Title: Memorandum to Governor Graham
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051106/00001
 Material Information
Title: Memorandum to Governor Graham
Alternate Title: Memorandum to Governor Graham relating to the proposed water policy and its relationship to the Governor's Policies and Priorities for 1981-83. with Rules of the DER, Chapter 17-40, Water Policy attached.
Physical Description: 13p.
Language: English
Publication Date: March 17, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 96
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051106
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) In establishing minimum flows and levels pursuant to Sec-

tion 373.042, consideration shall be given to the protec-

tion of water resources, natural seasonal fluctuations in

water flows or levels, and environmental values associated

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


(a) Recreation in and on the water;

(b) Fish and wildlife habitats and the

passage of fish;

(c) Estuarine resources;

(d) Transfer of detrital material;

(e) Maintenance of freshwater storage and supply;

(f) Aesthetic and scenic attributes;

(g) Filtration and absorption of nutrients and other


(h) Sediment loads;

(i) Water quality; and

(j) Navigation.

(2) Established minimum flows and levels shall be a considera-

tion where relevant to:

(a) The construction and operation of water resource


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

IV, and Section 373.086, Florida Statutes.

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

tion 373.175 or Section 373.246, Florida Statutes.

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

Law Implemented: 373.036, 373.042, 373.086, 373.175,

373.246, F.S.

History: New.


17-40.09 District Water Management Plans

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

which is consistent with the provisions of this Chapter and

Section 373.036, Florida Statutes. The plan shall identify

specific geographical areas where water resource problems

have reached critical levels.

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

critical problem.

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

resource projects; water resources restoration pro-

jects pursuant to Section 403.0615, Florida Statutes;

purchase of lands; enforcement of Department or Dis-

trict rules; and actions taken by local government

pursuant to a Local Government Comprehensive Plan,

local ordinance, or zoning regulation.

(4) District Plans shall also provide for identifying areas

where collection of data, water resource investigations,

water resource projects, or the implementation of regula-

tory programs are necessary to prevent water resource prob-

lems from reaching critical levels.

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

\ Law Implemented: 373.036, 373.033, 373.042, 373.106,

373.114, F.S.

History: New.

17-40.10 Review and Application

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

no case less frequently than once every four years.

Revisions, if any, shall be adopted by rule.

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

Chapter, the Department, in coordination with the


Districts, shall review existing rules for consistency

with the provisions contained herein i

(3)/ District rules adopted after this Chapter takes effect shall

be reviewed by the Department for consistency with this


(4) At the request of the Department, each District shall ini-

tiate rulemaking pursuant to Chapter 120, Florida Statutes,

to consider changes the Department determines to be neces-

sary to assure consistency with this Chapter. The Depart-

ment shall be made a party to the proceeding.

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

with this Chapter, but which take into account differing

regional water resource characteristics and needs.

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

tation of programs pursuant to Sections 373.033, 373.042,

373.106, Part II, Part III, or Part IV of Chapter 373,

Florida Statutes, where the Department or District deter-

mines that present or projected conditions of water short-

ages, saltwater intrusion, flooding, drainage, or other wa-

ter resource problems, prevent or threaten to prevent the

achievement of reasonable-beneficial uses, the protection

of fish and wildlife, or the attainment of other water pol-

icy directives.

(7) The Department and Districts shall assist other governmental

entities in the development of plans, ordinances, or other

programs to promote consistency with this Chapter and Dis-

trict water management plans.

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

tions should be eliminated where appropriate through dele-

gation of Department responsibilities to Districts.


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

stitutions in the development of educational curricula and

research programs which meet Florida's present and future

water management needs.

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

Law Implemented: 373.036, 373.033, 373.042, 373.106,

373.114, F.S.

History: New.



"- The Capitol, Tallahassee, Florida 32301
Telephone: 904/488-1234


To: Governor Graham

From: Estus Whitfield, Sr. Governmental Analyst, OPB
Subject: Water Policy
Date: March 17, 1981

The Department of Environmental Regulation proposes to adopt water policy by
rule as Chapter 17-40, F.A.C. The proposed rule is basically a set of broad
policy statements intended to be implemented primarily by water management
districts through incorporation into and administration of district rules and
regulations. The proposed water policy represents a joint DER Water Management
District effort with input from the various interest groups. The proposed rule
has undergone several revisions and is scheduled for a final hearing on March 27.

This rule is to become a part of the State Water Use Plan, which pursuant to
Chapter 373, F.S., is to become a functional element of the State Comprehensive
Plan. This raises questions as to what will be the character and role of the
State Water Use Plan and the State Comprehensive Plan. It behooves us to find
answers to these questions quickly.

The Governor's Policies and Priorities for 1981-83 (pages 36-37) contain the
following policies which are either not represented or not clearly reflected in
the proposed water policy:

O 1) The State shall manage development in floodplains to maintain the hydrologic
characteristics of the areas and to reduce flood hazards.

