SUMMARY OF POLICY PROPOSALS
House Select Committee on Water Policy
January 10, 1996
BILL CURRENT CURRENT PROPOSED
SECTION STATUTORY STATUTORY CHANGES
NUMBER SECTION REQUIREMENTS
Section 1 373.016(3) & *Recognizes regional differences in water resource *Establishes intent that Department of Environmental
(4), F.S.; problems. Protection (department) retain ultimate responsibility for
Declaration of *Authorizes the department to delegate power to water implementation of Chapter 373, F.S., through program and
policy management districts (WMDs). budgetary oversight of WMD's.
*Deletes language encouraging department to delegate water
resource-related powers to the WMDs.
*Requires department to report to legislature and WMDs
substantial departures from standard state fiscal or budget
o polices and procedures.
Section 2 373.019(16); Provides intent for action of Land Use and Water Planning Deletes obsolete language.
Definitions Task Force.
Section 3 373.026; *Authorizes department to administer chapter at the state *Specifies department's responsibility to administer entire
General level. chapter.
powers and *Authorizes department to exercise general supervisory *Adds department's responsibility for budget and program
duties of powers over WMDs and to exercise any WMD power. oversight of WMDs.
department *Authorizes department to adopt by rule a state water policy. *Adds that department secretary is to adopt amendments to
state water policy rule after submission to legislature.
Section 4 373.036; State *Specifies that state water use plan is a functional element of *Renames state water use plan as the state water use policy
water use plan a state comprehensive pan. and replaces the term "plan" with "policy" throughout the
*Provides that state water quality plan is considered in section.
formulating the state water use plan. *Deletes requirement that the policy be an element of a state
*Requires public hearings prior to adoption or modification of comprehensive plan.
the state water use plan. *Requires adoption of the policy as a portion of the state water
*Deletes requirement for considering state water quality plan in
formulating the state water use policy.
*Deletes reference to public hearings re: plan adoption.
*Requires coordination between development of water quality
standards and state water use policy.
Requires each WMD to develop an inventory of available
groundwater in each groundwater basin including:
*A hydrogeologic study defining the basin and
'Site specific areas prone to contamination or over-
*Prime recharge areas;
*Criteria for establishing seasonal surface and
ground water levels;
*Areas suitable for future withdrawals; and
*Sources suitable for reuse and feasibility of
integrating coastal wellfields;
Requires distribution of inventories to local governments for
use in revising local comprehensive plans.
Section 6 373.046; *Authorizes the department to enter into interagency 'Specifies that other agencies may delegate only to the
Interagency agreements with other agencies that have authority over the department authority relating to water resources, not to any
agreements state's water resources. WMD.
*Authorizes other agencies to delegate authority relating *Requires department to enter into interagency agreements
water resources to the department or any WMD. with all WMD to provide for WMD funding of department
I oversight of WMDs.
Section 7 373.079; Requires each WMD to submit a 5-year capital improvement Moves this requirement for WMDs to the new s. 373.102, F.S.,
Members of plan and fiscal report to the governor and legislature within (Section 8 of the bill) where the requirements are expanded.
governing 45 days of adopting a final budget.
'Establishes water resource availability inventories, in lieu of
ground water basin resource availability inventories, that are to
'Identification of and quantities available from water
sources in each allocation area;
'Identification of alternative water sources;
'Total annual water use in each allocation area; and
*Twenty-year projections of water use.
'Requires each inventory to be reviewed annually and updated
'Provides intent that inventories be used by local governments
as the best available data related to water resources.
tion of chapter
Section 9 373.103; *Authorizes WMDs to exercise power compatible with the *Specifies that any department authority delegated to a WMD is
Governing chapter but not specified in law. subject to department oversight relating to budget and
board powers *Requires WMD's to assist the department in preparing the program.
delegated by state water use plan. *Deletes authority for WMD to exercise authority compatible
the department *Authorizes WMDs to delegate their authority for stormwater with, but not specified by statute.
permitting and surface water management to local *Deletes requirement for WMDs to assist in developing state
governments, water use plan.
*Specifies that WMDs must have approval of department to
delegate WMD authority to local governments.
Section 10 Creates None *Provides finding that water shortages exist in some areas of
373.177; the state and that water use regulatory.programs alone cannot
Comprehen- solve the conflicts.
sive water *Provides for statutory creation of water allocation areas.
allocation *Provides legislative intent that water allocation areas be self-
strategy sufficeint, that water demands be met by withdrawals or supply
systems located within the area and that water allocation area
plans take precedence over existing regulatory programs.
Strengthens the department's oversight responsibilities relating
to the WMDs by:
1. Requiring each WMD to submit a proposed budget to the
department, governor and legislature, in a format developed by
the department, and listing the minimum information each is to
2. Requiring the department to submit its comments on and
objections to those budgets.
3. Including submission of a 5-year capital improvement plan
and fiscal report to the department secretary, governor, and
4. Requiring the department to give the governor and
legislature a summary of WMD expenditures by program area
and a program performance review of each WMD that includes
statutory requirements not implemented.
5. Providing that state funds are withheld from any WMD not
complying with this section.
6. Requiring the WMDs to pay the department costs for
oversight of the WMDs.
.7 *7 1
*Provides that only legislative action can establish water
I I i
*Specifies the contents of water allocation area plans, to be
developed by the WMD in which the area is located, including:
1. Minimum flows and levels from which sustainable
water yields are to be calculated for each potential
water supply body before developing an allocation
2. Natural water supply sources for each broad
category of use: public supply, agriculture,
commercial/industrial, power generation, and
recreation. This information must control regulatory
3. Duration of plan.
*Requires plans be must completed and submitted to the
legislature by December 31 of the year in which a water
allocation area is established.
*Specifies legislature must pass a bill adopting the allocation
plan in order for it to take effect.
Section 13 Repeals *373.039: Florida Water Plan consisting of the state water *Deletes Florida Water Plan designation.
373.039 and use plan and the water quality standards. *Moves language to s. 373.102 and amends (See section 9 of
373.536 (5) *373.536 (5): Submission of tentative district budget to the the proposed bill)
department, governor and legislature.
Section 14 Act would take effect upon becoming law.
'Provides that only legislative action can establish water
*Provides criteria for delineating water allocation areas.
*Establishes 3 water allocation areas:
(1) The Central West-Central Florida Ground-
Water Basin within the Southwest Florida
Water Management District.
(2) The portion of the Southern West-Central
Florida Ground-Water Basin that lies within the
Southwest Florida Water Management
(3) The area of the Lower East Coast Regional
Water Supply Plan within the South Florida
Water Management District.