Title: Water Resources - Declaration of Water Shortage; Emergency Orders
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 Material Information
Title: Water Resources - Declaration of Water Shortage; Emergency Orders
Physical Description: Book
Language: English
Publisher: Water Resources, Ch. 373, F.S. 1995
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Resources - Declaration of Water Shortage; Emergency Orders (JDV Box 90)
General Note: Box 24, Folder 1 ( Governmental Rules, Regulations, Legislation and Administrative Laws - 1996 ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004557
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



('k. i7u WATER RESOURCES F 1995


shall summarize the proposed ruleand shall occur at
least 14 days prior to the intended action.
History.-s. 12, ch. 91-288. "
'Note.-Section 3, ch. 94-270. provides for review by the Legislature before Octo-
ber 1. 1996

'373.175 Declaration of water shortage; emergency
orders.-
(1) The governing board of the district may by order
declare that a water shortage exists within all or part of
the district when insufficient ground or surface water is
available to meet the needs of the users or when condi-
tions are such as to require temporary reduction in total
use within the area to protect water resources from seri-
ous harm.
(2) The governing board may impose such restric-
tions on one or more users of the water resource as may
be necessary to protect the water resources of the area
from serious harm.
(3) When a water shortage is declared, the govern-
ing board shall cause notice thereof to be published in
a prominent place within a newspaper of general circula-
tion throughout the area. Publication of such notice shall
serve as notice to all users in the area of the condition
of water shortage.
(4) If an emergency condition exists due to a water
shortage within any area of the district and the executive
director of the district, with the concurrence of the gov-
erning board, finds that the exercise of powers under
this section is not sufficient to protect the public health,
safety, or welfare, the health of animals, fish, or aquatic
life, a public water supply, or recreational, commercial,
industrial, agricultural, or other reasonable uses, the
executive director may, pursuant to the provisions of
chapter 120, issue emergency orders reciting the exist-
ence of such an emergency and requiring that such
action, including, but not limited to, apportioning, rotat-
ing, limiting, or prohibiting the use of the water
resources of the district, be taken as the executive
director, with the concurrence of the governing board,
deems necessary to meet the emergency.
History.-s. 1, ch. 72-730; s. 25, ch. 73-190; s. 1, ch. 73-295; s. 14, ch. 78-95;
s. 35, ch. 83-218; s. 597. ch. 95-148.
'Note.-Section 3, ch. 94-270, provides for review by the Legislature before Octo-
ber 1.,1996.
Note.-Former s. 378.152.

1373.185 Local Xeriscape ordinances.-
(1) As used in this section, the term:
(a) "Local government" means any county or munici-
pality of the state.
(b) "Xeriscape' means a landscaping method that
maximizes the conservation of water by the use of site-
appropriate plants and an efficient watering system. The
principles of Xeriscape include planning and design,
appropriate choice of plants, soil analysis which may
include the use of solid waste compost, efficient irriga-
tion, practical use of turf, appropriate use of mulches,
and proper maintenance.
(2) Each water management district shall design
and implement an incentive program to encourage all
local governments within its district to adopt new ordi-
nances or amend existing ordinances to require
Xeriscape landscaping for development permitted after
the effective date of the new ordinance or amendment.


