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proposal for strengthening the role of the Water Resources
ion Commission. + & 3 1=L
95 DRAFT STATE OF FLORIDA 8-23-95 DRAFT
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 95-XXX
AUG 2 5 19Q9
Carlton Fields- Tallaha s;e?
WHF REAS. the effective management of the state's water resources is critical to
the environ mental and economic interitv of the state and, therefore among my highest
WHEREAS, Article II, Section 7, of the Florida Constitution provides that it is
the policy cf the state to conserve preserve and protect Florida's natural resources and
scenic beauty, and
WH 3RBAS, the waters of the state are a fudamental basis part of those natural
resources a ad scenic beauty, and
WH EAS, the waters of the state are used for agricultural, industrial, public
supply, and other uses and to provide an environment for the propagation of wildlife,
fish and o er aquatic life, and
WH REAS, the Legislature has recognized the importance of the state's water
resources by enacting chapter 373, Florida Statutes, which empowers the Department of
Enviromnm tal Protection Regulation and the Water Management Districts to preserve,
protect, ma mage, and Drovide for the proper use of the waters of the state consistent with
the public i terest, and
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FAS. it is mV resnonsibiffiv to aono in f bndwoerecti e t4, *"
governing board members of the Water Management Districts and the Secretary of the
agencies to co
rules, and reg
it is appropria
efforts to presi
Flrida, by vir.
of Florida, do
P wfrniranimnrl protection, and
EAS, section 373.026(7), Florida Statutes, provides that the Department of
SPtecdon Uegulat a shall exercise general supervisory authority over the
ament Districts, and
EAS, it is consistent with the public interest for the Department of
Protection Reglation, the Water Management Districts, and other state
Operate to the maximum extent possible and to adopt consistent policies,
actions, while recognizing the hydrologic differences among in the Districts,
EAS, in accordance with my duties as the chief executive officer of Florida,
e that, with my mridance, the Department of Environmental Protecon
I the Water Management Districts coordinate and iointl enhance their
rve, protect, manage, and provide for the proper use of our precious
T R ORE, I, LAWTON CHILES, as Governor of the State of
eof the authority vested in me by the Constitution and law of the State
ereby promulgate the following Executive Order effective immediately:
ter Resources Coordination Commission, hereinafter referred to as the
** TOTAL PAGE.004 **
urv~rurr~r -r rmu ne-t--- Pro tectiam and--
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The Commission shall consist of the lieutenant Governor. the Secretary of the
Department of Environmental Protection Regulatie, the chairpersons and the executive
directors o the five Water Management Distics, and the directors of the Divisions of
Water" gmen-and Water Facliies. Environmental Resource Permittin~ and Stat
hands and e Executive Coordinator for Esystem Management of the Department of
Environme tal Protection Reg The Secretary of the Department of
Environmental Protection Reggatieo and the chairpersons of the Water Management
Districts sh l be equal voting members. The Secretar may designate a deputy secretary
or division director to attend in the Secretary's absence and the chairnersons of the
azment Districts may desianate their rice chairs to .....nd n thenr absences.
The Leutenant Governor, executive directors, ad division directors, and. cutive
Coordnator for Ecosystem Management shall not vote, but shall act as liaison between
the Commission and their respective staffs. Any voting member may place a matter on
the meeting agenda.
serve as pti
3ccretary of the Department of environmental Protection Regulatien shall
manent co-chair of the Commission. The other o-chair shall rotate annual
hairpersons of the Water Management Districts. A QanirNs rsn f a WVat
P-1-Atda0 dwXi be Weead by the o~thef sheippefseatoserea h te
inIael ef the G -mscien for a one yeer tefm as deter-mined -owmilly by &a~ ehnirpaonz--.
=hiCm AMi acin chiall meeS t$ AtE 'Man qnitrt-ri or. mor frquontl UPOuR the "ai of a so
AUG 24'95 15:29 FR A DUDA AND SONS INC 407 365 2147 TO HOPPING
oissiga n phall annuaB he
Office of the governor. The Commisson shall meet at least quarterly, or uon the ca
of a co-chair to implement the annual worlkplan and respond to current needs and
issues. The S cretary of the Department of Environmental Protection shall have the
responsibility or preparing the agenda for ouarterly meetings in cooperation with the
Water Manag -ment Districts. setting the quarterly meetings, publishing notice of
meetings, and keeping minutes. The quarterly agendas shall include a standing item for
presentations .nd comments from other government agencies and the public. The
Commission shall, in addition to publishing notice of the meetings, issue written notice of
its meetings tc the Departments of Community Afairs. Agriculture and Consumer
Services, and Transportation and the Game and Fresh Water Fish Commission. all of
which may submit items for the quarterly agendas. ,,C
~mmicim~n~ cLrTU oczrCIn anrl
resposbltIes Ct the 4J4p&Itment ot Envuonmcntnj JKogujcotion and tae watfr
TheCo mission shall: Assist the Department of Environmental Protection and
the Water Management Districts in the administration and implementation of their
statutory watet resources responsibilities in order to more effectively preserve. protect
manage, and provide for the proper use of the state's water resources: coordinate and
advance efficiercy and consistency in water resources policy development, planning rule
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Key functions of the Commission shall incde:
I To serve as a key mechanism for guidance from the Office of the Governor
to the Department and Water Management Districts on water resources
b To serve as a key communication mechanism for Deartment's general
c. To identify issues which the Department and/or Water Management
Districts may need to address through water policy. rules. plans, program
development or staff coordination in order to reduce conflicts and
promote statewide consistency.
d. To coordinate with and serve as a contact for other federal state. regional.
and local agencies on water resources issues.
a. To provide gidance to. make requests of and receive reenlar reports from
ioint Departmnt/Water Management District leal regulatory.
management and planning worn~ r mMos.
