Title: Rules of the Department of Environmental Regulation
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051119/00001
 Material Information
Title: Rules of the Department of Environmental Regulation
Alternate Title: Rules of the Department of Environmental Regulation Chapter 17-40, Water Policy
Physical Description: 9p.
Language: English
Publication Date: February 12, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 109
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051119
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

of water shortages, saltwater intrusion, flooding,

drainage, or other water 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 policy


(7) The Department and Districts shall assist other

governmental entities in the development of plans,

ordinances, or other programs to assure consistency with

this Chapter and District water management plans.

(8) Duplication of water quality and quantity permitting

functions should be eliminated where appropriate through

delegation of Department responsibilities to Districts.

(9) The Department and Districts should assist State

Universities in the development of educational curricula

and research programs which meet Florida's present and

future water management needs.

Local Government Comprehensive Plan, local ordinance,

or zoning regulation.

(4) Areas or regions where the collection of data, water

resource investigations, water resource projects, or

the implementation of regulatory programs are

necessary to prevent water resource problems from

reaching critical levels shall also be identified.

17-40.10 Implementation

(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.

(3) District rules adopted after this Chapter takes

effect shall be consistent with the provisions contained

herein .

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

initiate rulemaking pursuant to Chapter 120, Florida

Statutes, to consider changes the Department determines

to be necessary to assure consistency with this Chapter.

The Department shall be made a party to the


(5) District water policies may be adopted which are

consistent with this Chapter, but which take into

account differing regional water resource character-

istics and needs.

(6) A District shall initiate rulemaking to consider

implementation of programs pursuant to s. 373.033,

373.042, 373.106, Part II, Part III, or Part IV of

Chapter 373, Florida Statutes, where the Department or

District determines that present or projected conditions

protection of water resources and the environmental

values associated with coastal, estuarine, aquatic, and

wetlands ecology, including:

(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;

(j) Navigation; and

(k) Other environmental values.

(2) Minimum flows and levels, once established, shall be a

consideration where relevant to:

(a) The construction and operation of Water Resource


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

IV, and s. 373.086 of Chapter 373, Florida Statutes.

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 which

identifies 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

projects pursuant to s. 403.0615; purchase of lands;

enforcement of Department or District rules; and

actions taken by local government pursuant to a

(a) Te impact of the facilities on:

(i) recreation,

(ii) navigation,

(iii) water quality,

(iv) fish and wildlife protection,

(v) wetlands, floodplains, and other

environmentally sensitive lands,

(vi) saltwater or pollution intrusion, including

any barrier line established pursuant to s.


(vii) reasonable-beneficial uses of water,

(viii) minimum flows and levels established pursuant

to s. 373.042, and

(ix) other factors relating to the public health,

safety, and welfare;

(b) The ability of the facilities to meet established

standards and criteria;

(c) Whether adequate provisions exist for the continued

operation and maintenance of the facilities;

(d) The ability of the facilities and related

improvements to avoid increasing flood damage to

offsite property or the public through:

(i) floodplain development, encroachment or other


(ii) retardance, acceleration or diversion of

flowing water,

(iii) reduction of natural water storage areas,

(iv) facility failure, or

(v) other actions adversely impacting offsite water

flows or levels.

17-40.08 Minimum Flows and levels

(1) When minimum flows and levels are established pursuant to

s. 372.042, consideration shall be given to the


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

are adequately determined for both the supplying and

the receiving areas;

(c) The transport is an environmentally and economically

acceptable method to supply water for the given


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

area are reasonably determined and can be met if the

transport takes place;

(e) The transport plan incorporates a regional approach

to water supply and distribution including, where

appropriate, plans for eventual interconnection of

water supply sources; and

(f) The transport is otherwise consistent with the

public interest based upon evidence presented to the


17-40.06 Water Quality

(1) Water quality standards shall be enforced pursuant to

Chapter 403, Florida Statutes, to protect waters of

the State from point and non-point sources of pollution.

