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                1 | CHAMBER ACTION | 
                | 2 |  | 
              
                | 3 |  | 
              
                | 4 |  | 
              
                | 5 |  | 
              
                | 6 | The Committee on Natural Resources recommends the following: | 
              
                | 7 |  | 
              
                | 8 | Committee Substitute | 
              
                | 9 | Remove the entire bill and insert: | 
              
                | 10 | A bill to be entitled | 
              
                | 11 | An act relating to water resources; amending s. 373.223, | 
              
                | 12 | F.S.; revising provisions relating to water reservations; | 
              
                | 13 | defining "independent scientific peer review"; providing | 
              
                | 14 | for selection and duties of an independent scientific peer | 
              
                | 15 | review panel; providing for a report; providing for | 
              
                | 16 | applicability; providing exceptions; providing for rules; | 
              
                | 17 | providing for administrative hearings; providing for a | 
              
                | 18 | water recovery or prevention plan and for implementation | 
              
                | 19 | thereof; amending s. 373.250, F.S.; authorizing water | 
              
                | 20 | management districts to require use of uncommitted | 
              
                | 21 | reclaimed water under certain circumstances and with | 
              
                | 22 | certain limitations; amending s. 403.064, F.S.; requiring | 
              
                | 23 | that the conclusions of a reuse feasibility study be | 
              
                | 24 | considered in analyzing the feasibility of providing | 
              
                | 25 | reclaimed water for reuse; providing an effective date. | 
              
                | 26 |  | 
              
                | 27 | Be It Enacted by the Legislature of the State of Florida: | 
              
                | 28 |  | 
              
                | 29 | Section 1.  Subsection (4) of section 373.223, Florida | 
              
                | 30 | Statutes, is amended to read: | 
              
                | 31 | 373.223  Conditions for a permit.-- | 
              
                | 32 | (4)(a)  The governing board or the department, by rule | 
              
                | 33 | regulation, may reserve from use by permit applicants,water in | 
              
                | 34 | such locations and quantities, and for such seasons of the year, | 
              
                | 35 | as in its judgment may be required for the protection of fish | 
              
                | 36 | and wildlife or the public health and safety. Such reservations | 
              
                | 37 | shall be subject to periodic review and revision at least every | 
              
                | 38 | 5 years, in conjunction with the district's review of regional | 
              
                | 39 | water supply plans in the light of changed conditions, and | 
              
                | 40 | revised if necessary. However, all presently existing legal uses | 
              
                | 41 | of water shall be protected so long as such use is not contrary | 
              
                | 42 | to the public interest. | 
              
                | 43 | (b)  By July 1, 2004, or the next required update to the | 
              
                | 44 | applicable water management district’s regional water supply | 
              
                | 45 | plan, whichever occurs first, and at least every 5 years | 
              
                | 46 | thereafter, each water management district that intends to | 
              
                | 47 | establish water reservations shall set forth in its regional | 
              
                | 48 | water supply plan approved pursuant to s. 373.0361 a priority | 
              
                | 49 | list and schedule for the establishment of its proposed | 
              
                | 50 | reservations, as well as an explanation of the reasons and | 
              
                | 51 | conditions supporting the need for those reservations. The | 
              
                | 52 | priority list and schedule shall also identify those | 
              
                | 53 | reservations for which the district will voluntarily undertake | 
              
                | 54 | independent scientific peer review. However, nothing in this | 
              
                | 55 | subsection shall preclude a water management district from | 
              
                | 56 | adopting a rule establishing a water reservation for a water | 
              
                | 57 | body or an area not shown on the priority list or schedule. | 
              
                | 58 | (c)  Upon written request to the department or the | 
              
                | 59 | governing board by a substantially affected person, or by | 
              
                | 60 | decision of the department or the governing board, prior to the | 
              
                | 61 | establishment of a reservation of water and prior to the filing | 
              
                | 62 | of any petition for an administrative hearing related to a | 
              
                | 63 | reservation of water, all scientific or technical data, | 
              
                | 64 | methodologies, and models, including all scientific and | 
              
                | 65 | technical assumptions employed in each model, used to establish | 
              
                | 66 | the water reservation shall be subject to independent scientific | 
              
                | 67 | peer review. "Independent scientific peer review" means a review | 
              
                | 68 | by a panel of independent, recognized experts in the fields of | 
              
