Title: Draft Changes in Workshop Draft
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Permanent Link: http://ufdc.ufl.edu/UF00052883/00001
 Material Information
Title: Draft Changes in Workshop Draft
Alternate Title: Chapter 17-40, F.A.C., Water Policy. Draft Changes in Workshop Draft
Physical Description: 22p.
Language: English
Publication Date: October 1, 1993
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 24 ( SF STATE WATER POLICY - AMENDMENTS ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052883
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

L:1-904-91-4303 Sep 93 14:37 NoU.009 .
i October 1, 1993: Draft Changes in Workshop Draft



17-40.110 Declaration and Intent.
17-40.120 Department Rules.
17-40.210 Definitions.
17-40.310 General Policies.
17-40.4014.1f Water Ue-and-Rettee Sup Protection nd Mnaement.
17-40.412 Water Conservation
17-40.416 Water Rese
17-40.408422 Water-. ren e r Interdistrict Transfer
17-40.424 Wellhead Protection
17-40.40840 Water Quality Protectin and Management.
17-40.4O44=2 Surface Water Management.
17-40.450 Flood Protection
17-40.458 Floodplain Protection
17-40.470 Natural Systems Protection and Management
17-40.40642 Minimum Flows and Levels.
17-40.475 Protection Areas for Surface Water

17-40.510 Florida Water Plan
17-40.6320 District Water Management Plans.
17.40.530 Department Review of District Water Management Plans
17-40.540 Water Data

17-40.,i1fil Review and Application.

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October 1, 1993: Draft Changes in Workshop Draft

PART I (5)_It is an objetive of the State to protect the
2 GENERAL WATER POLICY 50 functions of entire anloical svatems.((Change to
read: "It Is an objective of the state to protect the
4 17*40.110 Declaration and Intent. 52 functions of entire ecological systems, as
(1) The waters of the state are among its basic re- developed and defined In the programs, rules,
6 sources. Such waters should be managed to con.64 and plans of the Department and water manage.
serve and protect natural resources and scenic ment district."))
8 beauty and to realizethe full beneficial use of the56 (6) Government services should be provided eff-
resource. Recognizing the importance of water to cientlv. Ineffidencv resulting from duplication of
10 the state, the Legislature passed the Water Re-58 permitting shall be eliminated where annroari.
sources Act, Chapter 373, Florida Statutes, and ate. including water aualitv and water ohantit
12 the Air and Water Pollution Control Act, Chapter60 nermittingfunctions.
403, Florida Statutes. Additionally, numerous (7) Public education, awareness. and partici.
14 goals and policies within the State Comprehen-62 nation shall be encouraged. The Denrrtment and
sive Plan, Chapter 187, Florida Statutes, address Districts should assist educational institutions in
16 water resources and natural systems protection. 64 the deelonment of educational curricula and re-
(2) This Chapter is intended to ri flG ra.Xide search nrogranms which meet Florida's present
18 water policy goals. objectives. and _uidance for66 and future water mnaement eeds.
the development and review of roerams. rules'. (Oi This Chapter does not repeal, amend or
e20 and lan gelatin to water resources as ex-68 otherwise alter any rule now existing or later
pressed in Chapters 187, 373, and 403, Florida adopted by the Department or Districts. How-
22 Statutes, ..and. l 0 1 V-- a. 70 ever, procedures are included in this Chapter
l .... ., t..a .n.... i. v.. u.o..n. which provide for the review and- mediE,,fiti of
24 1.h-namu, cua. dpllns. 72 Department and District plans, prn ams. and
() These policies shall be construed as a whole rules to assure consistency with the provisions of
26 and no individual onlicy shall be construed or anp-74 this Chapter. The procedure for modification rf
p lied in isolation from other policies. District rules as requested by tha Department
28 ((Add as new numbered section, renumber other76 shall be as prescribed in Setion 373114, F.S.
sections: (4) "Notwithstanding the Incorporation and annlicable provision of this Chanter.
30 of other Department rules In 17-40.120, this78 (f. It is the intent of the Department, in coop-
chapter shall not constitute standards or criteria eration with the Water Management Districts, to
32 for decisions on Individual permits." 80 seek adequate sources of funding to supplement
District ad valorem taxes to implement the provi-
(4) A goal of this Chapter is to improve coordina.82 sions of this Chapter.
34 tion between land and water manae- Specific Authority: 373.026(10), 878.048,
m.t((Change to "A goal of this Chapter is foS4 ((373.171),os.o81(s), F.S. ((403.073))
36 coordinate the management of water and related Law mplementd: 373.016, 373.114, 408.061(8),
land resources")) Local governments shall 8 408.0891, F.S. ((403.07 Ch. 93-213, 2 1993 Fla.
38 consider state water policy in the development of Lws 165 21654))
their comprehensive plans required by Chapter
40 163, Florida Statutes, as required by Section88ly numbered y17
40.01. Amended 124-4-8. Previously numbered 17.
403.0891(3Xa), F.S. Special districts which90 40.001, Amended 8-14.90, 12-17.91.
42 manage water shall consider state water policy in
the development of their plans and nrorrmas.
44 The Legislature has also expressed it intent. in92 17-40.120 Department Rules.
Section 373.0395. F.S. that future growth and State water policy shall also include the following
46 development planning reflect the limitations oft4 Department rules:
the available ground water and other water (1) Water Quality Standards, Chapter 17-3,
48 zagli.j, 96 F.A.C.
(2) Surface Water Quality Standarda, Chapter
98 17-302, F.A.C.


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October 1, 1993: Draft Changes in Workshop Draft

