Title: Memorandum Re: Water Amendments
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Title: Memorandum Re: Water Amendments
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Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Memorandum Re: Water Amendments (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004787
Volume ID: VID00001
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STEEL

HECTOR

BDAVIS


Steel Hector & Davis LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
904.222.2300
904.222.8410 Fax


Jacob D. Varn
MEMORANDUM




Sally Mann

Jake Varn ,J

March 21, 1997

Water Amendments

We have worked from the proposed legislation distributed at the Water
Coalition meeting on Thursday, march 20, 1997. We have prepared the
following amendments:

1. Section 373.036 Florida water plan; district water management plans

2. Section 373.038 Water resource development; water supply development

3. Section 373.0381 Water resource and supply development element

4. S. 373.536(5)(a) and (c)

In addition, we want to delete the proposed amendments dealing with s.
373.1961(10) and s. 373.236.

JDV:dgb
19182


Miami
305.577.7000
305.577.7001 Fax


West Palm Beach
561.650.7200
561.655.1509 Fax


Key West
305.292.7272
305.292.7271 Fax


Caracas
582.951.4105
582.951.4106 Fax


To:

From:

Date:

Re:









1 Section Section 373.036, Florida Statutes, is amended to read:

2 373.036 Florida water plan: district water management plans State watei use pla --

3 (1) FLORIDA WATER PLAN.--In cooperation with the water management districts

4 and others, the department shall develop the Florida water plan. The Florida water plan shall

5 include, but not be limited to:

6 ) The programs and activities of the department related to water resource and

7 supply development, water quality, flood protection and floodplain management. and natural

8 systems.

9 W) The water quality standards of the department.

10 W The district water management plans.

11 d~ Goals, objectives. and guidance for the development and review of programs.

12 rules, and plans relating to water resources, based on statutory policies and directives. The

13 existing state water policy rule. Chapter 62-40. Florida Administrative Code. shall serve as this

14 part of the plan. shall be known as the "water resource implementation rule." and shall be

15 renamed upon its next amendment. Amendments or additions to this part of the Florida water

16 plan shall be known as the "water resource implementation rule." and shall be renamed upon its

17 next amendment. Amendments or additions to this part of the Florida water plan shall be

18 adopted by the department as part of the water resource implementation rule. In accordance with

19 s. 373.114. the department shall review rules of the water management districts for consistency

20 with this rule. Amendments to the water resource implementation rule shall be adopted by the

21 secretary of the department and shall be submitted to the President of the Senate and the Speaker

22 of the House within seven days of publication in the Florida Administrative Weekly.









1 Amendments shall not become effective until the conclusion of the next regular session of the

2 Legislature following their adoption

3 The department shall proceed as rapidly as possible to study existing water resou es in the state,

4 eans and ml odIl f conserving and augmenting such v watIAer existing an1d contImplated n iee

5 and uses of water fo purotection and puoceIation offisih and wildlife, irrigation, inning, puwer

6 developimet, and ludomtic,, lnicipal, and industrial ses; and all ULhe related sbjts,

7 including drainage, eclamation, flood plain uo flood hazard aa tuning, and selection uf

8 Iser voir sites. The JdpautmnI t shall Ucooperi ate with tILAUle Ex ive Office uf thle Guovem, ul it.

9 scessor agency, piogressively to f rmulate, as a functional elment of a compreihusive state

10 plan, an integrated, cooudinated plan foi the use and deveolpment of the waters of hLi state, based

11 un the above studies. Tllds plan, with such amendments, supplements, and additiou as may be

12 Lneces, y film tlie to Lime, shall be known as the Lsate wateu uIs plan.

13 2) DISTRICT WATER MANAGEMENT PLANS.--

14 () Each governing board shall develop a district water management plan for water

15 resources within its region, which addresses water resource and supply development, water

16 quality. flood protection and floodplain management, and natural systems. The district water

17 management plan shall be based on at least a twenty-year planning period, shall be developed

18 and revised in cooperation with other agencies. units of government and interested parties. and

19 shall be updated at least once every five years. The governing board must hold a public hearing

20 at least 30 days in advance of completing the development or revision of the district water

21 management plan.

22 (b) The district water management plan shall include, but not be limited to:

2









1 L The scientific methodologies for establishing minimum flows and levels pursuant

2 to s. 373.042, and all established minimum flows and levels.

3 2 Technical data and information prepared pursuant to ss. 373.0391 and 373.0395.

