Title: Draft Legislation on Water Planning
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 Material Information
Title: Draft Legislation on Water Planning
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Draft Legislation on Water Planning (JDV Box 70)
General Note: Box 24, Folder 5 ( Water Supply Work Group/Planning and Management - 1996/1997 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004657
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

ECOSYSTEM MRNRGEMENT Fax:904-922-53


TO:

E3ROM:


JAKE VARN


TERRY PRIDE, 4


88-0784


Jake,

This needs more work. I've probably left out sonie thil
there needs to be adequate direction. Some of the existi
consolidated with some of the new provisions, but I first
existing law in contrast to the new stuff.

Look it over and let's discuss it before you do anytgin
implementing the committee recommendations, so we d

You can call me today or review it over the weekend an

Terry


Jake Varn
Working Copy


gs, but also it might be shortened, though
ng law can be rearranged and
wanted you and others to see what is


with it. This really is work for
)n't want to get crosswise with that.

d call me Monday.


Jan 24 '97


0:00 P.Ci/08





ECOSYSTEM MRNRGEMENT Fax:904-922-53


DRAFT LEGISLATION ON WATER PLANNING


For Implementing the Water Supply Development
and Funding Work Group Repommendations


January 24, 1997 D A


Section 1. Subsection (16) of section 373.019, orida
subsections (18), (19), (20), (21), and (22) are added to read:
373.019 Definitions.-When appearing in this apter
adopted pursuant thereto, the following words shal, u s th
otherwise, mean:
(16) "State Water resources rule policy" eazi the c
as adopted by the department pursuant to s. 373.036 s-3
objectives, and guidance for the development and review of p
to water resources based on statutory policies and dir fives.
its most basic resources. Such waters should be managed to c
resources and to realize the full beneficial use of these iesour
(1 IR "Flnridan .watpr nian" means'the state w ate resou


department pursuant to s. 373.036.


(1Q~ "fltatict water manale~met nlan' means i


Y


Statutes, is amended and


or in any rule, regulation, or order
e context clearly indicates


comprehensive rue statewide policy
26-nd 403.6 61 setting forth goals,
programs, rules, and plans relating
The waters of the state are among
conserve and protect water
res.
rces olan developed by the


te regional water resources olan


developed by the governing board pursuant to s. .73( 6.


(20' "Reaional water sunnlv olan' means a wat


hard pursuant to s. 973.0361.
12( 1 "Water resource development" meant the:


~r SUonlv nlan developed by t&h~ eovernine


~ormukatiou f regional watcr resource


management stratAegies including the collection and evaluation of surface water and groundwater
data the development of regional water resource. imply nentation programs: and the construction

operation. and maintenance of major public works facil ties to provide for flood control, surface


and ~inderiwniind water stor2rre and ~rnnndwater tiechia'


(22n "Water suonlv develoDment" means thenFi


and maintenance of public or p i


e e
rpe augmentation.


nnin~~ fP~it~n tnnfl~rntnrhf oneratinn.


I~nn water for vle_ resale. or e~nd use.


1


i


(10) "Rewinnal atersunniv-nia* means a wa sunly nlan develped by t- 6 qo


---~'


i


nne iyndt-rm nd w -ttpr qtnmoe *;ind orntind-ter rech-


,v v


(2) Wte unlvdveomet"man -en


........ .. ti cikan r -r g i n ...... ... .... .... ....


...., w f...... ...... ......a.. ..


II


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ECOSYSTEM MFNRGEMENT Fax:904-922-53


Section 2. Subsection (7) of section 373.103, Florida Statutes, is amended to read:

373.103 Powers which may be vested in the governing board at the department's

discretion.-In addition to the other powers and duties allowed it by law, the governing board of a

water management district may be specifically authorized by the department to:
(7) Prepare In cooperation with the department, assist in preparing the Florida water
plan -nrd jrenare a district water management nIan; The district water management plans shall he


integral tc the development thatpart of the Florida wat.
iTr-IsrT--ntir n" nf thf Finidn uivg"r rnn vwelc iKa i'r


Ji


odlan and shall furither the


Section 3. Section 373.036, Florida Statutes is ended to re

373.036 Florida water plan- district water man cement plans

(1) FLORIDA WATER PLAN.-
(n) The department in enonaratinn with the water manaenme


