MEMORANDUM -- PAGE 3 -- MARCH 2, 1981
language, was an attempt to circumvent that perceived problem. There
were suggestions to scrap the appellation "policy" and substitute
for it the phrase "Water Management Guidelines" (Steve Walker) or
"State Water Policy Implementation Guidelines" or "State Water
Policy Implementation and Management Guidelines" (Doug Stowell).
John Wehle, speaking to 17-40.09 said that he expects that when
he has a district plan, he wants local (SWFWMD) control over this
plan. He does not want to lose control of the plan by submitting
the plan to the DER. He said he expects a State Water Policy
to be a guideline upon which he can base rules and regulations.
Chuck Littlejohn toyed with the idea of delegation of 373.036 to
the Districts, with the retention by the DER of modification power.
This emerged only as a germ of an idea, however, and reached no
Chuck Littlejohn made a great point of wanting further review by
Buddy Blain of the suggestions brought forth at the Thursday meeting;
do you think his ingenuousness belies craft or, heaven forbid,
MEMORANDUM -- PAGE 2 -- MARCH 2, 1981
(6) has been changed to read: "The Water Policy set
forth in this chapter shall be a part of the State
Water Use Plan and a part of the Florida Water Plan."
Language will be added to this subsection to provide
that it is the intent of the Department to seek adequate
17-40.03 General Policy has been changed to read:
"In addition to more specific provisions contained
herein, the following shall provide a basis for the
development or modification of Department or District
Programs, Rules and Plans;"
17-40.03(3) now uses the word "consideration" instead of
17-40.03(4) has been changed to read: "The natural Water
Management functions of wetlands, floodplains or aquifer-
recharge areas should be protected to the greatest degree
that is economically and enviornmentally feasible. High
priority should be given to conservation and protection
of wetlands and floodplains."
17-40.03(5) has been changed to read: "Measures should be
undertaken to mitigate adverse impacts resulting from alter-
ation of water resources where feasible and in the public
17-40.03(ll)has been changed to read: "Non-structural
alternatives should be given full consideration in
water resource project decisions." (Note: This subsection
engendered about 40 mintues discussion. The present
version is hardly what I would call etched in stone).
17-40.04 Water Use. At (1), Chuck Littlejohn proposes to
pick up language of 373.223. We'll have to wait for the
marked up copy to find out what he choses to pick up.
17-40.09 District Water Management Plans at (1) has been
changed to read a water management plan shall be prepared
by each District which is consistent with the provisions
of this Chapter and Chapter 373.036 and which identifies
specific geographic areas where water resource problems
have reached critical levels."
The changes I have indicated above generally reflect the
input at Thursday's meeting. They may or may not emerge on Chuck
Littlejohn's marked up copy as I have indicated; a great deal of
what the marked up copy consists of will depend upon Chuck's
interpretation of the various comments and suggestions made at that
meeting. The major issue at that meeting appeared to be the fear
that the declaration and intent section of 17-40 did not correspond
with the requirements of 373.036 as to a State Water Use Plan.
Much of the effort at Thursday's meeting, witness Steve Walker's
March 2, 1981
IN RE: State Water Policy Meeting of 2/26/81
Todays meeting on the State Water Policy convened shortly after
3:00 p.m. in the Secretary's conference room at the Twin Towers.
Chuck Littlejohn and Terry Cole had just returned from the Tampa
Bay area where they presented a workshop on the Policy. In
attendance were Littlejohn, Cole, Doug Stowell, Bonnie Kranzer,
Rich McWilliams, John Wehle, Tom Brown, Dale Hardin, Steve Walker
and, arriving just as the three plus hour meeting concluded, Lee
Worsham and Lynn Capehart.
This was a lengthy and confused meeting; lengthy because of the
large number of participants and confused probably because Terry
and Chuck were tired after spending most of the day getting Water
policy criticism in south Florida and then traveling to Tallahassee
for more of the same.
Chuck was to have ready by 5:00 p.m. on 2/27/81 a marked up copy
of the draft, reflecting the changes suggested at Thursday's meeting.
This was not ready and I am now promised a marked up copy on
Major changes discussed during Thursday's meeting, however, are
17-40.01 Declaration and Intent
(1) and (2) were deleted and optional language suggested
by Steve Walker replaced them. This language is: "Chapter
373 provides that the State Water Use Plan must be developed
progressively as studies are completed and rules are
developed. As a fundamental element of the State Water
Use Plan, the Department may provide general guidance to
the Water Management Districts. To this end, the guidelines
in this Chapter are designed to clarify State Water Policy
as expressed in Chapter 373, Florida Statutes, and to
provide additional objectives and directives to guide the
Water Management Districts."
17-40.01(4) has been changed to read: "This chapter does
not repeal, amend or otherwise alter any rule now
existing or later adopted by the Department or Water
Management Districts. This policy is intended to be
implemented by further rulemaking by the Department or the