SUBJECT
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Update on the Alafia River Water Supply Project (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 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 July 22, 2025, the Southwest Florida Water Management District (SWFWMD) approved a water use permit modification request from Tampa Bay Water (TBW). The permit modification will allow TBW to increase their withdrawal from 10% to 19% of river flows after minimum low flow criteria are met. Water availability analysis by the PRWC indicates that the permit modification granted to Tampa Bay Water makes a PRWC water supply project on the Alafia no longer be viable. Following discussions with TBW and SWFWMD regarding PRWC concerns, the PRWC filed a petition for a formal administrative hearing with the District on September 30, 2025.
An Administrative Law Judge was appointed, and a hearing date was set for March 4-11, 2026. Following on-going legal actions, the parties agreed to delay the hearing to attempt mediation. On March 12, 2026, a mediation session between the PRWC, SWFMWD, and TBW occurred. As a result of the mediation session a framework was established for a settlement agreement. On March 18, 2026, the PRWC Board of Directors approved the “Notice of Change of Agency Action and Settlement and Coordination Agreement Between Polk Regional Water Cooperative, Tampa Bay Water, and Southwest Florida Water Management District” (Exhibit A). On March 24, 2026, the SWFWMD approved the document and then on April 20, 2026, TBW approved the document.
The Settlement Agreement provides for the following actions to occur:
1) The parties shall file a joint motion requesting the Administrative Law judge to accept the agreement and relinquish jurisdiction to the District to issue a final Order dismissing the petition and issue a final permit;
2) A Water Supply Planning Committee will be formed by the three settlement agreement signatories to participate in structured planning and identification of an alternative project to the PRWC’s use of the Alafia. The PRWC shall have until December 31, 2032, to decide if it wishes to pursue an alternative project or use the Alafia River as an alternative water supply source.
3) The PRWC has until 2040 to submit a permit application to the SWFWMD. The PRWC and TBW agree not to challenge each other over a permit application or modification submitted by either entity up to 2040;
4) If the PRWC elects to use the Alafia River as an alternative water supply source, obtains a water use permit, and constructs the necessary infrastructure the TBW permit will be modified to
allow the PRWC to use up to 5% of flows for a PRWC alternative water supply project.
PRWC staff will provide an overview of the settlement agreement and final actions to conclude the petition.
RECOMMENDATION
This is an information item, and no action is required by the Board.
FISCAL IMPACT
The total legal challenge budget approved by the BOD is $430,820. As of May 1, 2026, the amount of funds used totaled $385,435.
CONTACT INFORMATION
Eric DeHaven
Katie Gierok
Ed de la Parte