(2) State water quality standards adopted pursuant to Chapter

120, Florida Statutes, shall be a part of the Florida

Water Plan.

17-40.07 Surface Water Management

The following shall apply to the regulation of surface waters

pursuant to Part IV of Chapter 373, Florida Statutes.

(1) The construction and operation of facilities designed to

manage or store surface waters, or of other facilities

which drain, divert, impound, discharge into, or otherwise

impact waters in the State, or the improvements served

thereby, shall not be harmful to water resources or

inconsistent with the objectives of the Department or


(2) In implementing 17-40.07(1), consideration

should be given to:

(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 purpose, 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 projected demand for competing uses;

(1) The safe yield of 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) Other factors impacting water resources,

(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 of each


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 s. 373.223(2), Florida Statutes, the Districts

should consider the extent to which:

(a) Comprehensive water conservation and reuse programs

are implemented and enforced in the area of need.

(9) Facilities which drain divert, or otherwise alter the

flow of surface waters should be managed to prevent

increased flooding or drainage which is harmful to

water resources.

(10) Minimum water flows and levels should be established to

protect water resources and the environmental values

associated with coastal, estuarine, freshwater, and wet-

lands ecology.

(11) Both structural and non-structural alternatives should be

given adequate consideration in water resource project


(12) Interstate agreements and cooperative programs with

Alabama and Georgia should be undertaken to provide for

coordinated management of interstate surface and ground


(13) Duplicative and overlapping regulations should be


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


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

for other than a reasonable-beneficial use.

(2) In determining whether a permit should be granted,

consideration should be given to any evidence presented


(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 social, economic and environmental value of the


(e) The extent and amount of social, economic, and

environmental harm caused;

(2) "District" -,eans a Water Management District created

pursuant to Chapter 373, Florida Statutes.

17-40.03 General Policy

In addition to more specific provisions contained herein,

the following shall provide a basis for LDepartment review

of District rules and plans:

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

sought for all reasonable-beneficial uses.

(2) Water necessary to support essential non-withdrawal

demands, including navigation, recreation, and the

protection of fish and wildlife habitat, should be


(3) Uses of water authorized by a permit should be limited to

reasonable-beneficial uses and water conservation should

be a condition of water use. The use and reuse of water

of the lowest acceptable quality for the purpose intended

should be encouraged.

(4) The natural aquifer recharge and water storage functions

of land should be protected to the greatest degree that

is economically and environmentally feasible. High

priority should be given to the protection of wetlands

and floodplains through regulation or acquisition.

(5) Measures should be undertaken to mitigate adverse

alteration of water resources where feasible and in

the public interest.

(6) local water supplies should be developed to the maximum

extent practicable prior to the transport or use of

water across District boundaries.

(7) Point and non-point sources of water pollution should

be controlled to the maximum degree that is economically

and environmentally feasible.

(8) Floodplains should be delineated and managed to prevent

flood damage.


W O R K S H O P 2/12/81




17-40.01 Declaration and Intent

(1) The Department adopts by reference the policy directives

of the Florida Constitution, Chapter 253, Chapter 373,

and Chapter 403, Florida Statutes, as a sound basis for

the management of Florida's water resources.

(2) The Department has developed the water policy directives

as set forth in this Chapter to further insure the

conservation, protection, and management of the waters in

the State.

(3) The water policy directives set forth in this Chapter are

intended to provide guidance to the Department and Water

Management Districts in the development and implementation

of more detailed, regional-specific policies, rules, and


(4) This rule does not repeal, amend or otherwise alter any

rule now existing or later adopted by the Department or

Water Management Districts.

(5) 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

implement the provisions of this Chapter.

(6) The water policy set forth in this Chapter shall be the

State Water Use Plan and a part of the Florida Water Plan.

17-40.02 Definitions

When appearing in this Chapter, the following words shall


(1) "Department" means the Department of Environmental


University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs