Title: New "Whereas" Clause on Executive Order No. 96-
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Permanent Link: http://ufdc.ufl.edu/WL00004551/00001
 Material Information
Title: New "Whereas" Clause on Executive Order No. 96-
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - New "Whereas" Clause on Executive Order No. 96- (JDV Box 90)
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004551
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
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Jake Varn

9-19-96 DRAFT 9-1 P Copy

e. / AY STATE OF FLORIDA

L 4 $1V,' OFFICE OF THE GOVERNOR



W .EREAS, Florida has an abundance of water resources and C

relate. natural systems, whose sustainability is vital tr, the t

econor.- c and environmental heal-' of the State; and J W
rC1l Qpor 5-73, FRoy)Ae '5h1W4lke, prblis 4ttat LuWak&5 rI
W.IEREAS, r' t I .. ... L. .
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......- "-" ... ..... uand that

water -ise must be managed both to protect Florida's rivers,

lakes, wetlands, aquifers, and coastal waters and to meet ;he

water supply needs of the public; and

SIEREAS, in certain areas of the state, withdrawals and

divers.ons from surface watercourses, aquifers, and surface:

water have caused harm to water re-.,urces and related natural

systems, emphasizing the need for adequate funding and prudent

development of water supplies within the context of coordinated

water .;upply and land use planning; and

WLEREAS, we must adequately inventory, manage, and c'.velop

our wai.er resources in a manner to ensure their sustainability

while providingg water for all reascnable-beneficial uses; and


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WHEREAS, Chapters 163, 373, 380, and 403, Florida Statutes,

and various other laws, provide ample authority and direction to

preserve and protect the waters of the state and to plan, manage,

and provide for their proper use consistent with the public

interest; and

WHEREAS, the Land Use and Water Planning Task Force and the

Water Management District Review Commission provided

recommendations regarding water resources issues, many of which

can be implemented under existing statutory authority; and




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NOW, THEREFORE, I LAWTON CHILES, Governor of the State of

Florida, by the powers vested in me by the Constitution and laws

of the State of Florida, do hereby promulgate the following

executive order, effective immediately:
3.
SfcL~tion Schedules for establishing minimum flows and

levels

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(1) To promote the establishment of minimum flows and

levels, as needed, throughout the state, the Department of

Environmental Protection (Department) is directed to work with

the Water Management Districts (Districts) to ensure that by

November 15, 1996, and annually thereafter, each District submits

to the Department a priority list and schedule for the

establishment of minimum flows and levels for surface

watercourses, aquifers, and surface waters within the District.

(2) The initial priority list and the updated priority

lists are to be based upon the importance of the waters to the

state or region and the existence of, or potential for,

significant harm as set forth in section 373.042(1), Florida

Statut-s.

(3) Special consideration is to be given to establishing

minimvu-? flows and levels for waters within designated water

resource caution areas.

(4) The Southwest Florida Water Management District shall

include on its initial priority list waters within the area

described in section 373.042(2), Florida Statutes.
4.
Setizn Establishment and Implementation of Minimum

Flows ind Levels

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The Department shall work with the Districts, providing

technical and staff assistance where possible, to help ensure

that the Districts:

(i) Complete the establishment of minimum flows and levels

for surface watercourses, aquifers, and surface waters on their

initial priority lists by the end of fiscal year 1999, except

that establishment of minimum flows and levels for waters within

the area described in section 373.042(2), Florida Statutes, is to

be cor-,leted pursuant to the time requirement in section

373.042(3), Florida Statutes.

(1) Base the establishment of minimum flows and levels on

scientific determinations of the sustainability of water

resources and related natural systems, using the best information

available.

"3) Re-evaluate minimum flows and levels periodically and

revise them when necessary.

(4) Implement minimum flows and levels equitably and

fairly, and in a manner to help ensure the sustainability of

water resources.

(5) Develop consistent methods for establishing and

implementing minimum flows and levels where needed and

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9-19-96 DRAFT 9-19-96 DRAFT

practicable, including consistent processes for peer review.

However, peer review for minimum flows and levels for waters

within the area described in section 373.042(2), Florida

Statutes, is to be conducted pursuant to section 373.042(4),

Florida Statutes.
2.
Section W. Water Supply Planning
\In fnrat1eVc o' 4te LWaf u VpP4 de"eLopVicAt OLA4 AftV,4I,
AhIte Department is directed to work with the Districts to

help ensure comprehensive regional water supply planning, which

is don,' in coordination with land use planning, is open to the

public, and includes broad participation by interested and

affected parties, within the following framework:

(1) By July 1, 1997, identify in each District one o:- more

water supply planning regions, which singly or together encompass

the entire district, based on surface watersheds, groundwater

basins, and other factors, as appropriate.

