Title: Rule 40D
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052735/00001
 Material Information
Title: Rule 40D
Physical Description: 91p.
Language: English
Publication Date: April 27, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052735
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 THE
SOUTHWEST FLORIDA WATER pI)$C Icn
MANAGEMENT DISTRICT


CHAPTER 40D-0 General PAGE

40D-0.001 Description of Organization 12
40D-0.011 Policy and Purpose 14
40D-0.021 Definitions 14
40D-0.061 Basins 16
40D-0.071 Meetings and Workshops 20
40D-0.081 Agendas and Notices 21
40D-0.101 Content of Application 22
40D-0.201 Permit Processing Fee 23
40D-0.381 Limiting Conditions 23

CHAPTER 40D-1 Procedural

40D-1.121 Notice and Hearing Requirements 24
40D-1.181 Declaratory Statements 24
40D-1.371 Reapplying for Permits 25
40D-1. 391 Bonds 25
40D-1.601 Minimum Rates of Flow and Levels 26
40D-1.901 Forms and Instructions 27

CHAPTER 40D-2 Consumptive Use of Water

40D-2.011 Policy and Purpose 28
40D-2.031 Implementation 28
40D-2.041 Permits Required 29
40D-2.051 Exemptions 30
40D-2.101 Content of Application 31
40D-2.111 Notice of Application Form 33
40D-2.121 Notice and Hearing Requirements 34
40D-2.131 Times for Receiving Objections and for Hearing 35
40D-2.201 Permit Processing Fee 35
40D-2.301 Conditions for Issuance of Permits 35
40D-2. 311 Competing Applications 38
40D-2.321 Duration of Permit 38
40D-2.331 Modification of Permits 39
40D-2.341 Revocation of Permits 39
40D-2.361 Renewal of Permits 40
40D-2.381 Limiting Conditions 40
40D-2.401 Identification Tags 41
40D-2. 441 Temporary permits 41
40D-2.501 Permit Classification 42
40D-2.511 Declaration of Water Shortage 43
40D-2.521 Change, Suspension, or Restriction of Permits
During Water Shortage 44





/




PAGE

40D-2.531 Procedures Under Water Shortage 45
40D-2.541 Declaration of Emergency Due to Water Shortage 45
40D-2.801 "Water Use-Caution" Areas 45

CHAPTER 40D-3 Regulation of Wells

40D-3.011 Policy and Purpose 48
40D-3.021 Definitions 49
40D-3.031 Implementation 50
40D-3.041 Permits Required 51
40D-3.051 Exemptions 52
40D-3.091 Registration of Drillers, Contractors, and
Engineering Testing Laboratories 53
40D-3.092 Refusal, Suspension, or Revocation of
Registration and Forfeiture of Bond 55
40D-3.101 Content of Application 56
40D-3.201 Permit Processing Fee 57
40D-3.301 Conditions for Issuance of Permits 57
40D-3.321 Duration of Permit 58
40D-3.341 Revocation of Permits 58
40D-3.411 Completion Report 58
40D-3.451 Emergency Authorization 59
40D-3.461 Inspection 59
40D-3.701 Construction Standards 60

CHAPTER 40D-4 Management and Storage of Surface Waters

40D-4.011 Policy and Purpose 61
40D-4.021 Definitions 61
40D-4.031 Implementation 62
40D-4.041 Permits Required 62
40D-4.051 Exemptions 63
40D-4.101 Content of Application 64
40D-4.111 Notice of Application Form 65
40D-4.121 Notice and Hearing Requirements 66
40D-4.131 Times for Receiving Objections and for Hearing 66
40D-4.201 Permit Processing Fee 66
40D-4.301 Conditions for Issuance of Permits 66
40D-4.331 Modification of Permits 68
40D-4.341 Revocation of Permits 68
40D-4.381 Limiting Conditions 69
40D-4.401 Identification Tags 70
40D-4.411 Completion Report 70
40D-4.451 Emergency Authorization 70
40D-4.461 Inspection 70
40D-4.471 Abatement 71
40D-4.481 Remedial and Emergency Measures 71

CHAPTER 40D-6 Works of the District

40D-6.011 Policy and Purpose 73




2 -






/



PAGE

40D-6. 021 Definitions 74
40D-6.031 Implementation 75
40D-6.041 Permits Required 76
40D-6.051 Exemptions 77
40D-6. 091 Encroachment Lines 77
40D-6.101 Content of Application 78
40D-6.121 Notice and Hearing Requirements 78
40D-6.201 Permit Processing Fee 78
40D-6.301 Conditions for Issuance of Permits 78
40D-6.331 Modification of Permits 79
40D-6.341 Revocation of Permits 80
40D-6.411 Completion Report 80
40D-6.451 Emergency Authorization 80
40D-6.461 Inspection 81
40D-6.481 Remedial and Emergency Measures 81

CHAPTER 40D-8 Water Levels and Rates of Flow

40D-8.011 Policy and Purpose 83
40D-8.021 Definitions 83
40D-8.031 Implementation 84
40D-8.603 Management Levels for Lakes and Other
Impoundments 85
40D-8.605 Cyclic Variations for Minimum Water Level 86
40D-8.611 Minimum Flood Levels 86
40D-8.613 Ten (10) Year Flood Warning Levels 87
40D-8.616 Posted Notice 87
40D-8.621 Operating Levels for Lakes and Other
Impoundments with Structures 88
40D-8.624 Schedule of Levels for Lakes and Other
Impoundments 88
























3 -








TABLE OF TRANSFERRED SECTIONS -- 16J transferred to 40D

A = amended
T = transferred
16J-0.001(1) T To 400-0.001(1)
16J-0.001(2) T To 40D-0.001(2)
16J-0.001(3) T To 40D-0.001(3)
16J-0.001(4) T To 40D-0.001(4)
16J-0.001(5) T To 40D-0.001(5)
16J-0.001(6) T To 40D-0.001(6)
16J-0.001(7) T To 40D-0.001(7)
16J-0.001(8) T To 40D-0.001(8)
16J-0.001(9) T To 40D-1.121(3)
16J-0.001(10) T To 40D-1.181
16J-0.01 T To 40D-0.011
16J-0.02 T To 40D-0.021
16J-0.03 T To 40D-0.061
16J-0.10(1) T To 40D-0.101(1)
16J-0.10(1) T To 40D-0.101(2)
16J-0.10(1) T To 40D-0.101(3)
16J-0.10(1) T To 40D-0.101(4)
16J-0.11(1) T To 40D-0.101(5)
16J-0.11(2) T To 40D-0.101(6)
16J-0.11(3) T To 40D-0.101(7)
16J-0.11(4) T To 40D-0.101(8)
16J-0.111 T To 40D-0.201
16J-0.12 T To 40D-0.381
16J-0.13 T To 40D-1.391
16J-0.14 T To 40D-1.371
16J-0.15 T To 40D-1.601
16J-0.20 T To 400-1.121(1)
16J-0.30(1) T To 40D-1.121(2)
16J-0.30(2) T To 400-0.071(1)
16J-0.30(3) T To 40D-0.081(3)
16J-0.30(4) T To 40D-0.071(4)
16J-0.30(5) T To 40D-0.081(4)
16J-0.30(6) T To 40D-0.081(2)
16J-0.30(7) T To 40D-0.071(2)
16J-0.30(8) T To 40D-0.071(3)
16J-0.30(9) T To 40D-0.071(5)
16J-0.30(10) T To 400-0.081(5)
16J-0.30(11) T To 40D-0.081(1)
16J-0.40 T To 400-1.901
16J-1.001(1) T To 40D-6.011(1)
16J-1.001(2) T To 400-6.011(2)
16J-1.002 T To 40D-6.021
16J-1.003 T To 40D-6.031(1)
16J-1.01(1) T To 40D-6.011(3)
16J-1.01(2) T To 40D-6.011(4)
16J-1.01(3) T To 40D-6.011(5)
16J-1.01(4) T To 40D-6.011(6)
16J-1.01(5) T To 40D-6.011(7)
16J-1.03 T To 40D-6.031(2)
16J-1.051(1) T To 40D-6.041


4 -












16J-1.051(2) A & T To 40D-6.051
16J-1.06(1) T To 40D-6.101(1)
16J-1.06(2) T To 40D-6.101(2)
16J-1.06(3) T To 40D-6.301(1)
16J-1.06(4) T To 40D-6.301(2)
16J-1.06(5) T To 40D-6.301(3)
16J-1.061 T To 40D-6.201
16J-1.07 T To 40D-6.121
16J-1.09 T To 40D-6.461
16J-1.10 T To 40D-6.411
16J-1.11 A & T To 40D-6.331
16J-1.11 T To 40D-6.341
16J-1.13(1) T To 40D-6.481(1)
16J-1.13(2) T To 40D-6.481(2)
16J-1.14 T To 40D-6.451
16J-1.15(1) T To 40D-6.481(3)
16J-1.15(2) T To 40D-6.481(4)
16J-1.15(3) T To 40D-6.481(5)
16J-1.40(1) T To 40D-6.091(1)
16J-1.40(2) T To 40D-6.091(2)
16J-1.41 T To 40D-6.091(3)
16J-2.01 T To 40D-2.011
16J-2.03 T To 40D-2.031
16J-2.04(1) T To 40D-2.041(1)
16J-2.04(2) T To 40D-2.041(2)
16J-2.04(3) T To 40D-2.051
16J-2.04(4) T To 40D-2.041(3)
16J-2.04(5) T To 40D-2.041(4)
16J-2.05 T To 40D-2.401
16J-2.06 T To 40D-2.101
16J-2.07 T To 40D-2.111
16J-2.08 T To 40D-2.121
16J-2.09 T To 40D-2.131
16J-2.10 T To 40D-2.201
16J-2.11(1) T To 40D-2.301(1)
16J-2.11(2) T To 40D-2.301(2)
16J-2.11(3) T To 40D-2.301(3)
16J-2.11(4) T To 40D-2.301(4)
16J-2.11(5) T To 4(0-2.301(5)
16J-2.11(6) T To 40D-2.301(6)
16J-2.11(7) T To 40D-2.301(7)
16J-2.11(8) T To 40D-2.301(8)
16J-2.11(9) T To 40D-2.301(9)
16J-2.11(10) T To 40D-2.301(10)
16J-2.111 T To 40D-2.301(11)
16J-2.112 T To 40D-2.381
16J-2.12 T To 40D-2.311
16J-2.13 T To 40D-2.321
16J-2.14(1) T To 40D-2.331
16J-2.14(2) T To 40D-2.361


5 -












16J-2.15 T To 40D-2.341
16J-2.16 T To 40D-2.501
16J-2.20(1) T To 400D-2.511(1)
16J-2.20(2) T To 40D-2.511(2)
16J-2.21 T To 400-2.511(3)
16J-2.22 T To 40D-2.531
16J-2.23 T To 40D-2.521
16J-2.24 T To 40D-2.541
16J-2.25 T To 40D-2.441
16J-3.01 T To 40D-3.011(1)
16J-3.02 T To 40D-3.021
16J-3.03 T To 40D-3.031
16J-3.04 T To 40D-3.091
16J-3.05 T To 40D-3.092
16J-3.06(1) T To 40D-3.011(2)
16J-3.06(2) T To 40D-3.041(1)
16J-3.06(3) T To 40D-3.041(2)
16J-3.06(4) T To 40D-3.041(3)
16J-3.06(5) T To 40D-3.041(4)
16J-3.07 T To 40D-3.101
16J-3.071 T To 40D-3.201
16J-3.08 T To 40D-3.321
16J-3.09(1) T To 40D-3.411(1)
16J-3.09(2) T To 40D-3.411(2)
16J-3.10 T To 40D-3.041(5)
16J-3.11(1) T To 40D-3.301(1)
16J-3.11(2) T To 40D-3.301(2)
16J-3.11(3) T To 40D-3.301(3)
16J-3.11(4) T To 40D-3.341
16J-3.12 T To 40D-3.451
16J-3.13 T To 40D-3.051
16J-3.14 T To 40D-3.411(3)
16J-3.15 T To 40D-3.461
16J-3.20 T To 40D-3.701
16J-3.30 T To 40D-2.801
16J-4.01 T To 40D-4.011
16J-4.02 T To 4(0-4.021
16J-4.03 T To 40D-4.031
16J-4.04(1) T To 40D-4.041(1)
16J-4.04(2) T To 40D-4.041(2)
16J-4.04(3) T To 4(D-4.041(3)
16J-4.05 T To 40D-4.051
16J-4.06(1) T To 40D-4.101(1)
16J-4.06(2) T To 40D-4.101(2)
16J-4.06(3) T To 40D-4.301(1)
16J-4.06(4) T To 40D-4.301(2)
16J-4.06(5) T To 40D-4.301(3)
16J-4.06(6) T To 40D-4.301(4)
16J-4.06(7) T To 40D-4.381(1)
16J-4.06(8) T To 40D-4.301(5)


6 -













16J-4.061 T To 40D-4.201
16J-4.062 T To 40D-4.401
16J-4.071 T To 40D-4. 111
16J-4.072(1) T To 40D-4.121(1)
16J-4.072(2) T To 40D-4.121(2)
16J-4.073 T To 40D-4.131
16J-4.074 T To 40D-4.121(3)
16J-4.08 T To 40D-4.411
16J-4.09 T To 40D-4.461
16J-4.10(1) T To 40D-4.041(4)(a)
16J-4.10(2) T To 40D-4.041(4)(b)
16J-4.10(3) T To 40D-4.381(3)
16J-4.10(4) T To 40D-4.041(4)(c)
16J-4.11(1) T To 40D-4.381(2)(a)
16J-4.11(2) T To 40D-4.381(2)(b)
16J-4.11(3) T To 40D-4.381(4)
16J-4.13 A & T To 40D-4.331
16J-4.13 T To 40D-4.341
16J-4.14 T To 40D-4.471
16J-4.15(1) T To 40D-4.481(1)
16J-4.15(2) T To 40D-4.481(2)
16J-4.16 T To 40D-4.451
16J-4.17(1) T To 40D-4.481(3)
16J-4.17(2) T To 40D-4.481(4)
16J-4.17(3) T To 40D-4.481(5)
16J-8.01 T To 40D-8.011
16J-8.02 T To 40D-8.021
16J-8.03 T To 40D-8.031
16J-8.67 T To 40D-8.603
16J-8.671 T To 40D-8.605
16J-8.672 T To 40D-8.611
16J-8.6721 T To 40D-8.613
16J-8.673 T To 40D-8.616
16J-8.677 T To 40D-8.621
16J-8.678 T To 40D-8.624















7 -








TABLE OF TRANSFERRED SECTIONS -- 40D transferred from 16J
A = amended
T = transferred

40D-0.001(1) T Fran 16J-0.001(1)
40D-0.001(2) T From 16J-0.001(2)
40D-0.001(3) T From 16J-0.001(3)
40D-0.001(4) T From 16J-0.001(4)
40D-0.001(5) T From 16J-0.001(5)
40D-0.001(6) T Frao 16J-0.001(6)
40D-0.001(7) T From 16J-0.001(7)
40D-0.001(8) T From 16J-0.001(8)
40D-0.011 T Frao 16J-0.01
40D-0.021 T Fran 16J-0.02
40D-0.061 T Fran 16J-0.03
40D-0.071(1) T From 16J-0.30(2)
40D-0.071(2) T Frao 16J-0.30(7)
40D-0.071(3) T From 16J-0.30(8)
40D-0.071(4) T Fram 16J-0.30(4)
40D-0.071(5) T From 16J-0.30(9)
40D-0.081(1) T Frao 16J-0.30(11)
40D-0.081(2) T From 16J-0.30(6)
40D-0.081(3) T Frao 16J-0.30(3)
40D-0.081(4) T Frao 16J-0.30(5)
40D-0.081(5) T Frao 16J-0.30(10)
40D-0.101(1) T Frao 16J-0.10(1)
40D-0.101(2) T From 16J-0.10(1)
40D-0.101(3) T From 16J-0.10(1)
40D-0.101(4) T From 16J-0.10(1)
40D-0.101(5) T Frao 16J-0.11(1)
40D-0.101(6) T Frao 16J-0.11(2)
40D-0.101(7) T From 16J-0.11(3)
40D-0.101(8) T Frao 16J-0.11(4)
40D-0.201 T Frao 16J-0.111
40D-0.381 T Fran 16J-0.12
40D-1.121(1) T From 16J-0.20
40D-1.121(2) T Fran 16J-0.30(1)
40D-1.121(3) T From 16J-0.001(9)
40D-1.181 T Frao 16J-0.001(10)
40D-1.371 T Frao 16J-0.14
40D-1.391 T Fram 16J-0.13
40D-1.601 T From 16J-0.15
40D-1.901 T Fram 16J-0.40
40D-2.011 T From 16J-2.01
40D-2.031 T From 16J-2.03
40D-2.041(1) T From 16J-2.04(1)
40D-2.041(2) T From 16J-2.04(2)
40D-2.041(3) T From 16J-2.04(4)
40D-2.041(4) T From 16J-2.04(5)
40D-2.051 T From 16J-2.04(3)
40D-2.101 T From 16J-2.06
40D-2.111 T Franom 16J-2.07
40D-2.121 T From 16J-2.08
40D-2.131 T From 16J-2.09



8 -













40D-2.201 T From 16J-2.10
40D-2.301(1) T Fran 16J-2.11(1)
40D-2.301(2) T From 16J-2.11(2)
40D-2.301(3) T Fran 16J-2.11(3)
40D-2.301(4) T Fran 16J-2.11(4)
40D-2.301(5) T From 16J-2.11(5)
40D-2.301(6) T Fran 16J-2.11(6)
40D-2.301(7) T From 16J-2.11(7)
40D-2.301(8) T Fran 16J-2.11(8)
40D-2.301(9) T Fran 16J-2.11(9)
40D-2.301(10) T Fran 16J-2.11(10)
40D-2.301(11) T Fran 16J-2.111
40D-2.311 T Fran 16J-2.12
40D-2.321 T From 16J-2.13
40D-2.331 T Fran 16J-2.14(1)
40D-2.341 T From 16J-2.15
40D-2.361 T From 16J-2.14(2)
40D-2.381 T From 16J-2.112
40D-2.401 T Fran 16J-2.05
40D-2.441 T From 16J-2.25
40D-2.501 T Fran 16J-2.16
40D-2.511(1) T From 16J-2.20(1)
40D-2.511(2) T Fran 16J-2.20(2)
40D-2.511(3) T Fran 16J-2.21
40D-2.521 T From 16J-2.23
40D-2.531 T From 16J-2.22
40D-2.541 T Fran 16J-2.24
40D-2.801 T Fran 16J-3.30
40D-3.011(1) T Fran 16J-3.01
40D-3.011(2) T Fran 16J-3.06(1)
40D-3.021 T From 16J-3.02
40D-3.031 T Fran 16J-3.03
40D-3.041(1) T Fran 16J-3.06(2)
40D-3.041(2) T Fran 16J-3.06(3)
40D-3.041(3) T Fran 16J-3.06(4)
40D-3.041(4) T From 16J-3.06(5)
40D-3.041(5) T Fran 16J-3.10
40D-3.051 T Fraom 16J-3.13
40D-3.091 T From 16J-3.04
40D-3.092 T Franom 16J-3.05
40D-3.101 T Franm 16J-3.07
40D-3.201 T From 16J-3.071
40D-3.301(1) T Fraom 16J-3.11(1)
40D-3.301(2) T Franm 16J-3.11(2)
40D-3.301(3) T Fran 16J-3.11(3)
40D-3.321 T From 16J-3.08
40D-3.341 T From 16J-3.11(4)
40D-3.411(1) T From 16J-3.09(1)
40D-3.411(2) T From 16J-3.09(2)
40D-3.411(3) T From 16J-3.14

