HB 0611 2003
   
1 A bill to be entitled
2          An act relating to the regulation of water production and
3    distribution facilities within the South Florida Water
4    Management District and the St. Johns Water Management
5    District; providing a popular name; requiring an agreement
6    establishing jurisdiction of a single water management
7    district over the implementation of consumptive use
8    permitting pursuant to chapter 373, Florida Statutes;
9    providing an effective date.
10         
11          WHEREAS, Orange County operates a water supply system
12    within the geographical limits of the South Florida Water
13    Management District and the St. Johns River Water
14    Management District, and
15          WHEREAS, both the South Florida Water Management
16    District and the St. Johns River Water Management District
17    assert jurisdiction over portions of the county's water
18    supply system, and
19          WHEREAS, both the South Florida Water Management
20    District and the St. Johns River Water Management District
21    require the county to obtain separate consumptive use
22    permits, pursuant to part II of chapter 373, Florida
23    Statutes, and their respective rules promulgated
24    thereunder, for the operation of portions of the county's
25    water supply system, and
26          WHEREAS, Orange County incurs significant additional
27    costs due to the dual permitting programs of the South
28    Florida Water Management District and the St. Johns River
29    Water Management District, and
30          WHEREAS, consolidation of the consumptive use
31    permitting programs as applied to Orange County's water
32    supply system will result in greater operational
33    efficiency and cost savings, and
34          WHEREAS, it is the intent of the Legislature to
35    require the water management districts to enter into an
36    interagency agreement to designate one of the water
37    management districts as the exclusive regulator of the
38    Orange County potable water supply facilities under part
39    II of chapter 373, Florida Statues, NOW, THEREFORE,
40         
41          Be It Enacted by the Legislature of the State of Florida:
42         
43          Section 1. This act may be referred to by the popular name
44    "Orange County Consumptive Use Permit Consolidation Act."
45          Section 2. For purposes of consumptive water use
46    permitting pursuant to chapter 373, Florida Statutes, any
47    potable water production and distribution facilities owned or
48    controlled by Orange County are to be regulated by a single
49    water management district. The affected districts shall
50    designate a single affected district by interagency agreement
51    consistent with section 373.046, Florida Statutes, to regulate
52    the potable water supply facilities operated by Orange County
53    exclusively under the rules of the designated district and to
54    issue any permit for consumptive use of water under part II of
55    the Florida Water Resources Act of 1972, as amended, as set
56    forth in sections 373.203-373.250, Florida Statutes. In the
57    event that the affected districts do not enter into such an
58    interagency agreement by June 30, 2003, Orange County may
59    designate a single affected water management district to
60    regulate its facilities until such time as the required
61    interagency agreement is entered.
62          Section 3. This act is not intended to conflict with the
63    exclusive authority of the Water Resources Act to regulate the
64    consumptive use of water as provided in section 373.217, Florida
65    Statutes. In the event that a general law is enacted that has
66    the effect of directing the affected water management districts
67    to enter into an interagency agreement by a date certain
68    designating a single water management district to regulate the
69    Orange County potable water supply facilities, the general law
70    shall control. Until such a comprehensive revision to general
71    law is enacted, this act shall control in the event of a
72    conflict.
73          Section 4. This act shall take effect upon becoming a law.