Title: State Water Supply Authority, Part VI
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 Material Information
Title: State Water Supply Authority, Part VI
Physical Description: Book
Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - State Water Supply Authority, Part VI (JDV Box 86)
General Note: Box 22, Folder 4 ( Court Cases in The State Of Florida - 1982 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004483
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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DRAFT

PART VI

STATE WATER SUPPLY AUTHORITY


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF

FLORIDA:

Section 1. FINDINGS OF THE LEGISLATURE

The Legislature of the State of Florida hereby finds

the following:

(1) Water and its related resources are state assets

vested with local and state interests.

(2) The conservation, utilization, development,

management and control of the water and related resources of the

state under a comprehensive water use plan will bring the

greatest benefits and produce the most efficient service in the

public welfare.

(3) The water resources of the state are affected with

a local, regional and state interest and their planning,

conservation, utilization, development, management and control

are public purposes.

(4) The water resources of the state, if properly

planned and utilized, are ample to meet projected demands and

ever increasing economies and efficiencies in the use and reuse

of water resources can be brought about by comprehensive

planning, programming and management.

(5) Because of this state's ever increasing population

and resulting increase in demand upon this state's water

resources for human consumption, agriculture, industry and

domestic use, there is an urgent need to establish a Water Supply

Authority within the State Department of Environmental Regulation

to assist municipalities, counties, and other governmental

entities in obtaining an adequate and dependable water supply.

(6) 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


fMi










of a professional state entity to locate and establish abundant

potable water sources for use by all of the people of this state.

(7) 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 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.

It is therefore the duty and obligation of state government to

ensure 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 beneficial use of this resource can be realized.

Section 2. DEFINITIONS

When appearing in this part, the following words shall,

unless the context clearly indicates otherwise, mean:

(1) "Authority" or "Corporation" means The Water

Supply Authority of the State of Florida.

(2) "Watershed" means that geographical and

hydrological area consisting of a Water Management District as

defined and described in this chapter.

(3) "Water Supply" means in general the sources of

water for public and private use.

(4) "Water Supply Source" means a stream, lake, spring

or aquifer from which a supply of water can be obtained.

Section 3. WATER SUPPLY AUTHORITY, CREATION; SHORT

TITLE

There is hereby created a body corporate, with the name

"The Water Supply Authority of the State of Florida," (herein

called the corporation), which shall operate under the

supervision of the Department of Environmental Regulation. The

principal office of the corporation shall be in Tallahassee,

Florida. Necessary branch offices may be established at such

places and under such rules and regulations as the board of

directors may prescribe. The corporation shall be a state










administrative agency subject to the provisions of Chapter 120,

Florida Statutes.

Section 4. BOARD OF DIRECTORS ; --

(1) The management of the corporation shall be vested

in a board of directors composed of five members appointed by the

Governor and subject to confirmation by the Senate at the next

regular session of the Legislature. Refusal or failure of the

Senate to confirm an appointment shall create a vacancy in the

office to which the appointment is made. Each member shall be a

resident of the state. One member shall reside within the

geographical boundaries of each of the five water management

districts. Each member shall be licensed in the State of Florida

as an engineer for at least five years before appointment, have

geological knowledge and expertise in Florida's aquifer systems

and experience in administration of water supply facilities.

(2) Each member shall serve for a term of five years

and shall be eligible for reappointment for only one additional

term, except that:

(a) the terms of the members first appointed

shall expire, as designated by the Governor, one at the end of

one year, one at the end of two years, one at the end of three

years, one at the end of four years, and one at the end of five

years, and

(b) any member appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed for the remainder of

that term.

(3) The member of the initial board who is appointed

for a five-year term shall serve as chairman for the first year.

Thereafter, members of the Board shall elect annually one of

their number as chairman. In the event of the absence or illness

of the chairman, the member of the Board with the longest tenure

shall act as temporary chairman.

(4) Each member shall be reimbursed for traveling and

other necessary expenses incurred in the performance of his

duties as a member .-- .- -


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(5) Regular meetings of the board shall be held-

monthly. Special meetings may be called by the chairman or at

the request of a majority-of the-board:- Three-(3) members in

attendance shall constitute a quorum.

(6) A complete record of the proceedings of the board

shall be made and such record shall be open to public inspection.

Section 5. EXECUTIVE DIRECTOR

The board of directors shall employ an executive

director as its chief administrative officer and set his

compensation. The executive director shall be an engineer

licensed to practice in Florida, experienced in the field of

water management or water supply and shall serve at the pleasure

of the board.

Section 6. GENERAL POWERS

The corporation shall have perpetual existence. It

shall have the power to make contracts; to lease, buy, acquire,

hold and dispose of real and personal property of every kind and

nature; to sue and be sued; to select, employ and dismiss at

pleasure such employees, attorneys, consultants and agents as

shall be necessary or expedient for the transaction of the

business of the corporation, to define their authority and

duties, and in the discretion of the board of directors to

require bonds of them and to fix the penalties thereof; to fix

the compensation of all employees, attorneys, consultants and

agents of the corporation; to prescribe, amend and repeal, by its

board of directors, bylaws, rules and regulations governing the

manner in which its business may be conducted and in which the

powers granted to it by law may be enjoyed including the

selection of a chairman and provision for such committees and the

functions thereof as the board of directors may deem necessary

for facilitating the business of the corporation. The board of

directors shall determine and prescribe the manner in which the

corporation's obligations shall be incurred and its expenses

allowed and paid. The corporation, by and with the consent of

any board, commission or department of the state, including any

field service thereof, may avail itself of the use of


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information, facilities, officers and employees thereof in

carrying out the provisions of this act.