9 -













40D-3.451 T From 16J-3.12
40D-3.461 T Fran 16J-3.15
40D-3.701 T Frcm 16J-3.20
40D-4.011 T From 16J-4.01
40D-4.021 T Frcm 16J-4.02
40D-4.031 T From 16J-4.03
40D-4.041(1) T Fran 16J-4.04(1)
40D-4.041(2) T From 16J-4.04(2)
40D-4.041(3) T Fran 16J-4.04(3)
40D-4.041(4)(a) T From 16J-4.10(1)
40D-4.041(4)(b) T Frcm 16J-4.10(2)
40D-4.041(4)(c) T Fran 16J-4.10(4)
40D-4.051 T From 16J-4.05
40D-4.101(1) T From 16J-4.06(1)
40D-4.101(2) T Frcm 16J-4.06(2)
40D-4.111 T Fran 16J-4.071
40D-4.121(1) T From 16J-4.072(1)
40D-4.121(2) T From 16J-4.072(2)
40D-4.121(3) T From 16J-4.074
40D-4.131 T Fram 16J-4.073
40D-4.201 T Frcm 16J-4.061
40D-4.301(1) T From 16J-4.06(3)
40D-4.301(2) T From 16J-4.06(4)
40D-4.301(3) T Frcm 16J-4.06(5)
40D-4.301(4) T Fram 16J-4.06(6)
40D-4.301(5) T Fram 16J-4.06(8)
40D-4.331 T Fram 16J-4.13
40D-4.341 A & T From 16J-4.13
40D-4.381(1) T Fram 16J-4.06(7)
40D-4.381(2)(a) T Frcm 16J-4.11(1)
40D-4.381(2)(b) T From 16J-4.11(2)
40D-4.381(3) T From 16J-4.10(3)
40D-4.381(4) T Fram 16J-4.11(3)
40D-4.401 T Frcm 16J-4.062
40D-4.411 T Frcm 16J-4.08
40D-4.451 T From 16J-4.16
40D-4.461 T From 16J-4.09
40D-4.471 T Frcm 16J-4.14
40D-4.481(1) T Fraom 16J-4.15(1)
40D-4.481(2) T From 16J-4.15(2)
40D-4.481(3) T From 16J-4.17(1)
40D-4.481(4) T From 16J-4.17(2)
40D-4.481(5) T Frcm 16J-4.17(3)
40D-6.011(1) T From 16J-1.001(1)
40D-6.011(2) T From 16J-1.001(2)
40D-6.011(3) T From 16J-1.01(1)
40D-6.011(4) T From 16J-1.01(2)
40D-6.011(5) T From 16J-1.01(3)
40D-6.011(6) T Frcm 16J-1.01(4)
40D-6.011(7) T Fram 16J-1.01(5)


10 -













40D-6.021 T Frnm 16J-1. 002
40D-6.031(1) T Fran 16J-1.003
40D-6.031(2) T From 16J-1.03
40D-6.041 T From 16J-1.051(1)
40D-6.051 A & T From 16J-1.051(2)
40D-6.091(1) T From 16J-1.40(1)
40D-6.091(2) T From 16J-1.40(2)
40D-6.091(3) T Fran 16J-1.41
40D-6.101(1) T Fram 16J-1.06(1)
40D-6.101(2) T From 16J-1.06(2)
40D-6.121 T Frcm 16J-1.07
40D-6.201 T From 16J-1.061
40D-6.301(1) T From 16J-1.06(3)
40D-6.301(2) T From 16J-1.06(4)
40D-6.301(3) T Fran 16J-1.06(5)
40D-6.331 A & T From 16J-1.11
40D-6.341 A & T Fran 16J-1.11
40D-6.411 T From 16J-1.10
40D-6.451 T Frca 16J-1.14
40D-6.461 T From 16J-1.09
40D-6.481(1) T Frca 16J-1.13(1)
40D-6.481(2) T Frao 16J-1.13(2)
40D-6.481(3) T From 16J-1.15(1)
40D-6.481(4) T From 16J-1.15(2)
40D-6.481(5) T From 16J-1.15(3)
40D-8.011 T From 16J-8.01
40D-8.021 T Frcm 16J-8.02
40D-8.031 T Fram 16J-8.03
40D-8.603 T Fram 16J-8.67
40D-8.605 T From 16J-8.671
40D-8.611 T Fram 16J-8.672
40D-8.613 T Fran 16J-8.6721
40D-8.616 T From 16J-8.673
40D-8.621 T From 16J-8.677
40D-8.624 T From 16J-8.678

















11 -











RULES
OF THE
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
CHAPTER 40D-0
GENERAL


40D-0.001 Description of Organization
40D-0.011 Policy and Purpose
40D-0. 021 Definitions
40D-0.061 Basins
40D-0.071 Meetings and Workshops
40D-0.081 Agendas and Notices
40D-0.101 Content of Application
40D-0.201 Permit Processing Fee
40D-0.381 Limiting Conditions

40D-0.001 Description of Organization.
(1) The Southwest Florida Water Management District
was created by Chapter 61-691, Laws of Florida, as a public
corporation for carrying out and effectuating the provisions
of Chapter 378, Florida Statutes. Other than as provided in
Chapter 61-691, Laws of Florida, the District operates under
and is governed by provisions of Chapter 373, Florida Statutes.
(2) The District boundaries presently encompass all or
part of sixteen (16) counties as listed below:
Charlotte Manatee
Citrus Marion
DeSoto Orange
Hardee Pasco
Hernando Pinellas
Hillsborough Polk
Lake Sarasota
Levy Sumter

(3) Works of the District are to be constructed,
owned, and maintained and operated by the Governing Board of
the District.
(a) The District has assumed responsibility for planning,
constructing, and operating necessary water management works
in the Peace River Basin wherein the Peace River Valley
Water Conservation and Drainage District had authority prior
to its abolishment.
(b) The District has assumed responsibility as local
sponsoring agent to cooperate with the United States in the
manner provided by Congress for the construction, operation,
and maintenance of the Four River Basins, Florida project.
(4) All of the area of the District has been subdivided
by the Governing Board into watershed basins as described in
Rule 40D-0.061. By resolution the Governing Board may

12 -











change the boundaries of the watershed basins except the
Green Swamp watershed basin to correct inequities or to
create new watershed basins or sub-watershed basins.
(5) The Governing Board of the District controls the
Green Swamp watershed basin. All other watershed basins are
under the control of basin water management boards composed
of one (1) representative from each of the included counties
in the basin who are appointed by the Governor. Watershed
basins, including all or part of two (2) counties only, or
wholly contained in one (1) county, shall have boards of
three (3) members.
(6) The member of the Governing Board representing the
basin or representing the area including the basin shall
serve as ex officio chairman of the basin water management
board. The ex officio chairman shall preside at all meetings
of the basin water management board, except that the vice
chairman may preside in his absence. The ex officio chairman
shall have no official vote except in case of a tie vote
being cast by the members, but shall be the liaison officer
of the District in all affairs in the basin and shall be
kept informed of all such affairs. Each basin board shall
choose the vice chairman and secretary to serve for a period
of one (1) year.
(7)(a) The District maintains a headquarters for all
District and Basin matters at its offices on U.S. 41, seven
(7) miles south of Brooksville, Florida, or by mail to 5060
U.S. Highway 41, South, Brooksville, Florida 33512. The
public may obtain information or make submissions or requests
in person at District headquarters or by mail to the above
address. Telephone service is maintained in the Brooksville
exchange area. Current telephone numbers are listed in the
telephone directories.
(b) Branch offices, temporary field offices and operations
centers are maintained throughout the District for greater
efficiency, especially relating to acquisition, construction,
maintenance, and operation.
(c) The District maintains office hours at its head-
quarters Monday through Friday of each week, except for
officially sanctioned holidays, from 8:00 A.M. until 5:00
P.M.
(8) All forms and instructions used by the District
relating to all procedures other than internal-administrative
and ministerial have been approved by the Governing Board
and are set forth in full in Rule 40D-1.901. The nature and
requirements of all formal and informal procedures are set
forth throughout these Rules in the respective parts.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.169 FS, 76-243, 61-691, Laws of Florida.
History Readopted 10-5-74, Amended 12-31-74, 10-24-76,
7-21-77. Previously numbered 16J-0.001(1)-(8).

13-











40D-0.011 Policy and Purpose. The purpose of these
rules and regulations is to implement the declared water
policy of the Southwest Florida Water Management District
and the State of Florida by effecting the maximum beneficial
utilization, development, and conservation of the water
resources of the District in the best interest of its people
and to prevent the depletion, deterioration, waste, and
unreasonable use of the resources. Pursuant to this purpose,
rules and regulations are hereby established to control and
regulate the waters within the geographical boundaries of '
the District to carry out the intents and purposes of the
Florida Water Resources Act of 1972, as amended.

Specific Authority. 373.044, 373.113, 373.149, 373.171, FS.
Law Implemented 373.016 FS. History Readopted 10-5-74.
Previously numbered 16J-0.01.

40D-0.021 Definitions. The terms set forth herein
shall have the meanings ascribed to them unless the context
clearly indicates otherwise, and such meanings shall apply
throughout these Rules. To facilitate easier reference,
certain terms defined by applicable statute have been included
herein with appropriate citation. Terms which apply to only
one (1) chapter of these Rules are defined in the respective
chapter.
(1) "Act" means the Florida Water Resources Act of
1972, as amended, together with all provisions of Chapter
373, Florida Statutes, relating to Water Management Districts
and any amendments thereto which may be made from time to
time.
(2) "Aquifer" means a hydrologic unit which consists
of a geologic formation, a related group of formations, or
only part of a formation, which is saturated with water and
capable of transmitting usable quantities of water to wells
or springs.
(3) "Board" means the Governing Board.
(4) "Consumptive use" means any use of water which
reduces the supply from which it is withdrawn or diverted.
(5) "District" means the Southwest Florida Water
Management District.
(6) "Domestic use" means any use of water for individual
personal needs or for household purposes such as drinking,
bathing, heating, cooking, or sanitation. Section 373.019(7)
Florida Statutes.
(7) "Executive Director" means the Executive Director
of the District or the person designated by the Board to act
in his absence.
(8) "Governing Board" means the Governing Board of
Southwest Florida Water Management District.
(9) "Impoundment" means any natural or man-made lake,
reservoir, pond, or other containment of water occupying a


14 -











bed or depression in the earth's surface and having a
discernible shoreline.
(10) "Minimum rate of flow" means the limit at which
further withdrawals from a stream or other watercourse would
be significantly harmful to the water resources or ecology
of the area.
(11) "Minimum level" means the level of the water table
or of the potentiometric surface of water in an aquifer or
the level of surface water at which further withdrawals
would be significantly harmful to the water resources of the
area.
(12) "Other watercourse" means any canal, ditch, or
other artificial watercourse in which water usually flows in
a defined bed or channel. It is not essential that the
flowing be uniform or uninterrupted. Section 373.019(13)
Florida Statutes.
(13) "Otherwise control" means any contractual right,
rental agreement, license, or permit from an owner which an
applicant has to exercise authority over certain property,
especially insofar as it relates to the water resources of
the property.
(14) "Person" means any and all persons, natural or
artificial, including any individual, firm, association,
organization, partnership, business trust, corporation,
company, the United States of America, and the State and all
political subdivisions, regions, districts, municipalities,
and public agencies thereof. The enumeration herein is not
intended to be exclusive or exhaustive. Section 373.019(6)
Florida Statutes.
(15) "Reasonable-beneficial use" means the use of water
in such quantity as is necessary for economic and efficient
utilization for a purpose and in a manner which is both
reasonable and consistent with the public interest. Section
373.019(5) Florida Statutes.
(16) "Reservoir" means any artificial or natural holding
area which contains or will contain the water impounded by a
dam. Section 373.403(4) Florida Statutes.
(17) "Stream" means any river, creek, slough, or natural
watercourse.
(18) "Water" or "waters in the District" means any and
all water on or beneath the surface of the ground or in the
atmosphere, including natural or artificial watercourses,
lakes, ponds, or diffused surface water and water percolating,
standing, or flowing beneath the surface of the ground, as
well as all coastal waters within the jurisdiction of the
District.
(19) "Water Regulatory District" means the Southwest
Florida Water Management District (Regulatory) created
October 30, 1968, pursuant to authority of Chapter 373,
Florida Statutes.


15-











Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.019, 373.403, 373.339 FS. History -
Readopted 10-5-74, Amended 12-31-74. Previously numbered
16J-0.02.

40D-0.061 Basins. Pursuant to section 5 of Chapter
61-691, Laws of Florida, the area of the District is divided
into watershed basins to include each major stream and its
tributary streams and all lands draining therein except the
area known as the Green Swamp watershed basin.
(1) The area of the Green Swamp Basin is located in
parts of Lake, Sumter, Pasco, and Polk Counties.
(a) That portion of the Green Swamp Basin lying within
Lake County is described as follows:

[Description portion of paragraph (a)
omitted; available upon request.]

(b) That portion of the Green Swamp Basin lying within
Sumter County is described as follows:

[Description portion of paragraph (b)
omitted; available upon request.]

(c) That portion of the Green Swamp Basin lying within
Pasco County is described as follows:

[Description portion of paragraph (c) omitted;
available upon request.]

(d) That portion of the Green Swamp Basin lying within
Polk County is described as follows:

[Description portion of paragraph (d) omitted;
available upon request.]

(2) The area of the Alafia River Basin is located in
parts of Hillsborough and Polk Counties.
(a) That portion of the Alafia River Basin located in
Hillsborough County is described as follows:

[Description portion of paragraph (a) omitted;
available upon request.]

(b) That portion of the Alafia River Basin located
within Polk County is described as follows:

[Description portion of paragraph (b) omitted;
available upon request.]



16 -











(3) The area of the Crystal-Homosassa River Basin is
located entirely within Citrus County and is described as
follows:

[Description portion of subsection (3) omitted;
available upon request.]

(4) The area of the Hillsborough River Basin is located
in parts of Hillsborough, Polk, Pasco, and Hernando Counties.
(a) That portion of the Hillsborough River Basin
located within Hillsborough County is described as follows:

[Description portion of paragraph (a) omitted;
available upon request.]

(b) That portion of the Hillsborough River Basin
located within Polk County divides into two separate parts.
1. The first part of the portion of the Hillsborough
River Basin located within Polk County is described as
follows:

[Description portion of subparagraph 1. omitted;
available upon request.]

2. The second part of the portion of the Hillsborough
River Basin located within Polk County is described as
follows:

[Description portion of subparagraph 2. omitted;
available upon request.]

(c) That portion of the Hillsborough River Basin
located within Pasco County is described as follows:

[Description portion of paragraph (c) omitted;
available upon request.]

(d) That portion of the Hillsborough River Basin
located within Hernando County is described as follows:

[Description portion of paragraph (d) omitted;
available upon request.]

(5) The area of the Northwest Hillsborough Basin is
located entirely within Hillsborough County and is described
as follows:

[Description portion of subsection (5) omitted;
available upon request.]



17 -










(6) The area of the Manasota Basin is located within
Manatee and Sarasota Counties:
(a) That portion of the Manasota Basin in Manatee
County is described as follows:
[Description portion of paragraph (a) omitted;
available upon request.]

(b) That portion of the Manasota Basin in Sarasota
County contains all of Sarasota County and is described as
follows:

[Description portion of paragraph (b) omitted;
available upon request.]

(7) The area of the Pinellas-Anclote River Basin is
located in parts of Pinellas and Pasco Counties.
(a) That portion of the Pinellas-Anclote River Basin
located within Pinellas County is described as follows:

[Description portion of paragraph (a) omitted;
available upon request.]

(b) That portion of the Pinellas-Anclote River Basin
located within Pasco County is described as follows:

[Description portion of paragraph (b) omitted;
available upon request.]

(8) The area of the Pithlachascotee River Basin is
located in parts of Hernando and Pasco Counties.
(a) That portion of the Pithlachascotee River Basin
located within Hernando County is described as follows:

[Description portion of paragraph (a) omitted;
available upon request.]

(b) That portion of the Pithlachascotee River Basin
located within Pasco County is described as follows:

[Description portion of paragraph (b) omitted;
available upon request.]

(9) The area of the Withlacoochee River Basin is
located in parts of Citrus, Hernando, Levy, Marion, Pasco,
and Sumter Counties.
(a) That portion of the Withlacoochee River Basin
located within Hernando County is described as follows:

[Description portion of paragraph (a) omitted;
available upon request.]


18 -










(b) That portion of the Withlacoochee River Basin
located within Pasco County is described as follows:

[Description portion of paragraph (b) omitted;
available upon request.]

(c) That portion of the Withlacoochee River Basin
located within Sumter County is described as follows:

[Description portion of paragraph (c) omitted;
available upon request.]

(d) That portion of the Withlacoochee River Basin
lying within Marion County is described as follows:

[Description portion of paragraph (d) omitted;
available upon request.]

(e) That portion of the Withlacoochee River Basin
lying within Levy County is described as follows:

[Description portion of paragraph (e) omitted;
available upon request.]

(f) That portion of the Withlacoochee River Basin
located within Citrus County is described as follows:

[Description portion of paragraph (f) omitted;
available upon request.]

(10) The area of the Peace River Basin is located in
parts of Polk, Hardee, Highlands, DeSoto, and Charlotte
Counties.
(a) That portion of the Peace River Basin located
within Polk County is defined as follows:

[Description portion of paragraph (a) omitted;
available upon request.]

(b) That portion of the Peace River Basin located
within Hardee County is described as follows:

[Description portion of paragraph (b) omitted;
available upon request.]

(c) That portion of the Peace River Basin located
within DeSoto County is described as follows:

[Description portion of paragraph (c) omitted;
available upon request.]



19 -











(d) That portion of the Peace River Basin located
within Charlotte County is described as follows:

[Description portion of paragraph (d) omitted;
available upon request.]

(e) That portion of the Peace River Basin located
within Highlands County is described as follows:

[Description portion of paragraph (e) omitted;
available upon request.]

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.0693 FS. 62-691 and 78-65, Laws
of Florida. History Readopted 10-5-74, Amended 9-4-77,
10-16-78. Previously numbered 16J-0.003.

40D-0.071 Meetings and Workshops.
(1) Meetings of the Board will be held on a regular
monthly basis, usually at the District headquarters, or at
such other time, date, and place as announced by the Chairman.
Special meetings will be held on call of the Chairman or at
the request of two (2) Board members.
(2) Regular monthly meetings of the Governing Board
will be held on the first Wednesday of each month at District
headquarters commencing at 9:30 A.M., unless announced to
the contrary at the previous regular monthly meeting.
Regular monthly meetings may be held at other times only
after publishing notice thereof not less than ten (10) days
prior to such meeting. There will be a workshop meeting of
the Board on the day preceding each monthly meeting, unless
announced to the contrary at the previous regular monthly
meeting.
(3) Special meetings of the Governing Board may be
held to consider specifically enumerated matters on call of
the Chairman and upon preparation of an agenda for such
meeting and notification to Board members not less than
seven (7) days in advance of such meeting. Notices of such
meetings shall be given to representatives of the news media
and to such other persons as have requested such notice or
who are directly affected by the subject of such meeting.
Special meetings may be called by the Chairman on less than
seven (7) days notice if the Chairman finds that conditions
warrant such short notice, provided that public notice and
notice to Board members of a minimum of twelve (12) hours
shall be given and that the Board shall ratify the findings
of the Chairman for the short notice.
(4) Meetings of basin water management boards will be
held on a regular basis, as determined by the respective
basin boards, at times, dates, and places set by the respective
ex officio chairman or vice chairman in his absence. Special

20 -










meetings will be held on call of the basin board ex officio
chairman or vice chairman in his absence.
(5) Meetings of all basin boards shall be announced at
the regular monthly meetings of the Governing Board and
shall be scheduled by the Chairmen of the respective basin
boards. Special meetings may be held in the same manner as
prescribed for holding special meetings of the Governing
Board.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.0693, 373.079, FS., 61-691, Laws
of Florida. History Readopted 10-5-74, Amended 12-31-74,
10-24-76. Previously numbered 16J-0.30(2),(7),(8),(4),(9).

40D-0.081 Agendas and Notices.
(1) Agendas shall be prepared by the Executive Director,
after consultation with the Chairmen of the respective
boards, for each meeting, hearing, or workshop, which agendas
shall be prepared at least seven (7) days before the meeting,
and made available for distribution on request of any interested
persons. Such agendas shall contain the items to be considered
in the order of presentation. After an agenda has been made
available, change shall be made only for good cause as
determined by the Chairman of the Board. Any member of the
Governing Board or of a respective basin board may place an
item on an agenda if the request is made to the Executive
Director not less than seven (7) days prior to the meeting.
(2) Any request to place an item on an agenda at a
meeting of the Board or of a basin board shall be submitted
not less than ten (10) days prior to the meeting.
(3) The Board will maintain a current mailing list for
the purpose of mailing board meeting notices to all persons
making such request in writing.
(4) The Board will maintain separate mailing lists for
the respective basin boards for the purpose of mailing basin
board meeting notices to all persons making such request in
writing.
(5) Mailing lists will be maintained by the District
for the purpose of giving notice of all meetings. Separate
lists will be maintained for Governing Board meetings and
for meetings of each of the respective basins. Names will
be placed on such lists upon written request mailed to the
District. Periodically such lists will be purged after
written notice.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.0693, 373.079, FS., 61-691, Laws
of Florida. History Readopted 10-5-74, Amended 12-31-74,
10-24-76. Previously numbered 16J-0.30(11),(6),(3),(5),(10).




