Title: Task Force on Water Issues, April 19,1983, Senate Chamber
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Title: Task Force on Water Issues, April 19,1983, Senate Chamber
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Abstract: Jake Varn Collection - Task Force on Water Issues, April 19,1983, Senate Chamber (JDV Box 54)
General Note: Box 17, Folder 1 ( Water, Misc. Research - 1980s ), Item 1
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TABLE OF CONTENTS


TASK FORCE ON WATER ISSUES
April 19, 1983


Morning Session 9:30 a.m. to 12 Noon -
Afternoon Session-1:00 p.m. to 5 p.m. -


317 Capitol
Senate Chamber
Old Capitol Building


Agenda


a. Memorandum of Understanding
Between the South Florida Water
Management District and the St.
Johns River Water Management
District

b. An Institutional Approach for Land
and Water Management

c. Bill Proposed for 1982 Session on
the State Water Supply


TAB 1.

TAB 2.










AGENDA

TASK FORCE ON WATER ISSUES

April 19, 1983


9:36-12:00 Noon, 317 Capitol


1. Reverse Osmosis


2. Recycle/Reuse Techniques

a. Use of treated Effluent
in citrus groves


Nazendra Kanal
Assistant to the Director
South Florida Water Management
District


Bob Conlon
Post, Buckley, Schuh and
Jernigan
Bob Haven
City of Orlando


b. Proposed deep well
injection project


3. Proposed Water Quality Act


Fred McCormick
Staff Director
House Committee on
Natural Resources


Noon LUNCH

1:00 p.m.-5:00 p.m. Senate Chambers, Old Capitol


4. Proposed Hazardous Waste
Siting Bill


5. Issues Associated with
Water Transport

a. Pinellas Area


b. South Florida Area


Representative Tom Brown
Subcommittee Chairman
House Committee on
Community Affairs


Buddy Blain
Blain and Cone

Jack Malloy
Executive Director
South Florida Water Management
District


6. Discussion









MEMORANDUM OF UNDERSTANDING

Between

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

And

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Concerning

BREVARD COUNTY

APPLICATION FOR CONSUMPTIVE USE OF

WATER WHICH REQUIRES TRANSPORT OF WATER ,

ACROSS DISTRICT BOUNDARIES


THIS MEMORANDUM, made and entered into this day of

1982, by and between the South Florida Water Management District,

hereinafter referred to as "South Florida", and the St. Johns River Water Management

District, hereinafter referred to as "St. Johns" and to be effective upon execution by

both parties:

WIT N ESSETH:

WHEREAS, the parties hereto, South Florida, and St. Johns are two of the water

management districts specifically named in Chapter 373, F.S. as amended, and are

vested with the powers enumerated in that Chapter and as delegated to the Districts

by the Department of Environmental Regulation (DER), including the power to require

permits for the consumptive uses of particular quantities of water. Section 17-1.04(8)(a),

F.A.C.; and

WHEREAS, Chapter 373, F.S., recognizes that the governing board of a district

may authorize the holder of a consumptive use permit to transport and use ground or

surface water beyond overlying land, across county boundaries, or outside the watershed

from which it is taken if the governing board determines that such transport and use

is consistent with the public interest. Section 373.223(2), F.S. (1981); and


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WHEREAS, both Districts have an obligation to engage in planning to assist

local governments in meeting the water supply needs of rapidly urbanizing areas, Section

373.1961, F.S. (1984; and

WHEREAS, DER, by rule has adopted Chapter 17-40, F.A.C., Water Policy, which,

in pertinent part, provides that water management programs, rules and plans, where

economically and environmentally feasible, not contrary to the public interest, and

consistent with Florida law, shall seek to encourage the development of local or regional

water supplies within districts rather than transport water across District boundaries.

Section 17-40.03(11), F.A.C. Further, said policy also provides that the transport or

use of water across District boundaries requires the approval of each involved District

and provides a list of considerations for the Districts to use in evaluating whether

transport and use of water across District boundaries is consistent with the public

interest pursuant to Section 373.223, F.S. Rule 17-40.05(1) and (2), F.A.C.; and

WHEREAS, Chapter 373, F.S., provides the criteria which must be met in order

to obtain a consumptive use permit under that Chapter. Section 373.223(1)(a) through

(c), F.S. (1981); and

WHEREAS, the rules of South Florida require, inter alia, that a permit must be

obtained for the consumptive use of water within District boundaries. Rule 40E-2.041(1),

F.A.C.; and

WHEREAS, it appears that Brevard County (within the jurisdiction of St. Johns)

is contemplating a withdrawal of water in Osceola County (within the jurisdiction of

South Florida) and transport across District boundaries and use within Brevard County;

and

WHEREAS, it is the intent of the parties hereto to provide for a procedure

whereby both Districts can meet their statutory obligations to assist local governments

in water supply planning, to process applications for consumptive uses of water, to
2









protect the rights of all affected parties and the public in the process, and to do so in

a streamlined and efficient manner with a minimum of duplication of effort.