4 Identification of one or more water supply planning regions, which singularly or

5 together encompass the entire district.

6 4 A district-wide water supply assessment, to be completed no later than July 1,

7 1998. which determines for each water supply planning region:

8 a Existing legal uses. reasonably anticipated future needs, and existing and

9 reasonably anticipates sources of water and conservation efforts.

10 h. Whether existing and reasonably anticipated sources of water and conservation

11 efforts are adequate to supply water for all existing legal uses and reasonably anticipated future

12 needs. and to sustain the natural systems.

13 5J A water resource and supply development element as described in s. 373.0381.

14 (W) If necessary for implementation, the governing board shall adopt by rule or order

15 relevant portions of the district water management plan. to the extent of its statutory authorities.

16 (d)W In the formulation of the district water management plan statewaterplan, the

17 governing board department shall give due consideration to:

18 1 The attainment of maximum reasonable-beneficial use of water resources forsuch

19 purpose as those referred t in subsection (1).

20 2, The maximum economic development of the water resources consistent with other

21 uses.









1 The management control of water resources suchwaters for such purposes as

environmental protection, drainage, flood control, and water storage.

4 The quantify of water available for application to a reasonable-beneficial use.

5. The prevention of wasteful, uneconomical, impractical, or unreasonable uses of

water resources.

6. Presently exercised domestic use and permit rights.

Z The preservation and enhancement of the water quality of the state andthe

pavisi s f the Lsate water quality plan.

8. The state water resources policy as expressed by this chapter.

(3) During the procs f fourmulating Ou revising the state water use plan, the

depatment shall consul with, iand car fly evaluate i t ecOM mn ndations of, concerned federal,

state, and local agencies, paticularly the gouveringu boards of the vvate management districts,

and other interested persosm.

(4) Each g.uven ing board is, directed to cooperate with the depa_ tient in conducting



a techlnial nature, and to advise and assist the department in the fomiulation and drafting of

those puotious of the state plan applicable to the district.

(5) The depar tment shall nunot adupt uo modify the state water use plan uor any position



hevaing, the department shall notify any affected gouvning boards, and shall give notice of u

hfreing by publication within the affvlected 1regi pumrsuat to the puovisions of chaptPe 120,

xcept sua notitc by publication shall be etendJe at least 90 days in advance f such having.

4









1 (f6) fo the pur poses of this plan the depa tient may, in onsultation vvith the afted

2 ruvening bacud, divide each water management distrmi iLnto sections which shall conform as

3 nearly as practicable to hyidrugically conillable aeas and descibe all wat resources within

4 earcharear

5 (4)A The department and governing board shall give careful consideration to the

6 requirements of public recreation and to the protection and procreation of fish and wildlife. The

7 department or the governing board may prohibit or restrict other future uses on certain designated

8 bodies of water which may be inconsistent with these objectives.

9 (X8) The governing boar department may designate certain uses in connection with a

10 particular source of supply which, because of the nature of the activity or the amount of water

11 required, would constitute an undesirable use for which the governing board may deny a permit.

12 1.(9) The governing board department may designate certain uses in connection with a

13 particular source of supply which, because of the nature of the activity or the amount of water

14 required, would result in an enhancement or improvement of the water resources of the area.

15 Such uses shall be preferred over other uses in the event of competing applications under the

16 permitting systems authorized by this chapter.

17 (2~(-) The department, in cooperation with the Executive Office of the Governor,

18 or its successor agency, may add to the state watese Florida water plan any other information,

19 directions, or objectives it deems necessary or desirable for the guidance of the governing boards

20 or other agencies in the administration and enforcement of this chapter.

21

22









1 Section Section 373.038, Florida Statutes, is created to read:

2 373.038 Water resource development; water supply development.--

3 ,) The Legislature finds that:

4 The proper role of the water management districts in water supply is primarily

5 planning and water resource development, but this does not preclude them from providing

6 assistance with water supply development.

7 h) The proper role of local government. regional water supply authorities, and

8 government-owned and privately owned water utilities in water supply is primarily water supply

9 development, but this does not preclude them from providing assistance with water resource

10 development.

11 ( Water resource development and water supply development must receive priority

12 attention, where needed, to increase the availability of sufficient water for all existing and future

13 reasonable-beneficial uses and the environment.

14 2 It is the intent of the Legislature that:

15 a Water management districts take the lead in identifying and implementing water

16 resource development projects, and be responsible for securing necessary funding for regionally

17 significant water resource development projects.

