Title: Letter enclosing copies of letters received by DER
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051060/00001
 Material Information
Title: Letter enclosing copies of letters received by DER
Alternate Title: Letter enclosing copies of letters received by DER regarding the SWFWMD component of the draft State Water Use Plan - Phase I.
Physical Description: 8p.
Language: English
Publication Date: Feb. 14, 1979
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3A ( STATE WATER POLICY ), Item 50
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051060
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


26 Demand Control The economic control discussed here is
similar to the life-line concept used in
electrical usage. Will similar legislation
be recommended or considered at some point
in the future?
30 Principle B What are the criteria for transfer of water
from other regions? Will these criteria be
determined in a subsequent plan update effort?
30 Principle C In light of the time horizon of this plan -
2020 this section should be expanded in
the body of the report along with the discus-
sion of desalination and other reuse

Appendix B Appendix B concerns the water crop theory,
and outlines three categories for allocating
the regional water crop. These allocation
categories found on page G-16 are: (1) Prop-
erty Allocation; (2) Natural Systems
Allocation; (3) Common Use Allocation. The
Common Use Allocation "would be available to
satisfy those water needs which are in the
public interest, but which could not be met
through the land allotment." Examples used
to illustrate this type of allocation were
the food processing plant and the urban area.
The term "public interest" should be further
explained. Also, at what level of "public
interest" and which agencies will make
decisions concerning water use (local,
regional, state, national)?
Appendix N Radioactivity associated with the waste heat
from nuclear power plants should be con-
sidered in this section.

/s/ Ronald W. Norman

ATTEST: /s/ Louis E. Driggers

These comments and recommendations were
approved by majority vote of the Full
Council this 12 day of January 1979.


further steps will be taken to make such a choice. Several examples
include the ownership of groundwater and the method of allocation of
basin or regional groundwater.

The population projections used in this plan are not consistent with
those being used by local governments in the development of local compre-
hensive plans. Because all local governments must adopt their
comprehensive plans pursuant to Chapter 163.3184, Florida Statutes,
and because upon adoption, those plans will carry the authority of law,
and because the projections used by local governments in plan develop-
ment reflect the Goals and Objectives of various local governments, it
is recommended that the projections used in the Water Use Plan and those
utilized in local comprehensive plans be reconciled and made consistent.

The water crop concept is proposed as a basis for consumptive use
permitting. The plan is vague on the type and size of basin to be used
in applying this concept. While the plan describes four different
options on the size of basin on which the water crop could be applied,
it does not explain which alternatives) is (are) considered preferen-
tial or desirable. It is recommended that the water crop theory not be
incorporated into the State Water Use Plan unless there is no sound
hydrological basis of allocation.

The plan makes value judgments on municipal water uses versus agricultural
or industrial uses which indicate a pro-property value system. These
judgments appear to have anti-urban bias which is interesting in light
of the fact that as the District Plan points out, Most people
(over 80%) would have to be considered urban .. .." In this regard,
the basic issue of water resource ownership should be addressed. The
plan appears to consistently associate water rights with property
rights. This premise is in all the concepts and policies of the plan
but is inconsistent with the existing and projected needs of the
region as expressed in regional and local comprehensive plans.

The comments provided are limited to the protions of the State Water
Use Plan concerned with the Southwest Florida Water Management District
(SWFWMD) District Plan, as contained in Chapter III, Section C, and
the District Water Management Plan published by the Southwest Florida
Water Management District (SWFWMD).

The Council is pleased to note that comments and recommendations made
during initial review of the SWFWMD District Water Use Plan, Draft II,
1977 have been considered and new portions of text have been included
in the present draft of the SWFWMD plan as included in this State
Water Use Plan.


3 SWFWMD, SWUP and It is recommended that a discussion of how the SWUP
the Legislature and the state water quality management plan will be
integrated into a functional document. Who will
accomplish this task and has a time frame for com-
pletion been established?

Agenda Item #9A

The following presents the comments and recommendations of the Tampa
Bay Regional Planning Council in response to the State's request for
review of the draft of the State Water Use Plan. These comments and
recommendations are based upon data presented in the plan. The plan was
reviewed and found to be inconsistent with the Council's adopted growth
policy, Future of the Region, and appropriate regional plans and studies.

The following comments and specific recommendations are provided to
ensure the maximum degree of efficiency and coordination during reali-
zation of the plan's goals. These comments are divided into two
sections, the first setting forth General Plan CQmments an4 thp second
providing Specific Plan Recommendation,.


The necessity of a State Water Use Plan to efficiently equate demand for
water with the available supply is supported. Equally important during
this process is the need to coordinate water management policy with land
use, water quality, and coastal zone management plans and policies to
insure the prudent development of the region and state.

The need for such coordination is emphasized in this report, but this
draft does not indicate how it is to be accomplished. The SWFWMD report
does not indicate or recommend a relationship between the various plans
mentioned. These plans include: the Tampa Bay Region Comprehensive
Land Use Plan Guide; Local Government Comprehensive Plans; Water
Quality Management Plan; The State Coastal Zone Management Policy;
The State Water Quality Management Plan; The State Water Use Plan;
The State Water Planj and, Florida State Comprehensive Plan. A
definition of the methodology to be used to ensure coordination among
these plans is needed if the SWFWMD plan is to be effective. Both a
state and a local/regional agency should be designated in the plan to
make certain that proper coordination is carried out. In addition,
target completion dates of the various plan documents, yet to be com-
pleted, should be developed to assure adequate public and local
government participation and input into subsequent planning efforts.

