Title: Rules of SWFWMD re "Protection of the Works of the District."
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 Material Information
Title: Rules of SWFWMD re "Protection of the Works of the District."
Physical Description: 6p.
Language: English
Publication Date: Nov. 16, 1970
 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 61
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050881
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



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RULES

OF

THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

CHAPTER 16CB

PROTECTION OF THE WORKS OF THE DISTRICT


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16CB-1.01 Explanation of the Permit System ^^ r "
16CB-1.02 Legal Basis for Issuance of Permits o '4 r pin
16CB-1.03 The Works of the District -NO
16CB-1.04 Permit Application Procedure :s ~:
16CB-1.05 Preparation of Drawing or Sketch rn


16CB-1.01 EXPLANATION OF THE PERMIT SYSTEM

(1) The Southwest Florida Water Management District owns, main-

tains, or has accepted responsibility for certain canals, water control structures,

rights-of-way, lakes and streams; as well as other works which are specifically

named in this rule as "'The Works of the District".

(2) The protection of existing works from actions which would impair

their ability to accomplish the purpose for which they were intended, and the pro-

tection of other works for which planning is under way is the responsibility of this '

District. ; .

(3) These regulations establish procedures to be followed by those

who find it necessary to connect to, withdraw water from, discharge water into, ,

place construction within or across, or otherwise make use of the works of the .

Southwest Florida Water Management District. '

,,I (4) State Laws prohibit such work unless approved by the Governing

SBoard of the District. This approval is usually granted in the form of a permit.



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(5) 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 Southwest Florida Water Management District insofar as concerns the

public's interest and protection under the Flood Control Law.


General Authority 378 FS Law Implemented 378.01 (1) (2) (3) (4); 378.151;

378.16 (1) (2); 378.17 (1) (2)

History. New 2-20-64; Amended 5-25-67.


16CB-1.02 LEGAL BASIS FOR THE ISSUANCE OF PERMITS

(1) Chapter 61-691, Laws of Florida, created the Southwest Florida

Water Management District July 1, 1961, to effect the provisions of Chapter d78,

Florida Statutes.

(2) Chapter 378, Florida Statutes, (Florida Flood Control), contains

provisions in Chapter 378.01 (1) (2) (3) (4), Chapter 378.151, Chapter 378.16

(1) (2), and Chapter 378.17 (1) (2). General Authority 61-691 LF; 378 FS.

(3) The Governing Board of the Southwest Florida Water Management

District has committed itself in writing to the Secretary of the Army to perform

the requirements of local cooperation under the project, "Four River Basins,

Florida" (H. D. 585, 87th Congress, 2nd Session). Among these requirements

is the following:

"In the case of all canals, reservoir outlets, floodways, and natural

streams on which upstream project works are provided, the necessary floodway :

should be preserved or the rights thereon secured to permit discharges which

would not cause significant damages under present conditions of development." "


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General Authority 378 FS Law Implemented 378.01 (1) 378.07

History. New 2-20-64

16CB-1.03 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,

o* connecting channels, canals, and lakes.

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

connecting channels, canals, and lakes.

(3) The Withlacoochee River, its natural floodway and tributaries,

connecting channels,. canals, and lakes.

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

ing channels, canals, and the lakes which are regulated by the District con-

trol structures, including their connecting channels and canals.

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

r control structures, and discharge channels below reservoirs. (Note: The land

areas required for the three reservoirs must be protected against encroachment

by private or public works to insure proper functioning of the "Four River Basins, :

Florida" project.)

(6) The Anclote River, its natural floodway and tributaries, connecting ;

channels, canals, and lakes.

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

Tarpon Qutfall Canal. : :

(8) Old Tampa Bay north of Courtney Campbell Causeway anrid all tributary .

'-' streams, channels, and canals discharging therein. o ... --.

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

connecting 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.> N 1

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

channels, and canals discharging therein. m C=E

(15) The Weeki Wachee River, its natural floodway, tributaries,

connecting channels and canals.

General Authority 378 FS Law Implemented 378.01 (1), 378.07; 378. 16 (1) (2)

378.17 FS

History. New 2-20-64; Amended 7-21-65; 8-20-65; 5-25-67, 5-18-68.

r 16CB-1.04 PERMIT APPLICATION PROCEDURE

(1) If the construction or use planned connects to, draws water from,

drains water into, or is to be placed in or across the works hereinbefore described,

it will be necessary to obtain a permit from the Southwest Florida Water Manage-

ment District before the start of construction, to insure that the construction is

not detrimental to the operation or maintenance of works existing or planned, and

that the construction will not become a public liability in the future.

(2) An "Application for Permit" can be obtained from the Southwest Florida

Water Management District, P. O. Box 457, Brooksville, Florida 33512, bycalling .

in person, by letter, or by telephone.

(1,(3) The application form will b given a serial number rand, upon approval,

meand signature by the authorized fficr or of the District, will constitute the official

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permit. One copy will be returned to the applicant, and one retained in the

Southwest Florida Water Management District Office in Brooksville,

(4) There is no fee charged for the issuance of the application or the

permit.

General Authority 378 FS Law Implemented 378.01 (3); 378.151; 378.17 (1)

History. New 2-20-64; Amended 9-24-67.

16CB-1.05 PREPARATION OF THE DRAWING OR SKETCH

(1) Drawings are to be submitted on letter size (8 1/2" by 11 ") paper,

or a size that can be folded to 8 1/2" by 11", such as 11 by 17" or 17" by 22".

Three copies of the drawing must be provided. If 8 1/2" by 11 size, one must

be of black line type capable of being photocopied. If larger than 8 1/2" by

11 drawings are used, one must be the original drawing or a reproducible.

(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.

(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.

'f (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 ex-

pressed in mean sea level (m.s.l.). The elevation of the low member of a bridge

span must be shown. For overhead wire crossings and in the case of water or gas

lines, low member elevation must also be indicated on the drawing.

General Authority 378 FS Law Implemented 378o151; 378o17 (1) .. i : f

History. New 2-20-64. 1 o -'








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