Title: Letter to Florida Department of State enclosing a copy of Rule
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 Material Information
Title: Letter to Florida Department of State enclosing a copy of Rule
Alternate Title: Letter to Florida Department of State enclosing a copy of Rule, Chapter 16CC-2.01 of SWFWMD adopted Feb. 9, 1972, enclosing Certificate of Administrative Rules Filed with the Secretary of State, Summary of Rule 16CC-2.01 and the text of the Rule "Delineat
Physical Description: Book
Language: English
Publication Date: Feb. 9, 1972
 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 125
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050943
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


REUTIIN O'D. ASKEW
S T' Governor
St^+c> nfc\ F i S^ Fr^1RICHARD (DICK) STONE
State of Florida W-,, S secretary of State
ROBERT L. SHEVIN
oI Attorney Generral
on "X FREI) 0. DICKINSON, JR.
Comptroller
THOMAS I). O'MALLEY \

DEPARTMENT OF NATURAL RESOURCES DOE NNLR
-4 ~Commissioner of Agriculture
FLOYD T. CHRISTIAN

._NDOLPH HODGES LARSON BUILDING / TALLAHASSEE 32304 / TELEPHONE 224-7141 Commissioner of Education
Executive Director

February 29, 1.972






Mrs. Liz Cloud
Administrative Code Division
Department of State
Coleman Building
Tallahassee, Florida 32304

Dear Mrs. Cloud:

You will find enclosed Chapter 16CC-2.01 of the Southwest
Florida Water Management District, which was adopted by,
the Board of Governors of the said District on February 9,
1972.

This rule is for filing with the Secretary of State for in-
clusion in the Florida Administrative Register, as provided
by Chapter 373 and Chapter 120, Florida Statutes.

Very truly yours,



cl k W. Pierce
Department Attorney


JWP/er
Attachment




..












/ ADMINISTRATIVE SERVICES ENVIRONMENTAL RESEARCH AND PROTECTION INTERIOR RESOURCES
DIVISIONS MARINE RESOURCES RECREATION AND PARKS











CERTIFICATE OF

-- ADMINISTRATIVE RULES FILED WITH THE SECRETARY OF STATE
RICHARD STONE i
(Pursuant to Chapter 120, Florida Statutes) I




I do hereby certify that the attached rule is a correct copy as promulgated
and adopted on February 9, 1972, by the Board of Governors of the Southwest
Florida Water Management District (Regulatory).


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)


Statutory Rule Specific Law
Rule No. Making Authority Implemented

*^ 16CC-2.01 Chapter 373, F.S. 373.072, 373.081, 373.101,
373.141, 373.151, 373.171,
F.S. ,






S t nature
(SEAL)

Executive Director
Title


Three
Number of rule pages certified
~"



I do hereby certify that the attached rule has been reviewed and approved by
the Director, Division of Interior Resources, Department of Natural Resources,
to insure compliance with the provisions and purposes of Chapter 373, Florida
Statutes. ,




Signature


Director, Di ision of Interior Reso rces.
Title :
" : ,


..... 'l- i '

















SUMMARY



"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)"






16CC-2.01 DELINEATING AREAS OF "WATER USE-CAUTION" -- This rule sets

forth the procedure and the policy to be used by the

Southwest Florida Water Management District (Regulatory) 1

for declaring and delineating "water use-caution" areas.

It also defines "water use-caution" areas and describes

the steps that may be taken within such areas to protect j

the public interest and the water resources.









*' I










RULES AND REGULATIONS
OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
CHAPTER 16CC

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)


16CC-2.01 Delineating Areas of "Water Use-Caution" --

(1) The District may declare and delineate from time to time, and may modify,

"water use-caution" areas within certain hydrologic areas within the District

where it finds that the use of ground water or surface water, or both, re-

quires coordination and limited regulation for protection of both the public I

interest and the water resources of the state.

