Title: Rules and Regulations for the Use of Water Resources
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 Material Information
Title: Rules and Regulations for the Use of Water Resources
Alternate Title: Chap. 375R-1. Rules and Regulations for the Use of Water Resources. Revisions suggested by the Executive Committee of Fla. Well Driller's Association and others.
Physical Description: 9p.
Language: English
Publication Date: Sept. 4, 1969|Sept. 5, 1969
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 19
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050839
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
"* 'T PVUL- :D .... 1GU' L !0S
O"
THE SOUTHWEST FLORIDA WATER MANAGE JENT DISTRICT (REGULATORY)

CHAPTER 357 R-1
RULES AND REGULATIONS FOR. THE DEVELOPMENT,
CONTROL, CONSERVATION AND USE OF WATER RESOURCES,
WITH PARTICULAR REFERENCE TO GROUND WATER RESOURCES IN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)

357R-1.01 Purposes and Definitions .
357R-1. 02 Registration of Well Driller se c
357R- 1. 03 Construction of Wells/ .0 ^
357R-1. 04 Inventory
357R-1. 05 Civil Action for Damages ^ C> < / #^ ./ V, // 4
357R-1. 06 Penal Provisions pl L://.Hs/e !CI f on >

357R-1. 01 Purposes and Definitions -- A/ ''/ W/^

(1) Purposes -- The purposes of these'rules and regulations are to implement the

declared water policy of Southwest Florida Water Management, District (Regulatory)

and the State of Florida by effecting the maximum beneficial utilization, develop-

rnment and conservation of the-water resources of the Regulatory District in the best

interest of all its people and to prevent the depletion, deterioration, waste, and

unreasonable use of said resources. Pursuant to these purposes, rules and regu-

ultions are hereby.established to carry out the intents and purposes of Chapter 373,

Florida Statutes.

(2) Definitions -- The words and phrases defined in sections 373. 021 and 373. 081,

Florida Statutes, shall have the same meanings when used in these rules and regu-

lations. The following words and phrases, when used in these rules and relations

shall have the following meanings, except where the context'clearly indicates a

different meaning. % '


i (a) Well... A well is defined as an artificial hole in the ground,
on submerged or unsubmerged land, through means of which water
may be withdrDm from an aquifer or recharged to an aquifer.
Wells, or artificial holes include, byt are not limited to, water-
table wells, artesian wells, core boring holes, seismic holes,
and stratdgraphic test holes.


f (b) Well Driller r- Any person, firm or corporation who constructs,
/ alte's o._jepat. s wells.

(c) Well Construction -- The producing of any well, including the con-
struction, alteration, or repair thereof.

(d) Gang Well -- A system where two or more wells are coupled to-

gether with a common header or manifold.

(e) Regulatory District -- The Southwest Florida Water Management
District (Regulatory) established by SCuthwev/st Florida Water Managoei:nt.







SDistrict RPesolution No. 268 pursuant to Chapter 373, Florida Statutes,

and the area of said district, being coextensive with the area of the

Southwest Florida Water Management District as prescribed by Chapter

61-691, Laws of Florida, as amended by Chapters 63-659 and 63-849,

Laws of Florida.

(f) Regulatory Board -- The governing board of the Regulatory District

and its duly designated executive officers, employees and agents.

General Authority 373. 171, Florida Statutes; Law Implemented 373. 171(I); Florida

Statutes

357R-1. 02 Registration of Well Drillers --

(1) Registration Requirements -- Every p.i..n who' constructs any well in the Re-

gulatory District shall be registered as a well drill and shall be the holder of a
valid current registration certificate.

(2) Special and General Certificates -- The Regulatory Board may issue special

and general certificates of registration.

(3) General Certificates -- General certificates of registration shall be issued

annually and shall expire at midnight on June 30th each year. Such certificates

shall be valid throughout the Regulatory District and shall include all approved

well construction operations.

