Title: Memorandum attaching a copy of staff's latest draft
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Permanent Link: http://ufdc.ufl.edu/UF00051039/00001
 Material Information
Title: Memorandum attaching a copy of staff's latest draft
Alternate Title: Memorandum attaching a copy of staff's latest draft of the State Water Policy.
Physical Description: 12p.
Language: English
Publication Date: Nov. 24, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3A ( STATE WATER POLICY ), Item 29
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051039
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





development, or other alterations of water or land, pre-

vent or threaten to prevent the attainment of reasonable-

beneficial uses of water or otherwise conflict with the

public interest.


4, The natural aquifer recharge and water storage function of

land shall be protected to the greatest extent practicable.


B. Floodplain5Rnd flood hazard areas sk4al+-be identified and

..haklQe managed to prevent loss of life and property and to

minimize. e environment ^/


1. Wetlands, floodplain5'vegea,- t n e a -e ont %f.aA #%^ao -

aendfoms shall be protected in accordance with estab-

lished WMB criteria.


2. The Department and iWB shall assist local governments in

the designation of floodplainmand flood hazard areas and

in the development and implementation of floodplain ordi-

nances or other .


3. The state shall seek to acquire appropriate wetlands and

floodplains.


C. Programs shall be developed and implemented for the mitigation

of damage caused by flooding.


V. Water Quality


A. The were quality of the state's waters shall be protected and

enhanced pursuant to the rules adopted pu.int_-. to Chapter 403,

Florida Statutes.


B. Water quality standards shall protect the present and future

most beneficial uses of all waters of the state, s.403.021(2)(6).


C. Present and future most beneficial uses shall be designated by


-5-

-_ .... ..--










the Department for the purpose of establishing water quality

standards.


VI. crj Legal/Administrative


A. Water laws shall be uniformly administered to the greatest

extent practicable, but'fta dardsLand' regulations shall take

into account differing regional vWE=r resource characteristics

and needs.


B. Water management programs should bp coordina ed with all levels

of government to provide for comprehensive growth planningA -. ---


1. The Dep rtment ,afd Districts shall review all Local Govern-

ment Comp ensive Plans and inform local government of

potential co flicts with state water policy.


^, Water quantity shall -be a consideration in all water quality

management decisions andvCr__YTl.a...
i^ _.... .i--'

3. Duplication of water quality and quantity permitting func-

tions shall be eliminated where appropriate through the

use of joint permitting forms, collocation of offices and

delegation or consolidation of agency responsibilities.


C. Th State Water Plan shall be developed and adopted pursuant to

Chapters 373.036 and 373.039, Florida Statutes, and shall be con-

sistent with state water policy identified in this Chapter.


D. The Department and Districts shall assist state universities

in the development of educational curricula and research pro-

grams which meet Florida's present and future water management
needs.


E. Interstate agreements and cooperative programs with Alabama

and Georgia shall be undertaken to provide for coordinated

management of interstate waters.


-6-

~ ~ ~ ~ -- _-- .... ........ ,, nn ---, ... . .". .. .









VlT Miscellaneous


A. Water resource projects of particular benefit to limited seg-

ments of the population should be financed by those most directly

benefited.


B. There should be an active public awareness effort as part of

water management programs especially in the area of floodplain

and wetland protection, water conservation, water demand, water

availability and environmental needs.


C. Non-structural project alternatives shall be given/equal consid-

eration to structural alternatives in water resources project

decisions.


D. The state endorses federal matieg,,fund programs which provide. ^^

faerte "oQ project costs, including land acquisition. P + ^JA


E. The multiple use of all public lands shall be encouraged consist-

ent with their ew,=Mne purpose.



j mT Conservation


A. A Encourage, and where appropriate require, water conservation

practices and the development and implementation of reuse
techniques.


B. Thermoelectric power plants should use non-potable water for

cooling.


C. The use and reuse of non-potable water supplies or water of

the lowest quality for each intended use shall be required

where appropriate.










