SUBJECT
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Alafia River Water Supply Project Update and Request to File an Administrative Challenge to Tampa Bay Water Alafia River Permit (Action)
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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 in this report 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 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 the SWFWMD deemed the TBW application complete, and the Governing Board approved the permit modification on July 22, 2025. Now that the permit has been approved, PRWC has 21 days in which to file a petition for hearing. However, Tampa Bay Water has indicated a willingness to meet with PRWC to resolve this matter. In order 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. The PRWC and TBW are scheduling a meeting to discuss the Alafia River permit for the first two weeks in August. If a settlement is reached, the matter will be brought forward to the Board’s September 17, 2025 meeting. If the parties need more time to continue their discussion, the September 30, 2025 deadline could be extended.
The PRWC permit application for the Alafia River was submitted on June 18, 2025 and is currently under review by SWFWMD. The PRWC received a Request for Additional Information on July 18, 2025 and is working to provide a response.
As a result of the rapid approval of the TBW permit modification and the unknown outcome of continued discussions with TBW, and 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 would like approval from the PRWC BOD to pursue a formal challenge to the TBW permit modification, if necessary. The PRWC General Counsel, Mr. de la Parte has developed an estimated budget for the permit challenge based on a draft agreement and scope of work and budget prepared by Wright-Pierce (attached) and Mr. de la Parte’s estimate of legal cost and attorney’s fees.
|
Vendor |
Fees and Costs |
|
Wright-Pierce |
$79,820.00 |
|
De la Parte, Gilbert, McNamara & Caldevilla, P.A. |
$125,000.00 |
|
TOTAL: |
$204,820.00 |
The estimated cost to the PRWC covers a permit challenge through entry of a Recommended Order. This estimate is subject to change depending on a number of factors. A more refined estimate will be provided after initiation of any administrative action. If this matter is resolved through settlement, these funds will not be expended.
The PRWC has determined that the most direct method to fund the potential permit challenge costs is to fund the project through the PRWC administrative budget. This would increase the amount budgeted in the Administration Budget for the current 2025 fiscal year. The cost of the increase to each member is shown in the attached table. If approved and a permit challenge is deemed necessary, the PRWC will invoice members for these costs by the end of FY2025.
RECOMMENDATION
Approve the legal challenge budget for the Alafia River Alternative Water Supply Permitting Project, amend the administrative budget by $204,820 to cover costs of this work, ratify the Executive Director’s direction to seek an extension of time to file a petition, authorize the Executive Director to approve additional extensions of time if the negotiations are proving fruitful, and authorize staff to file an administrative challenge if the negotiations reach an impasse.
FISCAL IMPACT
The legal challenge costs are expected to be $204,820. Funds would be collected through a budget amendment increasing the administrative budget by $204,820.
CONTACT INFORMATION
Eric DeHaven
Katie Gierok
Ed de la Parte
