Senate Bill sb1492

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    Florida Senate - 2002                                  SB 1492

    By Senator Campbell





    33-115-02

  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.1501, F.S.; providing for restrictions on

  4         the sale or transfer of water rights; creating

  5         s. 373.255, F.S.; providing for restrictions on

  6         permits for the consumptive use of water;

  7         providing an effective date.

  8

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

10

11         Section 1.  Present subsection (8) of section 373.1501,

12  Florida Statutes, is redesignated as subsection (9), and a new

13  subsection (8) is added to that section, to read:

14         373.1501  South Florida Water Management District as

15  local sponsor.--

16         (8)  Ownership rights to any water may not be conveyed

17  to a private person, including any right to sell or resell

18  water to other private persons or governmental entities, nor

19  may consumptive-use-permit rights to resell water be granted

20  to private or governmental persons in return for investment or

21  participation in any project component of the restudy.

22         Section 2.  Section 373.255, Florida Statutes, is

23  created to read:

24         373.255  Consumptive-use permits; restrictions.--

25         (1)  The Legislature finds that:

26         (a)  Water is a natural resource that is essential to

27  the economic health of the state and should remain as a

28  publicly owned and controlled resource;

29         (b)  Private market economic forces acting on the

30  supply and allocation of water may not at all times operate

31  consistently with the best interests of the public at large,

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    Florida Senate - 2002                                  SB 1492
    33-115-02




  1  the natural environment, and the state's industries and

  2  agriculture; and

  3         (c)  The role of water management districts in ensuring

  4  that use of the state's water supply is consistent with the

  5  immediate and long-term best interest of the public should be

  6  preserved, notwithstanding benefits that may be derived from

  7  any use of private market forces in the water supply which is

  8  otherwise authorized by the Legislature.

  9         (2)  As used in this section, the term:

10         (a)  "Permitted quantity" means the amount of water

11  which a user is allowed to withdraw under a permit issued by a

12  water management district, whether the withdrawals under the

13  permit are from the same or different wellheads or

14  surface-water withdrawal locations.

15         (b)  "Permittee" means a user who has a valid

16  consumptive water-use permit.

17         (c)  "Proposed transferred permittee" means a user who

18  seeks to receive the transfer of all or part of the permitted

19  quantity from a permitted user.

20         (3)  A permittee may not sell or transfer any rights it

21  has under a consumptive-use permit, including any portion of a

22  permitted quantity, to a proposed transferred permittee. Any

23  attempted sale or transfer of a permitted quantity must be

24  considered a new use by the proposed transferred permittee for

25  which application for a new consumptive use permit is

26  required.

27         (4)  The sale of any property to which a

28  consumptive-use permit relates does not constitute a proposed

29  transfer or new use within the meaning of this section.

30         (5)  A proposed transferred permittee must apply for a

31  new consumptive-use permit as to any part of the permitted

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    Florida Senate - 2002                                  SB 1492
    33-115-02




  1  quantity, and the transfer does not create any presumption of

  2  entitlement to a consumptive-use permit or to any particular

  3  terms that applied to an original permit, permittee, or

  4  permitted quantity.

  5         (6)  An application for a new consumptive-use permit

  6  sought by a proposed transferred permittee must be evaluated

  7  based upon conditions as they exist at the time of the

  8  application. Conditions may be imposed on any permit issued to

  9  the proposed transferred permittee which were not previously

10  imposed on the existing permittee.

11         (7)  Water management districts may not authorize the

12  sale or transfer of a permit or of any rights under a permit

13  to a permitted quantity in any manner inconsistent with this

14  section.

15         (8)  Water management districts may adopt rules to

16  implement this section.

17         Section 3.  If any provision of this act or the

18  application thereof to any person or circumstance is held to

19  be invalid, the invalidity does not affect other provisions or

20  applications of the act which can be given effect without the

21  invalid provision or application, and, to this end, the

22  provisions of this act are declared severable.

23         Section 4.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                          SENATE SUMMARY

28    Provides restrictions on the sale or transfer of water
      resources.
29

30

31

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