1. Water Supply Planning Initiative State Water Commission November 22, 2004

2. Water Supply Planning Initiative Background u SB1221- enacted by the General Assembly in 2003 - required DEQ to develop criteria for local and regional planning and a preliminary state water resources plan. u WP-TAC completed the draft regulation in September 2004.

3. Water Supply Planning Initiative Issues Discussed by the WP-TAC u Roles of state and local government and water authorities u Inter-basin transfer u Incentives for regional approaches and alternative sources u Funding and technical assistance needs u Need for data for planning and analysis u Cumulative impacts to beneficial uses u Clarity of demand projections u Opportunities to improve permit process u State “advocacy” of local projects

4. Water Supply Planning Initiative Summary of Draft Regulation u All counties, cities and towns will submit a plan to the board, individually or as part of a region. u Local governments and community water systems will coordinate and cooperate with each other in the development of the plan. u The regulation does not change existing water rights.

5. Water Supply Planning Initiative Summary of Draft Regulation (cont.) u The regulation establishes a planning process and criteria that local governments will use in the development of the local and regional plans. u Local governments are required to submit their plan to the board within 3 to 6 years according to a staggered schedule based on population. u Regional groups have 6 years to submit a plan.

6. Water Supply Planning Initiative Summary of Draft Regulation (cont.) u Required elements include: –A description of existing water sources; –A description of existing water use; –A description of existing water resource conditions; –An assessment of projected water demand; –A description of water management actions; –A statement of future demand; –An analysis that identifies potential alternatives to address projected deficits in supplies;

7. Water Supply Planning Initiative Summary of Draft Regulation (cont.) u Required elements include (cont): –A map or maps identifying important elements of the plan; –A copy of the adopted documents, e.g. plans, ordinances, etc.; –A resolution approving the plan from each local government that is party to the plan; and –A record of the local public hearing, a copy of all written comments and the submitter's response to all written comments received.

8. Water Supply Planning Initiative Summary of Draft Regulation (cont.) u To assist local governments in the development of local programs, the DEQ will: – Provide technical and financial assistance; – Provide guidance on compliance options; – Facilitate acquisition of existing resource conditions and post on our website; – Facilitate acquisition of existing use information that has been reported and post on its website; – Facilitate acquisition of water management information and post on our website;

9. Water Supply Planning Initiative Summary of Draft Regulation (cont.) u DEQ assistance (cont.): – Identify acceptable methods for the projection of future water demands; – Provide any information regarding known conflicts relating to the development of alternatives; – At the request of the applicant, convene a Technical Evaluation Committee meeting; and – Provide internet postings of local public hearing(s).

10. Summary of Draft Regulation (cont.) u DEQ will review all local and regional plans to determine compliance with this regulation and consistency with the State Water Resources Plan. u Localities to review their plans every five years to assess adequacy. u Significant changes require board review. Water Supply Planning Initiative

11. Summary of Draft Regulation (cont.) u DEQ will give public notice on our website for every tentative and final decision to determine local program compliance. u Commenters may request a public meeting. Water Supply Planning Initiative

12. State Benefits of Water Supply Planning –Greater understanding of water resources and water demands; –Increased information for use in evaluating water supply projects; –Increased public involvement in resource management decisions; –Earlier opportunity to identify and address conflicts among users; and –Improved responsiveness and preparation for drought. Water Supply Planning Initiative

13. Local Benefits of Water Supply Planning –Improved information on resource issues that impact long-term plans and projects; –Promotes focus on most viable water supply alternative; –Improved coordination and preparation for permitting and regulatory processes; –Economic development tool (i.e., documented plans for meeting water supply needs). Water Supply Planning Initiative

14. WP-TAC recommendations on what the state needs to provide for effective water supply planning: u Technical and financial assistance to localities to complete water supply planning analysis. u Additional data and information on the status and availability of ground water. u Additional information and analysis on the availability of surface waters and in-stream flow requirements. Water Supply Planning Initiative

15. Next Steps for Draft Regulation u The anticipated next steps for this regulation include: – Presentation as a draft regulation to the State Water Control Board on December 2, 2004; – Public comment period during Spring 2005; – Final regulation to State Water Control Board in June 2005; and – Regulation enacted by December 2005. Water Supply Planning Initiative

16. Next Steps for Draft Regulation (cont.) u DEQ plans to submit a budget request for: – An additional $650,000 in FY 2006 for local and regional technical assistance grants (continued financial assistance will be needed each year thereafter for local and regional grants); and – An additional $350,000 in FY 2006 for development of ground water data for use in local and regional planning efforts. Water Supply Planning Initiative

17. VWP Permit Regulation u The WP-TAC identified the potential need to address a number of permit issues, including: – The need for implementing a formal Pre-Application Scoping Process for water supply projects; – The need to clarify the requirement for Cumulative Impact Assessment for water supply projects; – The need to clarify requirements for Alternatives Analysis for water supply projects; and – The need to investigate ways to streamline the permit process for water supply projects. Water Supply Planning Initiative

18. VWP Permit Regulation (cont.) u The anticipated schedule for this process is: – Issue NOIRA in November 2004; – Establish work group by January 2005; – Begin work group meetings in February 2005; and – Present the SWCB with a draft of any changes by October 2005. – Public comment period during Spring 2006; – Final regulation to State Water Control Board in June 2006; and – Regulation enacted by December 2006. Water Supply Planning Initiative

19. Robert G. Burnley Department of Environmental Quality (804) 698-4020

20. State Water Resources Plan State Water Commission November 22, 2004

21. State Water Resources Plan Anticipated Structure of the Plan u Organized in 3 parts: –Part 1 – Policy, guidance and data for planning; –Part 2 – Basin summaries of submitted water plans; –Part 3 – An annual status report.

22. State Water Resources Plan Summary of Part 1 u Basic planning information and data such as historic use, climate, geology, etc. u Guidance on how to comply with the planning regulation, including suggested “best practices”. u Statement of water planning policy and principles.

23. State Water Resources Plan Summary of Part 2 u Compilation of existing information on water resources. u Compilation of local and regional water plans. u Organized by locality and river basin.

24. State Water Resources Plan Summary of Part 3 u Discussion of current water issues such as drought, etc. u Information on current status of data collection efforts and plan adoption.  Recommendations including strategies to address program needs or some current water issue. u Anticipate annual updates.

25. Benefits of a State Plan –Improved understanding of water resources and water demands; –Earlier opportunity to identify and address resource conflicts and conflicts among users; –Can be an economic development tool (i.e., state documented plans for meeting water supply needs). –Inclusion of local and regional plans is recognition by the state of local water needs. State Water Resources Plan

26. Scott Kudlas Department of Environmental Quality (804) 698-4456