| 1 | The State Resources Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to agricultural water conservation; |
| 7 | requiring each water management district to review rule |
| 8 | criteria for environmental resource permits, existing |
| 9 | permit exemptions, and alternatives to standard permitting |
| 10 | programs, and recommend regulatory alternatives that will |
| 11 | encourage agricultural water conservation; requiring a |
| 12 | report by the Department of Agriculture and Consumer |
| 13 | Services and the Department of Environmental Protection to |
| 14 | the appropriate legislative committees; amending s. |
| 15 | 373.236, F.S.; authorizing the issuance of permits for |
| 16 | agricultural production for a specified period for uses |
| 17 | that replace a water supply source that has been impacted |
| 18 | by water-use withdrawals; amending s. 373.406, F.S.; |
| 19 | providing that an exemption provided for activities having |
| 20 | minimal adverse impact does not apply to any activities |
| 21 | that are conducted as mitigation for wetland or other |
| 22 | surface water impacts; amending s. 373.2234, F.S.; |
| 23 | conforming a cross reference; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Each water management district, in cooperation |
| 28 | with the Department of Environmental Protection and the |
| 29 | Department of Agriculture and Consumer Services, shall review |
| 30 | rule criteria for environmental resource permits, existing |
| 31 | permit exemptions, and alternatives to standard permitting |
| 32 | programs, such as the Agricultural Ground and Surface Water |
| 33 | Management Program implemented within the Southwest Florida |
| 34 | Water Management District, and make recommendations to the |
| 35 | Legislature regarding regulatory alternatives that will |
| 36 | encourage agricultural water conservation. By October 1, 2005, |
| 37 | the Department of Agriculture and Consumer Services and the |
| 38 | Department of Environmental Protection shall provide |
| 39 | recommendations developed by the review to the chairs of the |
| 40 | Senate Committee on Agriculture, the Senate Committee on |
| 41 | Environmental Preservation, the House of Representatives |
| 42 | Committee on Agriculture, and the House of Representatives |
| 43 | Committee on Water and Natural Resources. |
| 44 | Section 2. Subsection (3) of section 373.236, Florida |
| 45 | Statutes, is renumbered as subsection (4), and a new subsection |
| 46 | (3) is added to that section, to read: |
| 47 | 373.236 Duration of permits; compliance reports.-- |
| 48 | (3) In addition to other provisions of this section, |
| 49 | permits for agricultural production shall be issued for a period |
| 50 | of 20 years for uses that replace a water supply source that has |
| 51 | been impacted by water-use withdrawals, if there is sufficient |
| 52 | data to provide reasonable assurance that the conditions for |
| 53 | issuance will be met for the 20-year duration; otherwise, |
| 54 | permits may be issued for shorter durations that reflect the |
| 55 | period for which such reasonable assurances can be provided. |
| 56 | Section 3. Subsection (9) of section 373.406, Florida |
| 57 | Statutes, is amended to read: |
| 58 | 373.406 Exemptions.--The following exemptions shall apply: |
| 59 | (9) Implementation of measures having the primary purpose |
| 60 | of environmental restoration, water conservation, or water |
| 61 | quality improvement on agricultural lands are exempt from |
| 62 | regulation under this part where these measures or practices are |
| 63 | determined by the district or department, on a case-by-case |
| 64 | basis, to have minimal or insignificant individual and |
| 65 | cumulative adverse impact on the water resources of the district |
| 66 | state. The district or department shall provide written |
| 67 | notification as to whether the proposed activity qualifies for |
| 68 | the exemption within 30 days after receipt of a written notice |
| 69 | requesting the exemption. No activity under this exemption shall |
| 70 | commence until the district or department has provided written |
| 71 | notice that the activity qualifies for the exemption. This |
| 72 | exemption does not apply to any activities that are conducted as |
| 73 | mitigation for wetland or other surface water impacts or any |
| 74 | activities within a mitigation bank. |
| 75 | Section 4. Section 373.2234, Florida Statutes, is amended |
| 76 | to read: |
| 77 | 373.2234 Preferred water supply sources.--The governing |
| 78 | board of a water management district is authorized to adopt |
| 79 | rules that identify preferred water supply sources for |
| 80 | consumptive uses for which there is sufficient data to establish |
| 81 | that a preferred source will provide a substantial new water |
| 82 | supply to meet the existing and projected reasonable-beneficial |
| 83 | uses of a water supply planning region identified pursuant to s. |
| 84 | 373.0361(1), while sustaining existing water resources and |
| 85 | natural systems. At a minimum, such rules must contain a |
| 86 | description of the preferred water supply source and an |
| 87 | assessment of the water the preferred source is projected to |
| 88 | produce. If an applicant proposes to use a preferred water |
| 89 | supply source, that applicant's proposed water use is subject to |
| 90 | s. 373.223(1), except that the proposed use of a preferred water |
| 91 | supply source must be considered by a water management district |
| 92 | when determining whether a permit applicant's proposed use of |
| 93 | water is consistent with the public interest pursuant to s. |
| 94 | 373.223(1)(c). A consumptive use permit issued for the use of a |
| 95 | preferred water supply source must be granted, when requested by |
| 96 | the applicant, for at least a 20-year period and may be subject |
| 97 | to the compliance reporting provisions of s. 373.236(4)(3). |
| 98 | Nothing in this section shall be construed to exempt the use of |
| 99 | preferred water supply sources from the provisions of ss. |
| 100 | 373.016(4) and 373.223(2) and (3), or be construed to provide |
| 101 | that permits issued for the use of a nonpreferred water supply |
| 102 | source must be issued for a duration of less than 20 years or |
| 103 | that the use of a nonpreferred water supply source is not |
| 104 | consistent with the public interest. Additionally, nothing in |
| 105 | this section shall be interpreted to require the use of a |
| 106 | preferred water supply source or to restrict or prohibit the use |
| 107 | of a nonpreferred water supply source. Rules adopted by the |
| 108 | governing board of a water management district to implement this |
| 109 | section shall specify that the use of a preferred water supply |
| 110 | source is not required and that the use of a nonpreferred water |
| 111 | supply source is not restricted or prohibited. |
| 112 | Section 5. This act shall take effect July 1, 2005. |