21 -










40D-0.101 Content of Application.
(1) The various application for permit forms can be
obtained from the Southwest Florida Water Management District.
(2) Each application form will be given an identifying
number when received by the District.
(3) Any application which has not been completed and
upon which fees or deposits have not been paid within six
(6) months is subject to rejection, provided notice of
proposed rejection is mailed to applicant not less than ten
(10) days prior to such rejection.
(4) The original file containing the application with
accompanying attachments, the order, permit or permit agreement
issued, transcript of the proceedings and all exhibits shall
be maintained in the File of Record at District Headquarters.
Any person may inspect the File of Record at all reasonable
times. Any person seeking to intervene, oppose or appeal
from any Recommended Order or Final Order shall file the
original pleading on the Staff Attorney for placing on File
or Record and a copy on the District's Board Counsel, together
with copies on all other parties of record.
(5) All drawings and sketches submitted with applications
shall be on letter size (8" x 11") paper, or of a size that
can be folded to 8%" x 11", such as 11" x 17" or 17" x 22".
Three copies of the drawing must be provided. If 8%" x 11"
size, one must be of black line type capable of being photo-
copied. If larger than 8" x 11" drawings are used, one
must be the original drawing or a reproducible.
(6) Drawings shall be to scale or properly and adequately
dimensioned. A drawing or sketch shall be identified as to
location or should include a location plan. Cross sections
and elevations shall be included where applicable.
(7) Location plans should locate the points of installation,
construction, withdrawal, discharge or use by referencing to
section lines, roads, or other obvious and permanent landmarks.
(8) The plan and cross section or elevation shall
clearly portray the construction in its relationship to the
channel and/or right-of-way. Certain elevations must be
designated to facilitate processing of the application.
These are: canal bottom elevations, water surface elevation
and ground elevation expressed in mean sea level (msl.).
The elevation of the low member of a bridge span must be
shown. For overhead wire crossings and in the case of water
or gas lines, low member elevation must also be indicated on
the drawing.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.085, 373.106, 373.116, 373.216,
373.229, 373.246, 373.249, 373.413, 373.416 FS. History -
Readopted 10-5-74, Amended 10-24-76. Previously numbered
16J-0.10, 16J-0.11.


22 -











40D-0.201 Permit Processing Fee. A permit processing
fee is required and shall be paid to the District when
certain applications are filed pursuant to these Rules
except when the applicant is a department agency, public
body, body politic, or political subdivision of the State of
Florida. This fee is for the purpose of helping defray the
costs of processing, notices, advertising, and mailing
required in connection with consideration of such applications.
If an application is for a combination of permits under one
or more chapters, payment of only one fee shall be required.
(1) The fee for an application for a permit for consumptive
use of water pursuant to Chapter 40D-2 shall be $10.00
(2) No fee shall be required for an application for a
permit for construction of a well pursuant to Chapter 40D-3
or to Chapter 16CC, Florida Administrative Code.
(3) The fee for an application for a permit for activities
relating to management and storage of surface waters pursuant
to Chapter 40D-4 shall be . .. .. . .. $10.00

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.085, 373.219, 373.339, 373.413,
373.416 FS. History Readopted 10-5-74, Amended 12-31-74,
10-24-76, 7-21-77. Previously numbered 16J-0.111.

40D-0.381 Limiting Conditions.
(1) All permits issued pursuant to these Rules are
contingent upon continued ownership, lease, or other control
of property rights in underlying, overlying, or adjacent
lands, and are covenants running with such lands.
(2) A permit may be assigned to a subsequent owner
subject to all terms and conditions contained in such permit
upon notification in writing to the Board of such assignment,
provided ownership, lease, or other control of all such
lands is conveyed to the assignee and further provided that
the assignee, by accepting such assignment, does assume
responsibility for complying with all such terms and conditions.
The Board may withhold its approval of the permit assignment
if it has been demonstrated to the Board that the assignee
has failed to properly manage another such facility within
the District.
(3) If only a part of such lands is so conveyed, or if
the ownership, lease, or other control is divided, such
permit shall immediately terminate unless the terms of the
permit are modified by the Board.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.085, 373.219, 373.339, 373.413,
373.416 FS. History Readopted 10-5-74. Previously
numbered 16J-0.12.



23 -











RULES
OF THE
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
CHAPTER 40D-1
PROCEDURAL



40D-1.121 Notice and Hearing Requirements
40D-1.181 Declaratory Statements
40D-1.371 Reapplying for Permits
40D-1.391 Bonds
40D-1.601 Minimum Rates of Flow and Levels
40D-1.901 Forms and Instructions

40D-1.121 Notice and Hearing Requirements.
(1) Whenever in these Rules the publication of any
notice, process, or paper is required or provided for,
unless otherwise expressly provided, the publication thereof
in some newspaper or newspapers as defined in Chapter 50,
Florida Statutes, having general circulation within the area
to be affected shall be taken and considered as being sufficient.
(2) Unless otherwise provided herein, all hearings
before the Board required under these Rules shall be conducted
in accordance with the provisions of Chapter 120, Florida
Statutes.
(3) Unless otherwise prescribed by law or in these
Rules, the Executive Director, or any Governing Board member,
with the concurrence of the Chairman of the Governing Board,
shall determine whether each hearing shall be conducted
before the Governing Board, before a member of the Governing
Board, or before a Hearing Officer assigned by the Division
of Administrative Hearings of the Department of Administration
of the State of Florida. If any member of the Board objects
to such determination, the matter will be presented to the
Board for further consideration. All hearings will be
conducted pursuant to Chapter 373, Florida Statutes, and to
these Rules and, in the absence of applicable provisions
herein, pursuant to the provisions of the Administrative
Procedure Act.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.146 FS. History Readopted
10-5-74. Previously numbered 16J-0.20, 16J-0.30(1),
16J-0.001(9).

40D-1.181 Declaratory Statements.
(1) Any person may appear before the Board in person
or by representative to request a declaratory statement as
to the applicability of any statutory provision or of any
rule or order of the agency or may file a written petition
with the District.
24 -










(2) The petition shall set forth the following:
(a) Name of petitioner.
(b) Address of petitioner.
(c) District rule on which declaratory statement is
sought.
(d) Description of how this rule affects or does not
affect petitioner's rights, privileges, and immunities.
(e) Signature of petitioner.
(f) Date signed.
(3) A declaratory statement is a means for determining
the rights of parties when a controversy, or when doubt
concerning the applicability of any rule or order, has
arisen before any wrong has actually been committed.
(4) The Governing Board may at its discretion, or upon
request, hold a hearing to dispose of a petition submitted
pursuant to this section.
(5) A Governing Board order disposing of the petition
shall be rendered at the next regular monthly meeting of the
Governing Board held not less than twenty-one (21) days
after receipt of the petition; provided however, if a hearing
is granted, the Governing Board order disposing of the
petition shall be rendered at the regular monthly meeting of
the Governing Board following the hearing conclusion, if the
meeting was conducted before the Governing Board; otherwise,
the Governing Board order will be rendered at the next
regular monthly meeting of the Governing Board held not less
than fourteen (14) days after the recommended order is
received by the Executive Director for distribution to all
members of the Governing Board.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.169 FS, 76-243, 61-691, Laws of
Florida. History Readopted 10-5-74, Amended 12-31-74,
10-24-76, 7-21-77. Previously numbered 16J-0.001(10).

40D-1.371 Reapplying for Permits. When an application
fkr a permit has been denied, a new application for such
permit shall not be resubmitted within six (6) months of
s ch denial unless the applicant can show substantial change
i conditions or unless the permit applied for is substantially
modified.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.085, 373.219, 373.339, 373.413,
373.416 FS. History Readopted 10-5-74. Previously
numbered 16J-0.14.

40D-1.391 Bonds.
(1) The Board may require the applicant for a permit
to furnish a bond made payable to the District and its
successors, with a reputable bonding corporation authorized
to do business in this State as surety, conditioned upon

25 -











full compliance with the terms of the permit, including the
proper construction, operation, and maintenance of works of
the District existing or planned. The amount of the bond
shall be in such amount as the Board-shall determine to be
adequate.
(2) In the alternative to subsection (1), the Board
may require liability insurance in such amount as the Board
shall determine endorsed in favor of the District or a hold
harmless agreement satisfactory to the Board.
(3) The Board may require that such bond or liability
insurance be maintained as a condition of the continued
validity of the permit.

General Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.085, 373.219, 373,339, 373.413, 373.416 FS.
History Readopted 10-5-74. Previously numbered 16J-0.13.

40D-1.601 Minimum Rates of Flow and Levels.
(1) In establishing minimum rates of flow and levels
and regulatory levels, the Board shall use the best information
and method available and will consider the protection of
existing, as well as future consumptive uses of water so as
to promote the conservation, development, and proper utilization
of water while preventing damage from floods, soil erosion,
and excessive drainage. When deemed appropriate, a schedule
of rates of flow and levels may be established to reflect
seasonal or cyclic variations. The Board will also consider,
and at its discretion may provide for, the protection of
nonconsumptive uses, including navigation, recreation, and
the preservation of natural resources, fish, and wildlife.
(2) Unless otherwise deemed appropriate by the Board,
the minimum rates of flow at a given point on a stream or
other watercourse shall be established by the Board for each
month, January through December. Minimum rates of flow
shall be established as follows: For each month, the five
(5) lowest monthly mean discharges for the preceding twenty
(20) years shall be averaged. Minimum rates of flow shall
be established as seventy percent (70%) of these values for
the four (4) wettest months and ninety percent (90%) of
these values for the remaining eight (8) months. The
determination shall be based on available data, or in the
absence of such data, it shall be established by reasonable
calculations approved by the Board.
(3) Unless otherwise deemed appropriate by the Board,
the minimum levels of water of a given lake or other
impoundment or at a given point on a stream or other watercourse
shall be established by the Board and shall be one foot (1')
below the average of the five (5) lowest water levels in
each calendar year (provided no two (2) levels shall be
taken from the same calendar month) for the preceding ten
(10) years. The determination shall be based on available

26 -










data, or in the absence of such data, it shall be established
by reasonable calculations approved by the Board.
(4) Unless otherwise deemed appropriate by the Board,
the minimum level of the water table at a given point shall
be established by the Board and shall be three feet (3')
below the average of the five (5) lowest levels in each
calendar year (provided no two (2) levels shall be taken
from the same calendar month) for the preceding ten (10)
years. The determination shall be based on available data,
or in the absence of such data, it shall be established by
reasonable calculations approved by the Board.
(5) Unless otherwise deemed appropriate by the Board,
a regulatory level for a confined aquifer at a given point
shall be established generally to limit the rate of movement
of water from the water table at the boundary of the land
owned, leased, or otherwise controlled by an applicant for a
consumptive use permit or at the boundary of an equivalent
area based on the configuration of the cone of depression
caused by the proposed location and operation of the well or
wells.
(a) Such regulatory level shall be determined by
taking the minimum level of the water table plus three feet
(3'), or such other adjustment as deemed appropriate by the
Board, and subtracting the head difference required to pass
the water crop from the water table to the confined aquifer.
Such head difference is the water crop divided by the leakance
coefficient of the confining bed. The water crop, in the
absence of data to the contrary, is 0.0229568 gallons per
day per square foot.
(b) The elevation of the potentiometric surface at
such point shall be measured cumulatively throughout the
production year. At no time shall the cumulative weekly
average elevation be lower than the regulatory level and at
no time shall the weekly average elevations of the
potentiometric surface of the Floridan Aquifer be more than
five feet (5') below the regulatory level.

Specific Authority. 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 373.042, 373.339 FS. History Readopted
10-5-74, Amended 12-31-74. Previously numbered 16J-0.15.

40D-1.901 Forms and Instructions. The following forms
and instructions have been approved by the Governing Board
and may be obtained from District headquarters.

[See existing Rules for copies of the forms]

Note Previously numbered 16J-0.40.





27 -










RULES
OF THE
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
CHAPTER 40D-2
CONSUMPTIVE USE OF WATER


40D-2.011 Policy and Purpose
40D-2.031 Implementation
40D-2.041 Permits Required
40D-2.051 Exemptions
40D-2.101 Content of Application
40D-2.111 Notice of Application Form
40D-2.121 Notice and Hearing Requirements
40D-2.131 Times for Receiving Objections and for Hearing
40D-2.201 Permit Processing Fee
40D-2.301 Conditions for Issuance of Permits
40D-2.311 Competing Applications
40D-2.321 Duration of Permit
40D-2.331 Modification of Permits
40D-2.341 Revocation of Permits
40D-2.361 Renewal of Permits
40D-2.381 Limiting Conditions
40D-2.401 Identification Tags
40D-2.441 Temporary Permits
40D-2.501 Permit Classification
40D-2.511 Declaration of Water Shortage
40D-2.521 Change, Suspension, or Restriction of Permits
During Water Shortage
40D-2.531 Procedures Under Water Shortage
40D-2.541 Declaration of Emergency Due to Water Shortage
40D-2.801 "Water Use-Caution" Areas

40D-2.011 Policy and Purpose. The purpose of Chapter
40D-2 of these rules and regulations is to implement the
declared water policy of the Southwest Florida Water Management
District and the State of Florida relating to the consumptive
uses of water.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.01.

40D-2.031 Implementation.
(1) A program for issuance of permits authorizing the
consumptive use of water was implemented commencing January 1,
1975 within the Hillsborough River, Northwest Hillsborough,
Green Swamp, Alafia River, Crystal-Homosassa River,
Pithlachascotee River, Peace River, Withlacoochee River, and
Pinellas-Anclote River Basins; and permits are required for


28 -










the withdrawal of water:
(a) If the withdrawal during any single day is to
exceed one million (1,000,000) gallons or if the average
annual daily withdrawal is to exceed one hundred thousand
(100,000) gallons average per day on an annual basis.
(b) If the withdrawal is from a well having an inside
diameter of six inches (6") or more.
(c) If the withdrawal equipment or other facility has
a capacity of more than one million (1,000,000) gallons per
day.
(d) If the withdrawal is from a combination of wells
or of other facilities or of both, having a combined capacity
of more than one million (1,000,000) gallons per day.
(2) Such program was also implemented immediately and
applied commencing August 3, 1977, within the areas annexed
into the Peace and Withlacoochee River Basins and within the
Manasota Basin.
(3) Such program shall further be implemented immediately
and shall apply within the area annexed into the District by
Chapter 78-65, Laws of Florida.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219, 373.223,
373.224, 363.226 FS. 78-65, Laws of Florida. History -
Readopted 10-5-74, Amended 9-4-77, 10-16-78. Previously
numbered 16J-2.03.

40D-2.041 Permits Required.
(1) New Uses.
(a) A consumptive use permit must be obtained from the
Board before withdrawal of water shall be commenced for
quantities set forth in Rule 40D-2.031 hereof.
(b) Such permit may be obtained by submitting an
application in writing as provided in these Rules.
(2) Existing Uses.
(a) All uses of water existing within the area described
in subsection (1) of Rule 40D-2.031 prior to January 1, 1975
in the quantities set forth in Rule 40D-2.031, which uses
are not otherwise exempted from regulation by these Rules or
by the provisions of Chapter 373, Florida Statutes, have
been considered to be existing uses and were allowed to be
continued through December 31, 1976 without a consumptive
use permit. Commencing January 1, 1977, such use may only
be continued if a consumptive use permit has been obtained
or if an application for a consumptive use permit has been
made prior to January 1, 1977 and is still pending.
(b) All uses of water existing within the area described
in subsection (2) of Rule 40D-2.031 prior to August 3, 1977
in the quantities set forth in Rule 40D-2.031, which uses
are not otherwise exempted from regulation by these Rules or
by the provisions of Chapter 373, Florida Statutes, will be

29 -










considered to be existing uses and will be allowed to be
continued through August 2, 1979, or until such other time
as may be prescribed by order pursuant to the provisions of
Rule 40D-2.511, without a consumptive use permit, after
which date such use may only be continued if an application
for a consumptive use permit has been made and is still
pending.
(c) All uses of water existing within the area described
in subsection (3) of Rule 40D-2.031 prior to September 6,
1978, in the quantities set forth in Rule 40D-2.031, which
uses are not otherwise exempted from regulation by these
Rules or by the provisions of Chapter 373, Florida Statutes,
will be considered to be existing uses and will be allowed
to be continued through September 5, 1980, or until such
other time as may be prescribed by order pursuant to the
provisions of Rule 40D-2.511, without a consumptive use
permit, after which date such use may only be continued if
an application for a consumptive use permit has been made
and is still pending.
(d) Permits for such continued use shall be issued by
the Board for initial periods as provided in Rule 40D-2.321
and will be issued by the Board if the existing use is a
reasonable-beneficial use and is allowable under the common
law of this State.
(3) All uses of water, whether with or without a
permit, are subject to the provisions of Rule 40D-2.511.
(4) Increased Use.
(a) Increasing the quantity of water used will be
considered to be a new use.
(b) The amount of the new use will be the net difference
between the increased amount used and the amount formerly
used.

Specific Authority. 373.044, 373.133, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219, 373.223,
373.224, 373.226 FS. 76-243, Laws of Florida. History -
Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77,
10-16-78. Previously numbered 16J-2.04(1),(2),(4),(5).

40D-2.051 Exemptions.
(1) No permit shall be required for domestic consumption
of water by individual users, but the Board shall presume,
unless otherwise shown to the contrary, that any use of
water exceeding the quantities set forth in Rule 40D-2.031
is not limited to such domestic consumption and is thereby
not exempt by this provision.
(2) No permit shall be required for any holder of a
permit or permit agreement for consumptive use of water
executed or issued prior to July 1, 1973 by the Board or by
the Board of Southwest Florida Water Management District
(Regulatory) so long as such permit or permit agreement

30-










shall remain in full force and effect, provided the holder
of such permit or permit agreement shall apply for and
obtain a permanent permit tag bearing a use identification
number, which tag shall be displayed as prescribed in Rule
40D-2.401. Nothing herein shall be construed to prevent the
Board from modification or revocation thereof as otherwise
provided for. A well construction permit shall not be
construed to be a consumptive use permit.

Specific Authority. 373.044, 373.133, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219, 373.223,
373.224, 373.226 FS. 76-243, Laws of Florida. History -
Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77,
10-16-78. Previously numbered 16J-2.04(3).

40D-2.101 Content of Application.
(1) Permit application shall be sworn to and dated by
the applicant or his duly authorized agent and shall be
filed with the Board on forms provided by the Board which
shall include:
(a) The name and address of the applicant and of the
owner or owners, if other than applicant.
(b) The maximum amount of water to be withdrawn per
year and during any single day and the maximum amounts to be
consumptively used per year and during any single day.
(c) The source of the water supply (if the water is
from a lake, or impoundment, stream or other watercourse,
the name generally given to the source by the people in the
vicinity; if the water is from an aquifer, this fact shall
be stated on the application).
(d) The use to be made of the water and any limitations
thereon. (Applicant shall describe the nature of the proposed
use, the method of withdrawal or diversion of the water,
including the estimated size of drop or intake pipe, the
size pump, and the size motor.)
(e) The place and area where the water is to be used.
(If for irrigation, describe the acreage to be irrigated,
the method of irrigation to be employed, and the crops to be
irrigated.)
(f) The location of the point of withdrawal or diversion.
(g) An accurate legal description of the land owned,
leased, or otherwise controlled by the applicant, together
with an accurate survey or sketch to scale showing the
boundaries of such property and the location of the point of
withdrawal or diversion. Also show the locations and
descriptions of any other existing wells or other withdrawal
or diversionary facilities on the property.
(2) An Affidavit of Ownership setting forth the names
and mailing addresses of all owners of real property, as
taken from the latest tax rolls, together with the names and
addresses of any new owners not yet placed upon the tax


31 -











rolls but of which applicant has actual knowledge, whose
property is located within the distances prescribed below,
shall be attached to and become a part of the permit
application:
(a) If the permit applied for is to use water to be
withdrawn from a lake or other impoundment, as defined in
Rule 40D-0.021, having a water surface of 80 acres or less,
all riparian owners of lands adjoining such lake or other
impoundment shall be included. If such water surface is in
excess of 80 acres, all riparian owners along the shoreline,
extending for 660 feet in each direction from the points
where the lateral boundaries of applicant's property intersect
the shoreline, shall be included.
(b) If the permit applied for is to use water to be
withdrawn from a stream or other watercourse, as defined in
Rule 40D-0.021, and the withdrawal is for not more than five
million gallons during a single day (5MGD), all riparian
owners of lands within 660 feet upstream and within 1,320
feet downstream from the points where the extreme lateral
boundaries of the applicant's property intersect with the
shoreline, shall be included; if such withdrawal is for more
than five million gallons during a single day (5MGD), all
such owners of lands within 1,320 feet upstream and within
2,640 feet downstream from such points shall be included.
(c) If the permit applied for is to use water to be
withdrawn from a well or combination of wells, all owners of
property within the distances prescribed below as measured
from the well or wells, or at the option of applicant, all
owners of property contiguous with or within the distances
prescribed of the boundaries of applicant's property, shall
be included:

Distance Distance from
Withdrawal amounts from well property boundary

1. If the withdrawal
during any single day is
o exceed 1,000,000 gallons
but not more than 5,000,000
gallons
or
if the withdrawal is to
exceed 100,000 gallons
average per day on
n annual basis but not
sore than 500,000 gallons
average . . 660 feet 100 feet

2. If the withdrawal
during any single day is
to exceed 5,000,000
gallons but not more than
32 -
\











10,000,000 gallons
or
if the withdrawal is to
exceed 500,000 gallons
average per day on an annual
basis but not more than
1,000,000 gallons .1,320 feet 200 feet

3. If the withdrawal
during any single
day is to exceed 10,000,000
gallons
or
if the withdrawal is to
exceed 1,000,000 gallons
average per day on
an annual basis . 2,640 feet 400 feet

(3) The Board may require a supplemental Affidavit of
Ownership to encompass a larger area than specified in
subsection (2).
(4) The Board may require such additional information
as deemed necessary, which shall become part of the application.
(5) Upon specific request of an applicant for a permit
as provided herein, the Board may waive or modify the provisions
of subsection (2) requiring an Affidavit of Ownership and in
lieu thereof, cause notices to be posted in the manner
prescribed in Rule 40D-2.121(4).

