Senate Bill 1372

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    Florida Senate - 2000                                  SB 1372

    By Senator Bronson





    312-965-00

  1                      A bill to be entitled

  2         An act relating to water management; amending

  3         s. 373.2295, F.S.; repealing obsolete

  4         provisions relating to applications for

  5         interdistrict transfer and use of groundwater;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Section 373.2295, Florida Statutes, is

11  amended to read:

12         373.2295  Interdistrict transfers of groundwater.--

13         (1)  As used in this section, the term "interdistrict

14  transfer and use" means a consumptive water use that which

15  involves the withdrawal of groundwater from a point within one

16  water management district for use outside the boundaries of

17  that district.

18         (2)  To obtain a permit for an interdistrict transfer

19  and use of groundwater, an applicant must file an application

20  in accordance with s. 373.229 with the water management

21  district having jurisdiction over the area from which the

22  applicant proposes to withdraw groundwater and submit a copy

23  of the application to the water management district having

24  jurisdiction over the area where the water is to be used.

25         (3)  The governing board of the water management

26  district where the groundwater is proposed to be withdrawn

27  shall review the application in accordance with this part, the

28  rules of the district which relate to consumptive water use

29  permitting, and other applicable provisions of this chapter.

30         (4)  In determining whether if an application is

31  consistent with the public interest as required by s. 373.223,

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    Florida Senate - 2000                                  SB 1372
    312-965-00




  1  the projected populations, as contained in the future land use

  2  elements of the comprehensive plans adopted pursuant to

  3  chapter 163 by the local governments within which the

  4  withdrawal areas and the proposed use areas are located, will

  5  be considered together with other evidence presented on future

  6  needs of those areas.  If the proposed interdistrict transfer

  7  of groundwater meets the requirements of this chapter, and if

  8  the needs of the area where the use will occur and the

  9  specific area from which the groundwater will be withdrawn can

10  be satisfied, the permit for the interdistrict transfer and

11  use shall be issued.

12         (5)  In addition to other requirements contained in

13  this part, the water management district where the groundwater

14  is proposed to be withdrawn shall:

15         (a)  Furnish copies of any application, information,

16  correspondence, or other related material to the water

17  management district having jurisdiction over the area where

18  the water is to be used; and

19         (b)  Request comments on the application and the future

20  water needs of the proposed use area from the water management

21  district having jurisdiction over the area where the water is

22  to be used.  If comments are received, they must be attached

23  to the preliminary notice of intended agency action and may

24  not create a point of entry for review whether issued by the

25  governing board or district staff.

26         (6)  Upon completion of review of the application, the

27  water management district where the groundwater is proposed to

28  be withdrawn shall prepare a notice of preliminary intended

29  agency action which shall include an evaluation of the

30  application and a recommendation of approval, denial, or

31  approval with conditions. The notice must shall be furnished

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    Florida Senate - 2000                                  SB 1372
    312-965-00




  1  to the district where the water is to be used, the applicant,

  2  the Department of Environmental Protection, the local

  3  governments having jurisdiction over the area from which the

  4  groundwater is to be withdrawn and where the water is to be

  5  used, and any person requesting a copy of the notice.

  6         (a)  Any interested person may, within the time

  7  specified in the notice, notify in writing the district from

  8  where the groundwater is to be withdrawn of such person's

  9  position and comments or objections, if any, to the

10  preliminary intended action.

11         (b)  The filing of the notice of intended agency action

12  shall toll the time periods contained in s. 120.60 for the

13  granting or denial of a permit for an interdistrict transfer

14  and use of groundwater.

15         (c)  The preliminary intended agency action and any

16  comments or objections of interested persons made pursuant to

17  paragraph (a) must shall be considered by the governing board

18  of the water management district where the groundwater is

19  proposed to be withdrawn. Following such consideration, the

20  governing board shall issue a notice of intended agency

21  action.

22         (d)  Any substantially affected person who submitted a

23  notification pursuant to paragraph (a) may request review by

24  the department within 14 days after the filing of the notice

25  of intended agency action. If no request for review is filed,

26  the notice of intended agency action shall become the final

27  order of the governing board.