NOW THEREFORE, the South Florida Water Management District and St. Johns

River Water Management District agree as follows:

1. Brevard County shall apply to South Florida for a water use permit. South

Florida shall be responsible for evaluating the criteria and issues specified within Chapter

373, F.S., and applicable rules related to water use and interdistrict transfer of water.

St. Johns shall review the application and make recommendations to South Florida

as further specified in this Memorandum of Understanding. St. Johns shall give special

consideration to the application in light of its water supply planning responsibility

under Section 373.1961 F.S. (1982).

2. Procedure

a. Applications and petitions will be processed in accordance with the

procedure specified in this Memorandum of Understanding, the rules of the District and

other applicable laws. St. Johns shall participate as a party in the permit proceedings

of South Florida on the issuance or modification of the permit.

b. The staff of each District shall assist the staff of the other District in

an informal manner in the processing of the application from Brevard County.

c. Upon receipt of the water use permit application from Brevard County,

South Florida shall immediately forward a copy to St. Johns.

d. South Florida and St. Johns shall review the application for sufficiency

including the factors related to need listed in paragraph 3, the factors related to the

withdrawal listed in paragraph 4, and any other information that the Districts are by

law or rule permitted to request.

e. St. Johns shall submit its list of requested additional information to South

Florida no later than 25 days after the date of application. South Florida shall include
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: : :i









the St. Johns' request with its request for additional information and shall immediately

forward copies of all information received to St. Johns. .

f. Upon satisfactory submission of all requested additional information relating

to the need for the proposed interdistrict transfer, Brevard County may request South

Florida for an interlocutory order to resolve the issues enumerated in paragraph 3.

Upon receipt of such a request from Brevard County, South Florida and St. Johns shall

evaluate the application as it relates to the issues enumerated in paragraph 3.

g. St. Johns shall prepare a staff recommendation which shall be furnished

to the South Florida staff and the St. Johns' Board. The recommendations approved

by the St. Johns Board shall be forwarded to the South Florida Board so that they are

received at least five days before South Florida proposes to consider the request for

interlocutory order.

h. Upon the completion of any proceedings conducted pursuant to the request

Sthe South Florida Board shall enter an appropriate order. If South Florida determines

that the need for an interdistrict transfer has been adequately demonstrated, then an

interlocutory order to that effect shall be entered, pending satisfactory submission and

evaluation of the remaining additional information requested in c. above. If South

Florida determines that the need for an interdistrict transfer has not been adequately

demonstrated, then a final order to that effect shall be entered.

i.- If a final order is entered under f. above, the application shall be denied

and all further proceedings terminated. If an interlocutory order is entered under f.

above, or if Brevard County elects not to request an interlocutory determination under

d. through f. above, then the procedures in j. through 1. below, shall be followed to

process the application.

j. Upon South Florida's certification that the application is complete, South

Florida and St. Johns shall evaluate the application as it relates to the issues enumerated
4
4, } -









in paragraph 4 and any other remaining issues not disposed of pursuant to f. through

i. above.

k. St. Johns shall prepare a staff recommendation which shall be furnished

to the South Florida staff and the St. Johns' Board. The recommendation approved by

the St. Johns Board shall be forwarded to the South Florida Board so that it is received

at least five days before South Florida proposes to consider the application.

1. Upon the completion of any proceedings conducted in consideration of the

application, the South Florida Board shall enter a final order issuing, issuing with

conditions, or denying the permit. The final order shall incorporate any interlocutory

orders previously entered by the Board not already decided on appeal.

m. Applications for modification or renewal shall be processed in accordance

with the procedures set forth in this Memorandum of Understanding.

n. The applicant may apply to St. Johns for a permit to allow for withdrawal

of water from sources within St. Johns.

