Title: Comments on the Jan. 16, 1981 draft of the Rules of the Department of Environmental Regulation
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 Material Information
Title: Comments on the Jan. 16, 1981 draft of the Rules of the Department of Environmental Regulation
Alternate Title: Comments on the Jan. 16, 1981 draft of the Rules of the Department of Environmental Regulation, Chapter 17-x
Physical Description: 2p.
Language: English
Publication Date: Jan. 22, 1981
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3A ( STATE WATER POLICY ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051019
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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January 22, 1981

MEMORANDUM


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 ..
beneficial uses."

(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
(f) above.

(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.








John Wehle
January 22, 1981
Memorandum

Page 2


(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.



JEC:lc
cc: D. R. Feaster
J. T. Ahern, Esquire
L. M. Blain, Esquire 4& 1
M. Penman
G. W. Kuhl
















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