Title: Copy of the proofs of the Title 40D rules
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 Material Information
Title: Copy of the proofs of the Title 40D rules
Alternate Title: Letter from Russell M. Blain to Liz Cloud, Director, Bureau of Administrative Code Dept. of State enclosing copy of the proofs of the Title 40D rules for inclusion in the Florida Administrative Code
Physical Description: 34p.
Language: English
Publication Date: October 31, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052739
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.

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LAW OFFICES
BLAIN & CONE, P.A.

L.M. BLAIN October 31, 1980 202 MADISON STREET
THOMAS E. CONE, JR. P. O. BOX 399
RUSSELL M. BLAIN TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK
206 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE, FLORIDA 32301
(904) 222-0960
Ms. Liz Cloud, Director
Bureau of Administrative Code
Department of State REPLY TO: Tampa
The Capitol
Tallahassee, Florida 32304

Re: Title 40D, FAC -- Rules of the
Southwest Florida Water
Management District

Dear Liz:

In accordance with your request, staff members of the Southwest
Florida Water Management District have reviewed the proofs of
the Title 40D rules for inclusion in the Florida Administrative
Code. I am enclosing a copy of the proofs, in the form you sent
them, with corrections indicated in pencil.

Thank you for giving us the opportunity to review the proofs and
for making the necessary corrections before publishing the rules.

If you have any questions about the corrections suggested by the
District or if we can assist any further in publication process,
please let me know.

Sincerely yours,

/s/ RUSSELL M. BLAIN

Russell M. Blain

RMB/mb
Enclosure
cc: Jay T. Ahern, Esquire

bcc: LMB








LAW OFFICES
BLAIN & CONE, P.A.

L.M. BLAIN October 31, 1980 202 MADISON STREET
THOMAS E. CONE, JR. P. O. BOX 399
RUSSELL M. BLAIN TAMPA, FLORIDA 33601
GARY A. GIBBONS (813) 223-3888
FRED A. McCORMACK
206 SOUTH MONROE STREET
P. O. BOX 10449
TALLAHASSEE, FLORIDA 32301
(904) 222-0960
Ms. Liz Cloud, Director
Bureau of Administrative Code
Department of State REPLY TO: Tampa
The Capitol
Tallahassee, Florida 32304

Re: Title 40D, FAC -- Rules of the
Southwest Florida Water
Management District

Dear Liz:

In accordance with your request, staff members of the Southwest
Florida Water Management District have reviewed the proofs of
the Title 40D rules for inclusion in the Florida Administrative
Code. I am enclosing a copy of the proofs, in the form you sent
them, with corrections indicated in pencil.

Thank you for giving us the opportunity to review the proofs and
for making the necessary corrections before publishing the rules.

If you have any questions about the corrections suggested by the
District or if we can assist any further in publication process,
please let me know.

Sincerely yours,

/s/ RUSSELL M. BLAIN

Russell M. Blain

RMB/mb
Enclosure
cc: Jay T. Ahern, Esquire

bcc: LMB









Supp. No. 118 'GENERAL CHAPTER 40D-0
RULES

OF THE ---
SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 40D-0

GENERAL


40D-0.001 Description of Organization two (2) counties only, or wholly contained in one (1)
40D-0.011 Policy and Purpose county, shall have boards of three (3) members.
40D-0.021 Definitions (6) The member of the Governing Board
40D-0.061 Basins representing the basin or representing the area including
40D-0.071 Meetings and Workshops the basin shall serve as ex officio chairman of the basin
-40D-0.081 Agendas and Notices water management board. The ex officio chairman shall
40D-0.101. Content of Application preside at all meetings of the basin water management
40D-0.201 Permit Processing Fee board, except that the vice chairman may preside in his
40D-0.381 Limiting Conditions absence. The ex officio chairman shall have no official vote
except in case of a tie vote being cast by the members, but
40D-0.001 Description of Organization. shall be the liaison officer of the District in all affairs in
(1) The Southwest Florida Water Management the basin and shall be kept informed of all such affairs.
District was created by Chapter 61-691, Laws of Florida, Each basin board shall choose the vice chairman and
as a public corporation for carrying out and effectuating secretary to serve for a period of one (1) year.
the provisions of Chapter 378, Florida Statutes. Other (7)(a) The District maintains a headquarters for all
than as provided in Chapter 61-691, Laws of Florida, the District and Basin matters at its offices on U.S. 41, seven
District operates under and is governed by provisions of (7) miles south of Brooksville, Florida, or by mail to 5060
Chapter 373, Florida Statutes. U.S. Highway 41, South, Brooksville, Florida 33512. The
(2) The District boundaries presently encompass all public may obtain information or make submissions or
or part of sixteen (16) counties as listed below: requests in person at District headquarters or by mail to
the above address. Telephone service is maintained in the
Charlotte Manatee Brooksville exchange area. Current telephone numbers
Citrus Marion are listed in the telephone directories.
DeSoto Orange (b) Branch offices, temporary field offices and
Hardee Pasco operations' centers are maintained throughout the
Hernando Pinellas District for greater efficiency, especially relating to
Hillsborough Polk acquisition, construction, maintenance, and operation.
Lake Sarasota (c) The District maintains office hours at its
Levy Sumter headquarters Monday through Friday of each week,
except for officially sanctioned holidays, from 8:00 a.m.
(3) Works of the District are to be constructed, until 5:00 p.m.
owned, and maintained and operated by the Governing (8) All forms and instructions used by the District
Board of the District. relating to all procedures other than internal-
(a) The District has assumed responsibility for administrative and ministerial have been approved by the
planning, constructing, and operating necessary water Governing Board and are set forth in full in Rule
management works in the Peace River Basin wherein the 40D-1.901. The nature and requirements of all formal and
Peace River Valley Water Conservation and Drainage informal procedures are set forth throughout these Rules
District had authority prior to its abolishment, in the respective chapters.
(b) The District has assumed responsibility as local Specific Authority 373.044, 373.113. 373.149, 373.171 FS. Iaw Implemented
sponsoring agent to cooperate with the United States in 373.169 FS, 76-243, 61-691, Laws of Florida. H.istory-Readopted 10-5-74.
the manner provided by Congress for the construction, Amended 12-31-74, 10-24-76. 7-21-77. Previously numbered 16J-0.001(ol-48).
operation, and maintenance of the Four River Basins, 40D-0.011 Policy and Purpose. The purpose of these
Florida project. rules and regulations is to implement the declared water
(4) All of the, area of the District has been policy of the Southwest Florida Water Management
subdivided by the Governing Board into watershed basins District and the State of Florida by effecting the
as described in Rule 40D-0.061. By resolution the maximum beneficial utilization, development, and
Governing Board may change the boundaries of the conservation of the water resources of the District in the .
watershed basins except the Green Swamp watershed best interest of its people and to prevent the depletion,
basin to correct inequities or to create new watershed deterioration, waste, and unreasonable use of the
basins or sub-watershed basins, resources. Pursuant to this purpose, rules and regulations A *
(5) The Governing Board of the District controls are hereby established to control and regulate the waters
the Green Swamp watershed basin. All other watershed within the geographical boundaries of the District to
basins are under the control of basin water management carry out the intents and purposes of the' Florida Water -M)ip
boards composed of one (1) representative from each of Resources Act of 1972, as amended.
the included counties in the basin who are appointed by Specific Authority. 373.044. 373 113, 373.149. 373.171 VS. Law Implemented
the Governor. Watershed basins, including all or part of 373.016 FS. History--Readopted 10-5-74, Previously numbered 16J-0.01.



it











S 40D-0.021 Definitions. The terms set forth herein (16) "Reservoir" means any artificial or natural
shall have the meanings ascribed to them unless the holding area iwhicbl contains or will contain the water
context clearly indicates otherwise, and such meanings impounded by a dam. Section 373.403(4) Florida Statutes.
shall apply throughout these Rules. To facilitate easier (17) "Stream" means any river, creek, slough, or
Reference, certain terms defined by applicable statute natural watercourse.
have been included herein with appropriate citation. (18) "Water" or "waters in the District" means any
STerms which apply.to only one (1) chapter of these Rules and all water on or beneath the surface of the ground or in
are defined in the respective chapter. the atmosphere, including natural or artificial
(1) "Act" means the Florida Water Resources Act watercourses, lakes, ponds, or diffused surface water and
of 1972,0as amended, together with all provisions of water percolating, standing, or flowing beneath the
Chapter 373, Florida Statutes, relating to Water surface of the ground, as well as all coastal waters within
Management Districts and any amendments thereto the jurisdiction of the District.
which may be made from time to time. (19) "Water Regulatory District" means the
(2) "Aquifer" means a hydrologic unit which Southwest Florida Water Management District
consists of a geologic formation, a related group of (Regulatory) created October 30, 1968, pursuant to
Formations, or only part of a formation, which is saturated authority of Chapter 373, Florida Statutes.
With water and capable of transmitting usable quantities Specific Authority. 373.044, 373.113, 373.149. 373.171 FS. Law Implemented
of water to wells or springs. 373.019, 373.403. 373.339 FS. Ilistory-Readopted 10-5-74. Amended 12-31-74.
(3) "Board" means the Governing Board. Previously numbered 16J0.02.
(4) "Consumptive use" means any use of water 40D-0.061 Basins.
which reduces the supply from which it is withdrawn or
diverted. Text of rule omitted.
(5) "District" means the Southwest Florida Water P i
Management District. f*Specific Authority 373.0,11. 373.113, 373.149. 373.171 FS. Law Implemented
(6) "Domestic use" means any use of water for 373.0693 FS. 62-691 and 78-65, Laws of Florida. IliRtory-Readopted 10-5-74,
individual personal needs or for household purposes such Amended 94-77, 10-16-78, Previously numbered 16.1-0.003. ( O D
as drinking, bathing, heating, cooking, or sanitation. 40D-0.071 Meetings and Workshops. -r
Section 373.019(7) Florida Statutes. (1) Meetings of the Board will be held on a regular
(7) "Executive Director" means the Executive monthly basis, usually at the District headquarters, or at
Director of the District or the person designated by the J such other time, date, and place as announced by the
Board to act in his absence. Chairman. Special meetings will be held on call of the
(8) ':Governing Board" means the Governing Chairman or at the request of two (2) Board members.
Board of Southwest Florida Water Management District. (2) Regular monthly meetings of the Governing
(9) "Impoundment" means any natural or man- Board will be held on the first Wednesday of each month
made lake, reservoir, pond, or other containment of water at District headquarters commencing at 9:30 A.M., unless
occupying a bed or depression in the earth's surface and announced to the contrary at the previous regular
having a discernible shoreline. monthly meeting. Regular monthly meetings may be held
(10) "Minimum rate of flow" means the limit at at other times only after publishing notice thereof not less
which further withdrawals from a stream or other than ten (10) days prior to such meeting. There will be a
watercourse would be significantly harmful to the water workshop meeting of the Board on the day preceding each
resources or ecology of the area. monthly meeting, unless announced to the contrary at the
(11) "Minimum level" means the level of the water previous regular monthly meeting.
table or of the potentiometric surface of water in an (3) Special meetings of the Governing Board may
aquifer or the level of surface water at which further be held to consider specifically enumerated matters on call
withdrawals would be significantly harmful to the water of the Chairman and upon preparation of an agenda for
resources of the area. such meeting and notification to Board members not less
(12) "Other watercourse" means any canal, ditch, than seven (7) days in advance of such meeting. Notices of
or other artificial watercourse in which water usually such meetings shall be given to representatives of the
flows in a defined bed or channel. It is not essential that news media and to such other persons as have requested
the flowing be uniform or uninterrupted. Section such notice or who are directly affected by the subject of
373.019(13) Florida Statutes. such meeting. Special meetings may be called by the
(13) "Otherwise control" means any contractual Chairman on less than seven (7) days notice if the
right, rental agreement, license, or permit from an owner Chairman finds that conditions warrant such short notice,
which an applicant has to exercise authority over certain provided that public notice and notice to Board members
property, especially insofar as it relates to the water of a minimum of twelve (12) hours shall be given and that
resources of the property, the Board shall ratify the findings of the Chairman for the
(14) "Person" means any and all persons, natural or short notice.
artificial, including any individual, firm, association, (4) Meetings of basin water management boards <, ,
organization, partnership, business trust, corporation, will be held on a regular basis, as determined by the
company, the United States of America, and the State and respective basin boards, at times, dates, and places set by ':.
all political subdivisions, regions, districts, municipalities, the respective ex officio chairman or vice chairman in his i:
and public agencies thereof. The enumeration herein is not absence. Special meetings will be held on call of the basin .
intended to be exclusive or exhaustive. Section 373.019(6) board ex officio chairman or vice chairman in his absence. '
Florida Statutes. (5) Meetings of all basin boards shall be announced '
(15) "Reasonable-beneficial use" means the use of at the regular monthly meetings of the Governing Board ',(f
water in such quantity as is necessary for economic and and shall be scheduled by the Chairmen of the respective
efficient utilization for a purpose and in a manner which is basin boards. Special meetings may be held in the same
both reasonable and consistent with the public interest, manner as prescribed for holding special meetings of the .
Section 373.019(5) Florida Statutes. Governing Board. ,:,




9 5C

r_~a~7p~?-- II- --rI









S^ chK4- b- C)

S Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Law Implemented identified as to location or should include a location plan.
373.0693. 373.079. FS., 61-691, Laws of Florida. Hiistory-Readopted 10-5-74, Cross sections and elevations shall be included where
Amended 12-31-74. 10-24 76. Previously numbered 16J-0.30(2).(7).(8),(4).(9). applicable.
40D-0.081 Agendas and Notices. (7) Location plans should locate the points of
(1) Agendas shall be prepared by the Executive installation, construction, withdrawal, discharge or use by
Director, after consultation with the Chairmen of the referencing to section lines, roads, or other obvious and
respective boards, (or each meeting, hearing, or workshop, permanent landmarks.
which agendas shall be prepared at least seven (7) days (8) The plan and cross section or elevation shall
before the meeting, and made available for distribution on clearly portray the construction in its relationship to the
request of any interested persons. Such agendas shall channel and/or right-of-way. Certain elevations must be
contain the items to be considered in the order of designated to facilitate processing of the application.
presentation. After an agenda has been made available, These are: canal bottom elevations, water surface
change shall be made only for good cause as determined elevation and ground elevation expressed in mean sea
by the Chairman of the Board. Any member of the level (msl.). The elevation of the low member of a bridge
Governing Board or of a respective basin board may place span must be shown. For overhead wire crossings and in
an item on an agenda if the request is made to the the case of water or gas lines, low member elevation must
Executive Director not less than seven (7) days prior to also be indicated on the drawing.
the meeting. Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Law Implemented
n n n n g n 373.085. 373.106. 373.116, 373.216. 373.229. 373.246. 373.249. 373.413.
(2) Any request to place an item on an agenda at a 373.416 FS. istory-Readopted 10-5-74, Amended 10-24-76. Previously
meeting of the Board or of a basin board shall be numbered 16J-0.10, 16J-0.11.
submitted not less than ten (10) days prior to the meeting.
(3) The Board will maintain a current mailing list 40D-0.201 Permit Processing Fee. A permit
for the purpose of mailing board meeting notices to all processing fee is required and shall be paid to the District
persons making such request in writing. when certain applications are filed pursuant to these
(4) The Board will maintain separate mailing lists Rules except when the applicant is a department agency,
for the respective basin boards for the purpose of mailing public body, body politic, or political subdivision of the
basin board meeting notices to all persons making such State of Florida. This fee is for the purpose of helping
request in writing. defray the costs of processing, notices, advertising, and
(5) Mailing lists will be maintained by the District mailing required in connection with consideration of such
for the purpose of giving notice of all meetings. Separate applications. If an application is for a combination of
lists will be maintained for Governing Board meetings and permits under one or more chapters, payment of only one
for meetings of each of the respective basins. Names will fee shall be required.
be placed on such lists upon written request mailed to the (1) The fee for an application for a permit for
District. Periodically such lists will be purged after consumptive use of water pursuant to Chapter 40D-2 shall
written notice. i be... $10.00
Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Law Implemented (2) No fee shall be required for an application for a
373.0693. 373.079, FS., 61-691, Laws of Florida. History-Readopted 10-5-74. permit for construction of a well pursuant to Chapter
Amended 12-31-74, 10-24-76, Previously numbered 16J-0.30(11).(6),(3),5),(10). 40D-3 or to Chapter 16CC, Florida Administrative Code.
40D-0.101 Content of Application. (3) The fee for an application for a permit for
(1) The various application for permit forms can be activities relating to management and storage of surface
obtained from the Southwest Florida Water Management waters pursuant to Chapter 40D-4 shall be ...... $10.00
District. Specific Authority. 373.044. 373.113. 373.149. 373.171 FS. Law Implemented
District. 373.085. 373.219. 373.339. 373.413. 373.416 FS. History- Ieadopted 10-5-74,
(2) Each application form will be given an Amended 12-31-74. 10-24-76. 721-77. Previously numbered 16J-O.111.
identifying number when received by the District.
(3) Any. application which has not been completed 40D-0.381 Limiting Conditions.
and upon which fees or deposits have not been paid within (1) All permits issued pursuant to these Rules are
six (6) months is subject to rejection, provided notice of contingent upon continued ownership, lease, or other
proposed rejection is mailed to applicant not less than ten control of property rights in underlying, overlying, or
(10) days prior to such rejection. adjacent lands, and are covenants running with such
(4) The original file containing the application with lands.
accompanying attachments, the order, permit or permit (2) A permit may be assigned to a subsequent
agreement issued, transcript of the proceedings and all owner subject to all terms and conditions contained in
exhibits shall be maintained in the File of Record at such permit upon notification in writing to the Board of
District Headquarter. Any person may inspect the File of I such assignment, provided ownership, lease, or other
Record at all reasonable times. Any person seeking to control of all such lands is conveyed to the assignee and
intervene, oppose or appeal from any Recommended further provided that the assignee, by accepting such
") Order or Final Order shall file the original pleading on the assignment, does assume responsibility for complying
1 ( Staff Attorney for placing on File or Record and a copy on with all such terms and conditions. The Board may
".- the District's Board Counsel, together with copies on all withhold its approval of the permit assignment if it has
other parties of record, been demonstrated to the Board that the assignee has i
(5) All drawings and sketches submitted with failed to properly manage another such facility within the
applications shall be on letter size (8V{@ x 11M) paper, or of District.
a size that can be folded to 8' x 1l uch as 1 lx .17or (3) If only a part of such lands is so conveyed, or if .'
S1 @)x 22 .Three copies ote edra'WTng must be proved. the ownership, lease, or other control is divided, such
If )x '_ x size, one must be of black line type capable of permit shall immediately terminate unless the terms of
being photo-cOpied. If larger than 8V x 1 drawings are the permit are modified by the Board. 4 ^
used, one must be the original drawing or a reproducible. 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.
(6) Drawings shall be to scale or properly and Previously numbered 16J-0.12.
adequately dimensioned. A drawing or sketch shall be : !











i 40D-0.381 Limiting Conditions. assignment, does assume responsibility for complying
S (1) All permits issued pursuant to these Rules are with all such terms and conditions. The Board may.
contingent upon continued ownership, lease, or other withhold its approval of the permit assignment if it has
control of property rights in underlying, overlying, or been demonstrated to the Board that the assignee has
adjacent lands, and are covenants running with such failed to properly manage another such facility within the
lands. District.
(2) A permit may be assigned to a subsequent (3) If only a part of such lands is so conveyed, or if
Sooner subject to all terms and conditions contained in the ownership, lease, or other control is divided, such
such permit upon notification in writing to the Board of permit shall immediately terminate unless the terms of
Such assignment, provided ownership, lease, or other the permit are modified by the Board.
Control of all such lands is conveyed to the assignee and Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Law Implemented
Further provided that the assignee, by accepting such 373.085. 373.219. 373.339. 373.413, 373.416 FS. listory-IReadopted 10-5-74,
Previously numbered 16J-0.12.





