Gov. Crist signs SB 2080

St. Johns River Water Management District Governing Board

BEACON FILE PHOTO
Disappointed – Volusia County Council Member Andy Kelly, who often aligns himself with conservationists, said he is disappointed the governor signed Senate Bill 2080 into law, giving the state's five water-management executive directors enormous authority to approve water use permits in the state.

By Pat Hatfield
BEACON STAFF WRITER

posted Jul 3, 2009 - 4:54:10pm

Gov. Charlie Crist signed Senate Bill 2080 into law June 30.

At first, the bill was hailed as a good step forward in conservation, overriding homeowners-association rules and making it easier for homeowners to save water by using Florida-friendly landscaping, for example.

A last-minute amendment in the final hours of the Florida Legislature's session, however, earned Senate Bill 2080 the ire of conservationists.

The new law gives the executive directors of Florida's five water-management districts (or their designees) the power to approve water-use permits for large projects and developments.

Until now, water-management governing boards, in public hearings, had the power to approve or deny those permits.

Critics said Senate Bill 2080 concentrates too much power into the hands of too few people — people who would be subject to enormous political pressure to approve high-stakes projects.

The five water-district managers will decide who gets water, where, and how much, for the whole state.

If these individuals approve a permit, it will be case closed, permit issued. Only if they deny a permit will the case go to the Water Management District Governing Board, with an opportunity for public comments.

St. Johns Riverkeeper Neil Armingeon said the law will give developers — not the public — an opportunity to overturn staff decisions. Armingeon said it gives developers the upper hand.

District 1 Volusia County Council Member Andy Kelly learned June 30 that the governor had signed the controversial bill.

"It's just disappointing," Kelly said. "They took the public out of the process."

Kelly said there should be an opportunity for maximum discussion and public comment, especially in the two main permitting areas: water supply, and wetlands destruction and/or alteration.

Kelly said state Sen. Carey Baker, who helped introduce the bill, told him he would try to correct the language during the Florida Legislature's 2010 session.

In a letter accompanying the bill's signature, Crist asked water-management districts to continue to include surface-water and consumptive-use permits "on all board meeting agendas or other public meetings for discussion and transparency purposes."

Kelly said, "That's the right idea, but there's nothing that makes it stick. There's nothing that binds them to that request."

After the governor signed SB 2080 into law, the St. Johns River Management District released a statement noting the Governing Board had already voted at its June 9 meeting to delegate its authority to the district executive, in anticipation of the new law. If Crist had vetoed the bill, the action would have been voided.

The St. Johns River Water Management District said it is currently working to develop a process to allow public participation, "recognizing that public input has always been an important part of the permitting process and the District’s decisions."

For information, visit the district's site at www.sjrwmd.com/sb2080.

— pat@beacononlinenews.com

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