CODING: Words stricken are deletions; words underlined are additions.House Bill 1249
Florida House of Representatives - 1997 HB 1249
By Representative Boyd
1 A bill to be entitled
2 An act relating to water resources; amending s.
3 259.032, F.S.; authorizing use and management
4 of lands acquired under the Conservation and
5 Recreation Lands Trust Fund for permittable
6 water resource development and water supply
7 development purposes; amending s. 259.101,
8 F.S.; authorizing use of certain property
9 acquired under the Florida Preservation 2000
10 Act for such purposes; amending s. 373.0693,
11 F.S.; correcting a cross reference; amending s.
12 373.073, F.S.; revising procedure for
13 appointment of members to the water management
14 district governing boards; amending s. 373.139,
15 F.S.; authorizing use of property owned or
16 controlled by a water management district for
17 permittable water resource development and
18 water supply development purposes; amending s.
19 373.236, F.S.; revising criteria relating to
20 duration of consumptive use permits; providing
21 for review and modification of certain permits;
22 amending s. 373.507, F.S.; revising provisions
23 relating to district and basin audits, budgets,
24 and expense reports; requiring districts to
25 furnish copies of documents to specified
26 entities and to respond to comments; amending
27 s. 373.536, F.S.; providing requirements for
28 notice and advertisement of district budget
29 hearings and workshops and for budget
30 identification of administrative and operating
31 expenses; revising requirements for submittal
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1 of tentative budgets; amending s. 373.59, F.S.;
2 deleting obsolete language; correcting a cross
3 reference; authorizing use of interests in
4 property acquired under the trust fund for
5 permittable water resource development and
6 water supply development purposes; repealing s.
7 373.0735, F.S., relating to appointment of
8 members to the governing board of the Southwest
9 Florida Water Management District; providing
10 effective dates.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (4) and paragraph (a) of
15 subsection (9) of section 259.032, Florida Statutes, 1996
16 Supplement, are amended to read:
17 259.032 Conservation and Recreation Lands Trust Fund;
18 purpose.--
19 (4) Lands acquired under this section shall be for use
20 as state-designated parks, recreation areas, preserves,
21 reserves, historic or archaeological sites, geologic or
22 botanical sites, recreational trails, forests, wilderness
23 areas, wildlife management areas, urban open space, or other
24 state-designated recreation or conservation lands; or they
25 shall qualify for such state designation and use if they are
26 to be managed by other governmental agencies or nonstate
27 entities as provided for in this section. Lands acquired under
28 this section may be used for permittable water resource
29 development and water supply development purposes.
30 (9)(a) All lands managed under this section shall be:
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1 1. Managed in a manner that will provide the greatest
2 combination of benefits to the public and to the resources.
3 2. Managed for public outdoor recreation which is
4 compatible with the conservation and protection of public
5 lands.
6 3. Managed for the purposes for which the lands were
7 acquired, consistent with paragraph (11)(a).
8
9 Management may include the following public uses: fishing,
10 hunting, camping, bicycling, hiking, nature study, swimming,
11 boating, canoeing, horseback riding, diving, birding, sailing,
12 jogging, and other related outdoor activities. Management may
13 also include permittable water resource development and water
14 supply development.
15 Section 2. Paragraph (a) of subsection (7) of section
16 259.101, Florida Statutes, 1996 Supplement, is amended to
17 read:
18 259.101 Florida Preservation 2000 Act.--
19 (7) ALTERNATE GOVERNMENTAL USE OF ACQUIRED LANDS.--
20 (a) The Board of Trustees of the Internal Improvement
21 Trust Fund, or, in the case of water management district
22 lands, the owning water management district, may authorize the
23 granting of a lease, easement, or license for the use of any
24 lands acquired pursuant to subsection (3), for any
25 governmental use permitted by s. 17, Art. IX of the State
26 Constitution of 1885, as adopted by s. 9(a), Art. XII of the
27 State Constitution and which is determined by the board or the
28 owning water management district to be compatible with the
29 purposes for which such lands were acquired. Real property
30 owned or controlled by the state or a water management
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1 district may be used for permittable water resource
2 development and water supply development purposes.
