Senate Bill 2298

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 2298

    By Senator Laurent





    17-1740-98                                      See CS/HB 3503

  1                      A bill to be entitled

  2         An act relating to water resource management;

  3         amending s. 373.016, F.S.; providing

  4         legislative policy relating to state and

  5         regional water resource management; encouraging

  6         use of water from sources nearest the area of

  7         need; providing an exception; amending s.

  8         373.019, F.S.; defining "donor area"; amending

  9         s. 373.196, F.S.; clarifying legislative intent

10         that water resource development is a function

11         of the water management districts; amending s.

12         373.223, F.S.; directing the Department of

13         Environmental Protection or water management

14         district governing board to give significant

15         weight to certain factors when determining the

16         public interest for the transport and use of

17         water across county boundaries or outside the

18         watershed; amending s. 373.229, F.S.; requiring

19         additional information in permit applications

20         for proposed transport and use of water

21         pursuant to s. 373.223(2), F.S.; reenacting s.

22         373.536(5)(c), F.S.; clarifying intent with

23         respect to language inadvertently omitted by

24         legislative action; amending ss. 373.036,

25         373.209, 373.226, 373.421, F.S.; correcting

26         cross-references; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Subsections (4) and (5) of section 373.016,

31  Florida Statutes, are renumbered as subsections (5) and (6),

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  respectively, and a new subsection (4) is added to said

  2  section to read:

  3         373.016  Declaration of policy.--

  4         (4)(a)  Because water constitutes a public resource

  5  benefiting the entire state, it is the policy of the

  6  Legislature that the waters in the state be managed on a state

  7  and regional basis.  Consistent with this directive, the

  8  Legislature recognizes the need to allocate water throughout

  9  the state so as to meet all reasonable-beneficial uses.

10  However, the Legislature acknowledges that such allocations

11  have in the past adversely affected the water resources of

12  certain areas in this state.  To protect such water resources

13  and to meet the current and future needs of those areas with

14  abundant water, the Legislature directs the department and the

15  water management districts to encourage the use of water from

16  sources nearest the area of use or application whenever

17  practicable.  Such sources shall include all naturally

18  occurring water sources and all alternative water sources,

19  including, but not limited to, desalination, reuse of

20  reclaimed water and stormwater, conservation, and aquifer

21  storage and recovery. However, this directive to encourage the

22  use of water, whenever practicable, from sources nearest the

23  area of use or application shall not apply to the transport

24  and use of water within the area encompassed by the Central

25  and Southern Florida Flood Control Project.

26         (b)  In establishing the policy outlined in paragraph

27  (a), the Legislature realizes that under certain circumstances

28  the need to transport water from distant sources may be

29  necessary for environmental, technical, or economic reasons.

30         Section 2.  Subsections (5) through (23) of section

31  373.019, Florida Statutes, are renumbered as subsections (6)

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  through (24), respectively, and a new subsection (5) is added

  2  to said section to read:

  3         373.019  Definitions.--When appearing in this chapter

  4  or in any rule, regulation, or order adopted pursuant thereto,

  5  the following words shall, unless the context clearly

  6  indicates otherwise, mean:

  7         (5)  "Donor area" means the county, groundwater basin

  8  where appropriate and where mapped, or the watershed wherein

  9  the proposed source of water for a transport and use regulated

10  under s. 373.223(2) is located.  For the purposes of this

11  definition, "watershed" means the United States Geological

12  Survey hydrologic cataloging units listed in the January 1993

13  "Final Report of the District Water Management Plan

14  Conventions for Surface Water Basin and Floodplain Mapping."

15         Section 3.  Subsection (2) of section 373.196, Florida

16  Statutes, is amended to read:

17         373.196  Legislative findings.--

18         (2)  Municipalities and counties are encouraged to

19  create regional water supply authorities as authorized herein.

20  It is further the intent that municipalities, counties, and

21  regional water supply authorities are to have the primary

22  responsibility for water supply, and water management

23  districts and their basin boards are to engage only in those

24  functions that are incidental to the exercise of their flood

25  control and water management powers or that are related to

26  water resource development pursuant to s. 373.0831.

