Title: Memorandum on State Water Policy
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051092/00001
 Material Information
Title: Memorandum on State Water Policy
Alternate Title: Memorandum on State Water Policy, adding paragraphs on consumptive use permitting.
Physical Description: 3p.
Language: English
Publication Date: March 20, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 82
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051092
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

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-

ment districts.

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.



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
permits; and


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
ground waters.

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.


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