(3) Surface Water Improvement and Manage-46 4X&S "Effluent", unless specifically stated other-
2 ment, Chapter 17-43, F.A.C. wise, means water that is not reused after flow-
(4) Ground Water Classes. StandardsL and Ex.48 ing out of any wastewater treatment facility or
4 emotion Chanter 17-520 FA. other works used for the purpose of treating,
(5DrinkinWater Standard. Moniorin. and650 stabilizing, or holding wastes.
6 Reportin. Chaoter 17-550. F.A.C. (9) "Floodnlain" means land area subject to
52 inundation by flood waters from a river water-
course. lake. or coastal waters. Floodplains are
8 Specific Authority: .0267), 373.02(10), 373.04 4 delineated accrdi to their estimated risk of
408.081(3388), 403.805, 03.861. F.S._____tthi_____
10 Law Implemented: 373.016, 373.114, 403.061(33), floodin((Change to read: "delineated according
4Oa.ss. 408.0891, F.S. 66 to their estimated frequency of flooding')
12 History: Now 8-14.90. Amondad. ()(Y1 "Florida Water Plan" means the State
68 Water Use Plan fu .a -'-ldJu ...uat C .im .
14 PART 8. Flria S ite, together with the
DEFINITIONS 60 water quality standards and water classifications
DefionsI, adopted by the Departmentin C%-hap. G --a
16 17-40.210 Definitions. 62 17-'A000, FA"
When used in this chapter and in the review of 8 "Governing Board" means the governing
18 rues of the Districts pursuant to Section64 board of a water management district.
373.114(2), F.S., unless the context or content of f(2) "Ground water" means water beneath
20 such District rule requires a narrower, more spe. 6 the surface of the ground, whether or not flowing
cific meaning, the following words shall mean: through known and definite channels.
22 (1) "Aquifer" shall mean a geologic formation, 68 (13) und w ailitan
group of formations, or part of a formation that tnti)l aGuantit of ground wabiity" whicman the
gouoftial quantity of round water which can be
24 contains sufficient saturated permeable material70 ithd wthut reltinin inificant
to yield useful quantities of ground water to to the water resources or associated ecosystems.
26 wells, springs or surface water.
72 (14) "Ground-&ater hikinso an around
((Add new definition and renumber: "Associated7 flw system that has defined baundro nd water
floody Aftlnmthat h dndndari* ArisADmA y
28 ecosystem" means ecological systems support.74 include ermeable materials that are capable of
Ing aquatic and wetland-dependent natural statoin r frnis a igificflant water supy.
30 resources, Including fish and wildlife habitat)) 76 The bain includes both the urfae area and the
(2) "Consumptive use" means any use of water permeable materials beneath iL
32 which reduces the supply from which it is with.78 (1fi "High recharge area" mean aras eontrib.
drawn or diverted. uting sinifeant volumes of water which add to
34 (3) "Department" means the Department of Envi.80 the storage and flow of an annifer through verti
ronmental ReatCinM Protection. cal movement from the land surface. The term
ronmental &g IE Mf at82'i 0frg ta.
36 (4) "Detention" means the delay of stormwater82 si tiifiecntwill yary gographicly dependl o
runoff prior to its discharge.
38 (5) "District" means a Water Management Dis-84 (16) ."hnm niunt load redution gtoal
means a best iudvment numeric estimate of the
trict created pursuant to Chapter 378, Florida86 leel of nnllutant load reduction antiited to
40 Statutes.
4re Statutes result from planned corrective actions as an
(6) "District Water Management Plan" means the88 intrim stea toward the goal of prerserving or
42 long range comprehensive water resource man- restorin designated uses ((Add: "of receding
arement _lan prepared by a District. 90 bOdi water")) and nmaiunt.inx wter maiitv
44 (8fi "Drainage basin" means a subdivision of a consistent with anlicabl stat standards.
watershed. 92 ((Add a definition and renumber: "Natural
Systems" means "associated ecosystems."))


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October 1, 1993: Draft Changes in Workshop Draft

4i1 "Nutrient limitations" means those 2. Agricultural irrigation (such as
2 numeric values which establish a maximum or50 irrigation of food, fiber, fodder and
minimum allowable nutrient loading or concern. seed crops, wholesale nurseries, sod
4 tration, as appropriate, for a specific nutrient. 52 farms, and pastures);
Nutrient limitations are established through an 3. Aesthetic uses (such as decora-
6 individual permit or other action within the 54 tive ponds and fountains);
regulatory authority of the Department or a 4. Groundwater recharge (such as
8 District. These limitations serve to implement 6 slow rate, rapid-rate, and absorp-
state water quality standards. tion field land application systems)
10 (18) "Pollutant load reduction rgal" means eti-L58 but not including disposal methods
mated numeric reductions in pollutant loadinms described il 1--e 17 40 ,10(1 -),
12 needed to preserve or restore designated uses of6n I. i n (b) below;
receiving waters((f receiving bodies of water)) 5. Industrial uses (such as cooling
14 and maintain water quality consistent with82 water, process water, and wash
aanlicable state standards- waters);
16 (19) "Prime recharge areas" means areas that are64 Ental ...... a......
generally within, but not limited to. high re-. ....0e ,'ate.. r... lt.. g f,' m d'-
18 charge areas that are significant to present andP66 -- O... e -eAWd ...... IF- ain'
future aurond water uses including protection ie e, l e
20 and maintenance of natural systems and water g8 ., t e...... .. r o ---- 1--P-
msanv. ((Change to: "Prime recharge areas" of a,- 1%.0 ..aaI. fo l. a && r
22 means areas that are generally within high70 res-orati -((Do not make a
recharge areas and are significant to present and change In the current rule))
24 future ground water uses Including protection 72 Fire protection; or
and maintenance of natural systems and water 8:. Other useful purpose.
26 supply) ) 74 (b) Overland flow land application sys-
+(2H) "Reasonable-beneficial use" means the teams, rapid-rate land application systems
28 use of water in such quantity as is necessary for76 providing continuous loading to a single
economic and efficient utilization for a purpose percolation cell, other land application
30 and in a manner which is both reasonable and78 systems involving ess than secondary
consistent with the public interest, treatment prior to application, septic
32 (4(2 "Reclaimed water" moans water that has 80 tanks, and groundwater disposal systems
received at least secondary treatment and is using Class I wells injecting effluent or
34 roused after flowing out of a ((Add "domestic))82 wastes into Class G-IV waters shall be e
wastewater treatment facility. cluded from the definition of reuse.
36 04)(221 "Retention" means the prevention of84 f*+6W4 "Secretary" means the Secretary of the
stormwater runoff from direct discharge. Department of Environmental Megio4n Prar.ot-
38 (+6t23 "Reuse" means the deliberate application 86
of reclaimed water, in compliance with Depart. 2 "State water quality standards" means
40 ment and District rules, for a beneficial purpose. 88 water quality standards adopted by the Environ-
mental Regulations Commission pursuant to
(a) Fr..--eiaple Where apnropriate, ((D090 Chapter 403, Florida Statues, including stan-
42 not make a change In the current dards comprised of designated most beneficial
rule.))said uses may encompass: 92 uses (classification of waters), the numerical and
44 1. Landscape irrigation (such as it- narrative criteria applied to the specific water
rigation of golf courses, cemeteries, 94 use or classification, the Florida anti-degradation
46 highway medians, parks, play- policy, and the moderating provisions contained
grounds, school yards, retail nurs-96 in Rules 17-3. .nd 17-4, 17-302. 17-520. and 17-
48 series, and residential properties); 6S. FA.C.


