Senate Bill sb2368c1

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    Florida Senate - 2005                           CS for SB 2368

    By the Committee on Environmental Preservation; and Senator
    Argenziano




    592-1995-05

  1                      A bill to be entitled

  2         An act relating to minimum flows and levels of

  3         surface watercourses; amending s. 373.042,

  4         F.S.; deleting a provision under which second

  5         magnitude springs are not included on the

  6         priority list under certain conditions;

  7         requiring the Suwannee River Water Management

  8         District and the Southwest Florida Water

  9         Management District to establish minimum flows

10         and levels for certain magnitude springs by a

11         certain date; providing that such minimum flows

12         and levels are not subject to independent peer

13         review; requiring that a minimum flow or level

14         take effect notwithstanding the filing of a

15         petition for an administrative hearing;

16         amending s. 373.59, F.S.; authorizing the

17         Suwannee River Water Management District and

18         the Southwest Florida Water Management District

19         to use money from the Water Management Lands

20         Trust Fund for the purpose of establishing

21         minimum flows or levels for first and second

22         magnitude springs; providing an effective date.

23  

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

25  

26         Section 1.  Subsection (2) of section 373.042, Florida

27  Statutes, is amended to read:

28         373.042  Minimum flows and levels.--

29         (2)(a)  By November 15, 1997, and annually thereafter,

30  each water management district shall submit to the department

31  for review and approval a priority list and schedule for the

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    Florida Senate - 2005                           CS for SB 2368
    592-1995-05




 1  establishment of minimum flows and levels for surface

 2  watercourses, aquifers, and surface waters within the

 3  district. The priority list shall also identify those water

 4  bodies for which the district will voluntarily undertake

 5  independent scientific peer review.

 6         (b)  By January 1, 1998, and annually thereafter, each

 7  water management district shall publish its approved priority

 8  list and schedule in the Florida Administrative Weekly. The

 9  priority list shall be based upon the importance of the waters

10  to the state or region and the existence of or potential for

11  significant harm to the water resources or ecology of the

12  state or region, and shall include those waters which are

13  experiencing or may reasonably be expected to experience

14  adverse impacts.

15         (c)  By January 1, 2003, each water management

16  district's priority list and schedule shall include all first

17  magnitude springs, and all second magnitude springs within

18  state or federally owned lands purchased for conservation

19  purposes. The specific schedule for establishment of spring

20  minimum flows and levels shall be commensurate with the

21  existing or potential threat to spring flow from consumptive

22  uses. Springs within the Suwannee River Water Management

23  District, or second magnitude springs in other areas of the

24  state, need not be included on the priority list if the water

25  management district submits a report to the Department of

26  Environmental Protection demonstrating that adverse impacts

27  are not now occurring nor are reasonably expected to occur

28  from consumptive uses during the next 20 years. The priority

29  list and schedule shall not be subject to any proceeding

30  pursuant to chapter 120.

31  

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    Florida Senate - 2005                           CS for SB 2368
    592-1995-05




 1         (d)  By January 1, 2008, the Suwannee River Water

 2  Management District and the Southwest Florida Water Management

 3  District must establish minimum flows and levels for all first

 4  and second magnitude springs remaining on their respective

 5  priority lists on the effective date of this act. Minimum

 6  flows and levels established under this paragraph are not

 7  subject to the independent peer-review provisions of this

 8  section. A minimum flow or level established under this

 9  paragraph shall take effect even if a substantially affected

10  person files a petition for an administrative hearing under

11  chapter 120 challenging the establishment of the minimum flow

12  or level.

13         (e)  Except as provided in subsection (3), the

14  development of a priority list and compliance with the

15  schedule for the establishment of minimum flows and levels

16  pursuant to this subsection shall satisfy the requirements of

17  subsection (1).

18         Section 2.  Subsection (12) is added to section 373.59,

19  Florida Statutes, to read:

20         373.59  Water Management Lands Trust Fund.--

21         (12)  Notwithstanding the provisions of this section,

22  in the 2005-2006 and 2006-2007 fiscal years, the Suwannee

23  River Water Management District and the Southwest Florida

24  Water Management District may each use not more than $4

25  million per year of moneys allocated to the respective

26  districts from the Water Management Lands Trust Fund,

27  including any unused portion and interest earnings on those

28  moneys, for the purposes of establishing minimum flows or

29  levels for first and second magnitude springs pursuant to s.

30  370.042(2)(d).

31  

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    Florida Senate - 2005                           CS for SB 2368
    592-1995-05




 1         Section 3.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 2368

 6                                 

 7  The committee substute deletes a provision that the springs
    within the Suwannee River Water Management District and second
 8  magnitude springs in other areas of the state need not be
    included on the water management district's minimum flows and
 9  levels priority list under certain conditions.

10  Provides that by January 1, 2008, the Suwannee River Water
    Management District and the Southwest Florida Water Management
11  District must establish minimum flows and levels for all first
    and second magnitude springs remaining on their respective
12  priority lists on the effective date of the bill. Such minimum
    flows and levels are not subject to independent peer review. A
13  minimum flow or level shall take effect even if a
    substantially affected person files a petition for an
14  administrative hearing under ch. 120, F.S.

15  For the next 2 fiscal years, the Suwannee River Water
    Management District and the Southwest Florida Water Management
16  District may each use not more than $4 million per year of
    certain specified moneys for the establishment of minimum
17  flows and levels for first and second magnitude springs.

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