HB 0407 2003
1	A bill to be entitled
2	An act relating to water management district regulation of
3	interdistrict projects; amending s. 373.046, F.S.;
4	revising provisions relating to permits for consumptive
5	use of water under certain circumstances; providing a
6	definition; amending s. 373.2295, F.S.; providing a
7	limitation on interdistrict transfer and use of
8	groundwater; revising provisions relating to
9	administration of pt. II of ch. 373, F.S.; providing for
10	applicability; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsection (6) of section 373.046, Florida
15	Statutes, is amended to read:
16	373.046 Interagency agreements.--
17	(6) When the geographic area of aproject orlocal
18	government crosses water management district boundaries, the
19	affected districts may designate a single affected district by
20	interagency agreement to implement in that area, under the rules
21	of the designated district, all or part of the applicable
22	regulatory responsibilities under this chapter, including any
23	permit for consumptive use of water under part II of this
24	chapter. When the geographic area of a project crosses water
25	management district boundaries, the affected districts shall
26	designate a single affected district by interagency agreement to
27	implement in that area, under rules of the designated district,
28	all of the applicable regulatory responsibilities required under
29	this chapter, including any permit for consumptive use of water
30	under part II of this chapter. As used in this subsection,
31	"project" includes a water utility service area. With regard to
32	projects existing on the effective date of this act, the water
33	management districts shall enter into such agreement within 1
34	year after receipt of a written request or for some longer
35	period of time agreed to by the project owner. For new projects,
36	the water management districts shall enter into such agreement
37	within 1 year after filing the first permit application under
38	this chapter or for some longer period of time agreed to by the
39	project owner. In the event the water management districts do
40	not enter into such an agreement within the applicable time
41	period, the project owner may designate a district to regulate
42	the project under rules established by the designated district
43	which include all applicable regulatory responsibilities
44	authorized by this chapter. Interagency agreements entered into
45	under this subsection which apply to the geographic area of a
46	local government must have the concurrence of the affected local
47	government. The application under this subsection, by rule, of
48	any existing district rule that was adopted or formally noticed
49	for adoption on or before May 11, 1995, is not subject to s.
50	70.001.
51	Section 2. Subsections (1) and (9) of section 373.2295,
52	Florida Statutes, are amended to read:
53	373.2295 Interdistrict transfers of groundwater.--
54	(1) As used in this section, "interdistrict transfer and
55	use" means a consumptive water use which involves the withdrawal
56	of groundwater from a point within one water management district
57	for use outside the boundaries of that districtbut does not
58	include a withdrawal and use within the same county.
59	(9) In administering this part, the department or the
60	water management districts may enter into interagency
61	agreements, including agreements entered into pursuant to s.
62	373.046(6) which designate a single affected district to
63	implement the provisions of this section under the rules of the
64	designated district. However, such agreements are not subject to
65	the provisions of s. 373.046 and chapter 120.
66	Section 3.The amendments to subsection (6) of section
67	373.046, Florida Statutes, shall supersede any conflicting
68	provisions contained in any other law, general, special, or
69	local, applicable to regulation of projects that cross water
70	management district boundaries. However, any interagency
71	agreement entered into and consistent with subsection (6) of
72	section 373.046, Florida Statutes, prior to the effective date
73	of this act shall be approved.
74	Section 4. This act shall take effect upon becoming a law.
75