March 2003
Letter: History Repeating Itself
Jöelle Harvic's two part series "Water, Water Everywhere?" (December 2002 and January 2003) makes a fundamentally sound and persuasive argument that land planning and water management decisions need to be made in concert. Harvic eloquently points to the failures associated with the Florida Water Plan, the water use permitting process, water managers' ad hoc decision making, and the water management system's disconnect between land planning, water availability and consumptive uses. The concept is not a novel one. This writer advocated such a position in the Journal 20 years ago. ("Drought in Florida: Nature's Response to 'Comprehensive' Planning" (April 1983).
Thirty years ago, Dean Maloney's Model Water Code established
the fundamental framework upon which coordinated land planning and water management decision making could occur. The genius of Dean
Maloney's Model Code was in its simplicity: Water management decisions should be based upon sound science and planning principals. Simply
put, know where the water is, how much is there, consume no more than you reasonably need of that which is available, in accordance with
a comprehensive plan for the future. That equation remains valid today. The
Water Resources Act of 1972, as amended, bears little resemblance
today to Dean Maloney's original model code.
Particularly problematic is that under the Water Resources Act, district governing board
members are nothing more than political patronage appointees. As such, they have
managed the water resource by placing political considerations
above technical ones. This is in contrast to Dean Maloney's vision that these decision makers be predominantly technocrats. Technically,
water is easy to manage—it's politics that's gotten in the way. I would like to suggest that the legislature and water
managers find an old copy of Dean Maloney's work, dust it off, read it, and
start all over again. Is it naïve to think that politics can be taken out of
the water management process? Maybe so! If that's the case, I'd like to take
this opportunity to reserve space for a Journal article sometime in
the year 2023.. No doubt we will be revisiting this matter then.
Raymond Rea
Cleveland, OH
Copyright © 2003 Florida Bar Journal All rights reserved.
Related Articles,
December 2002
Water,
Water Everywhere?
January 2003
Water,
Water Everywhere?, Part 2
Related Links,
Purpose: Named after Dean Frank E. Maloney, this committee
plans and implements an annual writing
contest for Florida law students. The three top students and law schools are rewarded.
Environmental
and land use law section members can participate in judging the submitted papers.
Goals: Work closely with the law school liaison to plan, encourage and implement
an annual writing contest.
Activities/Projects
- Plan and implement the contest of the law schools and judge all submitted papers.
Dean Maloney Writing Contest rules and prizes
1999 Dean Frank E. Maloney Memorial Writing Contest
Related Information,
Law School Liaison (Now includes Maloney Scholarship and Book Awards)
Robert J. Riggio
400 S. Palmetto Ave.
Daytona Beach, FL 32114-4922
(386) 252-3004
Purpose: To coordinate section activities with Florida law
schools to stimulate students'
interest in environmental and land use law.
Goals: To increase the number of law students with an interest in environmental and land use law.
Activities/Projects:
- Participate in career fairs at Florida law schools.
- Sponsor public interest environmental scholarship.
- Provide financial assistance to FSU Journal of Environmental Law.
- Provide financial assistance to quality projects of law
schools such as moot court
competition (policy under development).
- Provide guest speakers for environment and land use courses.
- Provide assistance/advice if requested on curriculum development.
- Review course offerings in the area of Environmental and
Land Use Law and provide comments
when requested.
- Provide assistance to elevate and enhance the course offerings in environmental and land use law.