JAMES S. ALVES
BRIAN H. BIBEAU
KATHLEEN L. BLIZZARD
ELIZABETH C. BOWMAN
RICHARD S. BRIGHTMAN
PETER C. CUNNINGHAM
RALPH A. DEMEO
THOMAS M. DERose
WILLIAM H. GREEN
WAOE L. HOPPING
FRANK E. MATTHEWS
RICHAOR D. MELSON
DAVID L. POWELL
WILLIAM D. PRESTON
CAROLYN S. RAEPPLE
DOUGLAS S. ROBERTS
GARY P. SAMS
ROSERT P. SMITH
CHERYL G. STUART
HOPPING GREEN SAMS SMITH PA 4 904 681 1079
HOPPING GREEN SAMS & SMITH
ATTORNEYS AND COUNSELORS
123 SOUTH CALHOUN STREET
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WRITER's DIRECT DIAL No.
October 10, 1995
FAX COVER SHEET
Please deliver the following pages to:
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Verification No.: 224-1585
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From: Wade L. Hopping
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We are transmitting pages (including this cover sheet). If you do not receive all of the
pages, please call Debbie R. Smith.
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HOPPING GREEN SAMS SMITH PF 904 681 1079
WATER SUPPLY ocr 10. 199s
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 50 to 55 inches should make achievement of
the prime directive feasible if we wisely use our surface and groundwater resources.
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; water supply development
coordination; and water supply allocation as a primary mission. Continue
governing board authority over flood control, works of the district permitting, and
consumptive use permitting.
2. Institute a program of systematic legislative oversight of the water management
districts to ensure orderly progress toward meeting the water supply needs of
Florida citizens, business and the natural environment.
3. Direct water management district boards to develop adequate sources of long term
water supplies for all users. The Legislature should ensure appropriate funding
mechanisms are available to the water management districts to carry out their
water supply responsibilities.
4. The proposed "Florida Water Plan" and any state water policy should not be
adopted or implemented until the legislators have acted on the report and
recommendations of the Water Management District Review Commission and any
legislative proposals of the appropriate House and Senate committees.
5. Relieve water management district governing boards of the responsibility for
issuing Environmental Resource Permits by authorizing water management district
Executive Directors to issue all permits under delegated authority of DEP except
consumptive use permits under Part II of 373 and Works of the District permits
under Part IV. Maintain the current activity based permitting split between DEP
and water management districts.
6. Transfer rule adoption responsibilities, except those under Part II of 373
(consumptive use) and 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.
7. Restructure water management district governing boards to provide representation
from various water user groups including industry, agriculture, private and public
HOPPING GREEN SAMS SMITH PA 4 904 681 1079
water suppliers, representatives of environmental interests, electric utilities, and
representatives of the consuming public.
8. The water management districts should develop a legislatively approved package
of economic and regulatory incentives designed to reduce reliance on groundwater
as the principal water source. These incentives should include efforts to promote
conservation, water reuse, desalination, and utilization of surface waters,
particularly flood waters and other high water sources.
9. The Legislature should continue to streamline the regulatory process including
considering the possibility of consolidating Environmental Resource Permitting
within DEP and removing all regulatory authority from water management
districts except Part II (consumptive use) and Part IV (works of district) permits.
10. Establish a legal mechanism for a water management district to process and issue
the 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.
11. Over time, ensure that the management plans for state lands (other than
submerged lands), state parks, state forests make these lands available for
multiple uses including water supply.
INu.3 oo rVeJ.