Title: Memorandum suggesting deletions and additions
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Permanent Link: http://ufdc.ufl.edu/UF00051037/00001
 Material Information
Title: Memorandum suggesting deletions and additions
Alternate Title: Memorandum suggesting deletions and additions noted in the Dec. 2, 1980 draft of proposed State Water Policy prepared by the Interagency Coordinator.
Physical Description: 3p.
Language: English
Publication Date: Dec. 3, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3A ( STATE WATER POLICY ), Item 27
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051037
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.

Full Text







The Governing Board recommends that the Secretary of the Department of
Environmental Regulation adopt a separate rule which would provide that
in determining reasonable-beneficial use of water in connection with
consumptive use permitting programs that consideration should be given
to:
a. Quantity of water requested for the use;

b. The demonstrated purpese ef and need for the use;

c. The suitability of the use to the source of water;
d. The social, economic and environmental value of the use;

e. The extent and amount of social, economic and environmental
harm caused;

f. The practicality of mitigating any harm by adjusting the
quantity or method of use;

S_ The method and efficiency of use;
gTh. Water conservation measures taken or available to be taken;

hyi. The practicality of reuse, or the use of waters of more
suitable quality;

4'j. The projected demand;

ayk. The extent of water quality degradation caused; and
k AOy-khamf-eansed-te-enxstcRg-pemrtted-usefp-ei-ether-esxoutr g
ex4ftiRg-usest-afd
1. Other environmental factors impacting the water resources.














Ul sten t& :{z45







PROPOSED STATE WATER POLICY

1. It is th policy of the State of Florida to assure an adequate and affordable supply
of water of needed quality to meet all demands of reasonable and beneficial uses.
efficient
2. Water be reserved for essential non-withdrawal demands such a navigation ,
Recreation and the maintenance of natural systems.: /- .
3. It is the policy of the state to protect water systems, particularly wetlands
and floodplains. High priority should be given to the acquisition of wetlands, particularly
those adjacent to state-se.ereign lands.
4puDlic
4. Water Policy should provide for the control and treatment of stormwater r jiff. New
development in Florida should be required to retain runoff to approximate prior Jondt-Tons.
Control of existing runoff problems should be dealt with on a long-term, (cost-fective basis.
5. All regions should utilize local water resources to the greatest degree that is econom-
ically and environmentally feasible before considering the transfer of more distant water
resources.
S6 Intercounty nd interbasin transfers of water shall be subject to district approval,
San interdist'Ct transfers of water shall be agreed upon by the respective districts or,
/, in conflict, shall be referred to the Land and Water Adjudicatory Commission.
7. Whe4e-fes4le-e The use and reuse offwater of the lowest acceptable quality for the
purpose intended AW be encouraged.
8. Water management should be coordinated ithi local land use plans and activities.
9. A'eneficiariespay for water management works where appropriate.
i 10. Encouragement and assistance should be provided in the assessment of non-structural
solutions tp flQoding, soil erosion and drainage problems.
11. :t^eitaa a 4t -i reasonable-beneficial use of water sh4ieb.e-a5sed=Bp-.
consideration .tr..t:- ./-/ ':-.?-- -
a. Quantity of water reqbiested for the use;
b. The demonstrated purpose of and need for the use:
c. The suitability of the use to the source of water;
d. The social, economic and environmental value of the use;
e. The extent and amount of social, economic and environmental harm caused;
f. The practicality of mitigating any harm by adjusting the quantity or method of use;
g. Water conservation measures taken or available to be taken;
h. The practicality of reuse, or the use of waters of more suitable quality;
i. The projected demand;
j. The extent of water quality degradation caused;
k. Any harm caused to existing permitted users or other existing uses; and,
1. Other environmental factors impacting the water resources.
12. Water use support new inappropriate development in wetland, floodplain, and flood
hazard, areas not be considered reasonable-beneficial uses.
13. _, -use of water shsl-1 be limited to reasonable-beneficial uses, and water
conservation, s-4+1 be a condition of water use.

JRW:rls < \ /7,/
12-2-80 \ .
___ A ".'/.__












MEMORANDUM
12/3/80

TO: JOHN R. WEHLE, INTERAGENCY COORDINATOR

FROM: J. EDWARD CURRENT, ATTORNEY, LEGAL DEPARTMENT U^

RE: Proposed State Water Policy

Certain deletions and additions to your 12/2/80 draft of your
proposed State Water "Policy" were suggested last night. This
memo is not intended to address these but to make other suggestions.

1. First and foremost, I would again strongly encourage the delet-
ion of llk. on the following grounds:

(1) There are three tests an applicant for a water use permit
must meeet: Reasonable-beneficial; non-interference with any
legal use of water existing at the time of application; and,
public interest. There is an intentional exclusion of
interference with existing legal uses from :he reasonable
beneficial use test.

(2) The objectives sought are achieved through (d), (e) and
(g) of X.03(4); or 11(e) and (f) of yours.

(3) It's inclusion would significantly impact our water
use permitting program and would increase the need fcr legal
involvement.

2. Delete paragraph 1 and substitute the statement found in DER
10/25/80, Draft Section 17-X.03(1)(a) "All waters of the state
shall be managed to maximize reasonable-beneficial uses."

3. Rephrase paragraph 2 to read: Water to support essential non-
withdrawal demands such as navigation, recreation and the main-
tenance of natural systems shalllbe preserved.

4. Paragraph 4, last sentence, reword: Existing runoff problems
should be identified and reduction required where practicable.

5. Reword paragraph 8 to read: Water management and local land
use planning should be coordinated to the extent practicable.

6. As to paragraph 11: Retain a. and delete all of the rest and
substitute (a) through (1) of X.03(4) of the 10/25/80 DER Draft
except -(If it is our intent to not consider the amount of land
owned or controlled,) then delete (j); and rephrase (1) to read
"other factors which may be deemed appropriate."


JEC/ld

cc: D. R. Feaster
G. W. Kuhl
J. T. Ahern, Esquire
L. M. Blain, Esquire





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