S2) The State shall maintain, and where practical, restore natural hydrological
patterns and fluctuations in surface and ground water levels.

K 3) The State shall protect ground water supplies and aquifer recharge areas
through land and water management practices, land acquisition, and regulation
of development.

'pl 4) The State shall discourage large expenditures of public funds for flood
control projects where such funds allow increased development in flood
hazard areas.

fr' 5) The State shall encourage onsite retention and other means of mitigating
the flooding and water quality impact of storm runoff.

nf4 6) The State shall discourage the channelization or alteration of natural rivers,
streams, and lakes.

y) 7) The State shall protect the values and functions of wetlands and submerged

More emphasis, I believe, needs to be given to water conservation, floodplain
management, wetlands protection nd non-structural water management. These
(Rev. 7-79)

*i ________ __.. ________ -- --- ________ -- - _____

Merrandum n d
Governor Graham
March 17, 1981
Page Two

areas are critical to future water resources, environmental protection and
energy conservation.

These comments are not meant to be critical of the DER, for they have worked
hard for several months in a very sensitive area and with strong special
interests. -I am also aware that South Florida Water Management District and
Southwest Florida Water Management District have made some noticeable advances
in responsible water management. The St. Johns District has shown interest
in developing an almost totally non-structural plan for Upper St. Johns River
and with a reliable land acquisition funding source will probably be able to
save the St. Johns River.

We are not doing a bad job managing water; but, the water policy with some
improvement offers us an opportunity to do better.

I recommend that more of the direction embodied in the Policies-and Priorities
be incorporated into the proposed water policy and that greater emphasis be
given to water conservation, floodplain management, wetlands protection, and
non-structured water management. Any such amendments would need to be presented
at the March 27 hearing. Should you favor amendments to the proposed rule,
it would be desirable for you to discuss the matter with the Water Management
District Board Chairmen.

In the interest of overall state planning and particularly the State Comprehensive
Plan, the Office of Planning and Budgeting needs to gain a clear understanding
as to how water policy may impact the substance, format, method of preparation,
and schedule for updating other elements of the Comprehensive Plan, and advise
you of any problems.



The following general statement of policy shall provide a basis for
Department review of water management programs, rules, and plans to
assure that such programs, rules and plans, where economically and
environmentally feasible, not contrary to the public interest, and
consistent with Florida law, seek to:

1. Provide for an adequate and affordable supply of water for all
reasonable beneficial uses nalimit uses of water authorized
by a permit to reasonable beneficial uses. ---""-- -
^----- _------------_ <^ fi
2. Reserve from use that water necessary to support$non-withdrawal
demands, including navigation, recreation, and the protection of
fish and wildlife.

3. Promote water conservation as an integral part of water manage-
ment programs, rules, and plans and encourage the use and reuse
^) of water of the lowest acceptable quality for the purpose in-

4. Utilize, preserve, restore, and enhance natural water management
systems and disonuraae the channelization or other alteration of
natural rivers, streams and lakes.

5. Protect the natural water storage and water quality enhancement
y ) functions of wetlands, floodplains, and aquifer recharge areas
Through acquisition, enforcement of laws, and the application of
land and water management practices which provide for compatible
"uses. J

6. 4 eti e adverse impacts resulting from prkor alteration of / g
natural hvydroloqical patterns and fluctuations in surface and
^ground water levels.-

[/7. Establish minimum fiows and levels to protect water resources and
S the environmental values associated with coastal, estuarine,
freshwater, and wetlands ecology.

8. Encourage non-structural solutions to water resource problems and
S give adequate consideration to non-structural alternatives when-
/W. ever structural works are proposed.
9. Manage development in floodplains and other flood hazard areas to
prevent or reduce flood damage consistent with maintenance of the
natural hvdrologic characteristics of such areas.

10. Manage the construction and operation of facilities which dam,
divert, or otherwise alter the flow of surface waters to prevent
increased flooding or drainage.which is harmfuloeo water re-

S /l l. Encourage the development of local or regional water supplies
y r. prior to the transport or use of water across District boun-
daries. Ab if .4
12. Control po t and an-point sources of water pollution to the
greatest/degree feasible as provided in Chapter 17-3, and 17-6,

/ 13. Undertake interstate agreements and cooperative programs with
S .Alabama and Georgia to provide for coordinated management of
surface and ground waters.




17-40.01 Declaration and Intent

(1) :The waters of the state are among its basic resources.

Such waters should be managed to conserve and protect

natural resources and scenic beauty and to realize the

full beneficial use of the resource. Recognizing the

importance of water to the state, the Legislature passed

the Water Resources Act, Chapter 373, Florida Statutes.

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

ter Use Plan and the Florida Water Plan will be developed

progressively as studies are completed and as Department

or District rules and programs are developed.

