Rare Interdistrict Transfer Approved to Supply Polk County

The Tohopekaliga Water Authority ("Toho") and Polk County entered into an Interlocal Agreement that contemplates that Toho will provide Polk County's Northeast Regional Utility Service Area ("NERUSA") temporarily with potable water supply for up to five years. Polk County is subject to a consent order with the Southwest Florida Water Management District ("Southwest") which requires it to refrain from overpumping under its permit and develop additional sources of water to meet demands in the NERUSA. Toho's withdrawal facilities are located in the South Florida Water Management District ("South Florida") and the County's NERUSA is located within the Southwest.

Toho sought to modify its permit with South Florida to allow an inter-district transfer of up to 3.75 mgd to Polk County to be used within Southwest.

Paragraph 373.223(3), F.S., provides an "inter-district transfer" application process for the withdrawal of groundwater in one water management district and use of the water in another water management district. The application is filed with the water management district in which the withdrawals are proposed to be made. Only a permit from that district, based on its permitting criteria, is required for the inter-district transfer. The comments of the district within which the water will be used must be attached to the notice of proposed action. In applying the public interest test, the permitting Governing Board must consider the future water needs of the area of the withdrawal and the area of use. If both needs can be met, and all other permitting criteria are met, the permit shall be issued. An additional notice of proposed action is required. If requested, DEP reviews the intended action and issues a final order.

The South Florida Governing Board approved the transfer, subject to Toho, Polk County, Southwest and South Florida entering into an agreement containing provisions specified by the South Florida Governing Board. The parties are currently working on a draft agreement.

This is the first interdistrict transfer to be approved by South Florida and one of the very few approved in the state. However, it is anticipated that more of these transfers will be requested as growth moves inland toward the center of the state where the boundaries of the water management districts meet.