p -l -- --- -- -- -- -- --- ___--- .
STATE WATER SUPPLY AUTHORITY
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
Section 1. FINDINGS OF THE LEGISLATURE
The Legislature of the State of Florida hereby finds
(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
(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
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
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,
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
(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
(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 .-- .- -
3 ^ _. ._ .; ~~t .- -.'
(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
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
(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
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
(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
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
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
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.