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.229 FS. History -
Readopted 10-5-74, Amended 10-24-76. Previously numbered
16J-2.06.

40D-2.111 Notice of Application Form. Upon receipt of
the completed permit application, the Board will prepare a
Notice of Application which shall be substantially the
following form:

Notice of Application for a
Consumptive Use Permit for Water
in County

Southwest Florida Water Management District has received an
Application for a Consumptive Use Permit from (Applicant) ,
(Applicant's Address)
for the consumptive use of water of not more than
gallons of water per day on an average annual basis and not
more than gallons of water during any single
day to be withdrawn from (Source)
located at (Precise Location) in (Municipality, if


33 -










any, and County) as (A new use/an existing use)
for purposes.

Objections may be filed with Southwest Florida Water Management
District on U.S. 41, seven (7) miles south of Brooksville,
Florida 33512, and must be received by the Board not later
than _. A hearing will be held at (Time)
on (Date) at before (Board or hearing
Officer) to consider the application. The application
is on file at the District office and available for inspection.
Alternate no. 1 -- Applications for less than one hundred
thousand (100,000) gallons per day may be considered together
with objections filed thereto without holding a hearing.
Alternate no. 2 -- Applications for one hundred thousand
(100,000) gallons per day or more may be approved, after
proper investigation by the District staff, without a hearing
if no objections are filed to said application; but when
objections are filed to an application a hearing will be
held at (Time) on (Date) before a Hearing Officer
at (Place) Florida.

Specific Authority. 373.044, 373.113, 373.149, 373.149,
373.171, 373.216, 373.249 FS Law Implemented 373.116,
373.229 FS. History Readopted 10-5-74, Amended 10-24-76.
Previously numbered 16J-2.07.

40D-2.121 Notice and Hearing Requirements.
(1) The Board shall cause the Notice of Application to
be published once a week for two (2) consecutive weeks in a
newspaper having general circulation within the affected
area.
(2) The Board shall cause copies of the Notice of
Application to be mailed to all owners of real property set
forth in the Affidavit of Ownership required in Rule 40D-2.101(2).
Such notification shall be sent by certified mail return
receipt requested, posted not later than the first date of
publication.
(3) The Board shall cause copies of such Notice of
Application to be mailed to persons who have filed written
requests within the immediately preceding six (6) months for
notifications of any pending applications affecting the
particular designated area. Such notification shall be sent
by regular mail posted not later than the first date of
publication.
(4) The Board may cause notices to be posted in prominent
locations at or near the locations of withdrawal and if the
withdrawal during any single day is to exceed ten million
(10,000,000) gallons average per day on an annual basis, the
Board shall cause not fewer than two (2) such notices to be
posted not later than the first date of publication of the
Notice of Application. Notices to be posted shall be in


34 -










substantially the following form:

NOTICE
Application has been made to the Southwest Florida
Water Management District for a consumptive use permit
to withdraw water at or near this location and is on
file at the District office. Any objections must be
received not later than
Board of Governors
Southwest Florida Water
Management District
5060 U.S. Highway 41 South
Brooksville, Florida 33512

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS Law Implemented 373.116, 373.229 FS.
History Readopted 10-5-74, Amended 10-24-76. Previously
numbered 16J-2.08.

40D-2.131 Times for Receiving Objections and for
Hearing. The deadline for receiving objections to the
application shall be a day not sooner than fourteen (14)
days after the date of first publication of the Notice of
Application required in Rule 40D-2.121; the date of hearing
shall be a day not sooner than seven (7) days after such
deadline.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.116, 373.229 FS.
History Readopted 10-5-74. Previously numbered 16J-2.09.

40D-2.201 Permit Processing Fee. A permit processing
fee shall be paid to the District at the time a permit
application is filed in the amount prescribed in the schedule
set forth in Rule 40D-0.201.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.109, 373.223 FS.
History Readopted 10-5-74. Previously numbered 16J-2.10.

40D-2.301 Conditions for Issuance of Permits.
(1) The intended consumptive use:
(a) Must be a reasonable, beneficial use.
(b) Must be consistent with the public interest.
(c) Will not interfere with any legal use of water
existing at the time of the application.
(2) Issuance of a permit will be denied if the withdrawal
of water:
(a) Will cause the rate of flow of a stream or other
watercourse to be lowered below the regulatory level established
by the Board.


35 -










(b) Will cause the level of the potentiometric surface
to be lowered below the regulatory level established by the
Board.
(c) Will cause the level of the surface of water to be
lowered below the minimum level established by the Board.
(d) Will significantly induce salt water encroachment.
(e) Will cause the water table to be lowered so that
the lake stages or vegetation will be adversely and signifi-
cantly affected on lands other than those owned, leased, or
otherwise controlled by the applicant.
(3) Issuance of a permit will be denied if the amount
of water consumptively used will exceed the water crop of
lands owned, leased, or otherwise controlled by the applicant.
(Except where determined otherwise, the water crop [precipi-
tation less evapotranspiration] throughout the District will
be assumed to be three hundred sixty-five thousand (365,000)
gallons per year per acre.)
(4) The withdrawal of water:
(a) From a stream or other watercourse must not reduce
the rate of flow by more than five percent (5%) at the time
and point of withdrawal.
(b) Must not cause the level of the potentiometric
surface under lands not owned, leased, or otherwise controlled
by the applicant to be lowered more than five feet (5').
(c) Must not cause the level of the water table under
lands not owned, leased, or otherwise controlled by the
applicant to be lowered more than three feet (3').
(d) Must not cause the level of the surface of water
in any lake or other impoundment to be lowered more than one
foot (1') unless the lake or impoundment is wholly owned,
leased, or otherwise controlled by the applicant.
(e) Must not cause the potentiometric surface to be
lowered below sea level.
(5) The Board for good cause shown may grant exceptions
to the provisions of subsections (2), (3), (4), and (10) of
this rule when after consideration of all data presented,
including economic information, it finds that it is consistent
with the public interest.
(6) The Board may condition the granting of a permit
so as to require:
(a) Notification of the date on which withdrawals are
commenced with such notification to be postmarked no later
than five (5) days after the date of such commencement.
(b) Installation of flow metering or other measuring
devices.
(c) Reports of withdrawals on forms to be provided,
which shall be submitted within the times prescribed.
(d) Installation of observation wells or other monitoring
facilities and may establish regulatory levels.
(e) Future reductions in withdrawals or diversions,
provided the schedule of any such reductions or withdrawals


36-











shall be set forth specifically on the face of the permit.
(7) The Board may reserve water from use by permit in
such locations and quantities, and for such seasons of the
year, as in its judgment may be required for the protection
of fish and wildlife or the public health and safety. Such
reservations shall be subject to periodic review and revision
in the light of changed conditions. However, all legal uses
of water existing January 1, 1975, will be protected so long
as such use is not contrary to the public interest.
(8) In considering applications for permits under this
Rule, the portion of water consumptively used will be determined
based on available data, or in the absence of such data, it
shall be established by reasonable calculations approved by
the Board.
(a) Permits for withdrawal of water from an area
owned, leased, or otherwise controlled by an applicant to be
used on such area to irrigate fruit trees, seed and plant
beds, vegetables, other food crops, and forage crops, including
pasturage, and to irrigate nursery stock, including ornamental
plants, trees and shrubs, will be issued if there is no
surface runoff from the area from such irrigation. If
surface runoff occurs, the amount of the runoff shall be the
primary consideration in determining the amount of consumptive
use.
(b) Permits for water to be applied to plants, trees
and shrubs, and to nursery stock, including ornamental
plants, trees, and shrubs, and fish farming ponds, as a
direct means of frost or freeze protection during time when
temperatures are below or near freezing, will be issued even
though such application may cause temporary surface runoff.
(c) Permits for removing water from fish farming ponds
periodically for the primary purpose of harvesting the fish
or for treating, reconditioning, or restocking such ponds,
and for filling or maintaining such ponds, will be issued
without considering such activity to be a consumptive use of
water.
(d) Water removed during temporary dewatering for
construction of buildings or other foundations and roadways,
or during installation of utility pipelines, cables, culverts
and catch basins, will not be considered to be consumptively
used.
(9) Flow metering devices will not be required to be
installed at applicant's expense when all the water to be
withdrawn will be used for irrigation or for frost or freeze
protection. The Board may supply and install such devices
for the purpose of testing and monitoring methods of applying
water but the cost of such activity shall be born by the
District.
(10) Before a consumptive use permit is issued,
consideration will be given to the lowest quality water
which the applicant has the ability to use. If it is deter-


37 -











mined that the applicant can use lower quality water, that
such water is available, and that the use of such water is
consistent with subsection (1) of this rule, the consumptive
use permit will be issued only for the use of the lower
quality water.
(11) Statement of Policy Relating to Water Crop.
(a) The assumed size of the water crop throughout the
District specified in Rule 40D-2.301(3) is based upon the
best data available. The actual water crop for a specific
area may be significantly larger or smaller than the assumed
amount.
(b) The actual amount of the water crop for a particular
area depends upon rainfall and evapotranspiration rates,
which vary from area to area within the District.
(c) Permit applicants should not deem themselves
entitled as of right to consumptively use up to 365,000
gallons per year per acre of land.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.219, 373.223, 373.229 FS. History -
Readopted 10-5-74, Amended 12-31-74, 2-6-78, 7-5-78.
Previously numbered 16J-2.11, 16J-2.111.

40D-2.311 Competing Applications.
(1) If two (2) or more applications for permits, which
otherwise comply with these rules and regulations and with
any requests and instructions by the Board, are pending for
a quantity of water that is inadequate for both or all, or
which for any other reason are in conflict, the Board shall
have the right to approve or modify the applications in a
manner which best serves the public interest as determined
by the Board.
(2) In the event that two (2) or more competing appli-
cations qualify equally under the provisions of subsection
(1), the Board will give preference to a renewal application
over an initial application.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.233 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.12.

40D-2.321 Duration of Permit.
(1) Unless otherwise provided herein, each consumptive
use permit issued within five (5) years from the date of
implementation as set forth in Rule 40D-2.031, shall terminate
upon the expiration of six (6) years from such date of
issuance or at such earlier date as may be determined by the
Board and set forth on the face of the permit. Consumptive
use permits issued after expiration of five (5) years from
such date of implementation shall terminate upon the expiration
of six (6) years from date of issuance or at such earlier


38 -










date as may be determined by the Board.
(2) Any first renewal permit issued, whether otherwise
modified or not, shall terminate upon the expiration of
twenty (20) year periods or for such lesser periods as may
be determined by the Board and set forth on the face of the
permit.
(3) Any subsequent renewal permits shall be granted
for twenty (20) year periods or for such lesser periods as
may be determined by the Board and set forth on the face of
the permit.
(4) Nothing herein shall preclude or otherwise estop
the Board from terminating, revoking, or temporarily suspending
any permit as authorized in these Rules or as provided on
the face of the permit.
(5) Board may authorize a permit of duration of up to
fifty (50) years in the case of a municipality or other
governmental body or of a public works or public service
corporation where such a period is required to provide for
the retirement of bonds for the construction of waterworks
or waste disposal facilities.
(6) Notwithstanding the provisions of subsection (1),
the Board, for good cause shown may grant an initial permit
for a period of time not to exceed twenty (20) years, where
such period is required to provide for the amortization of
bonds or other indebtedness incurred in connection with long
range capital expenditures.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.236 FS. History -
Readopted 10-5-74, Amended 12-31-74, 10-24-76. Previously
numbered 16J-2.13.

40D-2.331 Modification of Permits. A permitted may
seek modification of any of the terms and conditions of an
unexpired permit. Such modification shall be sought by
filing an application in the same manner and under the same
provisions currently required for initial permit applications.

Specific Authority. 373.044, 373.113, 373.149, 373.171
373.216, 373.249 FS. Law Implemented 373.239 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.14(1).

40D-2.341 Revocation of Permits. The Board may, at
any time after notice and hearing, revoke a permit as follows:
(1) For any material false statement in an application
to continue, initiate, or modify a use, or for any material
false statement of fact required of the user pursuant to the
provisions of this chapter, the Board may permanently or
temporarily revoke the user's permit, in whole or in part.
(2) For willful violation of the conditions of the
permit, the Board may permanently or temporarily revoke the


39-










permit, in whole or in part.
(3) For violation of any provision of this chapter,
tie Board may revoke the permit, in whole or in part, for a
period not to exceed one (1) year.
(4) The Board may revoke a permit, permanently and in
whole, with the written consent of the permitted.

Specific Authority. 373.044, 373.133, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.243 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.15.

40D-2.361 Renewal of Permits. Applications for renewal
of permits issued for more than one (1) year may be made at
any time during the last year of the term of an unexpired
permit and at such other times as the permitted can show
good cause for earlier consideration.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.239 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.14(2).

40D-2.381 Limiting Conditions.
(1) (a) Augmentation. Notwithstanding the provisions
of any consumptive use permit heretofore issued, whenever
the actual level of the water surface of a lake or other
impoundment is above the applicable minimum water level
established and posted for such impoundment pursuant to
Chapter 40D-8, no further ground water withdrawal shall be
made for the purpose of augmenting that impoundment.
(b) Surface water withdrawals. Notwithstanding the
provisions of any consumptive use permit heretofore issued,
whenever the actual level of the water surface of a lake or
other impoundment is at or below the applicable minimum
water level established and posted for such impoundment
pursuant to Chapter 40D-8, no further surface water withdrawal
or other diversion shall be made from that impoundment until
the actual level of the water's surface rises above the
applicable minimum water level posted.
(c) Ground water withdrawals. Notwithstanding the
provisions of any consumptive use permit heretofore issued,
whenever the actual level of the water surface of a lake or
other impoundment is at or below the applicable minimum
writer level established and posted for such impoundment
pursuant to Chapter 40D-8, and it has been demonstrated that
withdrawals from nearby wells create a significant impact
upon surface water levels of said lake or other impoundment,
then withdrawals from such wells may be limited by the Board
so as to minimize such impact.
(2) The Board may grant specific exceptions to subsection
(L) above if, after consideration of all data presented,
including economic information, the Board determines that no


40 -











significant permanent harm to the water resources of the
area would occur.
(3) The limitations set forth in subsection (1) above
apply only to withdrawals of water and consumptive uses for
which permits, under this chapter, are required.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History New 6-7-78. Previously.
numbered 16J-2.112.

40D-2.401 Identification Tags.
(1) When a consumptive use permit is issued, the Board
will issue a permanent tag bearing a use identification
number, which tag shall be prominently displayed at the site
of withdrawal by permanently affixing such tag to the pump,
headgate, valve, or other withdrawal facility. If the
consumptive use permit covers several facilities such as a
well field, a tag will be issued for each facility.
(2) Failure to display a permit tag as prescribed
herein shall constitute a violation of these Rules and may
be grounds for suspension or revocation of the permit. The
permitted shall be allowed ten (10) days after notice to
obtain a replacement tag. Upon failure of the permitted to
display such tag within ten (10) days, the Board may cause
the replacement of such tag and charge the permitted one
hundred dollars ($100) for such service.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219, 373.223,
373.224, 373,226 FS. History Readopted 10-5-74.
Previously numbered 16J-2.05.

40D-2.441 Temporary Permits.
(1) The Board, or the Executive Director, may issue a
temporary permit, authorizing the consumptive use of particular
quantities of water, pending the granting or denial of an
application for consumptive use permit, provided that:
(a) An application for consumptive use permit, meeting
the requirements of subsections (1) and (2) of Rule 40D-2.101,
has been filed and final action on it has not been taken;
(b) It appears to the Board, or the Executive Director,
that the proposed temporary use of water:
1. Is a reasonable beneficial use as defined in
Section 373.019(5), Florida Statutes; and
2. Will not interfere with any presently existing
legal use of water; and
3. Is consistent with the public interest;
(c) It appears to the Board, or the Executive Director,
that such consumptive use of water is necessary prior to
final action on the pending application; and
(d) The applicant acknowledges that issuance of the

41 -










temporary permit does not in any way commit the Board to
ultimately issue the permit requested in the pending application.
(2) All temporary permits issued by the Board, or by
the Executive Director, pursuant to this rule, shall expire
on the day following the next regular meeting of the Board
unless extended at such meeting. At each regular meeting
the Board shall review each such temporary permit and consider
whether it still appears to meet the criteria described in
subsection (1) above. The Board may refuse to extend such
temporary permit further should it appear to the Board that:
(a) Any of such criteria is no longer met; or
(b) Adverse effects are occurring as a result of water
use under the temporary permit; or
(c) The water authorized to be used under such permit
is no longer required by the permit holder.
(3) All temporary permits issued by the Board, or by
the Executive Director, pursuant to this rule, may be summarily
extended by the Board for subsequent periods of time, none
of which shall extend beyond the day following the next
regular meeting of the Board.
(4) The notice and hearing requirements within Section
373.116(2) and Chapter 120, Florida Statutes, are not required
prior to the issuance or extension of temporary permits
under this rule.
(5) No action taken by the Board, or by the Executive
Director, shall estop, or be construed to estop, the Board
from subsequently denying the application for consumptive
use permit.

Specific Authority. 373.044, 373.113, 373.149, 373.171 F.S.
Law Implemented 373.229, 373.244 F.S. History -- New 11-6-79.
Previously numbered 16J-2.25.

40D-2.501 Permit Classification. For the purpose of
developing a water shortage plan, each permit shall be
classified according to source and use.
(1) Each permit shall be given one (1) or more of the
following classifications as to source:
(a) Aquifers
(b) Streams or other watercourses
(c) Lakes or other impoundments
(2) Each permit shall, in addition to a source
classification, be given one (1) or more of the following
classifications as to use:
(a) Attractions Application of water to golf courses,
cemeteries, parks, and public attractions.
(b) Domestic Domestic use includes uses for individual
personal needs or for household purposes such as drinking,
bathing, heating, cooking, or sanitation.
(c) Essential service Essential service use includes
use by fire departments, hospitals, or other emergency


42 -










services.
(d) Industrial Industrial use includes those many
uses wherein the water serves the purposes of manufacturing,
commerce, trade, or industry.
(e) Irrigation Application of water to fruit trees,
crops, pastures, and nursery stock.
(f) Lawns Application of water to lawns and shrubs.
(g) Livestock and other animals Livestock and other
animals use includes uses for domestic and commercial livestock
and other animals including fish farming.
(h) Mining Mining use includes uses wherein the
water is applied for the extraction, transportation, or
processing of minerals.
(i) Perishable food processing Perishable food
processing use includes industrial uses involving the processing
of perishable food.
(j) Power Power use includes use for the production
of electric power.
(k) Recreational Recreational use includes use for
water-oriented recreation, including but not limited to,
fishing, boating, and swimming.
(3) The listing of the classifications above does not
establish any priority ranking between classes.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS. History -
Readopted 10-5-74, Amended 12-31-74. Previously numbered
16J-2.16.

40D-2.511 Declaration of Water Shortage.
(1) The Board by order may declare that a water shortage
exists within all or part of the District when insufficient
water is available to meet the needs of the users or when
conditions are such as to require temporary reduction in
total use within the area to protect water resources from
serious harm.
(2) The Board may impose such restrictions on one (1)
or more users of the water resources as may be necessary to
protect water resources of the area from serious harm.
(3) Upon declaring a water shortage, the Board shall
prepare a Notice of Water Shortage, which shall be substantially
in the following form:

Notice of Water Shortage
and Notice of Hearing
Notice is hereby given that the Governing Board of
Southwest Florida Water Management District did on (Date)
by Order declare that a water shortage exists within that
part of the District described as (Description of area lying within
that part of the District in which water shortage declared).
Such declaration is issued pursuant to Section 373.175,


43 -










Florida Statutes, as amended. Publication of this Notice
shall serve as notice to all users in the area of the condition
of water shortage and that pursuant to law, the Governing
Board may impose such restrictions on one (1) or more users
of the water resources as may be necessary to protect the
water resources of the area from serious harm.
All users of the water resources from this area, including
those persons served by public water systems operated by
(Listing of county and/or municipality water systems
operating in affected area),
together with the users located within the area described,
are urgently requested to reduce consumption of water to the
greatest extent possible.
Notice is further given that the Governing Board of
Southwest Florida Water Management District will hold a
hearing to consider staff reports and other testimony affected
at each of its regular meetings and at any special meetings
called for such purpose so long as a water shortage exists
within the area described. You are further advised that
said Board holds regularly scheduled meetings commencing at
(Time) on the (Specified day) of each
month at its official headquarters on U.S. 41 located approxi-
mately seven (7) miles south of Brooksville at which times
the Governing Board of Southwest Florida Water Management
District will consider the matter of water shortage in the
area and take such actions and impose such restrictions as
may be deemed necessary. The next two (2) regularly scheduled
meetings will be held on (Date) and (Date) .
Every reasonable effort will be made to give notice of any
special meeting to all persons who file written requests for
same with the District.