18 (b Local governments and government-owned and privately owned water utilities

19 take the lead in securing funds for and implementing water supply development projects.

20 Generally. direct beneficiaries of water supply development projects should pay the costs of the

21 projects from which they benefit. and water supply development projects should continue to be

22 paid for through local funding sources.









1 W Water supply development be conducted in coordination with water management

2 district regional water supply planning and water resource development

3 W The water management districts shall fund and implement water resource

4 development as defined in s. 373.019. Each governing board shall include in its annual budget

5 the amount needed for the fiscal year to implement water resource development projects. as

6 prioritized in its regional water supply plans.

7 4)(a) Water supply development projects that are identified in water management

8 district regional water supply plans as being of greater public good are eligible for funding

9 assistance from the state and the water management districts.

10 1) To be of great public good. a project must be of regional or statewide significance.

11 must be found to be consistent with the relevant regional water supply plan. and must:

12 1. Support establishment of a dependable. sustainable supply of water which is not

13 otherwise financially feasible:

14 2, Be environmentally superior to other available alternatives in preventing or

15 limiting adverse water resource impacts. but require funding assistance to be economically

16 competitive with other options: or

17 3. Significantly implement reuse, storage. recharge. or conservation of water in a

18 manner that contributes to the sustainability of regional water sources.

19 Section Section 373.0381, Florida Statutes, is created to read:

20 373.0381 Water resource and supply development element.--

21 U By October 1. 1998. the governing board shall initiate preparation of a water

22 resource and supply development element for each water supply planning region identified in the

7









1 district water management plan under s. 373.036. when it determines that sources of water are

2 not adequate for the planning period to supply water for all existing and projected reasonable-

3 beneficial uses and to sustain the water resources and related natural systems. The preparation of

4 the element must be conducted in an open public process, in coordination and cooperation with

5 local governments. government-owned and privately-owned water utilities. self-suppliers, and

6 other affected and interested parties.

7 (2} Each water resource and supply development element shall be based on at least a

8 20-year planning period and shall include, but not be limited to:

9 ) A water supply development component that includes:

10 L A quantification of the water supply needs for all existing and reasonably

11 projected future uses within the planning horizon.

12 2. A list of water resource options for water supply development, including

13 traditional and alternative sources, from which local government, government-owned and

14 privately owned utilities. self-suppliers, and others may choose. which will exceed the needs

15 identified in subparagraph 1

16 1 For each option listed in subparagraph 2.. the estimated amount of water available

17 for use and the estimated costs of and potential sources of recurring. broad-based and dedicated

18 funding for water supply development

19 4 A list of water supply development projects that are of greater public good. as

20 defined in s. 373.038(4).

21 (h) A water resource development component that includes:









1 L A listing of those water resource development projects that support water supply

2 development

3 2. For each water resource development project listed:

4 a An estimate of the amount of water to become available through the project.

5 b. The timetable for implementing or constructing the project and the estimated costs

6 for implementing and maintaining the project.

7 c Sources of funding and funding needs.

8 d. Who will implement the project and how it will be implemented.

9 W The plan for funding water resource development projects shall be financially

10 feasible. The funding for such projects shall be reasonable and sufficient to pay the cost of

11 construction or implementing all of the listed projects.

12 Wd Consideration of how the options addressed in paragraphs (a) and (b) serve the

13 public interest or save costs overall by preventing the loss of natural resources or avoiding

14 greater future expenditures for water resource development or water supply development.

15 However. unless adopted by rule. these considerations do not constitute final agency action.

16 (e The technical data and information applicable to the planning regional which are

17 contained in the district water management plan and are necessary to support the regional water

18 supply plan.

19 f( The minimum flows and levels established for water resources within the

20 planning region









1 )g An identification of the objections or concerns. if any. of local governments.

2 government-owned and privately owned water utilities. self-suppliers and other affected and

3 interested parties.

4 (3) Each water resource and supply development element shall be adopted by the

5 governing board and shall be subject to review as an order under s. 120.59. Upon adoption of the

6 element, the water management district shall initiate rulemaking. pursuant to chapter 120. to

7 adopt necessary rules to implement the element. Such rules must be financially feasible.

8 4) Nothing in the water resource and supply development element shall be construed

9 to require local government. government-owned and privately-owned utilities, self-suppliers or

10 other water suppliers to select an option for water supply development identified in the element.