I ._ J -



Supp. No. 1s8 PROCEDURAL CHAPTER 40D-1

RULES

OF THE

I SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 40D-1

PROCEDURAL


,40D-1.121 Notice and Hearing Requirements order, has arisen before any wrong has actually been
:40D-1.181 Declaratory Statements committed.
40D-1.371 Reapplying for Permits (4) The Governing Board may at its discretion, or
40D-1.391 Bonds upon request, hold a hearing to dispose of a petition
40D-1.601 Minimum Rates of Flow and Levels submitted pursuant to this section.
40D-1.901 Forms and Instructions (5) A Governing Board order disposing of the
petition shall be rendered at the next regular monthly
40D-1.121 Notice and Hearing Requirements. meeting of the Governing Board held not less than
(1) Whenever in these Rules the publication of any twenty-one (21) days after receipt of the petition; provided
notice, process, or paper is required or provided for, unless however, if a hearing is granted, the Governing Board
J otherwise expressly provide the publication thereof in order disposing of the petition shall be rendered at the
some newspaper or newspapers as defined in Chapter 50, regular monthly meeting of the Governing Board
Florida Statutes, having general circulation within the following the hearing conclusion, if the meeting was
area to be affected shall be taken and considered as being conducted before the Governing Board; otherwise, the
sufficient. Governing Board order will be rendered at the next
(2) Unless otherwise provided herein, all hearings regular monthly meeting of the Governing Board held not
before the Board required under these Rules shall be less than fourteen (14) days after the recommended order
conducted in accordance with the provisions of Chapter is received by the Executive Director for distribution to
120, Florida Statutes. all members of the Governing Board.
(3) Unless otherwise prescribed by law or in these Specific Authority 373.044, 373.113 3.73.149. 373.171 FS. Law Implemented
Rules, the Executive Director, or any Governing Board 373.169 FS, 76-243. 61-691. ,Laws of Florida. Historv-leadopted 10-5-74,
member, with the concurrence of the Chairman of the Amended 12-31-74, 10-24-76. 7-21-77, Previously numhberd 16.1-0001(10).
member, with the concurrence of the Chairman of the .
Governing'Board, shall determine whether each hearing 40D-1.371 Reapplying for Permits. When an
shall be conducted before the Governing Board, before a application for a permit has been denied, a new application
member of the Governing Board, or before a Hearing for such permit shall not be resubmitted within six (6)
'Officer assigned by the Division of Administrative months of such denial unless the applicant can show
Hearings of the Department of Administration of the substantial change in conditions or unless the permit
State of Florida. If any member of the Board objects to applied for is substantially modified.
such determination, the matter will be presented to the Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented
SBoard for further consideration. All hearings will be 373.085. 373.219. 373.339, 373.413, 373.416 FS. History-Readopted 10-5-74.
conducted pursuant to Chapter 373, Florida Statutes, and Previously numbered 16J-0.14.
to these Rules and, in the absence of applicable provisions 40D-1.391 Bonds.
herein, pursuant to the provisions of the Administrative (1) The Board may require the applicant for a
SProcedure Act. permit to furnish a bond made payable to the District and
Specific Authority 373.014. 373.113, 373.149. 373.171 FS. Law Implemented its successors, with a reputable bonding corporation
373.146 FS. listory--Readopted 10-5-74. Previously numbered 16J-0.20, authorized to do business in this State as surety,
16J-0.301). 16J-0.001(9).
conditioned upon full compliance with the terms of the
40D-1.181 Declaratory Statements. permit, including the proper construction, operation, and
(1) Any person may appear before the Board in i maintenance of works of the District existing or planned.
person or by representative to request a declaratory The amount of the bond shall be in such amount as the
statement as to the applicability of any statutory Board shall determine to be adequate.
provision or of any rule or order of the agency or may file a (2) In the alternative to subsection (1), the Board
written petition with the District. may require liability insurance in such amount as the
(2) The petition shall set forth the following: Board shall determine endorsed in favor of the District or
(a) Name of petitioner, a hold harmless agreement satisfactory to the Board.
(b) Address of petitioner. (3) The Board may require that such bond or ,'
(c) District rule on which declaratory statement is liability insurance be maintained as a condition of the
sought. continued validity of the permit.
(d) Description of how this rule affects or does not Specific Authority 373.044. 373.113, 373.149. 373.171 FS. law Implemented
affect petitioner's rights, privileges, and immunities. 373.085. 373.219. 373.339. 373.413. 373.416 FS. Hlistory-Readopted 10-5-74,.
(e) Signature of petitioner. Previously numbered 16J-0.13.
(f) Date signed. 40D-1.601 Minimum Rates of Flow and Levels.
(3) A declaratory statement is a means for (1) In establishing minimum rates of flow and levels "",'
determining the rights of parties when a controversy, or and regulatory levels, the Board shall use the best ;. '
when doubt concerning the applicability of any rule or information and method available and will consider the


r i.:









h n G -\ |18
protection of existing, as well as future consumptive uses each calendar year (provided no two (2) levels shall be
of water so as to promote the conservation, development, ,taken from the same calendar month) for the preceding
and proper utilization of water while preventing damage ten (10) years. The determination shall be based on
from floods, soil erosion, and excessive drainage. When available data, or in the absence of such data, it shall be
deemed appropriate, a schedule of rates of flow and levels established by reasonable calculations approved by the
Smay be established'to reflect seasonal or cyclic variations. Board.
The Board will also consider, and at its discretion may (5) Unless otherwise deemed appropriate by the
provide for, the protection of nonconsumptive uses, Board, a regulatory level for a confined aquifer at a given
including navigation, recreation, and the preservation of point shall be established generally to limit the rate of
natural resources, fish, and wildlife, movement of water from the water table at the boundary
(2) Unless otherwise deemed appropriate by the of the land owned, leased, or otherwise controlled by an "
Board, the minimum rates of flow at a given point on a applicant for a consumptive use permit or at the "
stream or other watercourse shall be established by the boundary of an equivalent area based on the configuration
Board for each month, January through December. of the cone of depression caused by the proposed location
Minimum rates of flow shall be established as nl and operation of the well or wells.
S -- percent4-70%).low shall -be--establthed-a follows: For (a) Such regulatory level shall be determined by
!each month, the five (5) lowest monthly mean discharges takin the minimum level of the water table plus three /)
for the preceding twenty (20) years shall be averaged. feet(3j) or such other adjustment as deemed appropriate (
,Minimum rates of flow shall be established as seventy by t Board, and subtracting the head difference
percent (70%) of these values for the four (4) wettest required to pass the water crop from the water table to the
months and ninety percent (90%) of these values for the confined aquifer. Such head difference is the water crop
remaining eight (8) months. The determination shall be divided by the leakance coefficient of the confining bed.
based on available data, or in the absence of such data, it The water crop, in the absence of data to the contrary, is
shall be established by reasonable calculations approved 0.0229568 gallons per day per square foot.
by the Board. (b) The elevation of the potentiometric surface at
/I such point shall be measured cumulatively throughout the
(3) Unless otherwise deemed appropriate by the production year. At no time shall the cumulative weekly
Board, the minimum levels of water of a given lake or average elevation be lower than the regulatory level and
other impoundment or at a given point on a stream or at no time shall the weekly average elevations of the
other watercourse Il be established by the Board and I potentiometric surface of the Floridan Aquifer be more
0 shall be one foot-b)elow the average of the five (5) than five feet (5 ) below the regulatory level. /
j/ lowest water levels in each calendar year (provided no two Specific Authority 373.04.4. 373.113. 373.149, 373.171 FS. Law Implemented
) (2) levels shall be taken from the same calendar month) for 373.042. 373.339 FS. History-Readopted" 10-5-74, Amended 12-31-74.
the preceding ten (10) years. The determination shall be Previously numbered 16J-0:15.
based on available data, or in the absence of such data, it 40D-1.901 Forms and Instructions. The following
shall be established by reasonable calculations approved forms and instructions have been approved by the
by the Board. Governing Board and may be obtained from District
S (4) Unless otherwise deemed appropriate by the headquarters.
Board, the minimum level of the water table at a given I
point shall be established by the Board and shall be three See existing Rules for copies of the forms' ---- 't
;feet (31 below the average of the five (5) lowest levels in
y1 Note Previously numbered 16J-0.40.




















: :'

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.. .., _-....
.~ ..-..-~ -. ~ ...I ~ I------ .----- "--*'*i-- i









Supp. No. 118 INDEX CHAPTER 40D-2

O RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 40D-2

INDEX


40D-2.011 Policy and Purpose (d) If the withdrawal is from a combination of wells
40D-2.031 Implementation or of other facilities or of both, having a combined
40D-2.041 Permits Required capacity of more than one million (1,000,000) gallons per
40D-2.051 Exemptions day.
40D-2.101 Content of Application (2) Such program was also implemented
"40D-2.111 Notice of Application Form immediately and applied commencing August 3, 1977,
40D-2.121 Notice and Hearing Requirements within the areas annexed into the Peace and
40D-2.131 Times for Receiving Objections and for Withlacoochee River Basins and within the -,
Hearing Manasotfi Basin.
40D-2.201 Permit Processing Fee (3) Such program shall further be implemented
40D-2.301 Conditions for Issuance of Permits immediately and shall apply within the area annexed into
40D-2.311 Competing Applications the District by Chapter 78-65, Laws of Florida.
40D-2.321 Duration of Permit Specific Authority 373.044. 373.113. 373.149, 373.171. 373.216. 373.249 FS.
40D-2.331 Modification of Permits Law Implemented 373.219, 373.223. 373.224, 363.226 FS. 78-65. Laws of
40D-2.341 Revocation of Permits Florida. listory--Readopted 10-5-74. Amended 9-4-77, 10-16-78, Previously
40D-2.361 Renewal of Permits numbered 16J-2.03.
40D-2.381 Limiting Conditions 40D-2.041 Permits Required.
40D-2.401 Identification Tags (1) New Uses.
40D-2.441 Temporary Permits (a) A consumptive use permit must be obtained
40D-2.501 Permit Classification from the Board before withdrawal of water shall be
. 40D-2.511 Declaration of Water Shortage commenced for quantities set forth in Rule 40D-2.031
S40D-2.521 Change, Suspension, or Restriction of hereof.
Permits During Water Shortage (b) Such permit may be obtained by submitting an
40D-2.531 Procedures Under Water Shortage application in writing as provided in these Rules.
40D-2.541 Declaration of Emergency Due to Water (2) Existing Uses.
Shortage (a) All uses of water existing within the area
40D-2.801 "Water Use-Caution" Areas described in subsection (1) of Rule 40D-2.031 prior to
January 1, 1975 in the quantities set forth in Rule
40D-2.011 Policy and Purpose. The purpose of 40D-2.031, which uses are not otherwise exempted from
Chapter 40D-2 of these rules and regulations is to regulation by these Rules or by the provisions of Chapter
implement the declared water policy of the Southwest 373, Florida Statutes, have been considered to be existing
Florida Water Management District and the State of uses and were allowed to be continued through December
Florida relating to the consumptive uses of water. 31, 1976 without a consumptive use permit. Commencing
Specific Authority 373.044, 373.113. 373.149, 373.171, 373.216, 373.249 FS. January 1, 1977, such use may only be continued if a
Law Implemented 373.219 FS. History-Readopted 10-5-74, Previously consumptive use permit has been obtained or if an
numbered 163-2.01. Ioruto uar 1,r1977 has slending.
numbered 16J-2.01. application for a consumptive use permit has been made
40D-2.031 Implementation. prior to January 1, 1977 and is still pending.
(1) A program for issuance of permits authorizing (b) All uses of water existing within the area
the consumptive use of water was implemented described in subsection (2) of Rule 40D-2.031 prior to
commencing January 1, 1975 within the Hillsborough August 3, 1977 in the quantities set forth in Rule
River, Northwest Hillsborough; Green Swamp, Alafia 40D-2.031, which uses are not otherwise exempted from
River, Crystal-Homosassa River, Pithlachascotee River, regulation by these Rules or by the provisions of Chapter
Peace River, Withlacoochee River, and Pinellas-Anclote 373, Florida Statutes, will be considered to be existing
River Basins; and permits are required for the withdrawal uses and will be allowed to be continued through August
of water: 2, 1979, or until such other time as may be prescribed by
(a) If the withdrawal during any single day is to order pursuant to the provisions of Rule 40D-2.511,
exceed one million (1,000,000) gallons or if the average without a consumptive use permit, after which date such '
annual daily withdrawal is to exceed one hundred use may only be continued if an application for a V^.
thousand (100,000) gallons average per day on an annual consumptive use permit has been made and is still
basis, pending. .:
(b) If the withdrawal is from a well having an inside (c) All uses of water existing within the area '
-N diameter of six inches,6@ or more. described in subsection (3) of Rule 40D-2.031 prior to '
(ll (c) If the withdraw^ equipment or other facility has September 6, 1978, in the quantities set forth in Rule
a capacity of more than one million (1,000,000) gallons per 40D-2.031, which uses are not otherwise exempted from
day. regulation by these Rules or by the provisions of Chapter


S, S.
...6 ,,,











373, Florida Statutes, will be considered to be existing diversion of the water, including the estimated size of
uses and will be allowed to be continued through drop or intake pipe, the size pump, and the size motor.)
September 5, 1980, or until such other time as may be (e) The place and area where the water is to be used.
prescribed by order pursuant to the provisions of Rule (If for irrigation, describe the acreage to be irrigated, the
401-2.511, without a consumptive use permit, after which method of irrigation to be employed, and the crops to be
date such use may only be continued if ari application for a irrigated.)
consumptive use permit has been made and is still (f) The location of the point of withdrawal or
n ig diversion.
d) *Permits for such continued use shall be issued (g) An accurate legal description of the land owned,
by the Board for initial periods as provided in Rule j leased, or otherwise controlled by the applicant, together
40D-2.321 and will be issued by the Board if the existing with an accurate survey or sketch to scale showing the
use is a reasonable-beneficial use and is allowable under boundaries of such property and the location of the point
the common law of this State. of withdrawal or diversion. Also show the locations and
(3) All uses of water, whether with or without a descriptions of any other existing wells or other
permit, are subject to the provisions of Rule 40D-2.511. withdrawal or diversionary facilities on the property,
(4) Increased Use. (2) An Affidavit of Ownership setting forth the
(a) Increasing the quantity of water used will be names and mailing addresses of, all owners of real .,
considered to be a new use. property, as taken from the latest t rolls, together with
(b) The amount of the new use will be the net the names and addresses of any new owners not yet placed
difference between the increased amount used and the upon the tax rolls but of which applicant has actual
amount formerly used. knowledge, whose property is located within the distances
Specific Authority 373.044. 373.133, 373.149. 373.171. 373.216. 373.249 FS. prescribed below, shall be attached to and become a part
Law Implemented 373.219. 373.223. 373.224. 373.226 FS. 76-243. Laws of of the permit application:
Florida. History-Rendopted 10-5-74. Amended 12-31-74. 10-24-76. 9-4-77. (a) If the permit applied for is to use water to be
10-16-78, Previously numbered 16J-2.04(1l.(2),(4.)(5). withdrawn from a lake or other impoundment, as defined
40D-2.051 Exemptions. in Rule 40D-0.021, having a water surface of 80 acres or
(1) No permit shall be required for domestic Iless, all riparian owners of lands adjoining such lake or
consumption of water by individual users, but the Board other impoundment shall be included. If such water
I shall presume, unless otherwise shown to the contrary, surface is in excess of 80 acres, all riparian owners along
that any use of water exceeding the quantities set forth in the shoreline, extending for 660 feet in each direction from
Rule 40D-2.031 is not limited to such domestic the points where the lateral boundaries of applicant's
consumption and is thereby not exempt by this provision, property intersect the shoreline, shall be included.
(2) No permit shall be required for any holder of a (b) If the permit applied for is to use water to be
permit or permit agreement for consumptive use of water withdrawn from a stream or other watercourse, as defined
i executed or issued prior to July 1, 1973 by the Board or by in Rule 40D-0.021, and the withdrawal is for not more than
the Board of Southwest Florida Water Management 'five million gallons during a single day (5MGD), all
SDistrict (Regulatory) so long as such permit or permit riparian owners of lands within 660 feet upstream and
Agreement shall remain in full force and effect, provided within 1,320 feet downstream from the points where the
the holder of such permit or permit agreement shall apply extreme lateral boundaries of the applicant's property
'for and obtain a permanent permit tag bearing a use intersect with the shoreline, shall be included; if such
identification number, which tag shall be displayed as withdrawal is for more than five million gallons during a
prescribed in Rule 40D-2.401. Nothing herein shall be single day (5MGD), all such owners of lands within 1,320
construed to prevent the Board from modification or feet upstream and within 2,640 feet downstream from
revocation thereof as otherwise provided for. A well such points shall be included.
Construction permit, shall not be construed to be a (c) If the permit applied for is to use water to be
Iconsumptive use permit. withdrawn from a well or combination of wells, all owners
consumptive use permit.'
Specific Authority 373.044. 373.133. 373.149. 373.171. 373.216. 373.249 FS. of property within the distances prescribed below as
Law Implemented 373.219, 373.223, 373.224, 373.226 FS. 76-243. Laws of measured from the well or wells, or at the option of
I Florida. History-Readopted 10-5-74, Amended 12-31-74, 10-24-76. 9-4-77. applicant, all owners of property contiguous with or
10-16.78. Previously numbered 16J-2.04(3). within the distances prescribed of the boundaries of
40D-2.101 Content of Application. i applicant's property, shall be included:
(1) Permit application shall be sworn to and dated I
by the applicant or his duly authorized agent and shall be Distance Distance from
filed with the Board on forms provided by the Board (Witlfdrawwel property boundary amounts
which shall include: 1. If the. T l
(a) The name and address of the applicant and of withdrawal during
the owner or owners, if other than applicant. any single day is
(b) The maximum amount of water to be withdrawn to exceed
per year and during any single day and the maximum 1,000,000 gallons ,
amounts to be consumptively used per year and during but not more than .
any single day. 5,000,000 gallons
(c) The source of the water supply (if the water is or ; 1
from a lake, or impoundment, stream or other if the withdrawal
watercourse, the name generally given to the source by is to exceed ,..,
"the people in the vicinity; if the water is from an aquifer, 100,000 gallons
this fact shall be stated on the application), average per day l;
(d) The use to be made of the water and any on an annual basis, ''
,limitations thereon. (Applicant shall describe the nature but not more than .
of the proposed use, the method of withdrawal or 500,000 gallons ,fe"
average 660 feet 100 feet ',, rw


-9.











