House Bill hb0633

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    Florida House of Representatives - 2002                 HB 633

        By Representative Argenziano






  1                      A bill to be entitled

  2         An act relating to water use permits; amending

  3         s. 373.223, F.S.; prohibiting the issuance of

  4         permits for the use of water from springs until

  5         minimum flows and levels have been established

  6         by the governing boards of water management

  7         districts or the Department of Environmental

  8         Protection; providing an effective date.

  9

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

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12         Section 1.  Section 373.223, Florida Statutes, is

13  amended to read:

14         373.223  Conditions for a permit.--

15         (1)  To obtain a permit pursuant to the provisions of

16  this chapter, the applicant must establish that the proposed

17  use of water:

18         (a)  Is a reasonable-beneficial use as defined in s.

19  373.019;

20         (b)  Will not interfere with any presently existing

21  legal use of water; and

22         (c)  Is consistent with the public interest.

23         (2)  The governing board or the department may

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

25  ground or surface water beyond overlying land, across county

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

27  the governing board or department determines that such

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

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

30  rule, regulation, or order to the contrary.

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    Florida House of Representatives - 2002                 HB 633

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  1         (3)  Except for the transport and use of water supplied

  2  by the Central and Southern Florida Flood Control Project, and

  3  anywhere in the state when the transport and use of water is

  4  supplied exclusively for bottled water as defined in s.

  5  500.03(1)(d), any water use permit applications pending as of

  6  April 1, 1998, with the Northwest Florida Water Management

  7  District and self-suppliers of water for which the proposed

  8  water source and area of use or application are located on

  9  contiguous private properties, when evaluating whether a

10  potential transport and use of ground or surface water across

11  county boundaries is consistent with the public interest,

12  pursuant to paragraph (1)(c), the governing board or

13  department shall consider:

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

15  area of use or application.

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

17  watercourses that are geographically closer to the area of use

18  or application than the proposed source, and that are

19  technically and economically feasible for the proposed

20  transport and use.

21         (c)  All economically and technically feasible

22  alternatives to the proposed source, including, but not

23  limited to, desalination, conservation, reuse of nonpotable

24  reclaimed water and stormwater, and aquifer storage and

25  recovery.

26         (d)  The potential environmental impacts that may

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

28  source, and the potential environmental impacts that may

29  result from use of the other water sources identified in

30  paragraphs (b) and (c).

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    Florida House of Representatives - 2002                 HB 633

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  1         (e)  Whether existing and reasonably anticipated

  2  sources of water and conservation efforts are adequate to

  3  supply water for existing legal uses and reasonably

  4  anticipated future needs of the water supply planning region

  5  in which the proposed water source is located.

  6         (f)  Consultations with local governments affected by

  7  the proposed transport and use.

  8         (g)  The value of the existing capital investment in

  9  water-related infrastructure made by the applicant.

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11  Where districtwide water supply assessments and regional water

12  supply plans have been prepared pursuant to ss. 373.036 and

13  373.0361, the governing board or the department shall use the

14  applicable plans and assessments as the basis for its

15  consideration of the applicable factors in this subsection.

16         (4)  The governing board or the department, by

17  regulation, may reserve from use by permit applicants, water

18  in such locations and quantities, and for such seasons of the

19  year, as in its judgment may be required for the protection of

20  fish and wildlife or the public health and safety.  Such

21  reservations shall be subject to periodic review and revision

22  in the light of changed conditions.  However, all presently

23  existing legal uses of water shall be protected so long as

24  such use is not contrary to the public interest.

25         (5)  The governing board or the department may not

26  approve a permit for the use of water from a spring either

27  directly from the spring head or from the area near the spring

28  head which would impact the normal flows from the spring,

29  until the governing board or the department has established

30  the minimum flows and levels for the spring and the related

31  groundwater supplies. However, all presently existing legal

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    Florida House of Representatives - 2002                 HB 633

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  1  uses of water from springs shall be protected so long as such

  2  use is not contrary to the public interest.

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

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Prohibits the issuance of permits for the use of water
      from springs until minimum flows and levels have been
  9    established.

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