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Show 210 FLORIDA sources, including means of conserving and augmenting water supply for present and future uses, including fish and wildlife, irrigation, mining, power; domestic, municipal, and industrial uses; and all other "related" subjects, such as drainage, reclamation, flood plain or flood hazard area zoning, and selection of reservoir sites.35 From this study, the department, in cooperation with the division of State planning within the department of administration, is to formulate a "functional element" for inclusion within a comprehen- sive State plan. That functional element is to be an "integrated, coordinated plan" for the use and development of the waters of the State, and, as from time to time amended, is to be known as the State water use plan.86 In developing the plan, the department is given eight statutory criteria, all keyed to the different uses mentioned above. The first criterion listed is "attainment of maximum reasonable-beneficial use of water" for all of designated uses. The department is required to consult with all "concerned Federal, State, and local agencies, par- ticularly the governing boards of the water management districts, and other interested persons."37 In consulting with the governing boards of the management dis- tricts, the department may divide areas within any district into "hydrologically controllable areas" for the purpose of describing all water resources within the area, establishing minimum flows for sur- face watercourses (the level at which further withdrawals would be significantly harmful to the water resources or ecology of the area), and establishing minimum levels for bodies of surface water and underground aquifers (levels at which further withdrawals would be significantly harmful to the water resources of the area). Mini- mum flows and levels may be established to reflect seasonal varia- tions, and the Department "shall" consider, and "at its discretion" protect, nonconsumptive uses when setting such minimum flows and levels.88 The department is then given authority to establish a system of priorities or preferences in types of use, or purposes of use, for cer- tain areas to be designated by the department. First of all, the department must give "careful consideration" to recreation and fish and wildlife, and "may prohibit or restrict" future uses on certain designated waters where such uses would be inconsistent with these values. Next, the department "may" designate certain uses which are objectionable with respect to a certain source of supply, either be- cause of the nature of the use or the amount of water consumed, and for uses so designated "the governing board may deny a permit." Then, the department is authorized to designate those uses which, because of the nature of the activity or the amount of water re- quired, would result in an enhancement of the water resources of the area, and these uses "shall be preferred over other uses in the event of competing applications."89 The State water use plan cannot be adopted or modified without first publishing notice and holding a public hearing. When approved « Sec. 373.036 (1972 eupp.). 36 373.036(1) (1972 Bupp.). 87 373.036 (1972 supp.). 38 Id. |