) b( The Florids water olan shall ser k


water mranar'ement district statutory water resources re~


water resOhirres o'nal. aneW ideWntifv relati'dl statewidb and


coordinatinF state. regiona s


UVI LU UAIc UIU5&C.L

ad:

Statriater sell da n-


nt district. f.hall deveinn


jhe imnIementation of department and


'ionsibiities: communicate statutory


rea'ional issues andi strat~aies sait in


nd land use planning: and eval .


where needed. promote consistency among the water mmagement districts in the implementation

of their water resources programs. The plan shall iinco porate relevant portions of the district

water management plans and the water quality standard t and classifications of the department.

(c) The Florida water plan shall set forth yoals objectives, and guidance for the

development and review of programs- rules, and plans relating to water resources. based on

statutory policies and directives. This part of the Flori a water nlan shall be adopted by rule and


shall be called the "water resources rule." The existing state water policy rule. Chapter 62-40.
Florida Administrative Code. shall serve as the waterIresources rule and shall be a part of the

Florida water plan. Upon its next amendment. the statl water policy rule shall be renamed in


accordance with this section.

) d( Any amendments to the water resources ruk


Alp s'~,it .at c~h~s11 hP olhmitt.Ar tsn thi Pvn~tArpnt, nC *:1


~shallbe adopted by the secretary of the


S VCfla2fW In,4 this Crsis.Lo ~w r,f this.


t JO1a Lal alAL IA tll"U I. t UL LJA II LUlm M A -.AAm^.^ Ul L 5. A L. B1.LI AL I Ilnb_ III Lllh WL lklt.2Lf
within seven days of publication in the Florida Adminisrrative Weekly. Such amendments will
not become effective until the conclusion of the regular session of the Legislature following their


adoption.


2


1 2 shn*. 1^1, the


&M.Y,


--- --I --I-------I-- --- ~--------II-- ~--- ---- ---I- ---------------- --'Y----- ------Y I--VY


---


:h. imn... .... . ....... ... .n


.


"trrn-anatdtitQ nvwtr enr- a ffii


3


--- ----- --- --- --- ----Y ------------ ---Maus----


Y


shl eadpe yth ertayo h


I


Jan 24 '97


0:01


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"'"" i""""l


the Florld-a water plan unrcent to this section






ECOSYSTEM MFlNGEMENT Fax:904-922-53


(n) Th'e ndnartment shall not adont or r the Florida water plan or any portion of the


nIan \r'thclut first holding a public hearing 't !~s 60 days in advance of adoption or revision.


TheI depaTmust shall pnuoced a& rapidly as posiicv duy existAinLg wa&ter4 ULai A utie sae,

mua jn a tni meidu ul wm-rving angd aAugucAAntiUA5 su jwa1 L xialug an4d ouatAuhplatcd nledL
-l -, 1.s1d


.nal uses uf was [ux ptwulun and gavusedun d
1 la ad wi e, nsaton, a uus, pu u


dvloupmAnt, adl Jdonamst., mAicipal, wand .. mu aial u-a, an s ects,

hiluliMag-s dainag4., At lamatio, flood plain u flu--la wd amn oning, and ciclcionp of


rese voi, sites. T9he dJpayi unet shall coopelale widtl fLh Ri ativ Office of the GovvnU, uo it

auMiOssU adgafey, pyrogLAsively to fufuuulate, a aifumliunal el4lLt of a coimpirAIhciave state

plan, an ia.tegrated, coordinated plant foa the ue artd -L clopiueit of tle watms of the state,

hbnd u Hiej 0nv, studica. This plan. with aIAi suncih nin6. uIamlementA.. and addltiom as


may us now.ewas y avan ume w unne, anan us unswa on
) 2( DISTRICT WATER MANAGEMENT PLA


_ ~ ~ ~ ~ ~ ~ ~ ~ a -I---r ---- -Ll- -r -


(a) Each governing board shall develop a distn t water management plan for water

resources within its region, pursuant to this section.

