House Bill 3503
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Florida House of Representatives - 1998 HB 3503
By Representative Laurent
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; amending s. 373.019, F.S.; defining
8 "donor area"; amending s. 373.196, F.S.;
9 clarifying legislative intent that water
10 resource development is a function of the water
11 management districts; amending s. 373.223,
12 F.S.; directing the Department of Environmental
13 Protection or water management district
14 governing board to give significant weight to
15 certain factors when determining the public
16 interest for the transport and use of water
17 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, and 373.421, F.S.; correcting
26 cross references; providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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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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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, reverse osmosis, desalination,
20 reclaimed water, conservation, treated stormwater, and aquifer
21 storage and recovery.
22 (b) In establishing the policy outlined in paragraph
23 (a), the Legislature realizes that under certain circumstances
24 the need to transport water from distant sources may be
25 necessary for environmental, technical, or economic reasons.
26 Section 2. Subsections (5) through (23) of section
27 373.019, Florida Statutes, are renumbered as subsections (6)
28 through (24), respectively, and a new subsection (5) is added
29 to said section to read:
30 373.019 Definitions.--When appearing in this chapter
31 or in any rule, regulation, or order adopted pursuant thereto,
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1 the following words shall, unless the context clearly
2 indicates otherwise, mean:
3 (5) "Donor area" means the county or watershed wherein
4 the proposed source of water for a transport and use regulated
5 under s. 373.223(2) is located.
6 Section 3. Subsection (2) of section 373.196, Florida
7 Statutes, is amended to read:
8 373.196 Legislative findings.--
9 (2) Municipalities and counties are encouraged to
10 create regional water supply authorities as authorized herein.
11 It is further the intent that municipalities, counties, and
12 regional water supply authorities are to have the primary
13 responsibility for water supply, and water management
14 districts and their basin boards are to engage only in those
15 functions that are incidental to the exercise of their flood
16 control and water management powers or that are related to
17 water resource development pursuant to s. 373.0831.
18 Section 4. Paragraph (a) of subsection (1) and
19 subsection (2) of section 373.223, Florida Statutes, are
20 amended to read:
21 373.223 Conditions for a permit.--
22 (1) To obtain a permit pursuant to the provisions of
23 this chapter, the applicant must establish that the proposed
24 use of water:
25 (a) Is a reasonable-beneficial use as defined in s.
26 373.019(4);
27 (2) The governing board or the department may
28 authorize the holder of a use permit to transport and use
29 ground or surface water beyond overlying land, across county
30 boundaries, or outside the watershed from which it is taken if
31 the governing board or department determines that such
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1 transport and use is consistent with the public interest, and
2 no local government shall adopt or enforce any law, ordinance,
3 rule, regulation, or order to the contrary. Except for the
4 transport and use of water supplied by the Central and
5 Southern Flood Control Project, when evaluating whether a
6 potential transport and use of ground or surface water across
7 county boundaries or outside the watershed from which it is
8 taken is consistent with the public interest, the governing
9 board or department shall give significant weight to the
10 following factors:
11 (a) The proximity of the proposed water source to the
12 area of use or application.
13 (b) All impoundments, streams, groundwater sources, or
14 watercourses that are geographically closer to the area of use
15 or application than the proposed source, and that are
16 technically and economically feasible for the proposed
17 transport and use.
18 (c) All economically and technically feasible
19 alternatives to the proposed source, including, but not
20 limited to, desalination, reclaimed water, treated stormwater,
21 and aquifer storage and recovery.
22 (d) The potential environmental impacts that may
23 result from the transport and use of water from the proposed
24 source.
25 (e) Whether the transport and use of water from the
26 donor area will jeopardize the current and future
27 reasonable-beneficial needs of the donor area.
28 (f) Consultations with local governments affected by
29 the proposed transport and use.
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1 The department and the water management districts shall adopt
2 rules to apply these criteria to water use applications.
3 Where the department or the governing boards evaluate water
4 use applications on the basis of these criteria, such
5 applications shall be assessed in a manner consistent with the
6 legislative intent expressed in s. 373.016(4). In any rules
7 implementing this subsection, the burden rests with the
8 applicant to prove by a preponderance of the evidence that the
9 proposed transport and use satisfies these criteria.
10 Section 5. Subsection (3) of section 373.229, Florida
11 Statutes, is renumbered as subsection (4), and a new
12 subsection (3) is added to said section to read:
13 373.229 Application for permit.--
14 (3) In addition to the information required in
15 subsection (1), all permit applications filed with the
16 governing board or the department that propose the transport
17 and use of water across county boundaries or outside the
18 watershed from which it is taken, pursuant to s. 373.223(2),
19 shall contain the following items:
20 (a) A description of the proposed water source in
21 relation to the area of use or application.