3. The following issues shall be considered in evaluating the need for the

proposed interdistrict transfer:

a. Whether the proposed use is reasonable-beneficial, Section 373.223(1)(a),

F.S. In determining whether the use is reasonable-beneficial, the Districts should

consider any evidence presented concerning the following factors:

(1) The quantity of water requested for the use;

(2) The demonstrated need for the use;

(3) The purpose and value of the use; :i '

(4) The method and efficiency of use;

(5) Water conservation measures taken or available to be taken;

(6) The practicality of reuse, or the use of waters of more suitable

quality;









(7) Whether the proposed use would cause or contribute to flood damage;

and

(8) Other relevant factors related to need as may be required by District

rules.

b. Whether the proposed use is consistent with the public interest, Section

373.223(1)(c), F.S. In determining whether the use is consistent with the public interest,

the Districts should consider the extent to which:

(1) Comprehensive water conservation and reuse programs are

implemented and enforced within the proposed service area, Rule

17-40.05(2)(a), F.A.C.;

(2) The major costs, benefits, and environmental impacts in the area

of use have been adequately determined, Rule 17-40.05(2)(b), F.A.C.;

(3) The transport is environmentally acceptable within the area of use

and is an economically acceptable method to supply water for the

given purpose, Rule 17-40.05(2)(c), F.A.C.;

(4) The transport plan incorporates a regional approach to water supply

and distribution including, where appropriate, plans for eventual

interconnection of water supply sources, Rule 17-40.05(2)(c), F.A.C.

and

(5) The transport is otherwise consistent with the public interest. Rule

17-40.05(2)(f), F.A.C.

4. The following issues shall be considered in evaluating the proposed

withdrawal:

a. Whether the proposed use is reasonable-beneficial, Section 373.223(1)(a),

F.S. In determining whether the use is a reasonable-beneficial use, the Districts should

consider any evidence presented concerning the following factors:

(1) The suitability of the use to the source of water;









(2) The extent and amount of harm caused;

(3) The practicality of mitigating any harm by adjusting the quantity

or method of the use;

(4) Whether the impact of the withdrawal extends to land not owned

or legally controlled by the user;

(5) The present and projected demand for the source of water;

(6) The long term yield available from the source of water;

(7) The extent of water quality degradation caused;

(8) Whether the proposed use would significantly induce salt water

intrusion;

(9) The amount of water which can be withdrawn without causing harm

to the resource; and

(10) Other relevant factors related to withdrawals as may be required

by District rules.

b. Whether the proposed use will interfere with any presently existing legal

use of water, Section 373.223(1)(b), F.S., and;

c. Whether the proposed use is consistent with the public interest, Section

373.223(1)(c), F.S. In determining whether the use is consistent with the public interest,

the Districts should consider the extent to which:

(1) The major costs, benefits, and environmental impacts in the area

of withdrawal have been adequately determined; Rule 17-40.05(2)(b),

F.A.C.;

(2) The transport is environmentally acceptable in the area of

S withdrawal, Rule 17-40.05(2)(c), F.A.C.;

t>'' (3) The present and projected water needs of the supplying area are

reasonably determined and can be satisfied even if the transport

takes place; Rule 17-40.05(2)(d), F.A.C.; and


L









(4) The transport is otherwise consistent with the public interest. Rule

17-40.05(2)(f), F.A.C.

Executed this day of 1982.

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT


E. D. VEGERA
Executive Director


SOUTH FLORIDA WATER MANAGEMENT DISTRICT


- .-..


JOHN R. MALOY
Executive Director



On behalf of Brevard County, I hereby certify that I have read the foregoing

Memorandum of Understanding and agree to follow the procedures outlined therein.



BREVARD COUNTY


COUNTY ADMINISTRATOR



LEGAL FORM AND CONTENT APPROVED


COUNTY ATTORNEY





L-p-- -= -
LIL





AN INSTITUTIONAL APPROACH FOR LAND & WATER MANAGEMENT



Background



For discussion purposes, I want to propose an

institutional structure to direct and guide the growth and

development of the state. The proposed institutional structure

would do the following:

1. Bring together the land use and water
management regulatory programs;
2. Place the decision making at a level as
close as possible to the people
affected;
3. Provide for the development of state
policies and regional policies which
would guide the local government
comprehensive plans; and
4. Provide institutions to regulate our
daily activities so as to protect our
environment and natural resources, as
well as institutions to provide us with
the services and amenities we demand.

Before going further, let me briefly amplify on the

statements above. For too long we have recognized the need to

bring together land use and water management regulatory programs.

The policy statements of Chapters 373 and 380, Florida Statutes,

recognize the interrelationship between water management and land

use; however, in most instances the programs remain separate and

distinct. Land use impacts our water resources and water

management impacts land use. What purpose is served if we have

an excellent ground water protection program, if our land use

programs authorize land uses that pollute the ground water.












As to the decision-making process, there is an

appropriate role for state agencies, regional agencies and local

government. It is very important that the jurisdiction of each

is carefully defined. For example, state agencies and regional

agencies should not be concerned with local government decisions

whose impacts are confined to that local government's

jurisdiction. However, if a local government's decision has

regional or statewide impacts, then it is appropriate for the

regional agencies and state agencies to review that decision.

