Title: Water Supply Coalition - Draft Legislation for 1997 Regular Session - Legislative Policy and Primary Mission of Water Management Districts
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Permanent Link: http://ufdc.ufl.edu/WL00004895/00001
 Material Information
Title: Water Supply Coalition - Draft Legislation for 1997 Regular Session - Legislative Policy and Primary Mission of Water Management Districts
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Supply Coalition - Draft Legislation for 1997 Regular Session - Legislative Policy and Primary Mission of Water Management Districts (JDV Box 39)
General Note: Box 29, Folder 6 ( Water Supply Coalition - 1996 ), Item 17
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004895
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
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Maguire, Voorhis & Wells, P.A.
c4oauy eatSaw
315 SOUTH CALmouN STReeT, SUIrTE 05
TALLAHASSEE, FLORIDA 32301
TELEPHONE: (904) 513-777
FACSIMILE: (904)8134779



FACSIMILE MEMORANDUM


PLEASE NOTE:


TO: Ger
Bra
Wal
Jim
Kelt
Wa
Bill
Bill
Carl
Ste\
Chu


FROM: Sall

DATE: Dec

RE: Wat


ie Adams
m Canter
fne Flowers
Garner
th Hetrick
de Hopping
Hunter
Hyde
lyn Kowalsky
9e Lamb
ck Llttlejohn


y Mann


Doug Mann
Frank Matthews
Fred McCormack
Phil Parsons
Irene Quincey
Fred Rapach
SRoy Reynolds
Dale Twachtmann
Jake Varn
Cathy Vogel
Steve Walker


ember 17, 1996

er Supply Coalition Proposed Legislation


MESSAGE: Sorry I couldn't make It to the meeting today Attached are
legislation drafts I was a'posed to prepare, for your reading and marking-up
pleasure. Feel free to fax any suggestions to me at (904) 513-9779. Happy
Holidays to one and all!

IMPORTANT!! The information contained in this fasmile mnsage is intended for the use of the individual or entity to which it
is addressed It mqy contain Itfarmaion that is privileged confidential, or otherwise xewmpt by law from disclosure. Ifthe
reader ofthis message is not the intended recipient or an employee or agent responsible for delivering this message to its
intended recipient you are hereby notified sCta any dseminnatli disribution, or copying f this communication is strictly
prohibited you have received this communication is error, please not ws by telephone immediately longg distance, please
call collect) and return this communication to us at the above adds via the United States Postage Service. We will reimburse
youfor the ost ofthe return. Thankyou.
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Please deliver this fax to all parties listed below
who receive facsimiles at this number Thanksl


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Water SuDDly Coalltlan Draft Legislation for 1997 Regular Session
Legislative Policy and Primary Mission of Water Management Districts


1 Section _. Section 373.016, Florida Statutes, is amended to read:
2 373.016 Declaration of policy.-
3 (1) The waters In the state are among its basic resources. Such water have not
4 heretofore been conserved or fully controlled so as to realize their full beneficial use.
5 (2) It is further declared to be the policy of the Legislature:
6 (a) To provide an adequate. safe. dependable and affordable supply of water for
7 ail reasonable-beneficial uses in the state:
8 LM(~) To provide for the management of water and related land resources;
9 (bf) To promote the conservation, replenishment. recapturing. enhancement.
10 development, and proper utilization of surface wate and groundwatergreund -wtef
11 d(ce) To develop and regulate dams, impoundments, reservoirs, and other
12 works and to provide water storage for beneficial purposes;
13 f)(d) To prevent damage from floods, soil erosion, and excessive drainage;
14 J(fe) To minimize degradation of water resources caused by the discharge of
15 stormwater;
16 (g)z(f To preserve natural resources, fish, and wildlife;
17 lMfg) To promote the public policy set forth in s. 403.021;
18 (LU) To promote recreational development, protect public lands, and assist In
19 maintaining the navigability of rivers and harbors; and
20 W) To otherwise Otherwisete promote the health, safety, and general welfare
21 of the people of this state.
22 (3) The Legislature recognizes that the water resource problems of the state vary
23 from region to region, both in magnitude and complexity. It is therefore the intent of the
24 Legislature to vest in the Department of Environmental Protection or Its successor
25 agency the power and responsibility to accomplish the conservation, protection,
26 management, and control of the waters of the state and with sufficient flexibility and
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discretion to accomplish these ends through delegation of appropriate powers to the
various water management districts. The department may exercise any power herein
authorized to be exercised by a water management district; however, to the greatest
extent practicable, such power should be delegated to the governing board of a water
management district.
(4) it is further declared the Dolicy of the Legislature that a primary mission of
each water management district shall be to ensure that an adequate. safe. dependable
and affordable supply of water Is available for all reasonable and beneficial uses. Each
district shall exercise this responsibility indeDendent of delegation by the Department of
Environmental Protection and in accordance with the provisions of s. 373.0831.

L(4) It is further declared the policy of the Legislature that each water
management district, to the extent consistent with effective management practices,
shall approximate its fiscal and budget policies and procedures to those of the state.
























