FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
AGENDA

September 10, 2002

1. Approval of the minutes of the meeting held August 27, 2002.

2. Consideration of a Petition to Amend the Boundaries of the Circle Square Woods
Community Development District located in Marion County. Petitioner: Circle Square Woods Community Development District (FLWAC Case No. CDD-02-003).

On February 15, 2002, the Circle Square Woods Community Development District (CDD) submitted a petition to amend its boundaries pursuant to Chapter 190, F.S. The land area proposed to be deleted consists of approximately 1,737.03 acres. After contraction, the District's boundaries will consist of approximately 718.75 acres within the jurisdictional boundaries of Marion County. The District has written consent to the contraction of 100% of the landowners within the contraction parcel. District services and facilities currently provided to the contraction parcel consist of water treatment and distribution, wastewater collection, treatment, and residual disposal. The contraction parcel is currently undeveloped land and is projected for development in the future. When the land is developed, either the developer will provide infrastructure or the landowner may form a new district, or districts, to do so.

Upon request of the Secretary, the Withlacoochee Regional Planning Council reviewed the petition from the standpoint of its programs and responsibilities, and the requirements of section 190.005(1)(e), F.S. On April 3, 2002, the Regional Planning Council submitted a letter indicating the change to the District is not expected to create adverse effects on regional resources, facilities or other jurisdictions.

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on May 20, 2002, in Ocala, Florida. The DOAH Administrative Law Judge submitted a Report to the Commission on June 25, 2002, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S., and recommending the Commission grant the petition to contract the Circle Square Woods CDD.

Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices.

Recommendation:

Approve the proposed final rule and authorize the Secretary to file for final rule adoption.

Back-Up:

Circle Square Woods CDD's petition received on February 15, 2002.

Withlacoochee Regional Planning Council's letter received on April 3, 2002.

DOAH's Report received on June 25, 2002.

Proposed Final Rule.

3. Consideration of Amendments to the Criteria Manual for the Seminole Water
Rights Compact.

In 1987 the Seminole Tribe of Florida ("Tribe"), the South Florida Water Management District ("District"), and the State of Florida entered into a Water Rights Compact ("Compact"). Both Congress and the Florida Legislature adopted the Compact as state and federal law. The Compact recognizes the Tribe's sovereign status, yet also creates a system of regulation applicable to the Seminole Tribe that is in harmony with the essential terms and principles of Florida's water management system found in Chapter 373, F.S. Key provisions of the Compact protect surface and groundwater within and outside the Tribe's reservations, prevent adverse environmental impacts, give the District input into Tribal resource decision making while respecting the Tribe's sovereign status, and protect the Tribe's water rights and development potential. Procedurally, the Compact provides a mechanism for resolving conflicts between the District, Tribe, and third parties.

To provide for the detailed criteria necessary to implement the Compact, a Criteria Manual for the Seminole Water Rights Compact ("Manual") was created. The Manual sets forth criteria for consumptive use, surface water management, underground injection, water shortage, well construction matters, as well as administrative procedures. The Compact recognized the Manual may require periodic updating and set forth a procedure for accomplishing such amendments. The process includes achieving District, State, and Tribe agreement on any proposed revisions to the Manual. (The parties necessary to accomplish Manual amendment include the District, acting through its Governing Board; the Tribe, acting through its Tribal Council; and the State, acting through the Governor and Cabinet sitting as the Land and Water Adjudicatory Commission.) Additionally, contemplated revisions include public notification of such agreed upon amendments and an opportunity for substantially affected third persons to request a hearing before the District Governing Board.

Tribal representatives and District staff negotiated wetland protection and mitigation criteria, which is detailed in the proposed amendments to the Manual. The proposed Manual amendment addresses wetland impacts on Tribe Reservations by creating the wetland mitigation program. Other proposed revisions update the Manual to be more consistent with current Environmental Resource Permitting rules. These revisions include:

§ A goal of no net loss of wetland functions.
§ No impacts to wetland functions and fish, wildlife and listed species habitat.
§ Wetland Impact Sequencing Criteria (Avoidance, Minimization, Practicable
Alternatives, and Compensatory Mitigation).
§ Utilization of a Wetland Functional Assessment Methodology.
§ Mitigation Ratios based on the Wetland Functional Assessment.
§ Melaleuca Wetland Ratios.
§ Detailed Mitigation Plan and Monitoring Criteria.
§ Mitigation Success Criteria.
§ Cumulative Impact Criteria.

The Tribal Council of the Seminole Tribe of Florida and the Governing Board of the District have both approved the subject amendments to the Manual through adoption of resolutions on May 21, 2002, and June 13, 2002, respectively. In addition, the Department of Environmental Protection issued a letter supporting the Manual amendments on July 31, 2002.

Recommendation:

Approve the proposed amendments to the Manual.

Back-Up:

Background and proposed revisions to the Manual.

Map of Seminole Tribe of Florida Reservations and Tribal Trust Lands Subject to Water Rights Compact.

Resolution adopted by the Seminole Tribe of Florida dated May 21, 2002.

Resolution adopted by the Governing Board of the South Florida Water Management District dated June 13, 2002.

Department of Environmental Protection's letter of support dated July 31, 2002.

Draft Notice of Approval.