. S out hlwest Fl!orida
, -r^ Water Maanage ment District
'-I i' 5060 U.S. HIGHWAY 41, SOUTH BROOKSVILLE, FLORIDA 33512
1961 7 PHONE (904) 796-7211

"",- _- .. BRUCE A SAMSON. Chairman. Tampa B. T. LONGINO, Sarasota JIM KIMBROUGH, Brooksville
-M-n- Wi. W O. ST( S. JR.. Vice Chairman. Dade City CLIFF STEPHENS, Clearwater APCH UPDIKF. JR., Lake Wales
JAMES CAVPBELL. Secretary, Plant City DON CRANE, St. Petersburg
RONALI) B :LAMBERT, Treasurer. Wauchula DONALD R. FEASTER, Executive Director

November 24, 1980



MEMORANDUM


TO: GOVERNING BOARD MEMBERS

FROM: DONALD R. FEASTER, Executive Director/7Y -

RE: State Water Policy



Attached is a copy of the staff's latest efforts on the State Water
Policy. This is a working draft for discussion and modification st
the December 2 workshop. Any ideas or comment you may have prior to
the workshop would be appreciated.

JRW:jmt

cc: L.M. Blaino

















File No.
10D-GOV 12-01











STATE WATER POLICY

SWFWMD Draft II
11/24/80


I. Water Use/Reasonable-Beneficial Use

A. The waters of the state shall be managed on a reasonable-benefi-
cial use basis consistent with the provisions of Part II, Chap-
ter 373, Florida Statutes, and Chapter 40, Florida Administrative
Code.

0' 9o1oLon to1,,,, Is (Option: The following criteria should be considered in any pro-
o= "A". \TuS \o e c gram being implemented for the purpose of regulating consumptive
uses of water:)

1. An enforceable water shortage plan should be developed as
rapidly as possible as part of any consumptive use permit-
ting program.

2. The interconnection of water supply systems shall be en-
couraged.

3. Adequate and affordable supplies of water should be sought
for all reasonable-beneficial uses.

4. No water may be taken for other than a reasonable-bene-
ficial use.

5. Water should be managed to achieve multiple uses where
ever practicable.

6. A permitted use shall be preserved during the term of a
permit consistent with an adopted water shortage plan.

7. Reasonable-beneficial domestic consumptive use of water
by individual users should be protected insofar as prac-
ticable.

B. The determination of the reasonable-beneficial use of water
should be based upon consideration of:

1. Quantity of water requested for the use;

2. The demonstrated need for the use;

3. The suitability of the use to the source of water;

4. The social, economic and environmental impacts of the use;

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

6. Water conservation measures taken or available to be taken;

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

8. The projected demand;

9. The extent of water quality degradation caused;

10. Any harm caused to existing permitted users or other existing
uses;

11. Other factors which may be deemed appropriate.

C. Water uses to support new development in wetlands, floodplains,
and flood hazard areas shall not be considered reasonable-bene-
ficial uses.










II. Natural Systems/Resource Protection

A. Water resources will be managed in a manner that will minimize
the overall adverse environmental effects.

1. Water should be reserved from use by permit applicants when
a governing board finds it is required for:

a. The conservation and proper utilization of surface and
groundwater.

b. The preservation of natural resources, fish and wild-
life; or

c. The promotion of recreational development, protection
of public lands, and the maintenance of the navigability
of rivers and harbors.

2. Unique hydrologic sites shall be identified and protected.

B. Water resources shall be managed to ensure a safe, sustained
water supply.

C. Drainage or artificial recharge which adversely impacts the
water resource or reasonable-beneficial uses of water will be
managed in such a fashion as to prevent, eliminate, or mini-
mize the adverse impacts.

III. Transfer of Water Supplies

A. Intracounty and intradistrict water supplies should be developed
to the maximum extent practicable prior to consideration of
intercounty or interdistrict transfers.

B. Intercounty and interbasin transfers of water shall be subject
to district approval, and interdistrict transfers of water shall
be agreed upon by the respective districts or, in conflict, shall
be referred to the Land and Water Adjudicatory Commission.

C. The transfer of water supplies across water management district
or county boundaries which has regional significance may be
undertaken if the transfer is a reasonable-beneficial use, does
not interfere with existing legal uses, and is in the public
interest.

D. In deciding if the proposed transfer is in the public interest,
consideration should be given to whether:

1. A comprehensive water conservation and reuse program is
implemented and enforced in the area of need.

2. The major costs, benefits and impacts are adequately deter-
mined for both the supplying and the receiving areas.

3. The transfer is the most economical and reasonable-bene-
ficial method to supply water for the given purpose.

4. The transfer will minimize adverse regional environmental
impacts.

5. The projected water needs of the supplying and the
receiving areas are reasonably determined and can be
met if the transfer takes place.