(4) Qualifications of Applicants for General Certificate as Well Drilly -"" 7

(a) Any person is qualified to receive a general certificate of registration:

(1) Who is at least 18 years of age;

7(I) Who iTof good moal characteT' s/ ^

| .(3) Who has had a minimum of two (2) years experience in well

, construction as a well driller or helper, or who demonstrates
! satisfactorily his practical knowledge and capability in actual
' well construction operations; and,

(4) Who has passed a satisfactory examination conducted by the

Regulatory Board to determine his fitness to be engaged iw-wret


(b) Applications for general certificates shall be submitted in writing on
forms provided by the Regulatory Board and shall be accompanied by

sworn affidavits, fully executed, on forms provided by the Regulator0

Board,.and sworn to by two (2) experienced well drillows who have known
the applicant for at least three (3) years and who are personally familiar

with the applicant's ability to perfom the work oa well drillq,.v/ /---
Jf2 *-cc







(c) Any person who is at least 18 years of age and of good moral character

and who has been actively and continuously. engaged in well construction

operations for five years immediately prior to making application shall

be qualified to receive a general certificate of registration without meeting

the requirements prescribed in subsection (a), hereof; provided that appli-

cation is submitted to the district prior to October 1, 1970. Such applica-

tion shall be in writing on forms to be provided by the Regulatory Board

and shall include a sworn statement by the applicant as to his experience

and background.

(5) Issuing General Certificates -- When an application for a general certificate of

registration has been approved by the Regulatory Board, the applicant shall be noti-

Sfied in writing after which he shall have thirty (30) days in which to give a bond to

be approved by the board in the sum of five thousand dollar $5000 conditioned

upon compliance with the provisions of laws of this state, e ules and regulations

prescribed herein, and the orders adopted or issued pursuant there for the protec-

tion of the water resources of the Regulatory District, payable to the Regulatory

districtt and its successors, with some reputable bonding corporation authorized to

Sdo business in this state as surety, and such certificate of registration will forth-

with be issued by the board. Such bond shall be maintained as a condition to the

i continued validity of the registration certificate/ AD ...-C-.) ^^^.-,
(6) Special Certificates -- Special certificates of registration may be issued for
limited periods of time of not more than one (1) year as stated in the certificate.

Such certificate shall only be valid for specific well construction operations. The

Regulatory Board may prescribe such restrictions and shall require such qualifi-

cations and bond as it deems proper for each special certificate.

i Address of Registrants -- Each well drill^'having a certificate of registration

, shall keep the Regulatory Board advised of te cur-reuha-ldress of his residence

j and of his business. .

(8) Keeping Certificate on Registrant's Person -- Each well drilL shall keep his

certificate of registration on his person at all times when he is engaged ill any well

construction activities and shall display same upon request.

(9) Individual Identification Numbers -- Identification numbers shall be assigned

to each well drillr6receiving a certificate of registration. Such numbers will re-

main the same continuously from year to year so long as the registrant maintains

a valid current certificate and said numbers shall not be transferable.




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(10) Firm Identification Num'ers -- Firms, partnerships, corporations or other

business associations having more than one registered well driller associated

therewith shall apply for and may be granted a firm identification number to be used

in connection with all its well construction operations.
(11) Firm Records -- Each business association holding a firm identification num-

ber shall. keep accurate records and shall make such records available for inspection

by the Regulatory Board at any reasonable time. These rec, words shall list well

construction operation's en ged i, toge her with the n m and individual identifica-

tion number of the registered 11, driller supervising such work.

(12) Marking Vehicles and Equipment -- The identification number of the well driller
e(. / ^jrd etci 71M AlIuhv o
shall be prominently displayed on each side of every vehicle.and well

drilling rig used in connection with all well construction operations and shall remain

so displayed at all times such equipment is under control of or available for use by

such well drillers. All numbers and.figures-shall be not less than two (2) inches high.

A decalcomania to be issued by the Regulatory Board indicating current, valid certi-

fications shall be displayed adjacent to each identification number and shall not be

transferable.

(13) Supervision of Well Construction -- All well construction operations shall be

; performed under the direct a~-dpsanal supervision and in the presence of a regis-
f terd well drill.. defr"" t7t O.

(14) Ground for Refusal, Suspension or Revocation of Certificate of Registration --

The Regulatory Board may refuse to issue or renew or may suspend or revoke a
certificate of registration on any one or more of the following grounds:

! (a) Material misstatement in the application for certificate of

; :registration. '

i | (b) Failure to have or retain the qualifications required herein.

I (c) Willful disregard or violation of any rule or regulation promul- .

| gated herein by the Regulatory Board.

(d) Willfully aiding or abetting another in the violation of this article

or any rule or regulation promulgated by the Regulatory Board pur -

suant thereto.

(e) Gross incompetency in the performance of the work of a well-

drilling contractor.

(f) Allowing the use of his registration certificate by a person who
does not hold a valid certificate of registration.


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(g) Failure to apply for registration prior to beginning drilling opera-

tions within the district.