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Water SuoDly Coalition Draft Leaislation for 1997 Regular Seslion
Water Manaaement District Resoonsibility for Water Resource Deveaonment


1 Section Section 373.0831, Florida Statutes, is created to read:
2 373.0831 Water resource development: legislative direction to governing
3 bcards.-To make a sufficient supply of water available for all reasonable gnd
4 beneficial uses and to avoid the adverse effects of competition for water supplies.
5 the governing board of each water management district shall exercise the
6 following responsibilities for water resource development. consistent with sections
7 373.0695. 373.087. 373.106. 373.196 and 373.1961:
8 (1) Provide an adequate. safe. dependable and affordable supply of water
9 to serve all regions of the district:
10 (2) Provide for the replenishment. recapturing and enhancement of
11 groundwater and surface water resources of the district to augment available
12 water supplies:
13 (3) Encourage and promote the development of new technologies to fully
14 utilize all groundwater and surface water sources consistent with law:
15 (4L Collect data and conduct research studies to expand and improve the
16 use of groundwater and surface water sources for water supply purposes:
17 (5) Conduct demonstration or pilot projects that embody innovative
18 technologies for the use of groundwater or surface water sources for water supply
19 purposes: and
20 (6) Coonerate with and assist public and private water utilities in the
21 development of water supply delivery systems.


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Water SuDblv Coalition Draft Leguslatipn for 1997 Ragular Sess!on
Legislative Ratification of State Watp' Policy and Subseguent Amendments


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Section Subsection (16) of section 373.019, Florida Statutes, is
amended 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 policy" means the comprehensive statewide policy as
adopted by the department and ratified by the Leaislatura pursuant to as. 373.026
and 403.061 setting forth goals, objectives, and guidance for the development and
review of programs, rules, and plans relating to water resources. 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. "T- --"d Ue a nd Water Planning tak- foe was established by chapter
03-20, Laws of Florida, to formulate recommendations to the Legislature en the
relation hip between district wter m na-em..nt plans, the growth management
potion o-f the state comprehensive plan, regional policy plans, and cal
comprehensive plans. In order to provide for oonslstency btweoon groVth
management policy and water management policy tho tsak feroo shall make
recommendations to the 10 0 Legislature an the mechanisms and procedures for
catablishir.g rd am nding water r peli y. In an atternipt to consider these
recommendations and receive the benefit of a review by House and Senate natural
rctour-o eommittcc, the asm ndmAnta to chapter 17- 40, Florida Administrative
Code, adopted by Lthe nvirnmnt--aI Regulation Cmrn:missin n De ember 1, -- 103,
shall not become effetive until July 1, 1905.


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1 Section Subsection (10) of Section 373.026, Florida Statutes, is
2 amended to read:
3 373.026 General powers and duties of the department.-The department, or
4 its successor agency, shall be responsible for the administration of this chapter at
5 the state level. However, it is the policy of the state that, to the greatest extent
6 possible, the department may enter into interagency or interlocal agreements with
7 any other state agency, any water management district, or any local government
8 conducting programs related to or materially affecting the water resources of the
9 state. All such agreements shall be subject to the provisions of s. 373.046. In
10 addition to its other powers and duties, the department shall, to the greatest extent
11 possible:
12 (10) Adopt by rule a state water policy, which shall provide goals, objectives,
13 and guidance for the development and review of programs, rules, and plans relating
14 to water resources. The This state water policy shall be consistent with the State
15 Comprehensive Plan and may Include such department rules as are specifically
16 identified in the policy. The state water policy adopted by the department shall bh
17 presented to the Legislature for ratification during the 1998 Regular Session. The
18 1998 legislative proposal shall be prepared by the department and shall include
19 modifications necessary to incorporate any statutory revisions to Chapters 373 and
20 403 enacted during the 1997 Regular Session. Any existing provision of the state
21 water policy not legislatively ratified during the 1998 Regular Session shall be void
22 and unenforceable. After Initial legislative ratification, any amendment to the state
23 water policy adopted by the department shall not become effective until ratified by
24 legislative act.





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1 Section Subsection 33 of Section 403.061, Florida Statutes, is amended
2 to read:
3 403.061 Department; powers and duties.-The department shall have the
4 power and the duty to control and prohibit pollution of air and water in accordance
5 with the law and rules adopted and promulgated by it and, for this purpose, to:
6 (33) Adopt by rule a state water policy, which shall provide goals, objectives,
7 and guidance for the development and review of programs, rules, and plans relating
8 to water resources. Ihe T:h-state water policy shall be consistent with the state
9 comprehensive plan and may include such department rules as are specifically
10 identified in the policy. The state water policy adopted by the department shall be
11 Dresentsd to the Legislature for ratification during the 1998 Regular Session. The
12 1998 legislative proDosal shall be prepared by the department and shall include! -
13 modifications necessary to incorporate any statutory revisions to Chapters 373 and
14 403 enacted during the 1997 Regular Session. Any existing provision of the state
15 water policy not legislatively ratified during the 1998 Regular Session shall be void
16 and unenforceable. After Initial legislative ratification, any amendment to the state
17 water policy adopted by the department shall not become effective until ratified by
18 legislative act.


19 The department shall implement such programs in conduction with its other powers
20 and duties and shall place special emphasis on reducing and eliminating
21 contamination that presents a threat to humans, animals or plants, or to the
22 environment.



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