Title: Executive Order Number 96-297
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 Material Information
Title: Executive Order Number 96-297
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Executive Order Number 96-297 State of Florida Office of the Governor
General Note: Box 8, Folder 7 ( Vail Conference, 1997 - 1997 ), Item 58
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001580
Volume ID: VID00001
Source Institution: Levin College of Law, 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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ATTACK(uNT 2








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OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 96-297


WHEREAS, Florida has an abundance of water resources and

related natural systems, whose sustainability is vital to the

economic and environmental health of the State, and

WHEREAS, Florida water law is founded on the principles that

water is a state resource that belongs to the public, and'that

water use must be managed both to protect Florida's rivers,

lakes, wetlands, aquifers, and coastal waters and to meet the

water supply needs of the public, and

WHEREAS,'in certain areas of the state, withdrawals and

diversions from surface watercourses, aquifers, and surface

waters have caused harm to water resources and related natural

systems, emphasizing the need for adequate funding and prudent

development of water supplies within the context of coordinated

water supply and land use planning, and

WHEREAS, we must adequately inventory, conserve, manage, and

develop our water resources in a manner to ensure their

sustainability and the sustainability of related natural systems,

while meeting the water supply needs of the public, and




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5.3.29









WHEREAS, Chapters 163, 373, 380, and 403, Florida Statutes,

and various other laws, provide authority and direction to

preserve and protect the waters of the state and to plan, manage,

and provide for their proper use consistent with the public

interest, and

WHEREAS, the Land Use and Water Planning Task Force and the

Water Management District Review Commission provided

recommendations regarding water resources issues, many of which

can be implemented under existing statutory authority, and

WHEREAS, the Governor has the constitutional duty to

faithfully execute Florida law, and the Water Management

Districts, under the general supervisory authority of the

Department of Environmental Protection pursuant to section

373.026(7), Florida Statutes, serve as trustees of Florida's

publicly owned water resources.

NOW, THEREFORE, I, LAWTON CHILES, Governor of the State of

Florida, by the powers vested in me by the Constitution and laws

of the State of Florida, do hereby promulgate the following

executive order, effective immediately:

Section 1.

To promote the establishment of minimum flows and levels, as

needed, throughout the state, the Department of Environmental





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Protection (hereinafter the "Department") is directed to work

with the Water Management Districts (hereinafter the "Districts")

to ensure that by November 15, 1996, and annually thereafter,

each District submits to the Department a priority list and

schedule for the establishment of minimum flows and levels for

surface watercourses, aquifers, and surface waters within the

District.

The initial priority list and the updated priority lists are

to be based upon the importance of the waters to the state or

region and the existence of, or potential for, significant harm

as set forth in section 373.042(1), Florida Statutes.

SSpecial consideration is to be given to establishing minimum

flows and levels for waters within designated water resource

caution areas.

It is expected that the Southwest Florida Water Management

District will include on its initial priority list waters within

the area described in section 373.042(2), Florida Statutes.

Section 2.

The Department shall work with the Districts, providing

technical and staff assistance where possible, to help ensure

that the Districts:







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(1) Complete the establishment of minimum flows and levels

for surface watercourses, aquifers, and surface waters on their

initial priority lists by the end of fiscal year 1999, except

that establishment of minimum flows and levels for waters within

the area described in section 373.042(2), Florida Statutes, is to

be completed pursuant to the time requirement in section

373.042(3), Florida Statutes.

(2) Base the establishment of minimum flows and levels on

scientific determinations of the sustainability of water

resources and related natural systems, using the best information

available.

(3) Re-evaluate.minimum flows and levels periodically and

revise them when necessary.

(4) Implement minimum flows and levels equitably and

fairly, and in a manner to help ensure the sustainability of

water resources and related natural systems.

(5) Develop consistent methods for establishing and

implementing minimum flows and levels where needed and

practicable, including consistent processes for peer review.

However, peer review for minimum flows and levels for waters

within the area described in section 373.042(2), Florida







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5.5327









Statutes, is to be conducted pursuant to section 373.042(4),

Florida Statutes.

Section 3.

The Department is directed to work with the Districts to

help ensure comprehensive water supply planning by the Districts,

for at least a 20-year planning period, which is done in

coordination with land use planning, which considers other local

and regional water supply plans, which is open to the public, and

which includes broad participation by interested and affected

parties, within the following framework:

(1) By July 1, 1997, one or more water supply planning

,- regions -shall be identified within each District, which singly or

together encompass the entire district, based on surface

watersheds, groundwater basins, and other factors, as

appropriate.

(2) By July 1, 1998, a district-wide water supply

assessment shall be completed which determines for each water

supply planning region, for at least a 20-year planning period:

(a) Existing legal uses, reasonably anticipated future

needs, and existing and reasonably anticipated sources of water

and conservation efforts.





