Title: Surface Water Improvement and Management
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00000851/00001
 Material Information
Title: Surface Water Improvement and Management
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Surface Water Improvement and Management Goal: Restore and/or conserve the quality of surface water bodies in Florida
General Note: Box 7, Folder 3 ( Vail Conference 1988 - 1988 ), Item 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000851
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


Surface Water Improvement and Management

Goal: Restore and/or conserve the quality of surface water

bodies in Florida


After last year's (86) legislative session, the House Natural

Resources Committee began touring different areas of the State

which they heard had surface water problems: Lake Okeechobee.

Lake Apopka and Tampa Bay.

At the same time, the Senate Natural Resources Staff was

preparing a bill aimed at assisting in the cleanup of lakes

based on what had been learned in the previous years about Lakes

Okeechobee and Apopka.

After Governor Martinez took office, he personally toured Lakes

Okeechobee and Apopka and agreed to help provide assistance in

their cleanup. This all set the stage for the SWIM bill.

However, major disagreements occurred mainly over how much money
was to be available this year. who was in charge of determining

what projects were to be implemented and who was in charge of
the money. The original House version of the bill was over 90


pages long and had over $35 million in appropriations. The

original Senate version was roughly 10 pages and under $10


The actual surface water part of the SWIM Bill that passed is 22

pages long and makes $15 million available for FY 87-88.

The control of the projects and the money was placed clearly in

the hands of the water management districts and the Department

of Environmental Regulation. Almost all of the mandated

committees were eliminated from the bill. Only one advisory

council was mandated in the final version; the Lake Okeechobee

Technical Advisory Committee. The establishment of any other

advisory council was left to the discretion of the WMD's

although these councils were are encouraged.

In addition to their water quantity authority, the SWIM Act

thrust the WMD's into new territories including a clear

responsibility for surface water quality and salt water



By March 1. 1988, the WMD's in cooperation with the other

agencies are to prepare lists of water bodies which have

the greatest priority for protection or restoration based


on criteria adopted by DER. Considerations for DER

criteria are provided in the bill as was about $500K for

the MMDs to accomplish this task. The bill established the

initial surface water priorities for the HMD's and also

provided funding. Tampa Bay ($2.0 million). Lake

Okeechobee ($4.8 million). Lake Apopka ($2.2 million),

Biscayne Bay ($2.0 million). Lower St. Johns River Duval
area ($2.5 million) and Indian River Lagoon ($1.5 million).

A state agency review process as well as a public workshop

process is established in the bill for the priority lists

and actual program approval. After a WMD adopts its

priority list and/or program, and the program and fund

release is approved by the Department, the state agencies

must review their rules to determine where they should be

strengthened and report back to the Governor and

Legislature. MMD Plans are to be updated annually.

The SWIM Trust Fund was established.

DER is to administer the fund only for priority surface

waters. WMD's may not receive more than 80% of the cost of

their approved programs. After September, 1988. no WMD may

receive more than 30% of the money in the Fund, except as

specifically authorized in the SWIM Bill. SWIM funds

cannot be used to construct domestic or industrial
wastewater treatment facilities.


Other items covered in the SWIM bill.

The SWIM bill gave a little more specific charge in the

Lake Okeechobee area and continued an already existing

program for Lake Apopka.

Some minor changes were made to the MOD ad valorem millage

structure to help accomplish the SWIM tasks.

And finally, the bill requires the Department to study and

review the state surface water classification system and

report by March 1. 1989 to the Governor. Speaker of the

House. and President of the Senate.


1. Mandate specific projects for each water body.-althonbh

projects for consideration are listed, the final

jurisdiction lies with the WMD Governing Boards and DER


2. The fund is not a pass through to other agencies.

governmental bodies, etc. Any project must have the

specific approval of the WMD Governing Board. However, the

Governing Board may contract the work to any other agency.

local government, etc.


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