I 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
8 with coastal, estuarine, aquatic, and wetlands ecology, in-
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;
13 (e) Maintenance of freshwater storage and supply;
16 (f) Aesthetic and scenic attributes;
17 (g) Filtration and absorption of nutrients and other
19 (h) Sediment loads;
20 (i) Water quality; and
*21 (j) Navigation.
22 (2) Minimum flows and levels, once established, shall be a
23 consideration where relevant to:
24 (a) The construction and operation of water resource
26 (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-
29 tion 373.175 or Section 373.246, Florida Statutes.
30 Specific Authority: 373.026, 373.043, 403.805, F.S.
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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
3 (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
8 specific geographical areas where water resource problems
9 have reached critical levels,
10 (2) A course of remedial action shall be specified for each
11 critical problem.
12 (3) Measures may include, but are not limited to, water
13 resource projects; water resources restoration pro-
14 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,
18 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 from reaching critical levels.
Z4 Specific Authority: 373.026, 373.043, 403.805, F.S.
25 Law Implemented: 373.036, 373.033, 373.042, 373.106,
26 373.114, F.S.
27 History: New.
23 17-40.10 Implementation
29 (1) This Chapter shall be reviewed periodically, but in
30 no case less frequently than once every four years.
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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.
6 (3) District rules adopted after this Chapter takes effect shall
7 be consistent with the rule.
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.
16 (6) A District shall initiate rulemaking to consider implemen-
17 station of programs pursuant to Sections 373.033, 373.042,
18 373.106, 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-
2! 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
28 programs to promote consistency with this Chapter and Dis-
29 trict water management plans.
30 (8) Duplication of water quality and quantity permitting func-
saa,Pc i- e^s~~~ =-/Te tre depletion s frcn .exls^rc.w
SAft ?AT GU'LTI N
I 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
6 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.
10 History: New.
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DETAILED WRITTEN STATEMENT OF THE F&..TS
AND CIRCUMSTANCES JUSTIFYING THE PROPOSED RULE
The Environmental Reorganization Act of 1975, Chapter 75-22,
Laws of Florida, transferred the responsibility of administering the
Water Resources Act, Chapter 373, Florida Statutes, to the Department
of Environmental Regulation. Section 373.026, Florida Statutes, pro-
vides that the Department is responsible for administration of the
Act at the state level. That section also grants the Department the
authority to exercise general supervisory authority over all water
management districts. Section 373.036, Florida Statutes, requires
the Department to adopt a state water use plan in consultation with
the water management districts and other interested persons and
This rule is the Department's guidance to the water management
districts to assure to the maximum extent possible in accordance
with the differing environmental circumstances in each district,
a consistent and uniform implementation of the Water Resources Act.
It is also adopted to implement Section 373.036, Florida Statutes,
and to establish the relationship between the State Water Use Plan
and the individual water management district plans.
TWIN TOWERS OFFICE BUILDING BOB GRAHAM
2600 BLAIR STONE ROA GOVERNOR
TALLAHASSEE, FLORI 3 ,3
JACOB D. VARN
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
March 3, 1981
Mr. Carroll Webb
Joint Committee on Administrative
Room 120, Holland Building
Tallahassee, Florida 32304
Dear Mr. Webb:
Department of Environmental Regulation's
Proposed Adoption of Chapter 17-40, F.A.C.,
Docket No. 81-4R
Pursuant to Section 120.54(11)(a), Florida Statutes, attached
are the following documents:
1. Proposed Amendments to Chapter 17-40, Florida Administrative
2. A Detailed Written Statement of the Facts and Circumstances
Justifying the Proposed Rule.
3. An Estimate of Economic Impact required by Section 120.54(1),
4. A Statement that the Proposed Rule is No More Restrictive
than Federal Standards.
5. A copy of the Notice as required by Section 120.54(1),
Florida Statutes, to be advertised in the Florida Administrative
Weekly on March 6, 1981.
As indicated in the Notice, a public hearing on the proposed
rule will be held before the Secretary of the Department of Environ-
mental Regulation on March 27, 1981, in Tallahassee, Florida.
original typed on 100% recycled paper