Title: Draft Legislation on Water Planning, For Implementing the Water Supply Development and Funding Work Group Recommendations, January 24, 1997 Draft
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 Material Information
Title: Draft Legislation on Water Planning, For Implementing the Water Supply Development and Funding Work Group Recommendations, January 24, 1997 Draft
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Draft Legislation on Water Planning, For Implementing the Water Supply Development and Funding Work Group Recommendations, January 24, 1997 Draft (JDV Box 39)
General Note: Box 29, Folder 4 ( Water Supply Issues Group (File 2 of 3) - 1996 ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004808
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
ECOSYSTEM MANAGEMENT


TO:


FROM:


JAKE VARN


TERRY PRIDE, 4


88-0784


Jake,

This needs more work. I've probably left out some thu
there needs to be adequate direction. Some of the jeist
consolidated with some of the new provisions, but I firs
existing law in contrast to the new stuff

Look it over and let's discuss it before you do anying
implementing the committee recommendations, so we d

You can call me today or review it over the weekend an

Terry


gs, but also it might be shortened, though
ng law can be rearranged and
wanted you and others to see what is,


with it. This really is work for
n't want to get crosswise with that.

i call me Monday.


Fax:904-922-53 Jan 24 '97
h


0:00 P. 01/08




LLUSYS I LM MRNRGEMENT Fax:904-922-53
141f.


DRAFT LEGISLATION ON WATER PLANNING


For Implementing the Water Supply Development
and Funding Work Group Re commendations


January 24, 1997 D AFT


Section 1. Subsection (16) of section 373.019, orida
subsections (18), (19), (20), (21), and (22) are added to ead:
373.019 Definitions.-When appearing in this pter
adopted pursuant thereto, the following words shall, s th
otherwise, mean:

(16) "State Water resource rule policy" the c
as adopted by the department pursuant to s. ..ZL,-, s 3
objectives, and guidance for the development and review of p
to water resources based n statutory policies anddireives.

its most basic resources. Such waters should be mana d to c
resources and to realize the full beneficial use of these es
(1 1 "Pinridan watsr nlan" mepann. the tatfit ,v r a


department pursuant to q. 373-036-
(19) "D~istrict water management plan" meanstt
daevelned hvy the governing board pursuant -o J"30


(20) "Regional water sun1v nalan" means a wa


--2-
board .ursuant to s. 373.0361.

1211 "Water resource dev.lanment" means the


SStatutes, is amended and


or in any rule, regulation, or order
e context clearly indicates


comprehensive rule statewide-policy
2 .d. 403.061 setting forth goals,
programs, rules, and plans relating
The waters of the state are among
conserve and protect water
es.
rces nlan developed by the


o regional water resources plan


n,0


LI


i auiny ,ilad uviuyVC ou C u meY Lgvernmi


rbrmntntio n of reo'nianl wsttr r~rr_


management strategi-es. including the collection andi evaluation of surface water and groundwater

data: the development of regional water resource inplenentaton programs: and the construction
operation, and maintenance of major public worksifacil ties to provide for flood control. surface


underground water storage. and groundwater recha Iwe aupmentntinn


(22) "Water supply development" means the nl:


and maintenance of public or private facilities fnr nrnwi


ning. design. construction. Onera n


1


I~PYY


Iin& water fnr 1a rhalra arpr Pnr ii-


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ECOSYSTEM MANAGEMENT Faxy 904-922-53


P. 33/08


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 authorize d by the department to:
(7) repare; In cooperation with the department, assist in preparing the Florida water
nlan ard nrenare a district water management nlan. The district water management nlans shall he


integral to the development that-part of the Florida wnt
i element tion of the Florida water lan


rnla ant and Chl firthr thp.


mp alr pIU Y1. r- vr*
Section 3. Section 373.036, Florida Statutes is Peddto re
373.036 Foiawtrpa:dsrc ae adeetpas

(1) FLORIDA WATER PLAN.--
l a' The department, in cooperation wiLth hewa manageme


the Florida water nlan pursuant to this section.


(b~ TheElorida waternlanshall serve tn guide


water management district statutnrv~water resourcesres


water res~nirerrq onals and identify related sctatewid'e and


Coordinatinnstat&_ renionadand local water resources ~


- -- -Aa~-*
ad:
Stat water U JsplaMI.-


nt districts, shall develop


hAm imhb~mPntnti tin nf rAtn,,-im~ent anr


sensibilities: communicate statutory


regional issues and st atee'iesl assist in


nd land use lnannine: and evaluate and.


where needed, promote consistency among the water management districts in the implementation


of their water resources programs. The nian shall inco )orate relevant portions of the district


water mana ement lans and the w t


(c) The Florida water plan shall set forth goals objectives, and guidance for the
development and review of programs. rules. and plans ]elating to water resources_ based on
statutory policies and directives. This part of the Flori. a water plan shall be adopted by rule and
shall be called the "water resources rule." The existinC 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 stat[ water policy rule shall be renamed in
accordance with this section.
(d) Any amendments to the water resources ruld shall be adopted by the secretary of the
department and shall be submitted to the President of tl 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
adoption.



