Jan. 17. 1997 2:59PM No. 5865 P. 1/4
PAVESE, GANER, HAVERFIELD, DALTON, HARRISON & JENSEN
ATTORNEYS AND COUNSELORS AT LAW
1033 HENDRY STRKET SUITE 20S
POST OfPPIE DRAWER 1WI0 4024 GUN CLUD ROAD
FORT MYER, FLORIDA Ms02-1607 WEST PALM BEACH, FLORIDA 33416
(841) 13321 (61) 471-1380
FAX (941) 332-ZZ4a FAX (61) 471-0622
IRENE KENNEDY QUINCEY
WEWT PALM BEACH OFFICE
TO: Bill Hunter, 904/222-5098
Fred McCormack, 941/224-5595
Steve Walker, 561/640-8202
Chuck Littlejohn, 904/681-8796
Wade Hopping, 904/224-8551
Frank Matthews, 904/224-8551
Kathy Fry, 813/274-7435
Jake Varn, 904/222-0398
Gene Adams, 904/224-0702
Keith Hetrick, 9904/224-1359
Steve Lamb, 561/689-1026
Doug Mann, 904/681-8796
Mike Opolinski, 8131264-7906
FROM: Irene Kennedy Quincey
DATE: January 17, 1997
SUBJECT: 373.038 Draft Legislation
Please see the following draft legislation. I have attempted to revise this
to focus primarily on water supply and to include accountability.
Unfortunately, I am unable to make Tuesday's meeting. I hope this helps
in the discussion.
IRENE KENNEDY QUINCEY
Jan. 17. 1997 3:00PM No. 5865 YP. 2/4
1 Draft, January 15, 1997
2 Section 373.038 F.S. is created to read:
3 373.038 Regional Water Resource Devellopment -
4 (1.) Water management districts shall adopt a regional water resource development program by
5 October 1, 1998 in coordination with public water utilities, other user groups, the department and other
6 interested persons, designed to meet the needs of all existing and projected reasonable-beneficial users,
7 at a 1 in 10 year drought event level of certainty.
8 (2.) The regional water resource development program shall include an:
9 a. Identification of water resources suitable for water resource development, including:
10 surface and ground water resources; real property owned or controlled undpr 259.032 or 373.59; reuse
11 of reclaimed water, desalination, aquifer storage and recovery, water Agmentation, surface water
12 storage and recapturing water which is released to tide;
13 b. Identification ofregulatory programs which create barriers to use of any potential source
14 for water supply; and
15 c. Estimation of the water management district funding to implement regional water
16 resource development strategies, including a defensible cash flow analysis for land acquisition,
17 construction, and operation of identified sources, and funding to implement the non-capital components.
18 (3.) All scientific or technical data, methodologies, and models, including all scientific or technical
19 assumptions employed in the model, utilized in the regional water resource development program shall
20 be subject to independent scientific peer review. (Note can we cross reference 373.042).
21 (4.) Upon adoption, the regional water resources development program shall be subject to review
22 as an order under s. 120.59 F.S..
23 (5.) Beginning in fiscal year 1998, the water management districts shall include funding to
24 implement the adopted water resources implementation program.
25 (6.) The water management districts shall implement the adopted water resource development
26 program by October 1, 2002.
27 (7.) Within 90 days after adoption by the governing board of the regional water resource
Jan, 17. 1997 3:00PM
1 Draft, January 15, 1997
2 implementation program, the department must initiate rulemaking pursuant to Ch 120, FAC to remove
3 any identified regulatory barrier or to report the reasons why the regulatory barriers cannot be removed
4 to the Legislature and Governor.
5 (8.) Notwithstanding any provision of law to the contrary until the regional water resource
6 development program is adopted and implement, the water management districts shall not;
7 a. Adopt minimum flows and levels pursuant to s. 373.042 F.S., except as set forth in s.9.
8 b. Adopt a reservation of water pursuant to s. 373.223 (3) F.S., for the protection of fish
9 and wildlife; and
10 c. Adopt rules or orders which reduce the 1 in 10 year drought event level of certainty.
11 (9.) When the water management district can demonstrate that the lk of immediate action shall
12 constitute permanent irreparable harm to the water resources, implementation of the water management
13 district program shall not be required prior to the district taking immediate action under this chapter.
14 (10.) The water management districts shall mitigate any adverse impact to the water supply of any
15 existing legal user of water caused by the adoption or implementation of the regional water resource
16 development program or minimum flows and levels by funding the water supply sources to offset any
17 loss of consumptive use.
18 (11.) The water management districts shall file an annual report on the progress of the regional water
19 supply development program with the Legislature and the Governor by October 1 of each year
20 beginning in 1998. The report shall include:
21 a. A status of the progress in developing the water resources development program;
22 b. A description of the new sources of water and quantities available for water supply
23 development; and
24 c. Funding to implement the water resource development program; water resource
25 development program.
26 (12.) If any water management district fails to adopt the regional water resource development program
27 by October 1, 1998 or if a water management district fails to develop the adopted sources by October
No. 5865 P. 3/4
Draft, January 15, 1997
1, 2002, then the water management districts must redirect 10% of the prior years budget, calculated
on the roll-back rate in accordance with (trim), to implement the regional water resources development
program each year until completion. In such instances, the department is directed to withhold and
redirect 50% of the funds available under P2000 or Save Our Rivers for use only for regional water
resource development program activities.
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