Southwest Florida Water Management District

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.20, 16J-2.21.

40D-2.521 Change, Suspension, or Restriction of Permits
During Water Shortage. The Board shall notify each permitted
in the District by certified mail of any change in the
condition of his permit or any suspension of his permit or
of any other restriction on his use of water for the duration
of the water shortage. The address used for such mailing
shall be the latest address supplied in writing by permitted
to the Board; otherwise the address stated on the permit
application shall be used.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS. History -
Readopted 10-5-74, Amended 10-24-76. Previously numbered
16J-2.23.
44 -











40D-2.531 Procedures Under Water Shortage. When a
water shortage is declared, the Board shall cause notice
thereof to be published in a prominent place within a newspaper
of general circulation throughout the area. Such notice
shall be published each day for the first week of the shortage
and once a week thereafter until the declaration is rescinded.
Publication of such notice shall serve as notice to all
users in the area of the condition of water shortage.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.22.

40D-2.541 Declaration of Emergency Due to Water Shortage.
If an emergency condition exists due to a water shortage
within any area of the District and the Executive Director,
with the concurrence of the Board, finds that the exercise
of powers under the water shortage plan under Rule 40D-2.511
is not sufficient to protect the public health, safety,
welfare, the health of animals, fish, or aquatic life, a
public water supply, or recreational, commercial, industrial,
agricultural, or other reasonable uses, he may, pursuant to
the provisions of Chapter 120, Florida Statutes, issue
emergency orders reciting the existence of such an emergency
and requiring that such action, including but not limited
to, apportioning, rotation, limiting, or prohibiting the use
of the water resources of the District, be taken as the
Executive Director, with the concurrence of the Governing
Board, deems necessary to meet the emergency.

Specific Authority. 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS. History -
Readopted 10-5-74. Previously numbered 16J-2.24.

40D-2.801 "Water Use-Caution" Areas.
(1) The District may declare and delineate from time
to time, and may modify, "water use-caution" areas within
certain hydrologic areas within the District where it finds
that the use of ground water or surface water, or both,
requires coordination and limited regulation for protection
of both the public interest and the water resources of the
State.
(2) A "water use-caution" area is one where the District
finds that the aggregate uses of water in or affecting said
area:
(a) Have developed or threatened to develop to a
degree which requires coordination and regulation; or
(b) Detrimentally exceed or threaten to exceed, or
otherwise threaten or impair, the renewal or replenishment
of such waters or any part of them.
(3) The Governing Board of the District may declare

45 -










and delineate "water use-caution" areas in accordance
with the following procedures:
(a) Whenever the Governing Board believes the "water
use-caution" situation exists or may be emerging in any area
of the District, it may direct investigations and reports
thereon.
(b) Such reports may include findings and recommendations
as to whether the water use problems of the area involve
surface waters, ground waters, or both; whether effective
measures can be employed to either surface water or ground
water, or both; and whether timely action by any agency or
person may preclude the need for regulation. The report may
also include such other findings and recommendations deemed
appropriate, including recommended boundaries for a "water
use-caution" area that may be proposed.
(c) If the Governing Board finds, following its review
of the report, that a "water use-caution" area is declared,
the declaration shall include a delineation of the boundary
of said hydrologic area, and the District may prepare proposed
orders or regulations commensurate with the degree of control
needed.
(d) If the Governing Board finds that a "water use-caution"
area is not to be declared and that by timely localized
actions it can prevent the need for area-wide regulations,
it may prepare proposed regulations or orders to be applied
in the area.
(4) Following the declaration of a "water use-caution"
area, the Governing Board may prepare proposed orders or
regulations to be applied in said area, containing such of
the following provisions as the Governing Board finds appropriate
concerning the use of surface waters or ground waters, or
both:
(a) Provisions requiring water users who use in excess
of one hundred million (100,000,000) gallons per year within
the area to submit reports not more frequently than at
thirty (30) day intervals concerning quantity of water used
or withdrawn, sources of water, nature of water use, and
eventual disposal of used waters.
(b) With respect to surface waters, ground waters, or
both: Provisions concerning the timing of withdrawals,
provisions to protect against or abate salt water encroachment
or other deterioration of quality; provisions to protect
against or abate unreasonable adverse effects on other water
users within the area and the water resources of the State.
(c) With respect to ground waters: Provisions concerning
well spacing and well construction controls; and provisions
establishing a range of prescribed pumping levels (elevations
below which water may not be pumped) or maximum pumping
rates, or both, in wells or for the aquifer or for any parts
thereof based on the capacities and characteristics of the
aquifers.


46 -










(d) Provisions requiring that no water user shall
withdraw, divert, obtain, or utilize surface waters or
ground waters, or both, as the case may be, in excess of one
hundred million (100,000,000) gallons per year without
written authorization from the District.
(e) Provisions requiring ground water users to pay for
design, construction, construction supervision, and perpetual
operation and maintenance costs of works required to divert
excess surface waters to the users' area of ground water
withdrawal. The diversion of surface waters and construction
of facilities for such diversions must first be approved by
the District and upon completion of construction, such works
will be operated and maintained by the District.
(5) Following the preparation of any proposed orders
or regulations, the District may conduct one (1) or more
public hearings to receive evidence and testimony on the
proposed orders or regulations.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.30.































47 -










RULES
OF THE
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
CHAPTER 40D-3
REGULATION OF WELLS


40D-3.011 Policy and Purpose
40D-3.021 Definitions
40D-3.031 Implementation
40D-3.041 Permits Required
40D-3.051 Exemptions
40D-3.091 Registration of Drillers, Contractors, and
Engineering Testing Laboratories
40D-3.092 Refusal, Suspension, or Revocation of Registration
and Forfeiture of Bond
40D-3.101 Content of Application
40D-3.201 Permit Processing Fee
40D-3.301 Conditions for Issuance of Permits
40D-3.321 Duration of Permit
40D-3.341 Revocation of Permits
40D-3.411 Completion Reports
40D-3.451 Emergency Authorization
40D-3.461 Inspection
40D-3.701 Construction Standards

40D-3.011 Policy and Purpose.
(1) The purpose of this chapter is:
(a) To codify, with only slight modification, those
Rules presently contained in Chapter 16 CC, Florida Admini-
strative Code, heretofore promulgated by Southwest Florida
Water Management District (Regulatory). This water regulatory
district was created pursuant to the authority of Chapter
373, Florida Statutes, prior to the enactment of the Water
Resources Act of 1972. Part I of the existing Rules is set
forth hereinafter as Rules 40D-3.021, -3.041, -3.051, -3.091,
-3.092, -3.101, -3.201, -3.301, -3.321, -3.341, -3.411, -3.451,
and -3.461. Part II of the existing Rules is set forth as
Rule 40D-2.801.
(b) To enforce regulations promulgated by the Department
of Environmental Regulation relating to construction standards.
This provision is set forth hereinafter as Rule 40D-3.701.
(2) Policy. It shall be the policy of the Board to
ascertain that all water wells within the District are
located, constructed, maintained, used, and closed, and all
test or foundation holes are constructed, used, and closed
so as to protect the water resources within said District in
accordance with the purposes of these rules and regulations.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.01, 16J-3.06(1).
48-










40D-3.021 Definitions. The terms set forth herein
shall have the meanings ascribed to them unless the context
clearly indicates otherwise and such meanings shall apply
throughout Chapter 40D-3 of these rules and regulations.
The terms defined in Rule 40D-0.021 shall also apply throughout
Chapter 40D-3. The terms defined in Section 373.303, Florida
Statutes, if inconsistent, shall not apply to Chapter 40D-3
pursuant to Section 373.339, Florida Statutes.
(1) "Water well" means any artificial hole in the
ground, on submerged or unsubmerged land, having a diameter
of not less than two inches (2"), or more than one hundred
twenty inches (120") and intended to produce or accept water
or to search for water. This definition includes but is not
limited to the following: water table wells; artesian
wells; water resources test and observation wells; water
disposal wells; water recharge or repressuring wells; and
water level control or drainage wells.
(2) "Certified professional geologist" means any
person with expertise in chemistry, geology, or geological
engineering acquired by professional education and practical
experience, and who is certified (registered) by the American
Institute of Professional Geologists.
(3) "Contractor" means any person, corporation, or
other legal entity providing water well construction or test
or foundation hole construction, who or which has in its
employ one (1) or more water well drillers or test or foundation
hole drillers.
(4) "Engineering testing laboratories" means any
corporation or partnership engaged in gathering data for
engineering and/or geophysical or geological exploration, or
for prospecting for minerals or products of mining or quarrying
and interpreting data so obtained for use of their clients
and holding a certificate of authorization from the Florida
State Board of Engineering Examiners, as prescribed in
Chapter 471, Florida Statutes.
(5) "Florida State Board of Engineering Examiners"
means a State board created and established by Chapter 471,
Florida Statutes, to carry out the provisions relating to
professional engineers.
(6) "Gang well" means a system where two (2) or more
water wells are coupled together with a common header or
manifold.
(7) "Registered professional engineer" means any
person who is certified (registered) by the Florida State
Board of Engineer Examiners, as prescribed in Chapter 471,
Florida Statutes, entitled "Professional Engineers."
(8) "Test or foundation hole" means an artificial hole
in the ground drilled, bored, cored, washed, or jetted, the
intended use of which includes obtaining data for engineering
and/or for geophysical or geological exploration; prospecting
for minerals or products of mining or quarrying; not for the


49 -











purposes of either producing or disposing of water.
(9) "Test or foundation hole construction" means the
making or producing of test or foundation holes, including
the construction, alteration, or repair thereof as set out
in subsection (8) above.
(10) "Test or foundation hole driller" means any person
who constructs, alters, or repairs test or foundation holes.
(11) "Test or foundation hole driller trainee" means
any person, who is not qualified for registration as a test
or foundation hole driller, who helps construct, alter, or
repair test or foundation holes under the direct supervision
of a registered test hole or foundation driller, while
gaining the experience and learning the skills needed to
qualify for registration.
(12) "Water well construction" means the making or
producing of any water well, including the construction,
alteration, or repair thereof.
(13) "Water well driller" means any person who constructs,
alters, or repairs water wells.
(14) "Water well driller trainee" means any person not
qualified for registration as a water well driller who helps
construct, alter, or repair water wells under the direct
supervision of a registered water well driller while gaining
the experience and learning the skills needed to qualify for
registration.

General Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.02.

40D-3.031 Implementation. Chapter 40D-3 shall continue
in effect from September 30, 1974, and be implemented throughout
the entire area which comprises the District as of 11:58
p.m. on December 31, 1976, which area is coterminous with
the area of the Southwest Florida Water Management District
(Regulatory) and also continue in effect and implementation
from August 3, 1977 throughout the area transferred to the
District pursuant to Chapter 76-243, Laws of Florida, except
in the Manasota Basin, and shall be implemented immediately
and become effective throughout the area transferred to the
District pursuant to Chapter 78-65, Laws of Florida. The
Governing Board of the Water Regulatory District consists of
the members of the Governing Board of the Southwest Florida
Water Management District and all actions by either board
will constitute concurrent action of the other board. This
implementation shall in no way be construed to limit the
authority of the Board of Southwest Florida Water Management
District (Regulatory) or the effectiveness of its rules and
regulations contained in Chapter 40D-3 of the Florida
Administrative Code, or of any orders issued by said regulatory
authority. Wherever applicable and appropriate, the District

50 -










and the regulatory authority will act concurrently in regulating
water wells.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. 78-65, Laws of Florida. History -
Readopted 10-5-74, Amended 9-4-77, 10-16-78. Previously
numbered 16J-3.03.

40D-3.041 Permits Required.
(1) Construction Methods. Water wells, test wells and
foundation holes may be constructed by drilling, coring,
boring, washing, jetting, driving, or digging, but must be
so constructed, cased, cemented, plugged, capped, or sealed
as to prevent permanently the escape of water to waste
either at or above the land surface, or to escape from a
subsurface zone of higher hydrostatic head into a zone of
lower hydrostatic head, or to become contaminated by poor
quality water or other substance from either surface or
underground sources.
(2) Permit Required. A permit shall be obtained from
the Board before any water well or test or foundation hole
shall be constructed, repaired, modified, or otherwise
altered, except as provided in Rule 40D-3.101(3)(b). Such
permit shall be prominently displayed at the site of the
well prior to beginning any work thereon and shall remain so
displayed until construction is completed.
(3) Consumptive Use Permit Required:
(a) No permit for construction, repair or modification
of any water well for which a consumptive use permit is
required before withdrawals are authorized shall be issued,
prior to a consumptive use permit being granted authorizing
such consumptive use withdrawals.
(b) The Governing Board may, upon application by the
person required to obtain a consumptive use permit, for good
cause shown, grant exception to the above requirement, if
the Board finds that the granting of such exception is
consistent with the public interest; however, in granting an
exception, the Board may impose such conditions as may be
necessary to protect and preserve the water resources of the
area, and to assure compliance with applicable laws and the
rules of the Southwest Florida Water Management District.
(c) Notwithstanding the provisions of paragraphs (a)
and (b), the Governing Board may authorize the Executive
Director to issue permits for construction, repair, or
modification of any well when:
1. The well to be constructed, repaired, or modified
is to be used for testing or observation to gain hydrologic
or geologic data; provided the applicant acknowledges that
the proposed well is not intended to be a production facility;
or
2. The applicant demonstrates that a compelling


51 -










necessity exists to commence the construction, repair, or
modifications of a well while an application for a consumptive
use permit is pending; and
3. The applicant agrees to such conditions as may be
required by the Executive Director.
(d) The Executive Director shall promptly report to
the Governing Board concerning any permits issued by him
under this subsection.
(e) The Governing Board shall be under no obligation
to issue a consumptive use.permit merely because construction
of a well has been authorized.
(4) Gang Well Permits. Notwithstanding definition of
a water well, as set forth in Rule 40D-3.021(1) herein, no
gang well shall be constructed without a permit, regardless
of the size or depth of the individual wells comprising such
gang well, for the purpose of procuring or obtaining water
other than for temporary dewatering. No permit shall be
required for construction of gang wells for use to temporarily
dewater an area for construction, alteration, or repair of
buildings or other foundations and roadways, or during
installation, alteration, or repair of utility pipelines,
cables, culverts and catch basins, when such temporary
dewatering will be for a period not exceeding six (6) months.
A permit shall be required prior to continuation of dewatering
activities beyond the initial six (6) month period.
(5) Water Test Wells. More than one (1) water well
whose purpose of obtaining exploratory or observational data
may be constructed using a single permit, subject to the
following conditions:
(a) All such well construction shall be performed on a
single contiguous tract of land under the same ownership.
(b) No such water test well may be converted to a
production or observation well without first obtaining a
permit from the Board.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.309, 373.339 FS. History Readopted 10-5-74,
Amended 12-31-74, 12-1-77, 2-4-79. Previously numbered
16J-3.06(2)-(5), 16J-3.10.

40D-3.051 Exemptions. No provision of these rules and
regulations shall apply to individual users of water for
domestic supply or ordinary livestock consumption; provided
however, the owner of any water well, or proposed water well
exempt herein, shall obtain a permit of exemption prior to
drilling.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.13.


52-










40D-3.091 Registration of Drillers, Contractors, and
Engineering Testing Laboratories.
(1) Registration Requirements. Any person, corporation,
or other legal entity who constructs a water well or test or
foundation hole within the District boundaries shall be
registered with the Board, provided however, any water well
contractor holding a valid license issued by the Department
of Natural Resources shall not be required to register with
the Board.
(2) Registration Certificates. The Board may issue
registration certificates in the form of an identification
card. The card will certify on its face the operations for
which the driller or driller trainee is qualified and
registered.
(3) Qualifications of the Individual Drillers for
Registration Certificates.
(a) To qualify as a registered driller a person must:
1. Be at least sixteen (16) years of age, and be of
good moral and ethical character;
2. Have a thorough knowledge of the rules and
regulations of the District;
3. Have had sufficient experience in water well
construction or test or foundation hole construction, or
both, to demonstrate satisfactorily his practical knowledge
and his capability to operate equipment used in actual
construction operations; and
4. Pass a written test furnished by the Board.
(b) To qualify as a driller trainee a person must:
1. Be at least fourteen (14) years of age and hold
current authorization to work under existing Florida Statutes,
and be of good moral and ethical character;
2. Have a thorough knowledge of the rules and
regulations of the District; and
3. Have a written recommendation of a registered
driller or registered contractor under whom he will serve as
a trainee. If he changes employers, a new recommendation
must be submitted.
(c) The Board may issue registration certificates to
registered professional engineers, engineering testing
laboratories, and to certified professional geologists upon
application and showing of a thorough knowledge of the rules
and regulations of the District; additionally, they must
have had sufficient experience in water well construction or
test or foundation hole construction, or both, to demonstrate
satisfactorily a practical knowledge of equipment used in
construction operations.
(4) Applications. Applications for registration
certificates shall be submitted on forms provided by the
Board.
(5) Qualifications of Contractors for Registration
Certificates. Any contractor who is, or has in its employ,


53-











one (1) or more registered water well drillers, must register
as a water well contractor. Any contractor and any engineering
testing laboratory who is, or has in its employ, one (1) or
more test or foundation hole drillers, must register as a
test or foundation hole contractor; and must:
(a) Submit the necessary information on forms furnished
by the Board.
(b) Furnish a bond in the amount of five thousand
dollars ($5,000) made payable to the District and its
successors, with a reputable bonding corporation authorized
to do business in this State as surety. The bond is to be
conditioned upon compliance with the provisions of the laws
of this State, the rules and regulations prescribed herein,
and the orders adopted or issued pursuant thereto for the
protection of the water resources of the District. Such
bond shall be maintained as a condition of the continued
validity of the registration.
(c) The Board may, in unusual circumstances, such as
when the five thousand dollar ($5,000) bond may not be
adequate to properly protect the water resources of the
District, prescribe any other restrictions and may require
additional qualifications and bonds as it deems proper.
(6) Surety bonds will be required only from contractors.
The contractor will be responsible for any and all drillers
in his employ, and his bond will be acceptable as covering
his employees. This provision shall not apply to water well
contractors who hold valid licenses issued by the Department
of Environmental Regulation and who are required to meet the
bond requirements prescribed by the Department.
(7) Addresses. Each driller and contractor shall keep
the Board advised of the current address of his residence
and of his business at all times. This provision shall not
apply to water well contractors who hold valid licenses
issued by the Department of Environmental Regulation and are
required to maintain a current address on file with the
Department.
(8) Identification Card. Each registered driller and
each registered driller trainee shall keep his identification
card on his person while drilling and shall display same
upon request.
(9) Individual Identification Number. Each registered
driller and each registered driller trainee shall be assigned
a permanent, nontransferable identification number.
(10) Contractor Identification Number. Each contractor
shall be assigned a permanent, nontransferable identification
number to be used in connection with all drilling operations.
License numbers issued by the Department of Environmental
Regulation to water well contractors shall be used as
identification numbers in connection with this Rule.
Contractor identification numbers previously issued by the
Board to such contractors shall be voided.

54 -










(11) Contractor Records. Each contractor shall keep
accurate records and shall make such records available for
inspection by District personnel at any reasonable time.
These records shall list all water well construction and
test or foundation hole construction operations and such
other hydrogeologic data as the Board may require, together
with the name and individual identification number of the
registered driller supervising the work. The knowledge
pertaining to quantities and values of ore reserves and
estimates prepared in a mineral prospect shall be privileged
information and made available to District personnel only
with the consent of the client or clients of the testing
laboratories.
(12) Marking Vehicles and Equipment. The identification
number of the contractor shall be prominently displayed on
both sides of every service vehicle and drilling rig used in
connection with all construction operations and shall remain
so displayed at all times. All numbers and figures shall be
not less than two inches (2") high. A decal to be issued by
the Board indicating current, valid certifications shall be
displayed adjacent to each identification number and shall
not be transferable.
(13) Supervision of Construction. All construction
shall be performed under the direct and personal supervision
and in the presence of a registered driller, although the
registered driller may, at his discretion and with complete
cognizance of his responsibility, delegate increasing
responsibility to a registered driller trainee.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.323, 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.04.

