Title: Draft Legislative Concepts - Florida Water Plan and District Water Management Plans
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004375/00001
 Material Information
Title: Draft Legislative Concepts - Florida Water Plan and District Water Management Plans
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Draft Legislative Concepts - Florida Water Plan and District Water Management Plans (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 17
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004375
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
* iUG-1--i 1? 09: ,3 ;-F;i! i tTEFWc':EF't.iF'.RC lh1S TO 32206t66 P. OR





DRAFT LEGISLATIVE CONCEPTS
FLORIDA WATER PLAN AND DISTRICT WATER MANAGEMENT PLANS
August 17, 1994


1. Florida Water Plan (FWP)

A. The Department of Environmental Protection (DEP) shall prepare the
FWP jointly with the water management districts (WMDs), with the
participation of other governmental entities and the public. The FWP will
be approved by the department and will guide the department and the
WMDs in the management of Florida's water resources. The
development and revision of the plan will be a continuous process of
identification, communication, and examination of water resource issues.
The FWP should provide statewide planning and regional
implementation. The guiding principles in developing the plan should be
that:

1. Water resources must be managed to meet the water needs of
people while maintaining, protecting, and improving the state's
natural systems.

2. Effective management of water resources requires collaboration
and cooperation among all affected parties.

B. The FWP should also help guide the state's growth management process
in conjunction with the State Land Development Plan (SLDP) and the
Florida Transportation Plan (FTP).

1. These three plans should be compatible with each other, as
should the rule-adopted portions of the plans, and consistent with
the State Comprehensive Plan, all as determined by the Office of
the Governor. There should be a process within the Office of the
Governor to avoid or resolve inconsistencies or incompatibilities
between plans, including cross-agency comment and public
hearings, before finalization of plans. There would be an appeal
to the Administration Commission available for challenging
determinations of consistency or inconsistency.

2. As with the FWP (see E. below), portions of the SLDP and the
FTP which are to be binding on other parties should be adopted
by rule.










3. Within three years of the effective date of the latest rule-adopted
portion of the SLDP or FWP (or of the latest finding of consistency
by the Office of the Governor??) DCA, DEP, and the Office of the
Governor shall jointly prepare a consolidated Land and Water
Plan. This needs further discussion.

C. Drawing from the relevant portions of the District Water Management
Plans, the FWP should include, at a minimum:

1. A twenty-year planning horizon, including policies; goals; the
identification of resource management issues; implementation
strategies, short- and long-term schedules, and benchmarks.
These should address the following areas of responsibility:

a. Water supply, including needs and sources as well as
source protection.

b. Flood protection, including flood protection facilities and
floodplain management.

c. Water quality for surface and ground water.

d. Natural Systems protection, including ecosystem
management and minimum flows and levels.

2. The narrative identification of priority water resources scheduled
for restoration or improvement or which require protection,
restoration, or improvement. This list must be qualified as not
being exhaustive, but merely a current inventory which will change
as other water resources are scheduled or otherwise identified for
restoration, improvement, or protection. To maintain flexibility and
avoid legal misinterpretations, the list should not be adopted by
rule, although it may include resources that are already
geographically defined by rule.

3. Methods for assessing the effectiveness of implementation of the
FWP.

4. Procedures for intergovernmental coordination and public
participation in plan development.

5. Chapter 17-40, F.A.C., State Water Policy.

E. Plan adoption and rules




SL-22-194 '3: 07: FRO I NTERGO'UERNPROGRMS TO ?9220666 P. 04





1. In addition to informal participation by other parties in the
development of the FWP, the department should be required to
hold at least one public hearing on the plan pursuant to the
timelines for rulemaking in chapter 120.

2. The department should be required, after the determinations of
consistency and compatibility of the FWP with the other state-level
plans are final, to adopt by rule those portions of the FWP which it
intends to have a binding effect on any other governmental entity
or person.

a. At a minimum, the policies in the plan should be adopted by
rule.

b. Schedules which are specific to DEP activities could also
be considered by the task force for rule adoption, but this
needs to be discussed in the context of how it might affect
agency budgeting.

F. The department, jointly with the WMDs, shall evaluate plan priorities and
update the plan annually, with the participation of other governmental
entities and the public. Before any plan modifications, the department
shall hold a public hearing.