The Phase I document is successful in disseminating information crucial
to water management and in providing a general guideline for future
control of a valuable and limited natural resource. While the proposed
policies outlined will stimulate discussion and promote input from
outside sources into the next draft, the document, in many cases, lacks
specificity. Further, the document discusses implementation of the five
district plans through regulatory and non-regulatory means. However,
the plan does not address the need to clarify those portions of the
district plans which present several alternative solutions to problems
without selecting the alternatives() of choice" or indicating what

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'j455 ^oge' Boi!u<\ .c15
St PctersbLrf( Fl 33 ju
S(813) 577-5 51 T3nifa 24 9j

January 22, 1979
J 19Dept. Of En :'r r ntal Re.ulation

Mr. Jay Landers
Secretary JAN 24 1979
Department of Environmental Regulation
Twin Towers Office Building
2600 Blair Stone Road OFFICE OF SECRETARY
Tallahasse Florida 32301

Dear Mr.:

Attache/is a copy of the Council's comments on the State Water Use Plan
Phase 1. These comments were adopted by the Council at its January 12, 1979,
annual Council meeting.

We welcome the opportunity to discuss the Council's comments and concerns at
your convenience.


SctD. Wilson
Executive Director



( () fT7 rfl'-at fIlI l ( 't 1 I I ,, ,.' 04if I', 1 1.,^ "'" ,, XI #! .?.11(4tio #.'( K (;!l / I t", ( '. ( "< t "

r l* i << ** '; ., ) A. t i( . < *' S a .' n u i j n ) I / p i i ^ i

Ms, Victoria Tschinkel
January 30, 1979
Page Two

I generally concur with the Summary of St. Petersburg's Objections
to the State's Water Use Plan and Southwest Florida Water Management
District Plan which has been previously provided to your office.

Very truly yours,

ohn T. Ware
Minority Leader
JTW: tb


348 Senate Office Building Envirrnmrnta1 Regufatfo
Tallahassee, Florida 32304 R E 1
(904) 488.3975 C i v E C
Senator John T. Ware, Minority Leader FE 2
H. Douglas Bruce, Executive Director

January 30, 1979 .

Ms. Victoria Tschinkel, Acting Secretary
Department of Environmental Regulation
Twin Towers, 2600 Blair Stone Road
Tallahassee, Florida 32301

Dear Ms. Tschinkel:

RE: Proposed Water Use Plan
We have received excellent reports on the D.E.R. sections of the
proposed water use plan, and I commend you on your efforts on
behalf of the D.E.R. However, many people have serious reserva-
tions about the composite plan, particularly the Southwest Florida
Water Management District's portions.

The proposed format of the Water Use Plan would allow each district
to independently draft and submit portions of the plan. This pro-
cedure would have inherent dangers, because if hurriedly done, the
result would be areas of conflict and confusion and possibly over-
detailing of what should be a "broad brush" approach. These
problems, however, could be avoided if sufficient time is taken to
reconcile conflicts and remove unnecessary details from the various
district contributions.

Particularly alarming to me is that portion of the proposed plan
which would add dignity to the Water Crop Rules of the Southwest
Florida Water Management District. These rules have been found by
the Joint Administrative Procedures Committee to be outside agency
rule-making authority and the issue is presently before the Florida
Supreme Court. It would appear to be in the best interest of the
state of Florida that the proposed plan be delayed sufficiently so
that all conflicts between the D.E.R. plan and the district plan
can be resolved and Water Crop concept excerpted from the Southwest
Florida Water Management District's portion of the plan.

President, Presiden % ro 1r o1 r .

S. Curtis Kiser Committees:
Representative, 54th District Criminal Justice
Reply to: Governmental Operations
0 308 South Garden Avenue
Clearwater, Florida 33516
(813) 461-2059
0 212 The Capitol Select Committee on Organized Crime
Tallahassee. Florida 32304 January 24, 1979 Legislative Internship Committee
(904) 488-8749

Mr. Joseph W. Landers, Jr.
Secretary Department of Environmental ept. Of Envromntil Regulati0o
Regulation RECEIVED
Twin Towers
2600 Blair Stone Road
Tallahassee, Florida 32301 JAN 29 lI9


RE: State Water Use Plan

I understand final consideration of the State Water Use Plan will occur on
January 30, 1979. I want to use this opportunity to voice my vigorous
opposition to the "Water Crop Theory" that is expressed in the proposal from

As you may recall this issue has come before the Legislative Administrative
Procedure Committee and has been specifically rejected for lack of legislative

I can not express it in strong enough terms the serious detrimental affects
this policy will have on Urban districts coupled with the fact that there
is no authority in the statutes for such a regulatory scheme. I hope you
will seriously consider the impact this issue could have on water supply for
the people in the state of Florida.

Thank you for your consideration.


S. Curtis Kiser,
SCK/pb Minority Leader
cc: Pinellas Legislative Delegation
West Coast Regional Water Supply Authority
Pinellas County Commissioners
St. Petersburg Councilmrer




February 14, 1979 /

Mr. E. D. Vergara, Director
Division of Intergovernmental Coordination
Southwest Florida Water Management District
Post Office Box 457
Brooksville, Florida 33512

Dear Sonny:

I have enclosed copies of correspondence that the department has received
regarding the SWFWMD component of the draft State Water Use Plan Phase I.
We are now in the process of drafting responses for these letters, and I
will copy you on our correspondence.

If you have any questions or comments concerning this material, please
call me at 904/488-9560.

George Willson
Water Use Planner
Bureau of Water Management



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