Florida Senate - 2013 SB 244 By Senator Dean 5-00393-13 2013244__ 1 A bill to be entitled 2 An act relating to water management districts; 3 amending s. 373.042, F.S.; requiring water management 4 districts to include certain reservations and water 5 bodies in priority lists and schedules; providing for 6 the adoption of certain reservations and minimum flows 7 and levels by the Department of Environmental 8 Protection; requiring water management districts to 9 apply, without adopting by rule, the reservations, 10 minimum flows and levels, and recovery and prevention 11 strategies adopted by the department; amending s. 12 373.046, F.S.; authorizing water management districts 13 to enter into interagency agreements for resource 14 management activities under specified conditions; 15 providing applicability; amending s. 373.171, F.S.; 16 exempting cooperative funding programs from certain 17 rulemaking requirements; amending s. 373.709, F.S., 18 relating to regional water supply planning; removing a 19 reference to the Southwest Florida Water Management 20 District; requiring a regional water supply authority 21 and the applicable water management district to 22 jointly develop the water supply component of the 23 regional water supply plan; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsections (4) and (5) of section 373.042, 29 Florida Statutes, are renumbered as subsections (5) and (6), 30 respectively, a new subsection (4) is added to that section, and 31 subsection (2) of that section is amended, to read: 32 373.042 Minimum flows and levels.— 33 (2) By November 15, 1997, and annually thereafter, each 34 water management district shall submit to the department for 35 review and approval a priority list and schedule for the 36 establishment of minimum flows and levels for surface 37 watercourses, aquifers, and surface waters within the district. 38 The priority list and schedule shall
alsoidentify those listed 39 water bodies for which the district will voluntarily undertake 40 independent scientific peer review; any reservations proposed by 41 the district to be established pursuant to s. 373.223(4); and 42 those listed water bodies that have the potential to be affected 43 by withdrawals in an adjacent district for which the 44 department’s adoption of a reservation pursuant to s. 373.223(4) 45 or a minimum flow or level pursuant to subsection (1) may be 46 appropriate. By March 1, 2006, and annually thereafter, each 47 water management district shall include its approved priority 48 list and schedule in the consolidated annual report required by 49 s. 373.036(7). The priority list shall be based upon the 50 importance of the waters to the state or region and the 51 existence of or potential for significant harm to the water 52 resources or ecology of the state or region, and shall include 53 those waters which are experiencing or may reasonably be 54 expected to experience adverse impacts. Each water management 55 district’s priority list and schedule shall include all first 56 magnitude springs, and all second magnitude springs within state 57 or federally owned lands purchased for conservation purposes. 58 The specific schedule for establishment of spring minimum flows 59 and levels shall be commensurate with the existing or potential 60 threat to spring flow from consumptive uses. Springs within the 61 Suwannee River Water Management District, or second magnitude 62 springs in other areas of the state, need not be included on the 63 priority list if the water management district submits a report 64 to the Department of Environmental Protection demonstrating that 65 adverse impacts are not now occurring nor are reasonably 66 expected to occur from consumptive uses during the next 20 67 years. The priority list and schedule is shallnot besubject to 68 any proceeding pursuant to chapter 120. Except as provided in 69 subsection (3), the development of a priority list and 70 compliance with the schedule for the establishment of minimum 71 flows and levels pursuant to this subsection satisfies shall72 satisfythe requirements of subsection (1). 73 (4) A water management district shall provide the 74 department with technical information and staff support for the 75 development of a reservation, minimum flow or level, or recovery 76 or prevention strategy to be adopted by the department by rule. 77 A water management district shall apply any reservation, minimum 78 flow or level, or recovery or prevention strategy adopted by the 79 department by rule without the district’s adoption by rule of 80 such reservation, minimum flow or level, or recovery or 81 prevention strategy. 82 Section 2. Subsection (7) is added to section 373.046, 83 Florida Statutes, to read: 84 373.046 Interagency agreements.— 85 (7) If the geographic area of a resource management 86 activity, study, or project crosses water management district 87 boundaries, the affected districts may designate a single 88 affected district to conduct all or part of the applicable 89 resource management responsibilities under this chapter, with 90 the exception of those regulatory responsibilities that are 91 subject to subsection (6). If funding assistance is provided to 92 a resource management activity, study, or project, the district 93 providing the funding must ensure that some or all of the 94 benefits accrue to the funding district. This subsection does 95 not impair any interagency agreement in effect on July 1, 2013. 96 Section 3. Subsection (5) is added to section 373.171, 97 Florida Statutes, to read: 98 373.171 Rules.— 99 (5) Cooperative funding programs are not subject to the 100 rulemaking requirements of chapter 120. However, any portion of 101 an approved program which affects the substantial interests of a 102 party is subject to s. 120.569. 103 Section 4. Subsection (3) of section 373.709, Florida 104 Statutes, is amended to read: 105 373.709 Regional water supply planning.— 106 (3) The water supply development component of a regional 107 water supply plan which deals with or affects public utilities 108 and public water supply for those areas served by a regional 109 water supply authority and its member governments within the110 boundary of the Southwest Florida Water Management District111 shall be developed jointly by the authority and the applicable 112 water management district. In areas not served by regional water 113 supply authorities, or other multijurisdictional water supply 114 entities, and where opportunities exist to meet water supply 115 needs more efficiently through multijurisdictional projects 116 identified pursuant to paragraph (2)(a), water management 117 districts are directed to assist in developing 118 multijurisdictional approaches to water supply project 119 development jointly with affected water utilities, special 120 districts, and local governments. 121 Section 5. This act shall take effect July 1, 2013.