Critical to this decision-making process is the

establishment of state policies and regional policies to guide

growth and development. State policies have to be adopted first.

Within the framework of the state policies, regional policies

would then be developed. Then, local government comprehensive

plans would be prepared consistent with the state and regional

policies. State and regional agencies would have the authority

to review and amend the plans to insure consistency with the

state and regional policies. In addition, the state and regional

agencies would have to monitor local government's activities to

insure consistency with the adopted local government

comprehensive plan, state policies and regional policies. At a

minimum, the state policies and regional policies should cover

each of the elements to be included in the local government

comprehensive plan (see Section 163.3177, Florida Statutes).

Under this arrangement, purely local decisions would be made by

local government, however, if the decision had regional or












statewide implications, other entities would become involved in

the decision-making process.

There are certain services that the public expects that

are beyond the capability of local government. For example,

flood control cannot be adequately handled by local government.

Hazardous waste disposal, solid waste disposal, sewage treatment

and water supply may also fall into this same category. There is

a need for regional and state agencies in these programs. Under

this institutional arrangement, it is inappropriate to place

these responsibilities in the same institution that will be

regulating these activities. In providing the services described

above (flood control, hazardous waste disposal, solid waste

disposal, sewage treatment and water supply) the regional agency

or agencies should have limited authority. These regional

agencies should not compete with local government's utilities.

The regional agencies should complement and assist local

government's efforts. The regional agencies should be non-profit

and work through local governments. In essence, the regional

agencies should be wholesalers and not retailers.

The Structure

1. All land use and water management regulatory

programs shall be placed in one state agency. All land and water

related service programs shall be placed in a separate state

agency.

2. The boundary of the five water management districts

shall be redrawn following county lines.


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3. All regional agencies charged with either land use

and water management regulatory programs or land and water

related service programs, shall be "nested" within each of the

water management districts.

4. The state agencies (the regulatory unit and the

service unit) shall implement the policies established by the

Legislature and delegate appropriate responsibilities to the

regional agencies.

5. When there are conflicts between the regulatory

agencies and the service agencies, provision shall be made for an

appeal to the Governor and Cabinet sitting as the Land and Water

Adjudicatory Commission.

6. Funding for the state and regional regulatory

agencies should come from general revenues and application fees.

Funding for the service agencies shall come primarily from the

revenues generated by the services provided. However, especially

during the early years, provision should be made for funding the

planning and early years of operation. The state service agency

will be primarily a planning agency, so it would be appropriate

for all planning funds to come from general revenue.

7. Both the regulatory and service agencies will

require planners. Planning will be done by both. In the event

of conflicting plans, the Land and Water Adjudicatory Commission

will be the final decision maker.







"-' : '*.y L-
STATE WATER SUPPLY

PART I

STATE DEPARTMENT OF WATER SUPPLY


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:

Section 1. SHORT TITLE

This chapter shall be known as the State Water Supply

and Assistance Act.

Section 2. FINDINGS OF THE LEGISLATURE

The Legislature of the State of Florida hereby finds

the following:

(1) Because of this state's ever increasing population.

and resulting increase in demand upon this state's water re-

sources for human consumption, agriculture, industry and

domestic use, there is an'urgent need to establish a State

Department of Water Supply to assist municipalities, counties,

and other governmental entities in obtaining an' adequate,

abundant, and dependable water supply.

(2) Although water is one of this state's abundant

resources, it is not always located in proximity to Florida's

Growing population centers. This factor, together with periodic

drought in certain areas of the state, requires the establishment

of a non-political professional state organization to locate

and establish abundant potable water sources for use by all

of the people of this state.

(3) The magnitude and location of Florida's water

supplies requires development upon a larger scale than local

governmental entities can feasibly finance. Therefore, because

of the principle of economy of scale, state participation in

development of Florida's water sources is mandatory if state

shortages of water are to be avoided in the future due to the

lack of development of the adequate sources which exist within

the state.









(4) Water is a state resource which belongs to all

of the people of the state. It is therefore the duty and obli-

gation of the state government to insure that proper planning
and development of this resource upon a statewide basis is

coordinated through one state agency responsible for the

supply of water to all areas of the state so that full bene-
ficial use of this resource 'tan be realized.

Section 3. DEFINITIONS '

When appearing in this chapter, the following words
shall, unless the context clearly indicates otherwise, mean:

(1) "Department" means the Department of Water

Supply of the State of Florida.

(2) "Board" means the Water Supply Board which adminis-
ters the Department of Water Supply of the State of Florida,

(3) "Reasonable Beneficial Use" means the use of
water in such quantity as is necessary for economic and efficient

utilization for a purpose and in a manner which is both reason-

able and consistent with the public interest which is further

identically defined in F.S. 373.019(4).

