Water Law and Management Perspectives from the U.S.

Water Law in the U.S. Water “Use” Water “Pollution” (Point Source) SW or GW withdrawals for agriculture, public water supply, industry Regulated under state law Water “Pollution” (Point Source) Wastewater and industrial discharges Regualted by EPA under Federal Clean Water Act (CWA) Water “Pollution” (Non-Point Source) Agricultural and urban rainwater runoff Safety of drinking Water Quality of public water supply Regulated by EPA under Federal Safe Drinking Water Act (SDWA)

Water Use Permits - Issued by States Federal SDWA standards Human Safety Federal CWA standards Water quality standards based on use of waterbody Technological based standard based on feasibility Wastewater at least secondary treatment Utility Public Water Supply Industry Agriculture Wastewater Treatment

Water Use Permit SDWA Standards CWA Permit

Water Use Legal Systems United States Haiti Derived from British law Common Law Judge-made Evolves over time Derived from Napoleonic Code Civil Law Code-based

Historic Roots of US Water Allocation Law Evolved through court cases in different parts of the US Western US (arid) Prior appropriation doctrine “First in time, first in right” Eastern US (wetter) Riparian Doctrine Right to use water attached to land that abuts watercourses

Florida’s Regulated Riparianism Florida Water Resources Act of 1972 Permit establishes right to use water Hybrid of riparian and prior appropriation doctrines

Jurisdiction Based on Watershed Boundaries not Political Boundaries

Water Management District Regulatory and Non-Regulatory Activities Research Education Data Collection Restoration Planning Land Acquisition Regulation Land Management

Florida Water Use Permitting Significant water users require permits (Agricultural, public supply, commercial, and industrial users) Standard for Obtaining a Permit: Reasonable Beneficial use Not interfere with other existing legal uses Consistent with the public interest

GOALS OF FLORIDA WATER USE PROGRAM Allocates use of water for reasonable-beneficial purposes Protects public interest Forum to resolve water use conflicts Give users certainty about water rights

REASONABLE-BENEFICIAL CRITERIA Quantity must be necessary Source must be able to produce requested amount No unacceptable environmental or economic harm Available water conservation measures Available reclaimed water Lowest acceptable water quality source No significant saline water intrusion No flooding No serious harm to water quality of source or receiving water Meets minimum flow/level Must monitor and measure use

ENVIRONMENTAL RESOURCE PERMITTING Most real property development activity requires permitting Residential, agricultural, commercial, industrial projects

ERP Permitting Criteria Water Quantity Water Quality Wetlands/Riparian Zones

Quality and Quantity

Wetland Functions Water filtration and purification Flood control Erosion control Groundwater recharge Wildlife habitat