2


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(b) Th lrd wa -- t


hob im ......... UJ& U tr, eI tip I & QIY


w--te man-gyement dig irt -gatutory water resources re


L


urYIter rpmmirrosc mnlv "d idonfiN redntp-d -qt-q revional isqueg 2nd Aft-Atevip-q- 2vd- -Ir-tt in


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Jan 24 '97


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ECOSYSTEM MANAGEMENT F, 904-922-53


(-_0 The department shall not adoOt or revive the Florida water plan or any portion of the


nh~n withont first holdinp a uuhhir hparmnp' at least 6O dav~ in advance of adoption or revision.


Thc depawmtnt Shall pruoid as IAypidlY as pcwibit t sidy exiating war socmsu iun tle tlate,
iea- s aid Scthdao& ofuwnrc ing am ugmetiig au wa. s e-a tins and coaI inpla-tcd Incds
aal ues of wamat for puotutioln and xa^uo-ioin of fiad mwVldlife, i&igj3 an, miigr, Power
.~~ ~ ~~~ ~ ~ .. i bi --- ,


95, Up1HLeHL, duHAL,.bLLL, 1HMAHLely a
t HA LLAa
isoluding dainage., mkanadun, flwd plain us llwd lau


,~I 4tlA aNC U AbtAk aY JU LA.LV


,efvsir sies. Tht depaxunent shall cooperate with fei fx ivC Offic Of tI 6= Cv oIIUL, V i)


plani, an inltieated, cm dinated plan f1La tm us -and e.oplelLt of tle wLatIS Of the amLatL;
based on die abov, studiea. Tiis p.lan, with am_ wt.i I cnts, .supplement, and addito-'n a
may I be nwem y frou time to ime., shall a.be own s tIU ai wat. us- plan.
(2) DISTRICT WATER MANAGEMENT PLTNS .-

(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 carryinZ out its statute rv water resources management
responsibilities and shall further the implementation of he 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 re ise its district water manaaemant plan
without first holding a public hearing at least 6Q days in advance of adoption or revision.
(3) GENERAL PLAN PROVISTONS.-The El rida water plan and each district water

management plan shall be developed in partnership witi other agencies, units of government. and
interested parties and shall:
(a) Be based on at least a twenty-vear planning period.


ule.


() Be consistent with this chapter, the state coi nsrehensive plan. and the water resources


(c) Contain water resources Poals. priority isiog. strateies, and schedules in each of the


following four areas of responsibility:
1 Water supply protection and management.
2. Flood protection and floodplain management


3


4. Natural systems protection and management.


i


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._____* .- 00.4oft-ft% -~


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Jan 24 '97


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ECOSYSTEM MANAGEMENT Fax: 904-922-53


(-' Take into consideration other state, re .~nal. and local plans which affect water
resources.
(&) Provide linkages to budgeting and program development, including strategies to
identify the amount and sources of supplemental funding needed to implement the lan


(fD Specify procedures for federal- state regional. and local governmental coordination


and public narticination in nlan development which ror ote broad participation in the early
stares of plan development or revision.
(C) Identify strategies for better coordination of water resources and land use planning.
(h) Identify methods for assessing the effgtivein ss of plan implementation, including
performance indicators- In coordination with each other the department and the water
management districts shall evaluate plan priorities annu lly. The Florida water plan and each


district water management olan shall be undated at least once every five vears.