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October 1, 1993: Draft Changes in Workshop Draft

0 26) "State Water Use Plan" means the plan46 4 34)l 'Water" or "waters in the state" means
2 formulated pursuant to Section 373.036, Florida any and all water on or beneath the surface of
Statutes.- -t -- O d V-lVO .t 6.--f wa ,er48 the ground or in the atmosphere, including
4 he taMe...7((D not make this change In the natural or artificial watercourses, lakes, ponds,
current rule.)) 50 or diffused surface water and water percolating,
9 "Stow m s te w r w h standing, or flowing beneath the surface of the
6 "Stormwater" means the water which ground, as well as all coastal waters within the
results from a rainfall event, jurisdiction of the state.
8 f3NW2), "Stormwater management program 4 "Watershed" means the land area which
means the institutional strategy for stormwater watershed" means the ad area wk
means the institutional state for stormwater contributes to the flow of water into a receiving
10 management, including urban, agricultural, and5 body of water.
other stormwater.
oh sto 3rmwater 6) 'Watershed management RPal" means an
12 2 "Stormwater management system"5 overall a which provide the general strategies
means a system which is designed and con. for the management of water resources within a
14 structed or implemented to control stormwater,
incorporating methods to collect, convey, store,60 tr
16 absorb, inhibit, treat, use, or reuse stormwater to
prevent or reduce flooding, over-drainage, envi.62 Specific Authority: 873.026(10), 878.0391. 73.03915
18 ronmental degradation and water pollution or 373.043, ((373SA)) 403.061(83). F.S.
otherwise affect the quantity and quality of dis-64 Law Implemented: 378.016, 378.026(7), 373.114,
20 charges from the system. 403.061(33), 408.0891, F.S. ((Chatw "I.s plawnw t
char66 to: 370.013, 372.01, 37T026(7), 37 0, m7.0391, 37t.3S,
(fN= '"Stormwater utility" means the entity 373.042 3.114, M7.174 37 1373.4 711, 314s, 77373(1)
22 through which funding for a stormwater man-68 40.0si(X3X34) 0.s15(3), aoe4a, 40s.0e, 4oM.e F.S., Ch.
agement program is obtained by assessing the 82414, #.2 I Fl. Laws 182, I16, Ch. 95% 3 h 1 2, 1993 R.
24 cost of the program to the beneficiaries based on70 Lmw 165, I1 (to be o daofled a. Stat. 373.413), CA. a
their relative contribution to its need. It is oper. 21, & 19 I Ltws 166 (mndling A t a
26 ated as a typical utility which bills services regu-72 73.414(101))
larly, similar to water and wastewater services. History: New 55-81. Previously numbered as 17
74 40.02. Amended 12-6-88. Previously numbered 17-
28 08%31} "Surface water" means water upon the 40.020, Amended 8-14.90, 12-17-91.
surface of the earth, whether contained in76
30 bounds created naturally or artificially or dif-
fused. Water from natural springs shall be
32 classified as surface water when it exits from the78 PART I
spring onto the earth's surface. GENERAL PROVISIONS
34 (32) "Surface water availability" means the noten.80
trial nuantitv of surface water that can be 17-40.810 General Policies
36 removed or retained without significant harm to 82 The following statement of general water policy
the water resouires or associated ecosystem. shall provide eo-+e" noliav idanea ((Chango to
38 (33) "Water resource caution area" means.a 84 "sMIl guide Department revW"))for Department
"geoPraphic area identified by a waterman review of water management programs, rules,
40 ment district as having existing water resource86 and plans. Water management programs, rules
problems or an area in which water resource and plans, where economically and environmen-
42 problems are projected to develop during the next ally feasible, not contrary to the public interest,
twenty vears. A critical water sunnly problem and consistent with Florida law, shall, seek to ,
44 area. a described in action 403.064. F.S.. is an and consistent with Florida law, shall, seek to:
example of a water resource caution area. 90 (1) Water Supnly
LflaAssure availability of an adequate and af-
92 fordable supply of water for all reasonable-
beneficial uses. Uses of water authorized by
94 a permit shall be limited to reasonable-benae
ficial uses.


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October 1, 1993: Draft Changes in Workshop Draft

r- 2 to support essential non-withdrawal de-48 tion of facilities which dam, divert, or other-
mands, including navigation, recreation, and wise alter the flow of surface waters to pie
4 the protection of fish and wildlife. 50 rent minimize damae from increased flood-
(Wl Champion and develop sound water ing, soil erosion, or excessive drainage, nt
6 conservation practices and public informa-52 habitat alteration((Do not make the addition
tion programs. of "habitat alteration")
8 (4d) Advocate -and direct the reuse of re-54 %&l.) Encourage the management of flood-
claimed water as an integral part of water plains and other flood hazard areas to pre-
10 and wastewater management programs,56 vent or reduce flood damage, consistent with
rules, and plans consistent with protection of establishment and maintenance of desirable
12 the public health and surface and ground58 hydrologic characteristics and eeoolical
water quality. fnetions ((Change "and ecological funoe
14 (6gl Encourage the use of water of the low-60 tons" to "and associated eosystems')of
est acceptable quality for the purpose in. such areas.
16 tended. 62 (d) Eneourage the development and imnle-
f*l* Encourage the development of local mentation of a strict flndplain management
18 and regional water supplies within districts 64 roram by state. regional. and local goa-
rather than transport water across District ernments deAined to reserve hvdrolc'i-
20 boundaries. 66 call significant wetlands and other natural
(gl EnMurae ((Add "demand management floodlain features.((Change "preserve
22 and"f the development of alternative water 68 hydrologically signftcant wetlands and other
asunlies. including water conservation natural floodplain features" to preservee
24 reuse of reclaimed water desalination.70 floodplain functions and asociated
stormwater rouse, and aquifer storae. re- ecosystema".)
26 charge and recovery. ((Change "ormwter2 (e) Avoid the eenditure of public funds
Sruse, and aquifer storage, recharge, and that encourage or. sub1idie i(Add
28 recovery" to "stormwater reuse, Weharge, 74 "IncompMible') new devel moment or inifi.
and aquifer recharge and recovery, '" ant exansin of enxitinf development in
30 *(lh Protect aquifers from depletion 76 hih-hazard flood areaa((Chang@ "high-
through water conservation and preserva- hard flood areas" to: "flood prone ars"))
32 tion of the functions of high recharge areas. 78 ( Minimize flood-related .meencies.
(2) Water Quality Protection and Management huma n disasters. loss of property. nd other
34 t(-14 Restore and protect the quality of80 associated impacts.
ground and surface water by ((Add "solving (4) Natural Systems Protection and ManaFement
36 current problems and by")) ensuring high82 f H*( Establish minimum flows and levels
quality treatment for stormwater and to protect water resources and the environ-
38 wastewater. 84 mental values associated with marine, estu-
0Khi Identify existing and future public arine, freshwater, and wetlands ecology.
40 water supply areas and protect them fromg86 *i0)hl Mitigate adverse impacts resulting
contamination, from prior alteration of natural hydrologic
42 (3) Flood Protection and Floodnlain Protection 88 patterns and fluctuations in surface and
fIM)al Encourage nonstructural solutions to ground water levels.
44 water resource problems and give adequate 90 (6XC) Utilize, preserve, restore, and enhance
consideration to nonstructural alternatives natural water management systems and dis-
46 whenever structural works are proposed. 92 courage the channelization or other altera-
tion of natural rivers, streams and lakes.
94 (5) Management Policies