Each district shall adopt rules governing the implemen-
tation of its incentive program and governing the review
and approval of local government Xeriscape ordinances
or amendments which are intended to qualify a local
government for the incentive program. Each district
shall assist the local governments within its jurisdiction
by providing a model Xeriscape code and other techni-
cal assistance. A local government Xeriscape ordinance
or amendment, in order to qualify the local government
for a district's incentive program, must include, at a mini-
mum:
(a) Landscape design, installation, and mainte-
nance standards that result in water conservation. Such
standards shall address the use of plant groupings, soil
analysis including the promotion of the use of solid
waste compost, efficient irrigation systems, and other
water-conserving practices.
(b) Identification of prohibited invasive exotic plant
species.
(c) Identification of controlled plant species, accom-
panied by the conditions under which such plants may
be used.
(d) A provision specifying the maximum percentage
of turf and the maximum percentage of impervious sur-
faces allowed in a xeriscaped area and addressing the
practical selection and installation of turf.
(e) Specific standards for land clearing and require-
ments for the preservation of existing native vegetation.
(f) A monitoring program for ordinance implementa-
tion and compliance.
The districts also shall work with local governments to
promote, through educational programs and publica-
tions, the use of Xeriscape practices, including the use
of solid waste compost, in existing residential and com-
mercial development. This section may not be con-
strued to limit the authority of the districts to require
Xeriscape ordinances or practices as a condition of any
consumptive use permit.
History.-s. 3, ch. 91-41; s. 3. oh. 91-68.
'Note.-Section 3, ch. 94-270. provides for review by the Legislature before Octo-
ber 1, 1996.

1373.191 County water conservation projects.-The
several counties of the state may cooperate with the
division by engaging in county water development and
conservation projects and may use county funds and
equipment for this purpose and to do all other things
necessary in connection with the development and con-
servation of the county's water resources consistent
with the provisions of this law and the rules and regula-
tions adopted pursuant thereto.
History.-s. 13. ch. 57-380; ss. 25, 35. ch. 69-106.
1Note.-Section 3, ch. 94-270, provides for review by the Legislature before Octo-
ber 1, 1996.

1373.196 Legislative findings.-
(1) It is the finding of the Legislature that coopera-
tive efforts between municipalities, counties, water man-
agement districts, and the Department of Environmental
Protection are mandatory in order to meet the water
needs of rapidly urbanizing areas in a manner which will
supply adequate and dependable supplies of water
where needed without resulting in adverse effects upon
the areas from whence such water is withdrawn. Such


F.S. 1995


Ph ?:7


WATFR RFSnuiiRn







Ch. 373


efforts should utilize all practical means of obtaining
water, including, but not limited to, withdrawals of sur-
face water and groundwater, recycling of waste water,
and desalinization, and will necessitate not only cooper-
ation but also well-coordinated activities. The purpose
of this act is to provide additional statutory authority for
such cooperative and coordinated efforts.
(2) Municipalities and counties are encouraged to
create regional water supply authorities as authorized
herein. It is further the intent that municipalities, coun-
ties, and regional water supply authorities are to have
the primary responsibility for water supply, and water
management districts and their basin boards are to
engage only in those functions that are incidental to the
exercise of their flood control and water management
powers.
(3) Nothing herein shall be construed to preclude
the various municipalities and counties from continuing
to operate existing water production and transmission
facilities or to enter into cooperative agreements with
other municipalities and counties for the purpose of
meeting their respective needs for dependable and ade-
quate supplies of water, provided the obtaining of water
through such operations shall not be done in a manner
which results in adverse effects upon the areas from
whence such water is withdrawn.
History.-s. 1, ch. 74-114; s. 43, ch. 79-65: s. 257, ch. 94-356.
'Note.-Section 3. ch. 94-270, provides for review by the Legislature before Octo-
ber 1, 1996.

1373.1961 Water production.-
(1) In the performance of, and in conjunction with, its
other powers and duties, the governing board of a water
management district existing pursuant to this chapter:
(a) Shall engage in planning to assist counties,
municipalities, private utilities, or regional water supply
authorities in meeting water supply needs in such man-
ner as will give priority to encouraging conservation and
reducing adverse environmental effects of improper or
excessive withdrawals of water from concentrated
areas. As used in this section, regional water supply
authorities are regional water authorities created under
s. 373.1962 or other laws of this state.
(b) Shall assist counties, municipalities, private utili-
ties, or water supply authorities in meeting water supply
needs in such manner as will give priority to encouraging
conservation and reducing adverse environmental
effects of improper or excessive withdrawals of water
from concentrated areas.
(c) May establish, design, construct, operate, and
maintain water production and transmission facilities for
the purpose of supplying water to counties, municipali-
ties, private utilities, or regional water supply authorities.
The permit required by part II of this chapter for a water
management district engaged in water production and
transmission shall be granted, denied, or granted with
conditions by the department.
(d) Shall not engage in local distribution.
(e) Shall not deprive, directly or indirectly, any
county wherein water is withdrawn of the prior right to
the reasonable and beneficial use of water which is
required to supply adequately the reasonable and bene-
ficial needs of the county or any of the inhabitants or
property owners therein.