(4f Tn order for any nortion of the Florida water


o t be 1erally binding that por d


nlan or 2 diqtril-t waler TnaornMpnt nfin


hv rule. The Florida water nlan earch


district water management plan. and any rules adopted t3 implement the nlans- shall be amended
as necessary to ensure effective water resources management.
(5 DISTRICT WATER MANAGEMENT PLA NS: ADDITIONAL CONTENTS.-
fa() In addition to the requirements of subsections () and (3. each district water
management plan shall contain, 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 groInd caters. By November 15 of each year. the
governing board shall prepare and submit to the departn ent for review and comment a priority
list. with a five-year schedule, for establishing minimun flows and levels. The priority list shall
be based on the importance of waters to the state oi- region and the existence of or potential for
significant harm as set forth in q. 73 .042.
3. Established minimum flows andf levels.,
4. Identification of one or more water supply mning regions which singly or together
encompass the entire district.
5. Technical data and information prepared pur uant to ss. 373.0391 and 373.0395 for
each water supply planning region to hbe used in the di elopment of regional water supply plans
pursuant to s. 373.0361 and in assisting local governme t in the preparation and implementation



4


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Jan 24 '97


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ECOSYSTEM MANAGEMENT Fa,:904-922-53


of their local government comprehensive p!an e!-.ents related to water resources or their public
facilities reports required by s. 189.415.
6. A district-wide water supply assessment, to ie completed no later than July 1- 1998
which determines for each water supply planning ,eii:
P. Existing legal uses reasonably anticipate fi ture needs. and existing and reasonahly
anticipated sources of water and conservation efforts.
b. Whether existing and reasonably anicipated sources of water and conservation efforts
are adequate to supply water for all existing leal uses Ind reasonably anticipated future needs.


and to sustain the natural systems.


reasonably expected to occur. wholly or nartialv a as r


7~ Any P~yktinP rpu~inn~T uw2fer aittnnv fllnfl or


pursuant to s. 373.0361.

(6f2) In the formulation of the district waiterm
governing board department shall give due consideration
(a) The attainment of maximum reasonable-ben
ppuasa as those refeed to in subsec tioa (1).
(b) The maximum economic developmentioft
uses.
(c) The management control of such waters for
protection, drainage, flood control, and water storage.
(d) The quantity of water available for applica
(e) The prevention of wasteful, uneconomical,
resources.
(f) Presently exercised domestic use and pemi
(g) The preservation and enhancement of the
of dthe stat water quality plan.
(h) The state water resources policy as express
()(3) During the process of formulating Or rev
water management plan state wate um plan, the depa
with, and carefully evaluate the recommendationsiof, !.
agencies, patticialy the goerning boards f W I +
interested persons.

5


-pA nntilr"I evetpme hoe n,'i-,,-rpA A


sult of wntpr withdrnun1k


management plan stateL ater se pa, the
to:
ficial use of water resources forsch


Water resources consistent with other


such purposes as environmental


on to a reasonable-beneficial use.
practical, or unreasonable uses of water


rights.
iter quality of the state and the provisions


d by this chapter.
sing the Florida water plan or the district
nent or the governing board shall consult
ncerned federal, state, and local
anagemic nt disric-, and other


PPinnal urntPT Prrnnlu nl~n~ ~pvplnnprl


I i.I


r. Vnithj-- harm tn tho- umti-r rttivirmse fW MI, n


_ s hI MWMLA& LI A


C


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Jan 24 '97


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L-u T 'i mHIirlmR N i ax: al4-z2-S Jan 24 '97 0:03 -. ?/08




)(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 t in the formulation and drafting of
those portions of the Florida water state plan applicable to the district.
(5) The depaimuA shall not adopt- o mdiL y a.1 wate& use plan or any pitlui
'* '. -* <_. <*- .7 i_ t r


du=cila wiUAum 1nAL hulAing a pu ist hUui un UA m n. 110, Al .l.oI y0 day1 in avai.I, cc au s
having, de &paunu shall nuolify aly a0ff117 d 5oiiin1 boads, amidJ alihall give nic.. of such
leaving by publication within th, affuctd rgium pursuval to the provisions of chapter 120,
exept such notice by publication slall be extended at l-ast 90 days in advance of such hearings.



-d h h- -* ll l i J -- ________
(6) Poi t.lu yuaj.1.,as of Uia p~ 1.11 tie~ &?111.41157 1t.UL~litatio with the~ oaffete
5IJVI.ing boardLIJL, JAviA& cac waterL uianwatenl,au L UL~JI intoi isectuons Whichl saRal %.4Jr11f as
.%O*, #


each area
M()t( The department and governing board shal
requirements of public recreation and to the protection '
governing board department may prohibit or restrict oth
bodies of water which may be inconsistent with these o
U '(6) The overning board department may d
particular source of supply which, because of the nature
required, would constitute an undesirable use for which
"1 (9) The governing hoard department may d
particular source of supply which, because of the nature
required, would result in an enhancement or improvemc
Such uses shall be preferred over other uses in the ever
permitting systems authorized by this chapter.
U1.2)(Z) The department, in cooperation vith
its successor agency, may add to the state ter
directions, or objectives it deems necessary or desirable
or other agencies in the administration and enforcement
Section 4. Section 373.0361, Florida Statutes,i
373.0361 Regional water supply planninP.-
(1' Rvy Octnher 1 199R the nvernmin' hoard sh 1