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October 1, 1993: Draft Changes in Workshop Draft

Sf*(A) Protect the water storage and water 2 *Q( In determining whether a water use is a
2 quality enhancement functions of wetlands, reasonable-beneficial use, the following factors
floodplains, and aquifer recharge areas 54 will be considered:
4 through acquisition, enforcement of laws, (a) The quantity of water requested for the
and the application of land and water man-56 use;
6 agement practices which provide for compact (b) The demonstrated need for the use;
ible uses.
(bl us as. f n 568 (c) The suitability of the use to the source of
8 (b) Emphfaize the prevention of pollution water;
and other water resource problems.
o 60 (d) The purpose and value of the use;
10 (Wc) Develop interstate agreements and60 (dThepurposeandvalueof he ue;
undertake cooperative programs with Ala- (e) The extent and amount of harm caused;
12 bama and Georgia to provide for coordinated62 (f) The practicality of mitigating any harm
management of surface and ground waters. by adjusting the quantity or method of use;
14 64 (g) Whether the impact of the withdrawal
Specific Authority: 878.026(10), 403.0891, (F373.06)) extends to land not owned or legally con-
16 373.043,403.061(33), F.S. 66 trolled by the user;
Law Implemented: ((37S.01S))373.016, 373.026(7), (h) The method and efficiency of use;
18 ((37301, $73. 0, 73.042A 74, 374.0U, T3.05,68 (i) Water conservation measures taken or
37S.10$(4)), 873.114(3717, (3771 7S, 3173, 3.223, 37341, vilable to be taken;
20 73.418, 373.451, 377.71(1), 408.061(88), ((34)X(44a0.M1of3), available to 0 taken;
403.U4)403.0891,((Ch. -t213, a 2, 193. Laws Lw8 a1, I4 70 (j) h.., .....lty f ... l..... ...... f,
22 ChS13, s. 209, 1993 FIL Laws 1652, 16S (to be odIMd at F*I. and Le paVticfalty ,f r e ,me the me ofr
Stat 373.4135), Ct C 9A s0, 199M F Laws m 1652, 172 weert- of re si mt.Lable 6%pam ThL feaibil.
24 (ausedng Ra. taStat 373.414 (1991))) F.8. itv of alternative sources such as relaimed
History: New 7.1-81. Previously numbered as 17-74 water. atormwater. brackish water and salt
26 40.03. Amended 12-5-88. Previously numbered as 17 water
4.030, Amended 8-14.90, 12-17-91.
28 76 (k) The present and projected demand for
SPARTV the source of water;
30 ESOUCE78 (1) The long term yield available from the
30 RESOURCE PROTECTION AND source of water;
MANAGEMNT 80 (m) The extent of water quality degradation
32 caused;
17-40 4GL10 Water Sunnlv Protection andf82 (n) Whether the proposed use would cause or
34 MTnnVement W"a'-. "-d %. & Vl %- contribute to flood damage;
The following shall apply to those areas where84 (o) Whether the proposed use would signifi-
36 the use of water is regulated pursuant to Part II cantly induce saltwater intrusion;
of Chapter 373, Florida Statutes:
of Chapter 373, Florida Statutes: 86 (p) The amount of water which can be with-
38 (1) The ownership of land in the State f Florida drawn without causing harm to the re-
does not constitute an entitlement to consumn-88 source;
40 tive use of the water that exists on or below that
lad. Part II of Chantr 373. P.S. and th r l (q) Whether the proposed use would ad-
42 trv Inr rom adonterd thereto n dr-nnt. the-r 90 versely affect public health; and
constitute the sole authority for permitting the (fr) Whether the nronosed use would signifi-
44 consunmtive use of water ((Do not add this92 cantly affect ecosystem functions and
sMotion to current water policy.)) natural resourcas.((Do not make this change
46 E-X. No permit shall be granted to authorize the n urrt water policy.))
use of water unless the applicant establishes that *K4w1 Water shall be reserved from permit use in
48 the proposed use is a reasonable-beneficial use,96 such locations and quantities, and for such sea-
will not interfere with presently existing legal sons of the year, as is required for eithaz ((DO not
50 uses of water and is consistent with the public in-98 add "eltfer")) the protection of fish and wildlife
terest. or the public health or safety.

E 6

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October 1, 1993: Draft Changes in Workshop Draft