3 Section 3. Paragraph (a) of subsection (8) of section
4 373.0693, Florida Statutes, is amended to read:
5 373.0693 Basins; basin boards.--
6 (8)(a) At 11:59 p.m. on June 30, 1988, the area
7 transferred from the Southwest Florida Water Management
8 District to the St. Johns River Water Management District by
9 change of boundaries pursuant to chapter 76-243, Laws of
10 Florida, shall cease to be a subdistrict or basin of the St.
11 Johns River Water Management District known as the Oklawaha
12 River Basin and said Oklawaha River Basin shall cease to
13 exist. However, any recognition of an Oklawaha River Basin or
14 an Oklawaha River Hydrologic Basin for regulatory purposes
15 shall be unaffected. The area formerly known as the Oklawaha
16 River Basin shall continue to be part of the St. Johns River
17 Water Management District. There shall be established by the
18 governing board of the St. Johns River Water Management
19 District the Oklawaha River Basin Advisory Council to receive
20 public input and advise the St. Johns River Water Management
21 District's governing board on water management issues
22 affecting the Oklawaha River Basin. The Oklawaha River Basin
23 Advisory Council shall be appointed by action of the St. Johns
24 River Water Management District's governing board and shall
25 include one representative from each county which is wholly or
26 partly included in the Oklawaha River Basin. The St. Johns
27 River Water Management District's governing board member
28 currently serving pursuant to s. 373.073(2)(c)3.
29 373.073(1)(b)3.c., shall serve as chair of the Oklawaha River
30 Basin Advisory Council. Members of the Oklawaha River Basin
31 Advisory Council shall receive no compensation for their
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1 services but are entitled to be reimbursed for per diem and
2 travel expenses as provided in s. 112.061.
3 Section 4. Section 373.073, Florida Statutes, is
4 amended to read:
5 373.073 Governing board.--
6 (1)(a) The governing board of each water management
7 district shall be composed of 9 members who shall reside
8 within the district, except that the Southwest Florida Water
9 Management District shall be composed of 11 members who shall
10 reside within the district. Members of the governing boards
11 shall be appointed by the Governor, subject to confirmation by
12 the Senate at the next regular session of the Legislature, and
13 the refusal or failure of the Senate to confirm an appointment
14 creates a vacancy in the office to which the appointment was
15 made. The term of office for a governing board member is 4
16 years and commences on March 2 of the year in which the
17 appointment is made and terminates on March 1 of the 4th
18 calendar year of the term. Terms of office of governing board
19 members shall be staggered to help maintain consistency and
20 continuity in the exercise of governing board duties and to
21 minimize disruption in district operations. The term of
22 office of members of the board shall be 4 years and shall be
23 construed to commence on March 2 preceding the date of
24 appointment and to terminate March 1 of the year of the end of
25 a term. Members of the governing boards continued under this
26 chapter shall be appointed from the district at large as
27 vacancies occur on the governing boards. Such vacancies shall
28 be filled according to the residency requirements of paragraph
29 (b).
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1 (b) Commencing January 1, 1999, the Governor shall
2 appoint the following number of governing board members in
3 each year of the Governor's 4-year term of office:
4 1. In the first year of the Governor's term of office,
5 the Governor shall appoint three members to the governing
6 board of each district.
7 2. In the second year of the Governor's term of
8 office, the Governor shall appoint three members to the
9 governing board to the Southwest Florida Water Management
10 District and two members to the governing board of each other
11 district.
12 3. In the third year of the Governor's term of office,
13 the Governor shall appoint three members to the governing
14 board of the Southwest Florida Water Management District and
15 two members to the governing board of each other district.
16 4. In the fourth year of the Governor's term of
17 office, the Governor shall appoint two members to the
18 governing board of each district.
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20 For any governing board vacancy that occurs before the date
21 scheduled for the office to be filled under this paragraph,
22 the Governor shall appoint a person meeting the residency
23 requirements of subsection (2) for a term that will expire on
24 the date scheduled for the term of that office to terminate
25 under this subsection.