. OAAI UI.l U a1 wa LaL LJUsvc.. w ii


I give careful consideration to the
d procreation of fish and wildlife. The
future uses on certain designated
jectives.
signate certain uses in connection with a
of the activity or the amount of water
the governing board may deny a permit.
signate certain uses in connection with a
of the activity or the amount of water
nt of the water resources of the area.
of competing applications under the


e Executive Office of the Governor, or
rida water plan any other information,
for the guidance of the governing boards
of this chapter.
created to read:


I initiate water sunnlv planning for each


water supply planning region identified pursuant to s. 33.036 where it determines that sources of

6


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ECOSYSTEM MANAGEMENT Fax:904-922-53


..C3/08


water zre not adequate for the planning period to S py water for all existing and prPitected

reasonable-beneficial uses. and to sustain the watr 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 waer withdrawals Such planning shall be

conducted in an open public process, in coordination and cooperation with local governments


uwatier srnnnlie,-q and other affected and interested nartie~.


(2) Each regional water supply plan shall be hared on at least a 20-vear planning period


and shall be completed within eighteen months ofbein'ainitiated. unless a delay can he justified


totnhp dhtrnutit 1Frh nian nhall inc~lrzAA h~it nnt hu. luinPtr d tt


1. To meet the needs of all existing and proie t

sustaining the water resources and related natural sy e


2. Tn identil., a mannl of nntiann fnr uwatarsiinn


3__To identify and guide funding! of district wati


d reasonable-beneficial uses while


y development


:r resource development orolects.


4. To provide action-oriented steps. with flexibliity but as much surety as possible for


water users.

(b) The technical data and information applicah

contained in the district water management plan.

(c) Data on the needs of self sunnliers. including


(d'l Available or potential sources of water; suan


P!) to he nlannilO' ru~oi.nn uxyhieh *t


g nroiected uses.


Iv. includuiw traditional and alternative


S

(e) Conservation and other efficiency mbasure to be implemented to reduce per capital


water use.

(f) Water resource development protects that th

implementation schedule projected costs and fundinO


SThe minimum flows and levels that esta
(q) The minimum flows and levels thar are esta


(1~ The onvarriino hoard shall imnlemen!~hv r~i


us nply olan which are to be lesal .


Section 5. Section 373.039, which relates ito th

373.026(10) and 403.061(33), which relate to state wabt


SAkrt,4rt uill iivnprtatrp 2 Tnnc urith


nechanismw u2


~lchpd ~u~thin thu. nT~rno' lvromnn


Ia thnse portions of each rep'ional water


t Florida water plan, and subsections

r policy, are hereby repealed.


Still need to amend the statutes tha contain cross references



7


water 1u1aliars nd gther affected and interested DII-rti


- w


(a) A clear statement of the objectives of the l:r- nldnbt o iie o


E


i.-


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. .T id n iy af... .. ............... .... fo w ...... .. .. f


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... .... .- I ........ .,- ... .... ...,la .....


I


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li


simple entation sc... ... .. ..... w .m s and fun .... ... ..............


- --


....... withi the.. ....


The governing board shall i_..n.lement !by le those portions of each regional W ateg_


JX


Jan 24 '97


0:03









&q7 uj~ ~~J@UDL


Amdu ~W%


RECEIVED

JAN ? 7 1997
Carton Fields Tallahassee
.|j>-h r v-m


Dennis Barton
857 E. Park Avenue
Tallahassee, FL 32301
904-681-2548 Phone
904-224-0279 Fax


MEMORANDUM


TO:


Water Supply Development and Funding Working Group


FROM:


Dennis Barton


Position Statement of AWWA on Water Supply Development and Funding


DATE:


January 24, 1997


Attached for your information and use in the upcoming meeting of the Water Supply
Development and Funding Working Group is the position of the Florida Section of the American
Water Works Association on that issue. As the Group continues to work toward solution of the
difficult issues surrounding water supply and funding, we hope you will consider these principles
and call upon AWWA to assist in any way you may consider helpful.

Attachment

cc: w/ Estus Whitfield
Paula Allen


File: AWWA CoreGp 1.24














POSITION PAPER
FLORIDA SECTION / AMERICAN WATER WORKS ASSOCIATION
Water Supply/Water Resource Development Funding


The American Water Works Association is an international
organization of water utility professionals throughout North
America. The Florida Section of the American Water Works
Association (FS/AWWA) represents most of the water utilities and
their customers throughout the State of Florida, supplying
billions of gallons of water to Florida residents daily.