(6) Water use shall not be allowed to exceed
2 ground water availability or surface water62 Specifc Authority: 373.026, 873.048, ((37.171,
availability. ((Add: "If ether is exceeded, the 403061(3)))F.S.
4 Dstricts shall expeditiously and equltably solv54 Law Implemented: 187.101(3), 378.018,
the problem.") e Districts shall establish 373.0391(2Xe), (J1042))Part II, 873, 403.064, F.S.
6 priority protection for the water mualv of natulral56 History: New 5.5-81. Amended 2-4-82, 12.-88.
stgm when makin the detrmintion a Previously numbered at 17-40.04. Previously
sysms when makin th determinaton 58 numbered as 17-40.040, Amended 8-14.90, 12-17-91.
8 around water avalability and surface water evi, ly numbered a 7-40.401 Amnded.
availabilit((Do nofadd the previous sentence to60
10 current water policy.)) 17-40.412 watr Coervatin
1fW In implementing consumptive use permit-62 The overall water conservation geal of the state
12 ting programs, the Department and the Districts shall be to prevent and reduce wasteful. uneco-
""" ..... -" .. .10 ), F..., '-" 64 nominal. impractical. or unreasonable 1ue of the
14 ihal recognize the rights of property owners, as water resource. Conservation of water shall be
limited by law, to make consumptive uses of66 required unless not economically or environment.
16 water from their land, and the rights of other tally feasible. The Districts shall accomplish thi
users, as limited by law, to make consumptive 682]
18 uses of water, for reasonable-beneficial uses in a
manner consistent with the public interest that (1) Aaditin lol and reroonal Yoernments
20 will not interfere with any presently existing70 ((Add "and otherr partly) ) in formulatingr plans
legal use of water. to conserve water to meet their lon-term needs:
22 f47) Permits authorizing consumptive uses of72 (2) Establishing efficiency standards for urban.
water which cause unanticipated significant ad- industrial. and agricultural demand management
24 verse impacts on off-site land uses, ecoatem 74 which may include the following:
funcfiona. or water and related land resources (a) Restrictions against inefficient irrigation
26 ((Do not make this additon.))existing at the time76 practice-;
of permit application, or on legal uses of water (b) Uging a uniform time period of 10:00 am.
28 existing at the time of permit application, should78 to 4:00 p.m when daily restrictions are im-
be considered for modification, to curtail or abate posed on irriantion:((ChMntg to: If District
30 the adverse impacts, unless the impacts can be80 Imposes dally restrictlons on particular Irr-
mitigated by the permitted. gation actlvltls or Irrigaton source, using
32 (8) The provisions contained in Section 373.233.82 a uniform tim period of 1000 am. to 4:00
F3.. entitled "Competing Anlifcations." and any p "))
34 rules adopted pursuant to it shall be the sole
method for the allocation of anv quantitv of water84 (ib(c)) minimizing unaccounted for water
36 lbinrm sought by and insufficient for two or more 1LAMA
competing applications. ((Delet he th previous86 sL((d) Promoting water conserving rate
38 sentence, but not the next one.))Th&.e Ditr structures
shall determine whether any ending application 88 (d) Water conservinF plumbing fixtures:
40 comnetes with any other nendine annlication and (e) Xeriesane: and
whether the requirements of Section 373.233.0 {f) Rain sensors.
42 F.S.. and implementing rules. should be used to
determine which application best serves the ((Combine current (d), (e), end (f): "(9) Pro-
44 ubli interest. 92 voting water conserving plumbing fixtures,
(9) Any reallocation of an existing permitted xerlsape, and rain sensors.
46 anuantity of water shall reoquir a permit ((Change94 (2 Mjaintainin_ public information and education
"shall require a permit" to "shall be reviewed by _roramn for lonr- and short-term water conser-
48 the District")) and shall be subioct to tll comelI.96 Yatin goals;
ance with the apnnlicable permitting criteria of
50 the District_

SEP 30

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October 1, 1993: Draft Changes in Workshop Draft

(4) Executing provisions to implement the above (OY The districts shall periodically update their
2 criteria and to consistently anplv water shortae44 designations, of r"'--al ..L. applyy .,,.-
restrictions between those Distriets whose are* water resource cution areas by rule. Such
4 boundaries contain political iurnisditions lIeated46 updates shall occur within one year after updates
in moral than one District of the district Plan prepared pursuant to Rule
6 48 17-40.6052 FA.C. After completion of the
Specific Authority: 378.026, 873.043, PS. district Plan or updates pursuant to Rule 17.
8 Law Implemented: 873.171, 373.175, 373.185, 378.196, 50 40.62M F.AC., the Districts may limit areas
873.1961, F.S. -- where ruse shall be required to areas where
10 History: New 5-5-81. Amended 2-4-82, 12-6-88.52 reuse is specified as a remedial or preventive
Previously numbered as 17-40.04. Previously action pursuant to Rule 17.40.6 4ff62Q, FA.C.
12 numbered as 17-40.040, Amended 8-14-90, 12.17-91.54 Any such limitation of areas where reuse shall be
Previously numbered s 740.401. Amnded. required shall be designated by rule.
14 ((Change l the cAseos abos to rwd: 56 (5 A reasonable amount of reuse of reclaimed
spseff wMuth*y: S7.026 $7.04 40.061(33), F.. water from domestic wastewater treatment facili.
16 lw plhndd: mi7, 73.17, 17.$, mrw m es,58 ties mey sh ((Do not make a change fom
18 "atr l y" to "Shall")) be required outside of areas
18 sty: -. ) 60 designated pursuant to Rule 17-40.4 01,f614) ,
F.A.C., as subject to elti.al water supply
20 17-40.418 Water Re6e. 62 problems, provided:
W( As required by Section 373.0391(2)(e), F.S., (a) Reclaimed water is readily available; and
22 the districts shall designate areas that have 64 ((Add new factor: (b) Consideration is given
water supply problems which have become criti- to economic, environmental, and technical
24 cal or are anticipated to become critical within
the next 20 years. The Districts shall identify66 facors; and)
26 such aikeo wtepp ...prbl e ,s w atle (b)((C)) The Ddistrict has adopted rules for
resource caution areas during preparation of a 68 reuse in these areas.
28 District Plan pursuant to Rule 17-40.6O2 (6) The reulatorv mechanism for District
F.AC., and shall adopt these designations by70 requirements related to rese of reclaimed water
30 rule by November 1, 1991. shall be thronuh consumtihv ne permits issued
(2) Reclaimed water is a water resource in the 72 to either end users or public water sunnlers. The
32 state which must be used in a rensonable- Districts shall not reauire a conumptive use
beneficial manner. 74 permits for wastewater facilities. which would
34 (2 A reasonable amount of reuse of reclaimed not otherwise need a tcnsumr tive use nermit for
water from domestic wastewater treatment facili-76 the Msle purnagse f rnquirinr rease.
36 ties shall be required within designated-eriiea (1 The Department encourages local govern.
sr suO p p'" --n water resource caution areas. 78 ments to implement programs for ruse of r
38 e- u... ch ree is mi,,,, a.l.,, ,;, - claimed water. These rules shall not be deemed to
r -y, .A..nA.. ly, fibi., ((CIhnge to:80 preempt any such local reuse programs.
40 "Within degsgnated water resource caution areas, (81 As required by Section 373.0391(2Xe), F.S.,
considering economic, environmental, and82 the districts shall designate areas that have
42 technical factors.")) water supply problems which have become criti-
84 cal or are anticipated to become critical within
the next 20 years. The Districts shall identify
86 such r-- '" -,.... ... ,---''--- water resoumrs
caution areas during preparation of a District
88 Plan pursuant to Rule 17-40.612S F.A.C., and
shall adopt and amend these designations by rule