11 No minimum flow or level established pursuant to this chapter shall be

12 implemented or enforced until such time as the review of an adopted water resource and supply

13 development element is completed pursuant to section 120.59.

14 6) Water resource and supply development element initiated or completed by July 1.

15 1997. shall be revised. if necessary. to include a water supply development component and a

16 water resource development component under paragraphs (2)(a) and (b).

17 .() Beginning November 15. 1997. and annually thereafter, the department shall

18 submit to the Governor and the Legislature a report on the status of water resource and supply

19 development element in each district. This report shall include a compilation of the estimated

20 costs of and potential sources of funding for water resource development and water supply

21 development projects. as identified in the water management district water resource and supply

22 development element.









1 Section Paragraphs (a) and (c) of subsection (5) of section 373.536, Florida

2 Statutes, are amended to read:

3 373.536 District budget and hearing thereon.--

4 (5)(a) The Executive Office of the Governor is authorized to approve or disapprove, in

5 whole or in part, the budget of each water management district and shall analyze each budget as

6 to the adequacy of district expenditures related to water resource and supply development,

7 including water resource development projects identified in the district's water resource and

8 supply development element. In analyzing each water management budget's the Executive

9 Office of the Governor shall determine if the funds provided for in the water resources

10 development component of the water resource and supply development element are reasonable

11 and the funding plan is financially feasible.

12 (c) Each water management district shall, but August 5 of each year, submit to the

13 Dearptment of Environmental Protection, the Executive Office of the Governor, and the chairs of

14 the appropriations committees of the Legislature for review a tentatie budget that includes, but is

15 not limited to, the following information for the preceding fiscal year and the current fiscal yea,

16 and the proposed amounts for the upcoming fiscal year, in a standard format prescribed by the

17 department which is generally consistent with the format prescribed by legislative budget

18 instructions for state.

19 1. The millage rates and the percentage increase above the rolled-back rate, together

20 with a summary of the reasons the increases is required, and the percentage increase in taxable

21 value resulting from new construction;









1 2. For each program area, the salary and benefits, expenses, operating capital outlay,

2 number of authorized positions, and other personal services:

3 3 The total amount in the district budget for each area of responsibility listed in

4 paragraph (a) and for water resource development projects identified in the district's water

5 resource and supply development element.

6 4-3 A description of each new, expanded, reduced, or eliminated program;

7 54- A 5-year capital improvements plan; and

8 65- The funding sources, including, but not limited to, ad valorem taxes, Surface

9 Water Improvement and Management Program funds, other state funds, federal funds, and user

10 fees and permit fees for each program area.

11

12

13

14 19167









1 Section Section 373.036, Florida Statutes, is amended to read:

2 373.036 Florida water plan: district water management plans Stat ewati use plai --

3 (1) FLORIDA WATER PLAN.--In cooperation with the water management districts

4 and others. the department shall develop the Florida water plan. The Florida water plan shall

5 include, but not be limited to:

6 W) The programs and activities of the department related to water resource and

7 supply development. water quality, flood protection and floodplain management. and natural

8 systems.

9 () The water quality standards of the department.

10 The district water management plans.

11 () Goals. objectives, and guidance for the development and review of programs.

12 rules. and plans relating to water resources. based on statutory policies and directives. The

13 existing state water policy rule. Chapter 62-40. Florida Administrative Code. shall serve as this

14 part of the plan, shall be known as the "water resource implementation rule." and shall be

15 renamed upon its next amendment. Amendments or additions to this part of the Florida water

16 plan shall be known as the "water resource implementation rule." and shall be renamed upon its

17 next amendment. Amendments or additions to this part of the Florida water plan shall be

18 adopted by the department as part of the water resource implementation rule. In accordance with

19 s. 373.114. the department shall review rules of the water management districts for consistency

20 with this rule. Amendments to the water resource implementation rule shall be adopted by the

21 secretary of the department and shall be submitted to the President of the Senate and the Speaker

22 of the House within seven days of publication in the Florida Administrative Weekly.









