ey c 2. Recognize existing, -ermitted works thawill nct
G ^ be required to meet subsequently adopted regulations or be
O required to retrofit to comply with such regulations; and
S3. Recognize DER as the sole and exclusive permit agency
Sfor water cualitv and dredge and fill permits. Further recognize
SDER's authority to delegate such responsibility to water manage-
4. Recognize the water management districts as the
( p) exclusive permit agency for consumptive use/Chapter 17J,//
tC Florida Administrative Code, impoundment permits.
Finally, the Chamber is concerned with the unresolved
legal status of the state water policy. Is the policy self-
executing, i.e., will the policy have the force and effect
of law and be applied immediacaly upon adoption of state
and regional permit action? Or will it require further state
and regional agency implementation by rule? Further, will
DER submit the water policy to the legislature for review,
approval or both? The question of whether the state water
policy is a standard should be answered prior to the adoption
of the state water policy.
FLORIDA C-HAMBER OF COMMERCE
ENVIRONMENTAL PERMITTING TASK FORCE
POLICY STATEMENT ON STATE WATER POLICY
The Florida Chamber of Commerce supports the general con-
cept of a state water policy to provide guidance to the Depart-
ment of Environmental Regulation, regional water management
districts, and water users regarding Chapter 373, Florida
Statutes, regulatory and development activity. The Chamber
further supports as an integral part of a state water policy
the opportunity for an aggrieved permit applicant to appeal
a regional water management district action to the Governor
and Cabinet. Although recognizing that a statewide policy must
be comprehensive and broad, the Chamber encourages the Depart-
ment of Environmental Regulation to specify policy to the
maximum degree possible so that regulated persons will be
afforded certainty and predictability prior to entering the
regulatory process. Accordingly, vague and open-ended terms
should be deleted from the policy.
Further, the Chamber supports inclusion in the state
water policy of provisions that:
i 1. Consistent with Section 373.223, Florida Statutes,
r recognize existing legal water uses and insure that non-
"V \r- x 4 interference with such uses is considered in regional water
management plans and applications for water management district
March 20, 1981
Re: State Water Policy
The following statements have been suggested for inclusion in
the State Water Policy:
1. In implementing a consumptive use permitting
program, the Department and District shall recognize
the rights of the riparian owners to make a consumptive
use of an equitable portion of the surface waters.
2. In implementing a consumptive use permitting
program, the Department and District shall recognize the
rights of the overlying property owners to make a
consumptive use of an equitable portion of the overlying
Please research this and give me a short, concise memorandum
in answer to these questions:
1. Is each statement consistent with current Florida law?
2. If so, by what authority?
3. If not, with what authority is it inconsistent?
I will need this as quickly as possible.