S: 8

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October 1, 1993: Draft Changes in Workshop Draft

S((Delet the following setlon, which Inadver.52 (d) The present and projected water needs of
2 tently dupllcateN text above.))(i91 The districts the supplying area are reasonably deter-
shall periodically update their designations of4 mined and can be satisfied even if the rew
4 J .. p rt tranafr takes place;
source caution areas by rule. Such updates shall56 (e) The tra IWprt transfer plan incorporates
6 occur within one year after updates of the District a regional approach to water supply and dis-
Plan prepared pursuant to Rule 17-40.6126,58 tribution including, where appropriate,
8 F.AC. After completion of the Dlistrict Plan or plans for eventual interconnection of water
updates pursuant to^Rule 17-40.606642 F.A.C., 60 supply sources; and
10 the Districts may limit areas where reuse shall be (f) The trienpo trianZfe is otherwise con-
required to areas where reuse is specified as a62 sistent with the public interest based upon
12 remedial or preventive action pursuant to Rule evidence presented.
17-40a O6 52Q0 F.A.C. Any such limitation of64 (3 'Te interdi'trict transfer and use of Pround
14 areas where reuse shall be required shall be des- wter munat mgiat the reauirements of Section
ignated by rule. 66 37 -22915. Forida Satutes.
Specific Authority: 373.026, 873.048, ((403.1(33)F.. 68 Specific Authority: 373.026, 373.048, 403.806, F.S.
18 Law Implemented: 187.101(3), 373.016, Law Implemented: 373.016, Part II, 378,
((373TJ3()))378.0891(2X)), Part n, 373, 408.064, P.S. 70 ((40S.O1(33)))F.S.
20 History: New 54;-81. Amended 2-4-82, 12-6-88. History: New 6-5.81. Previously numbered a 17-
Previously numbered as 17-40.04. PreviouslY72 40.06. Amended 12.5-88. Previously numbered 17-
22 numbered as 17-40.040, Amended 8.13-90, 12-17-91. 40.050. Previously nimberd U 17-40.402. Amende
Previously numbered a 17-40.401 Amended. 74
24 17-40,4M Wellh d Prttion
17-40:42B622 W.4' -r-.-epe Tnttrrdiatrcti
26 17 -40:406=2 VYaM OMac % f nt-rdistrictW76 (Rsgrved ((Do not add this "sered" section.))
26 Trtar-g.
The following shall apply to the transfers of
28 surface nnd ground water where such transfers 78 17.40.4M08A Water Quality Prateftinn and
are regulated pursuant to Part II of Chapter 373, MfnnL foment
30 Florida Statutes: 80 (1) Water quality standards shall be enforced
(1) The b-a epo trInsfer or use of surface water pursuant to Chapter 403, Florida Statutes, to
32 across District boundaries shall require approval82 protect waters of the State from point and non-
of each involved District The transfer or use of point sources of pollution.
34 ground water across District boundaries shall84 (2) State water quality standards adopted by De-
reuirfe anproval of the District where the with- apartment rule shall be a part of the Florida
36 drawal of around water occur. 86 Water Plan.
(2) In deciding whether the transpe transfer
38 and use of qsuface water across District bounda- 88 Specific Authority: 403.061, 873.026, 873.043, 403.805,
ries is consistent with the public interest pursu- F.S.
40 ant to Sections 373.223, Florida Statutes, the 90 Law Implemented: 373.089, 403.021, FS.
Districts should consider the extent to which: History: New 5.5-81. Previously numbered as 17-
42 (a) Comprehensive water conservation and92 40.06. Amended 12-6-88. Previuly numbered 17-
reuse programs are implemented and en- 40.060. Teviausly numbered n 17.40.401. Amended.
44 forced in the area of need. 94
(b) The major costs, benefits, and environ- 17-40.4BOM2 Surface Water Protection and
46 mental impacts have been adequately deter-96 Management.
mined including the impact on both the sup- (1) Surface Water Protection and Management
48 plying and receiving areas; 98 Goals.
(c) The transport tranafae is an environmen- The following goals are established to provide
50 tally and economically acceptable method t00 guidance for Department, District and local gov-
supply water for the given purpose; ernment stormwater management programs:


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October 1, 1993: Draft Changes In Workshop Draft

(a) It shall be a goal of surface water man- 52 (d) It shall be a goal of stormwater manage-
2 agement programs to protect, preserve and ment programs to reduce unacceptable pol-
restore the quality, quantity and environ-54 lutant loadings from older stormwater man.
4 mental values of water resources. A goal of agement systems, constructed before the
surface water management programs in-56 adoption of Chapter 17-25, F.A.C., (February
6 eludes effective stormwater management for 1, 1982), by developing watershed manage-
existing and new systems which shall seek58 ment and stormwater master plans or
8 to protect, maintain and restore the fune- District-wide or basin specific rules.
tions of natural systems and the beneficial60 (e) The concept of developing comprehensive
10 uses of waters. watershed management plans in designated
(b) The primary goals of the state's stormwa-62 watersheds is intended not only to prevent
12 ter management program are to maintain, to existing environmental, water quantity, and
the maximum extent practicable, during and 64 water quality problems from becoming worse
14 after construction and development, the pre- but also to reduce existing flooding problems,
development stormwater characteristics of a66 to improve existing water quality, and to
16 site; to reduce stream channel erosion, pollu- preserve or restore the values of natural sys-
tion, siltation, sedimentation and flooding; to 68 terns.
18 reduce stormwater pollutant loadings dis- (2 Watershed management goals shall be de-
charged to waters to preserve or restore70 veloped by the District for all watered within
20 beneficial uses; to reduce the loss of fresh the boundie of each District and shall be
water resources by encouraging the reuse of72 consistent with the SWIM (Surface Water
22 stormwater; to enhance ground water re- Imorovement and Manaement) Proram and
charge by promoting infiltration of stormwa-74 th EPA National Pollutant Dischare Elimina.
24 ter in areas with appropriate soils and geol. tion System (NPDES) progmn. 1r im .ar
ogy; to maintain the appropriate salinity re-7 .. __ _Lp M1 .. ,m r
26 gimes in estuaries needed to support the 4- ..... *h .... w r ... .
natural flora and fauna; and to address78 "--- I -t ---, or -- ---
28 stormwater management on a watershed ia--. .-.: L l _.. .... .. ....
basis to provide cost effective water quality 80 staal.. Watershed mana t ment Pnals shall
30 and water quantity solutions to specific wa- be included in the District Water Manaremnt
tershed problems. 82 Pn.
32 (c) Inadequate management of stormwater (OU Stormwater Management Program Imple-
throughout a watershed increases storm-84 mentation. As required by Section 403.0891, F.S.,
34 water flows and velocities, contributes to the Department, Districts and local governments
erosion and sedimentation, overtaxes the86 shall cooperatively implement on a watershed
36 carrying capacity of streams and other con- basis a comprehensive stormwater management
veyances, disrupts the functions of natural 88 program designed to minimize the adverse effects
38 systems, undermines floodplain manage- of stormwater on land and water resources. All
ment and flood control efforts in downstream 90 such programs shall be mutually compatible with
40 communities, reduces ground water re- the State Comprehensive Plan (Chapter 187,
charge, threatens public health and safety, 2 Florida Statutes), the Local Government Compre-
42 and is the primary source of pollutant load- hensive Planning and Land Development Regu-
ing entering Florida's rivers, lakes and estu-94 nation Act (Chapter 163, Florida Statutes), the
44 aries, thus causing degradation of water Surface Water Improvement and Management
quality and a loss of beneficial uses. Accord-96 Act (Sections 373.451-.4595, F.S.), Chapters 373
46 ingly, it is a goal to eliminate the discharge and 403, F.S., and this chapter. Programs shall
of inadequately managed stormwater into98 be implemented in a manner that will improve
48 waters and to minimize other adverse im- and restore the quality of waters that do not meet
pacts on natural systems, property and pubi00 state water quality standards and maintain the
50 lic health, safety and welfare caused by im- water quality of those waters which meet or
properly managed stormwater. 102 exceed state water quality standards.


