Title: Memorandum describing the outcome of the public hearing on the State Water Policy
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 Material Information
Title: Memorandum describing the outcome of the public hearing on the State Water Policy
Alternate Title: Memorandum describing the outcome of the public hearing on the State Water Policy held on March 27, 1981, with most of the proposed policy adopted, general policy delayed and significant amendments incorporated, with copy of "Water Policy," attached. Marc
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 67
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051077
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






M lraw Mmplemented: 373.036, 373.042, 373,086, 373.175,

2 373.246, F.S.

3 History: New.

4 17-40.09 District Water Management Plans

5 (1) A water management plan shall be prepared by each District

5 which is consistent with the provisions of this Chapter and

7 Section 373.036, Florida Statutes. The plan shall identify

2 specific geographical areas where water resource problems
9 have reached critical levels.

LG (2) A course of remedial action shall be specified for each

Ul critical problem.

"12 (3) Measures may include, but are not limited to, water

13 C resource projects; water resources restoration pro-

14 o jects pursuant to Section 403.0615, Florida Statutes;

15 purchase of lands; enforcement of Department or Dis-
16 trict rules; and actions taken by local government
17 pursuant to a local Government Comprehensive Plan,

r1 local ordinance, or zoning regulation.

19 (4) District Plans shall also provide for identifying areas
S2 where collection of data, water resource investigations,

S21 water resource projects, rat the implementation of regula-

32 tory programs are necessary to prevent water resource prob-

2Z lemns front reaching critical levels.

24 Specific Authority: 373.026, 373.043, .403.805, F.S.

25 law Implemented, 373.036, 373.033, 373.042, 373.106,

f5 373.114, F.S.

ZT Eistory: New.

23 17-40.10 lia II n A.. .cc... -
12- (1) This Chapter shall be reviewed periodically, but in
10 no case less frequently than once every four years.





O---------- ~J3 ..- =-= daeucn ..... ..... ..














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

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

3 Chapter, the tepartnent, in coordination with the

4 Districts, shall review existing rules for consistency

5 with the provisions contained herein.

6 (3) District rules adopted after this Chapter takes effect shall
rreiiow f bo -^L~fp^m e, -fcccys^+e4c^ uA% U"
7 be W-.6l cl.
3 (4) At the request of the Department, each District shall ini-

9 tiate rulemaking pursuant to Chapter 120, Florida Statutes,

10 to consider changes the Department determines to be neces-
I sary to assure consistency with this Chapter. The Depart-

S12 ment shall be made a party to the proceeding.

12
14 d with this Chapter, but which take into account differing
f15 J regional water resource characteristics and needs.

Ls (6) A District shall initiate rulemaking to consider impleIsMn-

iT o station of programs pursuant to Sections 373.033, 373.042,
13 O 373.106, Part II, Part II, or Part IV of Chapter 373,

19 Florida Statutes, where the Department or District deter-
0 o mines that present or projected conditions of water short-
- 21 ages, saltwater intrusion, flooding, drainage, or other wa-

22 ter.resource problems, prevent or threaten to prevent the

23 achievement of reasonable-beneficial uses, the protection

24 of fish and wildlife, or the attainment of other water pol-
25 icy directives.

25 (7) The Department and Districts shall assist other governmental
27 entities in the development of plans, ordinances, or other

2S programs to promote consistency with this Chapter and Dis-

9 trict water management plans.

3 (8) Duplication of water quality and quantity ,pcanitting func-




10












1 tions should be eliminated where appropriate through dele-

2 gaticn of Department responsibilities to Districts.

3 (9) The Department and Districts should assist educational in-

4 stitutions in the development of educational curricula and

5 research programs which meet Florida's present and future

Water management needs.

7 Specific Authority: 373.026, 373.043, 403.805, F.S.

3 law bplemented: 373.036, 373.033, 373.042, 373.106,

5 373.114, F.S.

10 History: New.










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19
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14
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PAO PO$1P MC-Nk EITS TO RMc -
Chs5ioCpri AT A ^8T AC/W^


Page 5, insert after (4); (5) In implementing consumptive
use permitting programs, the Department and Districts shall
recognize the rights of property owners to make consumptive
uses of underlying ground water and of adjacent surface water
for reasonable-beneficial purposes consistent with Chapter
373, Florida Statutes.








Page 10, line 30, change (8) to read: Consolidation of water
quality and quantity functions or delegation of Department
responsibilities to Districts should be encouraged to eliminate
duplication of permitting and to enhance the quality of environ-
I mental decision-making.









