Title: Suggested Revision to Irene Quincey/Steve Lamb's Draft of 373.037
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00004899/00001
 Material Information
Title: Suggested Revision to Irene Quincey/Steve Lamb's Draft of 373.037
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Jake Varn Collection - Suggested Revision to Irene Quincey/Steve Lamb's Draft of 373.037 (JDV Box 39)
General Note: Box 29, Folder 6 ( Water Supply Coalition - 1996 ), Item 21
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004899
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

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Maguire, Voorhs & Wells, PA.
Uffomeao at SeW
TELEPHONE: (604) 513-0777
FACSIMILE: (G04) 513-9779


TO: Irene Quincey, Jim Garner, Cathy Vogel, Bill Hunter, Fred McCormack,
Steve Walker, Chuck Littlejohn, Wade Hopping, Kathy Fry, Jake Varn,
Frank Matthews, Gene Adams, Keith Hetrick, Steve Lamb, Doug Mann
and Mike Opalinski

FROM:. Sally Mann

DATE: January 9, 1997

RE: Suggested Revision to Irene Quincey/Steve Lamb's Draft of 373.037

PAGES: 4 (including cover sheet)


After receiving Irene Quincey's rewrite of 373.037 yesterday, I found it
was faster for me to retype the section with my suggestions rather than
write them out in the margins. Accordingly, the attached pages contain
my version of the section, for your reading pleasure and/or File 13. I'm
still looking at Irene's revised 373.038, and will send my comments
along when completed.

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373.037 Nlods and Sources Analysis.-

1 (1) By July 1, 1997, each water management district shall delineate within its
2 jurisdictional boundaries one or more water resource implementation program areas which
3 together encompass all lands subject to the districts authority.
4 (2) By July 1, 1999, each water management district shall complete and adopt an
5 analysis of water needs and sources for each water resource implementation area, except
6 that the SWFWMD shall complete and adopt its needs and sources analysis for the area
7 described in s. 373.042(2) by October 1, 1997. Each analysis shall include a water
8 resource evaluation that quantifies and describes the water needs for both humans and
9 natural systems within the designated area.
10 (3) The water resource evaluation of the water needs of humans shall include:
11 (a) The existing and projected needs of all human users based on a 20-year
12 planning horizon and using the best available data. The term "all human users"
13 shall include (but not be limited to) household consumers, agriculture, commerce,
14 industry, power generation, recreation and other classes that may be developed by
15 the district in. cooperation with representatives from each of the foregoing user
16 groups;
17 (b) The level of certainty associated with meeting the water needs of existing
18 and projected human users shall be a 1-in-1 0-year drought event.
19 (4) The water resource evaluation of the water needs of natural systems shall include:
20 (a) A technical analysis of the functions and values of existing natural system '
21 components, including a verification of water needs based on seasonal fluctuations;
22 (b) A description of established minimum flows and levels, and a prioritization for
23 establishing any remaining minimum flows and levels, for all water bodies and
24 watercourses within the designated area; and
25 (c) Proposals for restoring portions of the area's natural systems, if necessary.
26 The water resource evaluation for each restoration proposal shall define and
27 substantiate with technical data the functions and values to be attained through
28 implementation of the restoration proposal, and describe the water needs for the
29 restored natural systems.
30 (5) The district's analysis of existing water sources shall:

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1 (;) Be based on an evaluation of all best available data in the region;
2 (b) Identify and propose methods for ascertaining any essential resource
3 information that may not be available; and
4 (c) Identify any water supply-related limitations such as saltwater intrusion,
5 upcoming of connate water, aquifer mining, or other water quality restrictions.
6 (6) Each needs and sources analysis shall determine whether the existing and
7 projected water needs for human and natural system exceed existing water sources in the
8 designated area. Each analysis shall be adopted by the district governing board as an
9 order subject to review under Chapter 120, F.S.
10 (7) If a needs and sources analysis indicates that needs exceed sources in a
11 designated area, the water management district shall proceed with the development and
12 implementation of:
13 (a) A regional water resource implementation program for the designated area in
14 accordance with the provisions of s. 373.038, F.S.; and
15 (b) Interim water consumption measures and remedial water resource
16 development activities to protect legally existing water users, which shall be based
17 on a balancing of:
18 1. The extent of existing permitted or otherwise legal uses that affect the
19 aquifers or surface water bodies or watercourses within the designated area;
20 2. The extent of existing land uses that cannot reasonably be altered;
21 3. Future water needs reasonably expected to occur in thedesignated:
22 area within a 20-year planning horizon, to the extent consistent with the
23 recovery of any established minimum flow or level;
24 4, Protection of water resources, including maintenance of freshwater
25 storage and supply and maintenance of designated uses of the aquifer,
26 water body or watercourse;
27 5. Flood protection requirements;
28 6. Water quality factors, including filtration and absorption of nutrients,
29 pollutants, sediment loads, and other water quality considerations;
30 7. Functions and values of natural systems associated with coastal,


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estuarine, aquatic and wetlands resources (including fish and wild!i.- habitat
and the passage of fish), estuarine resources, and the transfer of datrital
8. Natural seasonal and long-term fluctuations in water flows and levels;
9. Other uses made of the water body or watercourse, including
recreation in and on the water, aesthetic and scenic attributes, navigation,
and other non-permitted legal uses of the water source; and
10. Benefits and harm that will result from implementation of the interim
measures or remedial actions.
(8) If a needs and sources analysis reflects that needs do not exceed sources in a
designated area, the water management district may proceed to:
(a) Adopt minimum flows and levels in accordance with s. 373.042;
(b) Adopt reservations of water in accordance with 8. 373.223(3);
(c) Provide funding to public water utilities under s, 373.1961(2);
(d) Provide funding to water users for the development of water resources; or
(e) Designate certain water sources for specific uses which, because of the
nature of the activity or the amount of water required, would result in an
enhancement or improvement of the water resources of the area. Any use so
designated shall be preferred over other uses in the event of competing
applications under the permitting systems authorized by this chapter.
(9) Each needs and sources analysis must be reviewed and updated by the
responsible water management district once every 10 years.
(10) Following adoption of a needs and sources analysis that indicates a
particular source will be available during a 1-in-10-year drought event, a consumptive use
permit applicant need not provide additional information to the district regarding the source
under s. 373.229 or any district administrative rule or policy.

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