Title: Attachments summarizing the arguments made in the last session on state water policy
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 Material Information
Title: Attachments summarizing the arguments made in the last session on state water policy
Alternate Title: Memorandum to Florida Land Council from Chuck Littlejohn with attachments summarizing the arguments made in the last session on state water policy
Physical Description: 6p
Language: English
Publication Date: June 29, 1994
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 23 ( SF STATE WATER POLICY ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052875
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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Florida Land Council
__... ow --310 W .ST Co .j. c. AV -N"t.:,.
TAI.IAHASSEE, FIORI)A 32301
(904) 222-7535

.,. 0O: Florida Land Council
( Imirwan
IniIil ri;ntl,. inII FR M: Chuck Littlejohn
1 iur C .Triuan
t .ini SUDJE T: State Water Policy

,r-,-.,,r DA E: June 29, 1994
t r, l D:;','J'tm"

Attac ed are talk sheets which summarize the argumQnts we used
last session on state water policy. It would be very helpful if
you w uld press candidates for office this fall to take a
posit on in support of either legislative ratifiation of state
water policy or repeal of DEP's authority to adopt state water
police.

Thank.

CBL/13










SUPPORT LEGISLATIVE RATIFICATION OF
STATE WATER POLICY

The s nate wetlands legislation contains an amendment which would
provide for legislative ratification of all amendments to State
Water Policy adopted after June 30, 1993. This would provide for
legis active review and ratification of very controversial
amendments passed by the Environmental Regulation Commission over
the objections of numerous business groups, the Florida LQaguQ of
Cities, and the Florida Association of Counties.

some )f the arguments are as follows:

1) Water policy is extremely important and should not be
adopted without approval of the Legislature. Water policy
s at least as important as state wetlands jurisdiction
ihich is currently subject to legislative ratification.

(2) Proposed amendments to State Water Policy adopted
by the ERC exceed statutory authority. Fur example,
application of a broad definition of natural systems
s simply a "back door" approach to regulatory protection
of upland habitat, a provision which has been repeatedly
ejected by the Legislature.

3) This is far more than just a business community
position. For example, the League of Cities and
association of Counties also support legislative ratifica-
"ion of State Water Policy and have publicly testified
s to their position.

4) The Senate Rules Committee unanimously added the
tate Water Policy ratification amendment to wetlands
elineation legislation on April 7. The measure
ad been previously passed unanimously by both the
enate Natural Resources and Agriculture Committees in
separate legislation.

State Water Policy ratification is supported by the Florida
Chamber, Associated Industries of Florida, Florida Farm Bureau,
Flori a Engineering Society, Florida Fruit and Vegetable
Association, Florida Forestry Association, Florida League of
Cities, Florida Association of Counties, Association of Florida
Community Developers, Florida Association of Special Districts,
and Florida Cattlemen's Association and others.

We respectfully suggest that State Water Policy, which involves
all aspects of water management, including water use and
allocation, is of such a high degree of importance to this state
that the Florida Legislature, and not agency staff and appointed
officials, should ultimately determine such policy.









PLEASE SUPPORT THE PASSAGE OF SB 258 RE,.OUL RING
LEGISLATIVE RATIFICATION OF THE STATE WATER POLICY

S WHY REQUIRE LEGISLATIVE RATIFICATION OF THE ERC APPROVED
AMENDMENTS TO THE STATE WATER POLICY?

(1) No legislation has been passed requiring rulemaking or amendments to the state
water policy since 1989, however, three separate rulemaking activities have been
initiated.

(2) The proposed amendments to the state water policy define natural systems as "an
ecological system supporting an interdependent grouping of natural resources
which relate to water resources, including fish and wildlife habitat" -- there is no
such statutory definition of natural systems.

(3) Within the contents of the water policy, the Department and the Districts are
directed to protect associated natural systems -- associated natural systems is a
term totally undefined and based on the definition of natural systems, includes
"virtually anything on the face of the Earth.

( -) ursuant to the ERC adopted water policy amendments, the Districts are
icouraged to establish protection areas (A/K/A upland buffers) as are
appropriate to enhance or preserve surface waters and associated natural systems.

() Vater Management Districts are directed to develop interim pollutant 16ad
!duction goals for all water bodies having approved SWIM plans. Interim
ollutant load reduction goals are defined as "best judgment numeric estimates of
ie level of pollutant load reduction anticipated and result from planned corrective
:tion as an interim step toward the goal of preserving or restoring designated
ses of receiving bodies of water and maintaining water quality consistent with
applicablee state water quality standards." No such definition or directive is found
n state law, The directive assumes a mandate to retrofit all surface waters and
to allow Water Management Districts to guesstimate"pollutant load reduction
objectives, sii tu w" y rhe.Soth _Iori., Wt-r Mnn..mcnt Ditrict ha,










5412.1 .