.(4) "Water" means any and all water on or beneath

the surface of the ground, including natural or artificial

water courses, lakes, ponds or diffused surface water and water

percolating, standing or flowing beneath the surface of the

ground, which is capable of being utilized as potable water

for human consumption, agricultural, industrial and domestic

use.

(5) "Ground Water" means water beneath the surface

of the ground, whether or not flowing through known or definite

channels.

(6) "Surface Water" means water upon the surface of

the earth, whether contained in bounds created naturally or

artificially or diffused.


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(7) "Watershed" means that geographical and hydro-
logical area consisting of a Water Management District as

defined and described in Chapter 373, Fla.Stat.

(8) "Water supply" means in general the sources of
water for public and private use.

(9) "Water Supply Source" means a stream, lake,
Spring or aquifer from which a supply of water can be..obtained.

Section 4. CREATION OF'STATE DEPARTMENT OF WATER SUPPLY

There is hereby created the Department of Water Supply
of the State of Florida which shall come into existence at

12:00 P.M., June 1, 1983.

Section 5. WATER SUPPLY BOARD

The State Department of Water Supply shall be adminis-

tered by a Water Supply Board composed of hre) qualified

engineers appointed by the Governor and confirmed by the advice

and consent of the House of Representatives and.the Senate.

The Governor shall appoint only members to the Board who apply

for such positions and are certified as qualified by the

American Waterworks Association headquartered in Denver,

Colorado, or such other certifying organization as the Legislature

may from time to time prescribe. All appointees to the Board

shall'have been found to have: been licensed in the State of

Florida as an engineer for at least five years before appoint-

ment; experience in water production for at least five years

before appointment; geological knowledge and expertise with

Florida's aquifer systems; experience in administration of water

supply facilities.
Section 6. TERMS OF OFFICE OF WATER SUPPLY BOARD

(1) The members of the Water Supply Board shall hold

V office upon a permanent basis and shall serve until voluntary

retirement, mandatory retirement at age 70, or removal by im-

peachment by the House of Representatives and trial by the

Senate. Each member shall serve until his successor is appointed
and has qualified unless the member has been impeached.



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(2) Each member is an officer of the state as that

term is used in the Constitution.

(3) Each member shall serve on a full time basis and
shall assume his duties upon taking an appropriate oath of

office.

(4) Each member shall be paid a salary set by the

Legislature with the approval of the Governor. In addition,

each member shall be entitled to receive payment for necessary

travel expenses.

Section 7. EXECUTIVE DIRECTOR

(1) The Water Supply Board shall employ an Executive
Director to serve at the will of the Board.

(2) The Executive Director is the Chief Administrative
Officer of the Water Supply Board.

(3) The Executive Director shall be entitled to re-

ceive an annual salary as set by the Water Supply Board.

(4) No Executive Director shall be approved by the
Water Supply Board unless he meets the minimum qualifications

established in Section 5, Part I, of this act.

(5) The Executive Director shall employ the full time
and part time employees, including engineers, hydrologists,

geologists and other specialists with expertise in the field

of water supply development and administration that the Water

Supply Board decides are necessary to assist the Department in

carrying out its powers, duties and functions under this chapter.

Section 8. OFFICE LOCATION

The Department of Water Supply shall maintain its
official offices in Tallahassee, Florida. The establishment

of office space with necessary furniture and supplies shall be

provided from funds allocated for this purpose by the Legislature

Additional branch offices may be established by the Department

with approval of the Legislature.


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Section 9. ADMINISTRATIVE ORGANIZATION

The Department of Water Supply shall be a state adminis-
trative agency governed by Chapter 120, Fla.Stat. The Depart-

ment may organize and reorganize its administrative divisions

and services to achieve administrative efficiency.

Section 10. OFFICERS; MEETINGS

(1) The Governor shall designate the Chairman of
the Water Supply Board who shall be one of the three appointees

to the Board. He shall serve as Chairman until the Governor

designates a different Chairman.

(2) The Chairman may designate another Board member
to act for him in his absence.

(3) The Chairman shall'preside at the meetings of the
Water Supply Board.

(4) The Water Supply Board shall hold regular meetings
at least once per week at the time specified by the Chairman

at the regular offices of the Department. The Board may hold

regular or special meetings at the times and places within the

state that the Board decides are appropriate for the performance

of its duties. The Chairman or Acting Chairman shall give the"

other members reasonable notice before holding a special meeting.

(5) A majority of the Board is a quorum.

