Title: Rules of the Department of Environmental Regulation
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051018/00001
 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 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051018
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% -- 1/16/81
Page _





17-X.01 Declaration and Intent

(1) The Department adopts by reference the police

directives e- Florida Constitution, Chapter 233,

Chapte 373, and -hapter 403, Florida Statutes, as

a soud oQL the management of Florida's Wa er


(2) Th a-i a .rtn At Tae cha ttP h 0 ,Qmp 1 'A_ .

04-o^n ........ Ir' n resicrasi.. cois mc iSion

0*4 4 InvF1 g-tttefres g n t 1 s^^JLaj]^

7t-'anc,/, he Department has developed the water

policy directives as set forth in this Chapter to11

insure the conservation, protection, and management

of the waters in the State.

(3) The water policy directives set forth in this

Chapter are intended to provide general policy

guidance to the Department and. Water Managemen

Districts in th\ development of more detailedb ewd

regi nal-specif3c p liq rule and plans.

(4) This kule dp s not repeal, amend or otherwise alter

any rule now existing or later adopted by the

Department or Water Management Districts -ecelt-

(5) It is the intent of the Department, in cooperation

with the Water Management Districts, to seek adequate

sources of funding to supplement District ad valorem

taxes to implement the orov sins of this Chapter.

(6) The water policy '"Ltr~ab~- in this Chapter

shall be part I of the Florida Water 1lan.

DRt 1/16/81
Page 2


17-X.02 I Z-mil-t~XIfiI Definitions

( Definitions contained in Chapters 253, 373, and ,

Flord Statutes, and definitions contain in other

chapters of artment or Water M gement District

rules may be util id to c'lify the meaning of terms

used herein, unless Sh t ms are defined in this

section, or upess the transfer f such definition

would d eat the purpose or alter the tended

efct of the provisions of said chapters o~-rules.

(i) 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.


17-X.03 General o I

S(1) An adequate and affordable supply of water should-
( ,d (*beg _ought for all reasonable-beneficial uses.

*(2) Water necessary to support essential non-withdrawal
demands, including navigation, recreation, andAibe

\ \protecti-gi--\ fish and wildlife habitat, .h.ud.be

(3) Uses of water authorized by a permit chail bac. _m.-d

/, to reasonable-beneficial uses and4ater conservation
s=ho"li -bS a condition of water use. AThe use and

reuse of water of the lowest acceptable quality

for the purpose intended _houldhe emjouraied.

DRA. 1/16/81
Page 3

SThe natural aquifer recharge and water storage

functions of land s..h..d.l-p. aUee^ed to the greatest

degree that is economically and environmentally

feasible. High priority should be given to the

c o (1 >^ ^ protection of wetlands and floodplains through

os. F=c o Ar regulati n or a quisition.

co c C ,Local/water supplies hlTt--c developed to the
1. 2 aO2-5 C maximum extent practicable prior to consideration

T c-. 5 '-- of intercounty, interbasin, or interdistrict transfers.
"= ^------ ^^ ^ --~ --- --7.--n--^
'-- -The s plying^e hou ot be deprived of the prior
f -||7 I r t to h a e ue t n/
Uo.-o- C w ri t to th-reasonab iebenefic-al use/Of water tra -

'0M' L^" after quality standards Ae= U e l tnd
c C o to protect waters of the State /

Point and non-point sources of pollution,...d --=b-w
c-amiewe to the maximum degree that is

S1 economically an4 environmentally feasible.

SFlcd la ns o to prevent
flo o d-u f.. *-4,

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.
(12) Coective tion should be -dertan where
water res urce problems prevent dr threaten to

preventhe achievement of reasonable-beneficial

use or th protection of fsh and h wildlife.

