March 16, 1981
TO: JOHN WEHLE, Interagency Coordinator
FROM: JAY T. AHERN, Attorney, Legal Departmentq.-
RE: Chapter 17-40 F.A.C. Water Policy
Pursuant to the latest draft forwarded to everyone on the above
captioned matter, enclosed are my comments.
I will refer to the suggested changes by chapter and subsection
reference. Under Chapter 17-40.01 subsection 1 on the fourth
line, strike the words rules-and-pregraims and insert water manage-
ment policies. Under subsection 3 on the fourth line after the
fourth word of, insert water use.
On Page 2 under Chapter 17-40.03 subsection 2 on the last line,
strike the word reserved and insert considered and reserved
where necessary. This change is necessary because as presently
written, it implies that it must be reserved at all times and
does not conform with the statute. Subsection 9 on Page 3 should
be deleted because it is a repeat of subsection 4 above.
On Page 4 under Chapter 17-40.04 subsection 2, strike the last
two words on line two and the first two words in the next line
because it implies that only if evidence is presented must you
consider these factors. I think the Board inherently must con-
sider them under all circumstances in absence of any evidence
being presented by an applicant thereof.
On Page 5 under Chapter 17-40.05 subsection 2 (d) on the second
line after the second word therein, insert the reasonable and
Cn Page 6, Chapter 17-40.07 subsection 1 on the first line after
the word constructive, insert the words altered, maintained.
On Page 7 under subsection 2 (d) on the second line, strike the
"word aved and insert prevent.
On Page 8 under Chapter 17-40.08 subsection 1 on the last line
after the word aquatic, add freshwater.
On Page 9 under Chapter 17-40.09 on the fourth line, strike the
words water-reseu3ee-preblems and insert conditions exist. On
the next lines, strike the words have-reaehed-eritiea3-levels
and replace with the words as to require reduction in uses within
the area to protect water resources from serious harm. Under
subsection 2 of the same chapter reference on the second line,
strike the word e3itieal and add problem area.
The above are my suggested changes to the latest draft of the
water policy. Advise if you have further questions.