Title: Rules of Department of Environmental Regulation
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051086/00001
 Material Information
Title: Rules of Department of Environmental Regulation
Alternate Title: Rules of Department of Environmental Regulation, Chapter 17-40, Water Policy.
Physical Description: 11p.
Language: English
Publication Date: March 23, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 76
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051086
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

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

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

3 Chapter, the Department, in coordination with the

4 Districts, shall review existing rules for consistency

5 with the provisions contained herein.

S(3) District rules adopted after this Chapter takes effect shall
Oc.c-be ew te iep-^^w^ f ^ .
7 be %..&tnt 3'h th_ _ulC c ^y ,^ M, d

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-

11 sary to assure consistency with this Chapter. The Depart-

12 ment shall be made a party to the proceeding.

13 (5) District water policies may be adopted which are consistent

14 with this Chapter, but which take into account differing

15 regional water resource characteristics and needs.

15 (6) A District shall initiate rulemaking to consider implemen-

17 station of programs pursuant to Sections 373.033, 373.042,

1 373.106, Part II, Part III, or Part IV of Chapter 373,
19 Florida Statutes, where the Department or District deter-

20 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.

26 (7) The Department and Districts shall assist other governmental

27 entities in the development of plans, ordinances, or other

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

29 trict water management plans.

3 0 (8) Duplication of water quality and quantity permitting func-

-- ." ..-r: r,-- s "e s f -- --< ....

1 tions should be eliminated where appropriate through dele-

2 gation 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

5 water management needs.

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

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

9 373.114, F.S.

LO History: New.












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2 CHAPTER 17-40


4 17-40.01 Declaration and Intent

5 (1) Chapter 373, Florida Statutes, provides that the State Wa-

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

7 progressively as studies are completed and as Department

3 or District rules and programs are developed.

9 (2) As a part of the State Water Use Plan, the Departnent may

la provide such information, directions, or objectives for

11 the guidance of the Districts as it deems necessary.

12 (3) To this end, this Chapter is intended to clarify water pol-

13 icy as expressed in Chapter 373, Florida Statutes, and to

14 otherwise provide guidance to the Department and Districts

15 in the development of programs, rules, and plans.

^i (4) This Chapter does not repeal, amend or otherwise alter any

17 rule now existing or later adopted by the Department or

13 District. However, procedures are included in this Chap-

19 ter which provide for the review and modification of Depart-

20 ment and District rules to assure consistency with the pro-

21 visions of this Chapter.

22 (5) This Chapter shall be a part of the State Water Use Plan

23 and the Florida Water Plan.

24 (6) It is the intent of the Department, in cooperation with

23 the Water Management Districts, to seek adequate sources

26 of funding to supplement District ad valorem taxes to jm-

27 plement the provisions of this Chapter.
23 Specific Authority: 373.026(7), 373.043, 403.805, F.S.

25 law Implemented: 373.036, F.S.

30 History: New.


L1 17-40.02 Dafinitions

2 When appearing in this Chapter, the following words shall mean:

3 (1) "Department" means the D3partment of Environmental Regula-

1 tion.

5 (2) "District" means a Water Management District created pur-

b suant to Chapter 373, Florida Statutes.

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

3 Law Implemented: 373.036, F.S.

9 History: New.

10 17-40.03 General Policy

1- In addition mree 't ..... on V=_aiii Ig i ... Iie

L2 following Ashall provide a basis for Department review of -is

"L3 tiet^rograms, rules and plans:

14 (1) An adequate and affordable supply of water should be sought

r v for all reasonable-beneficial uses.
1 (2) Water necessary to support essential non-withdrawal demands,

*7 0 including navigation, recreation, and the protection of fish
* and wildlife, should be reserved.

19 3 (3) Uses of water authorized by a permit should be limited to
20 \ reasonable-beneficial uses where water conservation methods

21 3 are a consideration of such usesA The uses and reuses of

22 g X water of the lowest acceptable quality for the purposes in-

23 1 < tended should be encouraged LC W k ^^ c^^^ ^ ^e rr
24 ^ (9 The natural aquifer recharge and water storage functions of ; $.

25 land should be protected to the greatest degree that is eco-

25 nomically and environmentally feasible. High priority should

27 be given to the conservation or acquisition of wetlands and

23 floodplains.

29 (7) 4 ) Measures should be undertaken to mitigate adverse impacts
2 0 resulting from alteration of water resources where feasible

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aaa--..^A r Ce _- are da'--- i ns._. -I'_-= exi-s' c Law.

1 and in the public interest.

2 (j Bj local or regional water supplies should be developed to the

3 maximum extent practicable prior to the transport or use of

4 water across District boundaries.

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

5 be controlled to the maximum degree that is economically

7 and environmentally feasible and as provided in Chapters

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

9 (1 fBW Floodplains should be delineated and managed to prevent or

10 reduce flood damage consistent with water quality objec-

U1 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

14 flooding or drainage which is harmful to water resources.

15 QI -C ) Minimum water flows and levels should be established to

15 protect water resources and the environmental values asso-

17 ciated with coastal, estuarine, freshwater, and wetlands

1a ecology.

19 (/j -W Both structural and non-structural alternatives should be

20 given consideration in water resource project deci-

21 sins.

22 (H) W-2) Interstate agreements and cooperative programs with Alabama
23 and 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 Implemented: 373.036, F.S.