March 30, 1981 /

MEMORANDUM

TO: DONALD R. FPSTER, Executive Director

FROM MARCIA K. PENMAN, Assistant Interagency Coordinator

RE: State Water Policy

I attended the State Water Policy public hearing on March 27, 1981. The
purpose of the public hearing was to adopt Chapter 17-40, Florida Adminis-
trative Code, which is the State Water Policy; at the hearing,opportunity
was provided for comments on the proposed policy.

The outcome of the hearing was that most of the proposed policy was adopted,
with some amendments (attached). Secretary Tschinkel delayed adoption of
the general policy section, but she adopted the remainder of the policy, to
be effective on July 1, 1981. An additional public hearing will beheld on
June 12, 1981, in order to discuss and adopt the general policy (Section
17-40.03). Mrs. Tschinkel feels that the general policy should be more
forceful and more positive; she will be looking for stronger statements
: regarding water conservation, floodplain management, and a predilection for
more natural approaches to water management.

Significant amendments which were incorporated into the policy at this
meeting include:

a. Section 17-40.01: Addition of a general intent statement
which says that waters of the state should be managed to
conserve and protect natural resources and scenic beauty
and to realize the full beneficial use of the resource;

b. Section 17-40.04: Addition of two criteria to be considered
in evaluating whether a use is a reasonable-beneficial use; and

c. Section 17-40.04: Addition of a statement that, unless not
economically or environmentally feasible, conservation of
water shall be a requirement in those areas where the use
of water is regulated pursuant to Part I, Chapter 373.

These and other amendments have been noted on the attached copy of the policy.
In addition, two amendments were proposed and will be further discussed at the
June 12 public hearing; these are also attached.

MKP:wpl
Attachments
cc: L. M. Blain
Jay Ahern
Ed Curren
John Wehle
Ed Comer
Gary Kuhl
Charlie Miller






S.....- ON






( CHAPTER 17-40

3 WATER PO=CY
4 17-40.01 laration and Intent

Sh ) Chapter 373, Florida Statutes, provides that the State Wa-

o ter Use Plan and the Florida Water Plan will be developed

7 progressively as studies are completed and as Departent

S2a jor District rules and programs are developed.
S 9 ( ) As a part of the State Water Use Plan, the Department may

Provide such information, directions, or objectives for
I' the guidance of the Districts as it deems necessary.

1. ( To this end, this Chapter is intended to clarify water pol-
I icy as expressed in Chapter 373, Florida Statutes, and to
14 otherwise provide guidance to: the Department and Districts

l = in the development of programs, rules, and plans.

o This Chapter does not repeal, amend or otherwise alter any

S 17 rule nw existing cr later adopted by the-pr t or

3 District. However, procedures are included in this ChaO-
S9 tar which provide for the review and modification of Dn part-
20 ment and District rules to assure consistency with the pro-


2 (&) This Chapter shall be a part of the State Water Use Plan

22 and the Florida Water Plan.
14 S It is the intent of the Deparent, in cooperation with

25 ^ < the Water Management Districts, to seek adequate sources
25 of funding to supplement District ad valorem taxes to im-

; 27 element the provisions of this Chapter .
2 =Specific Authority: 373.026(7), 373.043, 403.805, F.S.

"2 Law Inplemoented: 373.036, F.S..

3 3 History: ,ew.













1 17-40.02 Dafiniutions
z2 When appearing in this Chapter, the following words shall mean:

3 (1) "Department" means the Department of Environmental Regula-

4 tion.
2 1 (2) "District" means a Water Management District created pur-
j t 9 1 suant to Chapter 373, Florida Statutes.

7 Specific Authority: 373.026(7), 373.043, 403.805, F.S.
S8 Law miplemented: 373.036, F.S.

: 9 History: New.
10 17-40.03 GeneralCPolicy

I In addition to more specific provisions contained herein, the
S12 following shall provide a basis for DEpartment review of Dis-
13 trict programs, rules and plans:

14 -- (1) An adequate and affordable supply of water should be sought
; - 4 for all reascnable-beneficial uses.
I d'
7 .d including navigation, recreation, and the protection of fish
Sand wildlife, should be reserved.

S19 (3) Uses of water authorized by a permit should be limited to
0 O
^ rare a consideration of such uses. The uses and reuses of

2^ water of the lowest acceptable quality for the purposes in-
o ---
23 .9 t erded should be encouraged.

