ORANGE COUNTY, Fla. —  The November 3 election gives Orange County voters a say on how the county tackles pollution concerns in the county’s waterways.

Orange County Charter Amendment 1, which will appear on the November election ballot, is designed to prohibit any government entity, company, or person from polluting waters within Orange County, especially the Wekiva and Econlockhatchee rivers. The amendment would allow Orange County, its cities, or its citizens to sue on behalf of an “injured,” or damaged, waterway, according to  environmental attorney Nicole Wilson, a proponent of the charter amendment and county commissioner-elect for District 1.

“This charter, if approved, will allow citizens a right of standing for the waterways,” Wilson said.

The proposed change to Orange County’s charter has been hotly debated. The Charter Review Commission voted 9-5 to put it on the November ballot following 11 public hearings. 

Amendment opponent Lee Steinhauer, a member of the Charter Review Committee, said he supports clean water, but this measure will generate so many lawsuits that it would be too costly to enforce.

“Even if this amendment were to pass here in Orange County, it is either going to be litigated and be found unconstitutional," Steinhauer said, “or it will be preempted by the state of Florida so it is not going to be effective here in Orange County.”

Wilson disagrees.

“We have a right to self-government,” Wilson said. “That is a constitutional right so an ad hoc preemption to me doesn’t pass muster. We are asking for strict scrutiny, and we are asking the courts to take a close look at that, should it need to be done.”

Opponents argue that the amendment is too vague with too many unanswered questions.

“How it would affect businesses?” Steinhauer asked. “How would it affect the government? What was the burden of proof?  Was there any notice provision to anyone who may be sued by this provision?”

Either way, water is a critical issue in the state of Florida, Wilson said.