Jake, Jake Varn
I asked one of my staff to look over the draft. Attached are his comments. don' necessarily
agree with every point, but I've highlighted the ones that seem particularly to have merit, for
I anticipate that Estus will form a couple of drafting committees, so this and other proposals
would go through that process. How all the other activity going on around town and the state
with regard to drafting relates to the Governor's process, if it does at all, is unclear to me. I'm
sure you have a better handle on it.
I'm trying to set up a meeting between you, David, and Estus for Thursday afternoon to talk
about where things should go after Friday's meeting.
-fe Y- J1&
The definitions do not seem to be central to the proposals of the Work Group and are hardly
used in the draft legislation.
Definition of "water resources development"
The definition means, as nearly as it means anything, comprehensive water management. It
thus creates new confusion by an unnecessary and duplicative new term.
The definition does not specifically include water quality protection and management. Of
course, though, water "quality" and water "quantity" can not be separated at all. This
omission is particularly troublesome in a state with so much potential for saltwater intrusion.
The definition does not clearly include measures for natural systems protection and manage-
ment. For example, would the STAs fit within the definition?
There is no explanation of what is meant by "regional water resource implementation pro-
grams." This would seem to include every activity of the water management district. Then,
too, how is this different from "regional water resource management strategies?"
The definition does not explain what is meant by a "major" public works facility, thus
engendering new grounds for confusion and disagreement.
Definition of "water supply development"
The restriction in this definition to "facilities" is too narrow. A water conservation program, as
SWFWMD has argued strongly, provides water just as surely as a "facility" for supply aug-
mentation. The undesirable import of this definition is that water is not being "developed"
unless some capital facility is being built somewhere.
No explanation is offered of the meaning of "sale, resale, or end use," even though it is a
necessary aspect of "water supply development" as provided in the definition. Activities such
as the following presumably would be excluded from the definition of water supply develop-
SFWMD transport of water in C&SF canals to Dade County wellfields. (There is
no "sale" or "resale" nor is it for an "end use.")
Injection of reclaimed water seaward of a wellfield in order to slow or reverse salt-
Rehydration of a wellfield with reclaimed water.
Water conservation programs, including residential retrofit programs.
Measures or facilities to provide water supplies for natural system preservation or
DRAFT LEGISLATION ON WATER PLANNING
For Implementing the Water Supply Development
and Funding Work Group Recommendations
January 27, 1997 DRAFT
Section 1. Subsection (16) of section 373.019, Florida Statutes, is amended and
subsections (18), (19), (20), (21), and (22) are added to read:
373.019 Definitions.--When appearing in this chapter or in any rule, regulation, or order
adopted pursuant thereto, the following words shall, unless the context clearly indicates
(16) "State Water resources rule policy" means the comprehensive rule statewide-policy
as adopted by the department pursuant to s. 373.036 ss. 373.06 and 403.061 setting forth goals,
objectives, and guidance for the development and review of programs, rules, and plans relating
to water resources, based on statutory policies and directives. The waters of the state are among
its most basic resources. Such waters should be managed to conserve and protect water
resources and to realize the full beneficial use of these resources.
(18) "Florida water plan" means the state water resources plan developed by the
department pursuant to s. 373.036.
(19) "District water management plan" means the regional water resources plan
developed by the governing board pursuant to s. 373.036.
(20) "Regional water supply plan" means a water supply plan developed by the governing
board pursuant to s. 373.0361.
(21) "Water resource development" means the formulation of regional water resource
management strategies. including the collection and evaluation of surface water and groundwater
data: the development of regional water resource implementation programs: and the construction.
operation, and maintenance of major public works facilities to provide for flood control, surface
and underground water storage, and groundwater recharge augmentation.
(22) "Water supply development" means the planning. design, construction. operation,
and maintenance of public or private facilities for providing water for sale. resale, or end use.
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 and prepare a district water management plan. The district water management plans shall be
integral to the development thatpart of the Florida water plan and shall further the
implementation of the Florida water plan statewater use plan applicable t e distri.
Section 3. Section 373.036, Florida Statutes is amended to read:
373.036 Florida water plan: district water management plans State-waterise plan.--
(1) FLORIDA WATER PLAN.--
(a) The department, in cooperation with the water management districts, shall develop
the Florida water plan pursuant to this section.
