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9 VAC 25-780 Local and Regional Water Supply Planning Regulation

Water Supply Planning Regulation. BackgroundDrought of 1999-2002 spurred formation of a Water Policy TAC in the Fall of 2002 to address ways to improve water supply planning.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..

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9 VAC 25-780 Local and Regional Water Supply Planning Regulation

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    1. 9 VAC 25-780 Local and Regional Water Supply Planning Regulation Scott Kudlas May 2005

    2. Water Supply Planning Regulation Background Drought of 1999-2002 spurred formation of a Water Policy TAC in the Fall of 2002 to address ways to improve water supply planning. 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.

    3. Water Supply Planning Regulation Background (cont.) 30+ member WP-TAC was formed to work with DEQ and VDH to draft regulation. WP-TAC was made up of diverse interests, including business, environmental, local, and water supply representatives.

    4. Water Supply Planning Regulation Judy Dunscomb, The Nature Conservancy Patricia Jackson, James River Association David Kovacs, VA Conservation Network Ed Imhoff Chris Miller, Piedmont Environmental Council Samuel E. Hamilton, Virginia Agribusiness Council Wilmer N. Stoneman, Virginia Farm Bureau Federation Terrell J. Reid, VA Section AWWA Guy Aydlett, VAMWA, Josh Rubinstein, VA Rural Water Association Thomas G. Botkins, VA Manufacturers Association Robert Royall, Virginia Water Well Association Mike West , Home Builders Association of Virginia Mike Thacker, AEP Ward Staubitz , U.S. Geological Survey Cathy Taylor , Dominion Virginia Power David K. Paylor , Deputy Secretary of Natural Resources Robert G. Burnley, DEQ Jerry Peaks , VDH Dan Kavanagh , VA Association of PDCs Eldon James, Rappahannock River Basin Commission Robert H. Conner , Roanoke River Basin Advisory Committee/Brunswick County Kristen Lentz , City of Norfolk Frank Sanders, City of Winchester Arthur D. Petrini , Henrico County Gerard Higgins , Blacksburg, Christiansburg, VPI Water Authority Charlie C. Crowder , Fairfax Country Water Authority Jesse J. Richardson, Virginia APA Jeffrey Irving, U.S. Army Corps of Engineers Dr. William E. Cox, VPI-SU Dept. of Civil & Environmental Engineering

    5. Water Supply Planning Regulation Issues Discussed by the WP-TAC Roles of state and local government and water authorities Inter-basin transfer Incentives for regional approaches and alternative sources Introduction to the slide: While the TAC discussed a variety of issues ( and this is not an exhaustive list), we did not address all of them in this regulation nor could we. Some of these issues are better addressed through means other than this regulation and still others may not be able to be addressed in a satisfactory manner by DEQ without additional authority. Item 1: There was a great deal of discussion about proper roles and defining who should do what. The regulation tries to recognize the role of localities as the lead in identifying and planning for local needs, the state should provide support and take the lead on larger state wide resource issues, and the authorities should cooperate with and provide expertise to local efforts. Item 2: We were unable to come to an resolution on how the plans should consider inter-basin transfers. Ultimately this was seen as a larger policy issue. Item 3: Incentives were seen by most of the TAC as issues of time and money. Technical and financial assistance was perceived as an incentive by many in the TAC. In addition, the regulation provides time incentives for regional solutions. Others defined incentives in terms of how the planning will impact my ability to get a project permitted. Introduction to the slide: While the TAC discussed a variety of issues ( and this is not an exhaustive list), we did not address all of them in this regulation nor could we. Some of these issues are better addressed through means other than this regulation and still others may not be able to be addressed in a satisfactory manner by DEQ without additional authority. Item 1: There was a great deal of discussion about proper roles and defining who should do what. The regulation tries to recognize the role of localities as the lead in identifying and planning for local needs, the state should provide support and take the lead on larger state wide resource issues, and the authorities should cooperate with and provide expertise to local efforts. Item 2: We were unable to come to an resolution on how the plans should consider inter-basin transfers. Ultimately this was seen as a larger policy issue. Item 3: Incentives were seen by most of the TAC as issues of time and money. Technical and financial assistance was perceived as an incentive by many in the TAC. In addition, the regulation provides time incentives for regional solutions. Others defined incentives in terms of how the planning will impact my ability to get a project permitted.

