SEP 18 '95 09:31AM HGSS- PA
JAMES S. ALV(S
BRIAN H. BIBEAU
KATHLEEN L. BLIZZARD
ELIZABETH C. BOWMAN
RICHARD S. BRIGHTMAN
PETER C. CUNNINGHAM
RALPH A. DEMco
THOMAS M. DEROSE
WILLIAM H. GREEN
WADE L. HorPPiN
FRANK E. MATTHEWS
RICHARD 0. MELSON
DAVID L. POWELL
WILLIAM D. PRESTON
CAROLYN S. RAePPLE
DOUGLAS S. RoserTS
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ROBERT P. SMITH
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HOPPING GREEN SAMS & SMITH
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September 18, 1995
FAX COVER SHEET
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SEP 18 '95 09:31AM HGSS- PA
The fact that F
the prime direct
THE ISSUE OF THE FUTURE
ne directive: The Florida Legislature should create a state regulatory and water
designed to assure there is more than an adequate supply of water for all users.
orida receives an annual rainfall of 50 to 55 inches should make achievement of
tive feasible if we wisely use our surface and groundwater resources.
Legislative strategies to accomplish the prime directive should include:
tablish policy by statute which assigns water management district governing
boards responsibility for water supply planning, development, and allocation as
heir primary mission. Continue governing board authority over flood control,
vorks of the district permitting, and consumptive use permitting.
direct water management district boards to develop adequate sources of long term
water supplies for all users. Restrict boards to the wholesale allocation and/or
Delivery of water. The Legislature should ensure appropriate funding mechanisms
ire available to the water management districts to carry out their water supply
Until recommendation #8 is implemented, relieve water management district
governing boards of the responsibility for issuing Environmental Resource
Permits by authorizing water management district executive directors to issue all
permitss under delegated authority of DEP except consumptive use permits under
Part I of 373 and Works of the District permits under Part IV. During the
interim period maintain the activity based permitting split between DEP and water
Institute a program of systematic legislative oversight of the water management
districts to insure orderly progress toward meeting the water supply needs of
Florida citizens, business and the natural environment.
Restructure water management district governing boards to provide representation
from various water user groups including industry, agriculture, private and public
water suppliers, representatives of environmental interests, electric utilities, and
representatives of the consuming public.
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
transfer rule adoption responsibilities,
(consumptive use) and Works of the
management district governing boards
Environmental Regulation Commission.
responsibilities to the Secretary of DEP.
except those under Part I of 373
District under Part IV, from water
to a reconstituted and more balanced
Transfer corresponding permit appeal
SEP 18 '95 09:'32AM HGSS- PA
ursuant to district rules with final issuance of permit subject to approval by the
secretary of DEP.
8. Over time, streamline the regulatory process by consolidating Environmental
source Permitting within DEP and removing agl regulatory authority from
ter management districts xce Part I (consumptive use) and Part IV (works
f district) permits.
9. Te water management districts should develop a legislatively approved package
f economic and regulatory incentives designed to reduce reliance on groundwater
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.
10. ver time, transfer to the water management districts management responsibility
or state lands (other than submerged lands), state parks, state forests, so that
ese lands are available for multiple uses including water supply.
11. ow to address state and regional water planning should be revisited by the 1996
gislature. In particular the proposed "Florida Water Plan" and any state water
e report and recommendations of the Water Management District Review
mission and any legislative proposals of the appropriate House and Senate