SEP 30 "'33 14:53 1 904 921 4303 PfGE.012
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October 1, 1993: Draft Changes in Workshop Draft

(a) The Department shall be the lead agency (d) Water control districts created nursunnt
2 responsible for coordinating the statewide48 to Chanter 298. FS.. and other social
stormwater management program by estab- district. as defned in Sction 189 40().
4 fishing goals, objectives and guidance for the 50 .RS.. which have water management nower.
development and implementation of storm- shall establish a stormwater management
6 water management programs by the Dis-52 nrooram within their eorraphical bounda.
tricts and local governments. The Dpart ries consistent with the anpronritt local
8 ment shall imUlament the state's stormwatr54 Qovernment stnrmwater nrnPram and
management program in Districts which do adontad loael governmentt ce rhmnrhnsive
10 not have the economic and technicale6 lan and in accordance with the state and
resources to implement a eomorehensive Ditrict stormwater miality and quantity
12 stormwater and surface water manafment58 gfla.
nroeramX ((Change above to:
14 (b) The Pdistricts which have implemented a conro district ted
rehealive gtorrnwater and AurfaeVV (d) Any water control dlstrlct creosd
comprehensive stormwater and surface 2
16 Water management ronram shall be the pursuant to Chapter 2 S, F. or speYal act,
chief administrators of the state stormwater62 nd other pecil districts as defined in
18 management program. The Denartment or Section 189.403(), F.S., which have water
ha...Districtsl. where spnroriate. shall set64 management powers shall:
20 regional stormwater management goals and () Be consistent with the appicable
policies on a watershed basis, including loa comprehensive plan adopt
22 watershed stormwater pollutant load reduc- a t comprehensive pn adted
tions necessary to preserve or restore benefit. under Part Chapter 13, F.S., and
24 cial uses of receiving waters. ((Add: "For68 state and district stormwater quality
water bodies which fully attain their and quantity goals, for the construction
26 designated use and meet the applicable0 and expansion of the new water control
state water quality standards, the pollutant and related acltle undrkn or
28 load reduction goal may be zero.'2) Such72 Initiated by a water control district
goals and policies shall be implemented (II) Operate existing water control and
30 through District SWIM plans, through74 related facilities consistent with appll
preparation of watershed management plans cable state and district stormwater
32 in other designated priority watersheds and76 quality and quantity goals. Any moditf-
through appropriate regulations. action or alteraon of existing water
34 (c) Local governments shall establish storm-78 control and related facilitis sha be
water management programs which are in
36 accordance with the state and District consistent with the applicable local
stormwater quality and quantity goals.80 government comprehensive plan and
38 Local governments may establish a storm. State and district stormwater quality
water utility or other dedicated source of82 and quantity goals.
40 funding to implement a local stormwater a Surface Water Management
management program which shall include84 The following shall apply to the regulation ofaur-
42 the development and implementation of a face water pursuant to Part IV, Chapter 37,
stormwater master plan and provisions, such 86 Florida Statutes.
44 as an operating permit system, to ensure
that stormwater systems are properly oper- (a) The construction and operation oof fadcil
46 ated and maintained. 88 ties which manage or store surface waters,
or other facilities which drain, divert, im-
90 pound, discharge into, or otherwise impact
waters in the state, and the improvements
92 served by such facilities, shall not be harm.
ful to water resources or inconsistent with
94 the objectives of the Department or District.


EP 30 '93 14:59 1 904 921 4303 PfGE.013
SEP 30 '93 14:59

SEL:1-904-921-4303 Jep 0 93 14:47 No .009 P.1
October 1, 1993: Draft Changes in Workshop Draft

