Title: Update on State Water Policy Revision
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 Material Information
Title: Update on State Water Policy Revision
Alternate Title: Ross, Elizabeth D. "Update on State Water Policy Revisions."
Physical Description: 2p.
Language: English
Creator: Ross, Elizabeth D. ( Author )
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 5, Folder 23 ( SF STATE WATER POLICY ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052878
Volume ID: VID00001
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Full Text



WATER POLICY REVISIONS the draft plans four months prior to Environmental Regulation Commis-
from preceding page Governing Board consideration of sion meeting. Since the State Water
the plans with the intent of receiv- Policy is a guiding document for the
ing public comment in advance of water management districts, the dis-
ment, these provisions have been plan acceptance. The boards are to tricts must review and revise their
clarified to develop a program ac- accept the DWMP no later than No- existing rules to be in compliance
ceptable to the Chapter 298 dis- vember 1, 1994 with Department with direction given by the Policy
tricts. review to immediately follow. Ex- within one year of its adoption. Fur-
The new provisions concerning plicit language clarifies the fact that their rule activity in the areas
the district water management the DWMP are not self-executing described above which require dis-
plans ("DWMP") and the Florida and are strictly intended to be plan- trict implementation is likely. If you
Water Plan represent the most sig- ning documents. The Florida Water are interested in any of the topics
nificant changes to the water pro- Plan scope and contents are also de- summarized above, please familiar-
gram development provisions. The fined. This Florida Water Plan is ize yourself with the actual rule text
minimum required contents for the intended to be the comprehensive as this article is intended simply to
DWMP are defined with specificity plan of Florida including considera- be an overview of significant topics.
in all four areas of district responsi- tion of the State Water Use Plan
bility-water quality, water supply, and the DWMPs all water-related ac-
natural system protection and flood tivities in the state. Elizabeth D. Ross is a Senior At-
protection. Schedules for develop- The Department's intent is to torney with the South Florida Water
ment of recharge mapping, mini- mail a revised Policy draft to their Management District workingprimar-
mum flows and levels and PLRGs complete mailing list on October 1st ily in the areas of permitting, water
are examples of the significant items and request written comments by Oc- supply planning and rulemaking.
to be included in the DWMPs. The tober 8th. The rule will then be pub- She received her J.D. in 1985 from
DWMP language also includes deliv- lished in the October 15th issue of the University of Florida College of
ery requirements and specifies that the Florida Administrative Weekly Law.
schedule dates are to be included in for adoption at the December 1-2



Florida Caselaw Update


by Kristin M. Conroy and R. Scott Ruth
Hopping Boyd Green & Sams

Errata: Eastpointe Condominium As- only a single family residence, to RU- ings affecting a large portion of the
sociation, Inc. v. Palm Beach Isles 2-15, which allows fifteen units per public. The Court held that zoning
Associates, 18 FLW 964 (Fla. 4th acre. The Brevard County Planning decisions which entail the applica-
DCA, April 14, 1993). Due to a se- and Zoning staff found that the pro- tion of a general rule or policy to
vere technical difficulty (or some posed development would be consis- specific individuals should be con-
other temporary physical malfunc-. tent with the Brevard County sidered quasi-judicial in nature and
tion) the Florida Caselaw Update in Comprehensive Plan Future Land therefore subject to a stricter stan-
the August/September 1993 Re- Use Map. The Planning and Zoning dard of judicial review.
porter summarized the DIS- Board voted to approve the Snyder's The District Court added that the
SENTING opinion of the above- rezoning request. property owner's rights are constitu-
referenced case which reversed and The Board of County Commission- tionally protected; therefore, while
remanded the case. In fact, the case ers, however, voted to deny the re- the initial burden of proof is on the
was affirmed per curiam. zoning request without stating a rea- landowner to demonstrate that the
son for denial. Three circuit judges petition complies with the zoning re-
Board of County Commissioners denied the Snyder's petition for cer- quirements, an opposing governmen-
v. Snyder 18 FLW 5522 (Fla. Octo- tiorari to the circuit court. The Fifth tal entity must prove by clear and
ber 7, 1993). District Court of Appeal granted cer- convincing evidence that public ne-
The Florida Supreme Court de- tiorari and evaluated the appropri- cessity (health, safety and welfare)
cided a controversial zoning case ate standard of review for a zoning requires a more restrictive use in or-
and resolved a conflict between dis- decision, der to deny the petition. After such
tricts with regard to the burden of The Fifth District Court of Appeal a showing, the burden shifts back
proof and the standard of judicial re- acknowledged that zoning decisions to the landowner to prove that the
view in reviewing zoning decisions, have traditionally been considered more restrictive use constitutes a tak- 4
Mr. and Mrs. Snyder own a half legislative in nature and thus up- ing of property requiring compensa-
acre parcel in Brevard County, Flor-. held if "fairly debatable"; however, tion.
ida, which they wanted to rezone the Court limited that standard to The Florida Supreme Court
from GU, General Use, which allows comprehensive rezonings or rezon- agreed with the Fifth District Court

