CITY COUNCIL AGENDA ITEM
Memo Date: August 30, 2024
Agenda Date: September 10, 2024
Prepared By: John A. Walsh, P.E., Utilities Director
Through: John A. Walsh, P.E., Utilities Director
Requested Action:
title
Approve Task and Agreement for Process to Issue an Agricultural Use Consumptive Use Permit to East Central Florida Service for the Taylor Creek Reservoir/St. Johns River Water Supply Permitting pursuant to the Taylor Creek Reservoir/St. Johns River (TCR/SJR) Water Supply Agreements with Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services, Inc. (Water Suppliers). End
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BACKGROUND:
The City of Cocoa has entered into multiple previous agreements with Orange County Utilities, OUC, Toho Water Authority, and East Central Florida Services, Inc. (ECFS) to develop a regional alternative water supply project called the Taylor Creek Reservoir/St Johns River Water Supply Project (TCR Project). The TCR Project involves withdrawing water from the man-made Taylor Creek Reservoir. The Taylor Creek Reservoir is in eastern Orange and Osceola Counties.
ECFS is a private water utility that serves the landholdings of Deseret Ranches of Florida. As part of the TCR Project negotiations, the parties agreed years ago that ECFS could withdrawal a small quantity of water - 2.71 million gallons per day - from the Taylor Creek Reservoir to irrigate crops on a few fields near the reservoir. The parties further agreed that ECFS could seek reoccurring “temporary” consumptive use permits for this quantity of water.
The SJRWMD Governing Board established a new policy providing that the process of constantly renewing temporary consumptive use permits could not be a means to authorize long term water use. The SJRWMD Governing Board directed the parties participating in the TCR Project to develop another way of agreeing to allow ECFS to use this limited quantity of water from the Taylor Creek Reservoir.
To respond to the SJRWMD Governing Board’s new direction, the parties developed the attached “Agreement for Process to Issue an Agricultural Use Consumptive Use Permit to East Central Florida Services” (3-year Ag Use Agreement).
The 3-Year Ag Use Agreement reflects the parties’ consent to ECFS seeking a 3-year duration consumptive use permit from the SJRWMD to withdrawal up to 2.71 million gallons per day to irrigate the same fields as ECFS has been irrigating with this quantity of water for the past 15+ years. The 3-year consumptive use permit duration was agreed upon because it matches the duration of a current agricultural lease for these fields.
The Agreement contains many safeguards to ensure that by obtaining such a consumptive use permit, ECFS does not gain prior use rights that would impact the viability of the TCR Project and the ability of that TCR Project to provide water for all the other water users. This includes agreements by ECFS that the 3-year duration consumptive use permit does not establish any prior use right and an agreement to propose that certain conditions be placed on this permit ensuring that the permit does not adversely affect the TCR Project in any way. ECFS agrees to all these conditions.
Recommendation
Staff recommends Council approve the attached Agreement for Process to Issue an Agricultural Use Consumptive Use Permit to East Central Florida Services. This Agreement will allow limited surface water use for existing crop-growing fields while not impacting the TCR Project overall and not impacting Cocoa’s ability to obtain water from the TCR Project. The 3-Year Ag Agreement will not take effect until all parties approve and the agreement is executed with all party signatures.
STRATEGIC PLAN CONNECTION:
N/A
BUDGETARY IMPACT:
Budgeted N/A
If not budgeted, is amendment/transfer attached? N/A
PREVIOUS ACTION:
On August 22, 2017, City Council approved participation in the Taylor Creek Reservoir/St. John River Water Supply Project and a series of agreements between the City of Cocoa, Orange County, Orlando Utilities Commission, East Central Florida Services and Toho Water Authority.
RECOMMENDED MOTION:
Recommendation
Approve Task and Agreement for Process to Issue an Agricultural Use Consumptive Use Permit to East Central Florida Service for the Taylor Creek Reservoir/St. Johns River Water Supply Permitting pursuant to the Taylor Creek Reservoir/St. Johns River (TCR/SJR) Water Supply Agreements with Orange County, Toho Water Authority, Orlando Utilities Commission and East Central Florida Services, Inc. (Water Suppliers).