Section 7.> SPECIAL POWERS AND DUTIES

In performance of, and in conjunction with, its other

powers and duties, the'Authority, pursuant to this chapter:

(1) Shall assist any municipality, county, Regional

Water Supply Authority or any other governmental entity of this

state 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, Regional 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 Authority which will proportionately assess an

equitable share of the capital cost and operating expense of the

Department equitably to the purchaser of water from the

Department. In establishing such rates, terms and conditions,

the Authority shall not be subject to the supervisory control or

regulation of any other state board or commission.

(4) Shall not engage in local distribution.

(5) Exercise the power of eminent domain 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, Regional Water

Authority or other governmental entity supply water to the people

of the State of Florida.

(6) May acquire by gift, purchase or power of eminent

domain any and all lands within the state for aqueduct or














(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, whenever necessary, obtain Consumptive Use

Permits from the appropriate Water Management District in

developing a source for supplemental state water supply.

(10) Shall assist in maximizing the economic

development of the water resources within the various watersheds

of the state.

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

with any municipality, county, Regional Water Authority, or other

governmental entity supplying water to the people of the state in

any project for the development of a water supply system.

(12) 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 production

project of the Authority including land of the state lying

beneath any navigable waters of the state.

(13) May utilize any ground water or surface water

within the state for water supply purposes.

(14) Shall operate any water supply facility owned or

controlled by in compliance with all applicable laws and shall


6









St
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produce water strictly in compliance with all applicable legally

established water quality standards.

(15) Shall be responsible for formulation-of the state -

water use plan described in Section 373.036. The plan shall be

developed and adopted by January 1, 1988. In this regard, all "

date heretofore developed by the Department in furtherance of its

responsibilities under Section 373.036 shall be furnished to the

Authority to facilitate formulation of the state water use plan.,

In furtherance of the obligation to cooperate, advise and assist

in formulation of the state water use plan. In furtherance of

the obligation to cooperate, advise and assist in formulation of,;

the state water use plan, the governing board of each water

management district shall supply to the Authority, not later than

January 1, 1987, the groundwater basin resource availability

inventory prescribed by Section 373.0395, for consideration by

the Authority in development of the state water use plan.

In addition to the considerations expressed in

Section 373.036, the state water use plan shall include:

(a) All existing and forecast future water needs

of all watershed areas in the state.

(b) A specific and detailed plan for meeting

existing and forecast future water needs of all watershed areas

in the state which will be calculated to prevent any water

shortage from occurring throughout the state.

(c) 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.

(d) 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.

(e) If necessary, an orderly and scientific plan'

for the allocation of water among consumers in the state.

(16) Shall annually adopt a water resources program,

based upon the state water use plan, consisting of the projects

and facilities which the board proposes to be undertaken by the-- -










board and by other authorized governmental and private agencies,

organizations and persons during the ensuring six years or such

other reasonably foreseeable period as jthe board' may determine.

The water resources program shall include a systematic

presentation of:

(a) the quality and quantity of water resources

needs for such period;

(b) the existing and proposed projects and

facilities required to satisfy such needs, including all public-

and private projects to be anticipated; and '

(c) a separate statement of the projects proposed.

to be undertaken by the board during such period.

Section 8. CONSUMPTIVE USE PERMITTING

Section 373.223(1), Florida Statutes is amended to add

a subsection (d) which shall read:


"(d) Is consistent with the state water
use plan and water resources program
adopted by the State Water Supply
Authority, as the same may be revised
from time to time."


Section 9. PRIOR RIGHT TO WATERSHED WATER; SOURCE OF

ORIGIN

In the construction or operation by the Authority of

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

watershed wherein water originates shall not be deprived by the

Authority directly or indirectly of the prior right to all of the

water reasonably required to adequately supply the beneficial needs

of the watershed area or any of the inhabitants or property

owners therein.

Section 10. OBLIGATIONS OF INDEBTEDNESS

The Authority 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 projects, works or systems of the Authority..

For the purpose of issuing revenue bonds, the Authority 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- -


8 L ._. -- ^1--_____tf-.. *"










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, Regional 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 11. COUNTY DONATIONS OF RIGHTS-OF-WAY

The several counties of the state through which, or

adjacent to the boundaries of which may pass the route for any

water transmission line, canal or aqueduct servicing any water

production system of the Authority, are hereby authorized to

donate to the corporation all necessary rights-of-way, or

portions thereof, together with other lands necessary or useful

in the acquisition, construction, maintenance and operation of

said water production system.

Section 12. EFFECTIVE DATE

This act shall become effective on July 1, 1983.


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