2. If the may be considered together with objections filed thereto
withdrawal during 'without holding a hearing. Alternate no. 2 -- Applications
any single day is for one hundred thousand (100.000) gallons per day or
to exceed more may be approved, after proper investigation by the
5,000,000 gallons District staff, without a hearing if no objections are filed
but not more than to said application; but when objections are filed to an
i10,000,000 gallons. application a hearing will be held at ',.- on
or ( before a Hearing Officer at
if the withdrawal (P ) ,Florida.
is to exceed Specific Authority 373.044. 373.113. 373.149. 373.149, 373.171, 373.216,
500,000 gallons 373.249 FS. Law Implemented 373.116. 373.229 FS. llistory-Readopted
average per day 10-5-74. Amended 10-24-76, Previously numbered 16J-2.07.
on an annual basis 40D-2,121 Notice and Hearing Requirements.
but not more than (1) The Board shall cause the Notice of Application
1,000,000 gallons 1,320 feet 200 feet to be published once a week for two (2) consecutive weeks
S in a newspaper having general circulation within the
3. If the affected area.
', ,3' withdrawal during (2) The Board shall cause copies of the Notice of
S "\ any single day is Application to be mailed to all owners of real property set
to exceed forth in the Affidavit of Ownership required in Rule
",10,000,000 gallons 40D-2.101(2). Such notification shall be sent by certified
or mail return receipt requested, posted not later than the
if the withdrawal first date of publication.
is to exceed (3) The Board shall cause copies of such Notice of
1,000,000 gallons Application to be mailed to persons who have filed written
average per day requests within the immediately preceding six (6) months
n an annual basis for notifications of any pending applications affecting the
2,640 feet 400 feet particular designated area. Such notification shall be sent
by regular mail posted not later than the first date of
(3) The Board may require a supplemental Ipublication.
Affidavit of Ownership to encompass a larger area than (4) The Board may cause notices to be posted in
specified in subsection (2). prominent locations at or near the locations of withdrawal
(4) The Board may require such additional and if the withdrawal during any single day is to exceed
information as deemed necessary, which shall become part ten million (10,000,000) gallons average per day on an
of the application, annual basis, the Board shall cause not fewer than two (2)
(5) Upon specific request of an applicant for a such notices to be posted not later than the first date of
permit as provided herein, the Board may waive or modify publication of the Notice of Application. Notices to be
the provisions of subsection (2) requiring an Affidavit of posted shall be in substantially the following form:
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. -NOTICE ...
Law Implemented 373.229 FS. History--Readopted 10-5-74, Amended Application has been made to the Southwest Florida
SWater Management I)istrict for a consumptive use permit
40D-2.111 Notice of Application Form. Upon to withdraw water at or near this location and is on file at
receipt of the completed permit application, the Board will i the District office. Any objections must be received no
prepare a Notice of Application which shall be water than __ .
Substantially the following form: Board of Governors
-- A j Southwest Florida Water
"TNotice of Application for ., M S management F District
Sa Consumptive Use Permit for Water 5060 U.S. Highway 41 South
\ inm O-- ,X-J County Brooksville, Florida 33512
SSpecific Authority 373.044. 373.113. 373.149. 373.171. 373.216. 373.249 FS.
Southwest Florida Water Management District has Law Implemented 373.116, 373.229 FS. History-Readopted 10-6-74,
^ received an, Application for a Consumptive Use Permit Amended 10-24-76, Previously numbered 16J-2.08.
S frpm ( fi a, J .... for the 40D-2.131 Times for Receiving Objections and for
consumptive use of waterf6T not more t a--n Hearing. The deadline for receiving objections to the
gallons of water per day on an average annual basis and application shall be a day not sooner than fourteen (14)
not more than _____ gallons of water during any single days after the date of first publication of the Notice of
day to be withdrawn from ) located at Application required in Rule 40D-2.121; the date of
., in ql, ,: hearing shall be a day not sooner than seven (7) days after
.peeae,.S &9s ( ': t-.. C r4 Vy. T-%)-t , , such deadline.
Objectives may be filed with -Southwest Florida Water Specific Authority 373.044. 373.113. 373.149. 373.171. 373.216,. 373.249 FS.
Management District on U.S. 41, seven (7) miles south of Law Implemented 373.116. 373.229 FS. History--Readopted 10-5-74.
Brooksville, Florida 33512, and must be received by the Previously numbered 16J-2.09. .
Board not later than A hearing will be held 40D-2.201 Permit Processing .Fre. A permit ":"
at (4 ',- on .j .. Ito consider the application, processing fee shall be paid to the District at the time a
"TiTh aitipplication is oTle at the District office and permit application is filed in the amount prescribed in the
available for inspection. Alternate no. 1 -- Applications for j schedule set forth in Rule 40D-0.201 S
less than one hundred thousand (100,000) gallons per day R 'B

________ :I-E&--d^ir j.;p


O '-f -f K ^ 1 ^,1' ^










Specific Authority 373.044, 373.113. 373.149. 373.171, 373.216. 373.249 FS. review and revision in the light of changed conditions.
Lmw Implemented 373.109. 373.223 FS. History-Readopted 10-5-74, However, all legal uses of water existing January 1, 1975,
SPreviously numbered 16J-2.10. will be protected so long as such use is not contrary to the
40D-2.301 Conditions for Issuance of Permits. public interest.
(1) The intended consumptive use: 7 (8 In considering applications for permits under
(a) Must be a" reasonable/beneficial use. this Rule, the portion of water consumptively used will be
(b) Must be consistent with the public interest, determined based on available data, or in' the absence of
(c) ,Vill not interfere with any legal use of water such data, it shall be established by reasonable
existing at the time of the application, calculations approved by the Board.
(2) fsuance of a permit will be denied if the (a) Permits for withdrawal of water from an area
withdrawal of water: owned, leased, or otherwise controlled by an applicant to
(a) Will cause the rate of flow of a stream or other be used on such area to irrigate fruit trees, seed and plant
- v, atercoure to be lowered below th ..... beds, vegetables, other food crops, and forage crops,
Established by the Board. .. --- ---- including pasturage, and to irrigate nursery stock,
"-" ^ (bf Will cause the level of the potentiometric 'including ornamental plants, trees and shrubs, will be
V surface to be lowered below the regulatory level i issued if there is no surface runoff from the area from such
established by the Board. irrigation. If surface runoff occurs, the amount of the
(c) Will cause the level of the surface of water to be runoff shall be the primary consideration in determining
lowered below the minimum level established by the the amount of consumptive use.
Board. (b) Permits for water to be applied to plants, trees
(d) Will significantly induce salt water and shrubs, and to nursery stock, including ornamental
encroachment. plants, trees, and shrubs, and fish farming ponds, as a
S (e) Will cause the water table to be lowered so that direct means of frost or freeze protection during time
the lake stages or vegetation will be adversely and when temperatures are below or. near freezing, will be
significantly affected on lands other than those owned, issued even though such application may cause temporary
leased, or otherwise controlled by the applicant. surface runoff.
(3) The withdrawal of water: (c) Permits for removing water from fish farming
(a) From a stream or other watercourse must not ponds periodically for the primary purpose of harvesting
reduce the rate of flow by more than five percent (5%) at the fish or for treating, reconditioning, or restocking such
Sthe time and point of withdrawal. I ponds, and for filling or maintaining such ponds, will be
(b) Must not cause the level of the potentiometric issued without considering such activity to be a
I surface under lands not owned, leased, or otherwise consumptive use of water.
S control ed by the applicant to be lowered more than five (d) Water removed during temporary dewatering
('-) feet (K' for construction of buildings or other foundations and
S(c) Must not cause the level of the water table under roadways, or during installation of utility pipelines,
Islands not owned, leased, or otherwise controlled by the cables, culverts and catch basins, will not be considered to
) applicant to be lowered more than three feet(.3*.) be consumptively used.
(d) Must not cause the level of the surface of water i Flow metering devices will not be required to be
in any lake or other impoundment to be lowered more than installed at applicant's expense when all the water to be
(/ one foot ,l unless the lake or impoundment is wholly withdrawn will be used for irrigation or for frost or freeze
i owned, leased, or otherwise controlled by the applicant. protection. The Board may supply and install such
(e) Must not cause the potentiometric surface to be devices for the purpose of testing and monitoring
lowered below sea level. !methods of applying water but the cost of such activity
8 J The Board for good cause shown may grant shall be born by the District.
exceptions to the provisions of subsections (2), (3),J4 and i (0) Before a consumptive use permit is issued,
S()Q) of this rule when after consideration of all data consideration will be given to the lowest quality water
presented, including economic information, it finds that it which the applicant has the ability to use. If it is
is consistent with the public interest, determined that the applicant can use lower quality water,
S5 () The Board may condition the granting of a that such water is available, and that the use of such
permit so as to require: water is consistent with subsection (1) of this rule, the
(a) Notification of the date on which withdrawals consumptive use permit will be issued only for the useof
are commenced with such notification to be postmarked the lower quality water.
no later than five (5) days after the date of such /011c ) Statement of Policy Relating to Water Crop.
commencement. (a) The assumed size of the water crop throughout
(b) Installation of flow metering or other measuring the District specified in Rule 40D-2.301(3) is based upon
devices, the best data available. The actual water crop for a
(c) Reports of withdrawals on forms to be provided, specific area may be significantly larger or smaller than
i which shall be submitted within the times prescribed, the assumed amount.
S(d) Installation of observation wells or other (b) The actual amount of the water crop for a
:monitoring facilities and may establish regulatory levels, particular area depends upon rainfall and
(e) Future reductions in withdrawals or diversions, evapotranspiration rates, which vary from area to area
provided the schedule of any such reductions or 'within the District.
i withdrawals shall be set forth specifically on the face of (c) Permit applicants should not deem themselves
Sthe permit. entitled as of right to cons ptlvely use up to 365,000--- '
S, (;) The Board may reserve water from use by gallons per year per acre of land. .Y
;permit in such locations and quantities, and for such I Specific Authority 373.014. 373.113. 373.119. 373.171 VS.'Law Implemented
seasons of the year, as in its judgment may be required for 373.219, 373.223. 373.229 "S. Ilistorv-,endopted 10-5-74, Amended
the protection of fish and wildlife or the public health and 2-31-74. 2-6-78, 7-578. Previously numbered 16J2.11. I-2.1. ,,
safety. Such reservations shall be subject to periodic .









S-3 1^c2 J- 4-ob-&
40D-2.311 Competing Applications. (1) For any material false statement in an
(1) If two (2) or more applications for permits, which ; application to continue, initiate, or modify a use, or for
otherwise comply with these rules and regulations and any material false statement of fact required of the user
with any requests and instructions by the Board, are pursuant to the provisions of this chapter, the Board may
pending-for a quantity of water that is inadequate for both permanently or temporarily revoke the user's permit, in
i or all, or which for any other reason are in conflict, the whole or in part.
Board shall have the right to approve or modify the (2) For willful violation of the conditions of the
applications in a inanner which best serves the public permit, the Board may permanently or temporarily revoke
interest as determined by the Board. the permit, in whole or in part.
(2),In the event that two (2) or more competing (3) For violation of any provision of this chapter,
applications qualify equally under the provisions of the Board may revoke the permit, in whole or in part, for a
Ssubsection (1), the Board will give preference to a renewal period not to exceed one (1) year.
Application over an initial application. (4) The Board may revoke a permit, permanently
Specific Authority 373.044, 373.113. 373.149. 373.171. 373.216. 373.249 FS. and in whole, with the written consent of the permitted.
Law Implemented 373.233 FS. History--Readopted 10-5-74, Previously Specific Authority 373.044. 373.133. 373.149. 373.171. 373.216. 373.249 FS.
n numbered 16.1-2.15.
numbered 16J-2.12. ,Law Implemented 373.243 FS. lljitory--Readopted 10-5-74, Previously
40D-2.321 Duration of Permit. numbered 16J-2.15.
(1) Unless otherwise provided herein, each Specific Authority 373.044. 373.113. 373.149. 373.171, 373.216, 373.249 FS.
consumptive use permit issued within five (5) years from Law Implemented 373.239 FS. llistory-Readopted 10-5-74. Previously
the date of implementation as set forth in Rule 40D-2.031, numbered 16J-2.14(2).
shall terminate upon the expiration of six (6) years from 40D-2.380 Limiting Conditions.
such date of issuance or at such earlier date as may be (1) (a) Augmentation. Notwithstanding the
determined by the Board and set forth on the face of the provisions of any consumptive use permit heretofore
Permit. Consumptive use permits issued after expiration issued, whenever the actual level of the water surface of a
of five (5) years from such date of implementation shall lake or other impoundment is above the applicable
terminate upon the expiration of six (6) years from date of minimum water level established and posted for such
issuance or at such earlier date as may be determined by impoundment pursuant to Chapter 40D-8, no further
the Board. ground water withdrawal shall be made for the purpose of
(2) Any first renewal permit issued, whether augmenting that impoundment.
otherwise modified or not, shall terminate upon the (b) Surface water withdrawals. Notwithstanding
expiration of twenty (20) year periods or for such lesser the provisions of any consumptive use permit, heretofore
Periods as may be determined by the Board and set forth issued,, whenever the actual level of the water surface of a
on the face of the permit, lake or other impoundment is at or below the applicable
(3) Any subsequent renewal permits shall be minimum water level established and posted for such
granted for twenty (20) year periods or for such lesser impoundment pursuant to Chapter 40D-8, no further
periods as may be determined by the Board and set forth surface water withdrawal or other diversion shall be made
on the face of the permit. from that impoundment until the actual level of the
(4) Nothing herein shall preclude or otherwise stop water's surface rises above the applicable minimum water
the Board from terminating, revoking, or temporarily level posted.
suspending any permit as authorized in these Rules or as (c) Ground water withdrawals. Notwithstanding
provided on the face of the permit. the provisions of any consumptive use permit heretofore
(5) Board may authorize a permit of duration of up issued, whenever the actual level of the water surface of a
to fifty (50) years in the case of a municipality or other lake or other impoundment is at or below the applicable
governmental body or of a public works or public service minimum water level established and posted for such
corporation where such a period is required to provide for impoundment pursuant to Chapter 40D-8, and it has been
e to4,e Qf ne'retir ent'or bonds for the construction of waterworks demonstrated that withdrawals from nearby wells create
or waste disposal facilities. a significant impact upon surface water levels of said lake
(6) Notwithstanding the provisions of subsection or other impoundment, then withdrawals from such wells
(1), the Board, for good cause shown may grant an initial may be limited by the Board so as to minimize such
permit for a period of time not to exceed twenty (20) years, impact.
where such period is required to provide for the (2) The Board may grant specific exceptions to
amortization of bonds or other indebtedness incurred in subsection (1) above if, after consideration of all data
connection with long range capital expenditures. presented, including economic information, the Board
Specific Authority 373.044. 373.113. 373.149. 373.171. 373.216, 373.249 FS. determines that no significant permanent harm to the
Law Implemented 373.236 FS. Ilistory-Readopted 10-5-74. Amended water resources of the area would occur.
1231-74, 10-24-76. Previously numbered 16J-213. (3) The limitations set forth in subsection (1) above
40D-2.331 Modification of Permits. A permitted apply only to withdrawals of water and consumptive uses
i may seek modification of any of the terms and conditions for which permits, under this chapter, are required.
of an unexpired permit. Such modification shall be sought Specific Authority 373.044. 373.149. 373.171 FS. Law Implemented 373.339
by filing an application in the same manner and under the FS. History-New 6-7-78., Previously numbered 16J-2.112.
same provisions currently required for initial permit 40D-2.401 Identification Tags. "
!applications. (1) When a consumptive use permit is issued, the
specific Authority 373.044. 373.113. 373.1491 373.171 373.216. 373.249 FS. Board will issue a permanent tag bearing a use
Law implemented 373.239 FS. History-Readopted 10-5-74, previously .,.
.numbered 16J-2.14(1). identification number, which tag shall be prominently !
displayed at the site of withdrawal by permanently aff ing) ( j
40D-2.341 Revocation of Permits. The Board may, such tag to the pump, headgate, valve, or bthet( I':.
at any time after notice and hearing, revoke a permit as withdrawal facility. If the consumptive use permit covers
follows: 4'


.. ,,











Several facilities such as a well field, a tag will be issued for (1) Each permit shall be given one (1) or more of the
each facility, following classifications as to source:
(2) Failure to display a permit tag as prescribed (a) Aquifers
herein shall constitute a violation. of these Rules and may (b) Streams or other watercourses
be grounds for suspension or revocation of the permit. The (c) Lakes or other impoundments
permitted shall be'allowed ten (10) days after notice to (2) Each permit shall, in addition to a source
obtain a replacement tag. Upon failure of the permitted to i classification, be given one (1) or more of the following
display .uch tag within ten (10) days, the Board may classifications as to use:
cause the replacement of such tag and charge the (a) Attractions Application of water to golf
permitteeone hundred dollars ($100) for such service, courses, cemeteries, parks, and public attractions.
'Specific Authority 373.044, 373.113. 373.149. 373.171, 373.216. 373.249 FS. (b) Domestic Domestic use includes uses for
,Law Implemented 373.219, 373.223, 373.224. 373.226 FS. individual personal needs or for household purposes such
i Iistory--lealoprted 10-5-74, Previously numbered 16J-2;05. .
I as drinking, bathing, heating, cooking, or sanitation.
40D-2.441 Temporary Permits. (c) Essential service Essential service use
(1) The Board, or the Executive Director, may issue includes use by fire departments, hospitals, or other
a temporary permit, authorizing the consumptive use of emergency services.
particular quantities of water, pending the granting or (d) Industrial Industrial use includes those many
denial of an application for consumptive use permit, uses wherein the water serves the purposes of
provided that: manufacturing, commerce, trade, or industry.
S (a) An application for consumptive use permit, (e) Irrigation Application of water to fruit trees,
meeting the requirements of subsections (1) and (2) of Rule crops, pastures, and nursery stock.
40D-2.101, has been filed and final action on it has not (f) Lawns Application of water to lawns and
Been taken; shrubs.
(b) It appears to the Board, or the Executive (g) Livestock and other animals Livestock and
Director, that the proposed temporary use of water: other animals use includes uses for domestic and
1. Is a reasonable -beneficial use as defined in commercial livestock and other animals including fish
Section 373.019(5), Florida Statutes; and .farming.
2. Will not interfere with any presently existing (h) Mining Mining use includes uses wherein the
legal use of water; and water is applied for the extraction, transportation, or
3. Is consistent with the public interest; processing of minerals.
(c) 'It appears to the Board, or the Executive (i) Perishable food processing Perishable food
D director, that such consumptive use of water is necessary processing use includes industrial uses involving the
Prior to final action on the pending application; and processing of perishable food.
(d) The applicant acknowledges that issuance of the (j) Power Power use includes use for the
temporary permit does not in any way commit the Board production of electric power.
to ultimately issue the permit requested in the pending (k) Recreational Recreational use includes use for
application. water-oriented recreation, including but not limited to,
(2) All temporary permits issued by the Board, or fishing, boating, and swimming.
by the Executive Director, pursuant to this rule, shall (3) The listing of the classifications above does not
expire on the day following the next regular meeting of establish any priority ranking between classes.
the Board unless extended at such meeting. At each Specific Authority 373.014. 373.113. 373.149. 373.171, 373.216. 373.249 FS.
regular meeting the Board shall review each such Law implemented 373.246 FS. ilistory-Headopted 10-5-74. Amended
temporary permit and consider whether it still appears to 12.31.74. Previously numbered 1.1216.
meet the criteria described in subsection (1) above. The 40D-2.511 Declaration or water Shortage. '-)
SBoard may refuse .to extend such temporary permit (1) The Board by order may declare that a water
further should it appear to the Board that: shortage exists within all or part of the District when
(a) Any of such criteria is no longer met; or [insufficient water is available to meet the needs of the
(b) Adverse effects are occurring as a result of users or when conditions are such as to require temporary
water use under the temporary permit; or reduction in total use within the area to protect water
(c) The water authorized to be used under such resources from serious harm.
permit is no longer required by the permit holder. (2) The Board may impose such restrictions on one
(3) All temporary permits issued by the Board, or (1) or more users of the water resources as may be
by the Executive Director, pursuant to this rule, may be necessary to protect water resources of the area from
i summarily extended by the Board for subsequent periods serious harm.
iof time, none of which shall extend beyond the day (3) Upon declaring a water shortage, the Board
following the next regular meeting of the Board. shall prepare a Notice of Water Shortage, which shall be
(4) The notice and hearing requirements within substantially in the following form: /
; Section 373.116(2) and Chapter 120, Florida Statutes, are /.
i not required prior to the issuance or extension of Notice of Water Shortage r
temporary permits under this rule. \ and Notice of Hearing
(5) No action taken by the Board, or by the ;Notice' is hereby given that the Governing Board of .."
Executive Director, shall stop, or be construed to stop, Southwers Florida Water Management District did on A? .
i the Board from subsequently denying the application for ____ by Order declare that a water shortage exists
,consumptive use permit. within 44,he-wtateehetiaga.xists awiti. that part of the .t
Specific Authority 373.044. 373.113, 373.149. 373.171 FS. Law Implemented District described as Such
373.229. 373.244 FS. History-New 11-6-79, Previously numbered 16,J-2.25. declaration is issued pursuant to Section 3"73.175, Florida
40D-2.501 Permit Classification. For the purpose of Statutes, as amended. Publication of this Notice shall
developing a water shortage plan, each permit shall be serve as notice to all users in the area of the condition of
classified according to source and use. water shortage and that pursuant to law, the Governing ;.





