Title: Public Workshop, State Water Policy
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00001835/00001
 Material Information
Title: Public Workshop, State Water Policy
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Memorandum Public Workshop, State Water Policy To: Governing Board Members From: Marcia K. Penman, Assistant Interagency Coordinator May 4, 1981
General Note: Box 9, Folder 6 ( SF- State Water Policy/Property Rights Issue - 1980-1981 ), Item 92
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001835
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.

Full Text

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PHONE (904)796-7211

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RONALD o. LAMMERT Tnmar. WMdmol" DONALD R FEASTER. ~ SwEaith Dicor

May 4, 1981


FROM: MARCIA K. PENMAN, Assistant Interagency Coordinator
S RE: Public Workshop, State Water Policy

On May 1, 1981, .L. M. Blain and I attended a public workshop devoted to dis-
cussion of proposed amendments to the state water policy. Also in attendance
were representatives of developers, agricultural interests, Pinellas County,
St. Petersburg, Pasco County, water supply authorities, state agencies, and
other water management districts, as well as Representative Chuck Smith.
The major topic of discussion was suggested wording for S. 17-40.03, Florida
Administrative Code, General Water Policy. As you know at the March 27, 1981,
public hearing, Secretary Tschinkel had decided to delay adopting general pol-
icy statements; she wanted the additional time to strengthen the wording of
the policy, particularly those portions dealing with water conservation, non-
structural approaches to water management, and preservation of natural systems.
The various interest groups represented at the workshop were able to reach a
general consensus of opinion regarding the way in which the general policy
should be worded. Attachment I is a copy of the policy for which there was
general agreement at the meeting. It is in legislative format, showing the
deletions from the suggested wording as struck through type (e.g., Prev4de-fep)
and additions as underlined (e.g., Assure). This version will be presented at
the public hearing scheduled for June 8, 1981.

The other topic of discussion was a proposed amendment regarding the water
rights of property owners (Attachment II). There was less agreement with
this addition, and discussion was delayed until the time of the public
cc: Donald R. Feaster
William C. Tatum
L.M. Blain

17-40.03, Florida Administrative Code

The following general statement of general-water policy shall provide a
basis for Department review of water management programs, rules, and plans.
te-eassue-that-sueh Water management programs, rules, and plans, where econo-
mically and environmentally feasible, not contrary to the public interest and
consistent with Florida law, shall seek to:
1. Ppev4e-fer Assure availability of an adequate and affordable supply of
water for all reasonable-beneficial uses. and-44t-uses Uses of water
authorized by a permit sEall be limited To reasonable-beneficial uses.
2. Reserve from use that water necessary to support essential non-withdrawal
demands, including navigation, recreation, and the protection of fish and
3. Promote water conservation as an integral part of water management pro-
grams, rules, and plans and eneeupage the use and reuse of water of the
lowest acceptable quality for the purpose intended.
4. Utilize, preserve, restore, and enhance natural water management systems
and discourage the channelization or other alteration of natural rivers,
streams, and lakes.
5. Protect the natural water storage and water quality enhancement functions
of wetlands, floodplains, and aquifer recharge areas through acquisition,
enforcement of laws, and the application of land and water management
practices which provide for compatible uses.
6. Mitigate adverse impacts resulting from prior alteration of natural hydro-
logic patterns and fluctuations in surface and ground water levels.
7. Establish minimum flows and levels to protect water resources and the
environmental values associated with eeastal marine, estuarine, fresh-
water, and wetlands ecology.

8. Encourage non-structural solutions to water resource problems and give
adequate consideration to non-structural alternatives whenever struc-
tural works are proposed.
9. Manage-deveepment-n Encourage the management of floodplains and other
flood hazard areas to prevent or reduce flood damage consistent with
establishment and maintenance of the-natural desirable hydrologic
characteristics of such areas.
10. Manage the construction and operation of facilities which dam, divert,
or otherwise alter the flow of surface waters to prevent increased flood-
ing, soil erosion, or excessive drainage. whkeh-.4s-harmfl-te-wateP
11. Encourage the development of local or regional water supplies within
districts pv4er-te rather than the transport er-use-ef water across
* district boundaries.

17-40.03, F.A.C., General Water Policy (Cont'd)

12. Control point and non-point sources of water pollution to the greatest
degree feasible as provided In Chapter 17-3, and 17-6, F.A.C.
13. V dertake Develop Interstate agreements and undertake cooperative pro-
grams with Alabama and Georgia to provide for coordinated management
of surface and ground waters.


-2- !
____ ____ ____ ____ !

17-40.0 (5)0

In implementing a consumptive use permitting program, the
Department and District shall recognize the right of an applicant
to make a reasonable-beneficial use of any water which has not
previously been reserved, or allocated to another use, in
accordance with the. provisions of Chapter 373,

Possible Alternatives

(5) In implementing a consumptive use permitting program,
the Department and District shall recognize the rights
of overlying property owners to make consumptive uses
of underlying ground waters for reasonable-beneficial
purposes consistent with the Water Resources Act.

S In implementing a consumptive use permitting program
the Department and Districts shall recognize the rights of
property owners to make a reasonable-beneficial use of both
adjacent surface waters and underlying ground waters.

(5) In implementing consumptive use permitting programs, the
I +Departmen t and Districts shall recognize the rights
of property owners to make consumptive uses of underlying
ground water and of adjacent surface water for reasonable-
Sbeneficial purposear ----s .-__ *- ---u -- -
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