(f) May provide water and financial assistance to
regional water supply authorities, but may not provide
water to counties and municipalities which are located
within the area of such authority without the specific
approval of the authority or, in the event of the authori-
ty's disapproval, the approval of the Governor and Cabi-
net sitting as the Land and Water Adjudicatory Commis-
sion. The district may supply water at rates and upon
terms mutually agreed to by the parties or, if they do not
agree, as set by the governing board and specifically
approved by the Governor and Cabinet sitting as the
Land and Water Adjudicatory Commission.
(g) May acquire title to such interest as is necessary
in real property, by purchase, gift, devise, lease, eminent
domain, or otherwise, for water production and transmis-
sion consistent with this section. However, the district
shall not use any of the eminent domain powers herein
granted to acquire water and water rights already
devoted to reasonable and beneficial use or any water
production or transmission facilities owned by any
county, municipality, or regional water supply authority.
The district may exercise eminent domain powers out-
side of its district boundaries for the acquisition of
pumpage facilities, storage areas, transmission facili-
ties, and the normal appurtenances thereto, provided
that at least 45 days prior to the exercise of eminent
domain, the district notifies the district where the prop-
erty is located after public notice and'the district where
the property is located does not object within 45 days
after notification of such exercise of eminent domain
authority.
(h) In addition to the power to issue revenue bonds
pursuant to s. 373.584, may issue revenue bonds for the
purposes of paying the costs and expenses incurred in
carrying out the purposes of this chapter or refunding
obligations of the district issued pursuant to this section.
Such revenue bonds shall be secured by, and be pay-
able from, revenues derived from the operation, lease,
or use of its water production and transmission facilities
and other water-related facilities and from the sale of'
water or services relating thereto. Such revenue bonds
may not be secured by, or be payable from, moneys
derived by the district from the Water Management
Lands Trust Fund or from ad valorem taxes received by
the district. All provisions of s. 373.584 relating to the
issuance of revenue bonds which are not inconsistent
with this section shall apply to the issuance of revenue
bonds pursuant to this section. The district may also
issue bond anticipation notes in accordance with the
provisions of s. 373.584.
(i) May join with one or more other water manage-
ment districts, counties, municipalities, private utilities,
or regional water supply authorities for the purpose of
carrying out any of its powers, and may contract with
such other entities to finance acquisitions, construction,
operation, and maintenance. The contract may provide
for contributions to be made by each party thereto, for
the division and apportionment of the expenses of
acquisitions, construction, operation, and maintenance,
and for the division and apportionment of the benefits,
services, and products therefrom. The contracts may
contain other covenants and agreements necessary and
appropriate to accomplish their purposes.