27         Section 4.  Subsections (1) and (2) of section 373.223,

28  Florida Statutes, are amended to read:

29         373.223  Conditions for a permit.--

30

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1         (1)  To obtain a permit pursuant to the provisions of

  2  this chapter, the applicant must establish that the proposed

  3  use of water:

  4         (a)  Is a reasonable-beneficial use as defined in s.

  5  373.019(4);

  6         (b)  Will not interfere with any presently existing

  7  legal use of water; and

  8         (c)  Is consistent with the public interest.

  9         (2)  The governing board or the department may

10  authorize the holder of a use permit to transport and use

11  ground or surface water beyond overlying land, across county

12  boundaries, or outside the watershed from which it is taken if

13  the governing board or department determines that such

14  transport and use is consistent with the public interest, and

15  no local government shall adopt or enforce any law, ordinance,

16  rule, regulation, or order to the contrary. Except for the

17  transport and use of water supplied by the Central and

18  Southern Florida Flood Control Project, when evaluating

19  whether a potential transport and use of ground or surface

20  water across county boundaries or outside the watershed from

21  which it is taken is consistent with the public interest, the

22  governing board or department shall give significant weight to

23  the following factors:

24         (a)  The proximity of the proposed water source to the

25  area of use or application.

26         (b)  All impoundments, streams, groundwater sources, or

27  watercourses that are geographically closer to the area of use

28  or application than the proposed source, and that are

29  technically and economically feasible for the proposed

30  transport and use.

31

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1         (c)  All economically and technically feasible

  2  alternatives to the proposed source, including, but not

  3  limited to, desalination, reuse of reclaimed water and

  4  stormwater, and aquifer storage and recovery.

  5         (d)  The potential environmental impacts that may

  6  result from the transport and use of water from the proposed

  7  source.

  8         (e)  Whether the transport and use of water from the

  9  donor area will jeopardize the current and future

10  reasonable-beneficial uses of the donor area, such as, in the

11  case of a county, impeding the ability of the donor area to

12  provide water to the population projected to be served under

13  its most recent comprehensive plan or amendment thereto.

14         (f)  Consultations with local governments affected by

15  the proposed transport and use.

16

17  The department and the water management districts shall adopt

18  rules to apply these criteria to water use applications.

19  Where the department or the governing boards evaluate water

20  use applications on the basis of these criteria, such

21  applications shall be assessed in a manner consistent with the

22  legislative intent expressed in s. 373.016(4).  In any rules

23  implementing this subsection, the burden rests with the

24  applicant to prove by a preponderance of the evidence that the

25  proposed transport and use satisfies these criteria.

26         Section 5.  Subsection (3) of section 373.229, Florida

27  Statutes, is renumbered as subsection (4), and a new

28  subsection (3) is added to said section to read:

29         373.229  Application for permit.--

30         (3)  In addition to the information required in

31  subsection (1), all permit applications filed with the

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  governing board or the department which propose the transport

  2  and use of water across county boundaries or outside the

  3  watershed from which it is taken, pursuant to s. 373.223(2),

  4  shall contain the following items:

  5         (a)  A description of the proposed water source in

  6  relation to the area of use or application.

  7         (b)  The availability of all impoundments, streams,

  8  groundwater sources, or watercourses that are geographically

  9  closer to the area of use or application than the proposed

10  source, and are technically and economically feasible for the

11  proposed transport and use.

12         (c)  The availability of any other economically and

13  technically feasible alternative water sources, including, but

14  not limited to, desalination, reuse of reclaimed water and

15  stormwater, and aquifer storage and recovery.

16         (d)  The potential environmental impacts that may

17  result from the proposed transport and use of water from the

18  proposed source.

19         (e)  Whether the transport and use of water from the

20  donor area will jeopardize the current and future

21  reasonable-beneficial uses of the donor area, such as, in the

22  case of a county, impeding the ability of the donor area to

23  provide water to the population projected to be served under

24  its most recent comprehensive plan or amendment thereto.