Traditionally, local utility systems pay for development and
capital projects associated with water supplies through rates
paid by local utility customers. Although recent state
legislation mandated that water management districts provide
funds for alternative water supply projects, the amount of funds
provided by the water management districts is neither consistent
nor sufficient to address water supply needs, especially those
more regional in nature. In addition, many of these needs are
not just local, but are regional issues, or issues of general
public benefit that transcend the purview of local utility
systems. Funding for these items are more appropriately pursued
through broader means.

It is the position of FS/AWWA that it is the role of local
utility systems to meet needs relating to local water supply
through revenue from those directly benefiting from the water use
and that those needs that are of a regional or state nature
should be met through revenue other than utility rates.

With that basic premise, FS/AWWA suggest that:

New sources of funding, developed either regionally, state-
wide, or locally for water supply needs, should be used for
water supply needs and not be reallocated as a part of
general government budgeting to increase general fund
contributions at the state, regional, or local level.

* New Sources of locally derived funding, to be utilized for
water supply development projects, should not be subject to
funding of water supply projects that are necessitated by
state or water management district action that reduces
access to existing water supplies.





ECOSYSTEM MANAGEMENT


Fax:904-922-53


Jan 23 '97 13:18


FAX TRANSMISSION


No. of Pages: a
(Including cover sheets)


TO: Water Supply Doevopment and Funding Work
Group
(aee distribution below)

DATE: January 23, 1997


Gene Adamn, FL AUOCdli of Reeltors
Joseph W. Adcock AICP,. Camp Dreaer & McKee, Inc.
Paula Aen, Executive Office of th Governor
Chuck Aler, DACS
Eva Armstrong, Florida Audubon Society
Douglas E. Bar, NWFWMD
Dennis Barton,
Peter Belmont,
Frank Benardino, Dade County DERM
Wayne Bertech,
Bait Ibler, Sustainable Patnwerhips, Inc.
Henry Bittaker,
Daniel Blood, and Growth Mgmt Dept.
Gene Boles, Planning & Development Mgmt
Russ Bowman,
Janet Bowman,
Susan Brand, Senate Preldent's Office
Unda Branning, Senate Naturd Res. Committee
Wendy Brenner,
Judith Breuggeman, Offce of the Mayor
CharlO H. Bronson,
Barry Brooks,
David Browning, FL Asoc. of Broadcaster, Inc.
Butch Calhoun, FL Fruit & Vegetable Asasoc.
Bram Canter, WCRWSA
Susan Capiowe,
Paul Caroon, Exec. Oft. of the Governor
De Carper, Assoo. of Counties
Done Carroll, Letinen, O'Donnel, Fargu. & Relner
Ed Chance, Peace River Mansola Regional
JoAnn Chase, Public Service Commslason
David "Hap" Clark, Pasco Cty. Government Ctr.
Gllam N. Clark,
Anthony J. Clements, P.E., Mlami-Dade Water/sewr Dept.
Suzanne Cooper, Tampa Bay Regional Ping. Council
Isabel Coelo, Broard Cty. Interavernmental Afrs.
Sherry Coven, FL Regional Councils Assoc.
Larry Curtin,
Rick Dantler,
Norm Davis, Hllaborough Cy Water
Betsy Davis,
Ed de la Parle,
Bruce DeGrove, FL Phosphate Council
Mike Darning, Prry-Taylor Cty Chamber of Commerce
Bob Dennis, Bureau of State Planning
Marty Deterding, Rose, Sondstrom & Bentley
Bruc Daterding, DEP
Craig Diamond,
Chris Doolin, Robert P. Jones & Assoc.
Debbie Drake, The Nature Conservancy
Nancy Dufoe, OPPAGA
Martha Edenfeld, Pennington Law Firm
Jeff Elledge, SJRWMD
Gady Epstein,
Eric Ettera,
Jan Eversole, HRS/HSEH


Pleae phone 904481 784 If transmission
Irscenipltde.


