Senate Bill sb0156

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                   SB 156

    By Senator Campbell





    32-200-03

  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 for severability; providing an

  8         effective date.

  9  

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

11  

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

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

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

15         373.1501  South Florida Water Management District as

16  local sponsor.--

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

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

19  water to other private persons or governmental entities, nor

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

21  to private or governmental persons in return for investment or

22  participation in any project component of the restudy.

23         Section 2.  Section 373.255, Florida Statutes, is

24  created to read:

25         373.255  Consumptive-use permits; restrictions.--

26         (1)  The Legislature finds that:

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

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

29  publicly owned and controlled resource;

30         (b)  Private market economic forces acting on the

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

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    Florida Senate - 2003                                   SB 156
    32-200-03




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

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

 3  agriculture; and

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

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

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

 7  preserved, notwithstanding benefits that may be derived from

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

 9  otherwise authorized by the Legislature.

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

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

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

13  water management district, whether the withdrawals under the

14  permit are from the same or different wellheads or

15  surface-water withdrawal locations.

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

17  consumptive water-use permit.

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

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

20  quantity from a permitted user.

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

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

23  permitted quantity, to a proposed transferred permittee. Any

24  attempted sale or transfer of a permitted quantity must be

25  considered a new use by the proposed transferred permittee for

26  which application for a new consumptive use permit is

27  required.

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

29  consumptive-use permit relates does not constitute a proposed

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

31  

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    Florida Senate - 2003                                   SB 156
    32-200-03




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

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

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

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

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

 6  permitted quantity.

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

 8  sought by a proposed transferred permittee must be evaluated

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

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

11  the proposed transferred permittee which were not previously

12  imposed on the existing permittee.

13         (7)  A water management district may not authorize the

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

15  to a permitted quantity in any manner inconsistent with this

16  section.

17         (8)  Each water management district may adopt rules to

18  administer this section.

19         Section 3.  If any provision of this act or its

20  application to any person or circumstance is held to be

21  invalid, the invalidity does not affect other provisions or

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

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

24  provisions of this act are severable.

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

26  law.

27  

28            *****************************************

29                          SENATE SUMMARY

30    Provides restrictions on the sale or transfer of water
      resources.
31  

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