D Ri'.T- 1/16/81
Page 4

(13) r 4!t ft f! p 49 1 c t

o n

High p i'ity shoul, given to the,

.eliinatio of duplicat ve overla1gig

re lations.\

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 a repos .. ed e-iu reasonable -

benef-i.-ia-use consideration should be given tco

(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

user; o n

(h) Th emthod 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 .gar-eonab-le---

-bene-i-ei~- uses;

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

(m) The extent of water quality degradation caused;

Page 5

(n) Whether the proposed use would cause or contribute

to flood damage; and

(o) Other factors impacting w water resources eae-


(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 4- 00p be a requirement of

17-X.05 Water Transfers

The following shall apply to the transfers of water where

such transfers are regulated pursuant to Part II of

0^l ^-i Chapter 373, Florida Statutes:
* a 0 a,
5 L -.. n, "etansfer n-tradin-tansfers-wkthirr-t le-

Florida Statutes, the department o District should
program is implemented and enforced in the area

.-AAof need.0

S(b) The major costsCh benefitsare adequirately

.recei ing areas.

i' -- -

DRAFT 1/16/81
Page 6

(c) The transfer is an environmentally and economically

acceptable method to supply water for the given

purpose. ,

(d) The projected 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 ., d ; I V

(1) Water quali y standards shall be established and

enforced/to 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 Part IV of Chapter 373, Florida Statutes.

(1) The constructionnof 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 not be harmful to the water re-

yr77' , sources :f---the tate l) S 1 nsideration
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,

DRF 2- 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,establishe
1iiihiur~- -16f) 1Ii L ih standards i, ni

(Li) d ign vent T, y

(iii) mi l m drainage


(c) Whether adequate/provisions for -afd-acoptance

T"^"OTh continued operation and maintenance of

the facilities, by a-n -"ntTy repesenting tr

(d) The ability of the facilities and ai timprove-

ments sr'r-- th-reby to avoid increasing flood

damage to offsite property-or the public through:

(i) floodplain develop pment encroachment or other


(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;

abt1 within the naotnural-- d /

teC-de f r~o~4r7lafr-nx4y^i'ng^^ /ul~-

DR.rT 1/16/81
Page 8

(2) Existing filities sha be operated and maintained
to prevent hart -wre-tr "reeouree" sa-determined rougr-

-consider a ion f.-a re.. ria-m -scfe t- ehthr-(-4r-abOve-r

to the extent feasible within the ability and resources

of the entity responsible fb operation and maintenance.

(3) Remedial measure, including increased operation and
maintenace,/new facility construction, modification

of existing facilities or restoration of lands and

waters ay be required to-revert-haim-._o water

resource -0-m~o~q tect the health, safety or welfare

of the public.

17-X.08 Minimum Flows and Levels
-Th -fo -owin g-s h a--l1-app ly-to- prog r-ams--implemen ted-

-puri.n.-to-s -.-- .-442-o f-C-hapter-3-3 37--F ori d -Statut -. --.
(1) AMinimum flows and levels sih~ed e established to
protect water resources and the environmental values
associated with coastal, estuarn aquatic, and
wetlands ecologyincludi-ng-r

(a) -Providing--fe? creation in and on the water:

(b) -Pr-vidi-ng-for fish and wildlife habitats and

the passage of awgsdBoame fish species;
(c) WMendamence-od Jstuarine resources ;t ...tt...
^) skf transfer of detrital material;

( ) MainteTanre--f freshwater storage and supply;

( ) -Providing esthetic and scenic attributes;

(f) Filtration and absorption of nutrients and
other pollutants;

9 Je4ti44ew-fe4 diment loads ;
(14) W'T 1 pi ne.i notable water

supplies; )

DRF 1/16/81
Page 9

S) Provdin -fe- aviation) ^

". 7 Na-person--sha l-lowo water ..levels below.._establis
-minimum flows and levels through drainage, im-
poundment, diversion, pumpage, or other means
'unless those values listed in 17-X.08.(1) are

considered and ...

V (a) preserved ax-d'enhanced;
',V (b) provided in another manner; or

(c) determined-to be of a lesser social,
economic and environmental- .value than the

15urpose-of~the-proposed -alteratJion.