II. District Water Management Plans (DWMPs)

A. Each district shall develop and each district governing board shall
approve a District Water Management Plan for the management of
regional water resources. In addition to informal participation by other
parties in the development of the DWMPs, each district should be
required to hold public workshops on its plan.

1. After governing board approval of a DWMP, DEP shall review the
DWMP and determine whether it is consistent with the State
Comprehensive Plan and the Florida Water Plan. (During
development of a DWMP, the department and districts should
work together to ensure consistency.) The SWIM plan approval
process is a possible model for the formal consistency
determinations. For instance, under specified timelines, the
department receives the accepted or approved plan and submits a
determination of consistency to the governing board.










a. If the department finds the plan inconsistent, the governing
board either incorporates the department's recommended
changes or states in the plan the reasons for not adopting
the changes. This constitutes final agency action, subject
to review under s. 373.114, F.S. This review should be
limited to the issue of consistency.

b. If the department finds the plan consistent, its determination
should be appealable under s. 373.114. This review should
be limited to the issue of consistency.

2. NOTE: In the same process of reviewing a DWMP for
consistency with the SCP and the FWP, the department could
review the DWMP for compatibility with the SLDP and the FTP.
However, this presents other questions, such as whether a DWMP
should be subordinate to the FTP or whether there should be
some resolution process which might result in changing the FTP.
AT THE MOST RECENT MEETING OF THE TASK FORCE
EXECUTIVE COMMITTEE, THE PREMISE WAS GENERALLY
ACCEPTED THAT IF THE FWP, FTP, AND SLDP ARE ALL
COMPATIBLE WITH EACH OTHER, THE DWMPS WOULD END
UP BEING COMPATIBLE WITH THE FTP AND THE SLDP,
ASSUMING THAT THE CRITICAL ELEMENTS OF THE DWMPS
ARE CONTAINED IN THE FWP.

B. At a minimum, each DWMP shall include, for its region:

1. A twenty-year planning horizon, including policies; goals; the
identification of resource management issues; implementation
strategies, short- and long-term schedules, and benchmarks.
These should address the following areas of responsibility:

a. Water supply, including needs and sources as well as
source protection.

b. Flood protection, including flood protection facilities and
floodplain management.

c. Water quality for surface and ground water.

d. Natural Systems protection, including ecosystem
management and minimum flows and levels.





I; t TERGOIUERI PROGRAMS TO


99220666 P.06


2. The narrative identification of priority water resources scheduled
for restoration or improvement or which require protection,
restoration, or improvement. This list must be qualified as not
being exhaustive, but merely a current inventory which will change
as other water resources are scheduled or otherwise identified for
restoration, improvement, or protection. To maintain flexibility and
avoid legal misinterpretations, the list should not be adopted by
rule, although it may include resources that are already
geographically defined by rule.

3. Methods for assessing the effectiveness of plan implementation.

4. Procedures for intergovernmental coordination and public
participation in plan development.

C. Each district should be required, after the DWMP is final (having gone
through consistency review and challenges, if any), to adopt by rule
those portions of the plan which it intends to have a binding effect on
any other governmental entity or person. Applicable district rules existing
at the time a DWMP is final should be required to be amended to be
consistent with the rule-adopted portions of the plan within one year of
each portion's adoption.

1. At a minimum, the policies in the plan should be required by
statute to be adopted by rule. They could be incorporated into
appropriate existing rules.

2. Other possible elements for required rule adoption are:

a. Implementation schedules. This requires further discussion
because of concerns over the potential budget impacts of
adopting these schedules by rule.

b. Water supply planning determinations, including
determination of water availability from specified sources
and criteria for allocation of limited supplies.

D. Each district shall assess its DWMP's effectiveness, evaluate plan
priorities, and update its plan at least every five years, with the
participation of other governmental entities and the public. Before any
modifications to its DWMP, the district shall hold a public hearing.

Iii. Strategic Regional Policy Plans (SRPPs)


09:0:3 FROMl




H Uu-_- 4 U]3:'3 Cr OM iN7TEiPG4Ci'ER FCGRAMS


'?':20666 P.0?


A. SRPPs shall be consistent with the State Comprehensive Plan and the
SLDP as determined through the SRPP review conducted by the Office
of the Governor. This consistency would provide the linkage to the other
state-level plans, which are required to be compatible with each other.