25         Section 6.  Paragraph (c) of subsection (5) of section

26  373.536, Florida Statutes, is reenacted to read:

27         373.536  District budget and hearing thereon.--

28         (5)

29         (c)  Each water management district shall, by August 1

30  of each year, submit for review a tentative budget to the

31  Governor, the President of the Senate, the Speaker of the

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  House of Representatives, the chairs of all legislative

  2  committees and subcommittees with substantive or fiscal

  3  jurisdiction over water management districts, the secretary of

  4  the department, and the governing body of each county in which

  5  the district has jurisdiction or derives any funds for the

  6  operations of the district.  The tentative budget must

  7  include, but is not limited to, the following information for

  8  the preceding fiscal year and the current fiscal year, and the

  9  proposed amounts for the upcoming fiscal year, in a standard

10  format prescribed by the Executive Office of the Governor

11  which is generally consistent with the format prescribed by

12  legislative budget instructions for state agencies and the

13  format requirements of s. 216.031:

14         1.  The millage rates and the percentage increase above

15  the rolled-back rate, together with a summary of the reasons

16  the increase is required, and the percentage increase in

17  taxable value resulting from new construction;

18         2.  The salary and benefits, expenses, operating

19  capital outlay, number of authorized positions, and other

20  personal services for the following program areas, including a

21  separate section for lobbying, intergovernmental relations,

22  and advertising:

23         a.  District management and administration;

24         b.  Implementation through outreach activities;

25         c.  Implementation through regulation;

26         d.  Implementation through acquisition, restoration,

27  and public works;

28         e.  Implementation through operations and maintenance

29  of lands and works;

30         f.  Water resources planning and monitoring; and

31

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1         g.  A full description and accounting of expenditures

  2  for lobbying activities relating to local, regional, state,

  3  and federal governmental affairs, whether incurred by district

  4  staff or through contractual services and all expenditures for

  5  public relations, including all expenditures for public

  6  service announcements and advertising in any media.

  7

  8  In addition to the program areas reported by all water

  9  management districts, the South Florida Water Management

10  District shall include in its budget document a separate

11  section on all costs associated with the Everglades

12  Construction Project.

13         3.  The total amount in the district budget for each

14  area of responsibility listed in paragraph (a) and for water

15  resource development projects identified in the district's

16  regional water supply plans.

17         4.  A 5-year capital improvements plan.

18         5.  A description of each new, expanded, reduced, or

19  eliminated program.

20         6.  A proposed 5-year water resource development work

21  program, that describes the district's implementation strategy

22  for the water resource development component of each approved

23  regional water supply plan developed or revised pursuant to s.

24  373.0361.  The work program shall address all the elements of

25  the water resource development component in the district's

26  approved regional water supply plans.  The office of the

27  Governor, with the assistance of the department, shall review

28  the proposed work program.  The review shall include a written

29  evaluation of its consistency with and furtherance of the

30  district's approved regional water supply plans, and adequacy

31  of proposed expenditures. As part of the review, the Executive

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  Office of the Governor and the department shall afford to all

  2  interested parties the opportunity to provide written comments

  3  on each district's proposed work program. At least 7 days

  4  prior to the adoption of its final budget, the governing board

  5  shall state in writing to the Executive Office of the Governor

  6  which changes recommended in the evaluation it will

  7  incorporate into its work program, or specify the reasons for

  8  not incorporating the changes.  The office of the Governor

  9  shall include the district's responses in the written

10  evaluation and shall submit a copy of the evaluation to the

11  Legislature; and

12         7.  The funding sources, including, but not limited to,

13  ad valorem taxes, Surface Water Improvement and Management

14  Program funds, other state funds, federal funds, and user fees

15  and permit fees for each program area.

16         Section 7.  Paragraph (d) of subsection (1) of section

17  373.036, Florida Statutes, is amended to read:

18         373.036  Florida water plan; district water management

19  plans.--

20         (1)  FLORIDA WATER PLAN.--In cooperation with the water

21  management districts, regional water supply authorities, and

22  others, the department shall develop the Florida water plan.

23  The Florida water plan shall include, but not be limited to:

24         (d)  Goals, objectives, and guidance for the

25  development and review of programs, rules, and plans relating

26  to water resources, based on statutory policies and

27  directives. The state water policy rule, renamed the water

28  resource implementation rule pursuant to s. 373.019(21)(20),

29  shall serve as this part of the plan. Amendments or additions

30  to this part of the Florida water plan shall be adopted by the

31  department as part of the water resource implementation rule.

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  In accordance with s. 373.114, the department shall review

  2  rules of the water management districts for consistency with

  3  this rule. Amendments to the water resource implementation

  4  rule must be adopted by the secretary of the department and be

  5  submitted to the President of the Senate and the Speaker of

  6  the House of Representatives within 7 days after publication

  7  in the Florida Administrative Weekly. Amendments shall not

  8  become effective until the conclusion of the next regular

  9  session of the Legislature following their adoption.

10         Section 8.  Subsection (2) of section 373.209, Florida

11  Statutes, is amended to read:

12         373.209  Artesian wells; penalties for violation.--

13         (2)  A well is exempt from the provisions of this

14  section unless the Department of Environmental Protection can

15  show that the uncontrolled flow of water from the well does

16  not have a reasonable-beneficial reasonable and beneficial

17  use, as defined in s. 373.019(4).

18         Section 9.  Subsection (2) of section 373.226, Florida

19  Statutes, is amended to read:

20         373.226  Existing uses.--

21         (2)  The governing board or the department shall issue

22  an initial permit for the continuation of all uses in

23  existence before the effective date of implementation of this

24  part if the existing use is a reasonable-beneficial use as

25  defined in s. 373.019(13) and is allowable under the common

26  law of this state.

27         Section 10.  Subsection (1) of section 373.421, Florida

28  Statutes, is amended to read:

29         373.421  Delineation methods; formal determinations.--

30         (1)  By January 1, 1994, the Environmental Regulation

31  Commission shall adopt a unified statewide methodology for the

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  delineation of the extent of wetlands as defined in s.

  2  373.019(23)(17). This methodology shall consider regional

  3  differences in the types of soils and vegetation that may

  4  serve as indicators of the extent of wetlands. This

  5  methodology shall also include provisions for determining the

  6  extent of surface waters other than wetlands for the purposes

  7  of regulation under s. 373.414. This methodology shall not

  8  become effective until ratified by the Legislature. Subsequent

  9  to legislative ratification, the wetland definition in s.

10  373.019(23)(17) and the adopted wetland methodology shall be

11  binding on the department, the water management districts,

12  local governments, and any other governmental entities. Upon

13  ratification of such wetland methodology, the Legislature

14  preempts the authority of any water management district, state

15  or regional agency, or local government to define wetlands or

16  develop a delineation methodology to implement the definition

17  and determines that the exclusive definition and delineation

18  methodology for wetlands shall be that established pursuant to

19  s. 373.019(23)(17) and this section. Upon such legislative

20  ratification, any existing wetlands definition or wetland

21  delineation methodology shall be superseded by the wetland

22  definition and delineation methodology established pursuant to

23  this chapter. Subsequent to legislative ratification, a

24  delineation of the extent of a surface water or wetland by the

25  department or a water management district, pursuant to a

26  formal determination under subsection (2), or pursuant to a

27  permit issued under this part in which the delineation was

28  field-verified by the permitting agency and specifically

29  approved in the permit, shall be binding on all other

30  governmental entities for the duration of the formal

31  determination or permit. All existing rules and methodologies

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    Florida Senate - 1998                                  SB 2298
    17-1740-98                                      See CS/HB 3503




  1  of the department, the water management districts, and local

  2  governments, regarding surface water or wetland definition and

  3  delineation shall remain in full force and effect until the

  4  common methodology rule becomes effective. However, this shall

  5  not be construed to limit any power of the department, the

  6  water management districts, and local governments to amend or

  7  adopt a surface water or wetland definition or delineation

  8  methodology until the common methodology rule becomes

  9  effective.

10         Section 11.  This act shall take effect upon becoming a

11  law.

12

13            *****************************************

14                       LEGISLATIVE SUMMARY

15
      Provides legislative policy with respect to state and
16    regional water resource management and the use of water
      from sources nearest the area of need. Defines the term
17    "donor area" for purposes of the transport and use of
      water. Specifies the factors to be considered by the
18    water management districts and the Department of
      Environmental Protection in determining whether a
19    proposed transport and use of water across county
      boundaries or outside the watershed is in the public
20    interest. Requires that additional information be
      included in a permit application for such proposed
21    transport and use of water.

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