1 Amendments shall not become effective until the conclusion of the next regular session of the

2 Legislature following their adoption.

3 The depai tenit shall proceed as r rapidly as possible tu study exisang i a w ,t e ouce in the state;

4 means and Iethoud, Of cnseving and augmenting such waters existing and countmplated Inede

5 and uss uOf vwatr fur prutectiun and purreatioun offish and wildlife, irigation, mining, poweu

6 development, and dunestic, maniuipal, and industrial uses and all other related subjects,

7 including drainage, reclamatio, flood plain ut flood hazard area uning, and selection of

8 rese voiu sites. The Udpar tment shall cooprate with the Exec.utiv Offic of tihe Uuvem, o its

9 sutccssur agency, progress si v ely to formulate, as a functional leienit of a comprehensi ve state

10 plan, an integrated, coordinated plan fr the use and de v opment of the water s f t1he stat, based

11 un tihe above udie. This plan, with such ammdments, supplemeits, and addition as may ,

12 iniesaiy fi m time to time, shall be kuowu n as tLh state water us plan.

13 (2) DISTRICT WATER MANAGEMENT PLANS.--

14 () Each governing board shall develop a district water management plan for water

15 resources within its region. which addresses water resource and supply development, water

16 quality. flood protection and floodplain management. and natural systems. The district water

17 management plan shall be based on at least a twenty-vear planning period. shall be developed

18 and revised in cooperation with other agencies. units of government, and interested parties, and

19 shall be updated at least once every five years. The governing board must hold a public hearing

20 at least 30 days in advance of completing the development or revision of the district water

21 management plan

22 h1) The district water management plan shall include, but not be limited to:

2









1 L The scientific methodologies for establishing minimum flows and levels pursuant

2 to s. 373.042. and all established minimum flows and levels.

3 2. Technical data and information prepared pursuant to ss. 373.0391 and 373.0395.

4 3. Identification of one or more water supply planning regions. which singularly or

5 together encompass the entire district.

6 4 A district-wide water supply assessment, to be completed no later than July 1.

7 1998, which determines for each water supply planning region

8 a Existing legal uses. reasonably anticipated future needs. and existing and

9 reasonably anticipates sources of water and conservation efforts.

10 bI Whether existing and reasonably anticipated sources of water and conservation

11 efforts are adequate to supply water for all existing legal uses and reasonably anticipated future

12 needs. and to sustain the natural systems.

13 5, A water resource and supply development element as described in s. 373.0381.

14 () If necessary for implementation, the governing board shall adopt by rule or order

15 relevant portions of the district water management plan, to the extent of its statutory authorities.

16 (d)(f In the formulation of the district water management plan statewater pln, the

17 governing board department shall give due consideration to:

18 1 The attainment of maximum reasonable-beneficial use of water resources for-such

19 purposes as those ifc~ rd to in subsection (1).

20 2. The maximum economic development of the water resources consistent with other

21 uses.









3 The management control of water resources suchwaters for such purposes as

environmental protection, drainage, flood control, and water storage.

4. The quantify of water available for application to a reasonable-beneficial use.

5 The prevention of wasteful, uneconomical, impractical, or unreasonable uses of

water resources.

6. Presently exercised domestic use and permit rights.

7 The preservation and enhancement of the water quality of the state and-the

pruvisiuns of kthe ate water quality plin.

8. The state water resources policy as expressed by this chapter.

(3) -Dring the piroess of furinuating or avising the State wate, use pla, the

department shall consult with, and ar fully e v aluate the econendatiuon of, concerned federal,

state, and luoal agencies, particularly ithe gvening bardi of the watae managmnt districts,

and uther interested person.

(4) -Eah gouvning buard is directed to oupeCrate with the department in conducting

bu veys and investigations of watei resources, to finish the department with all available data of

a Itecnilca natul, and to ad vise and Vsit the dIepwu Int in the fuImul atio and dr aftin I of

those purtions of the state plan applicable to the district.

(5) The deparmet shal not adopt or modify the state water use plan uo any puotiu

thereof without fist holding a public heing n th matter. At least 90 days in advance of such

hearing, ith depa liren shall ntfy any affectd ugoveing bads, anG d shall give nLotice of su

hearing by publication within the affected region pursuait to the piuvisiuos of chapter 120,

aexcpt such notice by publication shall bve extended at leas 93 days in advance of such heaingis.

4









1 (6) for the pur poses f tiis plan the department may, in cusultation with the affected

2 guvrning uiucu, divide each walte manag eUenit district iLnto stiLuons which all UconfoIL as

3 nearly as pyactclable ut hydroulogically ucntrullable ma es aid es aud J ill water iesouIes IlitUl

4 each area.

