| Material Information
||Comments on the Jan. 16, 1981 draft of the Rules of the Department of Environmental Regulation
||Comments on the Jan. 16, 1981 draft of the Rules of the Department of Environmental Regulation, Chapter 17-x
||Jan. 22, 1981
||North America -- United States of America -- Florida
||Box 2, Folder 3A ( STATE WATER POLICY ), Item 9
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
January 22, 1981
TO: JOHN WEHLE, INTERAGENCY COORDINATOR
FROM: J. EDWARD CURRENT, ATTORNEY, LEGAL DEPARTMENT A 4---
RE: Water Policy draft 1/16/81
Following are a few brief comments on the latest draft:
(1) Section 17-X.03(1): The word "sought" is still there. I
personally think the whole statement is poor, and
would prefer the statement: "All waters of the
State shall be managed to maximize reasonable ..
(2) Section 17-X.03(5): The second sentence should not be a
policy statement. This type of language is found
only in Section 373.1962 et seq. F.S. This
language as "policy" would limit Governing Board
options in Part 2 CUP Permitting where test is
consistency with public interest.
(3) Section 17-X.04(2)(g): This is new statement and is not
necessary as it is adequately covered under (e) and
(4) Section 17-X.04(2)(1): I feel consideration of "safebasis
yield'! needs to be somewhere but am not sure where.
(5) Section 17-X.07: The whole section on Surface Water
Management has been substantially reworded, probably
through SFWMD input. It really contains all o. the
elements of a very effective permitting program, so it
is difficult to be critical of it. However, it goes
far beyond the scope of our present Part 4 Program
and therefore would impact this District.
(6) Section 17-X.08: This section was not reviewed at the last
meeting in Tampa. My concern is that it broadens the
scope of Section 373.042 and makes protection of non-
consumptive uses mandatory rather than discretionary.
I would suggest that in paragraph (1), fourth line,
after the word ecology be added "from significant harm.
Factors which may be considered include:"
(7) Section 17-X.10: Still contains the 12 months time frame and
the language changes don't really change the thrust.
January 22, 1981
(8) Section 17-X.10(6): This section has more impact than
before since the Department may make the determination
that Chapter 373 programs be implemented.
cc: D. R. Feaster
J. T. Ahern, Esquire
L. M. Blain, Esquire 4& 1
G. W. Kuhl