(b) The district water management plan shall serve as a comprehensive. specific guide to

the water management district in carrying out its statutrv water resources management


resnonsibilities and shall further the imnlementatiannof


ni-vide. (jitp~ttinne trate.Oles and schedules for district


fc~ The eoverninnzboarbshal1 not Ae~ekno Ir re:


without first holding a public hearing at least 60 davs. i


(3) GENERAL PLAN PROVISTONS.-The Flk


.hP PlnriAa untatr n121B ThP nlar shall


activities~ nrosrams~ and nrues.


nr~P its Aiistrwt water man oemh'nt nann


advance of adoption or revision.


ridn water nian and each district water


management plan shall he developed in partnership wit other agencies. units of government, and

interested parties and shall:

(a) Be based on at least a twenty-year planning Veriod.


rule


(bh Be consistent with this chapter, the state comprehensive plan- and the water resources



(c) Contain water resources goals. priority iss is. strategies. and schedules in each of the


following four areas of responsibility:

1 Water supply protection and management.

2. Flood protection and floodplain management


3. Water quality protection and management.

4. Natural systems protection and managementJ


nlv jO.i zg hli; ulch rn-pt!-Zt6 dv navnen dolino eiin


L


L


.


1


re-r................... ... .. l further the of,


YII-IY-~L-I~~Y-- YYL- -1IY1I111-l


nretvitts elirrr-.t innc -ttrmc ifw 2nd .crhrdiil&-, f -r diqtri tivitia n-nrrams and r Ce--q


i


1


(c) Te govrnin- ho, 6 shll no dei on o


i- im tfictrit-t wsitpr mnnmcyi-mp-nt nl-n


withnt firt bnlintra nubic herin r2t lA-t 6 days in-danceof a ntionor reisio


J


....m wnti- l .. n.d. ..-l .. t in ...... ..


I


Jan 24 '97


0:01


iP. C4/08


i


----T -"


. ,


urr r~oLV rourr urr YL41
NC,






ECOSYSTEM MRNRGEMENT Fax:904-922-53


(91 Take into consideration other state. rdonial. and local nlans which affect water

resources.
) ef Provide linkaves to budPetine and prov*-am

di entit? the amount and sources polemental ftmdins


(fA Inarifv nmrnptrlres for federal state. revions


.

LA local rovernmentaLcoordinati n


ano p Um1iC arcipll uin 'ini 'f1I" ugVl JIlll.- il b I U t Am m Ail ,
stages of plan development or revision.
( r Tdentify strategies for better coordination of water resources and land use planning.
(h) Tdentify methods for assessing the effegtiven ss of plan implementation, including
performance indicators Tn coordination with each. other. the department and the water
management districts shall evaluate plan priorities annul ly. The Florida water plan and each


trie r.t water mannaomennt nian shall be undated at leastonce ever five ear.


1 4( In order for any portion of the Florida water


to be legally binding. that portion must be implemented
~r-L-~-d l--^ d--u-- t1- dr~~ CP I~b


alo n or a district water mann V plan


by rule. The Florida waternian.ach


tISC"IrL Wiier ianafemlcIlt pjl. an I rL a u nu U m" U L J an. Id a 12 m. .
as necessary to ensure effective water resources management.
(.) DTSTRTCT WATER MANAGEMENT PL NS: ADDITIONAL CONTENTS.--
(,) Tn addition to the requirements ofsubsectilons (2) and (3). each district water
management plan shall contain, but not be limited to:
1. Identification of water resource caution areas.
2. A schedule for the establishment by m eororder- of minimum flows and levels

pursuant to s. 373.042 for priority surface and grond waters. By November 15 of each year. the

ver board shall prepare and submit to the depart ent for review and comment a priority

list. with a five-year schedule, for establishing minimum flows and levels. The priority list shall
be based on the importance of waters to the state or reion and the existence of or potential for
significant harm as set forth in s. 373-042.
3. Established minimum flows and levels. .
4. Identification of one or more water supply. p inning regions which singly or together
encompass the entire district. _
5. Technical data and information prepared p.uruant to ss. 373.0391 and 373.0395 for
each water supply planning region, to be used in the development of regional water supply plans
pursuant to s. 373.0361 and in assisting local governments in the preparation and implementation