18








ters 40D-2 and 40D-4 F.A.C. The fo- Management District and is respon- laude, from the University of South
cus on enforcement will continue. sible for rulemaking for the water Florida and her J.D. degree, magna
use, surface and storm water and wet- cum laude, in 1982 from the Univer-
f-- Karen A. Lloyd is a senior attorney lands permitting programs. She re- sity of Florida.
with the Southwest Florida Water ceived her B.S. degree, magna cum


Update on State Water Policy Revisions

by Elizabeth D. Ross

Chapter 17-40, Fla. Admin. Code, systems in the State Water Policy Finally, water data collection
the Department of Environmental and represent a Department effort concerning monitoring and reporting
Protection's rule which establishes to establish goals for this rapidly de- of water use is addressed and
Florida's water policy, is in the final veloping subject. Workshop com- largely reflects programs which ex-
stage of revision. The process began ments focused extensively on these ist in a majority of water manage-
last summer when the Department proposed changes and the Depart- ment districts.
conducted a number of statewide ment has, in the most recent draft Surface water management poli-
workshops which informally solic- rule, clarified its intent by defining cies were changed in two major
ited proposals for change to the Pol- key terms such as "associated eco- areas: (1) floodplain protection and
icy. The Department complied with systems" and "natural systems" and (2) pollutant load reduction goals
these suggestions and initiated for- explicitly stating these goals are not ("PLRGs"). Floodplain protection re-
mal rulemaking to take these and self-executing, visions include development of wa-
other ideas into account. Suggested The existing policies concerning tershed management goals and de-
conceptual changes also arose from water supply matters were modified velopment of floodplain protection
the reports of statewide convention in a manner consistent with what buffer areas and information. The
committees. These committees, seems to be a developing Depart- original scope of these proposed re-
some of which are still finalizing ment theme for the Policy, namely, visions has been reduced in the
their reports, are comprised of water natural system protection. Defini- latest draft Policy. The PLRG provi-
management district and Depart- tions for ground and surface water sions have been revised to require
ment staff charged with developing availability were proposed and di- development of both interim and fi-
program consistency in over a dozen reaction is given to the water man- nal PLRGs for surface water improve-
areas of significance. agement districts not to exceed ment and management or "SWIM"
After a long summer of inter- water availability in making alloca- water bodies where NPDES dis-
agency meetings between the Depart- tion decisions. The originally pro- charges occur. This program is, in
ment and the five water manage- posed language concerning priority part, intended to bring Florida's
ment districts concerning the actual protection for natural systems was water quality efforts "in line" with
language for the revisions, the deleted pursuant to workshop com- federal efforts. The setting of PLRGs
Department conducted a series of ments. Additional proposed changes for both interim and final stages are
statewide rule workshops to receive in the area of water supply include the responsibility of the water
comment on the proposed rule text. establishment of consistent water management district governing
As those of you who participated in conservation standards and water boards, which also must develop a
this process realize, the draft rule shortage restrictions. Water reuse is prioritization of the water bodies for
proposed revisions on several another area of revision which re- which the PLRGs are to be devel-
"themes" or major issues including: ceived substantial comment as the oped and a schedule for accomplish-
(1) natural systems protection, (2) originally proposed rule suggested de- ing the goal. Water quality parame-
water supply protection and manage- letion of environmental enhance- ters for each body must also be de-
ment, (3) surface water manage- ment from the definition of reuse veloped by the water management
ment policies and (4) planning or and deletion of the entire feasibility districts. The Policy language grants
water program development require- test when determining whether to the districts some latitude in devel-
ments. require reuse. The Department ad- oping PLRGs as these are tremen-
In the area of natural system pro- dressed the workshop comments by dously time consuming and expen-
tection, the Department's initially including these items, with some sive matters which need to be
proposed changes dealt with addi- modification, in the most recent conducted in accord with other dis-
tional goals for natural resource pro- draft Policy. Interestingly, the rule trict programs.
section and management, including does declare reclaimed water and ef- A final area of Policy change in
such concepts as avoidance or fluent to be a water resource in the surface water policies included the
minimization of individual and state which recognizes the impor- initially proposed provisions requir-
tI cumulative impacts and protection tance of this water as an alternative ing F.S. Chapter 298, districts to de-
of fish and wildlife, including en- supply source. Language dealing velop stormwater management
dangered species and their habitat. with ownership of land and the is- programs in accordance with water
These proposed goals establish a sue of water rights was also deleted management district and state
new category of policies for natural as a result of workshop comment. goals. After extensive workshop com-
continued ...
17








