CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P A.
ATTORNEYS AT LAW
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PLEASE REPLY TO :
VIA TELECOPY Tallahassee
October 9, 1995
TO: Chuck Littlejohn
FROM: Jake Varn ,J0
RE: Water Supply
I have spent considerable time trying to revise the "Water
Supply" policy that each of you have drafted. (Wade's latest
draft is dated September 18, 1995.) I have some fundamental
differences of opinion as to some of the concepts. Most
importantly, I do not believe that you can place the consumptive
use regulatory program in the same agency that has the primary
responsibility for water supply. Every time an applicant comes
to the water management district for a consumptive use permit at
a location in close proximity to an existing or future water
supply source of the water management district, the water
management district will have a conflict of interest. The
proposed policies do not solve my concerns. In sum, the water
management districts should not be in the water supply business
as long as they are in the consumptive use permitting business.
Generally speaking, the idea of taking the water management
districts out of the regulatory business is contrary to what has
been happening for the past 20 hears. Personally, I think better
decisions are made by the water management districts than
DER/DEP, so why do you want to change?
In my opinion, the biggest obstacle to having an adequate
water supply throughout the State is money. If part of the water
management millage was made available for local governments and
regional water supply authorities for water supply projects, our
water supply problems would be solved.
In closing, I offer two observations. First, some of your
current proposed policies are already in the statutes. Second, I
would be glad to draft some policies but they will be very
different than those prepared by each of you.
Please let me know where we go from here.