Title: Amendments to the Bitner Bill
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Permanent Link: http://ufdc.ufl.edu/WL00004783/00001
 Material Information
Title: Amendments to the Bitner Bill
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Amendments to the Bitner Bill (JDV Boc 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004783
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

8:45AM PAVE, GARNER FMY


PAVSE, GEw IER, AXnVlFI7LD,
Attorneys


DLTON, IURRISON & JENSEN
at Law


1833 Hendry
Post Office
Fort Myers,
Telephone:


DATE: 3/7/97


Street
Drawer 1507
Florida 33902
(813) 334-2195


TELECOPIER NUMBER (813) 332-2243


DELIVER TO:



FROM:


OUR FILE NO:


Jake Varn 904-222-0398


James F. Garner


62342.005


NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2

PLEaSE CONTACT SENDER IMMEDIATELY IF LESS THAN THE REQUIRED
NUMBER OF PAES ARRIVE OR IF TRENS=xSSION ERROR OCCURS.

SPECIAL INSTRUCTIONS: _Enclosed is the changes that I have made and distributed to
those in our group who might be redrafting. Please fax me any changes you might have made as
it relates to Pasco County and any changes you might have to the enclosed language to 904-531-
9648.


TRANSMITTED BY: Esther


DATE: 3/17/97


THE INFORMATION CONTAINED IN THIS FACSIMILE MSSn ~ IS ATTORNEY
PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR TEE USE
OF THU INDIVIDUAL OR ENTITY NAMED AS RECIPIENT. IF THE READER IS
NOT THE INTENDED RECIPIENT, BE EBRPEY NOTIFIED TEAT AYW
DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. IF YOU HEVE RECEIVED THIS COMUNICATION IN
ERROR, PLEASE NOTIFY US IIMMDIATELY BY TELEPHONE AND RETURN TEH
ORIGINAL MESSAGE TO US AT THE ADDRESS LOCATED ABOVE VIA THE U.S.
POSTAL SERVICE. THANK YOU.


TEL.COPIER TRIMI-TTAL C -OV)R -ssr


Mar. 17, 1997


No. 8064 P. 1/2




Mar. 17. 1997 8:45AM PAVF-S., GARNER FMY No. 8064 P. 2/2



Amendments to the Bitner Bill


The following changes were discussed with Jake Varn and Keith Hetrick of the home
builders and agreed to by them on Thursday afternoon 3/13/97. This deals with their concerns on
funding.

Page 10 line 1 after the word below insert the following- or is projected to be below

page 10 line 3 after practible. delete the balance of line 3 and all of lines 4 through 9 and
insert the following---No minimum flow or level established pursuant to this chapter shall be
implemented or enforced within the geographical area subject to a water resource development
program under s373.038 until such time as the water resource development program is adopted.
and any review of the adoption of the water resource development program pursuant to s373.038
is complete, and the plan so adopted is fully funded.

Caveat--- we may have to modify this as we go through negotiations with the
environmental community to allow for some type of implementation or enforcement prior to
adoption or fully funding if irrepairable harm can be shown. That is not being requested by Jake or
Keith.

Page 3 line 25 add a title Water Resource Development Programs

Page 3 between lines 13 and 14 add- (l Identify all objections or concerns of local
governments, government-owned and privately owned water utilities, self suppliers, and other
affected and interested parties.









Amendments to Bitner bill


1. p. 4, line 10, strike all of the line and insert the following:

(3) The water resource development program must:

2. p. 5., between lines 13 and 14 insert the following:

Wf Each water resource development program shall include a water supply
development component which shall include, but not be limited to.

1. A list of water source option for water supply development, including traditional
and alternative sources. from which local government. government-owned and privatelv-owned
utilities, self-suppliers, and other water supplier may choose. The quantity of water available
from these options shall exceed the needs identified in (a) above.

2. For each option listed in subparagraph 1. the estimated amount of water available
for use and the estimated costs of and potential sources of funding for water supply development.

3. A list of water supply development projects that are eligible for funding by the
district. In addition, the list shall indicate the amount of funding. if any. the district will make
available.

3. p. 5., line 23

Strike "Compile" and insert "Quantify the"

4. p. 5, line 10, after the period insert the following:

In addition, for each water resource development project identified the district shall
provide a timetable for implementing or constructing the project.

5. p. 6, between lines 2 and 3, insert the following:

2) Nothing in the water resources development program shall be construed to require
local government, government-owned and privately-owned utilities, self-suppliers or other water
suppliers to select an option for water supply development identified in the water resources
development program.

6. p. 10, strike all of lines 1 through 9 and insert the following:

(2L If the existing flow or level in a water body is below, or is projected to fall below.
the applicable minimum flow or level established pursuant to s. 373.042. the department or
governing board shall implement a recovery or prevention strategy, which includes the









development of additional water supplies and other actions, consistent with the authority granted
by this chapter, to:

(a) Achieve recovery to the established minimum flow or level as soon as practicable;
or

(b) Prevent the existing flow or level from falling below the established minimum
flow or level.

The recovery or prevention strategy shall include phasing or a timetable that will allow the
development of sufficient water supplies for all existing and projected reasonable-beneficial uses,
including new traditional or alternative water supplies, and implementation of conservation and
other efficiency measures, concurrent with any reductions in permitted withdrawals. Nothing in
this subsection shall be construed to limit or require reductions in permitted water use.

7. p. 10, between lines 11 and 12 insert:

(4) No minimum flow or level established pursuant to this chapter shall be
implemented or enforced within the geographical area subject to a water resource development
program under 373.038 until such time as the water resource development program is adopted
and any review of the adopted water resource development program is complete, and the plan so
adopted is funded and financially feasible.




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