House Bill 3503c1

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    Florida House of Representatives - 1998     CS/HBs 3503 & 3329

        By the Committee on Water & Resource Management and
    Representatives K. Pruitt, Argenziano and Casey





  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, 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, 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 from sources nearest the area of use or

23  application, whenever practicable, shall not apply to the

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

25  Central 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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  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.  Paragraph (a) of subsection (1) and

28  subsection (2) of section 373.223, Florida Statutes, are

29  amended to read:

30         373.223  Conditions for a permit.--

31

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  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         (2)  The governing board or the department may

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

  8  ground or surface water beyond overlying land, across county

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

10  the governing board or department determines that such

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

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

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

14  transport and use of water supplied by the Central and

15  Southern Florida Flood Control Project, when evaluating

16  whether a potential transport and use of ground or surface

17  water across county boundaries or outside the watershed from

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

19  governing board or department shall give significant weight to

20  the following factors:

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

22  area of use or application.

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

24  watercourses that are geographically closer to the area of use

25  or application than the proposed source, and that are

26  technically and economically feasible for the proposed

27  transport and use.

28         (c)  All economically and technically feasible

29  alternatives to the proposed source, including, but not

30  limited to, desalination, reuse of reclaimed water and

31  stormwater, and aquifer storage and recovery.

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  1         (d)  The potential environmental impacts that may

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

  3  source.

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

  5  donor area will jeopardize the current and future

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

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

  8  provide water to the population projected to be served under

  9  its most recent comprehensive plan or amendment thereto.

10         (f)  Consultations with local governments affected by

11  the proposed transport and use.

12

13  The department and the water management districts shall adopt

14  rules to apply these criteria to water use applications.

15  Where the department or the governing boards evaluate water

16  use applications on the basis of these criteria, such

17  applications shall be assessed in a manner consistent with the

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

19  implementing this subsection, the burden rests with the

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

21  proposed transport and use satisfies these criteria.

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

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

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

25         373.229  Application for permit.--

26         (3)  In addition to the information required in

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

28  governing board or the department that propose the transport

29  and use of water across county boundaries or outside the

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

31  shall contain the following items:

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

  2  relation to the area of use or application.

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

  4  groundwater sources, or watercourses that are geographically

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

  6  source, and are technically and economically feasible for the

  7  proposed transport and use.

  8         (c)  The availability of any other economically and

  9  technically feasible alternative water sources, including, but

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

11  stormwater, and aquifer storage and recovery.

12         (d)  The potential environmental impacts that may

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

14  proposed source.

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

16  donor area will jeopardize the current and future

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

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

19  provide water to the population projected to be served under

20  its most recent comprehensive plan or amendment thereto.

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

22  373.536, Florida Statutes, is reenacted to read:

23         373.536  District budget and hearing thereon.--

24         (5)

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

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

27  Governor, the President of the Senate, the Speaker of the

28  House of Representatives, the chairs of all legislative

29  committees and subcommittees with substantive or fiscal

30  jurisdiction over water management districts, the secretary of

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

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  1  the district has jurisdiction or derives any funds for the

  2  operations of the district.  The tentative budget must

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

  4  the preceding fiscal year and the current fiscal year, and the

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

  6  format prescribed by the Executive Office of the Governor

  7  which is generally consistent with the format prescribed by

  8  legislative budget instructions for state agencies and the

  9  format requirements of s. 216.031:

10         1.  The millage rates and the percentage increase above

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

12  the increase is required, and the percentage increase in

13  taxable value resulting from new construction;

14         2.  The salary and benefits, expenses, operating

15  capital outlay, number of authorized positions, and other

16  personal services for the following program areas, including a

17  separate section for lobbying, intergovernmental relations,

18  and advertising:

19         a.  District management and administration;

20         b.  Implementation through outreach activities;

21         c.  Implementation through regulation;

22         d.  Implementation through acquisition, restoration,

23  and public works;

24         e.  Implementation through operations and maintenance

25  of lands and works;

26         f.  Water resources planning and monitoring; and

27         g.  A full description and accounting of expenditures

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

29  and federal governmental affairs, whether incurred by district

30  staff or through contractual services and all expenditures for

31

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  1  public relations, including all expenditures for public

  2  service announcements and advertising in any media.