(2) By July 1, 1998, complete a district-wide water supply

assessment which determines for each water supply planning

region:

(a) Existing and projected legal uses and existing and

reasonably anticipated sources of water for at least a 20-year

planning horizon.

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(b) Whether existing and reasonably anticipated sources of

water within each region are adequate to meet the water supply

needs of all existing and projected legal uses and the natural

systems within the region for the planning horizon.

(c) Whether harm to the water resources or related natural

systems in the region has occurred or is reasonably expected to

occur within the planning horizon, wholly or partially as a

result of water withdrawals.

3)) By October 1, 1998, initiate regional water supr'y

planning for each region where sources of water are not adequate

to meet the water supply needs of all existing and projected

legal uses and the natural systems, or where harm to the ater

resources or related natural systems has occurred or is

reasonably expected to occur within the planning horizon wholly

or partially as a result of water withdrawals, in order to meet

the water supply needs of all existing and projected legal uses

and thq natural systems within the region. A regional waLer

supply plan shall identify environmentally, technically, and

economically feasible water supply options for the planning

region: a proposed schedule for implementing feasible options;

and funding mechanisms.

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(4) The district-wide assessment and the regional water

supply plans are to be updated at least every five years.

Additional regional water supply planning is to be initiated as

needed, pursuant to the guidelines in this section.

(5) Beginning November 15, 1997, and annually thereafter,

the Department will submit to the Office of the Governor and the

Legislature a report on the status of water supply assessment and

planning in each District. Working in cooperation with the

Districts and the Department of Community Affairs, the Department

will include in the report a section on efforts and

accomplishments in coordinating regional water supply planning

and land use planning.

Section Water Supply Development and Funding




- .--.. ~. --'--- '. ", The Office of the Governor will

develop and conduct a process to investigate and formulate

recommendations on effective means for water supply development

and funding and, as necessary, water supply planning. This

process will be open to the public and will encourage and provide

the opportunity for the voluntary participation of all interested

private interests, levels of government, and members of the

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Legislature. For purposes of this executive order, "water supply

development" means the development and distribution of adequate,

safe, and dependable water supplies, including traditional and

alternative supplies, for all existing and projected legal uses,

in a manner which sustains water resources and related natural

systems.

(1) Considering both regional and statewide issues and

approaches, as appropriate, this process will address:

a) Mechanisms for water supply development, including the

legal and institutional framework needed for water supply

development, and the assignment of responsibilities.

'b) The relationship of water supply planning and land use

planning to water supply development and funding.

1c) Various funding options for water supply development,

with consideration of new or existing federal, state, regional,

or local government or private sources, leveraging, joint

ventures, grant and loan programs, water use fees, rate

structures, and others.

(d) Existing and potential incentives for, and obstacles

to, development of economically, environmentally, and technically

feasible water supplies, with particular emphasis on water

8






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conservation, alternative water supply development, and the

application of innovative technologies.

(2) This process may include discussion of other related

issues, as appropriate, including relevant recommendations of the

Land Use and Water Planning Task Force and the Water Management

District Review Commission.

(3) The Departments of Environmental Protection and

Community Affairs are directed and the Public Service Commission,

the Office of Public Counsel, and the Water Management Districts

are requested to provide assistance as needed to carry out the

provisions of this section.

(4) By February 1, 1997, the Office of the Governor shall

submit to the Governor and the Legislature appropriate

recommendations, if any, developed through the process conducted

pursuant to this section. This process may be continued beyond

February, 1997, as deemed appropriate, to develop further

recommendations

Section 5. Water Management District Review Commission

Recommendations

The Office of the Governor recognizes the extensive and

diligent work of the Water Management District Review Commission

9






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and commends the Commission for its general support for

maintaining Florida Water Law and for maintaining and improving

Florida's system of water management.

Consistent with the Commission's recommendation regarding

Executive approval of District budgets, the Legislature has

enacted and the Office of the Governor will implement section

373.536(5), Florida Statutes.

Many of the Commission's recommendations which address

improve ig District operations ,,nd programs can be implemented

under existing statutory authority. The Department is directed

to work with the Districts to develop a report, to be submitted

to the Governor by November 1, 1996, which lists the

recommendations of the Water Management District Review

Commission the Department and Districts are implementing or will

implement under their existing statutory authority, and how they

are implementing or will implement the listed recommendations.

The Department will provide copies of the report to the

Legislature and other interested parties.







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