Title: Meeting of Water Resources Coordination Commission
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 Material Information
Title: Meeting of Water Resources Coordination Commission
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jfake Varn Collection - Meeting of Water Resources Coordination Commission (JDV Box 39)
General Note: Box 29, Folder 5 ( Water Supply Issues Group (File 3 of 3) - 1996 ), Item 42
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004877
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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MEETING OF WATER RESOURCES COORDINATION COMMISSION


By
Dennis Barton


On June 17, the Water Resource Coordination Commission, a group of water management district
board chairs, executive directors, and DEP, DACA and DCA representatives created by executive
order, met in Tallahassee.

Attached is a chart presented at that meeting showing which of the WMD Review Commission
recommendations passed the 1996 legislature and which did not. It also shows which ones can be
implemented by rule and which ones should not be implemented at all (This chart was created by
agency and WMD staff and, in some cases, did not reflect the view ofWMD board members present).
There was consensus that items #25, #26, #34, #43, and #45 would be discussed again at the next
meeting.

, There was also discussion about minimum flows and levels. Draft proposals for the setting of those
flows and levels were made available by the districts.

There was discussion about the issue of water supply and development and Chuck Aller with the
Department of Agriculture and Consumer Affairs was put in charge of a small group to pull together
the best approach to do that. September 1 was targeted as the date the Commission wanted to have
something put together as the governor is apparently contemplating an executive order that would
establish a high profile study group on the issue.

A "Draft" work plan for the WRCC was distributed but not discussed. The memorandum of
understanding was not ready for signature so the WRCC will continue to be executive order driven,
at least until the next meeting.

Terry Pride announced that Phase One of the environmental resource permitting rule development
was final but indicated that Phase Two will be three months late in getting underway because of
budget reductions.

U ( I The next meeting will be held July 29 in Tallahassee.









DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Currently Can Do Need Not
doing Legisladon recommended

1. APPOINTED DISTRICT /
GOVERNING BOARDS
2. STAGGERED APPOINTMENT / / SWFWMD already staggered
OF GOVERNING BOARD appointments.
MEMBERS
3. DISTRICT OMBUDSMAN / /
4. EMPLOYMENT OF / / All Districts operating consistent
ATTORNEYS with proposed statuatory
language.
5. EXECUTIVE APPROVAL OF / HB2385
DISTRICT BUDGETS
6. EXECUTIVE REVIEW OF / /
DISTRICT ACTIVITIES
7. LEGISLATIVE ADOPTION OF /
WATER POLICY AND PLAN
8. LEGISLATIVE COMMITTEE / At discretion of President and
OVERSIGHT___ Speaker.
9. DISTRICT FISCAL YEAR / Constitutional referendum
The Legislature should consider needed. TRIM schedule
whether it would be advisable to modification out of sync with all
modify the districts" fiscal years to other AV taxing entities.
facilitate legislative review and adjust
TRIM requirements accordingly.
10. EQUALIZING /
CONSTITUTIONAL VILLAGE
CAPS
11. SUPPLEMENTAL FUNDING /
FOR LIMITED TAX BASES OF
DISTRICTS
12. STATE FUNDING FOR SWIM /
PROGRAM
Provide a permanent source of state
funding.


June 13. 1996







DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Currendy Can Do Need Not
doing Legisation recommended

13. ALTERNATIVE FUNDING /
SOURCES FOR STATEWIDE By
PROGRAMS Executive
Legislature could create a 9-member Order
commission.

14. USE OF LOCAL FUNDING / / Two recommendations.
FOR STATEWIDE PROGRAMS
The governing boards of the water
management districts have the
prerogative and the responsibility to
determine the priority and the extent to
which local funding is appropriate and
available to accommodate legislatively
mandated statewide programs.

15. DISTRICT BUDGET /
PROCESSES
Provide a copy of its proposed budget,
the past year's expenditures, and its
annual in-hour financial audit to the
Governor, the President of the Senate,
die Speaker of the House. The
Secretary of the Department of
Environmental Protection, and the
governing body of each county in
which the district has jurisdiction.

16. TRUTH-IN-MILLAGE /
ADJUSTMENTS
Chapter 200, Florida Statutes, should
be revised to permit more accurate
noticing of district tax rates.
17. DISTRICT BUDGET /
ADVERTISING
Should be expanded.
18. BUDGET FORMATS AND J
ALLOCATIONS
Districts should collectively standardize
their budget reporting formats.


June 13, 1996








DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Cwtrendy Can Do Need Not
doing Legislation recommended

19. UNIFORM PERMIT (a)/ (b)/ (a) Most applications consistent
(a) APPLICATIONS now.
(b) FEES (b) Should be based upon actual
cost structure of implementing
agency.