'Jt..

S ... ... -- ... "' ,-- ---- -.- ,-. ,,.. -= __ ."-- ---".... _
*TC A. ^3^^^^- -






Si .." / / ... ,. .




'Board nlay impose such restrictions on one (1) or more existence of such an emergency and requiring that such
users of the water resources as may be necessary to action, including but not limited to, apportioning,
protect theAd water resources of the area from serious rotation, limiting, or prohibiting the use of the water
harm./ resources of the District, be taken as the Executive
, 4 :/ All users of the water resources from this area, including Director, with the concurrence of the Governing Board,
those persons served by public water systems operated deems necessary to meet the emergency.
by, t together with the users located Specific Authority 373.044. 373.113. 373.149, 373.171. 373.216. 373.249 FS.
Within tQie area described, are urgently requested to Law Implemented 373.246 FS. listory--Readopted 10-5-74. Previously
;reduce consumption of water to the greatest extent numbered 16.1-2.24.
Possiblee* 40D-2.801 "Water Use-Caution" Areas.
Cr .Notice' is further given that the Governing Board of (1) The District may declare and delineate from
Southwest Florida Water Management District will hold a time to time, and may modify, "water use-caution" areas
!hearing to consider staff reports and other testimony within certain hydrologic areas within the District where
affected at each of its regular meetings and at any special it finds that the use of ground water or surface water, or
meetings called for such purpose so long as a water both, requires coordination and limited regulation for
shortage exists within the area described. You are further protection of both the public interest and the water
advised that said Board holds regularly scheduled resources of the State.
Meetings commencing at .(" on the'c'Ae4 dAy) of (2) A "water use-caution" area is one where the
:each month at its official headquarters on U.S. 41 located District finds that the aggregate uses of water in or
approximately seven (7) miles south of Brooksville at affecting said area:
which times the Governing Board of Southwest Florida (a) Have developed or threatened to develop to a
Water Management District will consider the matter of degree which requires coordination and regulation; or
,water shortage in the area and take such actions and (b) Detrimentally exceed or threaten to exceed, or
impose such restrictions as may be deemed necessary. The otherwise threaten or impair, the renewal or
next two (2) regularly scheduled meetings will be held on, replenishment of such waters or any part of them.
Sfr ) and ("'7 (3) The Governing Board of the District may
Every reasonable effort will be made to give notice declare and delineate "water use-caution" areas in
of any special meeting to all persons who file written accordance with the following procedures: C.
t requests for same with the District. (a) Whenever the Governing Board believes the
)^ cS <^ Southwest Florida Water Management District "water use-caution" situation exists or may be emerging
SSpecific Authority 373.044. 373.113. 373.149. 373.171, 373.216. 373.249 FS. in any area of the District, it may direct investigations
ILaw Implemented 373.246 FS. History--Readopted 10-5-74. Previously and reports thereon.
numbered 16'1-2.20, 16.J-2.21.
number -2.20,16-2.21. (b) Such reports may include findings and
40D-2.521 Change, Suspension, or Restriction of recommendations as to whether the water use problems of
Permits During Water Shortage. The Board shall notify the area involve surface waters, ground waters, or both;
leach permitted in the District by certified mail of any whether effective measures can be employed to either
!change in the condition of his permit or any suspension of surface water or ground water, or both; and whether
his permit or of any other restriction on his use of water timely action by any agency or person may preclude the
for the duration of the water shortage. The address used need for regulation. The report may also include such
for such mailing shall be the latest address supplied in other findings and recommendations deemed appropriate,
writing by permitted to the Board; otherwise the address including recommended boundaries for a "water use-
Sstated on the permit application shall be used. caution" area that may be proposed.
Specific Authority 373.044. 373.113, 373.149. 373.171. 373.216. 373.249 FS. (c) If the Governing Board finds, following its
Law Implemented 373.246 FS. History-Readopted 10-5-74, Amended review of the report, that a "water use-caution" area is
10-24-76, Previously numbered 16J-2.23. declared, the declaration shall include a delineation of the
40D-2.531 Procedures Under Water Shortage. boundary of said hydrologic area, and the District may
When a water shortage is declared, the Board shall prepare proposed orders or regulations commensurate
cause notice thereof to be published in a prominent place with the degree of control needed.
within a newspaper of general circulation throughout the (d) If the Governing Board finds that a "water use-
area. caution" area is not to be declared and that by timely
Such notice shall be published each day for the first localized actions it can prevent the need for area-wide
week of the shortage and once a week thereafter until the regulations, it may prepare proposed regulations or orders
declaration is rescinded. Publication of such notice shall to be applied in the area.
serve as notice to all users in the area of the condition of (4) Following the declaration of a "water use-
water shortage. caution" area, the Governing Board may prepare
Specific Authority 373.044. 373.113. 373.149, 373.171, 373.216. 373.249 FS. proposed orders or regulations to be applied in said area,
Law Implemented 373.246 FS. History-lteadopted 10-5-74, Previously containing such of the following provisions as the
numbered 16J-2.22. Governing Board.finds appropriate concerning the use of
40D-2.541 Declaration of Emergency Due to Water surface waters or ground waters, or both:
Shortage. If an emergency condition exists due to a water (a) Provisions requiring water users who use in
shortage within any area of the District and the Executive excess of one hundred million (100,000,000) gallons per
Director, with the concurrence of the Board, finds that the year within the area to submit reports not more
exercise of powers under the water shortage plan under frequently than at thirty (30) day intervals concerning
Rule 40D-2.511 is not sufficient to protect the public quantity of water used or withdrawn, sources of water,
health, safety, welfare, the health of animals, fish, or nature of water use, and eventual disposal.of used waters.
aquatic life, a public water supply, or recreational, (b) With respect to surface waters, ground waters,
commercial, industrial, agricultural, or other reasonable or both: Provisions concerning the timing of withdrawals, it,
uses, he may, pursuant to the provisions of Chapter. 120, provisions to protect against or abate salt water ', ',
Florida Statutes, issue emergency orders reciting the encroachment or other deterioration of quality; provisions :.









... -ir ^ ~"----------- -- -----------7 -- """ -







*h4OW



to protect against or abate unreasonable adverse effects (e) Provisions requiring ground water users to pay
Son other water users within the area and the water for design, construction, construction supervision, and
resources of the State. perpetual operation and maintenance costs of works
(c) With respect to ground waters: Provisions required to divert excess surface waters to the users' area
concerning well spacing and well construction controls; of ground water withdrawal. The diversion of surface
and provisions establishing a range of prescribed waters and construction of facilities for such diversions
pumping levels (elevations below which water may not be must first be approved by the District and upon
pumped) or maximum pumping rates, or both, in wells or completion of construction, such works will be operated
for the aquifer or for any parts thereof based on the and maintained by the District.
capacitiesand characteristics of the aquifers. (5) Following the preparation of any proposed
(d) Provisions requiring that no water user shall orders or regulations, the District may conduct one (1) or
withdraw; divert, obtain, or utilize surface waters or more public hearings to receive evidence and testimony on
ground waters, or both, as the case may be, in excess of the proposed orders or regulations.
one hundred million (100,000,000) gallons per year without I Specific Authority 373.044, 373.149. 373.171 FS. Law Implemented 373.339
written authorization from the District. FS. istory-Readopted 10-5-74. Previously numbered 16J-3.30.


















































,* .. :




^,I









Supp. No. I18 REGULATION OF WELLS CHAPTER 40D-3

I RULES

OF THE

SOUTHWEST FLORIIA WATER

MANAGEMENT DISTRICT

CHAPTER 40D-3

REGULATION OF WELLS


40D-3.011 Policy and Purpose (1) "Water well" means any artificial hole in the
40D-3.021 Definitions ground, on submerged or unsubmcrged land, having a
40D-3.031 Implementation. '&
40D-3.031 Implementation diameter of not less than two inches (2@)or more than one ---*
40D-3.041 Permits Required hundred twenty inches (120@} hnd intended to produce or /2D /
,40D-3.051 Exemptions accept water or to search for water. This definition
40D-3.091 Registration of Drillers. Contractors, and includes but is not limited to the following: water table
Engineering Testing Laboratories wells; artesian wells; water resources test and observation
40D-3.092 Refusal, Suspension, or Revocation of wells; water disposal wells; water recharge or repressuring
Registration and Forfeiture of Bond wells; and water level control or drainage wells.
40D-3.101 Content of Application (2) "Certified professional geologist" means any
40D-3.201 Permit Processing Fee person with expertise in chemistry, geology, or geological
40D-3.301 Conditions for Issuance of Permits engineering acquired by professional education and
40D-3.321 Duration of Permit practical experience, and who is certified (registered) by
40D-3.341 Revocation of Permits the American Institute of Professional Geologists.
40D-3.411 Completion Reports (3) "Contractor" means any person, corporation, or
40D-3.451 Emergency Authorization other legal entity providing water well construction or
40D-3.461 Inspection test or foundation hole construction, who or which has in
40D-3.701 Construction Standards its employ one (1) or more water well drillers or test or
foundation hole drillers.
40D-3.011 Policy and Purpose. (4) "Engineering testing laboratories" means any
(1) The purpose of this part is: corporation or partnership engaged in gathering data for
S(a) To codify, with only slight modification, those engineering and/or geophysical or geological exploration,
Rules presently contained in Chapter 16CC, Florida or for prospecting for minerals or products of mining or
Administrative Code, heretofore promulgated by quarrying and interpreting data so obtained for use of
Southwest Florida Water Management District their clients and holding a certificate of authorization
(Regulatory). This water regulatory district was created *from the Florida State Board of Engineering Examiners,
pursuant to the authority of Chapter 373, Florida as prescribed in Chapter 471, Florida Statutes.
Statutes, prior to the enactment of the Water Resources (5) "Florida State Board of Engineering
Act of 1972. Part I of the existing Rules is set forth Examiners" means a State board created and established
hereinafter as Rules 40D-3.021, -3.041, 3.051, -3.091, by Chapter 471, Florida Statutes, to carry out the
-3.092, -3.101, -3.201, -3.301, -321, -3.341, -3.411, -3.451, provisions relating to professional engineers.
and --3.461. Part II of the existing Rules is set forth as (6) "Gang well" means a system where two (2) or b |-
Rule 40D-2.801. more water @elsi)are coupled together with a common
(b) To enforce regulations promulgated by the header or manifold.
Department of Natural Resources relating to construction (7) "Registered professional engineer" means any
I standards. This provision is set forth hereinafter as Rule person who is certified (registered) by the Florida State
40D-3.71. Board of Engineer Examiners, as prescribed in Chapter
(2) Policy. It shall be the policy of the Board to 471, Florida Statutes, entitled "Professional Engineers "
ascertain that all water wells within the District are (8) "Test or foundation hole" means an artificial
located, constructed, maintained, used, and closed, and all hole in the ground drilled, bored, cored, washed, or jetted,
test or foundation holes are constructed, used, and closed the intended use of which includes obtaining data for
so as to protect the water resources within said District in engineering and/or for geophysical or geological
accordance with the purposes of these rules and exploration; prospecting for minerals or products of
regulations, mining or quarrying; not for the purposes of either
Specific Authority 373.044, 373.149, 373.171 FS. Law Implemented 373.339 producing or disposing of water.
FS. History-Readopted 10-5-74. Previously numbered 16J-3.01. 16J-3.06(1). (9) "Test or foundation hole construction" means ,
40D-3.021 Definitions. The terms set forth herein the making or producing of test or foundation holes, '
shall have the meanings ascribed to them unless the including the construction, alteration, or repair thereof as .
context clearly indicates otherwise and such meanings ,set out in subsection (8) above. d m'ife
shall apply throughout Chapter 40D-3 of these rules and (10) "Test or foundation hole driller" means any
regulations. The terms defined in Rule 40D-0.021 shall 'person, who constructs, alters, or repairs test or
* also apply throughout Chapter 40D-3. The terms defined foundation holes. l .;'''
in Section 373.303, Florida Statutes, if inconsistent, shall (11) "Test or foundation hole driller trainee" means ,
not apply to Chapter 40D-3 pursuant to Section 373.339, any person, who is not qualified for registration as a test ., t :! ;
Florida Statutes. !or foundation hole driller, who helps construct, alter, or .. ., ..-




S.5









C jh 4cLi I)

repair test or foundation holes under the direct (b) The Governing Board may, upon application by
supervision of a registered test hole or foundation driller, the person required to obtain a consumptive use permit,
while gaining the experience and learning the skills needed for good cause shown, grant exception to the above
to qualify for registration, requirement, if the Board finds that the granting of such
(12) "Water well construction" means the making exception is consistent with the public interest; however,
or producing of anywater well, including the construction, in granting an exception, the Board may impose such
alteration, or repair thereof. conditions as may be necessary to protect and preserve
(131 "Water Well driller" means any person who the water resources of the area, and to assure compliance
:constructs, alters, or repairs water.wells. with applicable laws and the rules of the Southwest
(14 "Water well driller trainee" means any person Florida Water Management District.
not qualified for registration as a water well driller who (c) Notwithstanding the provisions of paragraphs
helps construct, alter, or repair water wells under the (a) and (b), the Governing Board may authorize the
direct supervision of a registered water well driller while Executive Director to issue permits for construction,
gaining the experience and learning the skills needed to repair, or modification of any well when:
qualify for registration. 1. The well to be constructed, repaired, or modified
Specific Authority 373.044. 373.149, 373.171 FS. Law implemented 373.339 is to be used for testing or observation to gain hydrologic
FS. Htistory-Readopted 10-5-74. Previously numbered 16J-3.02. or geologic data; provided the applicant acknowledges
S 40D-3.031 Implementation. Chapter 40D-3 shall that the proposed well is not intended to be a production
continue in effect from September 30, 1974, and be facility; or
implemented throughout the entire area which comprises 2. The applicant demonstrates that a compelling
the District as of 11:58 p.m. on December 31, 1976, which necessity exists to commence the construction, repair, or
area is coterminous with the area of the Southwest Florida modifications of a well while an application for a
Water Management District (Regulatory) and also consumptive use permit is pending; and
continue in effect and implementation from August 3, 3. The applicant agrees to such conditions as may
1977 throughout the area transferred to the District be required by the Executive Director.
pursuant to Chapter 76-243, Laws of Florida, except in the (d) The Executive Director shall promptly report to
Manasota Basin, and shall be implemented immediately the Governing Board concerning any permits issued by
land become effective throughout the area transferred to him under this subsection.
Ithe District pursuant to Chapter 78-65, Laws of Florida. (e) The Governing Board shall be under no
The Governing Board of the Water Regulatory District obligation to issue a consumptive use permit merely
consists of the members of the Governing Board of the because construction of a well has been authorized.
Southwest Florida Water Management District and all (4) Gang Well Permits. Notwithstanding definition
actions by either board will constitute concurrent action of a water well, as set forth in Rule 40D-3.021(1) herein, no
of the other board. This implementation shall in no way be gang well shall be constructed without a permit,
construed to limit the authority of the Board of regardless of the size or depth of the individual wells
Southwest Florida Water Management District comprising such gang well, for the purpose of procuring or
i(Regulatory) or the effectiveness of the Florida obtaining water other than for temporary dewatering. No
iAdministrative Code, or of any orders issued by said permit shall be required for construction of gang wells for
regulatory authority. Wherever applicable and use to temporarily dewater an area for construction,
i appropriate, the District and the regulatory authority will alteration, or repair of buildings or other foundations and
Sact concurrently in regulating water wells, roadways, or during installation, alteration, or repair of
Specific Authority 373.044. 373.149. 373.171 FS. Law Implemented 373,339 utility pipelines, cables, culverts and catch basins, when
FS. 78-65. Laws of Florida. History-Readopted 10-5-74. Amended 9-4-77, such temporary dewatering will be for a period not
S10-16-78. Previously numbered 1;J-3.03. exceeding six (6) months. A permit shall be required prior
40D-3.041 Permits Required. to continuation of dewatering activities beyond the initial
(1) Construction Methods. Water wells, test wells six (6) month period.
(1)Cnstruct Methods.Wterwelsestells (5) Water Test Wells. More than one (1) water well
1and foundation holes may be constructed by drilling (5) Water Test Wells. More than one () water well
Scoring, boring, washing, jetting, driving, or digging, but whose purpose of obtaining exploratory or observational
Must be so constructed, cased, cemented, plugged, data may be constructed using a single permit, subject to
capped, or sealed as to prevent permanently the escape of the following conditions:
water to waste either at or above the land surface, or to (a) Al such wel construction shall be performed on
escape from a subsurface zone of higher hydrostatic head a single contiguous tract of land under the same
into a zone of lower hydrostatic head or to become ownership.
Contaminated by poor quality water or other substance (b) No such water test well may be converted to a
from either surface or underground sources, production or observation well without first obtaining a
(2) Permit Required. A permit shall be obtained permit fromthe Board
from the Board before any water well or test or foundation Specific Authority 373.044, 37.149. 373.171 FS. Law Implemented 373.309,
373.339 FS. llistory-Readopted 10-5-74, Amended 12-31-74. 12-1-77. 2-4-79,
!hole shall be constructed, repaired, modified, or otherwise Previously numbered 16J-3.06(2)-(5). li.l-3.10.
altered, except as provided in Rule 40D-3.101(3)(b). Such
permit shall be prominently displayed at the site of the 40D-3.051 Exemptions. No provision of these rules
well prior to beginning any work thereon and shall remain and regulations shall apply to individual users of water for
so displayed until construction is completed, domestic supply or ordinary livestock consumption;
(3) Consumptive.Use Permit Required: provided however, the owner of any water well, or
(a) No permit for construction, repair or proposed water well exempt herein, shall obtain a permit
modification of any water well for which a consumptive of exemption prior to drilling.
'use permit is required before withdrawals are authorized Specific Authority 373.041. 373.149. 373.171 FS. law ilhplemnted 373.339
uwS. History-Iieadopted 10-5-74. previously numbered 1rJ-3.13.
shall be issued, prior to a consumptive use permit being
granted authorizing such consumptive use withdrawals.
a"
9 .'
..i~r9