M are Frrl, SWFWMD
ar Fergton,
Ron peand, P.E., Bares, Feuand & Assoca., Inc.
J Flaher,
Da Flak,
C Fletcher,
Wayn Flower, Lewi, Logman & Walker, PA.
Jms Fort, DACS
Khr Fly, Cty of Tmpa Water Dept
Fuler,
Jh Fumero, SFWMD
J J. Gallgher. County Administrator
Jim Garner,
Pt Gaason, Camp, Dresser and McKee
Cjey Gluckman, Gluckman & Gluckman
TraylGoldman,
Y~Gnateiger, SFWMD
oD u Guest, Sie Club Lgal Defense Fund
Tim Haag, Eacambia Utility Authorty
wHartsman, GFWFC
Ja Hayman, FL League of Cities
Kai Hebrank, FL Asoc. of Counties
KetA Hetrick FL Home Bulders Assoc.
M Hyl, Camp Dresser McKee
HCy Hobby,
Hollahan, Symmone Industries
S Hot. Hous Republican Office
SHopping, Hopping, Green, Sams & Smith
Vie Horton,
Pat Hubbell, SWFWMD
Robert T. Hugi, Florida Phosphate Council
C~aif Hunsicker, Manatee County Planning Dept.
Ba unter, AneC. of FL Community Developers
VUaim L Hyde, Gunstar, Yoaley Law Firm
LU Jaber, Pubic Service Comilslon
Mik Kerr,
Dn Kinleeing, Public Seivice Commission
Lea M. Kilinger, Gray, Harri & Robinson, PA.
Greq iela,
JV Knowl, Sarota County Utilties
Kucand, WheldonCusick and Assoc.
K uhL Office of Ag Water Policy
Jh Kynee, Mayr Office
i Lamb, MF& L
car Langston,
C.(Laabee, Utilies Puble Works City of Cocoa
Jan Latvala,
J"h Laurent,
PLh Leary, AICP, FL Farm Bureau
Did Lee. Broward County DNRP
Dider Lehinen. Lehdten, O'Donnell, Fargas & Reiner
Helen Levine, Hiborough County
Carl D. ttleled,
Chuck Ilejohn, FL Chamber, FES
Jant LLewellyn, Office of Water Policy, FDEP
Tyler MacMilan, NWFWMD


P.01/06





ECOSYSTEM MANAGEMENT


P. 02/06


Doug Mann, A. Duda & Sons
Saly Mann,
Kik Martin, Southern States Utiltie. Inc.
Suen Mason, SFWMD
Jim Maele,
Frank Matthews, Hopping, Green, Sams & Smith
Fred McCormack,
John MCCue,
Rchard McLean, SWFWMD
Pam McVety, FDEP
Mike McWeeny, Hilisborough County
Margie Menduni, Riledge Law Firm
Kathryn Mennela, SJRWMD
Ed MIIs,
Robert Miky,
John T. Mitchell, House Select Cor. on Water Policy
Karon Molloy, Speaker's Office
John Moyl4, Jr.,
Jim Muller, Muller & Aasoclat, Inc.
Sue MuNlns, FL American Planning Assoc.
Le Munroe, Senate Majety Offce
Cheter Murray, Walula County
Wendy Nro, FS/AWWA
Richard Owen, SWFWMD
Lynn Pappu Pappa, Me tcaland Jenk
Phlip Parsons,
Charle Pattimon, Dept. of Community Affairs
Avis H. Payne, House Naural Res. Committee
Timothy Perkine, Treatment Center
Karen Poterson,
Mike Petrovlch,
Tery Pride, Office of Water Policy
Joyce Pugh, House Natural Res. Committee
Jim Quinn, Resource Planning and Mgm
Mary Lou RaJchel, FL Photepte Counci
Fred Rapach, Palm Beach Cty Water Dept
John C. Rayson,
Fern Rcio, NWFWMO
Mark A. Relnech, Esq., Peppas, Metcalf & Jenkc, PA.
Roy A. Reynolde, toward Cty Waer Mgmt.
Robert M. Rhodes,
James Robrds, City of Winter Park
Jorge Rodriguez, Miami-Dde Water & Sewer
R. Z. Safty,
Diane Salz, FL League of Citie
Analey Samson, Sierra Club Legal Defense Fund
Ray Scott, Hou Water Policy
BN Sega. SJRWMD Governing Brd.
Carol Senne,
Jeff Sharksy, Capitol Strategle
Jack Shreve, Office of Public Counel
Mike Slayton, SFWMD
Rick Smith,
Ann Spencer Austn, Kvmer Construction, Inc.
Richard Stanberg, Ft. Pierce Utlities Authority
Dan Stegle, Exec. Office of the Goror
Mary Stewat, Leg latlve Affair
Nancy Stewart. Paco
Jake Stowre, Pine" County
Jackon Sullivan, Wthisoooche Regional Wtr. Supply Authorty
Tom Swlhart. FDEP
Pick Taley, Pinelas County Utilie
Koren Tyor. FDEP
Tim Taytor, FL Confllot Reedlution Conortium
Rafael Terraro, P.E., Southern States Utilties
Tresa Tinker, Govemor' Ofice
Lynn TIpton, FLC
Vic TecthinkFl
Jake Vam. Carlton, Fields


