Title: Regulations for the Protection of the Works of the District
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 Material Information
Title: Regulations for the Protection of the Works of the District
Alternate Title: Orders of SWFWMD, Chap. 357-1: Regulations for the Protection of the Works of the District." 357-1.01 through 357-1.05
Physical Description: 4p
Language: English
Publication Date: Jan. 20, 1964
 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 91
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050909
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





S ORDERS

THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT '

CHAPTER 357-1 F'!- . ', *
REGULATIONS FOR THE PROTECTION OF THE c__ .
WORKS OF THE DISTRICT-
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357-1.01 Explanation of the Permit System -:
357-1.02 Legal Basis for Issuance of Permits ^ ,.:r ..
357-1.03 The Works of the District .C :i-! c
357-1.04 Permit Application Procedure -- r
357-1.05 Preparation of Drawing or Sketch


357-1. 01 Explanation of the Permit System --

(1) The Southwest Florida Water Management District owns, maintains, or has

accepted responsibility for certain canals, water control structures, rights-of-way,

lakes, streams, and other works which are specifically named in this rule.

*"1 (2) The protection of existing works from actions which would impair their ability

to accomplish the purpose for which they were intended, and the protection 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.

(4) State Laws prohibit such work unless approved by the Governing Board of

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

(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); 378.151; 378. 16 (1)(2);h ,'

378.17 (1) (2)

:: 357-1.02 Legal Basis for the Issuance of Permits -- ,.

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

i Management District July 1, 1961, to effect the provisions of Chapter 378, ,
S'... 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 r:".



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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"

(I. 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. "

General Authority 378 FS; Law Implemented 378.01 (1); 378.07

357-1.03 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 their Resolution

No. 63, dated October 9, 1963; and subsequent motions of January 16, 1964:

(1) The Hillsborough River and its natural floodway and the following tributaries:

Cypress Creek, Blackwater Creek, Palm River, Six Mile Creek, Thonotogassa

Outlet Canal.

(2) The Oklawaha River and its natural floodway and the following listed

connecting works of the Oklawaha Basin: Lake Apopka, Apopka-Beauclair Canal,

Dora Canal, Haines Creek, Dead River. (Note: Permit Applications submitted

for improvements in the Oklawaha River Basin within Lake County should be

1"^ submitted to the Southwest Florida Water Management District through the

Oklawaha Basin Recreation and Water Conservation and Control Authority, Eustis;

Florida, until October 1, 1964. Permit applications submitted for improvements

in the Oklawaha River Basin within Orange County should be submitted to the

Southwest Florida Water Management District through the Lake Apopka Recrea- :: :

tion and Water Conservation and Control Authority, c/o County Engineer, Orange :

County, Orlando, Florida, until October 1, 1964.) ( I .

(3) The Withlacoochee River and its natural floodway, the Orange State Canal,

Lake Tsala-Apopka, the connecting channels and controls of the Lake Tsala-

Apopka system, Jumper Creek, the Little Withlacoochee River, and Lake Pana-
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(4) The Peace River and its natural floodway, outlet channels and control structures

S of Lake Hamilton, Lake Henry, Lake Hancock, and the Peace Creek Canal.. ".





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(5) The authorized Green Swamp Reservoirs, connecting channels, 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 Ancote River

(7) The Lake Tarpon Outlet Canal

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

streams and channels discharging therein.

General Authority 378 FS; Law Implemented 378.01 (1); 378.07; 378.16 (1) (2)

357-1.04 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 clearance from the Southwest Florida Water Management

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.
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(2) An "Application for Permit", in quadruplicate, is attached to this rule.

Additional forms can be obtained from the Southwest Florida Water Management

District, P. O. Box 216, Brooksville, Florida, by calling in person, by letter,

or by telephone.

(3) The application form, upon approval and signature by the authorized officer

of the District, will be given a serial number and will constitute the official

permit. One copy will be returned to the applicant, one furnished the Corps of

Engineers, Jacksonville, District, 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)

357-1.05 Preparation of the Drawing or Sketch --

(1) Drawings are to be submitted on letter size (8-1/2" x 11,) paper, or a size

that can be folded to 8-1/2" x 11", such as i1" x 17." or 17" x 22" Three copies "

of the drawing must be provided. If 8-1/2" x 11" size, one must be of black line ,

type capable of being photocopied. If larger than 8-1/2" x 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 ..os section or

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Sii (3)i The location plan should locate the installation or construction by referencing '

".'it to a section line, a road or some obvious and permanent landmark,

. (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 i


Elevation, water surface elevation and ground elevation expressed in mean sea level

(m. s.lo). 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 378. 151; 378,.17 (1)
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