FKAA lifts water rule, eliminating prohibition

The Florida Keys Aqueduct Authority last week lifted one of its operating rules that will allow it to run water lines into any environmentally sensitive areas in the Florida Keys.

The utility’s Board of Directors voted 3-2 to lift its prohibition on running water lines into National Wildlife Refuge areas, hardwood hammocks, wetlands and specific areas of environmental sensitivity including Middle and Big Torch Keys, No Name Key, areas on Cudjoe Key surrounding endangered species nesting sites and environmentally sensitive areas in North Key Largo.

The rule, which had been in place for about 30 years, will also allow the utility to now run water lines to offshore islands located inside refuge boundaries and marine sanctuary boundaries.

The rule was originally put in place as part of an agreement the utility made with Farmer’s Home Administration to borrow federal funds to extend its pipes. As part of the loan application, FmHA had to consult with other affected federal agencies. One of those agencies was the US Fish & Wildlife Service. It was USFWS that requested the rule be put in place before it would sign off on approval of the loan.

FKAA officials said that because the loan had been paid off, the rule was superfluous.

That interpretation didn’t mesh with the opinions of officials from USFWS, the state Department of Community Affairs, or the wishes of the Monroe Board of County Commissioners.

The federal agency stated in a previous letter to FKAA on the issue that it believed the local rule was intended to be in perpetuity to guarantee protections for endangered species and their habitat that would be affected by development in environmentally sensitive areas.

DCA urged the utility not to rescind its rule because it felt the potential future protections of environmentally sensitive areas would be hampered if FKAA began running lines on its own volition into areas where conservation was a high priority.

And the BOCC unanimously opined that the removal of the rule by FKAA would not be in the best interests of the general public because the elimination of the rule banning pipes into environmentally sensitive areas constitutes the utility’s only protection policy for ecologically sensitive areas.

“FKAA made a contract with the US Fish and Wildlife Service when it accepted the money from the loan,” said Sloan Bashinsky, a local activist and current candidate for County Commissioner. “I don’t believe you can eliminate the rule without the approval of Fish and Wildlife.”

In voting to eliminate the rule on a 3-2 vote, FKAA board members said they believed that property owners should have the choice whether they wanted FKAA water or cisterns.

According to FKAA Executive Director Jim Reynolds, their legal counsel advised them that there wasn’t any existing reason why the utility should be in the business of controlling development in environmentally sensitive areas.

The issue arose after a No Name Key resident complained that her cistern water wasn’t safe to drink and asked for FKAA water to be run to the island.

Reynolds also said that if the residents were willing to pay for the extension of water lines, the utility wouldn’t stand in the way, however, island residents have said they plan to apply for grants to finance the water lines.

FKAA has already been asked by USFWS to do several studies of endangered species and habitat before they commence running water lines onto the environmentally sensitive island that is completely surrounded by the National Key Deer Refuge and the Great White Heron Refuge.

And although property owners say that the county has no jurisdiction in the matter, county growth management officials have not yet made a determination whether they will be able to issue building permits to allow residents to hookup to the lines if they are run.

The county’s land use regulations specifically prohibit the extension of utilities to No Name Key if those lines must run into or through areas designated as part of the federal Coastal Barrier Resource System.

County Attorney Suzanne Hutton has said that the county cannot control the extension of utilities through scarified public rights-of-way, but has not yet opined on whether areas where no public right-of-way exists can be afforded the same protections.

Roads serving some of the homes on No Name Key are privately owned, thus the need for the opinion.

Residents of other areas that will be affected by the rule elimination were near unanimous in their disapproval of the measure, claiming that the rule’s elimination would open up environmentally sensitive areas to development.

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One Response to “FKAA lifts water rule, eliminating prohibition”

Comments

1. Doug Aug 14 2010 / 6am

   It is about time that a proper decision has been made for island residents concerning FKAA supplying water for basic human needs. Most all Americans take for granted their endless supply of safe consumable water. Those that have to depend on the sky for their supply must also accept the contaminants that are removed from the air during rainstorms. I’m sure that those opposed never worry about that. A tip of the hat to the board members that stood up to the loud vocal minority, doing what is the proper action for all involved. Development of any kind, no. Basic human needs, yes.