E.D. Sonny Vwgerg. Peace River/Manasota Regional
Rihard Voakle City of St Peterburg
Dave Vogel, Office OfAg Water Policy
Cathy Vogel, Povee, Garner, Haverfleld, Dalton,
Waynw Va., Senste Natural R@e. Committee
Sltve Walker, Lws, Longman & Walker PA.
ClWater. MIaml-ade Water/Sewr Dept
John Wael, SJRWMD
Wtlam R. Whiton City of Mton
July WUlams, COLA
Jotih!Wilie Pubic Serve Commission
GaryWillams FL Rural Water Aaoc.
G Vorg Wilon, NWFWMO Governing Board
el Wingo,
Sy Young, Pac County Courthouse
Jo Zimmerman, Manatee County Public works


























' ri












'1



l .


Fw:904-922-53


Jan 23 '97 13:19




ECOSYSTEM MANAGEMENT Fa 904-922-53 Jan 23 '97 13:19 P. C3/06

-Department of

Environmental Protection

Marjory Stoneman Douglas Building
Lawton Chiles 3900 Commonwealth Boulevard Virginia B. Wetherell
Governor Tallahassee. Florida 32399-3000 Secretary


TO: Water Supply Development and Fund Work Group
(Full Mailing List)

FROM: Tery Pride (.P-

SUBJECT: Upcoming Meetings

DATE: January 23, 1997


The next meeting of the full work group and both coi ittees is on Friday, January 31, from 9:00
to 3:00 in room 171 of the Betty Easley Conference C ter. We will again arrange to have lunch
delivered. Attached is a tentative agenda and a map t the conference center. Committee
agendas and materials will be faxed to core committee' i embers within the next few days.

The Funding Committee will meet also on Jamuary 29! 1:00 and on January 30 from 9:00 to
3:00, in room 152 of the Betty Easley Conference Cea r. We will arrange for lunch delivery on
the 30th, but not on the 29th.

Please call me at (904) 488-0784 if you have any q ons.

cc: Estus Whitfield
Dan Stengle

I














"Prorect, Conserve uni Muuge l orida's Enviromecnt and Natural Resoures"'
Pirmed on reqccded ppc.
_____________i *(.




ECOSYSTEM MANAGEMENT Fax:904-922-53


S .,", -. ..- t ,-.,





CAPITAL CIRCLE OFFICE CENTER
ALTERNATIVE ROUTES
From Airport: Ilight onto Capital Circle SW. Right onto Shumard Oak Blvd. (after
approximately 4 traffic lights) at the Capital CircleOffice Center.
From I-10: Take exit 31-B to Tallahassee (90 W t). Left onto Capital Circle SE. Cross
Apalachee Parkway, pass the Koger Center, Left 6nto Shumard Oak Blvd. At the Capital Circle
Office Center.
PARKING
Go pas Esplnnade Way, lu lu ef immediately pas the Gerald L. Gun .c Building. and park in the area to your right. This
parking area is behind the Easldc) Cenier, but you rnay cnicr the Cchncr through the cast entrance. The Easley Center
actually fuces Esplanade Wany.



Existing Buildings


SUnder Construction


Pavement

COriFF-'R& cF R .

I RczL (71-
\ mz(T~ O~)


Jan 23 '97 13:20


P.34/06





ECOSYSTEM MANAGEMENT Fa 904-922-53 Jan 23 '97 13:20 P.05/06
IL.LonFTICt.KeSOIUtlOn 'X:.-~U i-Lu-oU00 Jan ZI- L .i r.u w



Water Supply Development
and Funding Work Group Meeting
January 31, 1997

Proposed Objectives
STo ooeek consensus on development and funding committee
recommendations
To agree on a strategy and resporisbilitles for Interacting with
the legislature

Proposed Agenda
9:00 Work Group Plan for the Procee and the Day
(Inoluding adoption of the group dcislon rule see attached)

9:15 Consider Amendments to Draft Recommendations
(Please propose amendments to the draft recommendations
attached that will enhance acceptability to you and others. These
will be considered at the funding coinmlttee meetings on the 29 th.
and 30 th. and.the full work.aroup Meeting on the 31st.)

11:00 Meetings of committees andlor smaller wording
resolution groups (Lunch ordered In)

1:00 Consideration of Proposed Amendments from
Committees and/or Resolution Groups

2:00 Plenary Discussion of Next Stps

3:00 Meeting Adjourns




ECOSYSTEM MANAGEMENT Fa4:904-922-53
FL. Confl ict. eso lution .w -i.u


Jan 23 '97 13:20
| /U J .. -.