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F.S. 1995


WATER RESOURCES


Ch. 373






WATER RESOURCES


(2) The Legislature finds that, due to a combination
of factors, vastly increased demands have been placed
on natural supplies of fresh water, and that, absent
increased development of alternative water supplies,
such demands may increase in the future. The Legisla-
ture also finds that potential exists in the state for the
production of significant quantities of alternative water
supplies, including reclaimed water, and that water pro-
duction includes the development of alternative water
supplies, including reclaimed water, for appropriate
uses. It is the intent of the Legislature that utilities
develop reclaimed water systems, where reclaimed
water is the most appropriate alternative water supply
option, to deliver reclaimed water to as many users as
possible through the most cost-effective means, and to
construct reclaimed water system infrastructure to their
owned or operated properties and facilities where they
have reclamation capability. It is also the intent of the
Legislature that the water management districts which
levy ad valorem taxes for water management purposes
should share a percentage of those tax revenues with
water providers and users, including local governments,
water, wastewater, and reuse utilities, municipal, indus-
trial, and agricultural water users, and other public and
private water users, to be used to supplement other
funding sources in the development of alternative water
supplies. The Legislature finds that public moneys or
services provided to private entities for such uses con-
stitute public purposes which are in the public interest.
In order to further the development and use of alterna-
tive water supply systems, including reclaimed water
systems, the Legislature provides the following:
(a) The governing boards of the water management
districts where water resource caution areas have been
designated shall include in their annual budgets an
amount for the development of alternative water supply
systems, including reclaimed water systems, pursuant
to the requirements of this subsection. Beginning in
1996, such amounts shall be made available to water
providers and users no later than December 31 of each
year, through grants, matching grants, revolving loans,
or the use of district lands or facilities pursuant to the
requirements of this subsection and guidelines estab-
lished by the districts.
(b) It is the intent of the Legislature that for each
reclaimed water utility, or any other utility, which
receives funds pursuant to this subsection, the appro-
priate rate-setting authorities should develop rate struc-
tures for all water, wastewater, and reclaimed water and
other alternative water supply utilities in the service area
of the funded utility, which accomplish the following:
1. Provide meaningful progress toward the devel-
opment and implementation of alternative water supply
systems, including reclaimed water systems;
2. Promote the conservation of fresh water with-
drawn from natural systems;
3. Provide for an appropriate distribution of costs
for all water, wastewater, and alternative water supply
utilities, including reclaimed water utilities, among all of
the users of those utilities; and
4. Prohibit rate discrimination within classes of util-
ity users.


(c) In order to be eligible for funding pursuant to this
subsection, a project must be consistent with a local
government comprehensive plan and the governing
body of the local government must require all appropri-
ate new facilities within the project's service area to con-
nect to and use the project's alternative water supplies.
The appropriate local government must provide written
notification to the appropriate district that the proposed
project is consistent with the local government compre-
hensive plan.
(d) Any and all revenues disbursed pursuant to this
subsection shall be applied only for the payment of capi-
tal or infrastructure costs for the construction of alterna-
tive water supply systems that provide alternative water
supplies for uses within one or more water resource cau-
tion areas.
(e) By January 1 of each year, the governing boards
shall make available written guidelines for the disbursal
of revenues pursuant to this subsection. Such guide-
lines shall include at minimum:
1. An application process and a deadline for filing
applications annually.
2. A process for determining project eligibility pur-
suant to the requirements of paragraphs (c) and (d).
3. A process and criteria for funding projects pursu-
ant to this subsection that cross district boundaries or
that serve more than one district.
(f) The governing board of each water management
district shall establish an alternative water supplies
grants advisory committee to recommend to the govern-
ing board projects for funding pursuant to this subsec-
tion. The advisory committee members shall include, but
not be limited to, one or more representatives of county,
municipal, and investor-owned private utilities, and may
include, but not be limited to, representatives of agricul-
tural interests and environmental interests. Each com-
mittee member shall represent his or her interest group
as a whole and shall not represent any specific entity.
The committee shall apply the guidelines and project eli-
gibility criteria established by the governing board in
reviewing proposed projects. After one or more hearings
to solicit public input on eligible projects, the committee
shall rank the eligible projects and shall submit them to
the governing board for final funding approval. The advi-
sory committee may submit to the governing board
more projects than the available grant money would
fund.
(g) All revenues made available annually pursuant to
this subsection must be disbursed annually by the gov-
erning board if it approves projects sufficient to expend
the available revenues.
(h) For purposes of this subsection, alternative
water supplies are supplies of water that have been
reclaimed after one or more public supply, municipal,
industrial, commercial, or agricultural uses, or are sup-
plies of stormwater, or brackish or salt water, that have
been treated in accordance with applicable rules and
standards sufficient to supply the intended use.
(i) This subsection shall not be subject to the
rulemaking requirements of chapter 120.
(j) By January 30 of each year, each water manage-
ment district shall submit an annual report to the Gover-
nor, the President of the Senate, and the Speaker of the