26 (2)(b) Notwithstanding the provisions of any other
27 general or special law to the contrary, vacancies in the
28 governing boards of the water management districts shall be
29 filled according to the following residency requirements,
30 representing areas designated by the United States Water
31 Resources Council in United States Geological Survey, River
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1 Basin and Hydrological Unit Map of Florida--1975, Map Series
2 No. 72:
3 (a)1. Northwest Florida Water Management District:
4 1.a. One member shall reside in the area generally
5 designated as the "Perdido River Basin-Perdido Bay Coastal
6 Area-Lower Conecuh River-Escambia River Basin" hydrologic
7 units and that portion of the "Escambia Bay Coastal Area"
8 hydrologic unit which lies west of Pensacola Bay and Escambia
9 Bay.
10 2.b. One member shall reside in the area generally
11 designated as the "Blackwater River Basin-Yellow River
12 Basin-Choctawhatchee Bay Coastal Area" hydrologic units and
13 that portion of the "Escambia Bay Coastal Area" hydrologic
14 unit which lies east of Pensacola Bay and Escambia Bay.
15 3.c. One member shall reside in the area generally
16 designated as the "Choctawhatchee River Basin-St. Andrews Bay
17 Coastal Area" hydrologic units.
18 4.d. One member shall reside in the area generally
19 designated as the "Lower Chattahoochee-Apalachicola
20 River-Chipola River Basin-Coastal Area between Ochlockonee
21 River Apalachicola Rivers-Apalachicola Bay coastal area and
22 offshore islands" hydrologic units.
23 5.e. One member shall reside in the area generally
24 designated as the "Ochlockonee River Basin-St. Marks and
25 Wakulla Rivers and coastal area between Aucilla and
26 Ochlockonee River Basin" hydrologic units.
27 6.f. Four members shall be appointed at large, except
28 that no county shall have more than two members on the
29 governing board.
30 (b)2. Suwannee River Water Management District:
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1 1.a. One member shall reside in the area generally
2 designated as the "Aucilla River Basin" hydrologic unit.
3 2.b. One member shall reside in the area generally
4 designated as the "Coastal Area between Suwannee and Aucilla
5 Rivers" hydrologic unit.
6 3.c. One member shall reside in the area generally
7 designated as the "Withlacoochee River Basin-Alapaha River
8 Basin-Suwannee River Basin above the Withlacoochee River"
9 hydrologic units.
10 4.d. One member shall reside in the area generally
11 designated as the "Suwannee River Basin below the
12 Withlacoochee River excluding the Santa Fe River Basin"
13 hydrologic unit.
14 5.e. One member shall reside in the area generally
15 designated as the "Santa Fe Basin-Waccasassa River and coastal
16 area between Withlacoochee and Suwannee River" hydrologic
17 units.
18 6.f. Four members shall be appointed at large, except
19 that no county shall have more than two members on the
20 governing board.
21 (c)3. St. Johns River Water Management District:
22 1.a. One member shall reside in the area generally
23 designated as the "St. Mary River Basin-Coastal area between
24 St. Marys and St. Johns Rivers" hydrologic units.
25 2.b. One member shall reside in the area generally
26 designated as the "St. Johns River Basin below Oklawaha
27 River-Coastal area between the St. Johns River and Ponce de
28 Leon Inlet" hydrologic units.
29 3.c. One member shall reside in the area generally
30 designated as the "Oklawaha River Basin" hydrologic unit.
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1 4.d. One member shall reside in the area generally
2 designated as the "St. Johns River Basin above the Oklawaha
3 River" hydrologic unit.
4 5.e. One member shall reside in the area generally
5 designated as the "Coastal area between Ponce de Leon Inlet
6 and Sebastian Inlet-Coastal area Sebastian Inlet to St. Lucie
7 River" hydrologic units.
8 6.f. Four members shall be appointed at large, except
9 that no county shall have more than two members on the
10 governing board.
11 (d)4. South Florida Water Management District:
12 1.a. Two members shall reside in Dade County.
13 2.b. One member shall reside in Broward County.
14 3.c. One member shall reside in Palm Beach County.