WATER POLICY REVISIONS the draft plans four months prior to Environmental Regulation Commis-
from preceding page Governing Board consideration of sion meeting. Since the State Water
the plans with the intent of receiv- Policy is a guiding document for the
ing public comment in advance of water management districts, the dis-
ment, these provisions have been plan acceptance. The boards are to tricts must review and revise their
clarified to develop a program ac- accept the DWMP no later than No- existing rules to be in compliance
ceptable to the Chapter 298 dis- vember 1, 1994 with Department with direction given by the Policy
tricts. review to immediately follow. Ex- within one year of its adoption. Fur-
The new provisions concerning plicit language clarifies the fact that their rule activity in the areas
the district water management the DWMP are not self-executing described above which require dis-
plans ("DWMP") and the Florida and are strictly intended to be plan- trict implementation is likely. If you
Water Plan represent the most sig- ning documents. The Florida Water are interested in any of the topics
nificant changes to the water pro- Plan scope and contents are also de- summarized above, please familiar-
gram development provisions. The fined. This Florida Water Plan is ize yourself with the actual rule text
minimum required contents for the intended to be the comprehensive as this article is intended simply to
DWMP are defined with specificity plan of Florida including considera- be an overview of significant topics.
in all four areas of district responsi- tion of the State Water Use Plan
bility-water quality, water supply, and the DWMPs all water-related ac-
natural system protection and flood tivities in the state. Elizabeth D. Ross is a Senior At-
protection. Schedules for develop- The Department's intent is to torney with the South Florida Water
ment of recharge mapping, mini- mail a revised Policy draft to their Management District workingprimar-
mum flows and levels and PLRGs complete mailing list on October 1st ily in the areas of permitting, water
are examples of the significant items and request written comments by Oc- supply planning and rulemaking.
to be included in the DWMPs. The tober 8th. The rule will then be pub- She received her J.D. in 1985 from
DWMP language also includes deliv- lished in the October 15th issue of the University of Florida College of
ery requirements and specifies that the Florida Administrative Weekly Law.
schedule dates are to be included in for adoption at the December 1-2



Florida Caselaw Update


by Kristin M. Conroy and R. Scott Ruth
Hopping Boyd Green & Sams

Errata: Eastpointe Condominium As- only a single family residence, to RU- ings affecting a large portion of the
sociation, Inc. v. Palm Beach Isles 2-15, which allows fifteen units per public. The Court held that zoning
Associates, 18 FLW 964 (Fla. 4th acre. The Brevard County Planning decisions which entail the applica-
DCA, April 14, 1993). Due to a se- and Zoning staff found that the pro- tion of a general rule or policy to
vere technical difficulty (or some posed development would be consis- specific individuals should be con-
other temporary physical malfunc-. tent with the Brevard County sidered quasi-judicial in nature and
tion) the Florida Caselaw Update in Comprehensive Plan Future Land therefore subject to a stricter stan-
the August/September 1993 Re- Use Map. The Planning and Zoning dard of judicial review.
porter summarized the DIS- Board voted to approve the Snyder's The District Court added that the
SENTING opinion of the above- rezoning request. property owner's rights are constitu-
referenced case which reversed and The Board of County Commission- tionally protected; therefore, while
remanded the case. In fact, the case ers, however, voted to deny the re- the initial burden of proof is on the
was affirmed per curiam. zoning request without stating a rea- landowner to demonstrate that the
son for denial. Three circuit judges petition complies with the zoning re-
Board of County Commissioners denied the Snyder's petition for cer- quirements, an opposing governmen-
v. Snyder 18 FLW 5522 (Fla. Octo- tiorari to the circuit court. The Fifth tal entity must prove by clear and
ber 7, 1993). District Court of Appeal granted cer- convincing evidence that public ne-
The Florida Supreme Court de- tiorari and evaluated the appropri- cessity (health, safety and welfare)
cided a controversial zoning case ate standard of review for a zoning requires a more restrictive use in or-
and resolved a conflict between dis- decision, der to deny the petition. After such
tricts with regard to the burden of The Fifth District Court of Appeal a showing, the burden shifts back
proof and the standard of judicial re- acknowledged that zoning decisions to the landowner to prove that the
view in reviewing zoning decisions, have traditionally been considered more restrictive use constitutes a tak- 4
Mr. and Mrs. Snyder own a half legislative in nature and thus up- ing of property requiring compensa-
acre parcel in Brevard County, Flor-. held if "fairly debatable"; however, tion.
ida, which they wanted to rezone the Court limited that standard to The Florida Supreme Court
from GU, General Use, which allows comprehensive rezonings or rezon- agreed with the Fifth District Court

18





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