Title: Memorandum re the 17-40 Workshop
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Permanent Link: http://ufdc.ufl.edu/UF00051117/00001
 Material Information
Title: Memorandum re the 17-40 Workshop
Alternate Title: Memorandum re the 17-40 Workshop held on February 20, 1981
Physical Description: 2p.
Language: English
Publication Date: Feb. 20, 1981
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 107
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051117
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.

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Another speaker (DER's drinking water section head, as a matter of
fact) felt the policy fails to adequately stress the importance to
Florida's 10 million citizens of drinking water supplies while it
seems (at 17-40.04(3)) to prominently feature fish and wildlife.
Chuck responded that the words, "fish and wildlife" in the subsection
should beread with the words, "or the public health and safety".









MEMORANDUM

DATE: February 20, 1981

TO: LMB

FROM: FAM

IN RE: 17-40 Workshop



I attended this workshop today until about 11:20 a.m., when John
Wehle arrived. His aircraft from Tampa was apparently long delayed by
local fog. Chuck Littlejohn, in the chair, opened the workshop
with a lengthy but straight forward explanation of the various
provisions in 17-40. I did not detect anything noteworthy about
this explanation.

Terry Cole announced that the 120 hearing on the proposed 17-40 is
scheduled before the Secretary on March 27, 1981.

The public comments which occurred during the time I stayed at the
meeting are these:

Jack Merriam, late of House Natural Resources and seeker now of
consulting dollars, questioned the reliance by the DER upon Chapter
373.036 as authority for promulgation of the state water policy
because 373.036 calls for a state water use plan to function as an
element of a comprehensive state plan. Merriam feels that draft
17-40 is clearly not this. Chuck Littlejohn said it is DER's intent
to adopt 17-40, the policy part of a state water use plan, through
Chapter 120 to give the policy the force and effect of law. He
indicated that he envisioned other plans emanating from the verbiage
in 373.036, such plans aimed more at identifying the problems, solving
these problems and providing for review. He acknowledged that 17-40.01(6)
may be "too restrictive" and may need to be changed.

Merriam also questioned why 17-40 is not self executing as to water
management district rules adopted prior to the adoption of the policy
(reference 17-40.01(4) and 17-40.10(3)). The general response by
Terry Cole and Chuck was that 373 already contains mechanisms with
respect to DER challenges of WMB rules.

Merriam also suggested that 17-40 needs a definition of "potable
water". He decried the fact that energy issues were not addressed
in the policy and reckoned as how the policy is dangerously vague
(at 17-40.03(11) by (1) failing to state a preference for one or
the other, structural or nonstructural alternatives and by (2) failing
to define what "adequate consideration" is.

Chuck Littlejohn said DER will consider the inclusion of energy in
the language and will "work on" the structural v. nonstructural concept.





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