S_4. (4) The natural aquifer recharge and water storage functions of

2I land should be protected to the greatest degree that is eco-
25 nomically and environmentally feasible. High priority should

S 27 V/) be given to the conservation or acquisition of wetlands and
^I flcodplains.
.9 (5) Measures should be undertaken to 'mitigate adverse impacts

3 resulting fron alteration of water resources where feasible



2












1 and in the public interest.

2 (6) local or regional water supplies should be developed to the

3 maxiumn extent practicable prior to the transport or use of

4 water across District boundaries.

3 (7) Both point and non-point sources of water pollution should

5 be controlled to the maximum degree that is economically

7 and environmentally feasible ald- as provided in Chapters

3 17-3, and 17-6, Florida Administrative Code.

9 (8) Floodplains should be delineated and managed to prevent or

O1 reduce flood damage consistent with water quality cbjec-

LI tives and the other provisions of this Chapter,

12 (9) Facilities which drain/ divert, or otherwise alter the flow

13 of surface waters should be managed to prevent increased

4 flooding or drainage which is harmful to water resources.

15 (10) Minimum water flows and levels should be established to

15 protect water resources and the erihironmental values asso-

17 ciated with coastal, estuarine, freshwater, and wetlands

13 ecology.

19 (11) Both structural and non-structural alternatives should be

S0 given full consideration in water resource project deci-

. 21 sins.

"22 (12) Interstate agreements and cooperative programs with Alabama

22 anrd Georgia should be undertaken to provide for coordinated

24 management of interstate surface and ground waters.

25 Specific Authority: 373.026, 373.043, 403.805, F.S.

25 law i.plomented: 373,036, F.S.

2T History: New.

22 17-40.04 Water Use

29 The following shall apply to those areas where the use of water

20 is regulated pursuant to Part II of Chapter 373, Florida Stat-



d 3
d. 7c r rs
rr~r C .... :_aL fLawr














L uttes:

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

3 unless the applicant establishes that the proposed use is
4 a reasonable-beneficial use, will not interfere with pre-

3 sently existing legal uses of water and is consistent with

6 the public interest.
7 (2) In determining whether a water use is a reasonable-bene-

3 ficial use, consideration should be given to any evidence

S9 c presented concerning the following factors:

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

1 (b) The demonstrated need for the use;

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

13 a (d) The purpose and value of the use;

14 (e) The extent and amount of harm caused;

15 4 (f) The practicality of mitigating any harm by adjusting

15 the quantity or method of use;

17 o (g) Whether the impact of the withdrawal extends to land

13 r not owned or legally controlled by the user;

19 (h) The methd and efficiency of use;
S20 (i) Water conservation measures taken or available to be

21 taken;

f2 (j) The practicality of reuse, or the use of waters of
23 more suitable quality;

S24 (k) The present and projected demand for the source of

2 5 water;

ZS (1) The long term yield available from the source of water;.

27 (m) The extent of water quality degradation caused;

23 (n) Whether the proposed use would cause or contribute

2- to flocd damage; -and-

3 ( Other relevant factors.




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(L\) 5eCUe0 on OT & a t< SkO(J(I be <^ rquirc/m e+t
cnloss R -o .ono,iclI er en ouro ,rAeld -(C oiI ..


^ (3) Water shall be reserved frcm permit use in such locations

2 and quantities, and fr such seasons of the year, as in

3 the judgment of the Department or District may be re-

4 quired for the protection of fish and wildlife or the

"3 public health or safety.

6 Specific Authority: 373.026, 373.043, 403.805, F.S.
7 law Implementd: 373.036, Part II, 373, F.S.

3 history: New.

9 17-40.05 Water Transport

10 The following o__aqteg shall, apply to the transfers of water where

11 such transfers are regulated pursuant to Part II of Chapter 373,

!2 Florida Statutes:

13 (1) The transport or use of water across District boundaries

14 shall require approval of each involved District.

15 (2) In deciding whether the transport and use of water across

L5 District boundaries is consistent with the public interest

17 pursuant to Section 373.223, Florida Statutes, the Dis-

13 tricts should consider the extent to which:

L9 d (a) Compnrehensive water conservation and reuse programs

20 are implemented and enforced in the area of need.