(15) Institution of Proceedings to Suspend or Revoke Certificate of Registration --

Proceedings may be instituted by any member or employee of the Regulatory Board

or by any other party by filing a sworn written complaint with the Regulatory Board

on forms provided by it.

(16) Suspension or Revocation -- The Regulatory Board may, upon investigation,

suspend a certificate of registration and, after notice and hearing, may extend such
-suspension-or revoke the certificate of registration. The provisions of Part II,

Chapter 120, Florida Statutes, shall apply.

General Authority 373. 171, Florida Statutes; Law Implemented 373. 171(1), Florida

S. .Statutes

sfi 357R-1. 03 Construction of Wells --

i t (1) Policy -- It shall be the policy of the Regulatory Board to ascertain that allwells

Within the Regulatory -District are located, constructed, maintained and used so as

:J to protect the water resources within said District in accordance with the purposes

of these rules and regulations as set forth in subsection 1. 01 (1) hereof.

S(2). Construction Methods Wells may be constructed by drilling, coring, boring,

washing, jetting, driving or digging but must be so constructed, cased, cemented,

plugged, capped or sealed as to prevent permanently the escape of water to waste

either at or above the land surface, or to escape from a subsurface zone of higher

hydrostatic head into a zone of lower hydrostatic he'ad, or to become contaminated

I' by poor quality water or other substance from either surface or underground sources.

: (3) Permit Required -- A permit shall be obtained from the Regulatory Board before

any wellJ )argie- i--4-ia-m eftce r....and-eiverrg Ip-eaatha-^e- Efes7 ( i-ia.dpth shall be constructed, repaired, modified or otherwise altered. Such per-

rnit shall be prominently displayed at the site of the well prior to beginning any

work thereon and shall remain so displayed until construction is completed.

.(4) Gang Well Permits -- Notwithstanding definition of a well as set forth in sub-
i !
paragraph 1. 01 (2)(a) herein, no gang well shall be constructed without a permit,
regardless of the size or depth of the individual wells comprising such gang well,

for the purpose of procuring or obtaining water .other than for temporary dewateirng.

(5) Application for Permit -- A written application shall be made to the Regulatory

Board on forms provided by it and shall be signed by the well drills: who will per-
form the work. Such application shall include the name and address of the owner or



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other person in posse sion of the property, the name c nd identification number of

the well driller, the location of the work and the specifications for the well construc-

tion, for example type of well construction proposed, the size of the well and the

method of construction to be employed.

(6) Permission to Inspect -- The application shall-also include a signed statement

granting permission by the owner or other person in possession for the Regulatory

Board, its employees or agents, to go upon the premises at any reasonable time to

inspect the well, its location, construction and operation.-

(7) Specifications -- The specifications for well construction as set forth in the

written application, if approved, shall be contained in the permit issued by the Regu-

latory Board and well construction shall be performed in accordance with such speci-



the Regulatory Board.

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

dated and shall be valid for a period of six (6) months, unless the time limit is ex-

tended by the Regulatory Board and a supplemental permit issued.

(9) Construction Logs and Reports --

(a) Well drillers shall keep a log on a form provided by the Regulatory

i Board of all well construction activities performed under each permit

.'; and shall file with the Regulatory Board such log together with a report

i within thirty (30) days of the completion or cessation of the work autho-
rized by the permit. If no work is performed, a report shall be filed

; within thirty (30) days of the expiration of the permit stating that no well

| construction operations were performed under the permit.

i; (b) Such logs shall be available for inspection at the site of well con-

,| struction during all times when actual well construction activities are

l being performed.

| (c) The RegulatoryBoard may also require that samples be taken and'..
furnished to it within thirty (30) days after being taken. Containers and

instructions shall be provided by the Regulatory Board.

: *(10) Test Holes -- Mvore than one (1) well may be constructed as test holes for one

;owner using a single permit, subject to each of the following conditions:

(a) All such well construction shall be performed on a single contiguous

tract of land under the same ownership.

5; (b) The pattern or layout of such test holes shall be approved by the

Regulatory Board.


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converted to a production or observation well without first obtaining a per-

mit for doing so from the Regulatory Board.

(11) Notice of Rejection, Suspension or Revocation of Permit --

(a) The Regulatory Board shall -issue a Notice of Rejection whenever it

determines that an application for a permit for well construction fails to

meet the requirements prescribed by Chapter 373,. Florida Statutes, or

by these rules and regulations, or that such proposed well construction

would be contrary to the policy of this state or of the Regulatory Board

as set forth in such laws or -in such rules and regulations.