15 4.d. One member shall reside in Collier County, Lee
16 County, Hendry County, or Charlotte County.
17 5.e. One member shall reside in Glades County,
18 Okeechobee County, Highlands County, Polk County, Orange
19 County, or Osceola County.
20 6.f. Two members, appointed at large, shall reside in
21 an area consisting of St. Lucie, Martin, Palm Beach, Broward,
22 Dade, and Monroe Counties.
23 7.g. One member, appointed at large, shall reside in
24 an area consisting of Collier, Lee, Charlotte, Hendry, Glades,
25 Osceola, Okeechobee, Polk, Highlands, and Orange Counties.
26 8.h. No county shall have more than three members on
27 the governing board.
28 (e)5. Southwest Florida Water Management District:
29 1.a. Two members shall reside in Hillsborough County.
30 2.b. One member shall reside in the area consisting of
31 Hillsborough and Pinellas Counties.
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1 3.c. Two members shall reside in Pinellas County.
2 4.d. One member shall reside in Manatee County.
3 5.e. One member shall reside in Polk County.
4 6.f. One member shall reside in Pasco County.
5 7.g. One member shall be appointed at large from Levy,
6 Marion, Citrus, Sumter, Hernando, and Lake Counties.
7 8.h. One member shall be appointed at large from
8 Sarasota, Hardee, DeSoto, Charlotte, and Highlands Counties.
9 9.i. One member shall be appointed at large from Levy,
10 Marion, Citrus, Sumter, Hernando, Lake, Sarasota, Hardee,
11 DeSoto, Charlotte, and Highlands Counties.
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13 No county described in subparagraph 7., subparagraph 8., or
14 subparagraph 9. sub-subparagraphs g., h., or i. shall have
15 more than one member on the governing board.
16 (2) Members of the governing boards shall be appointed
17 by the Governor, subject to confirmation by the Senate at the
18 next regular session of the Legislature, and the refusal or
19 failure of the Senate to confirm an appointment shall create a
20 vacancy in the office to which the appointment was made.
21 Section 5. Subsections (2) through (7) of section
22 373.139, Florida Statutes, 1996 Supplement, are renumbered as
23 subsections (3) through (8), respectively, and a new
24 subsection (2) is added to said section to read:
25 373.139 Acquisition of real property.--
26 (2) Real property owned or controlled by a water
27 management district may be used for permittable water resource
28 development and water supply development purposes.
29 Section 6. Section 373.236, Florida Statutes, is
30 amended to read:
31 373.236 Duration of permits.--
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1 (1) Permits which do not cause harm to the water
2 resource shall may be granted for a any period of time not
3 exceeding 20 years, provided sufficient data is available to
4 provide reasonable assurance that the amount of water
5 requested will be available and the proposed use of water:
6 (a) Is a reasonable-beneficial use;
7 (b) Will not interfere with any presently existing
8 legal use of water; and
9 (c) Is consistent with the public interest.
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11 Permits may be issued for shorter durations, or may be
12 reviewed and modified during the term of the permit, where
13 required by circumstances specific to the permit. The
14 governing board or the department may base duration of permits
15 on a reasonable system of classification according to source
16 of supply or type of use, or both.
17 (2) The governing board or the department may
18 authorize a permit of duration of up to 50 years in the case
19 of a public water utility, municipality, or other governmental
20 body or of a public works or public service corporation when
21 that where such a period is required to provide for the
22 retirement of bonds for the construction of waterworks and
23 waste disposal facilities.
24 Section 7. Section 373.507, Florida Statutes, is
25 amended to read:
26 373.507 Districts and basins; postaudits, budgets,
27 basins, and taxing authorities; budget and expense reports;
28 audits.--
29 (1) Each district and basin referred to in this
30 chapter must shall furnish a detailed copy of its budget and
31 past year's expenditures to the Governor, the Legislature, and
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1 the governing body of each county in which the district or
2 basin has jurisdiction or derives any funds for the operations
3 of the district or basin.