    6. Water Supply Planning Regulation Issues Discussed by the WP-TAC (cont.) Funding and technical assistance needs Cumulative impacts to beneficial uses State “advocacy” of local projects Opportunities to improve permit process Impacts on existing rights Item 1: DEQ committed to secure funding to provide aid to localities. DEQ also committed to begin developing necessary ground water and instream flow information. Finally, DEQ committed to providing technical assistance staff in each regional office. Item 2: Item 3: The term and how people defined it was the subject of much discussion. DEQ believes that the regulation and state plan will provide a significant measure of state advocacy for local water supply projects that result from the required planning. While the TAC agrees that there is probably not a one-size-fits-all method for projecting future water demands, most agreed that using established, accepted methodologies can improve state understanding and support for local plans and projects. The fact is we see some good ones and some not so good ones. The regulation tries to address this issue. Item 4: This is something that all members of the TAC agreed on but the vehicle is the proposed VWP TAC. A concern of some TAC members is that state agencies generally consider ad-hoc impacts but need to look more closely at the combination of both existing and proposed impacts from water withdrawals. This may be addressed in greater detail through the VWP TAC and ultimately the state plan. Item 5:Item 1: DEQ committed to secure funding to provide aid to localities. DEQ also committed to begin developing necessary ground water and instream flow information. Finally, DEQ committed to providing technical assistance staff in each regional office. Item 2: Item 3: The term and how people defined it was the subject of much discussion. DEQ believes that the regulation and state plan will provide a significant measure of state advocacy for local water supply projects that result from the required planning. While the TAC agrees that there is probably not a one-size-fits-all method for projecting future water demands, most agreed that using established, accepted methodologies can improve state understanding and support for local plans and projects. The fact is we see some good ones and some not so good ones. The regulation tries to address this issue. Item 4: This is something that all members of the TAC agreed on but the vehicle is the proposed VWP TAC. A concern of some TAC members is that state agencies generally consider ad-hoc impacts but need to look more closely at the combination of both existing and proposed impacts from water withdrawals. This may be addressed in greater detail through the VWP TAC and ultimately the state plan. Item 5:

    7. Water Supply Planning Regulation Background (cont.) After nearly 18-months of work, the WP-TAC completed the draft regulation on October 1, 2004. The State Water Commission endorsed the draft regulation on November 22, 2004. The State Water Control Board approved the draft regulation for public comment on December 2, 2004. There has been an awful lot of time and effort spent on this regulation by a lot of different people. This draft regulation has been looked at very closely by a lot of different people.There has been an awful lot of time and effort spent on this regulation by a lot of different people. This draft regulation has been looked at very closely by a lot of different people.

    8. Water Supply Planning Regulation Summary of Draft Regulation All counties, cities and towns will submit a plan to the board, individually or as part of a region. Local governments and community water systems will coordinate and cooperate with each other in the development of the plan. The regulation does not change existing water rights. Item 1: Everyone needs to do it. The goal is total state coverage. Item 2: Both localities and water authorities were concerned about their roles in this process. Therefore the regulation requires that they work together on the plan. Item 3: The regulation does not change existing water rights. It also will not effect projects that a permit has already been applied for.Item 1: Everyone needs to do it. The goal is total state coverage. Item 2: Both localities and water authorities were concerned about their roles in this process. Therefore the regulation requires that they work together on the plan. Item 3: The regulation does not change existing water rights. It also will not effect projects that a permit has already been applied for.

    9. Water Supply Planning Regulation Summary of Draft Regulation (cont.) The regulation establishes a planning process and criteria that local governments will use in the development of the local and regional plans. Local governments are required to submit their plan to the board within 3 to 6 years according to a staggered schedule based on population. Regional groups have 6 years to submit a plan. Item 1: The regulation establishes a common set of criteria for use in water planning. Item 2: If the regulation goes into effect this year the first plans would be due in 2008 and the last ones 2011. The schedule requires the largest localities to go first. However, any locality can submit earlier if they choose. The assumption is that smaller communities will need greater assistance and more time to complete their plans. Item 3: As an incentive to promote regional planning, additional time is provided.Item 1: The regulation establishes a common set of criteria for use in water planning. Item 2: If the regulation goes into effect this year the first plans would be due in 2008 and the last ones 2011. The schedule requires the largest localities to go first. However, any locality can submit earlier if they choose. The assumption is that smaller communities will need greater assistance and more time to complete their plans. Item 3: As an incentive to promote regional planning, additional time is provided.