22 (b) The availability of all impoundments, streams,
23 groundwater sources, or watercourses that are geographically
24 closer to the area of use or application than the proposed
25 source, and are technically and economically feasible for the
26 proposed transport and use.
27 (c) The availability of any other economically and
28 technically feasible alternative water sources, including, but
29 not limited to, desalination, reclaimed water, aquifer storage
30 and recovery, and treated stormwater.
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1 (d) The potential environmental impacts that may
2 result from the proposed transport and use of water from the
3 proposed source.
4 (e) Whether the transport and use of water from the
5 donor area will jeopardize the current and future
6 reasonable-beneficial needs of the donor area.
7 Section 6. Paragraph (c) of subsection (5) of section
8 373.536, Florida Statutes, is reenacted to read:
9 373.536 District budget and hearing thereon.--
10 (5)
11 (c) Each water management district shall, by August 1
12 of each year, submit for review a tentative budget to the
13 Governor, the President of the Senate, the Speaker of the
14 House of Representatives, the chairs of all legislative
15 committees and subcommittees with substantive or fiscal
16 jurisdiction over water management districts, the secretary of
17 the department, and the governing body of each county in which
18 the district has jurisdiction or derives any funds for the
19 operations of the district. The tentative budget must
20 include, but is not limited to, the following information for
21 the preceding fiscal year and the current fiscal year, and the
22 proposed amounts for the upcoming fiscal year, in a standard
23 format prescribed by the Executive Office of the Governor
24 which is generally consistent with the format prescribed by
25 legislative budget instructions for state agencies and the
26 format requirements of s. 216.031:
27 1. The millage rates and the percentage increase above
28 the rolled-back rate, together with a summary of the reasons
29 the increase is required, and the percentage increase in
30 taxable value resulting from new construction;
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1 2. The salary and benefits, expenses, operating
2 capital outlay, number of authorized positions, and other
3 personal services for the following program areas, including a
4 separate section for lobbying, intergovernmental relations,
5 and advertising:
6 a. District management and administration;
7 b. Implementation through outreach activities;
8 c. Implementation through regulation;
9 d. Implementation through acquisition, restoration,
10 and public works;
11 e. Implementation through operations and maintenance
12 of lands and works;
13 f. Water resources planning and monitoring; and
14 g. A full description and accounting of expenditures
15 for lobbying activities relating to local, regional, state,
16 and federal governmental affairs, whether incurred by district
17 staff or through contractual services and all expenditures for
18 public relations, including all expenditures for public
19 service announcements and advertising in any media.
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21 In addition to the program areas reported by all water
22 management districts, the South Florida Water Management
23 District shall include in its budget document a separate
24 section on all costs associated with the Everglades
25 Construction Project.
26 3. The total amount in the district budget for each
27 area of responsibility listed in paragraph (a) and for water
28 resource development projects identified in the district's
29 regional water supply plans.
30 4. A 5-year capital improvements plan.
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1 5. A description of each new, expanded, reduced, or
2 eliminated program.
3 6. A proposed 5-year water resource development work
4 program, that describes the district's implementation strategy
5 for the water resource development component of each approved
6 regional water supply plan developed or revised pursuant to s.
7 373.0361. The work program shall address all the elements of
8 the water resource development component in the district's
9 approved regional water supply plans. The office of the
10 Governor, with the assistance of the department, shall review
11 the proposed work program. The review shall include a written
12 evaluation of its consistency with and furtherance of the
13 district's approved regional water supply plans, and adequacy
14 of proposed expenditures. As part of the review, the Executive
15 Office of the Governor and the department shall afford to all
16 interested parties the opportunity to provide written comments
17 on each district's proposed work program. At least 7 days
18 prior to the adoption of its final budget, the governing board
19 shall state in writing to the Executive Office of the Governor
20 which changes recommended in the evaluation it will
21 incorporate into its work program, or specify the reasons for
22 not incorporating the changes. The office of the Governor
23 shall include the district's responses in the written
24 evaluation and shall submit a copy of the evaluation to the
25 Legislature; and
26 7. The funding sources, including, but not limited to,
27 ad valorem taxes, Surface Water Improvement and Management
28 Program funds, other state funds, federal funds, and user fees
29 and permit fees for each program area.
30 Section 7. Paragraph (d) of subsection (1) of section
31 373.036, Florida Statutes, is amended to read:
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1 373.036 Florida water plan; district water management
2 plans.--
3 (1) FLORIDA WATER PLAN.--In cooperation with the water
4 management districts, regional water supply authorities, and
5 others, the department shall develop the Florida water plan.
