Title: SWFWMD. Problems and Policy Decisions Listing Relationship with State Water Policy. May 4, 1981. 4p.
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 Material Information
Title: SWFWMD. Problems and Policy Decisions Listing Relationship with State Water Policy. May 4, 1981. 4p.
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052613
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


Problems and Policy Decisions Listing
Relationship With State Water Policy

IA. Water Quality what role should the District play in the regulation of water
quality? Should DER delegate total responsibility or some
lesser degree or should the present situation prevail? If
delegation should occur, a timetable and transition procedure
should be established.
17-40.10 Water Policy

(8) Duplication of water quality and quantity premitting functions should
be eliminated where appropriate through delegation of Department
responsibilities to Districts.
Proposed General Policies

1. Provide for an adequate and affordable supply of water for all reason-
able beneficial uses and limit uses of water authorized by a permit
to reasonable beneficial uses.
12. Control point and non-point sources of water pollution to the greatest
degree feasible as provided in Chapter 17-3, and 17-6, F.A.C.
IB. Wetlands/Floodplains To what extent should the District become involved in
the land use regulation arena? How would the recent ruling
by the Florida Supreme Court affect involvement?
17.40-07 Water Policy
The following shall apply to the regulation of surface waters pursuant to
Part IV, Chapter 373, Florida Statutes.

(2) In determining the harm to water resources and consistency with the
objectives of the Department or District, consideration should be
given to:

(a) The impact of the facilities on:
(i) recreation,
(ii) navigation, s
(v) wetlands, floodplains, and other environmentally
sensitive lan s, and
(ix) other factors relating to the public health, safety,
and welfare.

(d) The ability of the facilities and related improvements to avoid
increased damage to offsite property or the public caused by:

(i) floodplain development, encroachment or other alteration,
(ii) retardance, acceleration or diversion of flowing water,
(iii) reduction of natural water storage areas,
(iv) facility failure, or
(v) other actions adversely impacting offsite water flows or

Proposed General Policies
4. Utilize, preserve, restore, and enhance natural water management systems
and discourage the channelization or other alteration of natural rivers,
streams and lakes.
5. Protect the natural water storage and water quality enhancement functions
of wetlands, floodplains, and aquifer recharge areas through acquisition,
enforcement of laws, and the application of land and water management
practices which provide for compatible uses.

9. Manage development in floodplains and other flood hazard areas to prevent
or reduce flood damage consistent with maintenance of the natural hydro-
logic characteristics of such areas.
10. Manage the construction and operation of facilities which dam, divert,
or otherwise alter the flow of surface waters to prevent increased flood-
ing or drainage which is harmful to water resources.
IC. Land Acquisition How should the purchase of lands required for authorized
ongoing flood control projects, as well as other lands (multi-
purpose, supply and recreation, and resources protection)
deemed necessary to protect water resource functions, be
funded and at what level? A reliable source of funds must
be available so that project completion is assured.
17-40.01 Water Policy

(7) It is the intent of the Department, in cooperation with the Water
Management Districts, to seek adequate sources of funding to supple-
ment District ad valorem taxes to implement the provisions of this
ID. Charlotte Harbor Population of this area is expected to increase rapidly
in future years. The District is presently providing techni-
cal assistance to the Charlotte Harbor 380 Committee and is
working on forming a regional water supply system. It also
has a regulatory role. Can the two roles be separated? What
should the level of technical and financial assistance be?

(No Policies)
IIA. Water Supply To what extent should the District as a regulatory body become
involved in water supply projects?
17-40.05 Water Policy
The following shall apply to the transfers of water where such transfers are
regulated pursuant to Part II of Chapter 373, Florida Statutes:
(1) The transport or use of water across District boundaries shall require
approval of each involved District.
(2) In deciding whether the transport and use of water across District
boundaries is consistent with the public interest pursuant to Section
373.223, Florida Statutes, the Districts should consider the extent
to which:

(a) Comprehensive water conservation and reuse programs are implemented
and enforced in the area of need;

(b) The major costs, benefits, and environmental impacts have been
adequately determined including the impact on both the supplying
and receiving areas;

(c) The transport is an environmentally and economically acceptable
method to supply water for the given purpose;

(d) The present and projected water needs of the supplying area are
reasonably determined and can be satisfied even if the transport
takes place;

(e) The transport plan incorporates a regional approach to water supply
and distribution including, where appropriate, plans for eventual
interconnection of water supply sources; and

(f) The transport is otherwise consistent with the public interest
based upon evidence presented.

Proposed General Policies
11. Encourage the development of local or regional water supplies prior to
the transport or use of water across District boundaries.

IIB. Water Shortage/Conservation Increasing demands continue to be placed on the
District's freshwater resource. The anticipated population
increase will be accompanied by growth pains in the utilities
and water resource areas, particularly along the coast. To
what extent should mandatory controls be implemented to re-
duce consumption and what criteria should be used? To what
extent should the District get into an educational effort
"to encourage the public to use less water?
17-40.04 Water Policy

(3) Water shall be reserved from permit use in such locations and quantities,
and for such seasons of the year, as in the judgment of the Department or
District may be required for the protection of fish and wildlife or the
public. health or safety.

(4) Conservation of water shall- be a requirement unless not economically or
environmentally -feasible.
17-40.08 Water Policy

(1) In establishing minimum flows and levels pursuant to Section 373.042,
consideration shall be given to the protection of water resources,
natural seasonal fluctuations in water flows or levels, and environ-
mental values associated with coastal, estuarine, aquatic, and wetlands

(2) Established minimum flows and levels shall be a consideration where
relevant to:

(a) The construction and operation of water resource projects.
(b) The issuance of permits pursuant to Part II, Part IV, and
Section 373.086, Florida Statutes.

(c) The declaration of a water shortage pursuant to Section 373.175
or Section 373.246, Florida Statutes.
Proposed General .. Policies

2. Reserve from use that water necessary to support non-withdrawal demands,
including navigation, recreation, and the protection of fish and wildlife.
3. Promote water conservation as an integral part of water management pro-
.grams, rules, and plans and encourage the use and reuse of water of the
lowest acceptable quality for the purpose intended.
6. Mitigate adverse impacts resulting from prior alteration of natural
hydrological patterns and fluctuations in surface and ground water levels.
IIC. ROMP/QWIP Both programs are of state-wide impact and relatively costly.
Should the District seek state funding to initiate an accel-
erated effort on either or both programs?
17-40.07 Water Policy

(7) It is the intent of the Department, in cooperation with the Water
Management Districts, to seek adequate sources of funding to supplement
District ad valorem taxes to implement the provisions of this Chapter.
IID. Consumptive Use Permits Should all large water users be required to meter
pumping? If so, should the District provide some degree of
financial assistance?
(No Policies)
IIE. Project Assistance Chapter 373 gives Basin Boards considerable discretion
on providing financial and other assistance on local flood
control and water supply projects. Should the Governing
Board consider the establishment of guidelines to encourage
uniformity of action?
(No Policies)

IIF. Interface with Regional Planning Councils To what degree should the districts
be involved in providing assistance to Regional Planning
Councils? If the council has the need for water resource
assistance or reviews, should the districts have the respon-
sibility to provide it? If so, to what degree?
(No Policies)

IIG. Local Governments Similar to above, to what extent should the local govern-
ments rely on the districts to provide water resource assist-
ance or review? Where is the line drawn between local and
district responsibility?
(No Policies)

IIH. Regional Water Supply Authorities Chapter 373 states that the district may
assist RWSAs in the development of water supplies upon request.
To what extent should this assistance be provided? If to a
great extent, then what is the role of or need for the RWSA?
(No Policies)


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