Resolution 2003-384
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RESOLUTION NO. 2003- 384
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, EXPRESSING ITS SUPPORT FOR THE
CONTINUED INCLUSION OF THE EXISTING LOCAL SOURCES FIRST
POLICY EXPRESSED IN CHAPTER 373, FLORIDA STATUTES, AND
EXPRESSING ITS OPPOSITION TO ANY REPEAL OF OR AMENDMENT TO
FLORIDA'S WATER RESOURCE POLICIES THAT WILL ALLOW,
ENCOURAGE, F ACILIT A TE OR PROMOTE WATER TRANSFERS FROM
ONE GEOGRAPHIC AREA INTO OTHER GEOGRAPHIC AREAS
WHEREAS, the State of Florida's water resources are a natural resource and not,
and should never be, a commodity to be sold or transferred to the highest bidder; and
WHEREAS, the Board of County Commissioners of Collier County (BOARD)
has long been a supporter of Florida's local sources-frrst-policy as currently expressed in
Chapter 373, Florida Statutes; and
WHEREAS, the BOARD agrees with the Florida Association of Counties'
support of the fundamental principles of Florida water law that requires a showing that
(1) each proposed use of water must be a reasonable and beneficial use, (2) will not
interfere with any then existing legal use of water, and (3) is consistent with the public
interest; and
WHEREAS, the BOARD supports the Florida Association of Counties'
opposition to any legislation that will shift water supply allocation from a publicly
regulated process to any market driven process; and
WHEREAS, the BOARD supports the Florida Association of Counties'
opposition to legislation that will directly or indirectly undermine the fundamental
principles of Florida water law that established a right-of-use and not any right-of-
ownership; and
WHEREAS, on October 27, 2003, the Collier County Water and Wastewater
Authority (AUTHORITY), after reviewing and discussing the September 2003 Florida
Council of 100 Report entitled "Improving Florida's Water Supply Management
Structure" and its potential impact upon Collier County, expressed its recommendation to
this BOARD; and
WHEREAS, by majority vote, the AUTHORITY recommended that the BOARD
adopt a resolution expressing its continued support for the existing local-sources-frrst
policies presently included in Chapter 373, Florida Statutes, and oppose any initiative to
repeal or amend the current local-sources-flrst policies; and
WHEREAS, this BOARD is aware of the Florida Council of 100 initiative to
request repeal of, or amendments to, Chapter 373, Florida Statutes, to eliminate or
weaken the local-sources-fust intents and purposes; and
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WHEREAS, the BOARD wishes to unequivocally state that such a proposal is ill
considered, dangerous, and will put Florida's surface waters and aquifers at risk of
irreparable damage due to irresponsible short-term gain by special interest groups and
specially interested individuals attempting to protect their interests to the detriment of the
public's interests; and
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WHEREAS, the BOARD believes that any discussion of regional transfers of
water is who lly premature unless and until comprehensive, detailed and accurate
minimum flows and water resource levels and capabilities have been clearly established
for all of Florida's water resources.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN REGULAR
SESSION that:
1. The Board of County Commissioners actively opposes any repeal of or
amendment to Chapter 373, Florida Statutes, as it relates to the current local-
sources-frrst policy.
2. The Board of County Commissioners encourages all local government entities
and elected officials to express to members of the Florida Legislature their
strong opposition regarding the initiative of the Florida Council of 100.
3. A true copy of this Resolution shall be provided to the: Collier County
Legislative Delegation, Speaker of the Florida House, President ofthe Florida
Senate, the Governor of Florida, the Florida League of Cities, and the Florida
Association of Counties.
This Resolution adopted this ~ day of November 2003, by motion, second and
majority vote in favor of adoption.
ATTEST- ":1' C~...:,~,.~.....
DWlGfir. :~ii9CK;.~i}:~
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By:~~)M.
Att.st:iS>tO'a..1......s
signature on11.
Approved as to form
and legal sufficiency:
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Thomas C. almer,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY: ;j~6-