4 (2) Each district and basin referred to in this
5 chapter must, basin, and taxing authority shall make provision
6 for an annual postaudit of its financial accounts. The
7 postaudit must These postaudits shall be made in accordance
8 with the rules of the Auditor General adopted under
9 promulgated pursuant to ss. 166.241 and 11.47.
10 (3)(a) Each district referred to in this chapter must
11 furnish copies of the following documents to the Governor, the
12 President of the Senate, the Speaker of the House of
13 Representatives, the chairs of all legislative committees and
14 subcommittees with substantive or appropriations jurisdiction
15 over districts, the secretary of the department, and the
16 governing body of each county in which the district has
17 jurisdiction or derives any funds for the operations of the
18 district:
19 1. The tentative budget.
20 2. The adopted budget.
21 3. The past year's expenditures.
22 4. The postaudit described in subsection (2).
23 (b) The documents must be furnished by the earlier of
24 10 days following completion of each document or as otherwise
25 provided by law.
26 (c) If any entity in paragraph (a) provides written
27 comments to the district regarding any document furnished, the
28 district must respond to the comments in writing and furnish
29 copies of the comments and written responses to the other
30 entities.
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1 Section 8. Subsections (1) and (3), and paragraph (c)
2 of subsection (5), of section 373.536, Florida Statutes, 1996
3 Supplement, are amended to read:
4 373.536 District budget and hearing thereon.--
5 (1) The fiscal year of districts created under the
6 provisions of this chapter shall extend from October 1 of one
7 year through September 30 of the following year. The budget
8 officer of the district shall, on or before July 15 of each
9 year, submit for consideration by the governing board of the
10 district a tentative budget for the district covering its
11 proposed operation and requirements for the ensuing fiscal
12 year. Unless alternative notice requirements are otherwise
13 provided by law, notice of all budget hearings conducted by
14 the governing board or district staff must be published in a
15 newspaper of general circulation in each county in which the
16 district lies not less than 5 days nor more than 15 days
17 before the hearing. Budget workshops conducted for the public
18 and not governed by s. 200.065 must be advertised in a
19 newspaper of general circulation in the community or area in
20 which the workshop will occur not less than 5 days nor more
21 than 15 days before the workshop. The tentative budget shall
22 be adopted in accordance with the provisions of s. 200.065;
23 however, if the mailing of the notice of proposed property
24 taxes is delayed beyond September 3 in any county in which the
25 district lies, the district shall advertise its intention to
26 adopt a tentative budget and millage rate, pursuant to s.
27 200.065(3)(g), in a newspaper of general paid circulation in
28 that county. The budget shall set forth, classified by object
29 and purpose, and by fund if so designated, the proposed
30 expenditures of the district for bonds or other debt, for
31 construction, for acquisition of land, for operation and
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1 maintenance of the district works, for the conduct of the
2 affairs of the district generally, and for other purposes, to
3 which may be added an amount to be held as a reserve. District
4 administrative and operating expenses must be identified in
5 the budget and allocated among district activities and
6 programs in proportion to the time, personnel, and resources
7 devoted to the specific activity or program.
8 (3) As provided in s. 200.065(2)(d), the board shall
9 publish one or more notices of its intention to finally adopt
10 a budget for the district for the ensuing fiscal year. The
11 notice shall appear adjacent to an advertisement which shall
12 set forth the tentative budget in full. The notice and
13 advertisement shall be published in one or more newspapers
14 having a combined general circulation in the counties having
15 land in the district. Districts may include explanatory
16 phrases and examples in budget advertisements published under
17 s. 200.065 to clarify or illustrate the effect that the
18 district budget may have on ad valorem taxes.
