Senate Bill sb0574c1

    Florida Senate - 2002                            CS for SB 574

    By the Committee on Natural Resources; and Senator Brown-Waite





    312-2086-02

  1                      A bill to be entitled

  2         An act relating to establishing minimum flows

  3         and levels for springs; amending s. 373.042,

  4         F.S.; providing a schedule for completing

  5         establishment of minimum flows and levels;

  6         providing an exception; providing an effective

  7         date.

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

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

12  Statutes, is amended to read:

13         373.042  Minimum flows and levels.--

14         (2)  By July 1, 1996, the Southwest Florida Water

15  Management District shall amend and submit to the department

16  for review and approval its priority list for the

17  establishment of minimum flows and levels and delineating the

18  order in which the governing board shall establish the minimum

19  flows and levels for surface watercourses, aquifers, and

20  surface water in the counties of Hillsborough, Pasco, and

21  Pinellas. By November 15, 1997, and annually thereafter, each

22  water management district shall submit to the department for

23  review and approval a priority list and schedule for the

24  establishment of minimum flows and levels for surface

25  watercourses, aquifers, and surface waters within the

26  district.  The priority list shall also identify those water

27  bodies for which the district will voluntarily undertake

28  independent scientific peer review.  By January 1, 1998, and

29  annually thereafter, each water management district shall

30  publish its approved priority list and schedule in the Florida

31  Administrative Weekly. The priority list shall be based upon

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    Florida Senate - 2002                            CS for SB 574
    312-2086-02




  1  the importance of the waters to the state or region and the

  2  existence of or potential for significant harm to the water

  3  resources or ecology of the state or region, and shall include

  4  those waters which are experiencing or may reasonably be

  5  expected to experience adverse impacts. By January 1, 2003,

  6  each water management district's priority list and schedule

  7  shall include all first magnitude springs, and all second

  8  magnitude springs within state or federally owned lands

  9  purchased for conservation purposes.  The specific schedule

10  for establishment of spring minimum flows and levels shall be

11  commensurate with the existing or potential threat to spring

12  flow from consumptive uses. Springs within the Suwannee River

13  Water Management District, or second magnitude springs in

14  other areas of the state, need not be included on the priority

15  list if the water management district submits a report to the

16  Department of Environmental Protection demonstrating that

17  adverse impacts are not now occurring nor are reasonably

18  expected to occur from consumptive uses during the next 20

19  years.  The priority list and schedule shall not be subject to

20  any proceeding pursuant to chapter 120.  Except as provided in

21  subsection (3), the development of a priority list and

22  compliance with the schedule for the establishment of minimum

23  flows and levels pursuant to this subsection shall satisfy the

24  requirements of subsection (1).

25         Section 2.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 2002                            CS for SB 574
    312-2086-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 574

  3

  4  The committee substitute amends s. 373.042, F.S., relating to
    minimum flows and levels instead of amending s. 373.223, F.S.,
  5  relating to conditions for a consumptive use permit.

  6  By January 1, 2003, each water management district's priority
    list and schedule for establishing minimum flows and levels
  7  shall include all first magnitude springs, and all second
    magnitude springs with state or federally owned lands
  8  purchased for conservation purposes. Springs within the
    Suwannee River Water Management District, or second magnitude
  9  springs in other areas of the state, need not be included on
    the priority list if the water management district submits a
10  report to the Department of Environmental Protection
    demonstrating that adverse impacts are not now occurring nor
11  are reasonably expected to occur from consumptive uses during
    the next 20 years.
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CODING: Words stricken are deletions; words underlined are additions.