40D-3.092 Refusal, Suspension, or Revocation of
Registration and Forfeiture of Bond.
(1) Grounds. The Board may refuse to issue or renew
or may suspend or revoke a registration on any one (1) or
more of the following grounds:
(a) Material misstatement in the application for
registration.
(b) Failure to have or retain the qualifications
required herein.
(c) Willful disregard or violation of any rule or
regulation or order issued by the Board.
(d) Willful aid or abetment to another in violation of
this chapter or of any rule or regulation issued by the
Board.
(e) Gross incompetency in the performance of work.
(f) Allowing the use of an identification card by any
person other than the original issue.
(g) Failure to apply for registration prior to

55-










beginning construction within the District.
(h) Misrepresentation, falsification, or failure to
submit records or reports required by the Board.
(2) Institution of Proceedings to Suspend or Revoke
Registration or for Forfeiture of Bond. Violations may be
reported by any member or employee of the Board or by any
other person by filing a sworn written complaint with the
Board on forms provided by the Board.
(3) Suspension and Revocation of Registration and
Forfeiture of Bond. Upon investigation, the Board may
suspend a contractor's registration. After notice and
public hearing, such registration may be revoked or the
suspension may be extended. When deemed appropriate, the
Board may act to bring about forfeiture of the contractor's
bond.
(4) Suspension and Revocation of Registration of
Engineering Testing Laboratories. The Board may suspend,
but will not revoke or fail to renew the registration of any
engineering testing laboratory prior to affording the State
Board of Engineer Examiners the opportunity to review such
contemplated action.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.05.

40D-3.101 Content of Application.
(1) Permits will only be issued to registered contractors.
(2) To Construct a Water Well. A written application
shall be made on forms furnished by the Board, and shall be
signed by the registered water well contractor responsible
for the work. Such application shall include the name and
address of the property owner, or his agent, on whose property
the well is to be drilled; the name, registration number,
and address of the contractor; the approximate location of
the well, the expected depth, and the specification for well
construction including size(s) of casing to be used, method
of completion, and method of plugging abandoned well if
necessary.
(3) To Construct Test or Foundation Holes.
(a) A written application shall be made on forms
furnished by the Board, and shall be signed by the registered
test or foundation hole contractor who will be responsible
for the work. Such application shall include the name and
address of the property owner, if applicable, or his agent,
on whose property the drilling is to be performed; the
approximate location of the holes and the number to be
drilled; and specifications as to their construction including
diameter of holes, expected depth, whether or not casing
will be used, and how these holes will be plugged when
abandoned. Where multiple holes will be drilled at one


56 -










site, a single permit may be issued.
(b) Any contractor or engineering testing laboratory
may, in lieu of submitting applications for permit, furnish
an additional surety bond in the amount of twenty-five
thousand dollars ($25,000) acceptable to the Board to insure
the Board against any infractions of the District rules and
regulations or orders. The Board, may in unusual circumstances,
such as when the twenty-five thousand dollar ($25,000) bond
may not be adequate to properly protect the water resources
of the District, prescribe any other restrictions and may
require additional qualifications and bond as it deems
proper.
(c) A special completion report and log on any hole
which may have inadvertently become a water well will be
required as set forth in Rule 40D-3.411(3).
(4) Specifications. The specification for construction
as set forth in the written application, if approved, shall
be contained in the permit issued by the Board and construction
shall be performed in accordance with such specification.
Any deviation therefrom shall only be made after written
permission is received from the Board.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.07.

40D-3.201 Permit Processing Fee. No permit processing
fee shall be required in connection with applying for a
permit under Chapter 40D-3.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.071.

40D-3.301 Conditions for Issuance of Permits.
(1) The Board shall issue a Notice of Rejection whenever
it determines that an application for a permit for construction
fails to meet the requirements prescribed by Chapter 373,
Florida Statutes, or by these rules and regulations, or that
such proposed construction would be contrary to the policy
of this State or of the Board as set forth in such laws, or
in such rules and regulations.
(2) Such Notice of Rejection shall:
(a) State the grounds for rejection, and may state any
remedial action, if any, which may be taken to make such
application acceptable for approval; and
(b) Be served in writing upon the persons signing the
application by registered or certified mail.
(3) Any applicant receiving a Notice of Rejection may
obtain a hearing before the Board by filing within thirty


-57-










(30) days of the mailing of such Notice of Rejection a
written petition requesting such public hearing.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.11(1)-(3).

40D-3.321 Duration of Permit. Each permit shall be
consecutively numbered, shall be dated, and shall be valid
for a period of six (6) months, unless the time limit is
extended by the Board.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.08.

40D-3.341 Revocation of Permits. The Board may, upon
investigation, suspend a permit, and after notice and public
hearing, may extend such suspension or may revoke the permit.
Such suspension or revocation may be made on any one (1) or
more of the following grounds:
(1) Material misstatement or misrepresentation in the
application for a permit.
(2) Failure to comply with the provisions set forth in
the permit.
(3) Willful disregard or violation of any rule or
regulation promulgated herein by the Board.
(4) Material change of circumstances or conditions
existing at the time such permit was issued.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.11(4).

40D-3.411 Completion Report.
(1) Water well drillers shall keep a log on a form
provided by the Board of all construction activities performed
under each permit and such logs shall be available for
inspection at the site of well construction during all times
when actual well construction activities are being performed;
and provided further the drillers shall file with the Board
such log together with a report within thirty (30) days of
the completion or cessation of the work authorized by the
permit. If no work is performed, a report shall be filed
within thirty (30) days of the expiration of the permit
stating that no well construction was performed under the
permit.
(2) The Board may also require that samples be taken
during construction and furnished to it within thirty (30)
days after being taken. Containers and instructions shall
be provided by the Board.


58 -










(3) Special Completion Report Required for Inadvertent
Water Well. The registered test or foundation hole contractor
or professional engineer shall provide boring logs for all
test or foundation holes that penetrate into any of the
aquifers in the District where either drilling fluid is lost
or artesian conditions are encountered. All such holes
shall be completely plugged from bottom to top with cement
grout or an equivalent approved by the Board. Such report
shall be in writing, complete description of the occurrence,
including exact location and describing geologic and hydrologic
conditions and the method of plugging, and shall bear the
signature of the registered test or foundation hole contractor,
certifying that all actions required by these rules and
regulations were accomplished.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74, Amended
10-24-76. Previously numbered 16J-3.09, 16J-3.14.

40D-3.451 Emergency Authorization. Emergency permits
may be issued by the Board when conditions exist which
justify such issuance. Emergency permits may be applied for
orally by telephone, and the Board may issue an emergency
permit orally by telephone; however, a serious set of
unforeseen or unforeseeable circumstances must exist to
create the emergency, not mere carelessness or lack of
planning on the part of the driller or requester of the
drilling. The applicant for an emergency permit shall
further reduce his application to writing in accordance with
Rule 40D-3.101 within twenty-four (24) hours after making
oral application. Rule 40D-3.411 shall apply to construction
performed under an emergency permit.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History Readopted 10-5-74.
Previously numbered 16J-3.12.

40D-3.461 Inspection.
(1) Inventory. The Board has determined the necessity
for taking and maintaining an accurate inventory of water
resources and uses within the District so that it takes all
necessary and proper steps to effect the maximum beneficial
utilization, development, and conservation of the water
resources within said District in the best interest of the
public and to prevent waste, contamination, and unreasonable
use of said resources.
(2) Area to be Inventoried. An inventory will be made
and maintained of selected water wells and test and foundation
holes, constructed pursuant to permits issued by authority
of these rules and regulations. In addition, the Board may
take inventory of all other water wells located within areas


59 -










the Chief Hydrologist of the Board determines to be seriously
endangered from overdevelopment, salt-water intrusion,
pollution, or other contamination.
(a) In all such areas the Board, its employees and
agents, shall have the right to inspect all water wells and
test and foundation holes, going upon the premises where
located at any reasonable time for such purpose.
(b) No person shall interfere with or prevent such
inspection.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.309, 373.339 FS. History Readopted 10-5-74,
Amended 8-9-77. Previously numbered 16J-3.15.

40D-3.701 Construction Standards. The regulations
promulgated by the Department of Environmental Regulation
governing the construction of water wells, as set forth in
Chapter 17-21, Florida Administrative Code, shall apply to
all water wells and test and foundation holes constructed,
altered, repaired, or abandoned in the District.

Specific Authority. 373.044, 373.149, 373.171 FS. Law
Implemented 373.309, 373.339 FS. History Readopted 10-5-74,
Amended 8-9-77. Previously numbered 16J-3.20.





























60 -










RULES
OF THE
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
CHAPTER 40D-4
MANAGEMENT AND STORAGE OF SURFACE WATERS


40D-4.011 Policy and Purpose
40D-4.021 Definitions
40D-4.031 Implementation
40D-4.041 Permits Required
40D-4.051 Exemptions
40D-4.101 Content of Application
40D-4.111 Notice of Application Form
40D-4.131 Times for Receiving Objections and for Hearing
40D-4.141 Notice and Hearing Requirements
40D-4.201 Permit Processing Fee
40D-4.301 Conditions for Issuance of Permits
40D-4.331 Modification of Permits
40D-4.341 Revocation of Permits
40D-4.381 Limiting Conditions
40D-4.401 Identification Tags
40D-4.411 Completion Report
40D-4.451 Emergency Authorization
40D-4.461 Inspection
40D-4.471 Abatement
40D-4.481 Remedial and Emergency Measures

40D-4.011 Policy and Purpose. The purpose of Chapter
40D-4 of these rules and regulations is to implement the
declared water policy of the Southwest Florida Water Management
District and the State of Florida relating to the management
and storage of surface waters.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.409, 373.413, 373.416, 373.426 FS.
History Readopted 10-5-74. Previously numbered 16J-4.01.

40D-4.021 Definitions. The terms set forth herein
shall have the meanings ascribed to them unless the context
clearly indicates otherwise, and such meanings shall apply
throughout Chapter 40D-4 of these rules and regulations. To
facilitate easier reference certain terms defined by applicable
statute have been included verbatim with appropriate citation.
The terms defined in Rules 40D-0.021 shall also apply throughout
Chapter 40D-4.
(1) "Appurtenant works" means any artificial improvements
to a dam which might affect the safety of such dam or, when
employed, might affect the holding capacity of such dam or
of the reservoir or impoundment created by such dam. Section


61 -





-- ---- ---~-- -~ -.-~- --- ~ _~--~* ~










373.403(2), Florida Statutes.
(2) "Dam" means any artificial or natural barrier,
with appurtenant works, raised to obstruct or impound, or
which does obstruct or impound, any of the surface waters of
the State. Section 373.403(1), Florida Statutes.
(3) "Maintenance" or "repairs" means remedial work of
a nature as may affect the safety of any dam, impoundment,
reservoir, appurtenant work or works, but excluding routine
custodial maintenance. Section 373.403(8), Florida Statutes.
(4) "Works" means all artificial structures other than
dams, appurtenant works, and wells, including but not necessarily
limited to, ditches, canals, conduits, channels, culverts,
pipes, and other construction that connects to, diverts
water from, or drains water into, or is placed in or across,
the waters in the District.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.403, 373.423 FS. History Readopted
10-5-74. Previously numbered 16J-4.02.

40D-4.031 Implementation. Chapter 40D-4 shall continue
in implementation from January 1, 1975 throughout the entire
area comprising the District as of 11:59 p.m., December 31,
1976; and from August 3, 1977, throughout the areas annexed
into the Peace and Withlacoochee River Basins and within the
Manasota Basin; and shall be implemented immediately and
apply within the area annexed into the District by Chapter
78-65, Laws of Florida.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.409, 373.413, 373.416, 373.426 FS.,
76-243, Laws of Florida. History Readopted 10-5-74,
Amended 9-4-77, 10-16-78. Previously numbered 16J-4.03.

40D-4.041 Permits Required.
(1) Unless expressly exempted, a permit shall be
required to construct, alter, abandon, or remove any dam,
impoundment, reservoir, appurtenant work, or works which:
(a) Impounds water on an area exceeding forty (40)
acres by means of dams and appurtenant works.
(b) Diverts water from an area exceeding forty (40)
acres by means of dikes, levees, fills or other means,
including upstream dams and appurtenant works, impoundments,
reservoirs, or works.
(c) Reroutes, restricts, or alters the rate of flow of
a stream or other watercourse which drains a watershed
having an area exceeding five (5) square miles.
(d) Is placed in or connects with any surface water
body for which management flows or levels have been set
pursuant to Chapter 40D-8 of these rules.



62 -










(2) After January 1, 1977 unless expressly exempted, a
permit shall be required to operate or maintain any dam,
impoundment, reservoir, appurtenant work, or works which:
(a) Impounds water on an area exceeding one hundred
and sixty (160) acres by means of dams and appurtenant
works.
(b) Diverts water from an area exceeding one hundred
and sixty (160) acres by means of dikes, levees, fills, or
other means, including upstream dams and appurtenant works,
impoundments, reservoirs, or works.
(c) Is equipped with a headgate, valve, or other
operable structure which impounds on or diverts from an area
exceeding forty (40) acres or which is located on a stream
or other watercourse.
(3) No activity, except those activities specifically
exempted by law or rule, shall be undertaken within, connecting
to, or affecting the management range of a surface water of
the District unless the proposed activity has first been
approved by the District and a permit issued therefore.
(4) Permits for Operation and Maintenance.
(a) After implementation of Chapter 40D-4 in the areas
indicated in Rule 40D-4.031, unless expressly exempted by
law, no person shall, without a permit from the Board,
operate or maintain any dam located on a stream or other
watercourse, or any impoundment which relies on a stream or
other watercourse for its supply, or any other impoundment
with a water surface area greater than forty (40) acres.
(b) Applications for permits required by subsection
(4) above shall be filed with the District and shall include
the same information as required in Rule 40D-4.301(1).
(c) Except as otherwise provided in Rule 40D-4.341, a
permit issued under paragraph (a) above shall be permanent.
The sale or conveyance of such facility or the land on which
the same is located, shall in no way affect the validity of
the permit so long as the use remains the same provided that
the owner, in whose name the permit was granted, notifies
the Board of such change of ownership within thirty (30)
days of such transfer.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.219, 373.223, 373.229 FS. History -
Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78.
Previously numbered 16J-4.04, 16J-4.10(1),(2),(4).

40D-4.051 Exemptions.
(1) Nothing in Chapter 40D-4 shall be construed to
affect the right of any natural person to capture, discharge,
and use water for the purposes permitted by law.
(2) Nothing in Chapter 40D-4 shall be construed to
affect the right of any person engaged in the occupation of
agriculture, floriculture, or horticulture to alter the


63 -










topography of any tract of land for purposes consistent with
the practices of such occupation; provided however, that
such alteration shall not be for the sole or predominant
purpose of impounding or obstructing a stream or other
watercourse or changing the water level in lakes or other
impoundments; and also provided that such alteration shall
not result in substantially:
(a) Altering the peak rate of flow or the total volume
of discharge of waters into works of the District;
(b) Altering the rate of flow or total volume of water
withdrawn from works of the District;
(c) Altering the direction of surface runoff into
works of the District;
(d) Altering the water table or the level of the
potentiometric surface on lands adjacent thereto.
(3) Nothing in Chapter 40D-4 shall be construed to be
applicable to construction, operation, or maintenance of any
reservoir or other artificial structure which is located
entirely within lands owned, leased, or otherwise controlled
by the user and which require water only for filling, replenishing,
and maintaining the water level thereof, provided however,
that Chapter 40D-2 shall apply to the use of water for such
filling, replenishing, and maintaining of the water level.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.406 FS. History Readopted 10-5-74.
Previously numbered 16J-4.05.

40D-4.101 Content of Application.
(1) Permit application shall be sworn to and dated by
the applicant or his duly authorized agent and shall be
filed with the Board on forms provided by the Board which
shall include:
(a) The name and address of the applicant.
(b) The name and address of the owner or owners of the
land upon which the construction or alteration is to take
place, and a legal description of such land.
(c) Location of the work.
(d) Plans and specifications.
(e) The name and address of the person who prepared
the plans and specifications.
(f) The name and address of the person who will construct
the proposed work, when available.
(2) The Board may also require the applicant to submit
other information deemed necessary.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.042, 373.403 FS. History Readopted
10-5-74, Amended 12-31-74, 6-7-78. Previously numbered
16J-4.06(1),(2).



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40D-4.111 Notice of Application Form.
(1) Upon receipt of the completed permit application,
the Board shall prepare a Notice of Application which shall
be in substantially the following form:

Notice of Application for Permit
to Construct, Alter, Operate, Maintain,
Abandon, or Remove a Dam,
Impoundment, Reservoir, Appurtenant Work,
or Works in County

Southwest Florida Water Management District has received
an application for a permit to construct, alter, operate,
maintain, abandon, or remove a dam, impoundment, reservoir,
appurtenant work, or works from (Applicant)
(Applicant's Address) at (Precise location)
in (Minicipality, if any, and County) for the
purpose of (Nature and location of use) .

Written objections to issuance of such permit may be
filed with the Board of Governors of Southwest Florida Water
Management District in person at its offices on U.S. 41,
seven (7) miles south of Brooksville, Florida, or by mail to
5060 U.S. 41 South, Brooksville, Florida 33512.
Such objection must be received by the Board not later
than Any objections so filed should set forth
reasons for the objections and must be signed by the objecting
party and should list the mailing and residence addresses of
the objecting party.
A hearing will be held at (Time) on (Date)
at (Place) before to
consider the application and all written objections, to hear
testimony, and to receive documentary evidence. Such hearing
may be reasonably continued to a time and date certain
announced at the hearing without further notice.
The application is on file at the District office and
available for inspection at all reasonable times.

(The following paragraph should be inserted if applicable:)
The permit applied for impounds water on or diverts
water from an area not exceeding three hundred twenty (320)
acres. If no substantial objection to the application is
received, the Board after proper investigation by its staff,
may at its discretion approve the application without a
hearing.


Southwest Florida Water Management District

Specific Authority. 373.044, 373.133, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS. History -
Readopted 10-5-74, Amended 10-24-76. Previously numbered
16J-4.071.
65 -










40D-4.121 Notice and Hearing Requirements.
(1) Within forty-five (45) days after receipt of a
completed application for a permit under the provisions of
Rule 40D-4.101 where the impounded area or the area from which
waters will be diverted will exceed eighty (80) acres in
area, the Board shall cause a Notice of Application to be
published at least once a week for two (2) consecutive weeks
in a newspaper having general circulation within the affected
area.
(2) The Board shall cause copies of such Notice of
Application to be mailed to persons who have filed written
requests within the immediately preceding six (6) months for
notification of any pending applications affecting the
particular designated area. Such notice shall be sent by
regular mail posted not later than the first date of publication.
(3) Permits Without Hearing. If the impounded area or
the area from which the water will be diverted will not
exceed three hundred twenty (320) acres and if no substantial
objection to the application is received before the prescribed
deadline, the Board after proper investigation by its staff
may issue a permit without a hearing.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS. History -
Readopted 10-5-74. Previously numbered 16J-4.072, 16J-4.074.

40D-4.131 Times for Receiving Objections and for
Hearing. The deadline for receiving objections to the
application shall be a day not sooner than fourteen (14)
days after the date of first publication of the Notice of
Application required in Rule 40D-4.111. The date of hearing
shall be a day not sooner than seven (7) days thereafter.

General Authority. 373.044, 373.133, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS. History -
Readopted 10-5-74. Previously numbered 16J-4.073.

40D-4.201 Permit Processing Fee. A permit processing
fee shall be paid to the District at the time a permit
application is filed in the amount prescribed in the schedule
set forth in Rules 40D-0.201.

Specific Authority. 373.044, 373.133, 373.149, 373.171 FS.
Law Implemented 373.109 FS. History Readopted 10-5-74.
Previously numbered 16J-4.061.

40D-4.301 Conditions for Issuance of Permits.
(1) To obtain a permit under Chapter 40D-4, the permitted
activity:
(a) Must be a reasonable, beneficial activity.
(b) Must be consistent with the public interest.


