Title: Comments and Proposed Recommendations Accompanying Estus Whitfields's and Dan Stengle's Memo Dated Feb. 4, 1997
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 Material Information
Title: Comments and Proposed Recommendations Accompanying Estus Whitfields's and Dan Stengle's Memo Dated Feb. 4, 1997
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Comments and Proposed Recommendations Accompanying Estus Whitfields's and Dan Stengle's Memo Dated Feb. 4, 1997 (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 17
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004792
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.

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CARLTON FIELDS
ATTORNEYS AT LAW

215 SOUTH MONROE STREET. SUITE 500 MAILING ADDRESS:
TALLAHASSEE. FLORIDA 32301-1866 POST OFFICE DRAWER 190
TEL (904) 224-1585 FAX (904) 222-0398 TALLAHASSEE, FL 32302-0190

February 10, 1997

VIA TELECOPY

MEMORANDUM

TO: Paula Allen J

FROM: Jake Varn and Keith Hetrick

RE: Water Recommendations

Set out below are our comments and proposed amendments to
the proposed recommendations accompanying Estus Whitfield's and
Dan Stengle's memorandum dated February 4, 1997.

1. On pages 1 and 2, we would suggest that the four
findings be numbered.

2. On page 2, the margin for the second additional finding
needs to be adjusted.

3. On page 2, lines 18 through 21, see amendment no. 1.

4. The entire document needs to be reviewed and revised to
provide consistent language as to the recommended
legislative action. Recommendation 1. currently
provides: ". the Legislature update Chapter 373,
F.S. ." Recommendation 3. provides: ". the
Legislature direct the WMDs by statutes. ." We
would urge consistency of language throughout our
recommendations. All recommendations need to be
reviewed to ensure consistency.

5. On page 2, lines 34-35, see amendment no 2.

6. On page 3, lines 2-4, see amendment no. 3. The current
language is confusing and inconsistent.

7. On page 3, lines 16-17, see amendment no. 4. With
amendment nos. 1 and 2, the "state water policy rule"
is renamed and becomes part of the Florida Water Plan.

8. On pages 3-4, lines 21-40 and 1-9, we want to strike
all of the existing language of Recommendation 3. and
insert our language. See amendment no. 5.




CARLTON. FIELDS, WARD. EMMANUEL. SMITH & CUTLER. P.A.
TAMPA ORLANDO PLNSACOLA TAIIAHASSLE WEST PALM BEACH ST PETLRSBURG









MEMORANDUM
February 10, 1997
Page Two

9. On page 9, line 22, see amendment no. 6. We need to
add the proposed language to make it clear that there
must be enough water available for all existing users
as well as any new users that may need water.

10. On page 14, lines 16-17, see amendment no. 7.

11. With respect to table 2 on page 15, this table is
suppose to reflect new dedicated and recurring local
sources of funding for water supply development.
Private investment and special assessment are existing
sources of funding and for that reason should be
deleted from the table. In addition, with respect to
removing the sales tax exemption on bottled water, such
funds should go to local governments and utilities, not
the water management districts. The table should be
amended to reflect such.

12. I would urge the reformatting of our recommendations.
As presently presented, the recommendations do not
flow together.


JDV:dgb









AMENDMENT FORM: WATER SUPPLY DEVELOPMENT AND FUNDING
DOCUMENT
AMMENLENT NO. 1


Sponsor: varn

On page 2, line


1
Recommendation #:_
18-21
strike


and insert: There is a need for simplification and clarification of the
statutory water planning framework. We recommend that the Legislature


amend Chapter 373, F.S., to provide for one water plan at the state level.

We also recommend that Chapter 373, F.S., be amended to provide statutory

authorization for the District Water Management Plans (DUMPs). The


following statutory framework is proposed:


I









AMENDMENT FORM: WATER SUPPLY DEVELOPMENT AND FUNDING
DOCUMENT
AMENDMENT NO. 2


Sponsor: Varn Recommendation #:

On page 2 line _3, strike

all of said lines


and insert: The state water policy rule should be renamed the "water
and insert:
resources rule." The water resources rule shall contain the objectives,


strategies and criteria to be followed by the Department and the WlsDs

in the implementation of their various programs consistent with the

policies and statutory authorities in Chapters 373 and 403, F.S.









AMENDMENT FORM: WATER SUPPLY DEVELOPMENT AND FUNDING
DOCUMENT
AMENDMENT NO. 3


Sponsor: Varn


Recommendation #: 1


On page 3, line 2-4, strike

all nf said lines



















and insert: District Water Management Plans -- These are detailed plans

covering the three areas of responsibility. DWRPs would include,

among other things:










AMENDMENT FORM: WATER SUPPLY DEVELOPMENT AND FUNDING
DOCUMENT

AMENDMENT NO. 4


Sponsor: varn Recommendation #: 2

On page 3 line 16-17 strike

"and the State Water Policy rule."


and insert:


A








AMENDMENT FORM: WATER SUPPLY DEVELOPMENT AND FUNDING
DOCUMENT
AMENIIMET NO. 5


Sponsor: varn


Recommendation #:


On pages3-4 ,line 21-40 and 1-9s
Onpage_ _line__ strike

all of said lines



















and insert: the attached language.


3









1 On pages 3 and 4, strike all of item 3 and insert the following:
2
3 3. The WMDs should conduct regional water supply planning in an
4 open public process, in coordination and cooperation with
5 local governments, private suppliers, self suppliers, and
6 other affected and interested parties. We recommend that
7 Chapter 373, F.S., be amended to direct the WMDs to develop
8 regional water supply plans, through a public process, and
9 require RWSPs to include, among other things, a water supply
10 development component and a water resource development
11 component.
12
13 a. The water supply development component shall include
14 the following:
15
16 (1) A quantification of the water supply development
17 needs for all existing and future users for the
18 selected planning horizon;
19
20 (2) A menu of options of water sources for water
21 supply development that will more than meet the
22 needs of the quantities identified in (1) above
23 and from which local government and water supply
24 decision makers may choose; and
25
26 (3) For each water supply development option on the
27 menu, an estimate of the costs of developing the
28 option, an estimate of the amount of water
29 available for use, and the identity of potential
30 sources of funding from the WMD.
31
32 b. The water resources development component shall include
33 the following:
34
35 (1) A listing of water resource development projects;
36 and
37
38 (2) A listing for each water resource development
39 project identifying (a) the timetable for
40 implementing or constructing the project, (b) the
41 estimated costs for implementing and maintaining,
42 (c) an estimate of the amount of water to be
43 available as a result of the project, (d) sources
44 of funding, (e) the existence of any funding
45 shortfall, (f) who will implement the project, and
46 (g) how the project will be implemented.
47
48 In addition, each RWSP shall include consideration of how
49 the option or options addressed result in overall cost
50 savings through avoiding the loss of natural resources or
51 avoiding greater expenditures later associated with other
52 potential high cost projects for water resource development
53 or water supply development.


Y#49713.1







AMENDMENT FORM: WATER SUPPLY DEVELOPMENT AND FUNDING
DOCUMENT
AMENDMENT NO. 6


Sponsor:


varn


Recommendation #:___


On page line


22
strike


afn-ineert: after the words "ensuring water supplies are sufficient,"

insert "for all existing and future users"









AMENDMENT FORM: WATER SUPPLY DEVELOPMENT AND FUNDING
DOCUMENT
AMENDMENT NO. 7


49
Sponsor: varn Recommendation #:_

On page 14 lines 16-17 strike

everything after "water utility plans" on line 16.





















and insert:


,A




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