To receive reports from and coordinate responses to the Department of
Community Affairs. the regional planning councils and local government
on water and related land management issues
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To coordinate joint Department and Water Management District initiatives
on environmental education public outreach, and emergency management
',lanninu and imolemintafionr.
To receive periodic reports on and promote Water Manaaement District
:fForts on water sm lv~hnc-~lu~nn conservation and alternative sources.
rnisvivu shall inhmit to the Frcumtive Office of the Govenor, no later
31 of each year, an pornyal report which describes the
progress of the
Commission ir carrying out its annual workplan and other significant activities and
Its. The report shall also describe the Commission's interactions with
other federal~ ~iit reuion.
_ __ ___ _A .-9 _.
emd loale aurendes and the nublic re~ardino water resoiirces
Section 8 S.
In car ing out its responsibilities, the Commission is authorized to call upon any
agency, department, division, or office of the state to support its duties and
responsibilities as it deems necessary. Each agency, department, division, or office of the
state under th< control of the Governor is directed, and all other agencies are requested,
to cooperate smith the Commission and provide it with such information and assistance as
necessary to acmplsh the purposes of the Executive Order.
,f- n ae s il.inhlngcn _minad le-ntv sucs
issinx, shaM guhmit to the Executive Office of the Cinvemm "n later r-r --r-
acouismls h enr halasodsrbeteComsio' ntrcioswt
other fedei I Lt recrional and local acrencies and tl public r"Arding-~~ '~-~- watr r -n-eft
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S o- .. I
Se&don 9 4
bers of the Commission shall not receive compensation for their services, but
reimbursement for travel and per diem from their respective agencies in
with section 112.061, Florida Statutes.
;taff for administrative purposes of the Commission shall be the staff of the
of Environmental Protection "',.t Iv Di.... --- ,,--':.s- .I.,,
the coopera ion of the staff of the Water Management Districts as necessary.
Professional staff of the Department of Environmental Protection and the Water
.t Districts shaihtrovide technical sunDort to the Commission.
itive Order 91-266 is hereby rescinded.
** TOTAL PAGE.005 **
Manaffeme6 Districts shall -Drovide tecbnfcal sumon to the Commission
THE ISSUE OF THE FUTURE
The prime directive: The Florida Legislature should create a state regulatory and
water supply program designed to assure there is more than an adequate supply of water
for all users. The fact that Florida receives an annual rainfall of 55 Inches should make
achievement of the prime directive feasible if we wisely use our surface and groundwater
Legislative strategies to accomplish the prime directive should include:
1. Establish policy by statute which assigns water management district governing
boards responsibility for water supply planning, development, and allocation as
primary mission. Retain governing board authority over flood control, works of
the district permitting, and consumptive use permitting.
2. Direct WMD governing boards to develop sources of water supply funded
through bonds issued based upon pledged revenues from local government and
utilities. Restrict boards to the wholesale allocation and/or delivery of water.
3. Relieve governing boards of the responsibility for issuing environmental
resource permits by authorizing water management district executive directors to
issue all permits under the delegated authority ofDEP except consumptive use
permits under Part H of 373 and Works of the District permits under Part IV.
Maintain the activity based split between DEP and water management districts.
4. Transfer rule adoption responsibilities, except those under Part U of 373 Works
of the District under Part IV, from water management district governing boards to
a reconstituted and more balanced Environmental Regulation Commission.
Transfer corresponding permit appeal responsibilities to the Secretary of DEP.
5. Institute legislative oversight as required to insure orderly progress toward
meeting the water supply needs ofFlorida citizens, business, and the natural
6. Restructure water management district governing boards to reflect various
water user groups including industry, agriculture, representatives of environmental
interests, and representatives of the consuming public.
7. Establish a legal mechanism for a WMD to process and issue consumptive use
permit for a water supply development project of the district pursuant to district
rules with final issuance of permit subject to approval by the Secretary of DEP.
8. Over time, direct revenues derived from the wholesale delivery of water toward
reducing reliance on groundwater as principal drinking water source through
conservation, water reuse, desalinization, and utilization of surface waters,
particularly flood waters and other high water sources
9. Over time, transfer to the water management districts responsibility for state
lands (other than submerged lands), state parks, state forests, so that these lands
would be available for multiple purpose management including water resource
10. Over time, streamline the regulatory process by consolidating environmental
resource permitting within DEP and removing all regulatory authority from water
management districts except Part II and Part IV Works of the District permits.