(5) 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. Further, the Department and
District shall also recognize the rights of the overlying
property owners to make a consumptive use of an equitable
portion of the underlying ground waters.
areas are critical to future water resources, environmental protection and
These comments are not meant to be critical of the DER, for they have worked
hard for several months in a very sensitive area and with strong special
interests. "I am also aware that South Florida Water Management District and
Southwest Florida Water Management District have made some noticeable advances
in responsible water management. The St. Johns District has shown interest
in developing an almost totally non-structural plan for Upper St. Johns River
and with a reliable land acquisition funding source will probably be able to
save the St. Johns River.
We are not doing a bad job managing water; but, the water policy with some
improvement offers us an opportunity to do better.
I recommend that more of the direction embodied in the Policies: and Priorities
be incorporated into the proposed water policy and that greater emphasis be
given to water conservation, floodplain management, wetlands protection, and
non-structured water management. Any such amendments would need to be presented
at the March 27 hearing.. Should you favor amendments to the proposed rule,
it would be desirable for you to discuss the matter with the Water Management
District Board Chairmen.
In the interest of overall state planning and particularly the State Comprehensive
Plan, the Office' of Planning and Budgeting needs to gain a clear understanding
as to how water policy may impact the substance, format, method of preparation,
and schedule for updating other elements of the Comprehensive Plan, and advise
you of any problems.
OFFICE OF THE Gr"TERNOR
TheCapitol, Tallahassee, Florida 32301
To: Governor. Graham
From: Estus Whitfield, Sr. Governmental Analyst, OPB
Subject: Water Policy
Date: March 17, 1981
The Department of Environmental Regulation proposes to adopt water policy by
rule as Chapter 17-40, F.A.C. The proposed rule is basically a set of broad
policy statements intended to be implemented primarily by water management
districts through incorporation into and administration of district rules and
regulations. The proposed water policy represents a joint DER Water Management
District effort with input from the various interest groups. The proposed rule
has undergone several revisions and is scheduled for a final hearing on March 27.
This rule is to become a part of the State Water Use Plan, which pursuant to
Chapter 373, F.S., is to become a functional element of the State Comprehensive
Plan. This raises questions as to what will be the character and role of the
State Water Use Plan and the State Comprehensive Plan. It behooves us to find
answers to these questions quickly.
The Governor's Policies and Priorities for 1981-83 (pages 36-37) contain the
following policies which are either not represented or not clearly reflected in
the proposed water policy:
1) The State shall manage development in floodplains to maintain the hydrologic
characteristics of the areas and to reduce flood hazards.
2) The State shall maintain, and where practical, restore natural hydrological
patterns and fluctuations in surface and ground water levels.
3) The State shall protect ground water supplies and aquifer recharge areas
through land and water management practices, land acquisition, and regulation
4) The State shall discourage large expenditures of public funds for flood
control projects where such funds allow increased development in flood
5) The State shall encourage onsite retention and other means of mitigating
the flooding and water quality impact of storm runoff.
6) The State shall discourage the channelization or alteration of natural rivers,
streams, and lakes.
7) The State shall protect the values and functions of wetlands and submerged
More emphasis, I believe, needs to be given to water conservation, floodplain
management, wetlands protection and non-structural water management. These
3-716 (Rev. 7.79)