Title: Protection of the Works of the District
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 Material Information
Title: Protection of the Works of the District
Alternate Title: SWFWMD (Regulatory) 16CB-1,01(1). Protection of the Works of the District. Purposes and definitions, scope, permits for construction, etc. abandonment, applicability to existing works, procedure, preparation of the drawing or sketch. (16CB - 1.01(1), with
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050822
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text

.PRELIMINARY
SUBJECT TO REVISION
OF
THE SOUTHiWEST FLORIDi LA WATER l'.NAG. ET DiS-RICT 7 /

CHAPTER 16 CB-1
PROTECTION OF THE WORKS OF TiHE DISTRICT


16 CB 1.01 Purposes and Definitions

1.01(1) Purposes

(a) The Southwest Florida Water Management District owns, maintains,

and has accepted responsibility for certain canals, water control

structures, right-of-way, lakes and streams, as well as other

works which are specifically n aiiOed in these rules and regulations

as "The Works of the District"', the primary purposes of these

rules and regulations are to protect the existing works from

actions which would impair their ability to accomplish the purpose

for which they were intended and to protect the other works for

which planning is under way.


(b) In addition, the purposes of these rules and regu'atitions are to

implement the declared water policy of the Southwest Florida Water

Management District and the State of Florida by providing for the

maximum beneficial utilization, development, conservation, pro-

tection, management and control of the water resources of the South-

west Florida Water Management District in the best interest of all

its people.


1.01(2) Definitions -- When appearing in these rules and regulations or in any

order adopted pursuant hereto, the following words and phrases shall mean:

(a) District -- The Southwest Florida Water Management District as created

by Chapter 61-691, Laws of Florida, and as amended by Chapter 63-659

and 63-849, Laws of Florida.

(b) Board -- The Governing Board of the Southwest Florida Water Manage-

ment District and its duly designated executive officers, employees

and agents.

(c) Person -- Any and all persons, natural or artificial, including any

individual, firm, association, organization, partnership, business

trust, corporation, company, the United State of America, the State

of Florida and all political subdivisions, districts, municipalities

and public agencies thereof.





PRELIM iNARY
SUBJECT TO REVISION
(d) Dam -- Any articificial or natural barrier, with alpurt-tnant works,

raised to obstruct or impound or which does obstruct or impound any

surface waters within the District.

(e) Appurtenant Works -- Any artificial improvements to a dam which

might affect the safety of such dam, or when employed, might affect

the holding capacity of such dam, or of the reservoir or impoundment

created by such dam.

(f) Impoundment -- Any lake, reservoir, pond or other containment of

surface water occupying a bed or depression in the earth's surface

having a surface area of ten acres or more and having a disceriib-le

shoreline.

(g) Reservoir -- Any artificial or natural holding area which contains

or will contain the water impounded by a dam.

(h) Other Works -- All artificial structures not included in (d) or (e)

above, and including but not limited to ditches, canals, conduits,

channels, culverts, pipes, docks and other construction that connects

to, drains water from, drains water into or is placed in or across

any surface waters within the District.

(i) Surface Waters -- Includes both contained surface water and diffused

surface water.

(j) Contained Surface Water -- The water upon the surface of the earth

in bounds created naturally or artificially including but not limited

to streams, canals, lakes, reservoirs and watercourses in which water

usually flows in a defined bed or channel. It is not essential that

the flowing be uniform or uninterrupted.

(k) Diffused Surface Water -- The water occurring upon the surface of the

ground other than in contained waterbodies.

(1) The Works of the District -- The following were declared to be "The

Works of the District" by the Governing Board of the Southwest Florida

Water Management District in its Resolution No. 63, dated October 9,

1963; and subsequent motions of January 16, 1964, March 17, 1965,

March 15, 1967 and March 13, 1968 and at a Public Hearing of May 8,

1968:

( (1) The Hillsborough River, its natural floodway and tributaries,

connecting channels, canals and lakes.

(2) The Oklawaha River, its natural floodway and tributaries,

connecting clhanncls, canals and lakes.





PRELIMINARY
SUBJECT TO REVISION
(3) The Withlacooccee River, its natural riood~.'ay and tributaries;

connecting channels, c Anals and lakes,

(4) The Peace River, its natural floodway and tributaries, connecting

channels, canals and the lakes which are regulated by the District

control structures, including their connecting channels and canals.

(5) The authorized Green Swamp Basin reservoirs, connecting channels,

control structures and discharge channels below reservoirs. (Note:

The land areas required for the th-ree reservoirs must be protected

against encroachment by private or public works to insure proper

functioning of the "Four River n-tsins, Florida" project.)