28         (7)  Notwithstanding the provisions of chapter 120, the

29  department shall, within 30 days after its receipt of a

30  request for review of the water management district's action,

31  approve, deny, or modify the water management district's

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    Florida Senate - 2000                                  SB 1372
    312-965-00




  1  action on the proposed interdistrict transfer and use of

  2  groundwater.  The department shall issue a notice of its

  3  intended action. Any substantially affected person who

  4  requested review pursuant to paragraph (6)(a) may request an

  5  administrative hearing pursuant to chapter 120 within 14 days

  6  after notice of the department's intended action.  The parties

  7  to such proceeding shall include, at a minimum, the affected

  8  water management districts and the applicant.  The proceedings

  9  initiated by a petition under ss. 120.569 and 120.57,

10  following the department's issuance of a notice of intended

11  agency action, is the exclusive proceeding authorized for the

12  review of agency action on the interdistrict transfer and use

13  of groundwater.  This procedure is to give effect to the

14  legislative intent that this section provide a single,

15  efficient, simplified, coordinated permitting process for the

16  interdistrict transfer and use of groundwater.

17         (8)  The department shall issue a final order, which is

18  subject to review pursuant to s. 120.68 or s. 373.114.

19         (9)  In administering this part, the department or the

20  water management districts may enter into interagency

21  agreements. However, such agreements are not subject to the

22  provisions of s. 373.046 and chapter 120.

23         (10)  The state hereby preempts any regulation of the

24  interdistrict transfer and use of groundwater.  If any

25  provision of this section is in conflict with any other

26  provision or restriction under any law, administrative rule,

27  or ordinance, this section shall govern and such law, rule, or

28  ordinance shall be deemed superseded for the purposes of this

29  section.  A water management district or the department may

30  not adopt special rules which prohibit or restrict

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    Florida Senate - 2000                                  SB 1372
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  1  interdistrict transfer and use of groundwater in a manner

  2  inconsistent with this section.

  3         (11)  Any applicant who has submitted an application

  4  for interdistrict transfer and use of groundwater which is

  5  pending on July 11, 1987, may have the application considered

  6  pursuant to this section.  New permits are not required for

  7  interdistrict transfers existing on July 11, 1987, for the

  8  duration of the permits issued for such uses.

  9         (11)(12)  If, after the final order of the department

10  or final agency action under this section, the proposed use of

11  the site designated in the application for groundwater

12  production, treatment, or transmission facilities does not

13  conform with the existing zoning ordinances, a rezoning

14  application may be submitted.  If local authorities deny the

15  application for rezoning, the applicant may appeal this

16  decision to the Land and Water Adjudicatory Commission, which

17  shall authorize a variance or nonconforming use to the

18  existing comprehensive plan and zoning ordinances, unless the

19  commission determines after notice and hearing that such

20  variance or nonconforming use is contrary to the public

21  interest.

22         (12)(13)  The permit required under this section and

23  other sections of this chapter and chapter 403 are the sole

24  permits required for interdistrict transfer and use of

25  groundwater, and such permits are in lieu of any license,

26  permit, or similar document required by any state agency or

27  political subdivision pursuant to chapter 163, chapter 380, or

28  chapter 381, and the Florida Transportation Code.

29         (13)(14)  When a consumptive use permit under this

30  section is granted for water use beyond the boundaries of a

31  local government from which or through which the groundwater

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    Florida Senate - 2000                                  SB 1372
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  1  is withdrawn or transferred and a local government denies a

  2  permit required under chapter 125 or chapter 153 for a

  3  facility or any infrastructure which produces, treats,

  4  transmits, or distributes such groundwater, the person or unit

  5  of government applying for the permit under chapter 125 or

  6  chapter 153 may appeal the denial to the Land and Water

  7  Adjudicatory Commission. The commission shall review the local

  8  government action for consistency with this chapter and the

  9  interdistrict groundwater transfer permit and may reverse,

10  modify, or approve the local government's action.

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

12  law.

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15                          SENATE SUMMARY

16    Repeals an obsolete provision relating to applications
      for the transfer and use of groundwater between water
17    management districts.

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