SUPPORT SENATE BILL 258



The Senate Agriculture Committee will consider SB 258 relating to
State Water Policy on Tuesday, March 15, at 9:00 a.m. SB 258
would provide for legislative ratification of all amendments to
State Water Policy adopted after June 30, 1993. This would
provide for legislative review and ratification of very
controversial' amendments passed by the Environmental Regulation
Commission over the objections of numerous business groups, the
Florida League of Cities, and the Florida Association of
Counties.

We urge your support for this legislation and also urge you to
oppose any amendments which would weaken SB 258.

Some of the arguments for SB 258 are as follows:

(1) Water policy is extremely important at least as
important as wetlands jurisdiction and state comprRp.haPnriv
plan amendments and should not be adopted without
approval of the Legislature.

(2) Proposed amendments to Chapter 17-40 exceed statutory
authority. For example, application of broad definition
of natural systems is simply a "back door" approach to
regulatory protection of upland habitat a provision which
has been repeatedly rejected by the Legislature.

(3) This is more than a business community position. The
League of Cities and Association of Counties also support
SB 258.

(4) The Senate Natural Resources Committee passed the
identical language 13-0 on 2/22.

Senate Bill 258 is strongly supported by The Florida Chamber,
Associated Industries of Florida, Florida Farm Bureau, Florida
Engineering Society, Florida Fruit and Vegetable Association,
Florida Forestry Association, Florida League of Cities, Florida
Association of Counties, Association of Florida Community
Developers, Florida Association of Special Districts, and Florida
Cattleman's Association.

We respectfully suggest that state water policy, which involves
all aspects of water management, is of such a high degree of
importance to this state that the Florida Legislature, and not
agency staff and appointed officials, should ultimately determine
such policy.











STATE WATER POLICY ALERT!

The Senate Natural Resources Committee will consider SB 258
relating to State Water Policy on Tuesday, February 22, at 2:00
p.m. in Room A, Senate Office Building. SB 258 is first on the
agenda.

Rick Dantzler has an amendment to SB 258 which would strike .
everything after the enacting clause and insert language
requiring legislative ratification of any amendments to State
Water Policy, Chapter 17#-40, F.A.C., adopted after last June 30
(amendment attached).

We strongly support this _amendment-_

For your information, Chapter 17-40, F.A.C., was adopted by the
ERC over the strong objections of the business community and is
now the subject of a" legal challenge filed by the Association of
Florida Community Developers, Florida Farm Bureau, Florida
cattlemen's Association, Dairy Farmers, Florida Engineering
Society, Florida Forestry Association, Sugar Cane Growers
Association, and the Florida Chamber of Commerce. Attached is a
highlighted copy of Chapter 17-40 which points out one of the
many issues under dispute the regulatory application of a very
broad definition of natural systems (sae attached).

Some of the arguments for the amendment are as follows:

(1) Water policy is extremely important at least as
important as wetlands jurisdiction and should not be adopted
without approval of the Legislature.

(2) Proposed amendments to Chapter 17-40 exceed statutory
authority. For example, application of broad definition of
natural systems is simply a "back door" approach to regulatory
protection of upland habitat a provision which has been
repeatedly rejected by the Legislature. This is an example of
what has forced the business community into a lengthy and
expensive legal challenge.

(3) ELMS XII legislation called for appointment of a Task
Force to integrate land and water management policy. This Task
Force, chaired by Vicki Tschinkel, is working on recommendations
for the 19s95 Legislature. These recommendations will be in the
form of statutory amendments to the State Comprehensive Plan.
State Water Policy contained in amendments to Chapter 17-40
should:
(a) Be consistent with whatever the Tschinkel Task
Force comes up with; and
(b) Require the same level of legislative scrutiny










as State Comprehensive Plan amendments.

The Dantzler amendment would accomplish both (a) and (b) above.

(4) This is more than a business community position.
Attached is an excerpt from the latest 1000 Friends newsletter
calling for a delay in consideration of changes to State Water
Policy until after the Tschinkel Task Force makes its
recommendations to the 1995 Legislature.

Please do what you can to support the _Dantzalr amendment. It
will be heavily lobbied against by Florida Audubon and other
environmental groups.









































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