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A bill to be entitled |
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An act relating to the regulation of water production and |
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distribution facilities within the South Florida Water |
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Management District and the St. Johns Water Management |
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District; providing a popular name; requiring an agreement |
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establishing jurisdiction of a single water management |
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district over the implementation of consumptive use |
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permitting pursuant to chapter 373, Florida Statutes; |
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providing an effective date. |
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WHEREAS, Orange County operates a water supply system |
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within the geographical limits of the South Florida Water |
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Management District and the St. Johns River Water |
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Management District, and |
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WHEREAS, both the South Florida Water Management |
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District and the St. Johns River Water Management District |
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assert jurisdiction over portions of the county's water |
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supply system, and |
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WHEREAS, both the South Florida Water Management |
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District and the St. Johns River Water Management District |
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require the county to obtain separate consumptive use |
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permits, pursuant to part II of chapter 373, Florida |
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Statutes, and their respective rules promulgated |
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thereunder, for the operation of portions of the county's |
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water supply system, and |
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WHEREAS, Orange County incurs significant additional |
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costs due to the dual permitting programs of the South |
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Florida Water Management District and the St. Johns River |
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Water Management District, and |
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WHEREAS, consolidation of the consumptive use |
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permitting programs as applied to Orange County's water |
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supply system will result in greater operational |
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efficiency and cost savings, and |
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WHEREAS, it is the intent of the Legislature to |
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require the water management districts to enter into an |
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interagency agreement to designate one of the water |
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management districts as the exclusive regulator of the |
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Orange County potable water supply facilities under part |
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II of chapter 373, Florida Statues, NOW, THEREFORE, |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. This act may be referred to by the popular name |
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"Orange County Consumptive Use Permit Consolidation Act."
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Section 2. For purposes of consumptive water use |
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permitting pursuant to chapter 373, Florida Statutes, any |
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potable water production and distribution facilities owned or |
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controlled by Orange County are to be regulated by a single |
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water management district. The affected districts shall |
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designate a single affected district by interagency agreement |
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consistent with section 373.046, Florida Statutes, to regulate |
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the potable water supply facilities operated by Orange County |
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exclusively under the rules of the designated district and to |
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issue any permit for consumptive use of water under part II of |
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the Florida Water Resources Act of 1972, as amended, as set |
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forth in sections 373.203-373.250, Florida Statutes. In the |
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event that the affected districts do not enter into such an |
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interagency agreement by June 30, 2003, Orange County may |
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designate a single affected water management district to |
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regulate its facilities until such time as the required |
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interagency agreement is entered.
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Section 3. This act is not intended to conflict with the |
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exclusive authority of the Water Resources Act to regulate the |
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consumptive use of water as provided in section 373.217, Florida |
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Statutes. In the event that a general law is enacted that has |
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the effect of directing the affected water management districts |
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to enter into an interagency agreement by a date certain |
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designating a single water management district to regulate the |
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Orange County potable water supply facilities, the general law |
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shall control. Until such a comprehensive revision to general |
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law is enacted, this act shall control in the event of a |
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conflict. |
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Section 4. This act shall take effect upon becoming a law. |