Title: Modifications proposed to Hearing Draft
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 Material Information
Title: Modifications proposed to Hearing Draft
Alternate Title: Modifications proposed to Hearing Draft, Water Policy Rule, Chapter 17-40 Proposed by The Florida Audubon Society
Physical Description: 4p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 85
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051095
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













22. PAGE 8, BETWEEN LNES 21r28, INSERT EW SECTION TITLED 17-40.11, GROLNDWA.TE
AND RENUMER FOLLOWING SECTIONS:


17-40.11 Groundwater


(1) Minimum flows and levels shall be established for potable groundwater
in the manner prescribed by Section 17-40.08 of these rules.


,%J Groundwater shall be protected fro salt intrusion by the maintance of
levels in coastal.aquifers which are sufficent to suppress the movement of
saline waters into the aquifer, and through regulatory measures which
govern excavation of canal, borrow pits, and waterways.


(3) Recharge areas shall be delineated and the function of such areas
protected by regulatory mechanism. South the quantity and quality
of recharge shall be protected.


(4) Discharges to groundwater by point and non-point sources shall be
regulated to prevent the degradation of groundwater quality.


































"()







(, )


















16. PAGE 5,SECTION 17-40.C5, WATER TRANSPORT, AMEND AS FOLLOWS LINE 10:

\
Strike the word '"factors", and Insert the word "requirements".


17.PAGE 5, SECTION 17-40.05, WATER TRANSPORT, AMEND AS FOLLOWS, LINE 27 :


The present and projected needs of the supplying area are reasonably


18. PAGE 6, SECTION 17-40.07, SURFACE WATER MANAGEMENT, AMEND LINE 21 AS FOLLOWS:


(1) The construction and operation of facilities eentwweetdd-eAd-epereed-
to manage or store sur-


19. PAGE 6, SECTION 17-40.07, SURFACE WATER MANAGEMENT, AMEND LINE 25 AS FOLLOWS:



not be harmful to water resources, wildlife habitat, and the maintance of water quality.
wetlands or inconsistent with the


20. PAGE 8, SECTION 17-40.08, MINIM M FLOWS AND LEVELS, AMEND LINES 22 and 23 TO BEAD:


The maintance of minimum flows and levels, once established, shall be a eensedereeeon
requirement where relevant to:


21. PAGE 8, BETWEEN LINES 27-28, INSERT NEW SECTION TITLED 17-40.10 WATER .IESORUCZ PROJECTS
AND RENCMBEB FOLLOWING SECTIONS:



17-40.10 Water Resource Projects
(1) Non-structural alternatives shall be given preferred consideration in water
resource project decisions. Structural alternatives shall be considered
only if it is determined that non-structural measures are not economically y or
environmentally feasable.


(2) When the costs and performance of non-etructural alternatives are
equivalent to or better than the costs and performance of structural measures,
the non-structural alternative shall be chosen.


(3) Water resource Projects of particular benefit to limited segments of the
population shall be financed by those most directly benefited.












(3)
















8. PAGE 3, SECTION 17-40.03, GENERAL POLICY, SUBSECTION (9), AMEND TO READ AS FOLLOWS:


(9) Facilities which drain, divert, or otherwise altar the flow of. surface waters
showed shall be managed to prevent increased flooding or drainage which is harmful
to water resources, wildlife habitat, and the maintance of water quality.



9.PAGE 3, SECTION 17-40.03, GENERAL POLICY, SUBSECTION(10), LINE '15


Change the word "should" to "shall*.



10. PAGE 3, SECTION 17-40.03, GENERAL POLICE? ,SUBSECTION (11), AMEND TO READ AS FOLLOWS:
(NOTE-SUBSTANTIAL REWORDING, REFER TO HEARING DRAFT FOR COMPARISON)



(11) Non-structural alternatives shall be given preferred consideration in water
resource project decisionsStuctural alternatives shall be considered
only if it is determined that non-structural measures are not economically
or environmentally feasable.



11. PAGE44, SECTION 17-40.04, WATER USE, SUBSECTION (2) (d), LINE 13:


After the word"and"insert: "the social, economic, and environmental"


12. PAGE 4, SECTION 17-40.04,WATER USE, ."_ SUBSECTION (2) (e), LINE 14:


\ After the word "of" insert: "social, economic, and environmental"


13. PAGE 4, SECTION17-40.04, WATER USE, SUBSECTION (2) (1), AMEND TO READ AS FOLLOWS:

\o/
The ene-teru safe yield available on both a long and short term basis
from the source of water.


14. PAGE 5, SECTION 17-40.04, WATER USE, BETWEEN LINES 5 AND 6 INSERT NEW SUBSECTION:


i' Conservation of water shall be a requirement of each permit.


15. PAGE 5, SECTION 17-40.04, WATER USE, BETWEEN LINES 5 AND 6 INSERT 4EW SUBSECTION:


K// (5) water uses to support aewddevelopmentA. wetland, floodplain, and flood
/ hazard areas shall not be considered to be reasonable- beneficial uses.






(2)












.MDIFICATIONS PROPOSEDD TO HEARING DRAFT, WATER POLICY RULZ, CHAPTER 17-40, PROPOSED
BY THE FLORIDA AUDUBON SOCIETY


1. PAGE 2, SECTION 17-40.02, DEF:NIT:'NS, BETWEEN LINES 9-10, INSERT:


(3) "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 3.
373.026 (9), Florida Statutes.





2. PAGE 2, SECTION 17-40.03,GETERAL POLICY, SUBSECTION (3), AMEND TO READ AS FOLLOWS:

(3) Uses of water authorized by a permit should be limited to reasonable-beneficial
uses. whe-e-weeg--eenseveatietehdse-e--e-emsadewatee -e-seee-eses.
All economically feasable water conservation measures shall be included as
permit conditions. The uses and reuses of water the lowest acceptable quality
for the purposes intended should be encouraged and required as a ermnit
condition if found to be practical. / ,




3.PAGE 2, SECTION 17-40.03, rGNERAL POLICY, SUBSECTION (4), AMEND TO READ AS FOLLOWS:


(4) The natural aquifer recharge, and water storage, wildlife habitat and
water quality naintance functions of land under the jurisdiction of the
"Department and the Districts skhem d shall be protected to the greatest degree
that is economically and eiwi.ememet&ai.y legally feasable. High priority sheiid
shall be given to the protection of wetlands and floodplains through regulation,
tconservationrand acquisition, e-wetands-aed-iedptatreT s A
SLA-

4.PAGE 2, SECTION 17-40.03r GENERAL POLICY, SUBSECTION (5), LINE 29 :


Change the word "should" to "shall".



5. PAGE 3,SECTION 17-40.03, GENERAL POLICY, SUBSECTION (6), LINE 2:


Change the word "should to "shall".


6. Page 3. SECTION 17-40.03, GENERAL POLICY, SUBSECTION(7) AMEND TO READ AS FOLLOWS:


(7) Both point and non-point sources of water pollution $emd shall be controlled
to the maximum degree that is economically. -pAMirztaMrt^^fW._ and !a lt'-
feasable in all permitting decisions of the Department and the Districts.
and as provided in Chapters 17-3 and 17-6, Florida administrative onde.


7.PAGE 3, SECTION 17-40.03, GEERAIL POLICY, SUBSECTION (8) LINE 9:


Change the word shouldd" to"shall".



(I)






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