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FLORIDA WATER LAW AND ENVIRONMENTAL WATER SUPPLY FOR EVERGLADES RESTORATION



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FLORIDA WATER LAW AND ENVIRONMENTAL WATER SUPPLY FOR EVERGLADES RESTORATION JOHN J FUMERO Table of Contents INTRODUCTION FLORIDA WATER LAW 101 A Common Law B A Model Water Code C Florida Water Resources Act of 1972 D Florida Water Law Summary III ENVIRONMENTAL WATER SUPPLY ASSURANCES A Water Reservations Concerning CERP B Summary of Mechanisms in Federal and State Law to Ensure Protection of Environmental Water Supplies IV CONCLUSION I II 379 380 380 380 381 385 386 387 387 389 I INTRODUCTION This article provides a general overview of Florida s water law from its common law origin through the present day framework set forth in chapter 373 of the Florida Statutes 1 It also surveys key provisions of the Water Resources Development Act of 20002 WRDA as well as state law concerning the legal framework for environmental water supply assurances in support of Everglades restoration John J Fumero a graduate of the University of Miami School of Law is General Counsel of the South Florida Water Management District Mr Fumero represents the agency before State Federal and administrative forums on a variety of environmental and water law issues Mr Fumero has been awarded an AV rating in Martindale Hubbell and is a member of the U S District Court Southern District and the U S 11th Circuit Court of Appeals Florida Supreme Court certified mediator Executive Council of the Environmental and Land Use Law Section of The Florida Bar Palm Beach County Bar Association Environmental Land Use and Eminent Domain Law Committee Florida Chamber of Commerce Environmental Issues Committee In addition Mr Fumero sits on the Board of Directors of ASPIRA Leadership Palm Beach County American Lung Association of South East Florida American Water Resources Association Florida Section the Forum Club of the Palm Beaches and the Nonprofit Resource Institute Mr Fumero is also on the West Palm Beach Advisory Committee of the John S and James L Knight Foundation Mr Fumero holds certificates in



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