Title: Rules of the Department of Environmental Regulation
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051017/00001
 Material Information
Title: Rules of the Department of Environmental Regulation
Alternate Title: Rules of the Department of Environmental Regulation, Chapter 17-x, Water Policy.
Physical Description: 12p.
Language: English
Publication Date: January 16, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3A ( STATE WATER POLICY ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051017
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





17-X.01 Declaration and Intent

(1) The Department adopts by reference the police

directives of the Florida Constitution, Chapter 253,

Chapter 373, and Chapter 403, Florida Statutes, as

a sound n ed for the management of Florida's Water


(2) The Department adeO t ~- 1 .. -'T eLhL ,, Lu m-uli .. L"

.I. ... g mA _l n ^-..-_ L ^ n... .. l. l U.. .-J.-I-- -I

t1 ~-~'~1L, ... ---i...... has developed the water

policy directives as set forth in this Chapter to 4U

insure the conservation, prctecticn, and management

of the waters in the State.

(3) The water policy directives set forth in this

Chapter are intended to provide general police

guidance to the Department and Water Management

Districts in the development of more detailed eiw

regional-specific policy, rules, and plans.

(4) This rule does not repeal, amend or otherwise alter

any rule now existing or later adopted by the

Department or Water Management Districts e~-c~-eet--

--as--r-ovided'in e sl ... 17-X.- h er .-l *

(5) It is the intent of the Decartment, in coccperation

with the Water Management Districts, to seek adequate

sources of funding to supplement District ad valorem

taxes to implement the orovisions of this Chapcter.

(6) The water policy *a abrE-tb .s-adopec4 in this Chapter

shall be part I of the Florida Water Plan.

DR. 1/16/81
Page 2


17-X.02 GOn-;ur_i--'_ li"y .f_ Definitions

Flora Statutes, and definitions contained ii other

chapters o B artment or Water Mana ent District

rules may be utilize to clear i the meaning of terms

used herein unless suc eR are defined in this

section, or un the transfer of definition

would d at the purpose or alter the intend

.W+ When appearing in this chapter, the following words

shall mean:

(a) "Department" means the Department of Environ-

mental Regulation.

(b) "District" means a Water Management District

created pursuant to Chapter 373, Florida Statutes.

(c) "Water Resource Project" means a project

undertaken by the United States. Army Corps of

Engineers which is authorized and funded by

Congress and included within the Florida

program of public works submitted to Congress

pursuant to s. 373.026(9), Florida Statutes.

PART III POLICIES oJ^C^JJdb f ^\*^P^Tc ^XJ adc

17-X. O 3 General W tU"-4tt n- )

(1) An adequate and affordable supply of water should

be sought for all reasonable-beneficial uses.

(2) Water necessary to support essential non-withdrawal

demands, including navigation, recreation, and the

protection of fish and wildlife habitat, should be


(3) Uses of water authorized by a permit should be limited

to reasonable-beneficial uses and water conservation

should be a condition of water use. The use and

reuse of water of the lowest acceptable quality

for the purpose intended should be encouraged.

DRArT 1/16/81
Page 3

(4) The natural aquifer recharge and water storage

functions of land should be protected to the greatest

degree that is economically and environmentally

feasible. High priority should be given to the

.-I 6 o> 1 3c protection of wetlands and floodplains through
=Cj regulation or acquisition.

5SSQt 3o (5) Local water supplies should be developed to the

.I .o = z maximum extent practicable prior to consideration

Q d 5 = of intercounty, interbasin, or interdistrict transfers.

P C C% 0 Q ^" r'""-

-'== bc^ (6) Water quality standards should be established and
c= 'E c -_C.- enforced to protect waters of the State.

Point and non-point sources of pollution should be

controlled to the maximum degree that is

economically and environmentally feasible.

7 (7) Floodplains should be protected and managed to prevent
flood damage.

S(8) Excessive drainage should be prevented or mitigated

to the greatest degree that is economically and

environmentally feasible.

