CODING: Words stricken are deletions; words underlined are additions.
House Bill 3329




    Florida House of Representatives - 1998                HB 3329

        By Representative Argenziano






  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.223, F.S.; prescribing conditions for

  4         certain transport and use of ground or surface

  5         waters under a consumptive use permit issued by

  6         a water management district or the Department

  7         of Environmental Protection; providing an

  8         effective date.

  9

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

11

12         Section 1.  Subsection (2) of section 373.223, Florida

13  Statutes, is amended to read:

14         373.223  Conditions for a permit.--

15         (2)  The governing board or the department may

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

17  ground or surface water beyond overlying land, across county

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

19  the governing board or department determines that such

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

21  the following conditions are met: no local government shall

22  adopt or enforce any law, ordinance, rule, regulation, or

23  order to the contrary.

24         (a)  For intra-watershed transfers:

25         1.  The governing bodies having jurisdiction over the

26  transferor entity and the recipient entity have both agreed to

27  the transfer;

28         2.  The transfer will not impede the ability of the

29  transferor to provide water to the population projected to be

30  served under the most recent comprehensive plan or amendment

31  thereto; and

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






    Florida House of Representatives - 1998                HB 3329

    576-115A-98






  1         3.a.  The transfer will not result in any adverse

  2  impacts, measured environmentally, economically, and socially,

  3  to the transferor; or

  4         b.  A recovery strategy has been identified for any

  5  such adverse impacts to the transferor that may result in

  6  connection with the transfer.

  7         (b)  For inter-watershed transfers:

  8         1.  The conditions set forth in paragraph (a) have been

  9  met; and

10         2.a.  All alternative sources of water production

11  potentially available to the recipient entity, including

12  re-use, desalination, and aquifer storage and recovery, have

13  been implemented; or

14         b.  There are no potential alternative sources of water

15  production available to the recipient.

16         Section 2.  This act shall take effect upon becoming a

17  law.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Prescribes conditions that must be met for the
22    intra-watershed or inter-watershed transfer of ground or
      surface water under a permit for the consumptive use of
23    water issued by a water management district of the
      Department of Environmental Protection.
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