27 History: New.

"2S 17-40.04 Water Use

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

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


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

3 unless the applicant establishes that the proposed use is

a reasonable-beneficial use, will not interfere with pre-
5 sently existing legal uses of water and is consistent with

5 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

9 presented concerning the following factors:

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

11 (b) The demonstrated need for the use;

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

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

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

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

15 the quantity or method of use;

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

la not owned or legally controlled by the user;

19 (h) The method and efficiency of use;

20 (i) Water conservation measures taken or available to be

21 taken;

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

23 more suitable quality;

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

25 water;

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

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

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

25 to flocd damage; and r u}^ t^ ^^^d ^o e

33 (P>) Other relevant factors. ^I / fr t"

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s."'i^,~-IPua2?~ -rt~ t=,r; -isleiCnS fr=1n sfX.3~-a^r -3.w,,

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

2 and quantities, and for 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. ^, LF F ^T/ i d / ..V4

SSp e c if ic Au t ho r i ty : 37 3 .0 2 6 3 7 3 .04 3 4 0 3 .80 5 F .S ^ e 6 /e

7 Law Implemented: 373.036, Part II, 373, F.S.

3 History: New.

9 17-40.05 Water Transport

10 The following factors shall apply to the transfers of water where

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

12 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

1 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:

19 (a) Comprehensive water conservation and reuse programs

20 are implemented and enforced in the area of need.

21 (b) The major costs, benefits, and environmental impacts

22 e_ tn spCrt agm adequately determined in,.lud-" g

23 th -impact -en both the supplying and receiving areas;

24 (c) The transport is an environmentally and economically

25 acceptable method to supply water for the given pur-

25 pose;

27 (d) The water needs of the supplying area are reasonably

23 determined and can be satisfied if the transport takes

2- place;

30 (e) The transport plan incorporates a regional approach

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s^t__~Y^^^ ^ ..... ._s -al c--- e -:-s-tL lw.

1 to water supply and distribution including, where ap-

2 propriate, plans for eventual interconnection of wa-

3 ter supply sources; and

4 (f) The transport is otherwise consistent with the

3 public interest based upon evidence presented.

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

7 aw Implemented: 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 from point and non-point sources of pollution.
M13 (2) State water quality standards adopted by nDpartmnent rule

14 shall be a part of the Florida Water Plan.

15 Specific Authority: 403.061, 373.026, 373.043, 403.805, F.S.

15 law Implemented: 373.036, 373.039, 403.021, F.S.

17 History: New.

13 17-40.07 Surface Water Management

19 The following shall apply to the regulation of surface waters

20 pursuant to Part IV, Chapter 373, Florida Statutes.
S21 (1) F--l i c a e..---atd an- c r _g t o manage or store sur-

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

23 pound, discharge into, or otherwise impact waters in the

24 State, r the improvements served by such facilities, shall

25 not be harmful to water resources or inconsistent with the

25 objectives of the Department or District.

27 (2) In implementing 17-40.07(1), FAC, consideration should be

23 given to:

24 (a) The impact of the facilities on:

3 0 (i) recreation,

s e _ d . -_-z e -7? 'l e i' nS --- f. S ^ :" "

i (ii) navigation,

2 (iii) water quality,

3 (iv) fish and wildlife,

4 (v) wetlands, floodplains, and other

Environmentally sensitive lands,

5 (vi) saltwater or pollution intrusion, including

7 any barrier line established pursuant to Sec-

3 tion 373.033, Florida Statutes,

3 (vii) reasonable-beneficial uses of water,

0 (viii) minimun flows and levels established pursuant

11 to Section 373.042, Florida Statutes, and

12 (ix) other factors relating to the public health,

13 safety, and welfare;
App lcble
14 (b) Whether the facilities meetAdesign or performance

15 standards adoptedaya-trmhM a m P-"artmij s

i6 (c) Whether adequate provisions exist for the continued
17 satisfactory operation and maintenance of the facili-

La ties;

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

* the public caused by:
22 (i) floodplain development, encroachment or other al-

- teration,

24 (ii) retardance, acceleration or diversion of flowing

25 water,

2^ (iii) reduction of natural water storage areas,
.7 (iv) facility failure, or

"- (v) other actions adversely impacting offsite water

flows or levels.
30 Specific Authority: 373.026, 373.043, 403.805, F.S.

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

2 History: New.

3 17-40.08 Minimum Flows and Levels

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

5 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 eluding:

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 (d) Transfer of detrital material;

15 (e) Maintenance of freshwater storage and supply;

15 (f) Aesthetic and scenic attributes;

17 (g) Filtration and absorption of nutrients and other

13 pollutants;

19 (h) Sediment loads;

20 (i) Water quality; and

21 ( j) Navigation.

22 (2)A P Minimum flows and levels oo -.cLiae shall be a

23 consideration where relevant to:

24 (a) The construction and operation of water resource

25 projects.

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

27 IV, and Section 373.086, Florida Statutes.

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

2S tion 373.175 or Section 373.246, Florida Statutes.

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


1 law Implemented: 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

6 which is consistent with the provisions of this Chapter and

7 Section 373.036, Florida Statutes. The plan shall identify

3 specific geographical areas where water resource problems

9 have reached critical levels.

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

".I critical problem.

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

L3 resource projects; water resources restoration pro-

14 jects pursuant to Section 403.0615, Florida Statutes;

15 purchase of lands; enforcement of Department or Dis-

15 trict rules; and actions taken by local government

17 pursuant to a Local Government Comprehensive Plan,

13 local ordinance, or zoning regulation.

19 (4) District Plans shall also provide for identifying areas

20 where collection of data, water resource investigations,

21 water resource projects, or the implementation of regula-

22 tory programs are necessary to prevent water resource prob-

23 lems frco reaching critical levels.

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

25 Law Iqplemented: 373.036, 373.033, 373.042, 373.106,

25 373.114, F.S.

17 History: New.

2 17-40.10 Bp.esment- a i-n. i^c^, I{ ; ,c.-O',

2S (1) This Chapter shall be reviewed periodically, but in

30 no case less frequently than once every four years.

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