Florida Senate - 2009                                    SB 1904
       
       
       
       By Senator Altman
       
       
       
       
       24-01193A-09                                          20091904__
    1                        A bill to be entitled                      
    2         An act relating to water supply development projects;
    3         amending s. 373.236, F.S.; providing legislative
    4         findings; authorizing the Department of Environmental
    5         Protection and the governing boards of water
    6         management districts to grant permits as incentives
    7         for landowners to pursue alternative water supply
    8         projects; providing requirements for such permits;
    9         providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Subsection (6) is added to section 373.236,
   14  Florida Statutes, to read:
   15         373.236 Duration of permits; compliance reports.—
   16         (6)(a) The Legislature finds that the need for alternative
   17  water supply development projects to meet the anticipated public
   18  water supply demands of the state is so important that it is
   19  essential to encourage participation in and contribution to such
   20  projects by private rural landowners who characteristically have
   21  relatively modest near-term water demands but substantially
   22  increasing demands after the 20-year horizon in s. 373.0361. If
   23  landowners make extraordinary contributions of lands or
   24  construction funding to enable the expeditious implementation
   25  for such projects, the governing boards of water management
   26  districts and the department may grant permits for such projects
   27  for a period of up to 50 years to municipalities, counties,
   28  special districts, regional water supply authorities,
   29  multijurisdictional water supply entities, and publicly owned or
   30  privately owned utilities that have entered into an agreement
   31  with the private landowner for the purpose of more efficiently
   32  pursuing alternative public water supply development projects
   33  that are identified in a district's regional water supply plan
   34  and that meet the water demands of both the applicant and the
   35  landowner. This paragraph does not apply to any foregoing entity
   36  created for or by a private landowner after April 1, 2008.
   37         (b) A permit issued pursuant to paragraph (a) shall be
   38  granted only during the period of time for which there is
   39  sufficient data to provide reasonable assurance that the
   40  conditions of issuance will be met. Such permit shall require a
   41  compliance report by the permittee every 5 years during the term
   42  of the permit. The report shall contain sufficient data to
   43  maintain reasonable assurance that the conditions for permit
   44  issuance applicable at the time of district review of the
   45  compliance report are met. Following review of this report, the
   46  water management district or the department may modify the
   47  permit to ensure that the use meets the conditions for issuance.
   48  This subsection does not limit the existing authority of the
   49  department or the governing board to modify or revoke a
   50  consumptive use permit.
   51         Section 2. This act shall take effect July 1, 2009.