(3) As a part of the State Water Use Plan, the Department may

provide such information, directions, or objectives for

the guidance of the Districts as it deems necessary.

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

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

otherwise provide guidance to the Department and Districts

in the development of programs, rules, and plans.

(5) This Chapter does not repeal, amend or otherwise alter any

rule now existing or later adopted by the Department or

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

ter which provide for the review and modification of Depart-

ment and District rules to assure consistency with the pro-

visions of this Chapter.

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

and the Florida Water Plan.

(7) 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 im-

plement the provisions of this Chapter.

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

Law Implemented: 373.036, F.S.

History: New.

17-40.02 Definitions

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

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


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

suant to Chapter 373, Florida Statutes.

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

Law Implemented: 373.036, F.S.

History: New.

17-40.03 General Water Policy (Reserved.)

17-40.04 Water Use

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

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


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

unless the applicant establishes that the proposed use is

a reasonable-beneficial use, will not interfere with pre-

sently existing legal uses of water and is consistent with

the public interest.

(2) In determining whether a water use is a reasonable-bene-

ficial use, consideration should be given to any evidence

presented concerning the following factors:

(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 purpose and value of the use;

(e) The extent and amount of 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;

(h) The method and efficiency of use;

(i) Water conservation measures taken or available to be


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

more suitable quality;

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


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

(m) The extent of water quality degradation caused;

(n) Whether the proposed use would cause or contribute

to flood damage; and

(o) Whether the proposed use would significantly in-

C duce salt water intrusion.

S(p) The amount of water which can be withdrawn without

causing harm to the resource.

(q) Other relevant factors.

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

and quantities, and for such seasons of the year, as in

the judgment of the Department or District may be re-

quired for the protection of fish and wildlife or the

public health or safety.

(4) Conservation of water shall be a requirement unless

not economically or environmentally feasible.


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

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

History: New.

17-40.05 Water Transport

The following shall apply to the transfers of water where

such transfers are regulated pursuant to Part II of Chapter

373, Florida Statutes:

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

shall require approval of each involved District.

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

District boundaries is consistent with the public interest

pursuant to Section 373.223, Florida Statutes, the Dis-

tricts should consider the extent to which:

(a) Comprehensive water conservation and reuse programs

are implemented and enforced in the area of need.

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

have been adequately determined including the impact

on both the supplying and receiving areas;

(c) The transport is an environmentally and economically

acceptable method to supply water for the given pur-


(d) The present and projected water needs of the supplying

area are reasonably determined and can be satisfied

even if the transport takes place;

(e) The transport plan incorporates a regional approach

to water supply and distribution including, where ap-

propriate, plans for eventual interconnection of wa-

ter supply sources; and

(f) The transport is otherwise consistent with the

public interest based upon evidence presented.


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

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

History: New.

17-40.06 Water Quality

(1) Water quality standards shall be enforced pursuant to Chap-

ter 403, Florida Statutes, to protect waters of the State

from point and non-point sources of pollution.

(2) State water quality standards adopted by Department rule

shall be a part of the Florida Water Plan.

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

Law Implemented: 373.036, 373.039, 403.021, F.S.

History: New.

17-40.07 Surface Water Management

The following shall apply to the regulation of surface waters

i pursuant to Part IV, Chapter 373, Florida Statutes.

(1) The construction and operation of facilities which manage

or store surface waters, or other facilities which drain,

divert, impound, discharge into, or otherwise impact wa-

ters in the State, and the improvements served by such

facilities, shall not be harmful to water resources or

inconsistent with the objectives of the Department or


(2) In determining the harm to water resources and copsis-

Stency with the objectives of the Department o fDistrict,

Consideration should be given to:

(a) The impact of the facilities on:

(i) recreation,

(ii) navigation,

(iii) water quality,

(iv) fish and wildlife,


(v) wetlands, floodplains, and other

environmentally sensitive lands,

(vi) saltwater or pollution intrusion, including

any barrier line established pursuant to Sec-

tion 373.033, Florida Statutes,

(vii) reasonable-beneficial uses of water,

(viii) minimum flows and levels established pursuant

to Section 373.042, Florida Statutes, and

(ix) other factors relating to the public health,

safety, and welfare;

(b) Whether the facilities meet applicable design or per-

formance standards.

(c) Whether adequate provisions exist for the continued

satisfactory operation and maintenance of the facili-


(d) The ability of the facilities and related improvements

to avoid increased damage to offsite property or the

public caused by:

(i) floodplain development, encroachment or other al-


(ii) retardance, acceleration or diversion of flowing


(iii) reduction of natural water storage areas,

(iv) facility failure, or

(v) other actions adversely impacting offsite water

flows or levels.

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

Law Implemented: 373.036; Part IV, 373 F.S.

History: New.

17-40.08 Minimum Flows and Levels


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