                | 69 | hydrology, hydrogeology, limnology, biology, and other | 
              
                | 70 | scientific disciplines, to the extent relevant to the | 
              
                | 71 | establishment of the reservation. | 
              
                | 72 | (d)  If independent scientific peer review is requested, it | 
              
                | 73 | shall be initiated at an appropriate point agreed upon by the | 
              
                | 74 | department or the governing board and the person or persons | 
              
                | 75 | requesting the peer review. If no agreement is reached, the | 
              
                | 76 | department or the governing board shall determine the | 
              
                | 77 | appropriate point at which to initiate the peer review. The | 
              
                | 78 | members of the peer review panel shall be selected within 60 | 
              
                | 79 | days after the point of initiation by agreement of the | 
              
                | 80 | department or the governing board and the person or persons | 
              
                | 81 | requesting the peer review. If the peer review panel is not | 
              
                | 82 | selected within the 60-day period, the time limitation may be | 
              
                | 83 | waived upon the agreement of all parties. If no waiver occurs, | 
              
                | 84 | the department or the governing board may proceed to select the | 
              
                | 85 | peer review panel. The cost of the peer review shall be borne | 
              
                | 86 | equally by the district and each party requesting the peer | 
              
                | 87 | review to the extent economically feasible. The peer review | 
              
                | 88 | panel shall submit a final report to the governing board within | 
              
                | 89 | 120 days after its selection unless the deadline is waived by | 
              
                | 90 | agreement of all parties. Initiation of the peer review pursuant | 
              
                | 91 | to this paragraph shall toll any applicable deadline under | 
              
                | 92 | chapter 120 or any other law or district rule regarding | 
              
                | 93 | permitting, rulemaking, or administrative hearings, until 60 | 
              
                | 94 | days following submittal of the peer review panel’s final | 
              
                | 95 | report. Any such deadlines shall also be tolled for 60 days | 
              
                | 96 | following withdrawal of the request or following agreement of | 
              
                | 97 | the parties that the peer review will no longer be pursued. The | 
              
                | 98 | department or the governing board shall give significant weight | 
              
                | 99 | to the final report of the peer review panel when establishing | 
              
                | 100 | the water reservation. | 
              
                | 101 | (e)  If the final data, methodologies, and models, | 
              
                | 102 | including all scientific and technical assumptions employed in | 
              
                | 103 | each model upon which a water reservation is based, have | 
              
                | 104 | undergone the peer review pursuant to this subsection, by | 
              
                | 105 | request or by decision of the department or the governing board, | 
              
                | 106 | no further peer review shall be required with respect to that | 
              
                | 107 | water reservation. | 
              
                | 108 | (f)  No reservation of water adopted by rule or formally | 
              
                | 109 | noticed for adoption on or before July 1, 2003, shall be subject | 
              
                | 110 | to this subsection. | 
              
                | 111 | (g)  Notwithstanding any other provision of this section to | 
              
                | 112 | the contrary, to assist in implementing the comprehensive plan | 
              
                | 113 | as defined in s. 373.470(2)(a) and achieving the purposes | 
              
                | 114 | identified in s. 373.470(3)(b), the governing board of the South | 
              
                | 115 | Florida Water Management District, upon completion of a project | 
              
                | 116 | implementation report as required by s. 373.470(3)(c) and the | 
              
                | 117 | approval of said report pursuant to s. 373.026(8)(b), may by | 
              
                | 118 | rule reserve water for the natural system and determine regional | 
              
                | 119 | water availability for other uses to be made available by the | 
              
                | 120 | project component. The rule shall state when the quantities are | 
              
                | 121 | anticipated to become available and how the reserved water and | 
              
                | 122 | quantities of water for other uses will be adjusted if the | 
              
                | 123 | actual water made available is different than the quantity | 
              
                | 124 | anticipated. Once a project component is constructed and in | 
              
                | 125 | operation, the reservation and quantities of water made | 
              
                | 126 | available for other uses shall be reviewed and modified, as | 
              
                | 127 | necessary, based upon the performance of the project component. | 
              
                | 128 | (h)  If a petition for administrative hearing is filed | 
              
                | 129 | under chapter 120 challenging the establishment of the | 
              
                | 130 | reservation of water, the report of an independent scientific | 
              