5 (44) The department and governing board shall give careful consideration to the

6 requirements of public recreation and to the protection and procreation offish and wildlife. The

7 department or the governing board may prohibit or restrict other future uses on certain designated

8 bodies of water which may be inconsistent with these objectives.

9 ((5) The governing board department may designate certain uses in connection with a

10 particular source of supply which, because of the nature of the activity or the amount of water

11 required, would constitute an undesirable use for which the governing board may deny a permit.

12 ()(9) The governing board department may designate certain uses in connection with a

13 particular source of supply which, because of the nature of the activity or the amount of water

14 required, would result in an enhancement or improvement of the water resources of the area.

15 Such uses shall be preferred over other uses in the event of competing applications under the

16 permitting systems authorized by this chapter.

17 (721t)( The department, in cooperation with the Executive Office of the Governor,

18 or its successor agency, may add to the sate water rse Florida water plan any other information,

19 directions, or objectives it deems necessary or desirable for the guidance of the governing boards

20 or other agencies in the administration and enforcement of this chapter.

21

22









1 Section Section 373.038, Florida Statutes, is created to read:

2 373.038 Water resource development water supply development.--

3 UI The Legislature finds that:

4 () The proper role of the water management districts in water supply is primarily

5 planning and water resource development, but this does not preclude them from providing

6 assistance with water supply development.

7 ) The proper role of local government. regional water supply authorities. and

8 government-owned and privately owned water utilities in water supply is primarily water supply

9 development, but this does not preclude them from providing assistance with water resource

10 development.

11 () Water resource development and water supply development must receive priority

12 attention. where needed, to increase the availability of sufficient water for all existing and future

13 reasonable-beneficial uses and the environment.

14 ) It is the intent of the Legislature that:

15 a) Water management districts take the lead in identifying and implementing water

16 resource development projects. and be responsible for securing necessary funding for regionally

17 significant water resource development projects.

18 (h) Local governments and government-owned and privately owned water utilities

19 take the lead in securing funds for and implementing water supply development projects.

20 Generally, direct beneficiaries of water supply development projects should pay the costs of the

21 projects from which they benefit. and water supply development projects should continue to be

22 paid for through local funding sources.









1 W Water supply development be conducted in coordination with water management

2 district regional water supply planning and water resource development.

3 44 The water management districts shall fund and implement water resource

4 development as defined in s. 373.019. Each governing board shall include in its annual budget

5 the amount needed for the fiscal year to implement water resource development projects. as

6 prioritized in its regional water supply plans.

7 (4)a Water supply development projects that are identified in water management

8 district regional water supply plans as being of greater public good are eligible for funding

9 assistance from the state and the water management districts.

10 4l) To be of great public good. a project must be of regional or statewide significance.

11 must be found to be consistent with the relevant regional water supply plan. and must:

12 L Support establishment of a dependable, sustainable supply of water which is not

13 otherwise financially feasible:

14 2. Be environmentally superior to other available alternatives in preventing or

15 limiting adverse water resource impacts, but require funding assistance to be economically

16 competitive with other options; or

17 3. Significantly implement reuse. storage, recharge. or conservation of water in a

18 manner that contributes to the sustainability of regional water sources.

19 Section Section 373.0381, Florida Statutes, is created to read:

20 373.0381 Water resource and supply development element.--

21 WU By October 1 1998 the governing board shall initiate preparation of a water

22 resource and supply development element for each water supply planning region identified in the

7









1 district water management plan under s. 373.036. when it determines that sources of water are

2 not adequate for the planning period to supply water for all existing and projected reasonable-

3 beneficial uses and to sustain the water resources and related natural systems. The preparation of

4 the element must be conducted in an open public process. in coordination and cooperation with

5 local governments. government-owned and privately-owned water utilities. self-suppliers, and

6 other affected and interested parties.

7 (2) Each water resource and supply development element shall be based on at least a

8 20-year planning period and shall include. but not be limited to:

9 ( A water supply development component that includes:

10 1 A quantification of the water supply needs for all existing and reasonably

11 projected future uses within the planning horizon.

12 2. A list of water resource options for water supply development. including

13 traditional and alternative sources. from which local government. government-owned and

14 privately owned utilities. self-suppliers, and others may choose. which will exceed the needs

15 identified in subparagraph 1.

16 3. For each option listed in subparagraph 2.. the estimated amount of water available

17 for use and the estimated costs of and potential sources of recurring, broad-based and dedicated

18 funding for water supply development.