66 -










(c) Will not interfere with any legal use of water
existing at the time of the application.
(2) Issuance of a permit will be denied if the permitted
activity:
(a) Will cause the rate of flow of a stream or other
watercourse to be lowered below the minimum flow established
by the Board.
(b) Will cause the level of the potentiometric surface
to be lowered below the regulatory level established by the
Board.
(c) Will cause the level of the surface of water in
any lake or other impoundment to be lowered below the minimum
level established by the Board.
(d) Will significantly induce salt water encroachment.
(e) Will cause the water table to be lowered so that
the lake stages or vegetation will be adversely and signifi-
cantly affected on lands other than those owned, leased, or
otherwise controlled by the applicant.
(3) The permitted activity:
(a) Must not restrict or alter the rate of flow of a
stream or other watercourse by more than ten percent (10%)
at the time and point of withdrawal, except in case of a dam
where water is stored for subsequent release downstream.
(b) Must not cause the level of the potentiometric
surface under lands not owned, leased, or otherwise controlled
by the applicant to be lowered more than five feet (5').
(c) Must not cause the level of the water table under
lands not owned, leased, or otherwise controlled by the
applicant to be lowered more than three feet (3').
(d) Must not cause the level of the surface of water
in any lake or other impoundment to be lowered more than one
foot (1') unless the lake or impoundment is wholly owned,
leased, or otherwise controlled by the applicant.
(e) Must not cause the potentiometric surface to be
lowered below sea level.
(f) Must not be constructed or operated in such a
manner as to diminish the capability of an impoundment to
fluctuate through the full management range established for
such impoundments.
(4) The Board for good cause shown may grant exceptions
to the provisions of subsections (4) and (5) above when,
after consideration of all data presented, including economic
information, it finds that it is consistent with the public
interest.
(5) The District will apply and require best surface
water management practices within the management range of
all surface waters in the District.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.042, 373.403 FS. History Readopted
10-5-74, Amended 12-31-74, 6-7-78. Previously numbered
16J-4.06(3),(4),(5),(6),(8).

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40D-4.331 Modification of Permits.
(1) The Board may modify a permit at any time if it
determines that a dam, impoundment, appurtenant work, or
works has become a danger to the public health or safety or
if its operation has become inconsistent with the objectives
of the District or is in violation of any regulation or
order of the District, or the conditions of the permit.
(2) Before any such modification, the Board shall give
written notification thereof by registered or certified mail
to the permit holder. Such notification shall contain a
statement of the reasons why the modification is proposed,
and a reference to any applicable District objective, regulation,
order, or permit conditions. An affected party may file a
written petition no later than ten (10) days after notice of
proposed modification is served for a hearing. No permit
shall be modified before the permit holder is afforded an
opportunity for a hearing before the Board.
(3) If the Executive Director determines that the
danger to the public is imminent, he may order a temporary
suspension of the construction, alteration, or operation of
the facility until the hearing is concluded, or may take
such action as authorized under Rule 40D-4.451.
(4) The Board may modify a permit, permanently and in
whole, with the written consent of the permitted.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.429 FS. History Readopted 10-5-74.
Previously numbered 16J-4.13.

40D-4.341 Revocation of Permits.
(1) The Board may revoke a permit at any time if it
determines that a dam, impoundment, appurtenant work, or
works has become a danger to the public health or safety or
if its operation has become inconsistent with the objectives
of the District or is in violation of any regulation or
order of the District, or the conditions of the permit.
(2) Before any such revocation, the Board shall give
written notification thereof by registered or certified mail
to the permit holder. Such notification shall contain a
statement of the reasons why the revocation is proposed, and
a reference to any applicable District objective, regulation,
order, or permit conditions. An affected party may file a
written petition no later than ten (10) days after notice of
proposed revocation is served for a hearing. No permit
shall be revoked before the permit holder is afforded an
opportunity for a hearing before the Board.
(3) If the Executive Director determines that the
danger to the public is imminent, he may order a temporary
suspension of the construction, alteration, or operation of
the facility until the hearing is concluded, or may take
such action as authorized under Rule 40D-4.451.


68 -










(4) The Board may revoke a permit, permanently and in
whole, with the written consent of the permitted.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.429 FS. History Readopted 10-5-74.
Previously numbered 16J-4.13.

40D-4.381 Limiting Conditions.
(1) The Board may condition the granting of a permit
so as to require:
(a) Dates on which construction, alteration, removal
and operation are to be commenced or completed, with notifi-
cation of such commencement and completion to be given, in
writing postmarked no later than five (5) days thereafter.
(b) Reports of operations on forms to be provided
which shall be submitted within the times prescribed.
(c) Installation of monitoring facilities.
(d) Prescribed operating procedures and schedules.
(2)(a) The owner of any dam, impoundment, reservoir,
appurtenant work, or works subject to Chapter 40D-4 may be
required, after notice and hearing by the Board, to install
and maintain a substantial and serviceable headgate or valve
at the point where the water is discharged or diverted, and
shall if required by the Board, install a measuring device
which meets the requirements and specifications of the Board
at the point designated by the Board for measuring the water
discharged or diverted.
(b) If any owner shall not have constructed or installed
such headgate, valve or such measuring device within sixty
(60) days after the Board has ordered its construction, the
Board shall have constructed or installed such headgate,
valve or measuring device, and the costs of installing the
headgate, valve or measuring device shall be a lien against
the owner's land upon which such installation takes place
until the Board is reimbursed in full.
(3) The Board may impose on any permit granted under
Rule 40D-4.041(4)(a) such reasonable conditions as are
necessary to assure that the permitted operation or
maintenance will not be inconsistent with the overall
objectives of the District and will not be harmful to the
water resources of the District.
(4) No person shall alter or tamper with a measuring
device so as to cause it to register other than the actual
amount of water diverted, discharged, or taken. Violation
of this subsection shall be a misdemeanor in the second
degree, punishable under Section 775.082(5)(b), Florida
Statutes.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.042, 373.403 FS. History Readopted
10-5-74, Amended 12-31-74, 6-7-78. Previously numbered
16J-4.06(7), 16J-4.11, 16J-4.10(3).

69 -










40D-4.401 Identification Tags.
(1) When a permit is issued, the Board shall issue a
permanent tag bearing an identification number which shall
be prominently displayed and permanently affixed to the
facility or at the site of the permitted activity.
(2) Failure to display a permit tag as prescribed
herein may constitute a violation of these Rules and shall
be grounds for suspension or revocation of the permit upon
notice and hearing. The permitted shall be allowed ten (10)
days after notice to obtain a replacement tag. Upon failure
of the permitted to display such tag within ten (10) days,
the Board may cause the replacement of such tag and charge
the permitted one hundred dollars ($100) for such service.

Specific Authority. 373.044, 373.133, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS. History -
Readopted 10-5-74. Previously numbered 16J-4.062.

40D-4.411 Completion Report. Within thirty (30) days
after the completion of construction or alteration of any
activity for which a permit was granted by the Board, the
permitted shall file with the District a written statement
of completion on the appropriate form provided by the Board.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.419 FS. History Readopted 10-5-74.
Previously numbered 16J-4.08.

40D-4.451 Emergency Authorization.
(1) Permission to begin construction, alteration, or
removal of a dam, impoundment, appurtenant work, or works
prior to the issuance of a permit may be applied for, in
writing, when an emergency condition exists which justifies
such permission.
(2) The Executive Director may grant emergency
authorization pursuant to subsection (1) provided a serious
set of unforeseeable and unforeseen circumstances exists
creating such emergency. Such action shall be reported to
the members of the Governing Board as soon thereafter as
practicable but no later than the next meeting of the
Governing Board for its consideration.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.439 FS. History Readopted 10-5-74,
Amended 10-24-76. Previously numbered 16J-4.16.

40D-4.461 Inspection.
(1) During construction or alteration, the Board may
cause to be made at its expense such periodic inspections as
it deems necessary to insure conformity with the approved
plans and specifications included in the permit.


70 -










(2) If during construction or alteration, the Board
finds that the work is not in accordance with the approved
plans and specifications as directed in the permit, it shall
give the permitted written notice how the construction is
not in compliance and shall order immediate compliance with
such plans and specifications. Failure to act in accordance
with the orders of the Board after receipt of written notice
shall result in the initiation of revocation proceedings in
accordance with the provisions of Rule 40D-4.341.
(3) Upon completion of the work, the Executive Director
shall have inspections made annually or more frequently as
deemed necessary of the facility. No person shall refuse
immediate entry or access to any authorized representative
of the Board who requests entry for purposes of such inspection
and who presents appropriate credentials.

Specific Authority. 373.044, 373.133, 373.149, 373.171 FS.
Law Implemented 373.423 FS. History Readopted 10-5-74.
Previously numbered 16J-4.09.

40D-4.471 Abatement. Any dam, impoundment, appurtenant
work, or works which violates the laws of this State or
which violates the standards, regulations, or orders of the
Board, or the conditions of the permit shall be declared a
public nuisance. The operation of such facility may be
enjoined by suit by the Board, or by a private citizen. The
Board shall be a necessary party to any such suit.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.433 FS. History Readopted 10-574.
Previously numbered 16J-4.14.

40D-4.481 Remedial and Emergency Measures.
(1) Upon completion of any inspection provided for by
Rule 40D-4.461, the Executive Director shall determine what
alterations or repairs shall be made within a time certain,
which shall be a reasonable time. The owner of such facility
shall be served with the order to make such alterations or
repairs. The holder of any lesser interest in such facility
shall be notified by registered or certified mail of the
order to make such alterations or repairs. The owner of
such facility may file a written petition within ten (10)
days after such order is served for a hearing before the
Board. If, after such order becomes final, the owner of
such facility shall fail to make the specified alterations
or repairs, the Board may in its discretion cause such
alterations or repairs to be made.
(2) Any cost to the District of alterations or repairs
made by it under the provisions of subsection (1) of this
section shall be a lien against the property of the landowner
on whose land the alterations or repairs are made until the


71 -










Board is reimbursed, with reasonable interest and attorney's
fees, for its costs.
(3) The Executive Director, with the concurrence of
the Board, shall immediately employ any remedial means to
protect life and property if either:
(a) The condition of any dam, impoundment, appurtenant
work, or works is so dangerous to the safety of life or
property as not to permit time for the issuance and enforcement
of an order relative to its maintenance or operation; or
(b) Passing or imminent floods threaten the safety of
any such facility.
(4) In applying the emergency measures provided for in
this section, the Executive Director may in an emergency do
any of the following:
(a) Lower the water level by releasing water from any
lake or other impoundment.
(b) Completely empty the lake or other impoundment.
(c) Take such other steps as may be essential to
safeguard life and property.
(5) The Executive Director shall continue in full
charge and control of such facility until it is rendered
safe or the emergency occasioning the action has ceased.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.436, 373.439 FS. History Readopted
10-5-74. Previously numbered 16J-4.15, 16J-4.17.



























72 -











RULES
OF THE
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
CHAPTER 40D-6
WORKS OF THE DISTRICT


40D-6.011 Policy and Purpose
40D-6. 021 Definitions
40D-6.031 Implementation
40D-6.041 Permits Required
40D-6.051 Exemptions
40D-6.091 Encroachment Lines
40D-6.101 Content of Application
40D-6.121 Notice and Hearing Requirements
40D-6.201 Permit Processing Fee
40D-6.301 Conditions for Issuance of Permits
40D-6.331 Modification of Permits
40D-6.341 Revocation of Permits
40D-6.411 Completion Report
40D-6.451 Emergency Authorization
40D-6.461 Inspection
40D-6.481 Remedial and Emergency Measures

40D-6.011 Policy and Purpose.
(1) The purpose of Chapter 40D-6 of these rules and
regulations is to implement the declared water policy of
Southwest Florida Water Management District and the State of
Florida insofar as it relates to the works of the District.
The Southwest Florida Water Management District adopted
Rules relating to protection of the works of the District on
February 20, 1964. The Rules so adopted which are still
applicable are set forth herein. The Rules in this chapter
are for the protection of the works of the District.
(2) The Governing Board of the Southwest Florida Water
Management District, in discharging its duties and responsi-
bilities, has committed itself in writing to the Secretary
of the Army to perform the requirements of local cooperation
under the project, "Four River Basins, Florida" (H. D. 585,
87th Congress, 2nd Session). Among these requirements is
the following:
"In the case of all canals, reservoir outlets, floodways,
and natural streams on which upstream projects works
are provided, the necessary flood-way should be preserved
or the rights thereon secured to permit discharges
which would not cause significant damages under present
conditions of development."
(3) The Southwest Florida Water Management District
owns, maintains, or has accepted responsibility for certain
canals, water control structures, rights-of-way, lakes, and


73-










streams, as well as other works which are specifically named
in this part as "The Works of the District."
(4) The protection of existing works from actions
which would impair its capacity to accomplish the purpose
for which it was intended, and the protection of other works
for which planning is under way, is the responsibility of
this District.
(5) These regulations establish procedures to be
followed by those who find it necessary to connect to,
withdraw water from, discharge water into, place construction
within or across, or to otherwise make use of the works of
the Southwest Florida Water Management District.
(6) State Laws prohibit such work unless approved by
the Governing Board of the District. This approval is
usually granted in the form of a permit.
(7) The permit does not convey any property rights or
privileges other than those specified in the permit; it does
not authorize any injury to private property or invasion of
private rights nor does it waive the governing requirements
of any other agency or authority. It simply expresses the
assent of the Southwest Florida Water Management District
insofar as concerns the public's interest and protection of
the water resources of the District.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Florida. Law Implemented 373.084, 373.085,
373.086, 373.087, 373.103 FS. History Readopted 10-5-74.
Previously numbered 16J-1.001, 16J-1.01.

40D-6.021 Definitions. The terms set forth herein
shall have the meanings ascribed to them unless the context
clearly indicates otherwise and such meanings shall apply
throughout Chapter 40D-6 of these rules and regulations.
The terms defined in Rules 40D-0.021 shall also apply through-
out Chapter 40D-6.
(1) "Tributaries" means the contributing streams and
other watercourses, including brooks, rills, and rivulets,
extending upstream to the point where water usually begins
to flow in a regular channel, with an alveus, or bed, and
banks or sides, or to the point where the lines of ordinary
high water marks converge, whichever extends the farthest
up-gradient.
(2) "Work of the District" means any lake or other
impoundment, or stream or other watercourse, control structure,
or other facility, owned and maintained by the District or
adopted by the Governing Board as a work of the District.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Florida. Law Implemented 373.086 FS. History -
Readopted 10-5-74. Previously numbered 16J-1.002.



74 -










40D-6.031 Implementation.
(1) Chapter 40D-6 shall continue to be implemented
throughout the entire area which remained as part of the
District after the transfer pursuant to Chapter 76-243, Laws
of Florida, which occurred at 11:59 p.m. on December 31,
1976; and shall be immediately implemented in the areas
transferred as a part of the District pursuant to Chapter
76-243, Laws of Florida, which occurred at 11:59 p.m. on
December 31, 1976. In addition, Chapter 40D-6 shall be
immediately implemented in the area transferred as a part of
the District pursuant to Chapter 78-65, Laws of Florida,
which occurred on July 1, 1978. If any provisions of
Chapter 40D-6 are inconsistent with prior rules and procedures,
the new provisions shall apply commencing July 1, 1977.
(2) The following have been declared to be "The Works
of the District" by the Governing Board of the Southwest
Florida Water Management District through the adoption of
the indicated resolutions and motions:
(a) The Hillsborough River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 63, dated October 9, 1963.
(b) The Oklawaha River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 63, dated October 9, 1963.
(c) The Withlacoochee River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 63, dated October 9, 1963.
(d) The Peace River, its natural floodway and tributaries,
connecting channels, canals, and the lakes which are regulated
by the District control structures, including their connecting
channels and canals. By Resolution No. 63, dated October 9,
1963.
(e) The authorized Green Swamp Basin reservoirs,
connecting channels, control structures, and discharge
channels below reservoirs. (Note: The land areas required
for the three (3) areas, reservoirs must be protected against
encroachment by private or public works to insure proper
functioning of the "Four River Basins, Florida" project.)
By Resolution No. 63, dated October 9, 1963.
(f) The Anclote River, its natural floodway and tribu-
taries, connecting channels, canals, and lakes. By Resolution
No. 63, dated October 9, 1963.
(g) Lake Tarpon, its connecting channels and canals,
including the Lake Tarpon Outfall Canal. By Resolution No.
63, dated October 9, 1963.
(h) Old Tampa Bay north of Courtney Campbell Causeway
and all tributary streams, channels, and canals discharging
therein. By Resolution No. 63, dated October 9, 1963.
(i) The Alafia River, its natural floodway and tributaries,
connecting channels, canals, and lakes. By Resolution No.
63-A, adopted March 17, 1965.


75 -










(j) The Little Manatee River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 63-A, adopted March 17, 1965.
(k) The Palm River and Six Mile Creek, their natural
floodways and tributaries, connecting channels, canals, and
lakes. By Resolution No. 63, dated October 9, 1963.
(1) The Pithlachascotee River, its natural floodway
and tributaries, connecting channels, canals, and lakes. By
motion adopted March 15, 1967.
(m) The Waccasassa River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
motion adopted March 15, 1967.
(n) McKay Bay north of 22nd Street Causeway, all
tributaries, channels, and canals discharging therein. By
motion adopted March 15, 1967.
(o) The Weeki Wachee River, its natural floodway,
tributaries, connecting channels and canals. By motion
adopted March 13, 1968.
(p) Lake Sloan, in Hillsborough County, together with
its natural floodways and tributaries, connecting canals and
lakes. By Resolution No. 538, dated April 10, 1974.
(q) Crystal River, its natural floodways and tributaries,
connecting channels, canals and lakes. By Resolution No.
542, dated April 10, 1974.
(r) Homosassa River, its natural floodways and tributaries,
connecting channels, canals, and lakes. By Resolution No.
542, dated April 10, 1974.
(s) Chassahowitzka River, its natural floodways and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 542, dated April 10, 1974.
(t) Bullfrog Creek, north of Big Bend Road (S.R. 672).
(u) Delany Creek, west of the eastern boundary of
Section 30, Township 29 S, Range 20 E.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
78-65, Laws of Fla. Law Implemented 373.084, 373.085, 373.086,
373.087, 373.103 FS. 78-65, Laws of Fla. History Readopted
10-5-74, Amended 7-21-77, 10-16-78. Previously numbered
16J-1.003, 16J-1.03.

40D-6.041 Permits Required. Unless expressly exempted
under Rule 40D-6.051, a permit shall be required to connect
to, withdraw water from, discharge water into, place construction
within or across, or otherwise make use of a work of the
District or to remove any facility or otherwise terminate
such activity.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Florida. Law Implemented 373.084, 373.085,
373.086, 373.103, 403.813 FS. History Readopted 10-5-74,
Amended 12-31-74, 8-2-78. Previously numbered 16J-1.051(1).


76 -










40D-6.051 Exemptions. A permit shall not be required:
(1) To remove any dock, pier, piling, or boat house.
(2) To construct, alter, or remove any pumping facility
withdrawing water from any stream, lake, or pond for individual
domestic use or for watering residential lawns and shrubs so
long as such activity does not breach or alter the bank or
shoreline or constitute a hindrance to the flow of any
stream or other watercourse which is a work of the District,
provided however, that Chapter 40D-2 shall apply to the use
of water for such purposes.
(3) To temporarily dewater an area within the limits
of a work of the District for construction, alteration, or
repair of buildings or other foundations and roadways, or
during installation, alteration, or repair of utility pipelines,
cables, culverts, and catch basins, when such temporary
dewatering will be for a period not exceeding six (6) months;
provided however, that the District shall be advised in
writing prior to commencing such activity. A permit shall
be required prior to continuation of dewatering activities
beyond the initial six (6) months period.
(4) For activities exempted from Chapter 373 permits
by Section 403.813(2), Florida Statutes, as amended by
Chapter 78-146, Laws of Florida.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Florida. Law Implemented 373.084, 373.085,
373.086, 373.103, 403.813 FS. History Readopted 10-5-74,
Amended 12-31-74, 8-2-78. Previously numbered 16J-1.051(2).

40D-6.091 Encroachment Lines.
(1) The Board, after notice and hearing, may establish
encroachment lines and prohibit or restrict construction out
into the waters in works of the District beyond such lines.
(2) Encroachment lines shall become effective upon
recording in the public records of the county wherein such
lines are located.
(3) Hillsborough River Encroachment Line.
(a) No construction will be allowed out into the
Hillsborough River, in Hillsborough County, beyond an
encroachment line which has been established by the Governing
Board for that portion of the river extending downstream
from the City of Tampa dam to the Columbus Drive Bridge.
(b) A legal description of this encroachment line has
been recorded in the Official Record Book 2047 beginning on
page 499 of the Public Records of Hillsborough County,
Florida. Aerial photo maps upon which have been shown the
location of such encroachment line have also been recorded
in the same Official Record Book beginning on page 505.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Florida. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74. Previously
numbered 16J-1.40 and 16J-1.41.
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40D-6.101 Content of Application.
(1) Permit application shall be sworn to and dated by
the applicant or his duly authorized agent and shall be
filed with the Board on forms provided by the Board which
shall include:
(a) The name and address of the applicant.
(b) The name and address of the owner or owners of the
land upon which the construction or alteration is to take
place, and a legal description of such land.
(c) Location of the work.
(d) Plans and specifications.
(e) The name and address of the person who prepared
the plans and specifications.
(f) The name and address of the person who will construct
the proposed work, when available.
(2) The Board may also require the applicant to submit
other information deemed necessary.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74, Amended
12-31-74. Previously numbered 16J-1.06(1),(2).

