Title: City of Melbourne's Comments
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Permanent Link: http://ufdc.ufl.edu/UF00051102/00001
 Material Information
Title: City of Melbourne's Comments
Alternate Title: City of Melbourne's Comments on draft DER rules for Chapter 17-40 Water Policy
Physical Description: 2p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 92
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051102
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









CITY OF MELBOURNE
COMMENTS ON DRAFT DER RULES FOR CHAPTER 17-40 WATER POLICY
(CONTINUED)


17-40.05 (2e): The phrase "regional approach to water
supply and distribution included" should
have "and distribution" removed. The word
"distribution" connotates including the dis-
tribution system serving the systems custo-
mers in the regional approach. We do not
believe this necessary or desirable.

17-40.05 (2f): Previous language in 40.05 indicates
both Districts should have evidence pre-
sented.


























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COMMENTS ON DRAFT DER RULES FOR CHAPTER 17-40 WATER POLICY


17-40.02: Only two definitions are given, both of which
are common knowledge. Needed are definitions
of:

1. Water Conservation, Sec. 17-40.03 (3)
2. Economically Feasible, Sec. 17-40.03 (4)
3. Reasonable-Beneficial Use, Sec. 17-40.03 (1)
40.04 (1)

17-40.03 (6): This subsection requires local water sup-
plies to be developed to the maximum extent
practicable. This phrase is vague and is not
clear as to how it will be determined or if
the cost effective factor will be considered.

17-40.03 (7): This subsection is not clear as to who or
how the maximum degree that is economically and
environmentally feasible is determined. This
leaves the determination to others as to what
the local community can afford.

17-40.04 (1): Since reasonable-beneficial use is not de-
fined, this section leaves unclear as to what
might be beneficial to one party versus harm-
ful to another. Adding "as determined in
17-40.04 (2)" would clarify what is meant.

17-40.05 (1): Requiring the approval of each involved
District may effectively block any future trans-
port past District boundaries even though a
need exists. The policy should contain language
to have DER involved with over-ride powers in
case of nonapproval of the supply District.

17-40.05 (2a): This section requires a comprehensive water
conservation and pre-use program in the area of
need. Should not a similar program be required
for the area of supply?

17-40.05 (2d): The phrase "reasonable determined" should
be changed to read "determined to be reasonable".


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