| Material Information
||Letter from Wade L. Hopping
||North America -- United States of America -- Florida
||Letter from Wade L. Hopping, To: Phil Lewis, October 13, 1995, encl: "Water Supply: The Issue of the Future"
||Box 9, Folder 14 ( SF-WMD REview Commission - 1995-1996 ), Item 18
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
JAMES S. ALVES
BRIAN H. BIBEAU
ELIZABETH C. BOWMAN
RICHARD S. BRISHTMAN
PETER C. CUNNINGHAM
RALPH A. DcMEO
THOMAS M. DOROSE
WILLIAM H. GREEN
WADE L. HOPPING
FRANK E. MATTHEWS
RICHARD D. MELSON
DAVID L. POWELL
WILLIAM D. PRESTON
CAROLYN S. RAEPPLE
DOUGLAS S. ROBERTS
GARY P. SAMS
ROBERT P. SMITH
CHERYL G. STUART
('bPPING GREEN SAMS & S hH
ATTORNEYS AND COUNSELORS
123 SOUTH CALHOUN STREET
POST OFFICE BOX 6526
TALLAHASSEE, FLORIDA 32314
FAX (904) 224-8551
FAX (904) 425-3415
Writer's Direct Dial No.
KRISTIN M. CONROY
CONNIE C. DURRENCE
JONATHAN S. FOX
JAMES C. GOODLETT
GARY K. HUNTER, JR.
JONATHAN T. JOHNSON
ROBERT A. MANNING
ANGELA R. MORRISON
GARY V. PERKO
KAREN M. PETERSON
MICHAEL P. PETROVICH
LISA K. RUSHTON
R. SCOTT RUTH
JULIE R. STEINMEYER
W. ROBERT FOKES
October 13, 1995
Post Office Box 9726
Riviera Beach, Florida 33419
Enclosed is an October 13, 1995, version of "Water Supply: The Issue of the Future"
paper that I previously discussed with you. After our conversation we reviewed the issues and
reprioritized them to make it more consistent with your views and the views of others. Many
people want to ensure that the Water Management Districts are required to assure that there is
plenty of water available for all users. Most of us believe that they should be held accountable
for failing to identify adequate water supplies but they should not be in the business of selling
water to other suppliers such as regional water supply authorities and/or local governments.
Long term, many of us believe the Districts should be moved out of the regulatory
business because of a fear that when you combine taxing authority, regulatory authoritycand
water supply authority in an un-elected regional power, you will create an independent entity that
is totally uncontrollable by the Legislature or anyone else.
I hope this document is of some value to you. If you have any questions please let me
Wade L. Hopping
Others Question SWIFTMUD'S
The Tampa Tribune-Times. Sunday. September 10, 1995.
_~_ ~ ___~
WATER SUPPLY Oob~ 13, 1995
THE ISSUE OF THE FUTURE
The prime directive: The Florida Legislature should create a state regulatory and water
supply program designed to assure there is more than an adequate supply of water for all users.
The fact that Florida receives an annual rainfall of 50to 55 inches should make achievement of
the prime directive feasible if we wisely use our surface and groundwater resources.
Legislative strategies to accomplish the prime directive should include:
1. Establish policy by statute which assigns water management district governing
boards responsibility for water supply planning and water supply allocation as a
primary mission. The Legislature should make water management districts
accountable for ensuring that adequate water supplies are available to all users.
Continue governing board authority over flood control, works of the district
permitting, and consumptive use permitting.
2. Institute a program of systematic legislative ovsight of the water management
districts to ensure orderly progress toward meeting the water supply needs of
Florida citizens, business and the natural environment.
3. Direct water management district boards to develop strategies and plans for
adequate sources of long term water supplies for all users. The Legislature
should ensure appropriate funding mechanisms are available to the water
management districts and to other water supply entities to carry out their water
4. The proposed "Florida Water Plan" and any state water policy should not be
adopted or implemented until the legislators have acted on the report and
recommendations of the Water Management District Review Commission and any
legislative proposals of the appropriate House and Senate committees.
5. Relieve water management district governing boards of the responsibility for
issuing Environmental Resource Permits by authorizing water management district
Executive Directors to issue all permits under delegated authority of DEP except
consumptive use permits under Part I of 373 and Works of the District permits
under Part IV. Maintain the current activity based permitting split between DEP
and water management districts.
6. Transfer rule adoption responsibilities, except those under Part II of 373
(consumptive use) and Works of the District under Part IV, from water
management district governing boards to the DEP or to a reconstituted and more
balanced Environmental Regulation Commission. Transfer corresponding permit
appeal responsibilities to the Secretary of DEP.
7. Restructure water managettlent district governing boards to provide representation
from various water user groups including industry, agriculture, private and public
water suppliers, representatives of environmental interests, electric utilities, and
representatives of the consuming public.
8. The water management districts should develop a legislatively approved package
of economic and segulatery incentives designed to reduce reliance on groundwater
as the principal water source. These incentives should include efforts to promote
conservation, water reuse, desalination, and utilization of surface waters,
particularly flood waters and other high water sources.
,9. The Legislature should continue to streamline the regulatory process including
considering the possibility of consolidating Environmental Resource Permitting
within )DEP.and removing, all regulatory authority from Water management
districts se pt Part II (consumptive use) and Part IV (works of district) permits.
10. Establish a legal mechanism for a water management district to process and issue
the consumptive use permit for a water supply development project of the district
u pursuant to district rules with final issuance of permit subject to approval by the
Secretary of DEP.
11. Over time, ensure that the management plans for state lands (other than
submerged lands), ,tate parks, state forests make these lands available for
multiple uses including water supply.