40)-3.091 Registration of Drillers, Contractors, (c) The Board may, in unusual circumstances, such
and Engineering Testing Laboratories. as when the five thousand dollar ($5,000) bond may not be
(1) Registration Requirements. Any person, adequate to properly protect the water resources of the
corporation, or other legal entity who constructs a water District, prescribe any other restrictions and may require
well or test or foundation hole within the District additional qualifications and bonds as it deems proper.
boundaries shall be registered with the Board, provided (6) Surety bonds will be required only from
however, any water.well contractor holding a valid license contractors. The contractor will be responsible for any
issued bythe Department of Natural Resources shall not and all drillers in his employ, and his bond will be
be required to register with the Board. acceptable as covering his employees. This provision shall
(2) Registration Certificates. The Board may issue not apply to water well contractors who hold valid licenses
registration certificates in the form of an identification ;issued by the Department of Natural Resources and who
card. The card will certify on its face the operations for are required to meet the bond requirements prescribed by
which the driller or driller trainee is qualified and the Department.
registered. (7) Addresses. Each driller and contractor shall
(3) Qualifications of the Individual Drillers for keep the Board advised of the current address of his
Registration Certificates. Residence and of his business at all times. This provision
(a) To qualify as a registered driller a person must: 'shall not apply to water well contractors who hold valid
1. Be at least sixteen (16) years of age, and be of licenses issued by the Department of Environmental
good moral and ethical character; 2. Have a thorough 'Regulation and are required to maintain a current address
knowledge of the rules and regulations of the District; 3. on file with the Department.
Have had sufficient experience in water well construction (8) Identification Card. Each registered driller and
or test or foundation hole construction, or both, to each registered driller trainee shall keep his identification
demonstrate satisfactorily his practical knowledge and card on his person while drilling and shall display same
his capability to operate equipment used in actual upon request.
construction operations; and (9) Individual Identification Number. Each
4. Pass a written test furnished by the Board. registered driller and each registered driller trainee shall
(b) To qualify as a driller trainee a person must: be assigned a permanent, nontransferable identification
1. Be at least fourteen (14) years of age and hold number.
current authorization to work under existing Florida (10) Contractor Identification Number. Each
Statutes, and be of good moral and ethical character; contractor shall be assigned a permanent, nontransferable
2. Have a thorough knowledge of the rules and identification number to be used in connection with all
regulations of the District; and drilling operations. License numbers issued by the
3. Have a written recommendation of a registered Department of Environmental Regulation to water well
driller or registered contractor under whom he will serve contractors shall be used as identification numbers in
as a trainee. If he changes employers, a new connection with this Rule. Contractor identification
recommendation must be submitted. numbers previously issued by the Board to such
(c) The Board may issue registration certificates to I contractors shall be voided.
registered professional engineers, engineering testing (11) Contractor Records. Each contractor shall
laboratories, and to certified professional geologists upon keep accurate records and shall. make such records
application and showing of a thorough knowledge of the available for inspection by District personnel at any
rules and regulations of the District; additionally, they .reasonable time. These records shall list all water well
must have had sufficient experience in water well construction and test or foundation hole construction
construction or test or foundation hole construction, or operations and such other hydrogeologic data as the
both, to demonstrate satisfactorily a practical knowledge Board may require, together with the name and individual
of equipment used in construction operations. identification number of the registered driller supervising
(4) Applications. Applications for registration I the work. The knowledge pertaining to quantities and
certificates shall be submitted on forms provided by the values of ore reserves and estimates prepared in a mineral
Board. prospect shall be privileged information and made
(5) Qualifications of Contractors for Registration available to District personnel only with the consent of
Certificates. Any contractor who is, or has in its employ, the client or clients of the testing laboratories..
one (1) or more registered water well drillers, must register (12) Marking Vehicles and Equipment. The
as a water well contractor. Any contractor and any identification number of the contractor shall be
engineering testing laboratory who is, or has in its prominently displayed on both sides .of every service
employ, one (1) or more test or foundation hole drillers, i vehicle and drilling rig used in connection with all
must register as a test or foundation hole contractor; and I construction operations and shall remain so displayed at
must: all times. A Lnumbers and figures shall be not less than //
(a) Submit the necessary information on forms i two inches 2Q J high. A decal to be issued by the Board
furnished by the Board. I indicating current, valid certifications shall be displayed
(b) Furnish a bond in the amount of five thousand adjacent to each identification number and shall not be
dollars ($5,000) made payable to the District and its transferable.
successors, with a reputable bonding corporation (13) Supervision of Construction. All construction
authorized to do business in this State as surety. The shall be performed under the direct and personal
bond is to be conditioned upon compliance with the supervision and in the presence of a registered driller,
provisions of the laws of this State, the. rules and although the registered driller may, at his discretion and
regulations prescribed herein, and the orders adopted or I with complete cognizance of his responsibility, delegate
issued pursuant thereto for the protection of the water ; increasing responsibility to a registered dlriller trainee.
resources of the District. Such bond shall be maintained Specific Authority 373.044. 373. 373.373.171 FS. L.aw Implemented 373.323,
as a condition of the continued validity of the registration, i 373.339 FS. History--Readopted 10-5-74. Previously numbered 16J-3.04.

-4




'











40D-3.092 Refusal, Suspension, or Revocation of permit, furnish an additional surety bond in the amount of
Registration and Forfeiture of Bond. twenty-five thousand dollars ($25,000) acceptable to the
S (1) Grounds. The Board may refuse to issue or Board to insure the Board against any infractions of the
renew or may suspend or revoke a registration.on any one District rules and regulations or orders. The Board, may
(1) or more of the following grounds: in unusual circumstances, such as when the twenty-five
(a) Material *misstatement in the application for thousand dollar ($25,000) bond may not be adequate to
registration. properly protect the water resources of the District,
(b),Failure to have or retain the qualifications prescribe any other restrictions and may require
required herein, additional qualifications and bond as it deems proper.
(c) 4Villful disregard or violation of any rule or (c) A special completion report and log on any hole
regulation or order issued by the Board. which may have inadvertently become a water well will -
(d) Willful aid or abetment to another in violation of be required as set forth in Rule 40D-3.411(3).
this chapter or of any rule or regulation issued by the (4) Specifications. The specification for
Board. construction as set forth in the written application, if
(e) Gross incompetency in the performance of work. approved, shall be contained in the permit issued by the
(f) Allowing the use of an identification card by any Board and construction shall be performed in accordance
person other than the original issuee, with such specification. Any deviation therefrom shall
(g) Failure to apply for registration prior to only be made after written permission is received from the
beginning construction within the District. Board.
(h) Misrepresentation, falsification, or failure to Specific Authority 373.044, 373.149, 373.171 FS. Law
submit records or reports required by the Board. Implemented 373.339 FS. History-Readopted 10-5-74,
(2) Institution of Proceedings to Suspend or Previously numbered 16J-3.07.
Revoke Registration or for Forfeiture of Bond. Violations
may be reported by any member or employee of the Board 40D-3.201 Permit Processing Fee. No permit
or by any other person by filing a sworn written complaint processing fee shall be required in connection with
with the Board on forms provided by the Board. applying for a permit under Chapter 40D-3.
(3) Suspension and Revocation of Registration and Specific Authority 373.044. 373.149. 373.171 FS. Law Implemented 373.339
Forfeiture of Bond. Upon investigation, the Board may FS. History-Readopted 10-5-74. Previously numbered 1iJ-3.071.
suspend a con trator's registration. After notice and 40D-3.301 Conditions for Issuance of Permits.
public hearing, such registratiornay be revoked or the (1) The Board shall issue a Notice of Rejection
suspension may be extended. When deemed appropriate, whenever it determines that an application for a permit
the Board may act to bring about forfeiture of the for construction fails to meet the requirements prescribed
contractor's bond. by Chapter 373, Florida Statutes, or by these rules and
(4) Suspension and Revocation of Registration of regulations, or that such proposed construction would be
SEngineering Testing Laboratories. The Board may contrary to the policy of this State or of the Board as set
suspend, but will not revoke or fail to renew the 'forth in such laws, or in such rules and regulations.
Registration of any engineering testing laboratory prior to (2) Such Notice of Rejection shall:
affording the State Board of Engineer Examiners the (a) State the grounds for rejection, and may state
Opportunity to review such contemplated action. any remedial action, if any, which may be taken to make
Specific Authority 373.044. 373.149. 373.171 FS. Law Implemented 373.339 'such application acceptable for approval; and
SFS. History-Readopted 10-5-74. Previously numbered 16J-3.05. (b) e served in writing upon the persons signing
40D-3.101 Content of Application. the application by registered or certified mail.
(1) Permits will only be issued to registered (3) Any applicant receiving a Notice of Rejection
contractors. may obtain a hearing before the Board by filing within
(2) To Construct a Water Well. A written thirty (30) days of the mailing of such Notice of Rejection
application shall be made on forms furnished by the a written petition requesting such public hearing.
board, and shall be signed by the registered water well Specific Authority 373.044. 373.149..373.171 FS. Law Implemented 373.339
contractor responsible for the work. Such application shall FS. listory-Readopted 10-5-74. Previously numbered 16J-3.111H33).
include the name and address of the property owner, or his 40D-3.321 Duration of Permit. Each permit shall be
agent, on whose property the well is to be drilled; the consecutively numbered, shall be dated, and shall be valid
name, registration number, and address of the contractor; for a period of six (6) months, unless the time limit is
the approximate location of the well, the expected depth, extended by the Board.
and the specification for well construction including size(s) Specific Authority 373.044. 373.149. 373.171 FS. Law Implemented 373.339
!of casing to be used, method of completion, andmethod of FS. History-RKeadopted 10-5-74, Previously numbered 16J-3.08.
plugg o answer es tf nation Holes. 40D-3.341 Revocation of Permits. The Board may,
(a) A written application shall be made on forms upon investigation, suspend a permit, and after notice and
'furnished by the Board, and shall be signed by the public hearing, may extend such suspension or may
registered test or foundation hole contractor who will be revoke the permit. Such suspension or revocation may be
responsible for the work. Such application shall include made on any one (1) or more of the following grounds:
the name and address of the property owner, if applicable, Maeal statement or misrepresentation in
or his agent, on whose property the drilling is to be the application for a permit.
performed; the approximate location of the holes and the (2) Failure to comply with the provisions set forth ,
number to be drilled; and specifications as to their m the permit.
(3) Willful disregard or violation of any rule or
construction including diameter of holes, expected depth, (3) Willful disreard or violation of any rule or
whether or not casing will be used, and how these holes regulation promu gated herein by the oard.
will be drilled at one site, a single permit may be issued. e g ate schg permit a i s or conditions
(b) Any constractor or engineering testing n a the time such permit was issued.
Specific Authority 373.014. 373.149. 373.171 FS. Law Implemented 373.339 .' ir(.
Laboratory may, .in lieu of submitting applications for FS. Ilistory--Readopted 10-5-74, Previously numbered 16J-3.11(4,.









..------------------^----------------- --------- .-.-- ^-.- -.---.~ -------^r---~










40D-3.411 Completion Report. the drilling. The applicant for an emergency permit shall
(1) Water well drillers shall keep a log on a form provided further'reduce his application to writing in accordance
by the Board of all construction activities performed with Rule 401)-3.101 within twenty-four (24) hours after
under each permit and such logs shall be available for making oral application. Rule 40D-3.411 shall apply to
inspection at the site of well construction during all times construction performed under an emergency permit.
When actual well construction activities are being 'Specific Authority 373.044, 373.149. 373.171 FS. Law Implemented 373.339
performed; and provided further the drillers shall file with FS. Hlistory-ReHsdopted 10-5-74, Previously numbered 16J-3.12.
the Boar1 such log together with a report within thirty 40D-3.461 Inspection.
(30) days of the completion or cessation of the work (1) Inventory. The Board has determined the
lauthorizec by the permit. If no work is performed, a necessity for taking and maintaining an accurate
report shall be filed within thirty (30) days of the inventory of water resources and uses within the District
expiration of the permit stating that no well construction so that it takes all necessary and proper steps to effect the
(was performed under the permit, maximum beneficial utilization, development, and
S(2) The Board may also require that samples be conservation of the water resources within said District in
taken during construction and furnished to it withinte estnterest of t he public ad to prevent wa ste
days after being taken. Containers and the best interest of the public and to prevent waste,
thirty (30) days after being taken Containers and contamination, and unreasonable use of said resources.
instructions shall be provided by the Board. (2) Area to be Inventoried. An inventory will be
(3) Special Completion Report Required for made and maintained of selected water wells and test and
Inadvertent Water Well. The registered test or foundation holes, constructed pursuant to permits issued
foundation hole contractor or professional engineer shall authority of these rules and regulations. In addition
provide boring logs for all test or foundation holes that the Board may t inventory of all other water wells
penettn a he aquif ersiteDitritwee the Board may take inventory of all-other water wells
penetrate into any of the aquifers in the District where located within areas the Chief Hydrologist of the Board
either drilling fluid is lost or artesian conditions are determines to be seriously endangered from
encountered. All such holes shall be completely plugged overdevelopment, salt-water intrusion, pollution, or other
from bottom to top with cement grout or an equivalent contamination.
approved by the Board. Such report shall be in writing, (a) In all such areas the Board, its employees and
complete description of the occurrence, including exact
location and describing geologic and hydrologic agents, shall have the right to inspect all water wells and
locaionhydrologic test and foundation holes, going upon the premises whbre
conditions and the method of plugging, and shall bear the te at an reasonable time for such purpeseh.
signature of the registered test or foundation hole eb) No person shall interfere with or prevent such
contractor, certifying that all actions required by these i ( o
Rules and regulations were accomplished, inspection.
rules and regulations were accomplished. Specific Authority 373.044, 373.149, 373.171 FS. Law Implemented 373.309,
Specific Autltority 373.044, 373.149. 373.171 FS. Law Implemented 373.339 373.339 FS. History-Readopted 10-5-74, Amended 8-9-77, Previously
FS. History-Readopted 10-5-74, Amended 10-24-76, Previously numbered numbered 16J-3.15.
16J-3.09, 16J-3.14.
1 Emerge Au riztion. E 40D-3.701 Construction Standards. The regulations
40D-3.451 Emergency Authorizotion. Emergency promulgated by the Department of Environmental
'permits may be issued by the Boa'rd when conditions ist.!r!vSi
Regulation governing the construction of water wells, as
which justify such issuance. Emergency permits may be set forth in Chapter 17-21, Florida Administrative Code,
applied for orally by telephone, and the Board may issue shall apply to all water wells and test and foundation holes
an emergency permit orally telephone;wells and test and foundation holes
an emergency permit orally by telephone; however, a constructed, altered, repaired, or abandoned in the
Serious set of unforeseen or unforeseeable circumstances District
must exist to create the emergency, not mere carelessness Specific Authority 373.04 1. 373.149,373.171FS Iw Implemented 37330
-or lack of planning on the part of the driller or requester of 373.339 FS. Hlistory--Readopted 10-5-74, Amended 8-9-77, Previously
numbered 16J-3.20.























; .




".- :









SSupp. No. 118 MANAGEMENT AND STORAGE OF SURFACE WATERS CHAPTER 40D-4

RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 40D-4
*
MANAGEMENT AND STORAGE OF SURFACE WATERS


40D-4,011 Policy and Purpose (4) "Works" means all artificial structures other
40D-4.021 Definitions than dams, appurtenant works, and wells, including but
40D-4.031 Implementation not necessarily limited to, ditches, canals, conduits,
40D-4.041 Permits Required channels, culverts, pipes, and other construction that
40D-4.051 Exemptions connects to, diverts water from, or drains water into, or is
140D-4.101 Content of Application placed in or across, the waters in the District.
40D-4.111 Notice of Application Form Specific Authority 373.044.3733. 373.1. 3.49. 373.171 FS. Law Implemented
40D-4.131 Times for Receiving Objections and for 373.403. 373.423 FS. History--Readopted 10-5-74, Previously numbered
Hearing 16J-4.02.
40D-4.141 Notice and Hearing Requirements 40D-4.031 Implementation. Chapter 40D-4 shall
40D-4.201 Permit Processing Fee continue in implementation from January 1, 1975
40D-4.301 Conditions for Issuance of Permits throughout the entire area comprising the District as of
40D-4.331 Modification of Permits 11:59 p.m., December 31, 1976; and from August 3, 1977,
40D-4.341 Revocation of Permits throughout the areas annexed into the Peace and
40D-4.381 Limiting Conditions Withlacoochee River Basins and within the Manasota
40D-4.401 Identification Tags Basin; and shall be implemented immediately and apply
40D-4.411 Completion Report within the area annexed into the District by Chapter
40D-4.451 Emergency Authorization 78-65, Laws of Florida.
40D-4.461' Inspection Specific Authority 373.044, 373.113. 373.149, 373.171 FS. Law Implemented
40D-4.471 Abatement 373.409. 373.413, 373.416. 373.426 FS., 76-243. Laws of Florida.
40D-4.481 Remedial and Emergency Measures Ilistory-Readopted 10-5-74. Amended 9-4-77. 10-16-78; Previously numbered
4 16J-4.03.

