L SENT BY:Xerox Telecopier 7021 ; 1- 8-97 ;12:20PM
904 681 1079;# 1
Maguire, Voorhis & Wells, P.A.
315 SOUTH CALHOUN STREET, SUITE 505
TALLAHASSEE, FLORIDA 32301
TELEPHONE: (904) 513-9777
FACSIMILE: (904) 513-779
Jim Gamer, Cathy Vogel, Bill Hunter, Fred McCormack, Mike Opalinski,
Steve Walker, Gene Adams, Wade Hopping, Frank Matthews, Kathy Fry,
Chuck Littlejohn, Jake Van, Keith Hetrick, Steve Lamb and Doug Mann
[members of Water Supply Coalition attending 1/7/97 meeting]
January 8, 1997
Revisions to 12/30/96 Draft of Legislative Proposals
PAGES: 2 (including cover sheet)
The attached pages contain revised definitions or additional phrases
discussed in yesterday's meeting. Should anyone have questions or
corrections, please do not hesitate to give me a call. Otherwise, I believe
Jake will be including some of the revised language in his presentations to
the Govemor's groups' meetings later this week.
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1 373.016 Declaration of policy.-
2 (1) The waters in the state are among its basic resources. Such waters have
3 not heretofore been conserved or fully controlled so as to realize their full beneficial use.
4 (2) It Is further declared to be the policy of the Legislature:
5 (a) To provide an adequate. safe. dependable and affordable suDDly of water for
6 all existing and projected reasonable-beneficial uses in the state:
7 fJ(a) To provide for the management of water and related land resources;
8 f(b) To promote the conservation, replenishment. recapturina. enhancement.
9 development, and proper utilization of surface water and groundwater groundwater;
10 di)(c) To develop and regulate dams, impoundments, reservoirs, and other works
11 and to provide water storage for beneficial purposes;
12 ()(d) To prevent damage from floods, soil erosion, and excessive drainage;
13 L(e) To minimize degradation of water resources caused by the discharge of
15 (g(f) To preserve natural resources, fish, and wildlife;
16 (h)(g) To promote the public policy set forth in s. 403.021;
17 (lth) To promote recreational development, protect public lands, and assist in
18 maintaining the navigability of rivers and harbors; and
19 l(i) To otherwise Gtherwlseeto promote the health, safety, and general welfare of
20 the people of this state.
21 In Implementing this chapter, the department and the governing board shall construe and
22 apply the policies specified in this subsection as a whole. and no specific nollcv Is to be
23 construed or applied in isolation from the other policies in this subsection.
24 (3) The Legislature recognizes that the water resource problems of the state
25 vary from region to region, both in magnitude and complexity. It is therefore the Intent of
26 the Legislature to vest in the Department of Environmental Protection or Its successor
27 agency the power and responsibility to accomplish the conservation, protection,
28 management, and control of the waters of the state and with sufficient flexibility and
29 discretion to accomplish these ends through delegation of appropriate powers to the
30 various water management districts. The department may exercise any power herein
31 authorized to be exercised by a water management district; however, to the greatest
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1 extent practicable, such power should be delegated to the governing board of a water
2 management district.
3 (4) To ensure that an adequate. safe. dependable and affordable suoolv of
4 water is available for all existing and projected reasonable-beneficial uses in the state. it is
5 further declared the policy of the Legislature that:
6 W Water resource development is a primary mission of water manaaament
7 districts: and that
8 M Water management districts shall provide assistance to regional water
9 subply authorities. counties. municipalitles. public water utilities, special taxing districts or
10 other units of local government for water suooly development activities.
11 Each water management district shall exercise these responsibilities in accordance with
12 the provisions of s. 373.0831.
13 5(4) It is further declared the policy of the Legislature that each water
14 management district, to the extent consistent with effective management practices, shall
15 approximate its fiscal and budget policies and procedures to those of the state.
17 373.019 Definitions.--When appearing in this chapter or in any rule, regulation, or
18 order adopted pursuant thereto, the following words shall, unless the context clearly
19 indicates otherwise, mean:
20 (1 "Water resource development" means the development and implementation of
21 integrated water resource management strategies using aquifers and watershed basins as
22 the implementation areas and including the following: collection and evaluation of surface
23 water and groundwater data: development of regional water resource implementation
24 programs: construction. operation and maintenance of maior public works facilities to
25 provide flood control, surface and underground water storage. groundwater recharge
26 augmentation. sustalnablity of all existing and arolected reasonable-beneficial uses of.
27 water. and supportive interaction with private and public water users and water suooliers.
28 ( "Water suoaly development" means the design construction, operation and
29 maintenance of public and private facilities for the extraction of water from surface waters
30 or aquifers for treatment, transmission or distribution for sale or resale.
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1 ( "Public water utility" means a ovemrnmental or Drivate entity duly authorized
2 under state law to construct or operate public water supply systems. water works systems.
3 sewerage systems. sewage treatment works. reclaimed water systems. or other public
4 water-related facilities.
5 ( "Natural systems" means an ecological system supporting aquatic and wetland-
6 dependent natural resources. Including fish and aquatic and wetland-dependent wildlife
7 habitat. (This Is the same definition that appears in Rule 62-40.210(16), F.A.C. As
8 used throughout the 12/30/95 draft the term "natural environment" will be replaced
9 with "natural systems.")
11 NOTE: Some concern was expressed at the 1/7/97 meeting that the following twd
12 definitions should be adjusted to cover government-owned but privately-managed
13 public water utilities (or other similar permutations). Steve Walker will Investigate
14 whether the two definitions could be modified or deleted entirely, with the second
15 sentence of the "privately-owned water utility" definition being appended to the
16 "public water utility" definition Instead.
18 (N "Govemment-Owned Water Utility" means a public water utility owned.
19 operated. managed. or controlled by a regional water supply authority, county.
20 municipality. special taxing district or other unit of local government.
21 L) "Privatelv-owned water utility" means a public water utility owned, managed, or
22 controlled by an entity other than a regional water supoly authority, county. municipality.
23 special taxing district or other unit of local government. The term "orlvately-owned water
24 utility" Includes. but is not limited to: private utilities. investor-owned private utilities, and
25 public works corporations and public service corporations that are Dublic water utilities.
27 NOTE: The definition of "water resource evaluation" was deleted, and the remaining
28 definitions contained in the 12/3096 draft will be considered during future meeting,
29 in conjunction with the sections on minimum flows and levels, needs and sources
30 analysis, water resource implementation programs, etc.
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