Title: Minimum Flows and Levels Draft Proposal
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 Material Information
Title: Minimum Flows and Levels Draft Proposal
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Minimum Flows and Levels Draft Proposal (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004784
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




Minimum Flows and Levels
DRAFT PROPOSAL
(From Governor's Work Group-Consensus not Reached)


373.1715 Minimum flows and levels; establishment and implementation.--
(1) 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 immediately initiate a recovery or prevention strategy, which includes
water resource development and other actions, consistent with the requirements and authority in
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 for water
resource development and water supply development, including new traditional or alternative
water supplies, and implementation of conservation and other efficiency measures, in
coordination with, and to the extent practicable concurrent with, any reductions in permitted
allocations or withdrawals.
(2) When establishing minimum flows and levels pursuant to s. 373.042, the
department or governing board shall consider alterations to surface waters, which were
authorized by a permit issued pursuant to part I or part IV of this chapter, which are exempt from
permitting under those provisions, or which existed prior to those provisions; and the effects such
alterations have had, and the constraints such alterations have placed, on the hydrology of
affected watercourses, surface water bodies, or groundwaters. Nothing in this subsection shall be
construed to limit or require water resource restoration.
(3) The provisions of this section are supplemental to any other specific requirements or
authority provided by law.










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information is Insufficient to determine source availability
the water management districts shall collect and evaluate
additional surfacewater or groundwater data.
(b) Quantify the water needs necessary to ma ntain the
functions of natural systems, recognizing meteor ical
events, surface alterations, and long-term and seasonal
fluctuations of water levels within the natu 1 systems and
proposed reservation of water under s. 373 23(3.
(c] Compile water suply needs o all existing and
projected reasonable-beneficial uses, based on a 20-year
planning horizon and usinq best ava able information. The


level of certainty associated witb/identifvinc the water


13 supply needs of existing and pr/lected reasonable-beneficial
14 uses must be based on the assurance that water is available to
15 meet those needs for a 1-i 10-year drought event without
16 imposition of water shor ta restrictions.
17 (d) Identify wer resource development projects
18 including capital im ovements and major public works
19 facilities necessa to address the shortfalls. Identify
20 reliable sources/ f district funding with which to Implement
21 the regional waer resource implementation proGrams, including
22 a defensible ash-flow analysis Identitfvina funding to
23 impDlement M/and acquisition for, and construction and operation
24 of. capital facilities or alternative sources, if identified,
25 and fuina to implement the noncapital components of the
26nttive.
27 (el Identify and correct existing district regulatory
28 impediments to the implementation of water resource
29 development projects and propose corrective measures for each
30 identified impediment beyond the control of the district.


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(41 Water resource development programs shall be
adopted by the Governing Board and are subject to review d an


order under s. 120.59. Upon adoption of a program, tjw water


management district will initiate rulemakinq und chapter 120


to adopt necessary rules to implement the wat r resource


development program.
(5) Beginning on January 1, 99, and each January
thereafter, the water management districts shall report to


thereor, ...e. water .......n t ./.ro.s shal .r-ave to I
Governor and Legislature on tha//rogress they have made In


implementing a water resource development program. The report


must address, at a iiuKalo h lmnsstfrhi


this section.
(6 In add tion to water resource development, the
districts shal if requested, provide assistance to regional
water supplyauthorities, counties, municipalities, public
water ulities, special taxing districts, or other units of
loca government for water supply development activities as


dined in s. 373.019(201.


Section 4. Section 373.042, Florida Statutes, 1996
Supplement, is amended to read:
373.042 Minimum flows and levels.--
(1) Within each section, or the water management
district as a whole, the department or the governing board
shall establish the following:
(a) Minimum flow for all surface watercourses in the
area. The minimum flow for a given watercourse shall be the
limit at which further withdrawals would be significantly
harmful to the water resources or ecology of the area.
(b) Minimum water level. The minimum water level
shall be the level of ground water groundwater in an aquifer
and the level of surface water at which further withdrawals


CODINGi Words stricken are deletionsp words underlined are additions.


a


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CODINGs Words stricken are deletions; words underlined are additions.










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FLORIDA SENATE 1997
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1 would be significantly harmful to the water resources of the
2 area.
3
4 The-mnim -fw-and-mnimum-waeer-ieve-shat-be-ca lted
C 1_ldL-.A tme"nt-fan_-_k-- ao _-rvernin -k...-c-o