(6) The Chairman shall issue notice of public hearings
held under authority granted the Board pursuant to law.

Section 11. LEGAL SERVICES

The Water Supply Board shall -hire its own attorney to

act as its legal advisor. The Board may also hire other legal

staff as it deems necessary to carryout its duties and obliga-

tions under this chapter. The principal attorney retained by

the Board shall represent the Board in all legal matters and

litigation in which the Board or Department is a party.


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PART II

POWERS AND DUTIES OF STATE DEPARTMENT OF WATER SUPPLY

Section 1. SCOPE OF SUBCHAPTER

The powers and duties enumerated in this subchapter-

are the general powers and duties of the State:Department of

Water Supply and Water Supply Board and those incidental to

conducting of its business. The Department or Board has other

specific powers and duties as prescribed in other sections-of

this chapter.

Section 2. REPORTS TO GOVERNOR AND LEGISLATURE

The Water Supply Board shall make an annual report to
the Governor and Legislature at least sixty days prior to the

commencement of the annual regular session of the Legislature.

The Board shall include in each report:

(1) The status of water supply in the state.

(2) The progress made by the Board in the past year.

(3) The existence of any water shortage or potential
water shortage found by the Board to exist or to be threatened

in any area of the state.

(4) Recommended water supply projects which should be
undertaken and financed by the state.

(5) Recommended purchase or acquisition of any lands.
within the state needed to be purchased for water supply or

protection of water supply.

(6) The progress being made towards the finalization
of a statewide water supply plan mandated by the Legislature.

(7) Contain data and statistics on the Department's
activities for the past year.

(8) Provide recommendations for construction of state
water supply aqueducts or water supply transmission lines
found by the Board to be necessary for state water supply.

(9) Suggestions for amending existing laws effecting
state water supply.


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(10) Suggestions for new laws that should be enacted

involving state water supply.

(11) The results of any surveys, studies and investi-
gations carried out by the Department in the preceding year.

Section 3. POWERS AND DUTIES

In performance of, and in conjunction with, its other

powers and duties, the Water Supply Board, pursuant to this

chapter:

(1) Shall assist.any municipality, county, Water

Supply Authority or any other governmental entity.of this
state in supplementing its water supply by selling to such

entity water in such quantities as is necessary to insure an

adequate and dependable water supply to all areas of the state.

(2) Shall acquire land, water and water rights;
develop, store and transport water; provide, sell and deliver

water to municipalities, counties, Water Authorities or other

governmental entities who sell or provide water for public,

agricultural, industrial or other domestic use.

(3) Enter into contracts for sale of water and water
services upon terms and conditions and at rates and charges

established by the Board which will proportion an equitable

share of the capital cost and operating expense of the Depart-

ment equitably to the purchaser of water from the Department.

(4) Shall not engage in local distribution.

(5) Exercise the power of eminent domainn in the manner
provided by law for the condemnation of private property for

public use to acquire title to such interest in real property

as is necessary to the exercise of the powers herein granted,

except water and water rights already devoted to reasonable

and beneficial use for any water production or transmission

facilities owned by any municipality, county, Water Authority

or other governmental entity supplying water to the people of

the state of Florida.


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(6) May acquire by purchase or power of eminent
domain any and all lands within the state for aqueduct

or transmission lines necessary to supply supplemental water

under the powers herein granted.

(7) Shall, while developing the necessary water
supplies, protect the environment of the state by instituting

wherever possible procedures and available technology to fully.

protect the water resources of this state.

(8) Shall plan for supplementing Florida's water supply
needs in the future by use of surveys, studies -and investigations

in order to ascertain the character and need of the watershed

areas of the state for beneficial use of water to the end that

distribution of water throughout the state may be accomplished

without any watershed area experiencing a water shortage.

(9) Shall determine, locate, and inventory all major
water sources available within the state-which are capable of

water production to meet the anticipated future water needs of

the state by use of surveys, studies-and investigations. In

carrying out its duties under this subsection, the Department:

shall seek and utilize all hydrologic information gathered by

any state or federal agency to the end that cost of a statewide

inventory of water shall be minimized; provided however, in

compiling the inventory, the Department shall establish standard--

ized investigation criteria so that data used in the inventory

shall be reliable and serve as a sound scientific foundation

upon which the Board can rely in carrying out its powers and

duties under this chapter.

(10) Shall, whenever necessary, obtain Consumptive

Use Permits from the appropriate Water Management District in

developing a source for supplemental state water supply.

(11) Shall assist in.maximizing the economic develop-
ment of the water resources within the various watersheds of
the state.


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(12) May join with any other agency of the state or

with any municipality, county, Water Authority, or other govern-

mental entity supplying water to the people of the state in any

project for the development of a water supply system.