(9) Minimum water flows and levels should be established

to protect water resources and the environmental

values associated with coastal, estuarine, aquatic,

and wetlands ecology.

(10) Both structural and non-structural alternatives should
be given adequate consideration in water resource

project decisions.

(11) Interstate agreements and cooperative programs
with Alabama and Georgia should be undertaken

to provide for coordinated management of inter-

state waters.

water reM opro les o tr threaten to

prevent thevlemvreasonab le-beneficial

DR_ F 1/16/81
Page 4

( ult p 1i an 4-- k t

and regulatory programs no ists for the

protection and c 1 water and related land

resources. Hi priority sh e be given to the

17-X.04 Water Use

The following shall apply to those areas where the use

of water is regulated pursuant to Part II of Chapter 373,

Florida Statutes:

(1) No permit shall be granted to authorize the use of

water for other than a reasonable-beneficial use.

(2) In determining whether ap-epose -a e- -ia--reaasonab3rle-

-benef-i 'kal-us-e consideration should be given tcA

(a) The quantity of water requested for the use;

(b) The demonstrated need for the use;

(c) The suitability of the use to the source of water;

(d) The social, economic and environmental value of

the use;

(e) The extent and amount of social, economic, and

environmental harm caused;

(f) The practicality of mitigating any harm by

adjusting the quantity or method of use;

(g) Whether the impact of the withdrawal extends

to land not owned or legally controlled by the


(h) Th method and efficiency of use;

(i) Water conservation measures taken or available

to be taken;

(j) The practicality of reuse, or the use of waters

of more suitable quality;

(k) The projected demand for competing seaeenabl-e--

-benef icie~d uses ;

(1) The safe basin yield of the source of water;

(m) The extent of water quality degradation caused;

SDR -1/16/81
Page 5

(n) Whether the proposed use would cause or contribute

to flood damage; and

(o) Other factors impacting the water resources a-f--


(3) The Department or the Districts shall reserve from

permit use water in such locations and quantities,

and for such seasons of the year, as in their judge-

ment may be required for the protection of fish and

wildlife or the public health or safety.

(4) Conservation of water -sha-1-1 be a requirement of

Sre as onab3eb-ne^4-i--a- -u s e-r--

17-X.05 Water Transfers

The following shall apply to the transfers of water where

such transfers are regulated pursuant to Part II of

a S_ Chapter 373, Florida Statutes:

If, iI >4.1- ) t--IJ %a tir-y ..satnfd 4roi etIaaC&n U-tw-Ld ans-feirs-t hi trra-b tng-.e-
7P > t AIC 4 AAA-

i5 S s = I n approval of each involved Districterd-ir-hecate-

o .^ ,J^.o ^ f--unrs es o-rve-e o 0m -l-inte--to et ween--igaf ric nt ima -t- un o

" j J.i l In Fl hiding whether] proposed interdistrict should

-a Acomi-t--de therm nse h a-ve- si g ervafiona nd-i ace-unspoe r

program is implemented and enforced in the area

of need. f i
(b) The major costs ad benefits/are adequately

determined for both the supplying and the

receiving areas.

DRAFT 1/16/81
Page 6

(c) The transfer is an environmentally and economically

acceptable method to supply water for the given


(d) Th Aprojected water needs of the supplying area
are reasonably determined and can be met if the

transfer takes place.

(e) The transfer plan incorporates a regional

approach to water supply and distribution

including, where appropriate, plans for

eventual interconnection of water supply sources.

17-X.06 Water Quality 4,3

(1) Water quality standards shall be established and

enforced o protect waters of the State from point

and non-point sources of pollution.

(2) State water quality standards adopted pursuant to

Chapter 120, Florida Statutes, shall be /art

of the Florida Water Plan.

17-X.07 Surface Water Management

The following shall apply to the regulation of surface

waters pursuant to P IV o .Chapter 373, Florida Statutes.