6. The transfer plan incorporates a regional approach to
water supply and distribution including, where appro-
priate, plans for eventual interconnection of water
supply sources.
7. The supplying county is not deprived of the prior right
to the reasonable-beneficial use of the water transferred
which is required to supply adequately the reasonable and
beneficial needs of the county or any of its inhabitants
or property owners.

-2-










IV. Water and Related Land Management

A. Planning and management of water quality, quantity and land
resources should be coordinated to the greatest extent prac-
ticable.

1. The Department and Districts shall assist local government
in the development of plans, ordinances, or other programs,
which are consistent with the requirements of state water
policy.

2. Corrective action should be taken where conditions of
development, or other alterations of water or land, pre-
vent or threaten to prevent the attainment of reasonable-
beneficial uses of water or otherwise conflict with the
public interest.

3. The natural aquifer recharge and water storage function of
land shall be protected to the greatest extent practicable.

B. Floodplains, wetlands and flood hazard areas should be indenti-
fied and managed to prevent loss of life and property and to
minimize adverse impacts on the environment.

1. Wetlands, floodplains and flood hazard areas shall be
protected in accordance with established District cri-
teria.

2. The Department and Districts shall assist local govern-
ments in the designation of wetlands, floodplains and
flood hazard areas and in the development and implemen-
tation of floodplain ordinances or other appropriate
measures.

3. The state shall seek to acquire and/or preserve appro-
priate wetlands and floodplains.

C. Programs shall be developed and implemented for the mitigation
of damage caused by flooding.

V. Water Quality

A. The quality of the state's waters shall be protected and
enhanced pursuant to the rules adopted under Chapter 403,
Florida Statutes.

B. Water quality standards shall protect the present and future
most beneficial uses of all waters of the state.

C. Present and future most beneficial uses shall be designated by
the Department for the purpose of establishing water quality
standards.

VI. Legal/Administrative

A. Water laws shall be uniformly administered to the greatest
extent practicable, but standards and regulations shall take
into account differing regional water resource characteristics
and needs.

(Option: delete VIAand renumber subsequent sections.)

B. Water management programs should be coordinated with all levels
of government to the greatest extent practicalbe in order to
provide for comprehensive growth planning and positive desire-
able impacts upon the environment.

1. Water quantity shall be a consideration in all water quality
management decisions and vice-versa.

(Option: delete the words "and vice-versa.")


-3-










2. Duplication of water quality and quantity permitting func-
tions shall be eliminated where appropriate through the
use of joint permitting forms, collocation of offices and
delegation or consolidation of agency responsibilities.

C. The State Water Plan shall be developed and adopted pursuant to
Chapters 373.036 and 373.039, Florida Statutes, and shall be con-
sistent with state water policy identified in this Chapter.

D. The Department and Districts shall assist state universities
in the development of educational curricula and research pro-
grams which meet Florida's present and future water management
needs.

E. Interstate agreements and cooperative programs with Alabama
and Georgia shall be undertaken to provide for coordinated
management of interstate waters.

VII. Conservation

A. The DeDartm.t and Districts shall encourage, and where appro-
priate water conservation practices and the development and
implementation of reuse techniques.

B. Thermoelectric power plants should use non-potable water for
cooling.

C. The use and reuse of non-potable water supplies or water of
the lowest quality for each intended use shall be required
where appropriate.

VIII. Miscellaneous

A. Water resource projects of particular benefit to limited seg-
ments of the population should be financed by those most directly
benefited.

B. There should be an active public awareness effort as part of
water management programs especially in the area of floodplain
and wetland protection, water conservation, water demand, water
availability and environmental needs.

C. Non-structural project alternatives shall be given equal consid-
eration to structural alternatives in water resources project
decisions.

D. The state endorses federal public works programs which provide
matching funds to participate in all project costs, including
land acquisition.