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

    11. Water Supply Planning Regulation Summary of Draft Regulation (cont.) Required elements include: A description of existing water sources; A description of existing water use; Item 1: Where does the locality currently get their water from? Is it surface or ground water? How much water can you currently provide? Item 2: How much water does the locality actually use and by what types of uses, e.g. residential, commercial, industrial. Item 1: Where does the locality currently get their water from? Is it surface or ground water? How much water can you currently provide? Item 2: How much water does the locality actually use and by what types of uses, e.g. residential, commercial, industrial.

    12. Water Supply Planning Regulation Summary of Draft Regulation (cont.) Required elements include: An assessment of projected water demand; A statement of future need; An analysis that identifies potential alternatives to address projected deficits in supplies; Item 1: How much total water does the locality think it will need in 30-50 years? Item 2: How much of a water supply deficit will the locality have in 30-50 years? If any--some may not need a new supply. Item 3: Where (i.e. from what source) does the locality think it could get the water if a new supply is needed? e.g. A new 20 mgd intake on the Rappahannock, a new 10 mgd well, etc. Item 1: How much total water does the locality think it will need in 30-50 years? Item 2: How much of a water supply deficit will the locality have in 30-50 years? If any--some may not need a new supply. Item 3: Where (i.e. from what source) does the locality think it could get the water if a new supply is needed? e.g. A new 20 mgd intake on the Rappahannock, a new 10 mgd well, etc.

    13. Water Supply Planning Regulation Summary of Draft Regulation (cont.) Required elements include (cont.): A description of existing water resource conditions; A description of water management actions; Item 1: What environmental issues may exist that could limit the development of new sources or expand current sources of water? e.g. endangered species, anadromous fish, etc. Item 2: What conservation and drought response efforts does the locality have? Item 1: What environmental issues may exist that could limit the development of new sources or expand current sources of water? e.g. endangered species, anadromous fish, etc. Item 2: What conservation and drought response efforts does the locality have?

    14. Water Supply Planning Regulation Summary of Draft Regulation (cont.) Required elements include (cont): 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. Item 1: Any local documents adopted to comply with this regulation including any existing plans or ordinances that may already address required elements of the regulations. Item 2: This is a demonstration that the local elected officials support the plan being submitted to DEQ. Item 3:This demonstrates what level of support a plan has in the locality. It also allows the State Water Control Board to have the benefit of these conversations during their evaluation process.Item 1: Any local documents adopted to comply with this regulation including any existing plans or ordinances that may already address required elements of the regulations. Item 2: This is a demonstration that the local elected officials support the plan being submitted to DEQ. Item 3:This demonstrates what level of support a plan has in the locality. It also allows the State Water Control Board to have the benefit of these conversations during their evaluation process.

    15. Water Supply Planning Regulation Summary of Draft Regulation (cont.) To assist local governments in the development of local programs, DEQ will: Provide technical and financial assistance; Provide guidance on compliance options; Facilitate acquisition of data and examples of best practices and post on its website; Item 1, I will discuss financial assistance available from DEQ in greater detail in a later slide. Item 2, we will be hiring regional staff folks to work with you to help you ensure that your plans meet the requirements Items 3,4,5 Much of this planning will be based on readily available information provided by the DEQ. One goal of this regulation is to minimize the need to do expensive detailed studies. DEQ has a responsibility to compile its data in a manner that is accessible and packaged for local use. We also want to provide localities with examples of effective water supply planning.Item 1, I will discuss financial assistance available from DEQ in greater detail in a later slide. Item 2, we will be hiring regional staff folks to work with you to help you ensure that your plans meet the requirements Items 3,4,5 Much of this planning will be based on readily available information provided by the DEQ. One goal of this regulation is to minimize the need to do expensive detailed studies. DEQ has a responsibility to compile its data in a manner that is accessible and packaged for local use. We also want to provide localities with examples of effective water supply planning.

    16. Water Supply Planning Regulation Summary of Draft Regulation (cont.) 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). Item #1 is a means to foster greater state support for future local demands=a kind of state advocacy. We want to be able to support your needs. Items 2 &3 are a means to provide comprehensive comments about plans as early as possible in the local planning and development process=should promote resolution of project issues before the permit process=thus projects that get through the permit process quicker Item 4 This is a way for communities to keep track of what is going on in other communities in their river basins and around the state.Item #1 is a means to foster greater state support for future local demands=a kind of state advocacy. We want to be able to support your needs. Items 2 &3 are a means to provide comprehensive comments about plans as early as possible in the local planning and development process=should promote resolution of project issues before the permit process=thus projects that get through the permit process quicker Item 4 This is a way for communities to keep track of what is going on in other communities in their river basins and around the state.