1430


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F.S. 1995







F.S. 1995 WATER RESOURCES Ch. 373


House of Representatives which accounts for the
disbursal of all budgeted amounts pursuant to this sub-
section. Such report shall describe all projects funded
and shall account separately for moneys provided
through grants, matching grants, revolving loans, and
the use of district lands or facilities.
History.-s 2. ch 74-114; s 14, ch. 76-243: s 7, ch 82-101. s 2. ch 87-347;
s. 7, ch. 95-323.
1Note.-Section 3, ch. 94-270, provides for review by the Legislature before Octo-
ber 1, 1996.

1373.1962 Regional water supply authorities.-
(1) By agreement between local governmental units
created or existing pursuant to the provisions of Art. VIII
of the State Constitution, pursuant to the Florida
Interlocal Cooperation Act of 1969, s. 163.01, and upon
the approval of the Secretary of Environmental Protec-
tion to ensure that such agreement will be in the public
interest and complies with the intent and purposes of
this act, regional water supply authorities may be cre-
ated for the purpose of developing, recovering, storing,
and supplying water for county or municipal purposes
in such a manner as will give priority to reducing adverse
environmental effects of excessive or improper with-
drawals of water from concentrated areas. In approving
said agreement the Secretary of Environmental Protec-
tion shall consider, but not be limited to, the following:
(a) Whether the geographic territory of the proposed
authority is of sufficient size and character to reduce the
environmental effects of improper or excessive with-
drawals of water from concentrated areas.
(b) The maximization of economic development of
the water resources within the territory of the proposed
authority.
(c) The availability of a dependable and adequate
water supply.
(d) The ability of any proposed authority to design,
construct, operate, and maintain water supply facilities
in the locations, and at the times necessary, to ensure
that an adequate water supply will be available to all citi-
zens within the authority.
(e) The effect or impact of any proposed authority
on any municipality, county, or existing authority or
authorities.
(f) The existing needs of the water users within the
area of the authority.
(2) In addition to other powers and duties agreed
upon, and notwithstanding the provisions of s. 163.01,
such authority may:
(a) Upon approval of the electors residing in each
county or municipality within the territory to be included
in any authority, levy ad valorem taxes, not to exceed 0.5
mill, pursuant to s. 9(b), Art. VII of the State Constitution.
No tax authorized by this paragraph shall be levied in
any county or municipality without an affirmative vote of
the electors residing in such county or municipality.
(b) Acquire water and water rights; develop, store,
and transport water; provide, sell and deliver water for
county or municipal uses and purposes; provide for the
furnishing of such water and water service upon terms
and conditions and at rates which will apportion to par-
ties and nonparties an equitable share of the capital cost
and operating expense of the authority's work to the
purchaser.


(c) Collect, treat, and recover wastewater.
(d) Not engage in local distribution.
(e) 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 or any
water production or transmission facilities owned by any
county or municipality.
(f) Issue revenue bonds in the manner prescribed
by the Revenue Bond Act of 1953, as amended, part I,
chapter 159, to be payable solely from funds derived
from the sale of water by the authority to any county or
municipality. Such bonds may be additionally secured
by the full faith and credit of any county or municipality,
as provided by s. 159.16 or by a pledge of excise taxes,
as provided by s. 159.19. For the purpose of issuing rev-
enue bonds, an authority shall be considered a "unit" as
defined in 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 proper-
ties and facilities for the production and transmission of
water by the authority to any county or municipality,
which cost shall include the acquisition of real property
and easements therein for such purposes. Such bonds
may be in the form of refunding bonds to take up any
outstanding bonds of the authority or of any county or
municipality where such outstanding bonds are secured
by properties and facilities for production and transmis-
sion of water, which properties and facilities are being
acquired by the authority. Refunding bonds may be
issued to take up and refund all outstanding bonds of
said authority that are subject to call and termination,
and all bonds of said authority that are not subject to call
or redemption, when the surrender of said bonds can be
procured from the holder thereof at prices satisfactory
to the authority. Such refunding bonds may be issued
at any time when, in the judgment of the authority, it will
be to the best interest of the authority financially or eco-
nomically by securing a lower rate of interest on said
bonds or by extending the time of maturity of said bonds
or, for any other reason, in the judgment of the authority,
advantageous to said authority.
(g) Sue and be sued in its own name.
(h) Borrow money and incur indebtedness and issue
bonds or other evidence of such indebtedness.
(i) Join with one or more other public corporations
for the purpose of carrying out any of its powers and for
that purpose to contract with such other public corpora-
tion or corporations for the purpose of financing such
acquisitions, construction, and operations. Such con-
tracts may provide for contributions to be made by each
party thereto, for the division and apportionment of the
expenses of such acquisitions and operations, and for
the division and apportionment of the benefits, services,
and products therefrom. Such contract may contain
such other and further covenants and agreements as
may be necessary and convenient to accomplish the
purposes hereof.
(3) When it is found to be in the public interest, for
the public convenience and welfare, for a public benefit,
and necessary for carrying out the purpose of any