21 (b) The major costs, benefits, and environmental impacts
d have baen
22 .f Lte I rarui et.p ut adequately determined ijse-iursg

23 theipnra c. -e-n-th the supplying and receiving areas;

24 (c) The transport is an environmentally and economically

25 acceptable'method to supply water for the given pur-

2 5 pose;
27 (d) The water needs of the supplying area are reasonably
23 determined and can be satisfied if the transport takes

2- place;

23 (e) The transport plan incorporates a regional approach




5














1 to water supply and distribution including, where ap-
2 appropriate, plans for eventual interconnection of wa-

3 ter supply sources; and

4 (f) The transport is otherwise consistent with the

2 public interest based upon evidence presented.
6 .Specific Authority: 373.026, 373.043, 403.805, F.S.
7 Law 3iplemented: 373.036, Part II, 373, F.S.

3 History: New.

9 17-40.06 Water Quality

10 (1) Water quality standards shall be enforced pursuant to Chap-
11 ter 403, Florida Statutes, to protect waters of the State

12 3 fro point and non-point sources of pollution.
13 0 (2) State water quality standards adopted by Department rule
14 r- shall be a part of the Florida Water Plan.

^i j Specific Authority: 403.061, 373.026, 373.043, 403.805, F.S.

4m aw Iaplementad: 373.036, 373.039, 403.021, F.S.
17 History: New.

!a 17-40.07 Surface Water Management
19 The following shall apply to the regulation of surface waters
S0 pursuant to Part IV Chapter 373, Florida Statutes.

S1 (1) =rirli.. i: R --i-L n ... d r---a'-i t manage or store sur-

22 face waters, or other facilities which drain, divert, im-

3 pound, discharge into, or otherwise impact waters in tfhe
4 ? State, er the improvements served by such facilities, shall

25 not be harmful to water resources or inconsistent with the

25 objectives of the D part ent or District.
27 c (2) r consideration should be

M 0 given to:
S/ (a) The impact, of the facilities an:

20 I(i) recreation,



S.I J ^ .escu r.s
\\^:^^^ 3 At ^











L (ii) navigation,

2 (iii) water quality,

S(iv ) fish and wildlife,

4 (v) wetlands, floodplains, and other

3 environmentally sensitive lands,

S(vi) saltwater or pollution intrusion, including

7 any barrier line established pursuant to Sec-

3 tion 373.033, Florida Statutes,

9 (vii) reasonable-beneficial uses of water,

: 0 (viii) minimum flows and levels established pursuant

I1 to Section 373.042, Florida Statutes, and

!2 (ix) other factors relating to the public health,

L3 safety, and welfare;
!4 ' (b) Whether the facilities meet desZign A erforrance

!s tStards e t*Q6& % .

i- S (c) Whether adequate provisions exist for the continued

1T satisfactory operation and maintenance of the facili-
f13 ties;

13 .- (d) The ability of the facilities and related improvements
20 to avoid increased flood damage to offsite property or

2* the public caused by:

22 (i) flodplain development, encroachment or other al-

2. teration,
24 ( ii) retazdance, acceleration or diversion of flowing

25 water,
25 (iii) reduction of natural water storage areas,

27 (iv) facility failure, or

2- (v) other actions adversely impacting offsite water

"2 flows or levels.

3320 Specific Authority: 373.026, 373.043, 403.805, F.S.





~ ~ ~ ~ ~ ~ H ,u,. m,mmu El,=






r *







1 law hplemented: 373.036; Part IV, 373 F.S.

2 History: tew.

3 17-40.08 Miniman Flows and levels

4 (1) In establishing minimum flows and levels pursuant to Sec-

3 tion 373.042, consideration shall be given to the protec-

6 tion of water resources, natural seasonal fluctuations in
7 water flows or levels, and environmental values associated

3 with coastal, estuarine, aquatic, and wetlands ecology, in-

9 cluding:

10 (a) Recreation in and on the water;

11 (b) Fish and wildlife habitats and the

12 passage of fish;
13 (c) Estuarine resources;

14 c (d) Transfer of detrital material;

! (e) Maintenance of freshwater storage a supply;

15 I (f) Aesthetic and scenic attributes;
L7 T (g) Filtration and absorption of nutrients and other
dJ
13 pollutants;

19 o (h) Sediment loads;
"20 i (i) Water quality; and

S21 (j) Navigat i n.

22 (2) Mininum flows and levels nm r-'i lSl shall be a
23 crnsideration whee re levant to:

24 (a) The construction and operation of water resource

25 projects,.
25 (b) The issuance of permits pursuant to Part II, Part

7 v17, and Section 373.086, Florida Statutes.

23. (c) The declaration of a water shortage pursuant to Sec-

2- tion 373.175 or Section 373.246, Florida Statutes.
3 Specific Authori-ty: 373.026, 373.043, 403.805, F.S.





8
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