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

    18. Water Supply Planning Regulation Estimated Costs The cost of developing a local or regional plan that complies with this regulation will vary due to a number of factors, including: the level of local staff involvement, the size of the locality or region, the complexity of the current sources of supply and delivery systems, the degree of local need for additional supply, and the types of strategies that are locally identified to address any need in the plans.

    19. Water Supply Planning Regulation Estimated Costs (cont.) DEQ estimates that it is likely to cost localities: $13,000 to $79,000 if the plan is developed using in-house resources; $19,000 to $115,000 if it is developed using a combination of in-house resources and external consultants; total cost of developing these plans is estimated to be $4.5 to $6.5 million.

    20. Financial and Technical Assistance $300,000 in FY 2006 for local and regional technical assistance grants (continued financial assistance will be needed each year thereafter for local and regional grants); 7 FTEs to provide planning assistance; and 2 FTEs to provide ground water technical assistance and for development of ground water data for use in local and regional planning efforts. Water Supply Planning Regulation

    21. Next Steps for Draft Regulation The anticipated next steps for this regulation include: 60-day public comment period April 4 to June 3, 2005; 8 public hearings scheduled from May 4-17, 2005; Final regulation to State Water Control Board in June or September 2005; and Regulation effective before December 2005. Water Supply Planning Regulation Public Comment period ends June 3rd Public Comment period ends June 3rd

    22. Public Hearing Dates and Locations May 4, 2005; 2:00 PM; Abingdon May 5, 2005; 2:00 PM; Roanoke May 9, 2005; 2:00 PM; Harrisonburg May 10, 2005; 7:00 PM; South Hill May 11, 2005; 2:00 PM; Lynchburg May 12, 2005; 4:00 PM; Richmond May 16, 2005; 7:00 PM; Woodbridge May 17, 2005; 7:00 PM; Virginia Beach Water Supply Planning Regulation Public Comment period ends June 3rd Public Hearings will be held at the following locations: DEQ Southwest Regional Office, 355 Deadmore St., Abingdon, VA. 24212, (276) 676-4800: on Wednesday,. DEQ West Central Regional Office, 3019 Peters Creek Road, Roanoke, VA. 24019, (540) 562-6700: on Thursday, May 5, 2005, beginning at 2:00 PM DEQ Valley Regional Office, 4111 Early Road, Harrisonburg, VA 22801, (540) 574-7800: on Monday, May 9, 2005, beginning at 2:00 PM. Lake Country Advanced Knowledge Center, 118 East Danville Street, South Hill, VA 23970, (434) 447-7101: on Tuesday, May 10, 2005, beginning at 7:00 PM. DEQ South Central Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, (434) 582-5120: on Wednesday, May 11, 2005, beginning at 2:00 PM. DEQ Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, (804) 527-5020: on Thursday, May 12, 2005, beginning at 4:00 PM. DEQ Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, (703) 583-3800: on Monday, May 16, 2005, beginning at 7:00 PM. DEQ Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, (757) 518-2000: on Tuesday, May 17, 2005, beginning at 7:00 PM.Public Comment period ends June 3rd Public Hearings will be held at the following locations: DEQ Southwest Regional Office, 355 Deadmore St., Abingdon, VA. 24212, (276) 676-4800: on Wednesday,. DEQ West Central Regional Office, 3019 Peters Creek Road, Roanoke, VA. 24019, (540) 562-6700: on Thursday, May 5, 2005, beginning at 2:00 PM DEQ Valley Regional Office, 4111 Early Road, Harrisonburg, VA 22801, (540) 574-7800: on Monday, May 9, 2005, beginning at 2:00 PM. Lake Country Advanced Knowledge Center, 118 East Danville Street, South Hill, VA 23970, (434) 447-7101: on Tuesday, May 10, 2005, beginning at 7:00 PM. DEQ South Central Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, (434) 582-5120: on Wednesday, May 11, 2005, beginning at 2:00 PM. DEQ Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, (804) 527-5020: on Thursday, May 12, 2005, beginning at 4:00 PM. DEQ Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, (703) 583-3800: on Monday, May 16, 2005, beginning at 7:00 PM. DEQ Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, (757) 518-2000: on Tuesday, May 17, 2005, beginning at 7:00 PM.

    23. Local and Regional Water Supply Planning Regulation Scott Kudlas Office of Water Supply Planning scott.kudlas@deq.virginia.gov (804) 698-4456

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