Title: Letter to Keith Hetrick re: Memo re: Local Sources First Letter
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 Material Information
Title: Letter to Keith Hetrick re: Memo re: Local Sources First Letter
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Letter to Keith Hetrick re: Memo re: Local Sources First Letter (JDV Box 39)
General Note: Box 29, Folder 13 ( JDV - Florida Homebuilders 1997-1998 Water - 1997-98 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004976
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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Date:


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Firm:


Telecopier No:


STEEL HECTOR & DAVIS LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
(904) 222-2300
Telecopier Cover Sheet
Confirmation #(904) 222-2300


July 1, 1997

Keith Hetrick

FHBA

224-7933


Confirmation No: 224-4316

Total Pages Including Cover Sheet: 0

Letter Size Legal Size


Originator: Jake Varn


Ext 904-222- 2300


The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If
the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please notify us immediately by telephone collect and return the original message to us at the above
address via the U.S. Postal Service. We will reimburse you for postage. Thank you.


Original Mailed

Original sent Overnight Courier

Original Held in File


Client Code: 37746


MIAMI: FAX (305) 577-7001

WEST PALM BEACH: FAX (561) 655-1509

TALLAHASSEE: FAX (904) 222-8410

Matter Code: 1362


Special Messages:

MEMO RE: LOCAL SOURCES FIRST LETTER.







STEEL

HECTOR

EDAVI S


Steel Hector & Davis LLP
215 South Monroe, Suite 601
Tallahassee, Florida 32301-1804
904.222.2300
904.222.8410 Fax



Jacob D. Varn


MEMORANDUM


TO:


FROM:


DATE:


RE:


Keith Hetrick


Jake Varn mJ


July 1, 1997


LOCAL SOURCES FIRST LETTER


Attached are my handwritten revisions to your draft letter to Joyce Pugh. If
you have any questions, please call.







JDV/dw
Attachment








TAL/20980-1


Miami
305.577.7000
305.577.7001 Fax


West Palm Beach
561.650.7200
561.655.1509 Fax


Key West
305.292.7272
305.292.7271 Fax


Caracas
582.951.4105
582.951.4106 Fax




FROM FHBA 2247933


06-30-97 05:46PM TO 2228410 56 P.3/5


Florida Home Builders Association
July 1, 1997


HAND DELIVERED


Joyce Pugh
Legislative Research Director
House Committee on Water and.Resource Management
214 House Office Building
Tallahassee, Florida 32399-1300


IAWBF


RE: "Local Sources First"
Dear Joyce:
You have requested that the Florida Home Builders Association
provide you with our view of what "local sources first" means to
our user group. The Florida Home Builders Association represents
builders state-wide and we have ve formed an internal Water
Policy Task Force, consisting of builders from all around the
state, including those from water rich and water scarce areas.
Included herein is a copy of our Association's water policies which
includes a "local sources first" .policy (policy #7).
duwinn
Our Association has act vely participated in the water debates
in the Legislature over th past three years and the legislation
that emerged this past session. Never have I seen a more
contentious issue develops did the "local sources first" issue,
which came to a head at the en of this past session. Never have
* I seen the press miss the boat as completely as they did on the
"local sources first" issue at the end of this past session.
I would note at the outset that the "local sources first"
issue was very divisive in our Association early-on. After all,
our builders in water rich Polk County have an interest in
preserving what they perceive as "their" water while builders in
Pinellas would like to be able to transport water, if needed and
economically feasible. Ultimately, our Association, including our
Polk and Pinellas builders, came to the conclusion that "local
sources first" should not be a mandate. In fact we oppose any such
mandate.
The basis for this view is that the concept of "local sources
first" really creates a very divisive and non-productive "Hatfields
vs. McCoy" situation -- i.e. everyone fighting to protect what they
perceive to be "their" local ground water. More importantly, my
Association agrees that the solution to water development and
production should be addressed regionally and not simply locally.
We must continue our efforts to develop enough water for all users
including the natural systems. We believe that Florida water law
and the doctrine of the "reasonable-beneficial use standard"
provide an adequate and flexible standard as to where water is most
appropriately used. The "local sources first" concept, in its
purest a&rm, runs co to b F ida water law-
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P.O. Box 1259 TallahaseeO FL 32302-1259 (904) 224-4316 FAX (904) 224-1359
Street address: 201 East Park Avenue Tallahaeae FL 32301


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FROM FHBA 2247933 06-30-97 05:47PM TO 2228410 6 P.4/5


Joyce Pugh
July 1, 1997
Page 2


Further, and most importantly, the issue of "local sources
first" diverts peoples attention from the.real issues that persist,
as set forth in the very valuable legislation that.was passed this
past session. That is, the Legislature.needs to provide meaningful
oversight and review of WMD efforts to produce more water. This
past session; significant.. provisions were included in
Representative Laurent's' bill that require WMD budgetary
accountability in assessing needs and providing water, along with
local government, to meet the needs of all existing and future
uses. Each session, funds allocated for water resource development
and water supply development and water supply plans should be
reviewed bYthe Legislature and action taken if adequate funds and
actions eedsare not being provided.
,'; : .. "" .. .


As to our policy re: "local sources first" we do not object to
WMDs balancing and considering the proximity of the proposed source
of water to the area in which it is to be used against other
economically and technically feasible alternatives. s part of the
consumptive use "public interest" considerations in the issuance of
a permit, This approach is something that both our water rich and
water scarce.builders can live with. However, we would object to
a "shall consider" approach to "local sources first" or any other
mandatory approach which elevates and singles-out the concept or
mandates the'consideration of "local sources first" above all other
relevant considerations that a water management district must make
in the issuance of a consumptive use permit.


In summary, it is the.position of the Florida Home Builders
Association that. the protection currently afforded. by sections
373.196(3) and 373.1961(1)(e) of the Florida Statutes (the "county
of origin protection" provisions) and the reasonable-beneficial use
standard are more than adequate to protect the same interests that
one would seek to protect through-a "local sources first" policy.
As indicated earlier, the debate on a "local sources first" policy
will be very divisive and will consume enormous amounts of time,
money and energy that could be better spent in a more productive
effort to find and develop more water for all users.


As was the case before the 1997 Florida Legislature, if we
want to be successful, we must maintain and focus on a positive
approach to meeting our water demands. Our objective should be to
provide moredwater, not a fight over a limited supply. The "local
sources first" issue is really nothing more than slippage backwards
into negative approach that will divide the various water
interests and make it more 'difficult for the parties to work
together to find-and produce more water.


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FROM FHBA 2247933
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06-30-97 05:47PM TO 2228418


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Thankyou for the opportunity to provide. our comments on this
subject.

sincerely, .


Keith Hetrik, ::Esq.
Director of Regulatory Affairs


Jake Varn, Esq.
Steel, Hector & Davis and FHBA


attachment.

ccs. Honorable John
Honorable Jack
Wayne Voigt


5peaol


Consultant


flt. 'Wdkt.


Laurent
Latvala


'6 P.5/5


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