(1) The construction of'facilities designed to manage or

store surface waters, or the improvements served

thereby, or of other facilities which drain, divert,

impound, discharge into, or otherwise impact waters
^/ in the State, shall noe harmful to the water re-

# sources of-the--btate l consideration
should be given to:

(a) The impact of the facilities on:

(i) recreation,

(ii) navigation,

(iii) water quality,

(iv) fish and wildlife protection,

(v) wetlands, floodplains, and other

environmentally sensitive lands,

DR 1/16/81
Page 7

(vi) saltwater or pollution intrusion,

including any barrier line established

pursuant to s. 373.033,

(vii) reasonable-beneficial uses of water,

(ix) minimum flows and levels established

pursuant to s.373.042, and
(x) other factors relating to the public health,

safety, and welfare.

(b) The ability of the facilities to meet established
__ &A^d `-A-
'hydj-roloyigtr estandards~in-lu~i._f :

(c) Whether adequate provisions for *P fiia*

eBaT the continued operation and maintenance of

the facilities by an ily A.pt -% n in7 X-

(d) The ability of the facilities and the improve-

ments served thereby to avoid increasing flood

damage to offsite property-or the public through:

(i) floodplain development encroachment or other

alteration, V

(ii) retardance, acceleration or diversion of

flowing water,

(iii) reduction of natural water storage areas,

(iv) facility failure, or

(v) other actions adversely impacting offsite

water flows or levels;

yo et tQ

akb^ML- -hn n

DR..F 1/16/81
Page 8

t prevent harm VL' t e ermin brough-

Co n side -e G t-ia Gt-fo aeover
to the e ent feasible within the ab Lty resources
of e entity respd ible for o ration and main nice.
(3) remedial measures, incll increased operation no,
m,'ntenance, new faci ry con ruction, modifcation
of ext ing faci ties or restorat n of hands and
waters may required to prevent hnm water
1 Nag to protect the he

17-X.08 Minimum Flows and Levels
-The-fo -llow-i-ng-shal-1-appl y-t o-p rograms-i-mplemented-

-purs nta~-s~os.---r.-42-o f-Ch apter-37-37--F oride--Sta t-utes-
(1) AMinimum flows and levels shali be establi ed to
protect water resources and the environmental values
associated with coastal, estua aquatic, and
wetlands ecologyinc-l udirngr 0
(a) -Providing-f-r creation in and on the water:
(b) -Providing-for 0 ish and wildlife habitats and
the passage of anadromous fish species;
(c) Maintenance-o~ stuarine resources iudin-iA-
() > th -ransfer of detrital material;
( ) *Mai-ntenanre-o? freshwater storage and supply;
( ) -Provijing esthetic and scenic attributes;
(.) Filtration and absorption of nutrients and
other pollutants;

Cg) Reduction of sediment loads;
(W) t qalL p"tLiu u able water
supplies; ;i @

DR 1/16/81
Page 9

I( ) Provding-f Navigation.

-2: No-person-shall-lowerwatareels.... belowestablis

r minimum flows and levels through drainage, im-

poundment, diversion, pumpage, or other means
unless those values listed in 17-X.08,(-l) are

considered and:-,"

(a) preserved and'enhanced;

(b) provided in another manner; or

(c) determined ...to be of a lesser social,

economic and environmental\value than the

SUrpose--o f-thei-proposed-a lte ration- ..
S() Measures should be undertaken to restore or

otherwise compensate for the previous adverse

alteration of water flows and levels where

economically and environmentally feasible and

in the public interest.

17-X.09 Water Resource Projects

(1) Both structural and non-structural alternatives

shall be given adequate consideration in Water Resource

Project decisions. 1

y oeneilrj- U *
( Corrective action should be taken where economically

and environmentally feasible to mitigate damage caused

\by the construction or operation of Water Resource

k Projects.

17-X.1i Implementation

(1) State water policy shall be reviewed periodically,

but in no case less frequently than once every four

years. Revisions, if any, shall be adopted by rule.