                | 131 | peer review conducted under this subsection is admissible as | 
              
                | 132 | evidence in the final hearing. To the extent that the parties | 
              
                | 133 | agree to the findings of the peer review, they may stipulate | 
              
                | 134 | that those findings shall be incorporated as findings of fact in | 
              
                | 135 | the final order. | 
              
                | 136 | (i)  If the department or the governing board determines | 
              
                | 137 | after adoption of the reservation of water by rule that the | 
              
                | 138 | water needed for the reservation is already allocated to | 
              
                | 139 | existing legal users, or that there is otherwise inadequate | 
              
                | 140 | water to meet the reservation and the demands of existing legal | 
              
                | 141 | uses and projected uses determined pursuant to the analysis | 
              
                | 142 | required by s. 373.0361, then the department or the governing | 
              
                | 143 | board, as part of a regional water supply plan described in s. | 
              
                | 144 | 373.0361, shall expeditiously implement a water recovery or | 
              
                | 145 | prevention plan that shall include the development of additional | 
              
                | 146 | water supplies and other actions, consistent with the authority | 
              
                | 147 | granted by this chapter, to: | 
              
                | 148 | 1.  Provide water needed for the reservation; or | 
              
                | 149 | 2.  Develop new or additional water sources to meet the | 
              
                | 150 | needs of existing legal uses and projected uses that may be | 
              
                | 151 | affected by the reservation. | 
              
                | 152 |  | 
              
                | 153 | This recovery plan shall include phasing or a timetable for | 
              
                | 154 | implementing the reservation that will allow for the provision | 
              
                | 155 | of sufficient water supplies for all existing and projected | 
              
                | 156 | reasonable-beneficial uses, including development of additional | 
              
                | 157 | water supplies and implementation of conservation and other | 
              
                | 158 | efficiency measures. | 
              
                | 159 | Section 2.  Subsection (2) of section 373.250, Florida | 
              
                | 160 | Statutes, is amended to read: | 
              
                | 161 | 373.250  Reuse of reclaimed water.-- | 
              
                | 162 | (2)(a)  For purposes of this section, "uncommitted" means | 
              
                | 163 | the average amount of reclaimed water produced during the three | 
              
                | 164 | lowest-flow months minus the amount of reclaimed water that a | 
              
                | 165 | reclaimed water provider is contractually obligated to provide | 
              
                | 166 | to a customer or user. | 
              
                | 167 | (b)  Reclaimed water may be presumed available to a | 
              
                | 168 | consumptive use permit applicant when a utility exists which | 
              
                | 169 | provides reclaimed water, which has uncommitted reclaimed water | 
              
                | 170 | capacity, and which has distribution facilities, which are | 
              
                | 171 | initially provided by the utility at its cost, to the site of | 
              
                | 172 | the affected applicant's proposed use. | 
              
                | 173 | (c)  A water management district may require the use of | 
              
                | 174 | uncommitted reclaimed water in lieu of surface water or | 
              
                | 175 | groundwater when the use of reclaimed water is environmentally, | 
              
                | 176 | economically, and technically feasible. However, nothing in this | 
              
                | 177 | paragraph shall be construed to give a water management district | 
              
                | 178 | the authority to require a provider of reclaimed water to | 
              
                | 179 | redirect reclaimed water from one user to another or to provide | 
              
                | 180 | uncommitted water to a specific user if such water is | 
              
                | 181 | anticipated to be used by the provider, or a different user | 
              
                | 182 | selected by the provider, within a reasonable amount of time. | 
              
                | 183 | Section 3.  Subsection (6) of section 403.064, Florida | 
              
                | 184 | Statutes, is amended to read: | 
              
                | 185 | 403.064  Reuse of reclaimed water.-- | 
              
                | 186 | (6)  A reuse feasibility study prepared under subsection | 
              
                | 187 | (2) satisfies a water management district requirement to conduct | 
              
                | 188 | a reuse feasibility study imposed on a local government or | 
              
                | 189 | utility that has responsibility for wastewater management, and | 
              
                | 190 | the conclusions of the reuse feasibility study shall be given | 
              
                | 191 | significant consideration in an analysis of the feasibility of | 
              
                | 192 | providing reclaimed water for reuse under part II of chapter | 
              
                | 193 | 373. | 
              
                | 194 | Section 4.  This act shall take effect upon becoming a law. |