20. BALANCING AND /
PRIORITIZATION OF DISTRICT
RESPONSIBILITIES
In implementing this chapter, the
department or the governing board
shall construe and apply the policies in
this subsection as a whole, and no
specific policy shall be construed or
applied in isolation from the other
policies in this subsection.
21. BALANCING BY GOVERNING J / 373.223(3) F.S. (1995)
BOARD WHEN RESERVING Existing language sufficient
WATER
22. WATER SUPPLY /
The Florida Legislature should
emphasize that a primary mission of
the water management districts is
regional water supply planning,
regulation, research, and water
resource development.

23. WATER SUPPLY / /
DEVELOPMENT ON PUBLIC
LANDS

24. CONSUMPTIVE USE OF /
WATER
Continue to recognize that water is
considered a state resource, and
continue to regulate consumptive uses
of water.

25. CONSUMPTIVE USE PERMIT / / 373 currently allows for 20 year
DURATION Under For across permit duration.
The duration of a consumptive use specific the board
permit shall be 20 years. conditions. implemen-
tation


June 13, 1996








DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Currently Can Do Need Not
doing Legisadion recommended

26. PRIORITY AMONG / Shifts to prior appropriation of
COMPETING USES water. Conflicts with #24.
In weighing the public interest,
substantial weight shall be given to an
applicant seeking renewal of a permit.

27. CONCEPT OF "LOCAL / / Can do through rule making.
SOURCES FIRST"

28. FLOOD PROTECTION /
WORKS
Water management districts should
continue to construct, operate and
maintain multi-purpose regional flood
protection works and acquire lands for
flood protection purposes.
29. FLOOD PROTECTION (Water /
Ouantit) REGULATION
Maintain the current authority of
districts to regulate potential water
quantity impacts of water management
systems. Flood protection standards
should be established regionally by
each district as appropriate to address
regional variations in hydrologic
conditions.
30. AQUATIC PLANT CONTROL / / SB1986
The Legislature should increase funds
from the Fuel Tax Collection Trust
Fund and other sources.
31. WATER QUALITY /
STANDARDS
Where the Environmental Regulation
Commission has established a narrative
standard, a water management district
or the Department of Environmental
Protection may apply the standard by
calculating the constituent's maximum
load for a watercourse or water body.


June 13. 1996









DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Cureny Can Do Need Not
doig Legislaion recommended

32. LAND USE PLANNING / District's currently providing
The comprehensive plan shall include water resource information to
ground and surface water resources local governments.
and the present and future availability
of water supply.
33. MINIMUM FLOWS AND /
LEVELS

33. (a) Establish priority water /
bodies

33. (b) Scientific peer review / /"

33. (c) Definition of significant / 62-40 language sufficient
harm

34. ISSUANCE OF PERMITS BY /
DISTRICT STAFF
35. WETLANDS AND NATURAL /
SYSTEMS: CLARIFICATION OF
STATUTORY CRITERIA
Amend 373.414(2), Florida Statutes,
as follows: one or more size thresholds
of isolated wetlands below which
impacts on fish and wildlife and their
habitats will not be considered. These
thresholds shall be based on biological
and hydrological evidence and usage
by threatened or endangered species.
that shows the fish and wildlife values
of such areas to be minimal.

36. CONSISTENT PROCEDURAL / APA Bill establishes model rule
RULES AMONG DISTRICTS provisions. SB2288/2290

37. DISTRICT SUPERVISION OF /
CHAPTER 298 DISTRICTS
38. ALTERNATIVE DISPUTE /
RESOLUTION


June 13, 1996







DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Currenly Can Do Need Not
doing Legisladon recommended

39. RULEMAKING: LEAST COST / See APA Bill directives.
ALTERNATIVE SB2288/2290
all substantive rules adopted shall
represent the least cost alternative
while accomplishing the goals of the
statute being implemented and taking
into consideration the benefit to the
public at large and the cost to the
regulated community.
40. RULEMAKING: / See APA Bill revisions.
PRESUMPTION OF SB2288/2290
CORRECTNESS
41. BETTER COMMUNICATION /
WITH THE PUBLIC
42. MODIFICATIONS TO / / Interagency MOU pending.
AGRICULTURAL PERMITTING
Voluntary, integrated "whole farm" or
forestry management programs.
Consolidate separate permitting actions
for the same activity. Train staff to
have knowledge of agricultural
production practices.
43. ENVIRONMENTAL / Current provisions have
PROTECTION ACT (403.412, adequate safeguards.
F.S.)
44. NO INCREASED / Legislation not necessary.
REGULATION
Florida law should ensure that state
land acquisition programs do not
subject landowners to increased
regulatory requirements.