1431


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F.S. 1995






WATER RESOURCES


regional water supply authority, any state agency,
county, water control district existing pursuant to chap-
ter 298, water management district existing pursuant to
this chapter, municipality, governmental agency, or pub-
lic corporation in this state holding title to any interest
in land is hereby authorized, in its discretion, to convey
the title to or dedicate land, title to which is in such
entity, including tax-reverted land, or to grant use-
rights therein, to any regional water supply authority cre-
ated pursuant to this section. Land granted or conveyed
to such authority shall be for the public purposes of such
authority and may be made subject to the condition that
in the event said land is not so used, or if used and sub-
sequently its use for said purpose is abandoned, the
interest granted shall cease as to such authority and
shall automatically revert to the granting entity.
(4) Each county or municipality which is a party to
an agreement pursuant to subsection (1) shall have a
preferential right to purchase water from the regional
water supply authority for use by such county or munici-
pality.
(5) In carrying out the provisions of this section, any
county wherein water is withdrawn by the authority shall
not be deprived, directly or indirectly, of the prior right
to the reasonable and beneficial use of water which is
required adequately to supply the reasonable and bene-
ficial needs of the county or any of the inhabitants or
property owners therein.
(6) Upon a resolution adopted by the governing
body of any county or municipality, the authority may,
subject to a majority vote of its voting members, include
such county or municipality in its regional water supply
authority upon such terms and conditions as may be
prescribed.
(7) The authority shall design, construct, operate,
and maintain facilities in the locations and at the times
necessary to ensure that an adequate water supply will
be available to all citizens within the authority.
History.-s. 7, ch. 74-114, s. 1, ch. 77-174; s. 35, ch. 79-5; s. 1, ch. 86-22: s. 258,
ch. 94-356.
'Note.-Section 3, ch. 94-270, provides for review by the Legislature before Octo-
ber 1, 1996.

1373.1963 Assistance to West Coast Regional
Water Supply Authority.-
(1) In lieu of the provisions in s. 373.1962(2)(a), the
Southwest Florida Water Management District shall
assist the West Coast Regional Water Supply Authority
for a period of 5 years, terminating December 31, 1981,
by levying an ad valorem tax, upon request of the
authority, of not more than 0.05 mill on all taxable prop-
erty within the limits of the authority. During such period
the corresponding basin board ad valorem tax levies
shall be reduced accordingly.
(2) The authority shall prepare its annual budget in
the same manner as prescribed for the preparation of
basin budgets, but such authority budget shall not be
subject to review by the respective basin boards or by
the governing board of the district.
(3) The annual millage for the authority shall be the
amount required to raise the amount called for by the
annual budget when applied to the total assessment on
all taxable property within the limits of the authority, as
determined for county taxing purposes.