4


Jan 24 '97


0:02 -. 5/08


d edeen to imnlement the alan


~ -"
1_~~LI~- ---~-~--~-- :- ,Ir- rlas~r.~mnn, r.k:rk' rcnn


e t01 broad narticination i y


i nl .~t" t'hs ln eh ll be amendned


.i. ~ ~IY.,~I -..--~~-I -- ---------- ----


- ---- -------- ----


~YYY,


... YYYYII Y~I~--~~- -I -~- -------- ----- ---~-


II- YIlY IYILU LY YII~1llll -YV-I-~IYII


I


~""'~' "~'~ "'~'U-1~~~-~~~ I~-`- -~~-~- -- ----I- I-~


1


`I~-I -- -~-~---- "I--- ~~-~---~~~-~~~ ~~~-~~


!


bv rule The Florida water n1an caQh


'I





ECOSYSTEM MANAGEMENT Fax:904-922-53


of their !Lcl Y government comprehensive pl c-.-' -nts related to water resources or thzir public
faciliti-: reports required by s. 189.415.
6. A district-wide water supply assessment. to le completed no later than July 1. 1998.
whi s-ermnines for each water sunply planning .~vi56
n Existin legIal uses reasonably anticipated fi ture needs and existing and reqsonahly
antci-n-td sources of water and conservation efforts.
b. Whether existing and reasonably anticipated sources of water and conservation efforts
are adequate to supply water for all existing, le&al usesnd reasonably anticipated future needs.
.... Je--tI


'nd tA susct~in the natural systems.


c Whether harm to the water resources or rela


r.inr.nv Eynercrted to noccur wholly or nartialv as a:r


7 Any existing regional water r


pursuant to s. 373.0361.

L6X2) In the formulation of the district water.
governing board department shall give due consideration
(a) The attainment of maximum reasonable-ben
.itp epses .those f. rred to it. -bs=tion :
(b) The maximum economic developmentlofth
uses.
(c) The manaement control of such waters for
protection, drainage, flood control, and water storage.
(d) The quantity of water available for applicant
(e) The prevention of wasteful, uneconomical,
resources.
(f) Presently exercised domestic use and p~eni
(g) The preservation and enhancement of the w
Of tIe sae watt quality plan.
(h) The state water resources policy as express

21(73) During the process of formulating or rev
water management plan state wat ase plain, the dpar
with, and carefully evaluate the recommendations of, ic
agencies, patiEulily the zuveiing bowds of 4Lr
interested persons.

5 '


d e natural systems h s


sult of water withdrawals


eoinnal water sunnlv nians developed


management plan state atruse plan, the
t to:
eficial use of water resources forsch


Water resources consistent with other


such purposes as environmental


on to a reasonable-beneficial use.
impractical, or unreasonable uses of water


rights.
after quality of the state and the provisions


:d by this chapter.
sing the Florida water plan or the district
ment or the governing board shall consult
ncerned federal, state, and local
mIaag5 e3=t di.L ic.a, and other


I I I.


n-iff m -nv0-qin te nntuml ltvqtaM-





-- ------- ~-~--- -~- ------


_LU~~ ~ ~ ~ ~ .II- 1 I- II- Y I- -


~----IL-YYI --LY----- --- ----- -----I -- -- --- -- ----- --


-- -


I. 1-II YN~LIL LILYI 1IL.- Po-ional watersu nniv nlans d ev elo--rd


I


I [..


Jan 24 '97


0:02 r. -5/08





ECOSYSTEM MANAGEMENT Fax:904-922-53


(8X4) Each governing board is directed to cooperate with the department in conducting
surveys and investigations of water resources, to furnish the department with all available data of
a technical nature, and to advise and assist the departm t in the formulation and drafting of
those portions of the Florida water state plan applicable to the district.