45. RESTRICTION ON USE OF /
MAPS
46. NOTICE TO PROPERTY / / SB770
OWNERS
47. VOLUNTARY NATURE OF / SB770
PARTICIPATION


June 13, 1996








DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Currently Can Do Need Not
doing Legiladion recommended

48. VOLUNTARY, INCENTIVE- / /
BASED ACQUISITION
PROGRAMS
49. ALTERNATIVE TAX (a)' (b)'
INCENTIVES
The water management districts and
Department of Environmental
Protection should
(a) evaluate existing tax law to identify
current incentives and
(b) develop and seek implementation of
alternative state and local tax
incentives for landowners who
participate in state land acquisition
programs.
50. DATA BASE FOR PUBLIC / /
LANDS
51. INTEGRATION OF LOCAL / /
GOVERNMENT PROGRAMS
52. COORDINATION OF / / To DEP.
ACQUISITION PROGRAMS
53. STREAMLINED ACQUISITION / Rule modifications needed.
PROCEDURES
The Commission encourages the
complete and expeditious
implementation of Chapter 94-240,
Laws of Florida, to facilitate the
acquisition of appropriate interests in
lands identified in state land acquisition
programs.
54. MODIFY RULES TO /
FACILITATE PROGRAM
IMPLEMENTATION

55. CONTINUATION OF P-2000 V
FUNDING


June 13. 1996







DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Currendy Can Do Need Not
doing Legisladon recommended

56. ADMINISTRATION OF P-2000 / /
AND CARL PROGRAMS
The Department of Environmental
Protection should be empowered to
delegate to the water management
district the responsibility for
administering the land acquisition
projects funded solely by the
Preservation 2000 Trust Fund or the
Conservation and Recreation Lands
Trust Fund.

57. IMPLEMENTATION OF MORE / To DEP and Auditor General.
EFFICIENT PROCEDURES
58. ANNUAL REPORT ON / DEP to take lead.
ACQUISITION PROGRAMS
59. FEDERAL COOPERATION /
The Legislature should enact a joint
resolution requesting Florida's
Congressional Delegation to develop
legislation which encourages federal
cooperation with states to protect
federal lands not currently designated
for conservation purposes.
60. COST/BENEFIT ANALYSIS OF / Analysis done on case by case
CONSERVATION PROGRAMS basis.
61. LESS-THAN-FEE SIMPLE / / SB770
INTERESTS IN LAND
62. DISTRICT ACQUISITION / SB770
PROGRAMS
Identification of lands that will
necessitate the purchase of fee simple
interests. Require preparation of a
cost/benefit analysis between
acquisition of a fee simple interest and
the proposed less-than-fee interest.
63. UTILIZATION OF LESS- / SB770
THAN-FEE ALTERNATIVES


June 13, 1996









DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


Recommendations Currently Can Do Need Not
doing Legislation recommended

64. REVIEW OF APPRAISAL / SB770
METHODOLOGIES

65. INVENTORY OF PUBLIC / /
LANDS

66. ANNUAL REPORT ON LESS- / SB770
THAN-FEE ACQUISITIONS

67. PUBLIC ACCESS TO STATE / / Will recommend changes as
AND DISTRICT LANDS needed.

68. PRIVATE MANAGEMENT OF / Evaluation effort not yet started.
PUBLIC LANDS

69. FUNDING FOR DISTRICT Codification not required.
LAND MANAGEMENT
70. CONCEPTUAL / /
MANAGEMENT PLANS
Prior to closing.
71. FINAL MANAGEMENT PLANS / /
Not more than one year from the date
that a district acquires an adequate
portion of a land acquisition project
area to substantially meet the
management goals.

72. UNIFORM CRITERIA AND / Interagency coordination started.
REPORTING FORMATS FOR
CONCEPTUAL AND FINAL LAND
MANAGEMENT PLANS

73. EXOTIC SPECIES / /
MANAGEMENT PLANS

74. LONG-TERM MANAGEMENT / Interagency coordination
COSTS needed.
A report detailing the long-term
management costs for public
conservation lands.


June 13, 1996







DRAFT FOR DISCUSSION


Status of Water Management District
Review Commission Recommendations


June 13, 1996


Recommendations Currendy Can Do Need Not
doing Legislation recommended

75. ESTABLISHMENT OF / / HB2241
MITIGATION BANKS
Require cooperation with private and
nonprofit entities, local governments
and other state agencies to establish
mitigation banks and projects on
district or state lands.

76. IDENTIFICATION OF / Date not attainable.
MITIGATION BANK LANDS
Provide advance notice of areas that
could be available to offset the loss of
wetland function.

77. ANNUAL REPORT OF / Interagency coordination
ELIGIBLE MITIGATION BANK needed.
LANDS

78. EXPEDITED CONSIDERATION / HB2241
OF MITIGATION ALTERNATIVES
Procedures should (shall) expedite
the agency's consideration of
mitigation alternatives and increase
the level of certainty for permit
applicants.
79. COST OF MITIGATION / HB2241
ACTIVITY
Full cost of the mitigation bank activity
or project.

80. MITIGATION FUND / HB2241
ACCOUNTS
Establish separate accounts for
mitigation bank or project funds.




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