(4) The authority may, by resolution, request the
governing board of the district to levy ad valorem taxes
within the boundaries of the authority. Upon receipt of
such request, together with formal certification of the
adoption of its annual budget and of the required tax
levy, the authority tax levy shall be made by the govern-
ing board of the district to finance authority functions.
(5) The taxes provided for in this section shall be
extended by the property appraiser on the county tax
roll in each county within, or partly within, the authority
boundaries and shall be collected by the tax collector in
the same manner and time as county taxes, and the pro-
ceeds therefrom paid to the district which shall forthwith
pay them over to the authority. Until paid, such taxes
shall be a lien on the property against which assessed
and enforceable in like manner as county taxes. The
property appraisers, tax collectors, and clerks of the cir-
cuit court of the respective counties shall be entitled to
compensation for services performed in connection with
such taxes at the same rates as apply to county taxes.
(6) The governing board of the district shall not be
responsible for any actions or lack of actions by the
authority.
History.-s. 13, ch. 76-243; s. 1, oh. 77-174.
'Note.-Section 3, ch. 94-270, provides for review by the Legislature before Octo-
ber 1, 1996.

1373.1965 Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin; coordinating council on
restoration; project implementation.-
(1) There is created the Coordinating Council on the
Restoration of the Kissimmee River Valley and Taylor
Creek-Nubbins Slough Basin. The council shall be com-
posed of the Executive Director of the Florida Game and
Fresh Water Fish Commission, the Executive Director of
the Central and Southern Florida Flood Control District,
and the commissioner of the Department of Agriculture
and Consumer Services, or their designees, and the
secretary of the Department of Environmental Protec-
tion, who shall serve as chair.
(2) In recognition of the complete findings of the
Special Project to Prevent the Eutrophication of Lake
Okeechobee, the council shall develop measures which
are to be taken by the Department of Environmental Pro-
tection,Athe Game and Fresh Water Fish Commission,
and the Central and Southern Florida Flood Control Dis-
trict to restore the water quality of the Kissimmee River
Valley and Taylor Creek-Nubbins Slough Basin. Such
measures shall be designed to minimize and ultimately
remove the threats to the agricultural industry, the wild-
life, and the people of central and southern Florida,
posed by land uses and water management practices
which cause the degradation of water quality in such
area and shall be designed to alleviate excessive nutri-
ent loading from the Taylor Creek-Nubbins Slough
Basin. In developing such measures, the council shall
seek to:
(a) Conserve and improve ground and surface water
supplies throughout the region.
(b) Improve the quality of water for all beneficial pur-
poses throughout the region, and in Lake Okeechobee.
(c) Restore the natural seasonal water level fluctua-
tions in the lakes of the Kissimmee River and in its natu-
ral flood plains and marshlands.


1432


Ch. 373


F.S. 1995


Ch. 373






WATER RESOURCES


(d) Re-create conditions favorable to increases in
production of wetland vegetation, native aquatic life,
and wetland wildlife.
(e) Protect presently developed areas from unnatu-
ral floods, to the extent that such protection is now
achievable.
(f) Utilize the natural and free energies of the river
system to the greatest extent possible, so as to hold to
a minimum all recurring annual needs of petroleum
energy supplies.
(g) Provide for the effective enforcement of existing
laws designed to prevent excessive nutrient loading of
area waters.
(3) The Department of Environmental Protection, the
Game and Fresh Water Fish Commission, and the Cen-
tral and Southern Florida Flood Control District shall
each implement and enforce those measures developed
by the council which are within its jurisdiction. The sec-
retary of the Department of Environmental Protection
shall be responsible for the overall supervision of the
enforcement of such measures.
(4) The Central and Southern Florida Flood Control
District or its successor agency shall establish a Special
Trust Fund for the Restoration of the Kissimmee River
Valley and Lake Okeechobee, which shall be funded
from State General Revenue, federal matching funds,
donations, and district funds, provided that district
funds shall equal 20 percent of State General Revenue
funds.
(5) The secretary of the Department of Environmen-
tal Protection shall present to the Legislature, within 1
year of the effective date of this act, the council's com-
prehensive report and complete plans for implementa-
tion of the corrective actions required, including fund
requirements, and the implementation of the program
within 5 years after the effective date of this act. During
the 5-year implementation period, the secretary of the
Department of Environmental Protection shall present to
the Legislature an annual, comprehensive, interim prog-
ress report.
(6) Upon completion of the entire program to the sat-
isfaction of the council and the Legislature, the council
shall cease to exist, and all funds and moneys remaining
in the Special Fund shall be immediately paid over to the
General Revenue Fund.
History.-s. 1, ch. 76-113; ss. 9, 259, ch. 94-356: s. 1008, ch. 95-148.
'Note.-Section 3, ch. 94-270, provides for review by the Legislature before Octo-
ber 1, 1996