(b) Such Notice of Rejection shall:

: (1) State the grounds for rejection, and may state any remedial

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

7 -- able for approval; and

S-" ..(2) Be served in writing upon the persons signing the application by
:i -registered or certified mail.

'i (c) Any applicant receiving a Notice of Rejection may obtain a hearing

1 before the Regulatory Board by filing within thirty (30) days of the mailing

of such Notice of Rejection a written petition requesting uch hearing. The

provisions of PartII, Chapter 120, Florida Statutes, shall apply.

(d) The Regulatory Board may, upon investigation, suspend a permit and,

. .after notice and hearing, may extend such suspension or may revoke the

^ .permit. The provisions of Part II, Chapter 120, Florida Statutes, shall

i apply. Such suspension or revocation maybe made on any one or more of
i the following grounds:

Se(1) Material misstatement or misrepresentation in the application-

". for a permit.

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

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

gated herein by the Regulatory Board.

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

time such permit was issued.

(12) Emergency Permits -- Emergency Permits may be issued by the Regulatory

Board when conditions exist which justify such issuance. Emergency Permits may




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be applied for. orally j telephone and thrie Regulatory J.oard may issue an Emergency

Permit orally by telephone, however, a serious set of unforeseen or unforeseeable

circumstances must exist to create the emergency, not merecarelessness or lack

of planning on the part of the driller or requestor of the drilling. Misrepresentation

of conditions leading to an'Emergency Permit can void the permit and lead to the

loss of the driller's registration. Any oral Emergency Permit shall be verified

forthwith by telegram to the applicant, which telegram shall be prominently displayed

at the site of the well as soon as'it is received by the applicant. The applicant for

an Emergency Permit shall further reduce his application to writing in accordance

with subsection 1. 03 (5) within 24 hours after making oral application. The making

of an oral application for an Emergency Permit shall constitute permission to the
.

Regulatory Board to inspect well construction activities as otherwise provided for
in subsection 1.03 (6) hereof. Subsection 1.03 (9) shall apply to construction per-

formed under an Emergency Permit.

(13) Exemptions -- No provision of subsection 1. 03(3) shall apply t engineering

bore holes, soil sling test holes, mineral pro acting holes w ch donot

penetrate a water -aring stratum o e earth tha i Ids water wells, springs

or streams jacent o or in the cinit of the said exp oratory or test oles.

SGeneral Athority 373. 171, Florida Statutes; Law Implemented 373. 171 (1), Florida

Statutes

357R-1.04 Inventory --

(1) Purpose -- The Regulatory Board has determined the necessity for taking and

maintaining an accurate inventory of water resources and uses within the Regula-

tory District so that it.-takes all necessary and proper steps to effect the maximum

beneficial utilization, development and conservation of the water resources'within

said district in the best interest of the public and to prevent waste, contamination

and unreasonable use of said resources. ..
*

(2) Area to be Inventoried -- An inventory will be made and maintained of all wells
constructed pursuant to permits issued by authority of these rules and regulations.

In addition, the Regulatory Board may take inventory of all other wells located

within areas the Chief Hydrologist of the Regulatory Board determines to be seri-

ously endangered from over-development, salt-water intrusion, pollution or other

contamination.

(a) In all such areas the Regulatory Board, its employees and agents,




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shall have the _ght to inspect all wells, going .,pon the premises where

located at any reasonable time for such purpose. .

(b) No person shall interfere with or prevent such inspection.

General Authority 373. 171, Florida Statutes; Law Im'plemented 373. 171 (1), Florida

Statutes

357R-1. 05 Civil Action for Damages .

(1) The Regulatory District may., when it determines that it is in the public interest,

S bring civil action for damages. against any well driller or owner or possessor of a

well when water is wasted or contaminated by improper well construction or use in

violation of Chapter 373, Florida Statutes, or of these rules and regulations or of

any orders adopted or,issued pursuant thereto.

General Authority 3-73. 171,; Florida Statutes; Law Implemented 373. 171 (1)(c),

Florida Statutes .

357R-1. 06 Penal Provisions --

(1) Any person who violates any rules or regulations prescribed herein or any orders

adopted or issued pursuant thereto shall be punished as provided in section 373. 241,

Florida Statutes.

General Authority 373. 171, Florida Statutes; Law Implemented 373. 171 (1) (c),

Florida Statutes












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