S 40D-4.011 Policy and Purpose. The purpose of 40D-4.041 Permits Required.
Chapter 40D-4 of these rules and regulations is to (1) Unless expressly exempted, a permit shall be
implement the declared water policy of the Southwest required to construct, alter, abandon. or remove any dam,
'Florida Water Management District and the State of impoundment, reservoir, appurtenant work, or works
Florida relating to the management and storage of surface which:
waters. (a) Impounds water on an area exceeding forty (40)
Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Law Implemented acres by means of dams and appurtenant works.
373.409. 373.413. 373.416. 373.426 FS. History-Readopted 10-5-74, (b) Diverts water from an area exceeding forty (40)
Previously numbered 16J-4.01. acres by means of dikes, levees, fills or other means,
40D-4.011 Policy and Purpose. The purpose of including upstream: dams and appurtenant works,
Chapter 40D-4 of these rules and regulations is to impoundments, reservoirs, or works.
implement the terms set forth herein shall have the (c) Reroutes, restricts, or alters the rate of flow of a
'meanings ascribed to them unless the context clearly stream or other watercourse which drains a watershed
indicates otherwise, and such meanings shall apply having an area exceeding five (5) square miles.
Throughout Chapter 40D-4 of these rules and regulations. (d) Is placed in or connects with any surface water
To facilitate easier reference certain terms defined by body for which management flows or levels have been set
applicable statute have been included verbatim with pursuant to Chapter 40D-8 of these rules.
appropriate citation. The terms defined in Rules (2) After January 1, 1977 unless expressly
40D-0.021 shall also apply throughout Chapter 40D-4. exempted, a permit shall be required to operate or
"(1) "Appurtenant works" means any artificial maintain any dam, impoundment, reservoir, appurtenant
improvements to a dam which might affect the safety of work, or works which:
such dam or, when employed, might affect the holding (a) Impounds water on an area exceeding one
I capacity of such dam or of the reservoir or impoundment hundred and sixty (160) acres by means of dams and
i created by such dam. Section 373.403(2), Florida Statutes. appurtenant works. ;
(2) "Dam". means any artificial or natural barrier, (b) Diverts water from an area exceeding one
| with appurtenant works, raised to obstruct or impound, or hundred and sixty (160) acres by means of dikes, levees, .
which does obstruct or impound, any of the surface waters fills, or other means, including upstream dams and l-
of the State. Section 373.403(1), Florida Statutes. appurtenant works, impoundments, reservoirs, or works. ??
(3) "Maintenance" or "repairs" means remedial (c) Is,equipped with a headgate, valve, or other '.4,
I work of a nature as may affect the safety of any dam, operable structure which impounds on or diverts from an
impoundment, reservoir, appurtenant work or works, but area ereding forty (40) acres or which is located on a e :i.
excluding routine custodial maintenance. Section stream or other watercourse. .t
i373.403(8), Florida Statutes. (3) No activity, except those activities specifically ,.;',
exempted by law or rule, shall be undertaken within, .!
I ,I



'Sd'.t











connecting to, or affecting the management range of a (a) The name and address of the applicant.
Surface water of the District unless the proposed activity (b) The name and address of the owner or owners of
has first been approved by the District and a permit the land upon which the construction or alteration is to
issued therefore, take place, and a legal description of such land.
(4) Permits for Operation and Maintenance. (c) Location of the work.
(a) After implementation of Chapter 40D-4 in the (d) Plans and specifications.
areas indicated in Rule 40D-4.031, unless expressly (e) The name and address of the person who
exempted by law, no person shall, without a permit from prepared the plans and specifications.
the Board, operate or maintain any dam located on a (f) The name and address of the person who will
stream of other watercourse, or any impoundment which construct the proposed work, when available.
relies on a stream or other watercourse for its supply, or (2) The Board may also require the applicant to
Sany other impoundment with a water surface area greater submit other information deemed necessary.
than forty (40) acres. iSpecific Authority 373.044. 373.113. 373.149. 373.171 FS. aw Implemented
(b) Applications for permits required by subsection 373.042. 373.403 FS. llistory-IRedopted 10-5-74. Amended 1231-74. 6-7-78.
(4) above shall be filed with the District and shall include Previously numbered 16J-4.06(1.d21.
the same information as required in Rule 40D-4.301(1). 40D-4.111 Notice of Application Form.
'' -or-conveyance of such facility or the land on-which the (1) Upon receipt of the completed permit
, .-7. same is located, shall in no way affect theraHdity of-the application, the Board shall prepare a Notice of
"permit so long as the use remains the same provided that- Application which shall be in substantially the following
(c) Except as otherwise provided in Rule 40D-4.341,. form:
a permit issued under paragraph (a) above shall be Notice of Application for Permit
permanent. The sale or conveyance of such facility or the to Construct, Alter, Operate, Maintain,
land on which the same is located, shall in no way affect Abandon, or Remove a Dam,
the validity of the permit so long as the use remains the Impoundment, Reservoir, Appurtenant Work,
S- same provided that the owner was granted, notifies the or Works in County
S3 Board of such change of ownership within thirty (30) days ., /...
"of such transfer. /Southwest Florida Water Management District has
Specific Authority 373.044, 373.113, 373.149. 373.171 FS. Law Implemented received an application for a permit to construct, alter,
373.219. 373.223. 373.229 FS. History Readopted 10-5-74. Amended 12-31-74. operatemaintain, abandon,or remove a dam,
9-4-77, 6-7-78. Previously numbered 16J-4.04. 16J-4.10(1).(2),(4). operate nta, aandn, or re
--- impoundment, reserve r, appurtenant work, or works
i -it <40I0-05 Exemptions. from (P;c ', r) 1._ ^i N bPC ) at
thing in Chapter 40D-4 shall be construed to (P A-.C ._ in for the
affect the right of any natural person to capture, purpose of $-v rt. .s-
discharge, and use water for the purposes permitted by i.witJ
law. Writte-n objections to issuance of such permit may be filed
(2) Nothing in Chapter 40D-4 shall be construed to with the Board of Governors of Southwest Florida Water cr'
affect the right of any person engaged in the occupation of Management District in person at its offices on U.S. 41,
agriculture, floriculture, or horticulture to alter the seven (7) miles south of Brooksville, Florida, or by mail to
topography of any tract of land for purposes consistent 5060 U.S. 41 South. B3rooksville. Florida 33512. uch) ----
with the practices of such occupation; provided however, objection must be received by the Board not later-Any
that such alteration shall not be for the sole or objections so filed should set forth reasons for the
predominant purpose of impounding or obstructing a objections and must be signed by the bjecting party and
stream or other watercourse or changing the water level in shouldff.the mailing and residence addresses of the
lakes or other impoundments; andalso provided that such objecting party.to consider the application and all written
alteration shall not result in substantially: objections, to h ar testimony, and to receive documentary
(a) Altering the peak rate of flow or the total evidence.' Such hearing may be reasonably continued to a
volume of discharge of waters into works of the District; time and date rtain announced at the hearing without, 7
(b) Altering the rate of flow or total volume of water further notice. application is on file at the District .--.
withdrawn from works of the District; office and avaiL ble for inspection at all reasonable times,
(c) Altering the direction of surface runoff into C( following p ragraph should be inserted if applicable:) ,z .
works of the District; (The)permit ap ied for impounds water on or diverts r
(d) Altering the water table or the level of the I water from an ea not exceeding three hundred twenty
potentiometric surface on lands adjacent thereto. (320) acres. If n substantial objection to the application
(3) Nothing in Chapter 40D-4 shall be construed to is received, the oard after proper investigation by its'
be applicable to construction, operation, or maintenance staff, may at ts discretion approve the application
S of any reservoir or other artificial structure which is without a hearing 2. --, .., 4/9. / w '" '- -
located entirely within lands owned, leased, or otherwise Specific Authority 37 1044. 373.133. 373.149. 33.171 IFS.aw Impleented
[controlled by the user and which require water only for 373.413, 373.416. 37 ..426 FS. History-Readopted 10-5-74. Amended
filling, replenishing, and maintaining the water level 10-24-76. Previously n mhered 16.14.071.
thereof, provided however, that Chapter 40D-2 shall apply 40D-4.121 Notice and Hearing Requirements.
to the use of water for such filling, replenishing, and (1) Within forty-five (45) days after receipt of a
maintaining of the water level. completed applic tion for a permit under the provisions of
Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Law Implemented Rule 40D-4.101 here the impounded area or the area
373.406 FS. History-Readopted 10-5-74. Previously numbered 16J-4.05. from which water will be diverted will exceed eighty (80)
i 40D-4.101 Content of Application. acres in area, t e Board shall cause. a Notice of
(1) Permit application shall be sworn to and dated ;Application to be p blished at least once a week for two (2)
by the applicant or his duly authorized agent and shall be [consecutive week. in a newspaper having general
filed with the Board on forms provided by the Board I circulation within t e affected area.
which shall include:



S




-- ----------------- -- ------ /~----- --
;; ,-, .,:











S (2) The Board shall cause copies of such Notice of (c) Must not cause the level of the water table under
SApplication to be mailed to persons who have filed written lands not owned, leased, or otherwise controlled by the
Requests within the immediately preceding six (6) months applicant to be lowered more than three fee .
for notification of any pending applications affecting the (d) Must not cause the level of the sur ce of water
particular designated area. Such notice shall be sent by in any lako other impoundment to be lowered more than
regular mail posted not later than the first date of one foot IlP) unless the lake or impoundment is wholly ( ')
publication, owned, lease or otherwise controlled by the applicant.
(3) Permits Without Hearing. If the impounded (e) Must not cause the potentiometric surface to be
area or tne area from which the water will be diverted will lowered below sea level.
not exceed .three hundred twenty (320) acres and if no (f) Must not be constructed or operated in such a
Substantial objection to the application is received before manner as to diminish the capability of an impoundment
the prescribed deadline, the Board after proper to fluctuate through the full management range
investigation by its staff may issue a permit without a established for such impoundments.
hearing. (4) The Board for good cause shown may grant
Specific Authority 373.044, 373.113. 373.149. 373.171 FS. Iaw Implemented exceptions to the provisions of subsections (4) and (5)
373.413. 373.416. 373.426 FS. History-Readopted 10-5-74. Previously above when, after consideration of all data presented,
numbered 16J-4.072. 16J-4.074. including economic information, it finds that it is
40D-4.131 Times for Receiving Objections and for consistent with the public terest
Hearing. The deadline for receiving objections to the ..- &9- el ., l... A 0 'r
application shall be a day not sooner than fourteen (14) .??7
days after the date of first publication of the Notice of Lt- "A Ck
Application required in Rule 40D,4.111. The date of ????????????? w
hearing shall be a day not sooner than seven (7) days geirc best surface water management practices within
thereafter. ithe management range' of all surface waters in the
Specific Authority 373.044. 373.133, 373.149. 373.171 FS. Iaw Implemented iDistrict. .
373.413, 373.416. 373.426 FS. History-Readopted 10-5-74, Previously Specific Authority 373.044. 373.113, 373.149, 373.171 FS. Law Implement.
numbered 16J-4.073. 1373.042. 373.403 FS. History-RIadopted 10-5-74, Amended 12-31-74. 6-7-78 .0
Previously numbered 16J-4.06(3).(4).(5).(6).(8)'. --
40D-4.201 Permit Processing Fee. A permitnumbered 16-4.063.41
processing fee shall be paid to the District at the time a Revocation of Permits.
permit application is filed in the amount prescribed in the (1) The' Board may revoke a permit at any time if it
schedule set forth in Rules 40D-0.201. determines that a dam, i ipoundment, appurtenant work,
Specific Authprity 373.044. 373.133. 373.149. 373.171 FS. Law Implemented or works has become a danger to the public health or
373.109 FS. History-Readopted 10-5-74. Previously numbered 16J-4.061. .safety or if its operation has become inconsistent with the
40D-4.301 Conditions for Issuance of Permits. objectives of the District or is in violation of any
(1) To obtain a permit under Chapter 40D-4, the regulation or order of the District, or tie conditions of the
permitted activity: permit. ,f.f' a tc
(a) Must be a reasonable,-beneficial activity. 1 (2) Before any such mn4 ca the Board shall
(b) Must bea consistent with the public interest. give written notification thereof by registered or certified
mail to the permit holder. Such notification shall contain a A'
(c) Will not interfere with any legal use of water mail the holdereasucs why the
existing at the time of the application. Statement of the reasons why the
(2) Issuance of a permit will be denied if the proposed, and a reference to any applicable District
permitted activity: objective, regulation, order, or permit conditions. An
permitted activity file a written petition no later than ten
(a) Will cause the rate of flow of a stream or other I affected party may file a written petition no later than ten y. o
watercourse to be lowered below the minimum flow (10) days after notice of proposed-meodii for served
established by the Board. ifor a hearing. No permit shall be modi d before the '
(b) Will cause the level of the -potentiometric permit holder is afforded an opportunity for a hearing
b before the Board.
surface to be lowered below the regulatory level i
established by the Board. (3) If the Executive Director determines that the
(c) Will cause the level of the surface of water in any danger to the public is imminent, he may order a
lake or other impoundment to be lowered below the temporary suspension of the construction, alteration, or
minimum level established by the Board. operation of the facility until the hearing is concluded, or
(d) Will significantly induce salt water may take such action as authorized under Rule 40D-4:451.
encroachment. (4) The Board mayv aia permit, permanently.-,
(e) Will cause the water table to be lowered so that and in whole, with the written consent of the permitted.
the lake stages or vegetation will be adversely and Specific Authority 373.044. 373.113. 373.149, 373.171 FS. I.sw Implemented
t373.429 FS. ilistory-Readopted 10-5-74, Previously numbered
significantly affected on lands other than those owned, j 16J-4.13,4;.+.-<,
leased, or otherwise controlled by the applicant.
(3) The permitted activity: t 40D-4.341 Revocation of Permits. The Board pay
(a) Must not restrict or alter the rate of flow of revoke a permit at any time if it determines thaq dam,
Stream or other watercourse by more than ten percent (-l) im oundment, appurtenant work, or works h become a
j10 ^ i at the time and point of withdrawal, except in case o dan to the public health or safety or ifj operation has
S I dam where water is stored for subsequent release become in sistent with the object of the District or
,downstream. is in violation ny regulation order of the District, or
---. (b) Must not causett.h .level of the potentiometric the conditions of t er
surface under lands not owned, leased, or otherwise (2) Before an c location, the B.oard shall give
S cont ld by the applicant to be lowered more than five written notific n thereof by steered or certified mail
feet(5.) to the p it holder. Such notifica hall contain a
stat ent of the reasons why the revocation osed,


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land a reference to any applicable District objective, he grounds for suspension or revocation of the permit
Sregula1on, order, or permit conditions. An a cted party upon notice and hearing. The permitted shall be allowed
Smay file written petition no later than t 10) days after Iten (10) days after notice to obtain a replacement tag.
notice of posed revocation is serve for a hearing. No Upon failure of the permitted to display such tag within
permit shall e revoked before e permit holder is ten (10) days, the Board may cause the replacement of
afforded an opp unity for a h ring before the Board. such tag and charge the permitted one hundred dollars
(3) If the Exe ive I ector determines that the ($100) for such service.
danger *to the' public imminent, he may order a Specific Authority 373.044, 373.133, 373.149. 373.171 FS. law Implemented
temporary suspension of the instruction, alteration, or 373.413. 373.416. 373.426 FS. Ilistory-Readopted 10.5-74. Previously
operation of the f l ity until the hearing is concluded, or numbered 16J-4.062.
may take suc action as authorized i er Rule 40D-4.451. 40D-4.411 Completion Report. Within thirty (30)
(4) e Board may revoke a per t, permanently days after the completion of construction or alteration of
and in ole, with the written consent of permitted. any activity for which a permit was granted by the Board,
Spcifi Au(hority 373.044. 373.113. 373.149. 373.171 FS. Law lemented the permitted shall file with the District a written
37 9 FS. istory-Readopted 5-74reviouly numbered 164.3. statement of completion on the appropriate form provided
by the Board.
40D-4.381 Limiting Conditions. Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Law Implemented
(1) The Board may condition the granting of a 373.419 FS. Hlistory-lendopted 10-5-74. Previously numbered 16.I-4.08.
-permit so as to require: 40D-4.451 Emergency Authorization.
(a) Dates on which construction, alteration, (1) Permission to begin construction, alteration, or
removal and operation are to be commenced or completed, removal of a dam, impoundment, appurtenant work, or
with notification of such commencement and completion works prior to the issuance of a permit may be applied for,
to be given, in writing postmarked no later than five (5) in writing; when an emergency condition exists which
days thereafterjustifies such permission.
(b) Reports of operations on forms to be provided (2) The Executive Director may grant emergency
which shall be submitted within the times prescribed. authorization pursuant to subsection (1) provided a
(c) Installation of monitoring facilities. serious set of unforeseeable and unforeseen circumstances
(d) Prescribed operating procedures and schedules. exists creating such emergency. Such action shall be
(2)(a) The owner of any dam, impoundment, reported to the members of the Governing Board as soon
reservoir, appurtenant work, or works subject to Chapter thereafter as practicable but no later than the next
40D-4 may be required, after notice and hearing by the meeting of the Governing Board for its consideration.
Board, to install and maintain a substantial and
eBoarde h e ot install and maintain a substantial wand Specific Authority 373.044. 373.113. 373.149. 373.171 FS. Lnw Implemented
serviceable headgate or valve at the point where the water 373.439 FS. ilistory-Readopted 10-5-74, Amended 10-24-76. Previously
is discharged or diverted, and shall if required by the numbered 16J-4.16.
Board, install a measuring device which meets the 404.461 Inspection.
requirements and specifications of the Board at the point 40(-4.461 Inspection.
designated by the Board for measuring the water (1) During construction or alteration, the Board
discharged or diverted. may cause to be made at its expense such periodic
(b) If any owner shall not have constructed or inspections as it deems necessary to insure conformity
installed such headgate, valve or such measuring device with the approved plans and specifications included in the
within sixty (60) days after the Board has ordered its permit.
construction, the Board shall have constructed or (2) If during construction or alteration, the Board
,installed such headgate, valve or measuring device, and finds that the work is not in accordance with the approved
the costs of installing the headgate, valve or measuring plans and specifications as directed in the permit, it shall
device shall be a lien against the owner's land upon which, give the permitted written notice how the construction is
such installation takes place until the Board is reimbursed not in compliance and shall order immediate compliance
Iin full. with such plans and specifications. Failure to act in
(3) The Board may impose on any permit granted accordance with the orders of the Board after receipt of
(3) The Board may impose on any permit granted written notice -shall result in the initiation of revocation
under Rule 40D-4.041(4)(a) such reasonable conditions as written notice shall result n the initiation of revocaon
are necessary to assure that the permitted operation or proceedings in accordance with the provisions of Rule
maintenance will not be inconsistent with the overall 40D-4.341.
objectives of the District and will not be harmful to the (3) Upon completion of the work, the Executive
water resources of the District. Director shall have inspections made annually or more
(4) No person shall alter or tamper with a frequently as deemed necessary of the facility. No person
shall refuse immediate entry or access to any authorized
measuring device so as to cause it to register other than shall refuse immediate entry or access to any authorized
the actual amount of water diverted, discharged, or taken. representative of the Board who requests entry for
Violation of this subsection shall be a misdemeanor in the purposes of such inspection and who presents appropriate
second degree, punishable under Section 775.082(5)(b), credentials.
Florida Statutes. 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.
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. 40D-4.471 Abatement. Any dam, impoundment,
Previously numbered 16J-4.06(7). 16J-4.11. 16J-4.10(3). appurtenant work, or works which violates the laws of
40D-4.401 Identification Tags. this State or which violates the standards, regulations, or
(1) When a permit is issued, the Board shall issue a orders of the Board, or the conditions of the permit shall
permanent tag bearing an identification number which be declared a public nuisance. The operation of such
shall be prominently displayed and permanently affixed to facility may be enjoined by suit by the Board, or by a
the facility or at the site of the permitted activity. private citizen. The Board shall be a necessary party to
(2) Failure to display a permit tag as prescribed iany such suit.
herein may constitute a violation of these Rules and shall i specific Authority 373..1., 373.113. 373.14). 373.171 FS. Law Implemented
i 373.433 FS. llistory--Hendoptcd 10-5-74, Previously numbered 16J-4.14.