40D-6.121 Notice and Hearing Requirements.
(1) The Board will either issue or deny the permit
within forty-five (45) days after receipt of a completed
application, together with all supporting information requested,
or set a time for a public hearing on said application.
(2) The applicant shall be given notice not less than
ten (10) days in advance of such hearing.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74. Previously
numbered 16J-1.07.

40D-6.201 Permit Processing Fee. A permit processing
fee shall be paid to the District at the time a permit
application is filed in the amount prescribed in the schedule
set forth in Rule 40D-0.201.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Fla. Law Implemented 373.109 FS. History -
Readopted 10-5-74. Previously numbered 16J-1.061.

40D-6.301 Conditions for Issuance of Permits.
(1) To obtain a permit under Chapter 40D-1 the permitted
activity:
(a) Must be reasonable and beneficial; and
(b) Must not be inconsistent with the public interest.
(2) Issuance of a permit will be denied if the permitted


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activity:
(a) Will place fill material, or any non-water use
related structure within the mean annual floodplain of a
lake or other impoundment, or of a stream or other watercourse.
(b) Will cause significant adverse effects on lands
not owned, leased, or otherwise controlled by the applicant
by drainage or inundation.
(c) Will restrict or alter the rate of flow of a
stream or other watercourse within the floodplain of a
twenty-five (25) year flood unless the land is owned, leased,
or otherwise controlled by the applicant.
(d) Will extend beyond a line of encroachment established
by the Board.
(e) Will cause an increase or decrease in the rate of
flow of a stream or other watercourse by five percent (5%)
or more.
(f) Will cause an increase in the peak rate of flow or
total volume of storm runoff by ten percent (10%) or more
from lands owned, leased, or otherwise controlled by applicant.
(3) The Board for good cause shown may grant exceptions
to the provisions of subsection (2) above when, after
consideration of all data presented, including economic
information, it finds that it is not inconsistent with the
public interest.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74, Amended
12-31-74. Previously numbered 16J-1.06(3),(4),(5).

40D-6.331 Modification of Permits.
(1) The Board may modify a permit at any time if it
determines that the permitted work or works has become a
danger to the public health or safety or if its operation
has become inconsistent with the objectives of the District
or is in violation of any regulation or order of the District,
or the conditions of the permit.
(2) Before any such modification, the Board shall give
written notification thereof by registered or certified mail
to all affected persons. Such notification shall contain a
statement of the reasons why the permit may be modified, and
a reference to any applicable District objective, regulation,
order, or permit condition. An affected person may file a
written petition no later than ten (10) days after notice of
proposed modification is served for a hearing in accordance
with Chapter 40D-1. No permit shall be modified before an
affected person is afforded an opportunity for a hearing
before the Board.
(3) If the Executive Director determines that the
danger to the public is imminent, he may order a temporary
suspension of the construction, alteration, repair, or


79 -










operation of the work or works until the hearing is concluded,
or may take such action as authorized under Rule 40D-6.451.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74, Amended
12-31-74. Previously numbered 16J-1.11.

40D-6.341 Revocation of Permits.
(1) The Board may revoke a permit at any time if it
determines that the permitted work or works has become a
danger to the public health or safety or if its operation
has become inconsistent with the objectives of the District
or is in violation of any regulation or order of the District,
or the conditions of the permit.
(2) Before any such revocation, the Board shall give
written notification thereof by registered or certified mail
to all affected persons. Such notification shall contain a
statement of the reasons why the permit may be revoked, and
a reference to any applicable District objective, regulation,
order, or permit condition. An affected person may file a
written petition no later than ten (10) days after notice of
proposed revocation is served for a hearing in accordance
with Chapter 40D-1. No permit shall be revoked before an
affected person is afforded an opportunity for a hearing
before the Board.
(3) If the Executive Director determines that the
danger to the public is imminent, he may order a temporary
suspension of the construction, alteration, repair, or
operation of the work or works until the hearing is concluded,
or may take such action as authorized under Rule 40D-6.451.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74, Amended
12-31-74. Previously numbered 16J-1.11.

40D-6.411 Completion Report. Within thirty (30) days
after the completion of construction or alteration for which
a permit was granted by the Board, the permitted shall file
with the District a written statement of completion on the
appropriate form provided by the Board.
Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74. Previously
numbered 16J-1. 10.

40D-6.451 Emergency Authorization.
(1) Permission to begin construction, alteration,
repair, or operation of the work or works prior to the


80 -










issuance of a permit may be applied for, in writing, when
emergency conditions would justify such permission.
(2) The Executive Director may grant emergency authori-
zation pursuant to subsection (1), provided a serious set of
unforeseeable and unforeseen circumstances exists creating
such emergency. Such action shall be reported to the members
of the Governing Board as soon thereafter as practicable but
no later than the next meeting of the Governing Board for
its consideration.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Fla. Law Implemented 373.084, 373.085,
373.103 FS. History Readopted 10-5-74, Amended 12-31-74,
10-24-76. Previously numbered 16J-1.14.

40D-6.461 Inspection.
(1) During such construction or alteration of any
permitted work or works, the Board may cause to be made at
its expense such periodic inspections as it deems necessary
to insure conformity with the approved plans and specifications
included in the permit.
(2) If during construction or alteration, the Board
finds that the work is not being done in accordance with the
approved plans and specifications as indicated in the permit,
it shall give the permitee written notice stating how the
construction is not in compliance and order immediate compliance
with such plans and specifications. Failure to act in
accordance with the orders of the Board after receipt of
written notice may result in the initiation of revocation
proceedings in accordance with the provisions of Rule 40D-6.341.
(3) Upon completion of such construction or alteration,
the Executive Director shall have inspections as frequently
as deemed necessary. No person shall refuse immediate entry
or access to any authorized representative of the Board who
requests entry for purposes of such inspection and who
presents appropriate credentials.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74. Previously
numbered 16J-1. 09.

40D-6.481 Remedial and Emergency Measures.
(1) Upon completion of any inspection provided for by
Rule 40D-6.461(3), the Executive Director shall determine
what alterations or repairs are necessary, and order that
such alterations or repairs shall be made within a certain
time, which shall be a reasonable time. The owner of such
work or works shall be served with the order to make such
alterations or repairs. The owner of such work or works may
file a written petition within ten (10) days after such


81 -










order is served for a hearing before the Board in accordance
with Chapter 40D-1. If, after such order becomes final, the
owner of such work or works shall fail to make the specified
alterations or repairs, the Board may in its discretion,
cause such alterations or repairs to be made.
(2) Any cost to the District of alterations or repairs
made by it under the provisions of subsection (1) of this
section shall be a lien against the property of the landowner
on whose land the alterations or repairs are made until the
Board is reimbursed, with reasonable interest and attorney's
fees, for its costs.
(3) The Executive Director, with the concurrence of
the Board, shall immediately employ any remedial means to
protect life and property if either:
(a) The condition of any work or works is so dangerous
to the safety of life or property as not to permit time for
the issuance and enforcement of an order relative to its
maintenance or operation; or
(b) Passing or imminent floods threaten the safety of
any work or works.
(4) In applying the emergency measures provided for in
this section, the Executive Director may in,an emergency
take such other steps as may be essential to safeguard life
and property.
(5) The Executive Director shall continue in full
charge and control of such works until they are rendered
safe or the emergency occasioning the action has ceased.

Specific Authority. 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History Readopted 10-5-74.
Previously numbered 16J-1.13, 16J-1.15.





















82-











RULES
OF THE
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
CHAPTER 40D-8
WATER LEVELS AND RATES OF FLOW


40D-8.011 Policy and Purpose
40D-8.021 Definitions
40D-8.031 Implementation
40D-8.603 Management Levels for Lakes and Other Impoundments
40D-8.605 Cyclic Variations for Minimum Water Level
40D-8.611 Minimum Flood Levels
40D-8.613 Ten (10) Year Flood Warning Levels
40D-8.616 Posted Notice
40D-8.621 Operating Levels for Lakes and Other Impoundments
with Structures
40D-8.624 Schedule of Levels for Lakes and Other Impoundments

40D-8.011 Policy and Purpose.
(1) The purpose of Chapter 40D-8 is to establish
minimum flows and levels at specific locations throughout
the District.
(2) Where appropriate, minimum flows and levels may
reflect seasonal variations and may include a schedule of
variations and other measures appropriate for the protection
of non-consumptive uses of the water resource.
(3) A further purpose of Chapter 40D-8 is to establish
minimum flood levels and warning levels for surface water
which are anticipated to occur on a somewhat regular basis,
and which shall serve as a precautionary warning to all
persons who would propose to construct facilities which may
be damaged by periodic high water levels.
(4) Minimum flows and levels prescribed in Chapter
40D-8 are used as a basis for imposing limitations on withdrawals
of water and certain other activities. These limitations
are prescribed in other parts of the rules of the District.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.026, 373.042, 373.044 FS. History New
6-7-78, Amended 1-22-79. Previously numbered 16J-8.01.

40D-8.021 Definitions. The terms set forth herein
shall have the meanings ascribed to them unless the context
clearly indicates otherwise, and such meanings shall apply
throughout these rules. To facilitate easier reference,
certain terms defined by applicable statute have been included
verbatim with appropriate citation. The terms defined in
Rule 40D-0.021 shall also apply throughout Chapter 40D-8.
(1) "Management range" means the difference between


83 -











the established minimum water levels and minimum flood
levels, and represents the capability of an impoundment to
receive, carry, or store water, to preserve non-consumptive
uses of a surface water body, and within this range the
District applies and requires best surface water management
practices.
(2) "Minimum water level" means the level of surface
water at which further withdrawals would be significantly
harmful to the water resources of the area. Such level
shall be expressed as an elevation, in feet above mean sea
level, and may incorporate a low management level and an
extreme low management level, which together establish the
lower limits of the management range, to which a water body
shall be allowed to fluctuate naturally.
(3) "Minimum flood level" means the highest level to
which a surface water body shall be allowed to fluctuate
without interference except as approved by the Board for the
purpose of conserving the waters in the state so as to
realize their full beneficial use. Such level shall be
expressed as an elevation, in feet above mean sea level.
(4) "Ten (10) year flood warning level" means that
elevation, in feet above sea level, which approximates the
level of flooding expected on a frequency of not less than
the ten (10) year recurring interval, or on a frequency of
not greater than a ten (10%) percent probability of occurrence
in any given year, as determined from analysis of best
available data.
(5) "Best surface water management practice" in the
design, construction, operation, and maintenance of structures
or devices requires a consideration and evaluation of both
long-term and short-term effects of the activity upon the
water resources of the District. Factors to be considered
include the following:
(a) Conservation and proper utilization of surface
water.
(b) Prevention of damage from floods, soil erosion,
and excessive drainage.
(c) Preservation of natural resources, fish, and
wildlife.
(d) Storage -for aquifer recharge.
(e) Non-consumptive uses, including but not limited
to, navigation, recreation, and anesthetics.

Specific Authority. 373.016, 373.023, 272.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
6-7-78, Amended 1-22-79. Previously numbered 16J-8.02.

40D-8.031 Implementation.
(1) The provisions of Chapter 40D-8 of these rules
shall continue to be implemented as of May 2, 1978, within
the Hillsborough River, Northwest Hillsborough, Green Swamp,


84 -










Alafia River, Crystal-Homosassa River, Manasota,
Pithlachascotee River, Peace River, Withlacoochee River, and
Pinellas-Anclote River Basins and shall be implemented
immediately and shall apply within the area annexed into the
District by Chapter 78-65, Laws of Florida, and shall apply
as follows:
(a) Management levels of lakes and other impoundments
as prescribed herein shall become effective immediately
upon:
1. Installation of a staff gage in a prominent location
on the water body;
2. Posting of notice to the public pursuant to Rule
40D-8.616; and,
3. Publication of notice in a newspaper having general
circulation within the affected area.
(b) The extreme low management level as adjusted by
the cyclic variation shall become effective when similar
notice has been given.
(2) No management levels shall be prescribed for any
reservoir or other artificial structure which is located
entirely within lands owned, leased, or otherwise controlled
by the user, and which require water only for filling,
replenishing, and maintaining of the water level thereof,
provided however:
(a) That Chapter 40D-2 rules shall apply to the use of
water for such filling, replenishing, and maintaining of the
water level, and,
(b) That the minimum flood level pursuant to Rules
40D-8.021 and 40D-8.611 and the flood warning level pursuant
to Rules 40D-8.021 and 40D-8.613 may be established for any
lake or other impoundment determined by the Board to be in
the public interest.
(3) No management levels shall be prescribed for Lake
Manatee in Manatee County, Ward Lake in Manatee County, the
City of Tampa Reservoir on the Hillsborugh River in Hillsborough
County, and the General Development Utilities Reservoir
constructed in connection with the Southwest Florida Water
Management District's Permit Numbers 7500016, 74-172, and
"75-290 in DeSoto County.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 120.53, 373.016, 373.042, 373.044 FS.
History New 6-7-78, Amended 10-16-78, 1-22-79. Previously
numbered 16J-8.03.

40D-8.603 Management Levels for Lakes and Other Impoundments.
(1) In establishing minimum water levels, minimum
flood levels and other management levels for lakes and other
impoundments, the Board shall use the best information
available.
(2) Data from technical publications, topographic

85 -











maps, Geological Survey Water Data Reports and other studies
and records may be considered. Information may also be
obtained from aerial mapping, hydrographs, bottom contour
mapping, stage-duration curves, water quality records,
stratified beach deposits, precipitation data and other
sources.
(3) Field investigation may be used to determine past
surface levels from water marks, wetland vegetation, and dry
land vegetation, and to establish the elevation of septic
tanks, docks, seawalls, roads, and floor slabs and to secure
other pertinent information.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
6-7-78. Previously numbered 16J-8.67.

40D-8.605 Cyclic Variations for Minimum Water Level.
(1) The elevation of the minimum water level established
for a lake or other impoundment shall be lowered below the
low management level periodically to allow fluctuation
necessary for the preservation of natural resources, fish,
and wildlife, and for the protection of non-consumptive
uses. The lowered level is designated the extreme low
management level.
(2) The low management level shall be the applicable
minimum water level for such lake or other impoundment until
four (4) consecutive years have passed during which the
actual water level has failed to recede to the extreme low
management level; in which event the extreme low management
level shall become the applicable minimum water level for
the lake or other impoundment until the actual water level
recedes to or below the extreme low management level.
Whenever the actual water level recedes to or below the
extreme low management level, the applicable minimum water
level for the lake or other impoundment shall immediately be
raised once again to the low management level and the cyclic
variations shall continue.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
6-7-78. Previously numbered 16J-8.671.

40D-8.611 Minimum Flood Levels.
(1) The minimum flood level indicates the minimum
level to which high water may be expected to rise on a
somewhat regular basis and will not necessarily correspond
to any particular flood frequency. Flood waters may often
rise above the minimum flood level.
(2) Docks, seawalls, septic tanks, drain fields, floor
slabs, and other physical improvements, on land near lakes
and other impoundments for which management levels have been

86-











established, should be so located and constructed that their
function will not be impaired by rising water.
(3) No structure, improvement, or device shall be
constructed or operated in such a manner as to diminish the
capability of a lake or other impoundment to fluctuate
through the full management range established for such
impoundment.
(4) Property owners are hereby advised that compliance
with District Rules and Regulations does not relieve owners
of the responsibility of complying with other regulations
and ordinances required by local governing bodies, e.g. as
in connection with the National Flood Insurance Program.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
6-7-78. Previously numbered 16J-8.672.

40D-8.613 Ten (10) Year Flood Warning Levels.
(1) Flood warning levels are provided for a surface
water body as an advisory statement for the public interest.
Property owners, public officials and the general public are
advised that flooding on a frequency of not less than a ten
(10) year recurring interval is expected to occur at the
indicated elevation. Flood waters may often rise above the
flood warning level.
(2) Floor slabs, septic tanks and drain fields, docks,
sea walls and other physical improvements, on land near
lakes and other impoundments for which flood warning levels
have been established, should be so located and constructed
sufficiently above the flood warning level such that their
functions will be be impaired by the rising water.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
1-22-79. Previously numbered 16J-8.6721.

40D-8.616 Posted Notice.
(1) Staff gages will be installed in prominent locations
on each lake or other impoundment for which a management
range has been established. A notice shall be posted in the
immediate proximity of the staff gage indicating that management
levels have been established.
(2) The notice shall indicate the elevations of the
minimum flood level and the applicable minimum water level.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
6-7-78. Previously numbered 16J-8.673.




87 -










40D-8.621 Operating Levels for Lakes and Other Impoundments
with Structures.
(1) Schedules, levels, and procedures for operation of
lakes and other impoundments equipped with structures shall
be established by the Board.
(2) The operating range for a structure of a lake or
other impoundment shall be prescribed as that between the
high operating level and the low operating level.
(a) High operating level shall be established by the
Board in consideration of public testimony and in keeping
with the best surface water management practices.
(b) Low operating level shall be established by the
Board in consideration of public testimony and in keeping
with the best surface water management practices.
(3) A prescribed schedule for operation of all lakes
and other impoundments with structures shall be established
by the Board. The schedule will contain time sequences by
which the levels of the water body will be maintained throughout
the established management range. While recognizing the
difficulty of maintaining precise control of actual levels,
the schedule shall provide the guideline by which the operator
of the structure will attempt to maintain the prescribed
levels insofar as he has control.

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
6-7-78. Previously numbered 16J-8.677.

40D-8.624 Schedule of Levels for Lakes and Other
Impoundments.
(1) Levels for lakes and other impoundments are hereby
established as follows:

Ten (10)
Year Flood Minimum Flood Minimum Water Levels
Warning Level Level
Location of in Feet in Feet Low Extreme Low
Impoundment Above Mean above Mean Mgmt. Level Mgmt. Level
By County and Sea Level Sea Level in Feet in Feet
Basin (msl) (msl) (msl) (msl)

(a) In Charlotte
County within
the Peace River
Basin

(b) In Citrus County
within the
Crystal-Homasassa
River Basin



88 -











Ten (10)
Year Flood Minimum Flood Minimum Water Levels
Warning Level Level
Location of in Feet in Feet Low Extreme Low
Impoundment Above Mean above Mean Mgmt. Level Mgmt. Level
By County and Sea Level Sea Level in Feet in Feet
Basin (msl) (msl) (msl) (msl)

(c) In Citrus County
within the
Withlacoochee
River Basin

(d) In DeSota County
within the Peace
River Basin

(e) In Hardee County
within the Peace
River Basin

(f) In Hernando
County within
the Crystal-Homasassa
River Basin

(g) In Hernando
County within
the Pithlachascotee
River Basin

(h) In Hernando
County within
the Hillsborough
River Basin

(i) In Hernando
County within
the Withlacoochee
River Basin

(j) In Highlands
County within the
Peace River Basin

(k) In Hillsborough
County within the
Alafia River
Basin




89-











Ten (10)
Year Flood Minimum Flood Minimum Water Levels
Warning Level Level
Location of in Feet in Feet Low Extreme Low
Impoundment Above Mean above Mean Mgmt. Level Mgmt. Level
By County and Sea Level Sea Level in Feet in Feet
Basin (msl) (msl) (msl) (msl)

(1) In Hillsborough
County within the
Hillsborough River
Basin

(m) In Hillsborough
County within the
Northwest Hillsborough
Basin

(n) In Lake County
within the
Green Swamp
Basin

(o) In Levy County
within the
Withlacoochee
River Basin

(p) In Manatee County
within the
Manasota Basin

(q) In Marion County
within the
Withlacoochee
River Basin

(r) In Pasco County
within the Pithlachascotee
River Basin

(s) In Pasco County
within the
Green Swamp Basin

(t) In Pasco County
within the Hillsoborough
River Basin




90-











Ten (10)
Year Flood Minimum Flood Minimum Water Levels
Warning Level Level
Location of in Feet in Feet Low Extreme Low
Impoundment Above Mean above Mean Mgmt. Level Mgmt. Level
By County and Sea Level Sea Level in Feet in Feet
Basin (msl) (msl) (msl) (msl)

(u) In Pasco County
within the
Pinellas-Anclote
Basin

(v) In Pasco County
within the Withlacoochee
River Basin

(w) In Pinellas County
within the Pinellas-Anclote
River Basin

(x) In Polk County
within the Alafia
River Basin

(y) In Polk County
within the Green
Swamp Basin

(z) In Polk County
within the
Hillsborough
River Basin

(aa) In Polk County
within the Peace
River Basin

(bb) In Sarasota County
within the
Manasota Basin

(cc) In Sumter County
within the
Green Swamp Basin

(dd) In Sumter County
within the
Withlacoochee
River Basin

Specific Authority. 373.016, 373.023, 373.044, 373.103 FS.
Law Implemented 373.016, 373.042, 373.044 FS. History New
6-7-78, Amended 1-22-79. Previously numbered 16J-8.678.
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