(,Z Measures should-be -undertaken -to restore or
otherwise compensate for the previous adverse

Oj\ alteration of water flows and levels where
r \ *rm...rm .j-l~f=r .......A 1 -- n n an-h 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. fWh -the -cats-and-performarne-of-
i l-n -s ~uctur alter.hi a--e eqfivalent-to-pr-be'ter-

^7- !j ,...c saa er:orm nc- of strd utur S a s ures' '/.

-tura app 7-shoul- --b-gi 1preferen..
7 j J (2) Water Resdurce Projects of particular bei efit to
.... \ ,:,"limited segments of ..the population shoui be finance

0 by __se most directly benefited .t...ci _

(3) Corrective action should be taken where economically

and environmentally feasible to mitigate damage caused
by the construction or operation of Water Resource

17-X.10 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 Policy. t the request

of the Department, each District shall initiate suec d

eharnge pursuant to Chapter 120, Florida Statutes,

h-lathe Department determines to be necessary to

-assure consTsen cy S ate Water Policy -provided,

_i .ii ^,epar-ftment- and- _is triCts7--such-determi4-ati on-sh a --

be-made-by-th e-Gove rnm ~ran d-Cab i ne t-pur s-u ant--t-o

\^7-3SP7^1~T-WPieori: da-S t atautevs-

-/-31--"Dis tri-ct-rUles--adboped-after-athe-State- Water- Polic1^
takes, effect shall be consistent with State-Water

Policy Jf Department; p4r fad f r

ic c ee 11

hbe. made.Ibv'_h\ sa- -11", .Ln I' l t. to

( ) Di rict rules/adopted purse ant to Chapter 20, \
lorioa Sta utes, shall/remain in e pendin

tien-- --st en ry

pursuant-t-o- -^ 1427 an d-f' here iny
(5) District water policies may be adopted which are
consistent with State Water Policy, but which take
into account differing regional water resource

characteristics and needs. D-Ts'c t wti;a--er--po;ol

'/- / ^ "

7j)"^B M rDistric programs pursuant to s. 373.033, 373.042,

^ 1 /l V 373.106, Part II, Part III, or Part IV of Chapter 373,
Florida Statutes,-eh-ae-be-implemente where the
Department .or District determines that present or
projected conditions of water shortages, saltwater
intrusion, flooding, drainage, or other water resource

DRArtI' 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, osnnte a _Rdj r__ag-

-bet-ween-t e--D-e p artmerrt--and --D-is-t-ri4-c t-- _urch de t ermin ,


---( .... -pursuant--to-s.-3; -S.-1-4T Fl orrda--Statuutes

Ap 4wante-ir-use-pan prepared by each District which identify

/uJL 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 Lweia;.l

rules; and actions taken by local government

pursuant to a Local Government Comprehensive Plan,

local ordinance, or zoning regulation.

(c) *he-StaterWater-Pan-shgr-ii Lso-spe -y- the h 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 re source problems -

from reaching critical level

(Jf The Department.And Districts shall assist^e-

governmen tn the development of plans, ordinances,

or other programs to assure consistency with the

State Water Polic{.

(8) Duplication of water quality and quantity permitting

functions be eliminated where appropriate through

7 .-on* ) n- delegation er--eonseldat-i-~ of agency responsibilitieS.
373.0lf (3)
it is9 403.812 D)elegation of functions to Water
therefore the intent of'the Legislature to vest in the M40312 Delisation cts.-When the secret
Department or Environmental Regulation or its suc- Management Districts.-Whn the secretary de-
cessor agency the power and responsibility to accom- termines that a water management district has the
plish the conservation, protection, management, and financial and technical capability to carry out water
control of the waters of the state and with sufficient quality and other functions of'the department, those
flexibility and discretion to accomplish these ends powers, duties, and functions, or parts thereof, may
through delegation ofappropriate powers to the var- be contracted or delegated to such water manage-
ious water management districts. The department ment district.
may exercise any power herein authorized to be ex-
ercised by a water management district; howev(erJ,o_.
the test exte ra ct~iA~h ch wer should
d to .he..g er boar of a w-aterm nan-
agement 'district.

(G0) The Department and Districts l 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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