19 (5)
20 (c) Each water management district shall, by August 1
21 5 of each year, submit for review a tentative budget to the
22 Governor, the President of the Senate, the Speaker of the
23 House of Representatives, the chairs of all legislative
24 committees and subcommittees with substantive or
25 appropriations jurisdiction over water management districts,
26 the secretary of the department, and the governing body of
27 each county in which the district has jurisdiction or derives
28 any funds for the operations of the district. The tentative
29 budget, which must include to the Department of Environmental
30 Protection, the Executive Office of the Governor, and the
31 chairs of the appropriations committees of the Legislature for
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1 review a tentative budget that includes, but is not limited
2 to, the following information for the preceding fiscal year
3 and the current fiscal year, and the proposed amounts for the
4 upcoming fiscal year, in a standard format prescribed by the
5 Executive Office of the Governor department which is generally
6 consistent with the format prescribed by legislative budget
7 instructions for state agencies and the format requirements of
8 s. 216.031:
9 1. The millage rates and the percentage increase above
10 the rolled-back rate, together with a summary of the reasons
11 the increase is required, and the percentage increase in
12 taxable value resulting from new construction;
13 2. For each program area, the salary and benefits,
14 expenses, operating capital outlay, number of authorized
15 positions, and other personal services;
16 3. A description of each new, expanded, reduced, or
17 eliminated program;
18 4. A 5-year capital improvements plan; and
19 5. The funding sources, including, but not limited to,
20 ad valorem taxes, Surface Water Improvement and Management
21 Program funds, other state funds, federal funds, and user fees
22 and permit fees for each program area.
23 Section 9. Subsection (1) and paragraph (a) of
24 subsection (4) of section 373.59, Florida Statutes, 1996
25 Supplement, are amended to read:
26 373.59 Water Management Lands Trust Fund.--
27 (1) There is established within the Department of
28 Environmental Protection the Water Management Lands Trust Fund
29 to be used as a nonlapsing fund for the purposes of this
30 section. The moneys in this fund are hereby continually
31 appropriated for the purposes of land acquisition, management,
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1 maintenance, capital improvements, payments in lieu of taxes,
2 and administration of the fund in accordance with the
3 provisions of this section. In addition, for fiscal year
4 1995-1996, moneys in the fund that are not revenues from the
5 sale of any bonds and that are not required for debt service
6 for any bond issue may be used to fund activities authorized
7 under the Surface Water Improvement and Management Act,
8 pursuant to ss. 373.451-373.4595, and for the control of
9 aquatic weeds pursuant to part II of chapter 369. Up to 25
10 percent of the moneys in the fund may be allocated annually to
11 the districts for management, maintenance, and capital
12 improvements pursuant to subsection (8) (7).
13 (4)(a) Moneys from the Water Management Lands Trust
14 Fund shall be used for acquiring the fee or other interest in
15 lands necessary for water management, water supply, and the
16 conservation and protection of water resources, except that
17 such moneys shall not be used for the acquisition of
18 rights-of-way for canals or pipelines. Such moneys shall also
19 be used for management, maintenance, and capital improvements.
20 Interests in real property acquired by the districts under
21 this section may be used for permittable water resource
22 development and water supply development purposes. Lands
23 acquired with moneys from the fund shall be managed and
24 maintained in an environmentally acceptable manner and, to the
25 extent practicable, in such a way as to restore and protect
26 their natural state and condition.
27 Section 10. Effective January 1, 1999, section
28 373.0735, Florida Statutes, is hereby repealed.
29 Section 11. Except as otherwise provided herein, this
30 act shall take effect July 1, 1997.
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2 HOUSE SUMMARY
3
Authorizes use and management of lands acquired under the
4 Conservation and Recreation Lands (CARL) program, use of
real property acquired by the state or a water management
5 district under the Florida Preservation 2000 Act, use of
real property owned or controlled by a district, and use
6 of interests in real property acquired under the Water
Management Lands Trust Fund, for permittable water
7 resource development and water supply development
purposes. Revises procedure for appointment of members to
8 the district governing boards, and provides a schedule of
appointments beginning in 1999. Requires issuance of
9 20-year permits for consumptive use of water when
described permit conditions are reasonably assured.
10 Authorizes issuance of permits for shorter durations, and
review and modification of permits issued. Authorizes
11 issuance of 50-year permits for public water utilities.
Revises provisions relating to district and basin audits,
12 budgets, and expense reports, and requires districts to
furnish copies of such financial documents to specified
13 entities and to respond, in writing, to comments.
Provides requirements relating to district budgets,
14 hearings thereon, notice and advertisements thereof, and
tentative budget submittals. See bill for details.
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