Water Supply Work Group
Proposed Final Decision Process

Definition of Cortnensue
The definition that the work group has bein using is that "consensus," at
best, is when everyone is satisfied they have an acceptable, quality
product, and at worst, everyone feels their concems have been considered
and they agree to not oppose the package.
Final Decision Rule

The Work Group's goal Is to arrive at al substantive decisions on its
recommendations jointly by consensus of the core group members. In
Instances where, after vigorously exploring plosble ways to enhance the
support for a recommendation or the report as a whole, this is not
achievable, decisions will require support of t least a 80% vote of all core
group members present and voting.


Recommendation Review AndiiA


mendm


Single recommendations or sections will be considered:
1. Core members may offer amendments tq a recommendation (other
participants should ask their representative core group member to
present their proposed amendments), .
2. Amendments will be considered in accordance with Robert's Rules of
Order. An amendment, as amended, must be approved by 80% of the
core group members present.
3. The recommendation must then be approved by 80% of the core group
members present.
4. Amendments to other recommendations n the section will be
considered. I
5. A vote will be taken on the section as a whole. It must be approved by
80% of the core group members present o be Included in the final
report.
After the committees and/or wording resolution groups have had a chance
to formulate consensus amendments for recommendations that do not
receive 80% support the full group will reconvene to:
1. Consider the proposed amendments to recommendations
2. Revote on sections of the work group report
3. Vote on the package of recommendations as a whole (80% approval).





.,


P. 06/06


E1 = = m .









Jake,


I asked one of my staff to look over the draft. Attached are his comments. I don't necessarily
agree with every point, but I've highlighted the ones that seem particularly to have merit, for
your consideration.


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.


Terry















II 6Z6+CAA



Ve6a










General Points


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-
ment:

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-
water intrusion.

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
enhancement.










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
otherwise, mean:
(16) "State Water resources rule policy" means the comprehensive rule statewide-policy
as adopted by the department pursuant to s. 373.036 ss. 373.02 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 that-part of the Florida water plan and shall further the
implementation of the Florida water plan state water u se plan applicable tothe district.
Section 3. Section 373.036, Florida Statutes is amended to read:
373.036 Florida water plan; district water management plans State water se lan.-
(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
adoption.


I










(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
or revision.
The department shall proceed as rapidly as possible to study existing water resources in the state,
inmeansa and methuds of cser ving and augmenting such waters; existing and contemplated need
and uses of wakte fr protection and ypocreation of fish and wildlife, ii-ga-tio-n, miniun p
developaunt, and domestic, municipal, and industrial uses; and all other related subjects,
including drainage, recilamnation, flood plain or flooud-hLaad area zoning, and selection of
reser voir sites. The department shall cooperate with the Exeuttive Office of the Covernor, or its
successor agency, pi si vely to formulate, as a functional element of a compehensive sta....
plan, an integated, uucodinated plan fr the us and development of te water of thje tate,
based on the above studies. This plan, with such amendments, supplements, and additions as
may be necessary fron tine to time, shall be lnown as the state water us 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
revision.
(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
rule.
(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
resources.
(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.
(f6)) In the formulation of the district water management plan state water use plan, 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 referred to in subsetion (1).
(b) The maximum economic development of the water resources consistent with other
uses.
(c) The management control of water resources such waters 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
resources.
(f) Presently exercised domestic use and permit rights.
(g) The preservation and enhancement of the water quality of the state and theprovisions
f te state water quality plan.
(h) The state water resources policy as expressed by this chapter.
(7(3) 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 the governi boards o.f the water management districts, and other
interested persons.
(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 department shall not adopt or modify the tate water use plan or any por tin
there without first holding a public hearing n th matter. At least 90 day in advance of sich
hearing, te department shall notify any affected governing boards, and lshall givie ntice f asch
hearing by publication within the affected r ion putsuant to the provisions of chapter 120,
except such notice by publication shall be extended at last 90 days in advan we f such hearing.
(6) For the purposes of this plan the depaartien may, in oum station with the affected
gverning board, divide each water management district into sections which shall confrmn as
nearly as practicable tL hydrologically controllable areas and describe all water resources within
each area
(9Zf(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.
(10)f() 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.
11)(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.
(2)(6O) The department, in cooperation with the Executive Office of the Governor, or
its successor agency, may add to the state water use 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
sources.
(e) Conservation and other efficiency measures to be implemented to reduce per capital
water use.
(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




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