(6) The Anclote River, its natural floodway and tributaries, connect-

ing channels, canals and lakes,

(7) Lake Tarpon, its connecting channels and canals, including the

Lake Tarpon Outfall Canal.

(8) Old Tampa Bay north of Courtney C'tnmploell Causeway and all trib-

utary streams, channels and canals discharging therein.

(9) The Alafia River, its natural floodway and tributaries, connect-

ing channels, canals and lakes.

(10) The Little manatee River, its natural floodway and tributaries,

connecting channels, canals and lakes.

(11) The Palm River and Six Mile Creek, their natural floodway and

tributaries, connecting channels, canals and lakes.

(12) The Pithlachascotee River, its natural floodway and tributaries,

connecting channels, canals and lakes.

(13) The Waccasassa River, its natural floodway and tributaries,

connecting channels, canals and lakes.

(14) McKay Bay north of 22nd Street Causeway, all tributaries,

channels and canals discharging therein.

(15) The Weeki Wc'clhee River, its natural floodway, tributaries,

connecting channels and canals.


16 CB 1.02 Scope

1.02(1) All surface waters within the District that discharge into or from Works

of the District are subject to these rules and regulations unless speci-

fically exempted.

1.02(2) These rules and regulations establish procedures to be followed by those

who find it necessary to connect to, withdraw water from, dischllarge ter





PRELI MINARY
SUBJECT TO REVISION
into, place construction within or across or omnerwise make use of

the surface waters within the District which flow into or from the

Works of the District.

1.02(3) State Laws prohibit such work unless approved by the Board. This

approval is usually granted in the form of a permit.

1.02(4) The Permit does not convey any property rights or privileges other

than those specified in the Permit; it does not authorize any injury

to private property or invasion of private rights nor does it waive

the governing requirements of any other agency or authority. it simply

expresses the assent of the District insofar as concerns the public's

intent and protection under Chapter 378, Florida Statutes.


16 CB L03 Permits for Construction, Repair, Modification, Maintenance or Alteration

1.03(1) No person shall construct, repair, modify, maintain or otherwise alter

a dam, impoundment, reservoir, appurtenant work or other works that

affect surface waters that flow into or from Works of the District with-

out first obtaining a permit from the Board.

1.03(2) A person proposing to construct, repair, modify, maintain or otherwise

alter a dam, impoundment, reservoir, appurtenant work or other works

that affect surface waters that flow into or from Works of the District

shall apply to the Board for a permit authorizing the proposed work.

The application shall contain the following:

(a) Name and address of the applicant.

(b) Name and address of the owner or owners of the land upon which

the work is to be constructed and a legal description of such

land.

(c) Location of the work.

(d) Detailed specifications of construction.

(e) Engineering drawings showing the detailed plans of construction.

(f) Name and address of the person who will construct the proposed

work.

(g) Name and address of the person who prepared the plans and speci-

fications for construction.

(h) General purpose of the proposed work.

(i) Such other information as the Board may require in order to

assure that the proposed work will be consistent with the policy

of the District and will not be harmful to the Works of the District.





PRELIMINARY!

"" SUBJECT TO REVISION
(j) The Board may v'aive any or all of the requirements not

appropriate to a particular project.

1.03(3) The Board may in unusual circumstances, such as when proposed work

may constitute a danger to the surface waters or works of the District,

prescribe any other restrictions and may require an appropriate surety

bond as it deems proper.

1.03(4) Specifications -- The detailed specifications of construction as set

forth in the application for permit, if approved, shall be contained

in the permit issued by the Board and construction shall be performed

in accordance withL such specifications. Any deviation therefrom shall

only be made after written permission is received from the Board.

1.03(5) Duration of Permits -- Each permit shall be consecutively numbered,

shall be dated and shall be valid for a period of six (6) months or

the time period applied for, unless the time limit is extended by the

Board and a supplemental permit issued.

1.03(6) Completion Report -- Within thirty (30) days after the completion of

the work the permitee shall file on a form provided by the Board a

completion report.

1.03(7) Inspection

(a) During the construction, repair, modification, maintenance or

alteration the Board shall make at its expense such periodic in-

spections as it deems necessary to insure conformity with the

approved plans and specifications included in the permit. If

the Board finds that the work is not being done in accordance

with the approved plans and specifications as indicated in the

permit, it shall give the permitee written notice stating which

particulars of the approved plans and specifications the construc-

tion are not in compliance and shall order immediate compliance

with such plans and specifications. Failure to act in accordance

with the orders of the Board after receipt of written notice shall

result in the initiation of revocation proceedings in accordance

with Section 1.04.

(b) Upon completion of the work the Board may make periodic inspections

t of the work as it deems necessary to protect the public's interest

and the water resources of the District.