6 The Florida water plan shall include, but not be limited to:
7 (d) Goals, objectives, and guidance for the
8 development and review of programs, rules, and plans relating
9 to water resources, based on statutory policies and
10 directives. The state water policy rule, renamed the water
11 resource implementation rule pursuant to s. 373.019(21)(20),
12 shall serve as this part of the plan. Amendments or additions
13 to this part of the Florida water plan shall be adopted by the
14 department as part of the water resource implementation rule.
15 In accordance with s. 373.114, the department shall review
16 rules of the water management districts for consistency with
17 this rule. Amendments to the water resource implementation
18 rule must be adopted by the secretary of the department and be
19 submitted to the President of the Senate and the Speaker of
20 the House of Representatives within 7 days after publication
21 in the Florida Administrative Weekly. Amendments shall not
22 become effective until the conclusion of the next regular
23 session of the Legislature following their adoption.
24 Section 8. Subsection (2) of section 373.209, Florida
25 Statutes, is amended to read:
26 373.209 Artesian wells; penalties for violation.--
27 (2) A well is exempt from the provisions of this
28 section unless the Department of Environmental Protection can
29 show that the uncontrolled flow of water from the well does
30 not have a reasonable-beneficial reasonable and beneficial
31 use, as defined in s. 373.019(4).
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1 Section 9. Subsection (2) of section 373.226, Florida
2 Statutes, is amended to read:
3 373.226 Existing uses.--
4 (2) The governing board or the department shall issue
5 an initial permit for the continuation of all uses in
6 existence before the effective date of implementation of this
7 part if the existing use is a reasonable-beneficial use as
8 defined in s. 373.019(13) and is allowable under the common
9 law of this state.
10 Section 10. Subsection (1) of section 373.421, Florida
11 Statutes, is amended to read:
12 373.421 Delineation methods; formal determinations.--
13 (1) By January 1, 1994, the Environmental Regulation
14 Commission shall adopt a unified statewide methodology for the
15 delineation of the extent of wetlands as defined in s.
16 373.019(23)(17). This methodology shall consider regional
17 differences in the types of soils and vegetation that may
18 serve as indicators of the extent of wetlands. This
19 methodology shall also include provisions for determining the
20 extent of surface waters other than wetlands for the purposes
21 of regulation under s. 373.414. This methodology shall not
22 become effective until ratified by the Legislature. Subsequent
23 to legislative ratification, the wetland definition in s.
24 373.019(23)(17) and the adopted wetland methodology shall be
25 binding on the department, the water management districts,
26 local governments, and any other governmental entities. Upon
27 ratification of such wetland methodology, the Legislature
28 preempts the authority of any water management district, state
29 or regional agency, or local government to define wetlands or
30 develop a delineation methodology to implement the definition
31 and determines that the exclusive definition and delineation
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1 methodology for wetlands shall be that established pursuant to
2 s. 373.019(23)(17) and this section. Upon such legislative
3 ratification, any existing wetlands definition or wetland
4 delineation methodology shall be superseded by the wetland
5 definition and delineation methodology established pursuant to
6 this chapter. Subsequent to legislative ratification, a
7 delineation of the extent of a surface water or wetland by the
8 department or a water management district, pursuant to a
9 formal determination under subsection (2), or pursuant to a
10 permit issued under this part in which the delineation was
11 field-verified by the permitting agency and specifically
12 approved in the permit, shall be binding on all other
13 governmental entities for the duration of the formal
14 determination or permit. All existing rules and methodologies
15 of the department, the water management districts, and local
16 governments, regarding surface water or wetland definition and
17 delineation shall remain in full force and effect until the
18 common methodology rule becomes effective. However, this shall
19 not be construed to limit any power of the department, the
20 water management districts, and local governments to amend or
21 adopt a surface water or wetland definition or delineation
22 methodology until the common methodology rule becomes
23 effective.
24 Section 11. This act shall take effect upon becoming a
25 law.
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2 HOUSE SUMMARY
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Provides legislative policy relating to state and
4 regional water resource management, and encourages use of
water from sources nearest the area of need. Clarifies
5 legislative intent that water resource development is a
water management district function. Defines "donor area"
6 with respect to the transport and use of water. Directs
the district governing boards and Department of
7 Environmental Protection to give significant weight to
specified factors in determining the public interest for
8 a proposed transport and use of water across county
boundaries or outside the watershed. Requires additional
9 information in permit applications for such proposed
transport and use of water.
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