DRAFT 1/16/81
Page 10

(2) Within 12 months after adoption or revision of State

Water Policy, the Department, in coordination with

the Districts, shall review existing rules for

consistency with State Water Polic .(Akt the request

of the Department, each District shall initiate ehe

ehaantges pursuant to Chapter 120, Florida Statutes,
-f. C cteU-o- ckafl^ t
.ae the Department determines to be necessary to

assure consistency wit ~ate Water Policye -provided,

ev a nhe- case-o f-conflic5b-be-ween- ehe- /

,Bepaitimen t-and--istr Ctsy-such-detferominatc ion-sha 1-"

be--made--by-th e-Gove rnm oT"and-C abi ne t-pur s u an-t--t-o

9.r--3T3-~--79t24 -Por-id a-S t-atutes-?.

S ttric rueadopted-after-th-State- W ater-P-o -i c

\ takes, effect shall be consistent with State Water

Policy r

."o;e -n h- l'

(5) District water policies may be adopted which are
consistent with State Water Policy, but which take

into account differing regional water resource
.. ...

(6) District ,programs pursuant to s. 373. 033, 373.042,

373.106, Part II, Part III, or Part IV of Chapter 373,
Florida Statutes, I ....A Ad m'-- where the.

Department or District determines that present or

projected conditions of water shortages, saltwater

intrusion, flooding, drainage, or other water resource
37.16 PatIPr II rPr VofCatr33

DRAr 1' 1/16/81
Page 11

problems prevent or threaten to prevent the

achievement of reasonable-beneficial uses, the pro-

tection of fish and wildlife, or the attainment of

other water policy directives contained herein;

p-ro-ved,-T Iro we 1wve-t "- ..-.E-c 0 f-con4-f-0

-between--the~-De-partmnnt--end-Dit-r-~-_ ch d1t-e rnmin- ,

Iwo ? 10 .at-io--a-s h a--l-brie-made-by-the-Governor--and-abi-net

i-i V
-pursuant-to-s.----l3r.-1-4- Florida--Statubte s-

Awater" use plans prepared by each District which identify
specific geographical areas where water resource

problems have reached critical levels.

(a) A course of remedial action which is consistent

with the provisions of State Water Policy shall

be specified for each critical problem.

(b) Measures may include, but are not limited to,

Water Resource Projects; State water resources

restoration projects; purchase of lands;

enforcement of Department or District laws and

rules; and actions taken by local government

pursuant to a Local Government Comprehensive Plan,

local ordinance, or zoning regulation.

(c) he--State= Water-Plarnsrhal--lso-specify- Lh-se areas

or regions where the collection of data, water

resource investigations, water resource projects,

or the implementation of regulatory programs are

necessary to prevent water resource problems -

from reaching critical level /

(S} The Department and Districts shall assists btls

government in the development of plans, ordinances,

or other programs to assure consistency with the

State Water Policy.

(0) Duplication of water quality and quantity permitting

functions ah'e be eliminated where appropriate through

nd, delegation r"-eonse~ida-t-oR of agency responsibilities. .
it is. DleleRation of functions tg er
there the intent of the Legislature to vest inl^ Mana e eagton o uent.orl dter
Departme 'Emvironmental Regulation0 or uc- management a iat.l 1t tric de-
cessor agency power and responsibility accon- terminus that a water
plish the conserve ', protection, ma cement, and financial and technical iT rry o water
control of the waters* he state with sufficient quality and other actions of the depart hose
flexibility and discretion -implish these ends powers, du and functions, or parts thereof, met
through delegation of app 'aite powers to the var- be coi acted or delegated to such water manage-
ious water mahagenimdistr s,. The department I district.
may exercise any oer" herein at orized to be ex-
ercised by a wat management dist :r however J,o_,
theg greatest te racticable- such p er should_,
be delTegl to the rgoverniQ board of ai wai m an-
ageem district.

(.a) The Department and Districts W.al -assist State

Universities in the development of educational

curricula and research programs which meet Florida's

present and future water management needs.

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