(b) The Florida water plan shall serve to guide the implementation of department and
water management district statutory water resources responsibilities; communicate statutory
water resources goals and identify related statewide and regional issues and strategies; assist in
coordinating state, regional, and local water resources and land use planning; and evaluate and,
where needed, promote consistency among the water management districts in the implementation
of their water resources programs. The plan shall incorporate relevant portions of the district
water management plans and the water quality standards of the department.
(c) The Florida water plan shall set forth goals, 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 Florida water plan 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 water resources rule and shall be a part of the
Florida water plan. Upon its next amendment, the state water policy rule shall be renamed in
accordance with this section.
(d) Any amendments to the water resources rule shall be adopted by the secretary of the
department and shall be submitted to the President of the Senate and the Speaker of the House
within seven days of publication in the Florida Administrative Weekly. Such amendments will
not become effective until the conclusion of the regular session of the Legislature following their
(e) The department shall not develop or revise the Florida water plan or any portion of
the plan without first holding a public hearing at least 30 days in advance of its initial completion
The department shall proceed as rapidly as possible to study existing water sources in the state,
means and methuds of conseuving and augmenting such waters, existing and contemplated ned
and uses of wakte far ptection and puocreation of fih and wildlife, irigation, ning,
development, and domesti, municipal, and industrial use; and all other related subjects,
including drainage, recaination, flood plain or flod-hazard area zoing, and selection of
eseromir sites. The department shall cooperate with thie ExecAutive Office of the Governor, or its
successor agency, rgrs ely to formulate, as a functional element of a comprehensive stat,
plan, an integrated, coordinated plan f the se and deveopment of the waters of the state,
based on the above studies. This plan, with such amnndments, supplemIents, and additions as
may be nessaray from time to time, shall be known as Lthe state water use plan.
(2) DISTRICT WATER MANAGEMENT PLANS.--
(a) Each governing board shall develop a district 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 statutory water resources management
responsibilities and shall further the implementation of the Florida water plan. The plan shall
provide directions, strategies, and schedules for district activities. programs. and rules.
(c) The governing board shall not develop or revise its district water management plan
without first holding a public hearing at least 30 days in advance of its initial completion or
(3) GENERAL PLAN PROVISIONS.--The Florida water plan and each district water
management plan shall be developed in partnership with other agencies, units of government, and
interested parties and shall:
(a) Be based on at least a twenty-year planning period.
(b) Be consistent with this chapter, the state comprehensive plan, and the water resources
(c) Contain water resources goals, priority issues. 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 management.
(d) Take into consideration other state, regional. and local plans which affect water
(e) Provide linkages to budgeting and program development, including strategies to
identify the amount and sources of supplemental funding needed to implement the plan.
(f) Specify procedures for federal. state. regional. and local governmental coordination
and public participation in plan development which promote broad participation in the early
stages of plan development or revision.
(g) Identify strategies for better coordination of water resources and land use planning.
(h) Identify methods for assessing the effectiveness of plan implementation, including
performance indicators. In coordination with each other, the department and the water
management districts shall evaluate plan priorities annually. The Florida water plan and each
district water management plan shall be updated at least once every five years.
(4) In order for any portion of the Florida water plan or a district water management plan
to be legally binding, that portion must be implemented by rule. The Florida water plan, each
district water management plan. and any rules adopted to implement the plans, shall be amended
as necessary to ensure effective water resources management.
(5) DISTRICT WATER MANAGEMENT PLANS; ADDITIONAL PROVISIONS.-
(a) In addition to the requirements of subsections (2) and (3), each district water
management plan shall include, but not be limited to:
1. Identification of water resource caution areas.
2. A schedule for the establishment, by rule or order. of minimum flows and levels
pursuant to s. 373.042 for priority surface and ground waters. By November 15 of each year, the
governing board shall update and submit to the department for review and comment a priority
list, with a five-year schedule, for establishing minimum flows and levels. The governing board
may submit the updated list as part of a district water management plan progress report. The
priority list shall be based on the importance of waters to the state or region 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 planning regions which singly or together
encompass the entire district.
5. Technical data and information prepared pursuant 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
of their local government comprehensive plan elements related to water resources or their public
facilities reports required by s. 189.415.
6. A district-wide water supply assessment, to be completed no later than July 1. 1998.
which determines for each water supply planning region:
a. Existing legal uses. reasonably anticipated future needs. and existing and reasonably
anticipated 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 legal uses and reasonably anticipated future needs.
and to sustain the natural systems.
c. Whether harm to the water resources or related natural systems has occurred or is
reasonably expected to occur, wholly or partially as a result of water withdrawals.