B. SRPPs also shall be compatible with the rule-adopted portions of the
relevant DWMPs and with any relevant Regional Water Supply Plans, as
determined through the SRPP review conducted by the Office of the
Governor.

C. Where an SRPP is inconsistent or incompatible and this cannot be
informally resolved, there should be available to any appropriate
governmental entity (DCA, DEP, WMDs, RPCs, local government, the
Office of the Governor) or any substantially affected person an appeal to
the Administration Commission.

IV. Regional Water Supply Plans (RWSPs)

A. All regional water supply authorities shall adopt by rule Regional Water
Supply Plans or portions of the plans, if the entire plan is not appropriate
for adoption. These plans shall be consistent with the SCP, State Water
Policy, and the FWP and compatible (or consistent?) with the rule-
adopted portions of the relevant DWMPs.

B.. DEP shall review all RWSPs for consistency or compatibility with the
relevant plans. If DEP determines a RWSP to be inconsistent or
incompatible and cannot informally resolve such a finding with the
regional water supply authority, there should be available to DEP, and
any substantially affected person, an appeal to the Florida Land and
Water Adjudicatory Commission.

C. At least every five years, a regional water supply authority shall prepare
an evaluation and appraisal report on its RWSP, assessing the
successes and failures of the plan; addressing changes to the SCP and
other plans with which it must be consistent or compatible; and preparing
and adopting by rule amendments, revisions, or updates to the plan as
needed.

V. Local Government Comprehensive Plans (LGCPs)

A. LGCPs shall be compatible with the rule-adopted portions of the Florida
Water Plan, as determined by DCA as part of the existing chapter 163
compliance process. Incompatibility shall not be the sole basis for a
DCA finding that a LGCP is not in compliance. (Should the compatibility




* -.- -- -* _3_1: -E-t A3FIj.i.


*?3220666 P.08


requirement extend to the rule-adopted portions of the DWMP or does
compatibility with the FWP imply compatibility with the DWMP?
Alternatively, should the compatibility requirement apply only to the
DWMP?)

B. The LGCP of a local government that is a member of a regional water
supply authority shall be compatible with that authority's RWSP, as
determined by (DCA?).

VI. Technical Assistance

A. Each WMD, in coordination with DEP, shall submit an advisory report to
each regional planning council within its jurisdiction to assist in the
preparation of Strategic Regional Policy Plans. The reports shall include:

1. Recommended identifications (maps) of natural resources of
regional significance related to water resources

2. Water supply information regarding: facilities, identification of
water resource caution areas, and recommended standards for
water supply development.

3. Recommended policies for protecting the resources identified in a.
and recommended policies to promote conservation, protect
aquifer recharge areas, etc.

B. Local Government Technical Assistance

1. The WMDs shall provide technical assistance to local
governments, including the information required in ss. 373.0391
and 373.0395, F.S. This information shall not be construed as a
rule and shall be provided in an understandable format and in time
for local governments to use the information in the development or
revision of their LGCPs. (These sections should be examined for
updating and consolidation in light of recent advances in water
resources information.)

2. Each WMD should assist local governments with interpreting and
applying the technical information submitted to them.



Issues for general discussion and resolution:




" -" E I c .rR' r-.r-i i To


?'?22066 P. 09


o Definition of "substantially affected person." Should this be standard throughout
or depend on what the appeal entity is? Should 373.114 or chapter 120 be the
standard?

o Minimum elements of plans to be adopted by rule.

o How to keep the consistency/compatibility requirements between plans as
simple and effective as possible.

o How far to go with statutorily linking land use decisions or considerations to the
availability of raw water and to the development of alternative sources. For
instance, should the Florida Water Plan and DWMPs contain recommended
policies and standards for future development with regard to raw water
availability or development of alternative sources?

o Are non-rule-adopted portions of plans to be specifically not subject to
challenge except with respect to determinations of consistency or compatibility?

o What provisions, if any, of 373.036, F.S., to delete or revise. This section
should be examined for updating, but care should be taken not to eliminate
provisions which are the basis for agency rules or actions. Legal counsel at the
water management districts and DEP will be consulted on this issue.
























8


c




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs