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),
                                  1
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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)
                                  2
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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
                                  10
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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
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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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