E. The multiple use of all public lands shall be encouraged consist-
ent with their primary purpose.




















-4-









STATE WATER POLICY
SWFWMD Draft II
11/20/80

I. Water Use/Reasonable-Beneficial Use




.-NI Iuai ,fi-cols^>-tjt the provipiins of Part II< Chap-
ter 373, Florida Statutes, and Chapter 40, Florida Administrative
Code. .6i 0 ,1


1. forceable water shortage plans l1 bep-ovided as / ,..
part of %t nmatLyy- F 13 -


2. The iterconnection of app ate water supply systems
/- tdT be encouraged.


3. 9 adequate and affordable f water sh,.be sought
for all reasonable-beneficial uses.


4. Nc persnM may tak" water for other than a reasonable-bene-
ficial use.


5. Water sjf be managed to achieve multiple CacsRnab e be e-
ftiLiiL uses wnr ,pr--


6. /reaso ble-beneficial uses be preserved unless a com-
petir reasonable-beneficial use better serves the public
inier st.. ./
""t. / it/ / ^ \/

7. A perm tted use shall be preserved during the term of a
permit consistent with an adopted water shortage plan.


B. The determination of the reasonable-beneficial use of water
should be based upon consideration of:


1. Quantity of water requested for the use;










2. The demonstrated need for the use;


3. The suitability of the use to the source of water;


4. The social, economic and environmental v of the use;


5. The "te and amount of social, economic or environmental

harm sed;


6. The practicality of avoi'inghfe harm by adjusting the

quantity or method of use;


7. Water conservation measures take


/3 8. The practicality of reuse, or the use of waters of more

suitable quality,


9. The projected demand if"muiidnblF^Ari fI U Q s49


10. The extent and amount of water quality degradation caused;


S11. V^ caused to existing permitted users or other existing




I 12. Other factors which may be deemed appropriate.


C. The u e/f water to support natural systems, including such uses
which A6ur naturally, ( a reasonable-beneficial use.


D. Water uses to support improper development in wetlands, flood-

plains, and flood hazard areas shall not be considered reason-
able-beneficial uses.


II. Natural Systems/Resource Protection


A. Water resources will be managed in a manner that will minimize
the overall adverse environmental effects.


-2-










1. Water l/. be reserved Afor essential non-withdrawal demands

such Inavigation, recreation and the maintenance of natural
systems. 7/,, /


A)/ 2. The n Ad ..or water production will be balanced with the need /I
for environmental conservation in the best interest of the

i \ C-


\ 's Unique hydrologic sites shall be identified and protected.


B. Water resources shall be managed to ensure a safe, sustained

water supply.!.' .. /'


C. Drainage or artificial recharge which adversely impacts the
water resource or reasonable-beneficial uses of water will be
managed in such a fashion as to prevent, eliminate, or mini-
mize the adverse impacts.


III. Transfer of Water Supplies


A. Intracounty and intradistrict water supplies should be developed

to the maximum extent practicable prior to consideration of (p^-

intercounty or interdistrict transfers.


B. Intercounty and interbasin transfers of water shall be subject

Srto district approval, and interdistrict transfers of water shall
be agreed upon by the respective districts or, in conflict, shall

be s ,bject to. i-+- '


C. The transfer of water supplies across water manageme t district
or county boundaries which stat d ;o..a.e regional

significance may be undertaken if the transfer is a reasonable-
beneficial use, does not interfere with existing legal uses, and
is in the public interest.


D. In deciding if the proposed transfer is in the public interest,




"-3-






low*-



1. A comprehensive water conservation and reuse program is

implemented and enforced in the area of need.


2. The major costs and benefits are adequately determined

for both the supplying and the receiving areas.


3. The transfer is the most economical method to supply

water for the given purpose.


S The projected water needs of the supplying and the

receiving areas are reasonably determined and can be

met if the transfer takes place.


'5 The transfer plan incorporates a regional approach to

water supply and distribution including, where appro-

priate, plans for eventual interconnection of water

supply sources. s.373.016(1)(2)(b)(g).


-6% The supplying county is not deprived of the prior right

; .{ to the reasonable-beneficial use of the water transferred .-,.. .


IV. Water and Related Land Management


A. Planning and management of water quality, quantity and land

resources should be coordinated to the greatest extent prac-

ticable.


1. The Department and Districts shall assist local government

in the development of plans, ordinances, or other programs,

which are consistent with the requirements of state water

policy.


--- 2. The equir ments of adopted Local Government Comprehensive
Plans s ha1l be a consideration in all water quantity and
quality/manrgement decisions and vice versa.



". Corrective action should be taken where conditions of


-4-





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