Title: Memorandum to Governor Graham on the proposed Water Policy
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051099/00001
 Material Information
Title: Memorandum to Governor Graham on the proposed Water Policy
Alternate Title: Memorandum to Governor Graham on the proposed Water Policy and its impact on the State Water Use Plan and the State Comprehensive Plan.
Physical Description: 3p.
Language: English
Publication Date: March 17, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 89
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051099
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


(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.

Mesmrandum r
Governor Graham
March'll, 1981
Page Two

areas are critical to future water resources, environmental protection and
energy conservation.

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.



TheCapitol, Tallahassee, Florida 32301
Telephone: 904/488-1234


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
of development.

4) The State shall discourage large expenditures of public funds for flood
control projects where such funds allow increased development in flood
hazard areas.

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)

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