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(b) Whether existing and reasonably anticipated sources of

water and conservation efforts are adequate to supply water for

all existing legal uses and reasonably anticipated future needs,

and to sustain the natural systems.

(c) Whether harm to the water resources or related natural

systems has occurred or is reasonably expected to occur, wholly

or partially as a result of water withdrawals.

(3) By October 1, 1998, regional water supply planning shall

be initiated for each region where sources of water are

determined not to be adequate for the planning period to supply

water for all existing legal uses and reasonably anticipated

. ... future needs, and to sustain the natural systems, or where harm

to the water resources or related natural systems has occurred or

is reasonably expected to occur wholly or partially as a result

of water withdrawals, in order to meet the water supply needs of

all existing and future legal uses and the natural systems within

the region.

(a) Each regional water supply plan is to be completed

within eighteen months of being initiated, unless a delay is

justified.

(b) Each regional water supply plan shall identify water

supply options, including alternative water supplies, which are





5.
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environmentally, technically, and economically feasible for the

planning region; a proposed schedule and projected costs for

implementing feasible options; and funding mechanisms.

(c) Each regional water supply plan shall incorporate the

minimum flows and levels that are established within the planning

region.

(4) The district-wide assessments and the regional water

supply plans are to be updated at least every five years.

Additional regional water supply planning is to be initiated and

completed, as needed pursuant to the guidelines in this section.

(5) Beginning November 15, 1997, and annually thereafter,

the Department will submit to the Office of the Governor and the

Legislature a report on the status of water supply planning in

each District. Working in cooperation with the Districts, the

Department of Community Affairs, and local government, the

Department will include in the report a section on efforts and

accomplishments in coordinating regional water supply planning

and land use planning.

(6) This section is not intended to restrict water supply

planning efforts, but to ensure accountability to the people of

this State and provide a consistent framework within which to

conduct regionally based water supply planning.









Section 4.

In furtherance of water supply planning pursuant to section

3 of this Executive Order, the Office of the Governor will

develop and conduct a process to investigate and formulate

recommendations on effective means for water supply development

and funding and, as necessary, water supply planning. This

process will be open to the public and will encourage and provide

the opportunity for the voluntary participation of all interested

private interests, levels of government, and members of-the

Legislature. For purposes of this executive order, "water supply

development" means the development and distribution of adequate,

safe, and dependable water supplies, including traditional and

alternative supplies, for all existing and projected legal uses,

in a manner which sustains water resources and related natural

systems.

(1) In the consideration of. local, regional, and statewide

issues and approaches, as appropriate, this process will address:

(a) Mechanisms for water supply development, including the

legal and institutional framework needed for water supply

development, and the assignment of responsibilities.

(b) The relationship of water supply planning and land use

planning to water supply development and funding.









(c) Various funding options for water supply development,

with consideration of new or existing federal, state, regional,

or local government or private sources, joint ventures, grant and

loan programs, water use fees, rate structures, and others.

(d) Existing and potential incentives for, and obstacles

to, development of economically, environmentally, and technically

feasible water supplies, with particular emphasis on water

conservation, alternative water supply development, and the

application of innovative technologies.

(2) This process may include discussion of other related

issues, as appropriate, including relevant recommendations of the

Land Use and Water Planning Task Force and the Water Management

District Review Commission.

(3) The Departments of Environmental Protection and

Community Affairs are directed and the Public Service Commission,

the Office of Public Counsel, and the Water Management Districts

are requested to provide assistance as needed to carry out the

provisions of this section.

(4) By February 1, 1997, the Office of the Governor shall

submit to the Governor and the Legislature appropriate

recommendations, if any, developed through the.process conducted

pursuant to this section. This process may be continued beyond









February, 1997, as deemed appropriate, to develop further

recommendations.

Section 5.

The Office of the Governor recognizes the extensive and

diligent work of the Water Management District Review Commission

and commends the Commission for its general support for

maintaining Florida Water Law and for maintaining and improving

Florida's system of water management.

Consistent with the Commission's recommendation regarding

Executive approval of District budgets, the Legislature has

enacted and the Office of the Governor will implement section

373.536(5), Florida Statutes.

Many of the Commission's recommendations which address

improving District operations and programs are consistent with

Florida law and can be implemented under existing statutory

authority. The Department is directed to work with the Districts

to develop a report, to be submitted to the Governor by November

1, 1996, which lists the recommendations of the Water Management

District Review Commission the Department and Districts are

implementing or will implement under their existing statutory

authority, and how they are implementing or will implement the

listed recommendations. The Department will provide copies of









the report to the Legislature and will make copies available to

other interested parties, including local governments.

Section .

This executive shall expire five years from the date it

becomes effective unless an extension is required to further the

goals stated herein.



IN TESTIMONY WHEREOF, I have
hereunto set my hand and have
caused the Great Seal of the State
of Florida to be affixed at.
T 1 ssee, the Capitol, this
of September, 1996.



GOVERNOR


ATTEST:



REAR OF STATE




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