19 4 A list of water supply development projects that are of greater public good. as

20 defined in s. 373.038(4).

21 h() A water resource development component that includes:









1 1 A listing of those water resource development projects that support water supply

2 development

3 2. For each water resource development project listed:

4 a An estimate of the amount of water to become available through the project.

5 b, The timetable for implementing or constructing the project and the estimated costs

6 for implementing and maintaining the project.

7 c Sources of funding and funding needs.

8 Who will implement the project and how it will be implemented.

9 ) The plan for funding water resource development projects shall be financially

10 feasible. The funding for such projects shall be reasonable and sufficient to pay the cost of

11 construction or implementing all of the listed projects.

12 4d Consideration of how the options addressed in paragraphs (a) and (b) serve the

13 public interest or save costs overall by preventing the loss of natural resources or avoiding

14 greater future expenditures for water resource development or water supply development.

15 However. unless adopted by rule. these considerations do not constitute final agency action.

16 W) The technical data and information applicable to the planning regional which are

17 contained in the district water management plan and are necessary to support the regional water

18 supply plan

19 (f) The minimum flows and levels established for water resources within the

20 planning region









1 g) An identification of the objections or concerns, if any. of local governments.

2 government-owned and privately owned water utilities. self-suppliers and other affected and

3 interested parties.

4 (. Each water resource and supply development element shall be adopted by the

5 governing board and shall be subject to review as an order under s. 120.59. Upon adoption of the

6 element. the water management district shall initiate rulemaking. pursuant to chapter 120. to

7 adopt necessary rules to implement the element. Such rules must be financially feasible.

8 (4) Nothing in the water resource and supply development element shall be construed

9 to require local government. government-owned and privately-owned utilities, self-suppliers or

10 other water suppliers to select an option for water supply development identified in the element.

11 ) No minimum flow or level established pursuant to this chapter shall be

12 implemented or enforced until such time as the review of an adopted water resource and supply

13 development element is completed pursuant to section 120.59.

14 L6) Water resource and supply development element initiated or completed by July 1.

15 1997. shall be revised. if necessary. to include a water supply development component and a

16 water resource development component under paragraphs (2)(a) and (b).

17 ) Beginning November 15. 1997. and annually thereafter, the department shall

18 submit to the Governor and the Legislature a report on the status of water resource and supply

19 development element in each district. This report shall include a compilation of the estimated

20 costs of and potential sources of funding for water resource development and water supply

21 development projects. as identified in the water management district water resource and supply

22 development element.









1 Section Paragraphs (a) and (c) of subsection (5) of section 373.536, Florida

2 Statutes, are amended to read:

3 373.536 District budget and hearing thereon.--

4 (5)(a) The Executive Office of the Governor is authorized to approve or disapprove, in

5 whole or in part, the budget of each water management district and shall analyze each budget as

6 to the adequacy of district expenditures related to water resource and supply development.

7 including water resource development projects identified in the district's water resource and

8 supply development element. In analyzing each water management budget's the Executive

9 Office of the Governor shall determine if the funds provided for in the water resources

10 development component of the water resource and supply development element are reasonable

11 and the funding plan is financially feasible.

12 (c) Each water management district shall, but August 5 of each year, submit to the

13 Dearptment of Environmental Protection, the Executive Office of the Governor, and the chairs of

14 the appropriations committees of the Legislature for review a tentatie budget that includes, but is

15 not limited to, the following information for the preceding fiscal year and the current fiscal yea,

16 and the proposed amounts for the upcoming fiscal year, in a standard format prescribed by the

17 department which is generally consistent with the format prescribed by legislative budget

18 instructions for state.

19 1. The millage rates and the percentage increase above the rolled-back rate, together

20 with a summary of the reasons the increases is required, and the percentage increase in taxable

21 value resulting from new construction;









1 2. For each program area, the salary and benefits, expenses, operating capital outlay,

2 number of authorized positions, and other personal services:

3 1 The total amount in the district budget for each area of responsibility listed in

4 paragraph (a) and for water resource development projects identified in the district's water

5 resource and supply development element.

6 43- A description of each new, expanded, reduced, or eliminated program;

7 54- A 5-year capital improvements plan; and

8 f.r The funding sources, including, but not limited to, ad valorem taxes, Surface

9 Water Improvement and Management Program funds, other state funds, federal funds, and user

10 fees and permit fees for each program area.

11

12

13

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