Gierok
Ed de la Parte