(5) The department shall not adup orni mordy s a e atreful co an sdr an i motion
requi wirementous of h public recreation and to th e proin tecn procreat 90 of fish adv wildlife. The
h=ing, the dpat unei shall notify any affc.d gpn .u.g boads, and hall give notice of such
hearing by publication wiin aff. .i. pu. it t, provisiolsm of chapter 120,








ri The gn board, divide ach water artm t ay dIsignate certain uses inh connection with a
prticul asr sorce tof s drolog ically becauseof lle aiaitf the activity l wathe amourct wider
eaharcha. ;
9re(9) The department and governing board slia give careful consideration to the
requirements of public recreation and to the protection a d procreation of fish and wildlife. The
covering board epartmmnt may prohibit or restrict ot1 er future uses on certain designated
bodies of water which may be inconsistent with these o jectives.
l1QM(6) The verning board department may designate certain uses in connection with a
particular source of supply which, because of the natufe of the activity or the amount of water
required, would constitute an undesirable use for which the governing board may deny a permit.
l)(9) The covering board departm=nlt may signate certain uses in connection with a
particular source of supply which, because of the nature of the activity or the amount of water
required, would result in an enhancement or improve nt of the water resources of the area.
Such uses shall be preferred over other uses in the even of competing applications under the
permitting systems authorized by this chapter.
L2) *) The department, in cooperation yith te Executive Office of the Governor, or
its successor agency, may add to the sFktati watt rda water plan any other information,
directions, or objectives it deems necessary or desirable for the guidance of the governing boards
or other agencies in the administration and enforcement of this chapter.
Section 4. Section 373.0361, Florida Statutes, i created to read:
373.0361 Regional water supply planning-.-
(1) By October 1- 1998. the governing hoiard sh 11 initiate water supply Planning for each
water supply planning region identified pursuant to s. 3 3.036 where it determines that sources of

6


Jan 24 '97


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ECOSYSTEM MRNRGEMENT Fax:904-922-53


0:03


water nr nort adequate f6r the planning period to v.. water for all existing ar,.d pr ~,ted

reasonable-beneficial uses. and to sustain the w?.?: resources and related natural systems, or

where harm to the water resources or related natural stems has occurred or is reasonably
exYrec.d t- nrcur wholly or nartiallv as a result of water withdrawals- Such planning shall be


conducted n an- ope pulcpoes ncodnto n coeainwt oa oene


watr sunpliers and other 2ffected ad interested re.


(2) Each regional water supplv nlan shall be b ed on at least a 20-vear planning period


and shal! be completed within eighteen months of beininitiated, unless a delay can be justified


I
department Each plan shall i :


In inchildin'J. but not limited to:


d reasonable--beneficial uses e


v
yv deve opment.


.r resource development rnriects.


(a) A clear statement of the objectives of the ph

1. To meet the needs of all existing and nroiecti


sustaininz- the water resources and related natural wvstey


2. Tn identify a menu of options for waterisunnz


3. To identifyand guide funding of district watt


4. To provide action-oriented steDs. with, flexiblity but as much surety as possible for


water u gas.

(b) The technical data and information a1pilicaw

contained in the district wztgr management plan.

) ( Data on the needs of self suppliers- indludin


(A~ Availlhh'~ nr nnt~nrtial snulrtesi of water; suan


IrA ,Ln Jrn~~nrnr~~r ~


rI aW 'ic innllllJll1 Jg,' wthll i hi


gy 2rWected uses-


ulcni. yl ding traditional an native


!


L) Conservation and other be implemented to redc per ap
e(''Cnservation and other efficiency matures to he implemented to reduce per capital


water use.

(f) Water resource development protects.that th

implementation schedule praiected costs. and funding


-
(g) The minimum flows and levels that are esta

(3) The governing board shall implement bv I


us pply plan which are to be legally .


Section 5. Section 373.039, which relates ito the

373.026(10) and 403.061(33), which relate to state watU


t cirtsid will underta n


d ehsili within the planning r n


e l those portion of each reeional water


e Florida water plan, and subsections

tr policy, are hereby repealed.


Still need to amend the statutes thai contain cross references


t, th 0


~a.


ce hanisms


h


Jruei z n-nl e


z


toth.nln- -"


i


inclu.. din.g.. b.l. ...t li ie to:...


-d re;--r v~viu~ urur


suL-ini e wae = e


au


2 To identify a mann of ontions br waterigull'W


. e ....... v elopmt.Dr....ts.


L- --"I~~I--~------ ----------~ ~~----


- ---- -


. -


C


i


.m21ementatinn mchedula prg


..


1


ished within the~~-~~~~~- .-~-~


.


Jan 24 '97




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