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+ 40D-4.481 Remedial and Emergency Measures. (a) The condition of any dam, impoundment,
(1) Upon completion of any inspection provided for appurtenant work, or works is so dangerous to the safety
by Rule 401)-4.461, the Executive Director shall determine of life or property as not to permit time for the issuance
what alterations or repairs shall be made within a time and enforcement of an order relative to its maintenance or
certain, which shall be a reasonable time. The owner of j operation; or
Such facility shall be served with the order to make such (b) Passing or imminent floods threaten the safety
alterations or repairs. The holder of any lesser interest in of any such facility.
such facility shall be notified by registered or certified (4) In applying the emergency measures provided
mail of the order to make such alterations or repairs. The for in this section, the Executive Director may in an
owner of sich facility may file a written petition within emergency do any of the following:
ten (10) days after such order is served for a hearing before (a) Lower the water level by releasing water from
the Board: If, after such order becomes final, the owner of any lae or other impoundment.
such facility shall fail to make the specified alterations or (b) Completely empty the lake or other
repairs, the Board may in its discretion cause such impoundment.
alterations or repairs to be made. I (c) Take such other steps as may be essential to
(2) Any cost to the District of alterations or repairs safeguard life and property.
made by it under the provisions of subsection (1) of this (5) The Executive Director shall continue in full
section shall be a lien against the property of the charge and control of such facility until it is rendered safe
landowner on whose land the alterations or repairs are or the emergency occasioning the action has ceased.
made until the Board is reimbursed, with reasonable or the emergency occasioning the action has ceased.
made until the Board is reimbursed, with reasonable Specific Authority 373.044. 373.113. 373.149, 373.171 FS. Law Implemented
interest and attorney's fees, for its costs. 373.436, 373.439 VS. History-teadopted 10-5-74, Previously numbered
(3) The Executive Director, with the concurrence of 16J-4.15. 16J-4.17.
the Board, shall immediately employ any remedial means
to protect life and property if either:















































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I Supp. No. 118 WORKS OF TIlE DISTRICT CHAPTER 40D-6

RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 40D-6

WORKS OF THE DISTRICT .


0OD-6.011 Policy and Purpose District.
40D-6.021 Definitions (6) State Laws prohibit such work unless approved
40D-6.031 Implementation by the Governing Board of the District. This approval is
40D-6.041 Permits Required usually granted in the form of a permit.
i40D-6.051 Exemptions in(7) The permit does not convey any property rights
40D-601 o intent of A location or privileges other than those specified in the permit; it
40D-6.101 Content of Application does not authorize any injury to private property or
40D-6.121 Notice and Hearing Requirements invasion of private rights nor does it waive the governing
40D-6.201 Permit Processing Fee requirements of any other agency or authority. It simply
40D-6.301 Conditions for Issuanceof Permits expresses the assent of the Southwest Florida Water 0 ,
40D-6.331 Modification of Permits Management District t5-;k,^# o- C -,C..Q4 -L(. -
40D-6.341 Revocation of Permits and protection or the water resources of the District.
40D-6.411 Completion Report Specific Authority 373.044. 373,113. 373.149. 373.171 FS. 61-691. Laws of
40D-6.451 Emergency Authorization Florida. Law Implemented 373.084. 373.085. 373.086. 373.087. 373.103 FS.
40D-6.461 Inspection History-RIeadopted 10-5-74. Previously numbered 16J-1.001. 16.1-1.0l.
40D-6.481 Remedial and Emergency Measures 40D-6.021 Definitions. The terms set forth herein

40D-6.011 Policy and Purpose. shall have the meanings ascribed to them unless the
(1) The purpose of Chapter 40D-6 of these rules and context clearly indicates otherwise and such meanings
regulations is to implement the declared water policy of shlati, pp the ugte"t Chdpter 40-R of these rule shand
Southwest Florida Water Management District and the regulations The terms defined in Rules 40D-0.021 shall
State of Florida insofar as it relates to the works of the also apply throughout Chapter 40D-G.
District. The Southwest Florida Water Management (1) "Tributaries" means the contributing streams
District adopted Rules relating to protection of the works and other atercourses, including brooks, rills, and
of the District on February 20, 1964. The Rules so adopted rivulets, extending upstream to the point where water
"which are still applicable are set forth herein. The Rules in usually begins to flow in a regular channel, with an alveus,
this chapter are for the protection of the works of the or bed, and banks or sides, or to the point where the lines
SDistrict, iof ordinary high water marks converge, whichever
(2) The Governing Board of the Southwest Florida extends the farthest up-gradient.
SWater Management District, in discharging its duties and (2) Work of the District means any lake or other
responsibilities, has committed itself in writing to the impoundment, or stream or other watercourse, control
Secretary of the Army to perform the requirements of I structure, or other facility, owned and maintained by the
"local cooperation under the project, "Four River Basins, District or adopted by the Governing Board as a work of
Florida" (H. D. 585, 87th Congress, 2nd Session). Among the District.

Scandals, reservoir outlets, floodways. and natural streams Previously numbered r.J-1.0o02.
Son which upstream projects works are provided, the
necessary flood-way should be preserved or the rights 40D-6.031 Implementation.
S thereon secured to permit discharges which would not (1) Chapter 40D-6 shall continue to be implemented
I cause significant damages under present conditions of throughout the.entire area which remained as part of the
I development." District after the transfer pursuant to Chapter 76-243,
(3) The Southwest Florida Water Management Laws of Florida, which occurred at 11:59 p.m. on
District owns, maintains, or has accepted responsibility December 31, 1976; and shall be immediately implemented
for certain canals, water control structures, rights-of-way, in the areas transferred as a part of the District pursuant
lakes, and streams, as well as other works which are to Chapter 76-243, Laws of Florida, which occurred at
"specifically-named in this part as "The Works of the 11:59 p.m. on December 31, 1976. In addition, Chapter
District." 40D-6 shall be immediately implemented in the area
.. .(4) The protection of existing works from actions transferred as a part of the District pursuant to Chapter
YAi L. Y?which would impair its capacity to accomplish the 78-65, Laws of Florida, which occurred on July 1, 1978. If
purpose for which it was intended, and the protection of any provisions of Chapter 40D-6 are inconsistent with ,,
other works for which planning is under way, is the prior rules and procedures, the new provisions shall apply '
responsibility of this District. commencing July 1, 1977.
(5) These regulations establish procedures to be (2) The following have been declared to be "The
followed by those who find it necessary to connect to, Works of the District" by the Governing Board of the
withdraw water from, discharge water into, place Southwest Florida Water Management District through
the adoption of the indicated resolutions and motions:


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* (a) The Ilillsborough River, its natural floodway (u) Delany Creek, west of the eastern boundary of
and tributaries, connecting channels, canals, and lakes. Section 30, Township 29 S. Range 20 E.
By Resolution No. 63, dated October 9, 1963. Specific Authority 373.04.1. 373.113.373.149. 373.171 FS. 78-65. aws oft Fla.
(b The Oklawaha ivr, its natural floodway and iplonmentrd 373.084, 373.095, 373.06,. 373.087, 373.103 FS. 78-65.
(b) The Oklawaha River, its natural floodway and of I 1story-adnpd 10t74. Amended 72177 6.78.
tributaries, connecting channels, canals, and lakes. By Previously numbered t16.11.003, 16.1-1.03.
Resolution No. 63, dated October 9,.1963. .
(c) The Withlacoochee River, its natural floodway 40D-6.041 Permits Required. Unless emressl JE
and tributaries, connecting channels, canals, and lakes. exempted under Rule 401)-6.051, a permit shat-be
By Resolution No. 63, dated October 9, 1963. required to connect to, withdraw water from, discharge
(d).The Peace River, its natural floodway and water into, place construction within or across, or
tributaries, connecting channels, canals, and the lakes otherwise make use of a work of the district or to remove
which are regulated by the District control structures, any facility or otherwise terminate such activity.
including tir connecting channels and canals By Specific Authority 373.0.14. 37:1.113. 373.1.19. 373.171 FS. 61-f91. Laws of
including their connecting channels an canals. By i Florida. Law Implemented 373.084. 373.085. 373.086. 373.103, 403.813 FS.
Resolution No. 63, dated October 9, 1963. Hlistory-Readopted 10.5-74, Amended 12-31-74. 8-2-78, Previously numbered
(e) The authorized'Green Swamp Basin reservoirs, 16J1.os51i1.
connecting channels, control structures, and discharge 40D-6.051 Exemptions. A permit shall not be
channels below reservoirs. (Note: The land areas required
for the three (3) areas, reservoirs must be protected required:
against encroachment by private or public works to insure (1) To remove any dock, pier, piling, or boat house.
proper functioning of the "Four River Basins, Florida" l (2) To construct, alter, or remove any pumping
project.) By Resolution No. 63, dated October 9, 1963. facility withdrawing water from any stream, lake or pond
(f) The Anclote River, its natural floodway and for individual domestic use or for watering residential
lawns and shrubs so long as such activity does not breach
tributaries, connecting channels, canals, and lakes. By a and s so ng a h tvty
Resolution No. 63, dated October 9, 1963. or alter the bank or shoreline or constitute a hindrance to
(g) Lake Tarpon, its connecting channels and the flow of any stream or other watercourse which is a
cana including the Lake Tarpon utfal Canal. By work of the District, provided however, that Chapter
'canals, including the Lake Tarpon Outfall Canal. By 40D-2 shall apply to the use of water for such purposes.
;Resolution No. 63, dated October 9, 1963.
"h) Olsew d Tampa B north of Courthaney Campbel of a work of the District for construction, alteration, or
TCauseway and all tributary streams, channels, and canals
discharging therein. By Resolution No. 63, dated October repair of buildings or other foundations and roadways, or
9, 1963. during installation, alteration, or repair of utility
i) The Alafia River, its natural floodway and pipelines, cables, culverts, and catch basins, when such
ibutarihes, cn i ae anar d lakes. By temporary dewatering will be for a period not exceeding
tributaries, connecting channels, canals, and lakes. By six (6) months; provided however, that the I)istrict shall
(j)Resolution No. 63-A, adopted March 17 1965. be advised in writing prior to commencing such activity.
S () The Little Manatee River, its natural floodway A permit shall be required prior to continuation of
and tributaries' connecting channels, canals, and lakes. w v, end t o n
By Resolution No. 63-A, adopted arch 17, 1965. dewatering activities beyond the initial six (6) months
By Resolution No. 63-A, adopted March 17, 1965. d
(k) The Palm River and Six Mile Creek, their per fiod.
W For activities exmcnpted fromn Chapter 373
natural floodways and tributaries, connecting channels, permits by Section 403.813(2), Florida Statutes, as
canals, and lakes. By Resolution No. 63, dated October 9, permits by Section 403.813(6,aws F lorida a es
1963. amended by Chapter 78-146, Laws of Florida.
St Specific Authoritv 373.044. 373.113. 373.149. 373.171 FS. 61-691. Lnaw of
(1) The Pithlachascotee River, its natural floodway I lorida. law -mplemented 373.08-I. 373.085. 373.08. 37:1.103. 403.813 FS.
and tributaries, connecting channels, canals, and lakes. History-Rcadopted 10-5-74, Amended 12-31-74. -2-78, Previously numbered
By motion adopted March 15, 1967. ; 16J-1.051(2).
(m) The Waccasassa River, its natural floodway 40D-6.091 Encroachment Lines.
and tributaries, connecting channels, canals, and lakes. (1) The Board, after notice and hearing, may
By motion adopted March 15, 1967. establish encroachment lines and prohibit or restrict
(n) McKay Bay north of 22nd Street Causeway, all construction out into the waters in works of the District
tributaries, channels, and canals discharging therein. By beyond such lines..
motion adopted March 15, 1967. (2) Encroachment lines shall become effective upon
(o) The Weeki Wachee River, its natural floodway, recording in the public records of the county wherein such
tributaries, connecting channels and canals. By motion lines are located.
adopted March 13 1968. (3) Hillsborough River Encroachment Line.
(p) Lake Sloan. in Hillsborough County, together (a) No construction will be allowed out into the
With its natural floodways and tributaries, connecting Hillsborough River, in hlillsborough County. beyond an
canals and lakes. By Resolution No. By Resolution No. 538, dated April 10, encroachment line which has been established by the
1974. i Governing Board for that portion of the river extending
(q) Crystal River, its natural floodways and downstream from the City of Tampa dam to the Columbus
tributaries, connecting channels, canals and lakes. By Drive Bridge. the O
Resolution No. 542, dated April 10, 1974. (b) A legal description of this encroachment line has
(r) Homosassa River, its natural floodways and been recorded in the Official Record-Book 204,7 beginning
tributaries, connecting channels, canals, and lakes. By on page 499 of the Public Records of lillsborough
Resolution No. 542, dated April 10, 1974. County, Florida. Aerial photo maps upon which have been :.. ,.r r
Is) Chassahowitzka River, its natural floodways shown the location of such encroachment line have also '' ". .
and volutaries, connecting channels, canals, and lakes, By ,been recorded in the same Official Record look beginning .
.Resolution No. 542. datedApril 10, 1974. Io page 505. :
S (t) Bufrg Creek, north of Big Bend Road (S.R. Specific Authority 373.01)1. 373.113. 37:1.149, 37:1.171. 61-691 laws of f- -',",1.
672). I Florida. Law Implemented 373.084. 373.085. 373 06. 373.103 FS. i; /i' .
I listory-Readopted 10-5-74. Previously numbered 16.1-1.40 and 16J-.1.41. :.y






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;* 40D-6.101 Content of Application. after consideration of all data presented, including
(1) Permit application shall be sworn to and dated economic information, it finds that it is not inconsistent
by the applicant or his duly authorized agent and shall be with the public interest.
filed with the Board on forms provided by the Board Specific Authority 373.044. 373.113. 373.149, 373.171 FS. 61-691 lAws of Fla.
which shall include: law implemented 373.084. 373.085. 373.086. 373.103 FS.
"(a) The name and ddres of the applicant. istor--eadopted 10-5-74. Amended 12-31-74. Previously numbered
(a) The name and address of the applicant. ij-.06(3)4(5.
(b) The name and address of the owner or owners of
the landupon which the construction or alteration is to 40D-6.331 Modification of Permits.
take place, and a legal description of such land. (1) The Board may modify a permit at any time if it
(c).Location of the work. determines that the permitted work or works has become
(d) Plans and specifications. a danger to the public health or safety or if its operation
(e) The name and address of the person who has become inconsistent with the objectives of the
prepared the plans and specifications. District or is in violation of any regulation or order of the
(f) The name and address of the person who will 'District, or the conditions of the permit.
construct the proposed work, when available. (2) Before any such modification, the Board shall
(2) The Board may also require the applicant to give written notification thereof by registered or certified
submit other information deemed necessary. mail to all affected persons. Such notification shall
Specific Authority 373.044. 373.113. 373.149. 373.171 FS. 61-691 Laws of Fla. 'contain a statement of the reasons why the permit may be
-Law Implemented 373.084, 373.085. 373.086. 373.103 FS. (modified, and a reference to any applicable District
Ilistory-Readopted 10-5-74. Amended 12-31-74. Previously numbered objective, regulation, order, or permit condition. An
I I 6J-1. affected person may file a written petition no later than
401-6.121 Notice and Hearing Requirements. ten (10) days after notice of proposed modification is
(1) The Board will either issue or deny the permit served for a hearing in accordance with Chapter 40D-1. No
within forty-five (45) days after receipt of a completed permit shall be modified before an affected person is
,application, together with all supporting information afforded an opportunity for a hearing before the Board.
requested, or set a time for a public hearing on said (3) If the Executive Director determines that the
application, danger to the public is i inenthe may order a temporary krY
(2) The applicant shall be given notice not less than suspension of the construction, alteration, repair, or
ten (10) days in advance of such hearing. operation of the work or works until the hearing is
SSpecificAuthority 373.044,373.113.373.149.373.171 FS. 61-691 Laws of Fla. concluded, or may take such action as authorized under
Law Implemented 373.084. 373.085. 373.086. 373.103 FS. Rule 40D-6.451.
"Histoy-Readopted 10-5-74. Previously numbered 16J.07. Specific Authority 373.0,14, 373.113. 373.149. 373.171 FS. 61-691 Laws of
400-6.201 Permit Processing Fee. A permit Florida. Law Implemented 373.084. 373.085. 373.086. 373.103 FS.
shall be paid to the District at the time a istory-Readopted 10-5-74. Amended 12-31-74, Previously numbered
processing fee shall be paid to the District at the time a 16J-1.06(3.l..5).
permit application is filed in the amount prescribed in the
schedule set forth in Rule 40D-0.201. 40D-6.341 Revocation of Permits.
Specific Authority. 373.044. 373.113. 373.149, 373.171 FS. 61-691 Laws of (1) The Board may revoke a permit at. any time if it
Fla. Law Implernented 373.109 FS. History-Readopted 10-5-74, Previously determines that the permitted work or works has become
numbered 16J-1.061. a danger to the public health or safety or if its operation
401)-6.301 Conditions for Issuance of Permits. has become inconsistent with the objectives of the
(1) To obtain a permit under Chapter 40D-1 the District or is in violation of any regulation or order of the
permitted activity: District, or the conditions of the permit.
(a) Must be reasonable and beneficial; and (2) Before any such revocation.-the Board shall give
(b) Must not be inconsistent with the public written notification thereof by registered or certified mail
,interest. to all affected persons. Such notification shall contain a
(2) Issuance of a permit will be denied if the statement of the reasons why the permit may be revoked,
permitted activity: and a reference to any applicable District objective,
S (a) Will place fill material, or any non-water use regulation, order, or permit condition. An affected person
related structure within the mean annual floodplain of a may file a written petition no later than ten (10) days after
lake or other impoundment, or of a stream or other notice of proposed revocation is served for a hearing in
watercourse. accordance with Chapter 40D-1. No permit shall be
(b) Will cause significant adverse effects on lands revoked before an affected person is afforded an
not oYed, leased, or otherwise .controlled by the opportunity for a hearing before the Board.
applicant by drainage or inundation. (3) If the Executive Director determines that the
(c) Will restrict or alter the rate of flow of a stream danger to the public is imminent, he may order a
or other watercourse within the floodplain of a twenty-five temporary suspension of the construction, alteration,
(25) year flood unless the land is owned, leased, or repair, or operation of the work or works until the hearing
otherwise controlled by the applicant. is concluded, or may take such action as authorized under
(d) Will extend beyond a line of encroachment Rule 40D-6.451.
established 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.
(C) W\ill cause an increase or decrease in the rate of listory-Readopted 10-5-74. Amended 12-31-74. Previously nurdbered
flow of a stream or other watercourse by five percent (5%) 16J.1.11. ,
or more. 4 0'1
(f) Will cause an increase in the peak rate of flow or 40D-6.411 Completion Report. Within thirty (30) o
total volume of storm runoff by ten percent (10%) or more days after the completion of construction or alteration for .: I ^
from lands owned, leased, or otherwise controlled by which a permit was granted by the Boanrd, the permitted
arp icant. by shall file with the DI)istrict a written statement of "''&
(3) The Board for good cause shown may grant completion on the appropriate form provided by the ..
exceptions to the provisions of subsection (2) above when, Board.