(13) May utilize any state or state agency owned land

for water source, treatment or transmission purposes provided

such use is not repugnant to its existing use and can be

utilized without substantially impairing the environment of

the land. The state hereby consents to the use and occupation

of any real property now or hereafter owned by it necessary'for-

the construction, operation or maintenance of any water pro-

dUction project of the Department including land of the state

lying beneath any navigable waters of the state.

(14) May utilize any ground water or surface water

within the state for water supply purposes.

(15) Shall operate all water supply facilities in com-

pliance with all applicable laws and shall produce water

strictly in compliance with all applicable legally established

water quality standards.
(16) May sue and be sued in its own name.

(17) Borrow money and incur indebtednesses and issue

bonds.or other evidence of indebtedness.
Section 4. PRIOR RIGHT TO WATERSHED WATER; SOURCE OF
ORIGIN "

In the construction or operation by the Department of

any project for the supply of water under this chapter, a water-

shed wherein water originates shall not be deprived by the

Department directly or indirectly of the prior right to all of

the water reasonably required to adequately supply the bene-

ficial needs of the watershed area or any of the inhabitants

or property owners therein provided that all known sources of
available water in the watershed which can be reasonably and

economically developed have been exhausted.


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Section 5. RULE-MAKING

The Water Supply Board shall adopt reasonable rules

relating to the conduct of its affairs including rules des-

cribing the provisions to be followed in a Board hearing or

in any other administrative matter pursuant to law and Chapter

120, Fla.Stat.

Section 6. STATE WATER SUPPLY PLAN

The Department shall submit to the Governor and Legis-

lature sixty days prior to the regular legislative session in

the year 1993 a State Water Supply Plan. The plan shall include:

(1) All existing and forecast future water needs'of
all watershed areas in the state.

(2) A specific and detailed plan for meeting existing
and forecast future water needs of all watershed areas in the

state which will prevent any water shortage from occurring

throughout the state.

(3) An inventory of all existing unused major sources
of water in the state and an orderly scientific plan for

development of such major sources of water consistent with

preservation of Florida's environment.

(4) A recommendation for the purchase of lands
throughout the state which must be purchased and/or preserved

in order to safeguard Florida's water supply.

(5) If necessary, an orderly and scientific plan for
the allocation of water between consumers in the state.

Section 7. RATIFICATION AND APPROVAL OF STATE WATER
SUPPLY PLAN

Upon submission of the State Water Supply Plan by the
Department, the Legislature shall pass an act approving, modi-

fying, or amending the plan-thereby establishing as law and

policy of the State of Florida a State Water Supply Plan for

the use and protection of present and future citizens of the

state.


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Section 8. PURCHASE OF LAID AND COMMENCEMENT OF
DEPARTMENT PROJECTS

When in the opinion of the Water Supply Board certain

lands within the state should be purchased for water source,.

treatment or transmission purposes or a Department project for

development of water supplies and services should be commenced,

the Department may annually submit a request to the Legislature

for authorization of the purchase of lands and/or the commencemer

of water production projects. If approved, the funds necessary

for such purchases and/or projects shall be allocated by the

Legislature as part of the Department's authorized budget.

This section shall not apply to lands' purchased or projects

commenced where funded by the Department through other available

financing methods such as revenue bonds as authorized by Part II7

of this chapter.

PART III

FINANCE

Section 1. DEPARTMENT BUDGET REQUESTS

The Water Supply Board shall within the time required

by law submit annually to the Legislature a Department 'budget

which the Legislature shall utilize in appropriating sufficient

funds from the general revenues of the state to finance the

general, administrative and development costs of the Department.

All sums requested to be appropriated by the Legislature shall

be in addition to any revenues obtained by the Department from

revenue bonds and other authorized indebtednesses of the Depart-

ment. All budget requests shall include-an accounting of all

funds raised and spent by alternative authorized financing.

Upon submission of the Department's budget, the Legislature -

shall appropriate such funds as it deems necessary for financing

the Department.


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Section 2. EXPENSES OF THE DEPARTMENT

If it should appear necessary to procure funds with

which to pay the expenses of the Department or to meet

emergencies, before a sufficient source can be obtained to

defray necessary costs and expenses, the Water Supply Board

may borrow a sufficient amount of money to pay expenses and

to meet emergencies and may issue interest bearing negotiable

notes therefore. Such interest bearing negotiable notes may

be issued to any person performing work or services or pro-

viding anything of value to the Department.

