Title: Letter to Bruce Samson, SWFWMD, from Victoria Tschinkel, DER, thanking him and his staff for the work done on the development and adoption of Water Po
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Permanent Link: http://ufdc.ufl.edu/UF00052939/00001
 Material Information
Title: Letter to Bruce Samson, SWFWMD, from Victoria Tschinkel, DER, thanking him and his staff for the work done on the development and adoption of Water Po
Physical Description: Book
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052939
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.

Full Text



April 6, 1981

Mr. Bruce Samson
Southwest Florida Water
Management District
2709 First Florida Tower
Tampa, Florida 33602

Dear Bruce:

I would like to thank you and your staff for the tremendous
amount of work you have done in making the development and
adoption of Water Policy possible. I feel that Chapter
17-40, as adopted, will serve to provide the guidance necessary
for water management in Florida during the coming critical
years. Perhaps more importantly, the work we have done
together over the last several months has shown me, and many
others who have followed our efforts closely, that the
Department and water management districts can communicate
successfully and ultimately agree on most policy issues.

Attached, for your information, are copies of:

(1) Chapter 17-40, Florida Administrative Code, Water
Policy Rule as adopted.at the March 27, 1981

(2) Memorandum from Estus Whitfield to Governor Graham;

(3) Suggested "General Policies" for inclusion into
Chapter 17-40.

Item number one above, the amended and subsequently adopted
Water Policy Rule, represents the partial culmination of
department, water management district, and interest group
work towards an initial statement of Water Policy. Please
review carefully the revisions shown as adopted during the
March 27 hearing to be sure that these are noted correctly.
The hearing was continued until June 8, 1981, when we intend

Protecting Florida and Your Quality of Life

Mr. Bruce Samson
April 6, 1981
Page two

to discuss and adopt Chapter 17-40.03, "General Policies
Section", which was deferred from consideration at the March
27 hearing. Several other amendments (attached), also
proposed and deferred at the March 27 meeting, will likewise
be considered on June 8. The effective date for the entire
chapter is July 1 which will allow for a final look at the
rule prior to implementation to be sure it still fits together
well. The amendments which were adopted on March 27 were
either proposed by a district or agreed upon prior to adoption
by district staff present at the hearing.

Item number two (Office of the Governor Memorandum of March
17, 1981) identifies topic areas which Governor Graham's
staff recommended for inclusion in Chapter 17-40. I subse-
quently narrowed down the areas of concern with the Governor.
The Governor directed the Department to place greater emphasis
on water conversion, floodplain management, and non-structural
water management. He also indicated that he would like the
general policy section redrafted in a clearer, more direct
manner. As discussed at the March 27 hearing, we will
include this emphasis within the water policy by way of a
redrafting of the deferred "General Policies" section of
Chapter 17-40.

This now brings us to item number three, draft suggested
"General Policies," which is a starting point for accomplishing
this task. Please review these policy statements in light
of Governor Graham's suggestions, and with consideration of
your own expertise with water management issues and objectives.
We intend these draft policies to' be a starting point for
discussion at subsequent meetings with your staff and various
interest groups. There should be ample time for your comments
to be incorporated and for final board review prior to
department adoption. We also intend to hold a workshop
prior to the June 8 hearing for the purpose of receiving
concerns and suggestions from the general public regarding
the proposed wording of these "General Policies" statements.
I will notify you shortly as to the date and location of
this workshop.

One issue that deserves special attention is the proposed
amendment on riparian rights to the reasonable use of water.
This policy was the subject of a great deal of discussion
both immediately prior to and during the March 27 hearing.
In the end, district staff were unable to reach agreement as
to specific language and the amendment was deferred to give
each board more time to consider the question. If agreement
is reached among districts, I would be prepared to adopt an
amendment on this subject during the hearing scheduled for
June 8.

Mr. Bruce Samson
April 6, 1981
Page three

In summary, I would again like to express my appreciation
for your efforts in assisting with the development of
Chapter 17-40, and would request that you continue to work
with the department over the next few months as we attempt
to complete the state's first Water Policy Rule. Your staff
has worked timelessly with the department for the last
several months. Please express my appreciation to them and
thank them in advance for me for the work yet to be performed.


Victoria J. Tschinkel


cc: Honorable Bob Graham
Donald Feaster

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