(2) A "water use-caution" area is one where the District finds that the ag- J
-A!

gregate uses of water in or affecting said area:

(a) Have developed or threaten to develop to a degree which requires

coordination and regulation; or

(b) Detrimentally exceed or threaten to exceed, or otherwise threaten

or impair, the renewal or replenishment of such waters or any part of

them.

(3) The Governing Board of the District may declare and delineate "water use-

caution" areas in accordance with the following procedures:

(a) Whenever the Governing Board believes the "water use-caution"

situation exists or may be emerging in any area of the District, it may

direct investigations and reports thereon. .

(b) Such reports may include findings and recommendations as to whether .

the water use problems of the area involve surface waters, ground waters,.-

or both; whether effective measures can be employed to either surface, T-

water or ground water, or both; and whether timely action by any agety y

or person may preclude the need for regulation. The report may also

include such other findings and recommendations deemed appropriate, in-

cluding recommended boundaries for any "water use-caution" area that may

be proposed.

(c) If the Governing Board finds, following its review of the report,
that a "water use-caution" area should be declared, it may declare such




t 1 : '' .' '' **' : ** ; ;1 ** cl






II


a "water use-caution" area. If a "water use-caution" area is declared,

the declaration shall include a delineation of the boundary of said ^

hydrologic area, and the District may prepare proposed orders or regu-
lations consistent with Rule 16CC-2.01 and commensurate with the degree f

of control needed.

(d) If the Governing Board finds that a "water use-caution" area is i

not to be declared and that by timely localized actions it can prevent i

the need for area-wide regulations, it may prepare proposed regulations

or orders to be applied in the area. Such regulations or orders shall

be consistent with Rule 16CC-2.01 and Chapter 373, Florida Statutes.

(4) Following the declaration of a "water use-caution" area, the Governing

Board may prepare proposed orders or regulations to be applied in said area,

,-- containing such of the following provisions as the Governing Board finds

appropriate concerning the use of surface waters or ground waters, or both:

(a) Provisions requiring water users who use in excess of 100 million

gallons per year within the area to submit reports not more frequently

than at 30-day intervals concerning quantity of water used or with-

drawn, sources of water, nature of water use and eventual disposal of

used waters.

(b) With respect to surface waters, ground waters, or both: Provisions

concerning the timing of withdrawals; provisions to protect against or

abate salt-water encroachment or other deterioration of quality; provi-

sions to protect against or abate unreasonable adverse effects on other

water users within the area and the water resource of the state.

(c) With respect to ground waters: Provisions concerning well spacing.

and well construction controls; and provisions establishing a range of; ,_

prescribed pumping levels (elevations below which water may not be,

pumped) or maximum pumping rates, or both, in wells or for the aquifer(s) ,-J

or for any parts) thereof based on the capacities and characteristics

of the aquifer(s).

(d) Provisions requiring that no water user shall withdraw, divert,

obtain or utilize surface waters or ground waters, or both, as the case

may be, in excess of 100 million gallons per year without written au-

) thorization from the District.


2 -

~ ~ ~ ~~ ~ ~ ~ .











(e) Provisions requiring ground water users to pay for

design, construction, construction supervision, and perpetual

operation and maintenance costs of works required to divert

excess surface waters to the users area of ground water

withdrawal. The diversion of surface waters and construction

of facilities for such diversions must first be approved by

the Southwest Florida Water Management District and upon

completion of construction such works will be operated and

maintained by SWFWMD.

(f) Such other provisions not inconsistent with this regula-

tion as the District finds necessary to implement the purposes

of Chapter 373, Florida Statutes.

rf (5) Following the preparation of any proposed orders or regulations,

the District shall conduct one or more public hearings in conformance

with the requirements of Chapter 373, Florida Statutes, to receive

evidence and testimony on the proposed orders or regulations.

(6) The adoption and publication of these orders and regulations

shall conform to the requirements set forth in Chapter 373, Florida

Statutes. General Authority 373, Florida Statutes; Law Implemented

373.072, 373.081, 373.101, 373.141, 373.151, 373.171, Florida

Statutes.












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