  3

  4  In addition to the program areas reported by all water

  5  management districts, the South Florida Water Management

  6  District shall include in its budget document a separate

  7  section on all costs associated with the Everglades

  8  Construction Project.

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

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

11  resource development projects identified in the district's

12  regional water supply plans.

13         4.  A 5-year capital improvements plan.

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

15  eliminated program.

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

17  program, that describes the district's implementation strategy

18  for the water resource development component of each approved

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

20  373.0361.  The work program shall address all the elements of

21  the water resource development component in the district's

22  approved regional water supply plans.  The office of the

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

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

25  evaluation of its consistency with and furtherance of the

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

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

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

29  interested parties the opportunity to provide written comments

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

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

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

  2  which changes recommended in the evaluation it will

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

  4  not incorporating the changes.  The office of the Governor

  5  shall include the district's responses in the written

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

  7  Legislature; and

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

  9  ad valorem taxes, Surface Water Improvement and Management

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

11  and permit fees for each program area.

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

13  373.036, Florida Statutes, is amended to read:

14         373.036  Florida water plan; district water management

15  plans.--

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

17  management districts, regional water supply authorities, and

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

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

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

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

22  to water resources, based on statutory policies and

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

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

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

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

27  department as part of the water resource implementation rule.

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

29  rules of the water management districts for consistency with

30  this rule. Amendments to the water resource implementation

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

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

  2  the House of Representatives within 7 days after publication

  3  in the Florida Administrative Weekly. Amendments shall not

  4  become effective until the conclusion of the next regular

  5  session of the Legislature following their adoption.

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

  7  Statutes, is amended to read:

  8         373.209  Artesian wells; penalties for violation.--

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

10  section unless the Department of Environmental Protection can

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

12  not have a reasonable-beneficial reasonable and beneficial

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

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

15  Statutes, is amended to read:

16         373.226  Existing uses.--

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

18  an initial permit for the continuation of all uses in

19  existence before the effective date of implementation of this

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

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

22  law of this state.

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

24  Statutes, is amended to read:

25         373.421  Delineation methods; formal determinations.--

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

27  Commission shall adopt a unified statewide methodology for the

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

29  373.019(23)(17). This methodology shall consider regional

30  differences in the types of soils and vegetation that may

31  serve as indicators of the extent of wetlands. This

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  1  methodology shall also include provisions for determining the

  2  extent of surface waters other than wetlands for the purposes

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

  4  become effective until ratified by the Legislature. Subsequent

  5  to legislative ratification, the wetland definition in s.

  6  373.019(23)(17) and the adopted wetland methodology shall be

  7  binding on the department, the water management districts,

  8  local governments, and any other governmental entities. Upon

  9  ratification of such wetland methodology, the Legislature

10  preempts the authority of any water management district, state

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

12  develop a delineation methodology to implement the definition

13  and determines that the exclusive definition and delineation

14  methodology for wetlands shall be that established pursuant to

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

16  ratification, any existing wetlands definition or wetland

17  delineation methodology shall be superseded by the wetland

18  definition and delineation methodology established pursuant to

19  this chapter. Subsequent to legislative ratification, a

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

21  department or a water management district, pursuant to a

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

23  permit issued under this part in which the delineation was

24  field-verified by the permitting agency and specifically

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

26  governmental entities for the duration of the formal

27  determination or permit. All existing rules and methodologies

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

29  governments, regarding surface water or wetland definition and

30  delineation shall remain in full force and effect until the

31  common methodology rule becomes effective. However, this shall

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

  2  water management districts, and local governments to amend or

  3  adopt a surface water or wetland definition or delineation

  4  methodology until the common methodology rule becomes

  5  effective.

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

  7  law.

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