1373.197 Kissimmee River Valley and Taylor Creek-
Nubbins Slough Basin restoration project; measures
authorized.-
(1) The Legislature hereby directs the Florida
Department of Environmental Protection, in conjunction
with the South Florida Water Management District, to
seek appropriate authorization by the Congress of the
United States for a restudy of the Kissimmee River Val-
ley and the Taylor Creek-Nubbins Slough Basin.
(2) The Legislature recommends that the authoriza-
tion provide that the Board of Engineers for Rivers and
Harbors, created under s. 3 of the Rivers and Harbors
Act, approved June 13, 1902, be directed to review the
report of the Chief of Engineers on Central and Southern
Florida, published as House Document Numbered 643,


Eightieth Congress, and other pertinent reports, with a
view to determining whether any modification of the rec-
ommendations contained therein and of the system of
works constructed pursuant thereto is advisable with
respect to questions of the quality of water entering the
Kissimmee River and Taylor Creek-Nubbins Slough and
Lake Okeechobee therefrom, flood control, recreation,
navigation, loss of fish and wildlife resources, other cur-
rent and foreseeable environmental problems, and loss
of environmental amenities in those areas. Potential
modification alternatives, if any, shall include, but not be
limited to, consideration of restoration of all or parts of
the Kissimmee River below Lake Kissimmee and of the
Taylor Creek-Nubbins Slough Basin.
(3) The department and the Water Management Dis-
trict shall also seek to assure that this restudy be con-
ducted by the Corps of Engineers in close cooperation
with the Coordinating Council on the Restoration of the
Kissimmee River Valley and the Taylor Creek-Nubbins
Slough Basin and that the study be responsive to the
problems and needs identified by the Coordinating
Council and consider development of detailed physical
and mathematical models to assess and predict these
identified problems.
History.-s. 1, ch. 77-404, s. 260, ch. 94-356.
'Note.-
A. Section 3, ch. 94-270, provides for review by the Legislature before October
1,1996.
B. Section 260, ch. 94-356, purported to amend s. 373.197, but failed to publish
the section to include subsections (2) and (3). In the absence of affirmative evidence
of intent to repeal the omitted material, the section is published in full here, pending
clarification by the Legislature.

PART II

PERMITTING OF CONSUMPTIVE
USES OF WATER


373.203
373.206
373.207
373.209
373.213
373.216

373.217
373.219
373.223
373.2235

373.224
373.226
373.229
373.2295
373.232
373.233
373.236
373.239
373.243
373.244
373.245
373.246
373.249
373.250


Definitions.
Artesian wells; flow regulated.
Abandoned artesian wells.
Artesian wells; penalties for violation.
Certain artesian wells exempt.
Implementation of program for regulating the
consumptive use of water.
Superseded laws and regulations.
Permits required.
Conditions for a permit.
Effect of prior land acquisition on consump-
tive use permitting.
Existing permits.
Existing uses.
Application for permit.
Interdistrict transfers of groundwater.
Citation of rule.
Competing applications.
Duration of permits.
Modification and renewal of permit terms.
Revocation of permits.
Temporary permits.
Violations of permit conditions.
Declaration of water shortage or emergency.
Existing regulatory districts preserved.
Reuse of reclaimed water.


Ch. 373


F.S. 1995




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