Section 3. REVENUE BONDS

The Department is authorized to issue revenue bonds

in the manner prescribed by the Revenue Bond Act of 1953,

as amended, Part I, Chapter 129, to be payable solely from

funds derived from the sale of water by the Department to any

municipality, county, Water Authority or other governmental

entity supplying water to the people of the state. For the

purpose of issuing revenue bonds, the Department shall be

classified as a "unit" as defined by s. 159.02(2) and as that

term is used in the Revenue Bond Act of 1953, as amended.

Such bonds may be issued to finance the cost of acquiring

properties and facilities for the production and transmission

of water by the Department:to any municipality, county, Water

Authority or other governmental entity selling water to the

people of this state. The cost of acquiring real property

and easements may be included as costs in determining the

amount of such bonds.

Section 4. WATER RESOURCES DEVELOPMENT BONDS

In the event the Water Supply Board shall submit to

the Legislature a proposal to purchase land or commence a

project for water supply purposes under Section 8, Part II,

of this act, and the Legislature shall approve such purchases

and/or projects and shall determine not to fund such purchases


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'C


and/or projects from the general revenue of the state, the

Department is authorized to issue water resource development

bonds in the amount approved by the Legislature.for such pur-

poses and/or projects. All bonds authorized, when sold and

delivered, shall constitute valid and legally binding general

obligations of the State of Florida, and the full faith and

credit of the State of Flor'ida is hereby pledged for the

punctual payment of both principal and interest thereof." The

Water Supply Board shall set and establish the dates of marketing

and principal and interest payments within the requirements-of

issuance of state bonds as then provided by law.

Section 5. PAYMENT OF INTEREST AND PRINCIPAL OF
WATER RESOURCES DEVELOPMENT BONDS
The ways and means for the payment of principal and
interest on water resource development bonds shall be as

follows:

(1) All sums, if any, collected by the Department,
exclusive of administrative costs, from the purchased land

and/or project shall be placed-in a sinking fund by the Water

Supply Board and invested at the maximum interest available
in securities of the United States Government. Such funds

shall be exclusively earmarked for contribution toward payment:

of principal and interest on the water resource development

bond issued to fund the particular purchase and/or project

for which the bonds were issued. Any surplus revenues not

required for payment of principal and interest of such bonds

shall be paid into the-general fund of the Department.

(2) There shall be collected annually in the same
manner and at the same time as other state revenues such a

sum, in addition to the ordinary revenues of the state, as
shall be required to pay the-principal and interest on said

bonds as herein provided, and it is hereby made the duty of

all officers charged by law with any duty in regard to the

collection of said revenues, to do and perform each and every

act which shall be necessary to collect such additional sums.


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(3) There is hereby appropriated from the general

funds in the state treasury such sums of money as will be

necessary to pay the principal and the interest on the bonds

delivered and sold pursuant to the provisions of this chapter

as principal and interest becomes due and payable. The

Department of Banking and Finance is hereby directed to pay

from such general fund all sums due and payable as required

and prescribed in the bonds issued under this chapter.

Section 6. REFUNDING BONDS

The Water Supply Board shall have authority to issue

refunding bonds to take up any outstanding revenue bonds or

water resources development bonds falling due or becoming

payable, when, in the judgment of said Board, it shall be in

the best interest of the Department to do so. If refunding

bonds are issued to pay water resources development bonds,

then the state procedure required by Section 3 and 4, Part III,

of the chapter, shall be followed with the exception that

approval of the Legislature for issuance of such refunding

bonds shall not be required. The Board is hereby authorized

and empowered to issue refunding bonds to take up and refund

all bonds of the Department outstanding that are subject to call

and termination and all bonds of said Department that are not

subject to call or redemption, when surrender of said bonds

can be procured from the holder thereof at prices satisfactory

to the Board. Such refunding bonds may be issued at any time

when, in the judgment-of the Board, it will be to the interest

of the Department financially or economically by securing a

lower rate. of interest on said bonds or by extending the time

of said bonds, or for any other reason in the judgment of said

Board which may require issuance of such refunding bonds. The

Board shall establish the interest rate and time of payment of

the refunding bonds.


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Section 7. AUDIT BY ATTORNEY GENERAL

At the discretion of the Governor, audit of the

Department accounts may be made from time to time by the

Auditor General of the state. A copy of any audit shall be

furnished the Governor, President of the Senate, Speaker of

the House of Representatives, and all members of the Water

Supply Board. The expenses for such audit shall be paid by

the Department upon a statement being submitted to the Board

by the Auditor General. Payment of the amount of the statement

shall be made to the State Department of Banking and Finance

to be entered in and'to reimburse the account of the Auditor

General so as not to reduce the legislative appropriation for

the Audit6r General.

Section 8. EFFECTIVE DATE

This act shall become effective upon becoming a law.


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