*nformat*en-aea* able --Whcn-ftppopr*ateT-mtntm5 m-20ws-8ld


evels-may-be-eaculeated-to-reflect-seasonat-variationsT The
department and the governing board shall also consider, and at
their discretion may provide for, the protection of
nonconsumptlve uses in the establishment of minimum flows and
levels.
(2) By July 1, 1996, the Southwest Florida Water
Management District shall amend and submit to the department
for review and approval its priority list for the
establishment of minimum flows and levels and delineating the
order in which the governing board shall establish the minimum
flows and levels for surface watercourses, aquifers, and
surface water in the counties of Hillsborough, Pasco, and
Pinellas. The other districts shall also develop priority
lists and schedules for the establishment of minimum flows and
levels for surface watercourses, agulfers, and surface waters
in each district, The priority list must shall-be-based-upon
the-importance-of-the-waters-to-the-state-or-region-and-the
existence-of-o-potenttal-for-signficant-harm-to-the-water
reseurces-or-ecology-of-the-state-or-regionT-and-shaI include
those waters thA which are experiencing or may reasonably be
expected to experience experiencing adverse impacts and those
waters that which are identified under s. 373.038 as possible
new water supply sources 2f proposing-to-wtthdraw 5 million
gallons or more per day in the future. The development of the


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priority list does shalk not constitute a point of entry to an
administrative proceeding pursuant to chapter 120.
(3) Minimum flows or levels for priority waters in
Hillsborough, Pasco, and Pinellas counties must subsection-f2)
shall be established by October 1, 1997. Where a minimum flow
or level for the priority waters has not been established by
the applicable deadline, the secretary of the department
shall, If requested by the governing body of any local
government within whose jurisdiction the affected waters are
located, establish the minimum flows and levels in accordance
with the procedures established by this section. The
department's reasonable costs in establishing a minimum flow
or level shall, upon request of the secretary, be reimbursed
by the applicable district.
(4) All scientific or technical data, methodologies,
and models, including all scientific and technical assumptions
employed in each model, used to establish a minimum flow or
level are subject to independent scientific peer review.
Independent scientific peer review means review by a panel of
independent, recognized experts in the fields of hydroloy.,
hydrogeologyv limnology, biology, and other scientific
disciplines relevant to the establishment of the minimum flow
or level. The department or governing board shall give
significant weight to the final report of the peer review
panel when establishing the minimum flow or level.
15) Minimum levels may not be established for isolated
wetlands or surface waterbodies less then 25 acres in real
extent. Prior-to-the-establishment-of-minimum-flows-or-levels
for-water-resorces-aasareas-identifed-4n-subsection-t2T-and
prior-to-f-iing-any-petition-for-administrative-hearingT
scientific-or-technical-data-and-methodologiesy-it-in-disputeT


CODING: Words stricken are deletions words underlined are additions.


-Z 11 war


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shate -upon-written-request-to-the-governing-board-by-a
substantialy-affected-personT-be-subject-to-independent
sceentifie-peer-reviewT--The-members-of-the-peer-review-panel
sheai-be-selected-by-agreement-of-the-parties-in-interes
within-6e-days-after-receept-of-the-request--in-the-event-the


-- .--I


wafver-occursT-the-governtng-OBra-reay-proceea-co-e3tBOTlsn
the-mintimum-flows-and-leveST-The-cost-of-the-peer-review
shati-be-borne-equaely-by-the-part es-seiectlng-the-paneIT-to
the-extent-economicaly-feasibleT--The-panet-shall-conduct-at
least-one-public-meettng-of-the-fati-pnefl-in-accordance-with
sr-206Te++t+-and-f6t-prior-to-the-9submission-of-the-finni
reportT--The-panet-shall-submlf-a-fnat-report-to-the
i .IIlL.d.-.lJ -CIt-UMA- 4.


govetrnng Doar wn" t n ajsyv
by-ae-members-of-the-panet-and-agreement-c-the-partiesT-the
time-for-submittal-may-be-extended-for-up-to-3e-additiona
days7--in-the-event-the-fina -report-s-not-submitted-withtn
such-timeT-the-governing-board-may-proceed-to-establsh-the
minimum-flows-and-levets-pursuant-to-this-section7-P&3&ng-of-a
request-shall-toll-any-appicable-deadline-under-chapter-+2
or-other-law-or-district-rulefT-nt4i-6e-days-fohowing
submittal-of-the-final-report--Any-such-deadlines-sha- -also


e 0 e or ays V
agreement-of-the-parties-that-peer-review-wil-no-longer-be
d-. AX -&-.--&s _


requirements-of-chapter-et28-then-he-panet-shtl-submit-its
final-report-to-o-th-governing-board-withn-+29-days-after-the
completlon-of-the-process-required-pursuant-to-chapter-267 '
The-governing-board-shaB-gyie-signiicant-weight-to-the-finae


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report-of-the-panet-in-establishing-the-minimum-flow-or-levelr
'as-apprepriate-The-inal-report-may-also-be-entered-into-the
3 record-by-any-party-to-the-proceeding-in-which-the-minimum
4 flow-or-leve-i-s-applfcable7
5 l(6t5) If a petition for administrative hearing is
6 filed under chapter 120 challenging the establishment of the
7 minimum flows or levels, the report of the independent
8 scientific peer review is admissible as evidence in the final
9 hearing, and the administrative law judge hearing-officer must
10 render the final order within 120 days after the filing of the
11 petition. The time limit for rendering the final an order
12 shall not be extended except by agreement of all the parties.
13 To the extent that the parties agree to the findings of the
14 peer review panel, they may stipulate that those findings be
* incorporated as findings of fact in the final order.
16 Section 5. Section 373.0421, Florida Statutes, is
17 created to reads
18 373.0421 Establishment and implementation of minimum
19 flows and levels.--
20 (1) When establishing a minimum flow or level, the
21 department or governing board shall recognizes
22 (a) Existing permitted and other existing and
23 projected legal uses
24 (b) Existing uses of the land that cannot reasonably
25 be altered
26 (c) Hydrologic changes that have occurred as a result
27 of alterations to watersheds, surface watercourses, apuifers,
28 and surface waters, and the effects the alterations have
Placed on the hvdrology of the affected watershed, surface
0 watercourse, aauifer, or surface water


