Effect of Florida's water law modifications on Power Plant Siting

Technical Report · Sun Jul 01 04:00:00 EDT 1979

OSTI ID:6149838

Rosemarin, C S

This study builds on a project which examined the water law of each of twenty-seven states in the eastern United States. The main purpose of the present work is to determine whether energy production facilities will have a legally sustainable right to available fresh water supplies in times of water shortage. Florida was selected for examination because a previous study identified parts of the state as regions which may encounter difficulties in providing water for energy production. In the early 1970s the Florida Legislature acted on the two components of this issue, water resource allocation and energy facility siting. The Florida Water Resources Act was based on a model law which was devised for Florida. The Act vested regulatory authority in the Florida Department of Environmental Regulation (DER) and five water management districts, into which it divided the state. It also established a system whereby most users must acquire a permit as a prerequisite to water use. Electric generation facilities were exempted from this requirement by the Florida Electrical Power Plant Siting Act. The purpose of this legislation is to implement a one-stop siting procedure for power plants. The governor and cabinet decide on final certification for a plant, but only after balancing the need for power against expected environmental impacts. Two significant problems were identified which indicate that power plants may not have a legally sustainable right to available fresh water supplies in times of shortage. First, almost no priority of use has been established among the various classes of permits as is required by the Water Resources Act. Consequently, some confusion remains in determining what will occur in the event of a drought. Second, it remains unclear whether the governor and cabinet, DER, or water management districts have authority to limit water use in times of water shortage.

• Research Organization: Oak Ridge National Lab., TN (USA)
• DOE Contract Number: W-7405-ENG-26
• OSTI ID: 6149838
• Report Number(s): ORNL/TM-6811
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
520600* -- Environment
Aquatic-- Regulations -- (-1989)
54 ENVIRONMENTAL SCIENCES
FLORIDA
LAWS
NORTH AMERICA
POWER PLANTS
RESOURCES
SITE SELECTION
SOUTHEAST REGION
USA
WATER REQUIREMENTS
WATER RESOURCES
WATER RIGHTS