7. Any existing regional water supply plans or regional water supply plans developed
pursuant to s. 373.0361.
(6}-2 In the formulation of the district water management plan state water use pla, the
governing board department shall give due consideration to:
(a) The attainment of maximum reasonable-beneficial use of water resources for such
pUrposes as those refei ed toL in s .bsection1 ().
(b) The maximum economic development of the water resources consistent with other
(c) The management control of water resources suchwaters for such purposes as
environmental protection, drainage, flood control, and water storage.
(d) The quantity of water available for application to a reasonable-beneficial use.
(e) The prevention of wasteful, uneconomical, impractical, or unreasonable uses of water
(f) Presently exercised domestic use and permit rights.
(g) The preservation and enhancement of the water quality of the state and the provisions
f ith state water quality plan.
(h) The state water resources policy as expressed by this chapter.
Z7(f3) During the process of formulating or revising the Florida water plan or the district
water management plan state water se plan, the department or the governing board shall consult
with, and carefully evaluate the recommendations of, concerned federal, state, and local
agencies, particularly thr governing boards of the water management dsticts, and other
M(8(4) 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 department in the formulation and drafting of
those portions of the Florida water state plan applicable to the district.
(5) The depart tment shall nut adopt ur modify the state ate us plan or any portion
there witdwt first holding a public hearing on the matte. At leat 90 days in advance of sn
hearing, Lte department shall notify any affected auovning boar iad shall give notice f osu
hearing by publication within the affected eion pursuant to the provisions of chapter 120,
except suach notice by publication shall be extended at least 90 days in advance of such hearings.
(6) For the purposes of Lhis plan the depar nt inay, in consultation with the affected
govening board, divide each water management district into sections which shall confrin as
nearly as practicable to hydurlogically countollable areas and describe all waker resoutc with
(,9)(7) The department and governing board shall give careful consideration to the
requirements of public recreation and to the protection and procreation of fish and wildlife. The
governing board department may prohibit or restrict other future uses on certain designated
bodies of water which may be inconsistent with these objectives.
(LQ(8) The governing board department may designate 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 constitute an undesirable use for which the governing board may deny a permit.
(I1)(9) The governing board department may designate 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 improvement of the water resources of the area.
Such uses shall be preferred over other uses in the event of competing applications under the
permitting systems authorized by this chapter.
U(2)f0-) The department, in cooperation with the Executive Office of the Governor, or
its successor agency, may add to the state watese Florida 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, is created to read:
373.0361 Regional water supply planning.--
(1) By October 1. 1998. the governing board shall initiate water supply planning for each
water supply planning region identified in the district water management plan pursuant to s.
373.036, where it determines that sources of water are not adequate for the planning period to
supply water for all existing and projected reasonable-beneficial uses, and to sustain the water
resources and related natural systems, or where harm to the water resources or related natural
systems has occurred or is reasonably expected to occur wholly or partially as a result of water
withdrawals. Such planning shall be conducted in an open public process, in coordination and
cooperation with local governments, water suppliers, and other affected and interested parties.
(2) Each regional water supply plan shall be based on at least a 20-year planning period
and shall be completed within eighteen months of being initiated, unless a delay can be justified
to the department. Each plan shall include, but not be limited to:
(a) A clear statement of the objectives of the plan, including, but not limited to:
1. To meet the needs of all existing and projected reasonable-beneficial uses while
sustaining the water resources and related natural systems.
2. To identify a menu of options for water supply development.
3. To identify and guide funding of district water resource development projects.
(b) The technical data and information applicable to the planning region which are
contained in the district water management plan.
(c) Data on the needs of self suppliers, including projected uses.
(d) Available or potential sources of water supply, including traditional and alternative
(e) Conservation and other efficiency measures to be implemented to reduce per capital
(f) Water resource development projects that the district will undertake, along with an
implementation schedule, projected costs, and funding mechanisms.
(g) The minimum flows and levels that are established within the planning region.
(3) The governing board shall implement by rule those portions of each regional water
supply plan which are to be legally binding.
Section 5. Section 373.039, which relates to the Florida water plan, and subsections
373.026(10) and 403.061(33), which relate to state water policy, are hereby repealed.
Still need to amend the statutes that contain cross references