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panek-is-net-sel
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aereement-of-al-ttartiesT-the-time-may-be-welvedT-orT-t-no


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pursuedy-or-failure
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to
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meet en
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FLORIDA SENATE 1997 SB 1428
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d(l y ajura&r awasona an y --3 X --- --


water flows and levels;
(e) Flood protection needs, and

(fl Other uses made of the surface watercourse


aquifer, or surface water, including recreation in and on the
water, navigation, and other nonpermitted legal uses.
(2) When a flow or level is below the minimum

established under this section and s. 373.042, the department
or the district shall take action to achieve recovery of the
established minimum flow or level as soon as practicable. The
water management districts or the department shall offset any
adverse impact to the water supply of an existing permitted or


other legal use caused by the adoption or implementation of a
minimum flow or level, or in the case of a managed
surfacewater system by the adoption or Implementation of a

change in source or operation, by developing and funding
-**ffitti ut ater ilsu l r to ottset an lns nf connsumntive use


before the implementation of the minimum flow or level or
change in source or operation,
(31 The establishment of minimum flows and water

levels does not limit or require enhancement or restoration of
the natural system,
Section 6. Subsection (3) of section 373.223, Florida

Statutes, is amended to read:
373.223 Conditions for a permit.--
(3) The governing board or the department, by
regulation, may reserve from use by permit applicants, water
in such locations and quantities, and for such seasons of the
year, as in its judgment may be required for the protection of
fish and wildlife or the public health and safety. Such
reservations shall be subject to periodic review and revision
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in the light of changed conditions. However, all presently
existing legal uses of water shall be protected so long as
such use is not contrary to the public interest. The governing
board or the department shall offset any adverse impact to the


water supply of an existing permitted or other leaal use


6 caused by a reservation by developing and funding sufficient
7 water supply to offset any loss of consumptive use before


implementation of the reservation


Section 7. Sections 373.019(16), 373.026(10), 373.036,
373.039, and 403.061(33), Florida Statutes, are repealed.
Section 8. This act shall take effect upon becoming a
law.


*****************************************

SENATE SUMMARY
Revises and repeals various sections in chapters 373 and
403, F.S., relating to state water policy and water
resources development. (See bill for details.)
























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Florida House of Representatives 1997
103-156A-97


HB 715


Florida House of Representatives 1997
103-156A-97


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(d) To promote the availability of sufficient watery
for all existing and future reasonable-beneficial uses ad the
environment:
(L)(d) To prevent damage from floods, soil/erosion,
and excessive drainage;
i(f)e) To minimize degradation of wt r resources
caused by the discharge of stormwater;
(g)ff) To preserve natural res rces, fish, and
wildlife;
(h)fg) To promote the pu ic policy set forth in s.
403.021;
J(i)h) To promote creational development, protect
public lands, and assist in maintaining the navigability of
rivers and harbors; ad
Ilifl Oth wise to promote the health, safety, and
general welfare f the people of this state.


In implement ing this chapter, the department and the governing
board sall construe and apply the policies in this subsection
as a/hole. and no specific policy is to be construed or
a lied in isolation from the other policies in this
subsection.
Section 2. Section 373.0421, Florida Statutes, is
created to read:
373.0421 Establishment and implementation of minimum
flows and levels.--
(1) Hhen establishing minimum flows and levels
pursuant to s. 373.042. the department or aovernina board
shall consider changes and structural alterations to
watersheds, surface waters, and aquifers and the effects such
changes or alterations have had. and the constraints such
3
CODING: Deletions are strieken; additions are underlined.


HB 715


chances or alterations have placed. on the hydrolovy of an
affected watercourse, surface water body. or groundwaters.
(2) 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 strateov shall include phasina 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, Nothinq in this subsection shall be construed to
limit or require reductions in permitted water use.
(3) The provisions of this section are supplemental to
any other specific requirements or authority provided by law.
Nothing in this section shall be construed to limit or require
water resource restoration.
Section 3. Paragraph (a) of subsection of section
373.0693, Florida Statutes, is amended read:
373.0694 Basins; basi ards.--
(8)(a) At 11:5 m. on June 30, 1988, the area
transferred f he Southwest Florida Hater Management

CODIG: plen e k4 additions ar undrlin
CODIHG: p.1.tions are .trieken; additions are underlined.




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