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Home My WebLink About2003-146• RESOLUTION NO. 2003- 146 A RESOLUTION OF INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS URGING THE GOVERNOR AND THE FLORIDA LEGISLATURE TO SUPPORT EXISTING FLORIDA WATER LAW AS IT RELATES TO THE SALE OR TRANSFER OF WATER ALLOCATIONS, LOCAL SOURCES FIRST, OR ANY OTHER PROVISIONS IN LAW THAT PROTECT THE STATE S WATER RESOURCES OR ITS AUTHORITY TO RESERVE WATER FOR THE NATURAL SYSTEM AND URGING THE GOVERNOR AND LEGISLATURE TO OPPOSE MODIFICATIONS TO FLORIDA WATER LAW THAT SHIFT WATER SUPPLY ALLOCATIONS FROM A PUBLICLY REGULATED PROCESS TO A MARKET DRIVEN PROCESS OR THAT UNDERMINE THE FUNDAMENTAL PRINCIPLES THAT ESTABLISH A RIGHT - OF -USE, NOT A RIGHT OF OWNERSHIP, OF FLORIDA'S WATER RESOURCES WHEREAS, the State of Florida is home to some of the nation's most valuable water resources, such as the Florida Everglades; and WHEREAS, Florida's ecological health is closely tied to the health of the state's water resources; and WHEREAS, the Board of County Commissioners of Indian River County recognizes that Florida water law balances natural and human water needs by requiring that a proposed use of water is a reasonable, beneficial use, will not interfere with an existing legal use of water, and is consistent with the public interest; and WHEREAS, the Board of County Commissioners of Indian River County has a long history of support for the guiding principles of Florida water law that are based on the fundamental principle that water is a public resource; and WHEREAS, the Board of County Commissioners of Indian River County believes that the retention of Florida water law is integral to protecting Florida's water resources; and WHEREAS, the Council of '100, a group of statewide business leaders who advise government, recommends modifications to Florida water law that include provisions to eliminate the local -sources first provisions; and WHEREAS, the Florida House of Representatives is engaged in an Interim Study of Florida water law that includes the examination of western water law, and the sale or transfer of water allocations, and • RESOLUTION NO. 2003-146 WHEREAS, the Florida Senate will be holding public hearings throughout the state for the purpose of soliciting testimony on modifications to Florida water law; and WHEREAS, the Legislature is expected to consider modifications to Florida water law during the upcoming 2004 Legislative session, and WHEREAS, the Board of County Commissioners of Indian River County wishes to go on record early and unequivocally in support for existing Florida water law as it relates to the sale or transfer of water allocations, local sources first, or any other provisions in law that protect the state's water resources, including its authority to reserve water for the natural system, and WHEREAS, the Board of County Commissioners of Indian River County opposes legislation that shifts water supply allocations from a publicly regulated process to a market driven process; and WHEREAS, the Board of County Commissioners of Indian River County opposes legislation that undermines the fundamental principle of Florida water law which establishes a right -of -use, not a right of ownership; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Indian River County urges the Governor and the Legislature to support existing Florida water law as it relates to the sale or transfer of water allocations, local sources first, or any other provision in law that protects the state s water resources, including its authority to reserve water for the natural system. 2. The Board of County Commissioners of Indian River County urges the Governor and Legislature to oppose legislation that shifts water supply allocations from a publicly regulated process to a market driven process or legislation that undermines the fundamental principle that establishes a right -of -use, not a right of ownership, of Flonda's water resources 3. The Executive Aide to the Board of County Commissioners of Indian River County is hereby authorized to provide copies of the resolution to the Governor of the State of Florida, the Speaker of the House and President of the Senate, members of the Florida House and Senate Natural Resource Committees, the Florida Association of Counties and the Indian River County Legislative Delegation. The resolution was moved for adoption by Commissioner Adam e , and the motion was seconded by Commissioner Neuberger , and, upon being put to a vote, the vote was as follows: 2 • • RESOLUTION NO. 2003- 1 46 Chairman Kenneth R. Macht Vice Chairman Caroline D. Ginn Commissioner Arthur R. Neuberger Commissioner Thomas B Lowther Commissioner Fran B Adams Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of November , 2003. Att74.7 •. Barton, CI By Deputy Clerk Approved foflprm and legal sufficiency: l William G. Collins 11 County Attorney F:\Attomey\L.ea\docs\reso\wgc reso fl water law.doc 3 INDIAN R COUNTY, FLORIDA by its Bard of Coun, Cprrjissioners By enne h ' . Mcht, Chairman BCC approval date 11 -18-2003 • • BOARD OF COUNTY COMMISSIONERS Kenneth R. Macht Chairman District 3 Caroline D. Ginn Vice Chairman District 5 N ovember 24, 2003 Title FirstName LastName JobTitle Addressl Address2 City State PostalCode Re: Indian River County Resolution 2003-146 Dear Title LastName. Fran B. Adams District 1 Arthur R. Neuberger District 2 Thomas S. Lowther District 4 The Board of County Commissioners unanimously passed Resolution 2003-146 on N ovember 18, 2003, urging the Governor's Office and the Florida Legislature to support existing Florida water law as it relates to the sale or transfer of water allocation. The Resolution also urges that the Governor and the Legislature oppose legislation that shifts water supply allocation from a publicly regulated process to a market driven process or legislation that undermines the fundamental principle that establishes a right -of -use, not a right to ownership, of Florida's water resources. O n behalf of the Board of County Commissioners and the citizens of Indian River County, we appreciate your support of this resolution. S incerely, AC.s.deIme.lz Kenneth R. Macht Chairman Enclosure 1840 25th Street, Suite N-158 Vero Beach, FL 32960-3365 Telephone: 772.567.8000, Ext. 1490 FAX: 772-770-5334 Suncom: 224-1490 e-mail: kmassung@ircgov.com 1CD CD z CD L CD 4•r p3 x p3 et - O rim et N Iii tZ !Ing I I 1 0 imsa. OALIR41.10saJdag 1 0. 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