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Specific Authoritv 373.044. 373.113. 373.149. 373 171 FS 61-691 laws of Fla. Specific Authority 373 044,373.113. 373.1 49. 373.171 FS. 61691 i6 aws of la.
Law Implemented 373.084. 373.085. 373.086. 373.103 FS. Law Implemented 373.084, 373.085. 37,1,086. 373.103 FS.
I litory-Headopted 10-5-74. Previously numbered 16.1-1.10. history- teadopted 10-5-74, Previously numbered 16.1-1.09.
40D-6.451 Emergency Authorization. i 40D-6.481 Remedial and Emergency Measures.
(1) Permission to begin construction, alteration, (1) Upon completion of any inspection provided for
repair, or operation of the work or works prior to the by Rule 40D-6.461(3), the Executive Director shall
issuance of a permit may be applied for, in writing, when determine what alterations or repairs are necessary, and
emergency conditioAs would justify such permission. order that such alterations or repairs shall be made within
(2) The Executive Director may grant emergency a certain time, which shall be a reasonable time. The owner
authorization pursuant to subsection (1) provided a iof such work or works shall be served with the order to
serious set of unforeseeable and unforeseen circumstances make such alterations or repairs. The owner of such work
exists creating such emergency. Such action shall be or works may file a written petition within ten (10) days
reported to the members of the Governing Board as soon after such order is served for a hearing before the Board in
thereafter as practicable but no later than the next accordance with Chapter 40D-1. If, after such order
meeting of the Governing Board for its consideration, becomes final, the owner of such work or works shall fail
Specific Authority 373.044. 373.113, 373.149. 373.171 FS. 61-691. Laws of to make the specified alterations or repairs, the Board
Fla. Law Implemented 373.084. 373.085. 373.103 FS. History--Readopted may in its discretion, cause such alterations or repairs to
10-5-74. Amended 12-31-74. 10-24-76. Previously numbered 16J-1.14. be made.
i Specific Authority 373.044. 373.113, 373.149. 373.171 FS. 61-691, Laws of (2) Any cost to the District of alterations or repairs
Fla. L.aw Implemented 373.084. 373.085, 373.103 FS. Ilistory-Readopted made by it under the provisions of subsection (1) of this
10-5-74, Amended 12-31-74. 10 24-76, Previously numbered16.J-1.14. section shall be a lien against the property of the
40D-6.461 Inspection. landowner on whose land the alterations or repairs, are
(1) During such construction or alteration of any made until the Board is reimbursed, with reasonable
Permitted work or works, the Board may cause to be made interest and attorney's fees, for its costs.
at its expense such periodic inspections as it deems (3) The Executive Director, with the concurrence of
I necessary to insure conformity with the approved plans the Board, shall immediately employ any remedial means
Sand specifications included in the permit. to protect life and property if either:
(2) If during construction or alteration, the Board (a) The condition of any work or works is so
finds that the work is not being done in accordance with dangerous to the safety of life or property as not to permit
the approved plans and specifications as indicated in the time for the issuance and enforcement of an order relative
permit, it'shall give the permitee written notice stating to its maintenance or operation; or
l how the construction is not in compliance and order (b) Passing or imminent floods threaten the safety
immediate compliance with such plans and specifications. of any work or works.
Failure to act in accordance with the orders of the Board (4) In applying the emergency measures provided
after receipt of written notice may result in the initiation for in this section, the Executive Director may in an
of revocation proceedings in accordance with the emergency take such other steps as may be essential to
provisions of Rule 40D-6.341. safeguard life and property.
(3) Upon completion of such construction or (5) The Executive Director shall continue in full
alteration, the Executive Director shall have inspections charge and control of such works until they are rendered
as frequently as deemed necessary. No person shall refuse safe or the emergency occasioning the action has ceased.
immediate entry or access to any authorized Specific Authority 373.0,1I.373.113. 373.149.373.171 FS.61-691 aws of Fla.
representative of the Board who requests entry' for Law Implemented 373.084. 373.085. 373.08r6, 373.103 FS.
I istory--Readopted 10-5-74. Previously numbered 16J-1.13. 16J-1.15.
purposes of such inspection and who presents appropriate
credentials.




























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Supp. No. 118 WATER LEVELS ANI) RATES OF FLOW CHIIAPTER 40D-8

RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 40D-8

WATER LEVELS AND RATES OF FLOW


40D-8.011 Policy and Purpose mean sea level, and may incorporate a low management
40D-8.021 Definitions level and an extreme low management level, which
40D-8.031 Implementation together establish the lower limits of the management
40D-8.603 Management Levels for Lakes and Other range, to which a water body shall be allowed to fluctuate
Impoundments naturally.
140D-8.605 Cyclic Variations for Minimum Water Level (3) "Minimum flood level" means the highest level
40D-8.611 Minimum Flood Levels to which a surface water body shall be allowed to fluctuate
40D-8.613 Ten (10) Year Flood Warning Levels without interference except as approved by the Board for
40D-8.616 Posted Notice ithe purpose of conserving the waters in the state so as to
S40D-8.621 Operating Levels for Lakes and Other realize their full beneficial use. Such level shall be
Impoundments with Structures expressed as an elevation, in feet above mean sea level.
40D-8.624 Schedule of Levels for Lakes and Other (4) "Ten (10) year flood warning level" means that
elevation, in feet above sea level, which approximates the
40D-8.011 Policy and Purpose. level of flooding expected on a frequency of not less than
(1) The purpose of Chapter 40D-8 is to establish the ten (10) year recurring interval, or on a frequency of
minimum flows and levels at specific locations throughout not greater than a ten (10%) percent probability of
the District. occurrence in any given year, as determined from analysis
(2)' Where appropriate, minimum flows and levels of best available data.
may reflect 'seasonal variations and may include a (5) "Best surface water management practice" in
schedule of variations and other measures appropriate for I the design, construction, operation, and maintenance of
the protection of non-consumptive uses of the water structures or devices requires a considerhtinm and
resource. evaluation of both long-term and short-term effects of the
(3) A further purpose of Chapter "40D-8 is to activity upon the water resources of the )District. Factors
establish minimum flood levels and warning levels for to be considered include the following:
surface water which are anticipated to occur on a (a) Conservation and proper utilization of surface
somewhat regular basis, and which shall serve as a water.
Precautionary warning to all persons who would propose (b) Prevention of damage from floods, soil erosion,
to construct facilities which may be damaged by periodic and excessive drainage.
high water levels. (c) Preservation of natural resources, fish, and
(4) Minimum flows and levels prescribed in Chapter wildlife.
40D-8 are used as a basis for imposing limitations on (d) Storage for aquifer recharge .
withdrawals of water and certain other activities. These (e) Non-consumptive uses, including but not limited
limitations are prescribed in other parts of the rules of the to, navigation, recreation, and anestlict ics.
District. I Specific Authority 373.016f. 373.023, 272.044. 373 10: I'S. L.aw implemented
Specific Authority 373.016, 373.023. 373.044. 373.103 FS. Law Implemented 373.016. 373.042. 373.044 FS. History-New i6-7-78. Amended 1-22-79,
373.026. 373.042. 373.044 FS. History-New 6-7-78. Amended 1-22-79, Previously numbered 16.1- 02.
Previously numbered 16J.8.01
40D-8.031 Implementation.
40D-8.021 Definitions. The terms set forth herein (1) The provisions of Chapter 40D-8 of these rules
shall have the meanings ascribed to them unless the shall continue to be implemented as of May 2, 1978, within
context clearly indicates otherwise, and such meanings !the Hillsborough River. Northwest Hillsborough, Green
shall apply throughout these rules. To facilitate easier ISwamp, Alafia River, Crystal-Homosassa Rtiver,
reference, certain terms defined by applicable statute Manasota. Pithlachascotee River, lPeace' River,
have been included verbatim with appropriate citation. Withlacoochee River, and Pincllas-Anclote River Basins
The terms defined in Rule 40D-0.021 shall also apply and shall be implemented immediately and shall apply
throughout Chapter 40D-8. within the area annexed into the IDistrict by Chapter .
(1) "Management range" means the difference 78-65, Laws of Florida, and shall apply as follows: i
between the established minimum water levels and (a) Management levels of lakes and other :'
minimum flood levels, and represents the capability of an impoundments as prescribed herein shall become effective -., :.
impoundment to receive, carry, or store water, to preserve immediately upon: *.
non-consumptive uses of a surface water body, and within 1. Installation of a staff gage in a prominent
this range the District applies and requires best surface location on the water body;
water management practices. 2. Posting of notice to the public.pursuant to Rule ""'.
(2) "Minimum water level" means the level of 40D-8.616: and, ''
surface water at which further withdrawals would be 3. Publication of notice in a newspaper having '
significantly harmful to the water resources of the area. general circulation within the affected area. .'
Such level shall be expressed as an elevation, in feet above

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" (b) The extreme low management level as adjusted the lake or other impoundment shall immediately Ie
by the cyclic variation shall become effective when similar raised once again to the low management level and the
notice has been given, cyclic variations shall continue.
(2) No management levels shall be prescribed for Specific Authority 373.016, 373.023. 373.044,373.103 FS. Iaw Implemented
any reservoir or other artificial structure which is located 373.016. 373.042. 373.044 FS. History-New 6-7-78. Previously numbered
entirely within lands owned, leased, or otherwise 16-.671.
controlled by the user, and which require water only for 40D-8.611 Minimum Flood Levels.
filling, rtjlenishing, and maintaining of the water level (1) The minimum flood level indicates the minimum
thereof, provided however: level to which high water may be expected to rise on a
(a) 4'hat Chapter 40D-2 rules.shall apply to the use somewhat regular basis and will not necessarily ,
of water for such filling, replenishing, and maintaining of correspond to any particular flood frequency. Flood l
the water level, and, waters may often rise above the minimum flood level. I .
(b) That the minimum flood level pursuant to Rules (2) Docks, seawalls, septic tanks, drain field.Jloor '
40D-8.021 and 40D-8.611 and the flood warning level slabs, and other physical improvements, on land near
pursuant to Rules 40D-8.021 and 40D-8.613 may be lakes and other impoundments for which management
established for any lake or other impoundment levels have been established, should be so located and
determined by the Board to be in the public interest. constructed that their function will not be impaired by
(3) No management levels shall be prescribed for rising water.
Lake Manatee in Manatee County, Ward Lake in Manatee (3) No structure, improvement, or device shall be
County, the City of Tampa Reservoir on the Hillsborugh constructed or operated in such a manner as to diminish
River in Hillsborough County, and the General the capability of a lake or other impoundment to fluctuate
Development Utilities Reservoir constructed in through the full management range established for such
connection with the Southwest Florida Water impoundment.
Management District's Permit Numbers 7500016, 74-172, (4) Property owners are hereby advised that
and 75-290 in DeSoto County. compliance with District Rules and Regulations does not
Specific Authority 373.016, 373.023, 373.044, 373.103 FS. Law Implemented relieve owners of the responsibility of complying with
120.53. 373.016. 373.042, 373.044 FS. History-New 6-7-78. Amended other regulations and ordinances required by local
10-16-78, 1-22-79. Previously numbered 16.1-8.03.
1 governing bodies, e.g. as in connection,with the National
40D-8.603 Management Levels for Lakes and Other Flood Insurance Program.
SImpoundments. Specific Authority 373.016. 373.023, 373.044, 373.103 FS. Law Implemented
(1) In establishing minimum water levels, minimum 373.016, 373.042. 373.044 FS. Hlitory-New 6-7-78, Previously numbered
flood levels and other management levels for lakes and 16J8..672.
other impoundments, the Board shall use the best 40D-8.613 Ten (10) Year Flood Warning Levels.
information available. (1) Flood warning levels are provided for a surface
(2) Data from technical publications, topographic water body as an advisory statement for the public
maps, Geological Survey Water Data Reports and other interest. Property owners, public officials and the general
I studies and records may be considered. Information may public are advised that flooding on a frequency of not less
also be obtained from aerial mapping, hydrographs, than a ten (10) year recurring interval is expected to occur
bottom contour mapping, stage-duration curves, water at the indicated elevation. Flood waters may often rise
quality records, stratified beach deposits, precipitation above the flood warning level.
data and other sources. (2) Floor slabs, septic tanks and drain fields, docks,
S (3) Field investigation may be used to determine sea walls and other physical improvements, on land near
I past surface levels from water marks, wetland vegetation, lakes and other impoundments for which flood warning
and dry land vegetation, and to establish the elevation of levels have been established, should be so located and
septic tanks, docks, seawalls, roads, and floor slabs and to constructed sufficiently above the flood warning level
secure other pertinent information, such that their functions will be be impaired by the rising
Specific Authority 373.016. 373.023. 373.044. 373:103 FS. Law Implemented water.
373.016, 373.042. 373.044 FS. History-New 6-7-78, Previously numbered Specific Authority 373.016. 373.023. 373.044, 373.103 FS, aw Implemented
16J-8.67. 373.016. 373.042, 373.044 FS. History-New 1-22-79. Previously numbered
40D-8.605 Cyclic Variations for Minimum Water 16J.8.6721.
Level. 40D-8.616 Posted Notice.
(1) The elevation of the minimum water level (1) Staff gages will be installed in prominent
established for a lake or other impoundment shall be locations on each lake or other impoundment for which a
lowered below the low management level periodically to management range has been established. A notice shall be
allow fluctuation necessary for the preservation of natural posted in the immediate proximity of the staff gage
resources, fish, and wildlife, and for the protection of non- indicating that management levels have been established.
consumptive uses. The lowered level is designated the (2) The notice shall indicate the elevations of the
extreme low management level, minimum flood level and the applicable minimum water
(2) The low management level shall be the level.
applicable minimum water level for such lake or other Specific Authority 373.016. 373.023. 373.044. 373.103 FS. law Implemented
impoundment until four (4) consecutive years have passed 373.016, 373.042. 373.044 FS. History-New 6-7-78, Previously numbered ,
during which the actual water level has failed to recede to 16J-8.673. O t;
the extreme low management level; in which event the 40D-8.621 Operating Levels for Lakes and Other .''
extreme low management level shall become the Impoundments with Structures.
applicable minimum water level for the lake or other (1) Schedules, levels, and procedures for operation
iimpoundment until the actual water level recedes to or of lakes and other impoundments equipped with ,
below the extreme low management level. Whenever the structures shall be established by the Board. '::..
actual water level recedes to or below the extreme low
management level, the applicable minimum water level for






..,











A (2) The operating range for a structure of a lake or maintained throughout the established management
other impoundment shall be prescribed as that between range. While recognizing the difficulty of maintaining
the high operating level and the low operating level, precise control of actual levels, the schedule shall provide
(a) High operating level shall be established by the the guideline by which the operator of the structure will
Board in consideration of public testimony and in keeping attempt to maintain the prescribed levels insofar as he has
with the best surface water management practices. control.
(b) Low operating level shall be established by the Specific Authority 373.016. 373.023. 373.044. 373.103 FS. Law Implemented
Board inconsideration of public testimony and in keeping 373 016. 373.042 373.044 FS. 1istory-New 6-7-78.. Previously numbered
with the best surface water management practices. 6J 8677
(3).A prescribed schedule for operation of all lakes 400)-8.624 Schedule of Levels for Lakes and Other
and other impoundments with structures shall be Impoundments.
established by the Board. The schedule will contain time (1) Levels for lakes and other impoundments are
Sequences by which the levels of the water body will be hereby established as follows:





Ten (10)


Year Flood i-j Minimum Flood---- Minimum Wate
\YWarning Levy > ( Level Leels_.. -
'ocation oF m Feet in Feet Low Extreme Low,,
Impoundment Above Mean (ove Mean Mgmt.

SLevel
13y County Cea Level Sea Level LueFait n Feet
and Basin (msl) (msl) (msl)-, (m s 1)
(a)' In Charlotte
County within
the Peace River
Basin

I[ b) In Citrus County
within the
Crystal-Homasassa
1 River Basin
i (c) In Citrus County
within the
Withlacoochee
River Basin

.. d) In DeSota County
within the Peace
River Basin

S-(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
S (h) In Hernando
county within
the Hillsborough
River Basin











S Ten (10)
Year Flood Minimum Flood Minimum Water
Warning Level Level Levels
Location of in Feet in Feet Low Extreme Low
.Impoundment Above Mean above Mean Mgmt. Mgmt. Level
Level
By County Sea Level Sea Level in Feet in Feet
and Basip (msl) (msl) (msl) (msi 1)

(i) Jn Hernando
County within
the Withtacoochee
River Basin

(j) In Highlands
County within the
Peace River Basin

(k) In Hillsborough
County within the
Alafia River
Basin

(1) In Hillsborough
County within the
i lillsborough River
Basin

(m) In Hillsborough
County within the
Northwest Hillsborough
Basin,

K^ W c r ^M Lake Gaurihp,

(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

Ten (10)
Year Flood Minimum Flood Minimum Water
Warning Level Level Levels
Location of in Feet in Feet Low Extreme Low
Impoundment Above Mean above Mean Mgmt. Mgmt. Level
Level
By County Sea Level Sea Level in Feet in Feet
i and Basin (msl) (msl) (msl) ( ms 1 )

(r) In Pasco County
within the Pithlachascotee '
SRiver Basin

(s) Pasco County ..
within the
Green Swamp Basin

(t) In P'asco County
within the Hlillsoborough
River Basin t
". ,t:



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

(v) In Pasco County
within the Withlacbochee River Basin

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

(x) In P61k 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

Ten (10) --
Year Flood Minimum Flood Minimum Water Warning
S f Immsdmnknt ikb6eetMean hb&letMean. yrit. MlWtmnthea LLe '
S" ,. Level .
SBy County \,. Sea Level Sea Level in Feet in Feet
and Basin (msl) (msl) (msl) ( m s I)

(bb) In Sarasota County
within the
Manasota Basin

(cc) In Sumter County
i within the
Green Swamp Basin

(dd) In Sumter County
I within the
SWithlacoochee
River Basin
Specific Authority 373.016, 373.023. 373.044. 373.103 FS. Law Implemented
S373.016, 373.042. 373.044 FS. History-New 6-7-78. Amended 1-22-79.
Previously numbered 16J.8.678.





















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