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.

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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  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.

30

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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;

31

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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.

20

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.

31

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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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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      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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