H-RELIlMVINARY
16 CB 1.04 Denial, Suspension or Revocation of Permit
SUBJECT TO REVISION
1.04(1) The Board shall issue a Permit Denial whenever it determines that

an application for a permit under Section 1.03 fails to meet the re-

quirements prescribed by these rules and regulations or that such

proposed construction or operation would be contrary to the policy of

this state or of the Board as set forth in these rules and regulations.

1.04(2) Such permit denial shall:

(a) State the grounds for denial and may state any remedial

action, if any, which may be taken to make such applica-

tion acceptable for approval; and

(b) Be served in writing upon trie person signing the application

by registered or certified mail or by a legal notice published

in a newspaper serving the area in which the applicant resides.

1.04(3) Any applicant receiving a ,Permit Denial may obtain a hearing before the

Board by filing within thirty (30) days of the mailing of such Permit

Denial a written petition requesting such hearing. The provisions of

Part 11, Chapter 120, Florida Statutes, shall apply.

1.04(4) The Board may, upon investigation, suspend a permit and, after notice and

hearing, may extend such suspension or may revoke the permit. The pro-

visions of Part 11, Chapter 120, Florida Statutes, shall apply. Such

suspension or revocation may be made on any one or more of the following

grounds:

(1) Material misstatement or misrepresentation in the application for

a permit.

(2) Failure to comply with the provisions set forth in the permit.

(3) Willful disregard or violation of any rule or regulation promul-

gated herein by the Board.

(4) Material change of circumstances or conditions existing at the

time such permit was issued.

16 CB 1.05 Abandonment -- Any person owning a dam, impoundment, reservoir, appurtenant

work or other works within the District that affect surface waters that flow

into or from Works of the District wishing to abandon or remove such work

shall first obtain written permission from the Board.


16 CB 1.06 Applicability to Existing Works -- Any person owning or operating a dam,

impoundment, reservoir, appurtenant work or other works within the District





PRELIMINARY
SUBJECT TO REVISION
that affects the surface waters that flow into or rrom Works of the

District shall register said work with the Board. Registration shall

be on the forms provided by the Board. In addition, all rules and re-

gulations shall apply to all such works in existence at the time of

their effective date,


16 CB 1.07 Permit Application Procedure

1.07(1) An "Application for Permit" can be obtained from the Southwest

Florida Water Management District, P. O. Box 457, Brooksville,

Florida, 33512, by calling in person, by letter or by telephone.

1.07(2) The application form will be given a serial number, and upon ap-

proval and signature by the authorized officer of the District, will

constitute the official permit. On-e copy will be returned to the

applicant, and one retained in the Southwest Florida Water Manage-

ment District Office in Brooksville.

1.07(3) There is no fee charged for the issuance of the application for

the permit.


16 CB 1.08 Preparation of the Drawing or Sketch

1.08(1) Drawings are to be submitted on letter size (8-" x II") paper, or

a size that can be folded to 8" x II", such as 11" x 17" or

17" x 22". Three copies of the drawing must be provided. If

8" x 11" size, one must be of black line type capable of being

photocopied. If larger than 8" x 11" drawings are used, one

must be the original drawing or a reproducible.

1.08(2) Drawings should be to scale or properly and adequately dimensioned.

To be acceptable, a drawing or sketch will show a location plan and

a cross section or elevation.

1.08(3) The location plan should locate the installation or construction by

referencing it to a section line, a road or some obvious and permanent

landmark.

1.08(4) The plan and cross section or elevation should clearly portray the

construction in its relationship to the channel and/or right-of-way.

Certain elevations must be designated to facilitate processing of

the application. These are: Canal bottom elevation, water surface

elevation and ground elevation expressed in mean sea level (m.s.l.).

The elevation of the low members of a bridge span must be shown. For

overhead wire crossings and in the case of water of gas lines, low mem-

ber elevation must also be indic lt:d on the drawing.





PRELIMINARY
SUBJECT TO REVISION
A .DDENL, i UI.
Chapter 16 CB-!
Protection of the Works of the District



Page 1
Add the following paragraph to
16 CB 1.01(1) Purposes
(c) The Southwest Florida Water management District, recog-

nizing the profound impact of man's activity on the in-

terrelations of all components of the natural environ-

ment and recognizing further the critical importance

of restoring and maintaining environmental quality to

the overall welfare and development of man, declares

that it is continuing policy of the Southwest Florida

Water -anagement District to use all practical means

and measures in a manner calculated to foster and pro-

mote the general welfare, to create and maintain condi-

tions under which man and nature can exist in productive

harmony.





Page Five
Add the following to Paragraph
16 CB 1.03(3) In appropriate cases the Board shall require that a biological

survey and an ecological study be made to determine the environ-

mental impact of the proposed work.




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