(b) In determining the harm to water re- (a) When a stormwater management system
2 sources and consistency with the objectives46 complies with rules establishing the design
of the Department or District, consideration and performance criteria for stormwater
4 should be given to: 48 management systems, there shall be a rebut-
1. The impact of the facilities on: table presumption that such systems will
6 a. water quality 50 comply with state water quality standards.
S' The Department and the Districts, pursuant
b. fish and wildlife; 52 to Section 378.4864IG F.S., shall adopt rules
8 c. wetlands, floodplains, aetuars, that specify design and performance criteria
and other environmentally sensi-54 for new stormwater management systems
10 tive lands; which:
d. reasonable-beneficial uses of56 1, Shall be designed to achieve at least
12 water; 80 percent reduction of the average
e. recreation; 58 annual load of pollutants that would
14 f. navigation; cause or contribute to violations of state
g. saltwater or pollution intrusion,60 water quality standards.
16 including any barrier line estab- 2. Shall be designed to achieve at least
listed pursuant to Section 378.033,62 95 percent reduction of the average
18 F.S.; annual load of pollutants that would
h. minimum flows and level estab64 cause or contribute to violations of state
20 hed pursuant to Secton 37042 water quality standards in Outstanding
20 wished pursuant to Section 373.042, Fl rd Wae s
'F'S; 66 Florida Waters.
3. The minimum treatment levels speci.
22 i. other factors relating to the pub-8 3. The minimum treatment levels a
lic health, safety, and welfare; fled in subparagraphs 1. and 2. aboe
S th th may be replaced by basin specific design
24 2. Whether the facilities meet applicable 70 and performance criteria adopted by a
design or performance standards; District in order to achieve the pollutant
26 3. Whether adequate provisions exist for 72 load reduction goals established in para-
the continued satisfactory operation and graph (c).
28 maintenance of the facilities; and 74 (b) Erosion and sediment control plans de-
4. The ability of the facilities and re- tailing appropriate methods to retain sdi-
30 lated improvements to avoid increased76 ment on-site shall be required for land dis-
damage to off-site property, water re- turbing activities.
32 sources, natural systems or the public78 (c) The pollutant loading from older storm-
caused by: water management systems shall be reduced
34 a. floodplain development, en- 80 as necessary to restore or maintain the bene-
croachment or other alteration; ficial uses of waters. The Districts shall es-
36 b. retardance, acceleration or diver-82 tablish pollutant load reduction goals and
sion of flowing water; adopt them as part of a SWIM plan, other
38 c. reduction of natural water stor-84 watershed management plan, or District-
age areas; wide or basin specific rules.
40 d. facility failure; or 868 ( .) Wa..r.se. a a t e..... -......
e. other actions adversely affecting.i ... ..
42 off-site water flows or levels. __ .d.
(4fS Minimum Stormwater Treatment Perform- 90 u Na, A l P_,_ ..t D.--a..
44 ance Standards.
92 m ... ..... ll l..lt

96 _tue .a ....u. q ;al a... J.


SEP 30 '9-3 15:00 1 904 921 4303 PAGE.014
SEP 30 '93 15:aQ

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October 1, 1993: Draft Changes in Workshop Draft

"" (e) ((d)) Watershed specific stormwater46 ((Oelete all of 3.)) 3. Each District shall
2 pollutant load reduction goals shall be submit recommendations to implement the
developed for older stormwater management48 Total Maximum Daily Loads (TMDL)
4 systems on a priority basis as follows: Process to the Department by January 1,
1. GalB hll. b- _.l.ped wi.g A. 50 1998, for water bodies that receive
6 L- -e, __t.e-l j ,PA fo discharges from stormwater management
6; a..rm w..- -,, 1-- -52 systems that are required to obtain a
8 ar- CO sy.m ... b-NPDES municipal stormwater discharge
NSPDE8 IWt .....p.. 54 permit. For water bodies for which this
10 0. Ce,, _a l b_ .... 10.. 04 subsection is applicable and for which
M, .W--.-- i.- t.at .a &_W 56 pollutant load reduction goals will not be
12 dt& wWIM .l and aat o a A developed before January 1, 1998, each
1. -.__8 District shall coordinate with the local
14 .s -_6p JN. NDEE.. governments responsible to obtain NPDES
A a.. 60 permits to implement the process of TMDL
S..n.. a8- .. development described in the EPA publi-
16 1. Interim ollutnt land reduction eal 2 cation, Gdance for after litbaed
shall be established for all water bodies Decisions: The TMDL Proces. (EPA 440/4-
18 having approved SWIM nlan. 64 91-001, April 1991), which is hereby adopted
a. For SWIM water bodies with by reference.
20 niana originally adopted before n 66 asT e goal shall be considered in local comnre-
January 1. 1992. interim nollutant hngive lanas submitted or undated in accar.
22 load reduction roals and a schedule 68 dance with Section 403.0891(3)(al. P.
for development of the pollutant Sp Authority: 373.026, 373.048, J473f
24 load reduction goal shall be eata-70 403.061,403.087, F.S.
listed by DIefember I31 1994 Law Implemented: 163.3161.163.324, 186, 187,
26 b. For SWIM water bodies with 72 ((A.4IS)g878.018, 378.046, 373.114, Part IV, 873,
Plans originally adopted after Janu- 408.061, 408.0891, F..
28 ary L. 1992. interim pollutant load74 History: New 2-20-91. Previously numbered u 17.
reduction rcals and a schedule for 40.420, Amended.
30 development of the pollutant lnad76
reduction goal shall be established 1-4t.4s0 4 lo9od Protectn
32 within three years of the pan78 (1 Flood protection shall be implemented within
Soi ainal adoption date. the context of other interrelated water manage.
34 2. Each District shall develop water bodv80 ment resnonsibillties. Florida will continue to be
specific pollutant load reduction goals for denendent on same structural water control
36 non-SWIM water bodies on a nrioritv82 facilities constructed in the nast. and new
basis according to a schedule provided in structural facilities may sometimes h unavd.
38 the District Water Management Plan. 84 able in addressin existing and future flooding or
The list of water bodies and the schedule other water.related problems. The Denartment
40 shall be developed by fach Distriet. oivinPSe and the Districts shall nromott nonstructural
pniarity consideration to water bodies flood protection .(({ tets lJalMnder of
42 that receive discharges from etormwater fn)hr h adane reve l o
nt sstm ta aereur sentenoe.)khrough avoidance or reversal of
management svaetma that are required to
-;44 incompatible nues in flnodplains and flood arone
44 obtain a NPDES municipal stormwatar
disaharg permit.
(a)l Flood Protection Raponaibilitiesa

"-" 13

SEP 30 '93 15:131 1 904 921 4303 PAGE.015

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October 1, 1993: Draft Changes in Workshop Draft

1. Local governments have the nrimarvy Each District shall clearly define.
2 reaponsibility for reaulatiny land n.ise48 either in its District Water Management
enfaoring eoantructian criteria for flond Plan in baain specific plans. or rules.
4 nrons areas. stablishiny local flood aro-50 the Ditrict's reaonaiilitiea related t
tection levels of service ((Change ood flood emerencies. including itjs meha.
6 protection levels of ervic to0:2 nisms for coordinating with emerenye
"drainage levels of service" na t t rsnnfnMs anen s.
8 ing and maintaing local flood control54 (b) District Facilities
facilities. and otherwise prevenAin 1. District water control facilities sha11
10 flood damage to new ((Add "and exist.56 be operated and maintained n accor-
Ing") development. dance with established plans or ached-
12 2. District flood protection reDnonnibili.5
ties relate primarily to serving regional 2 Districts shall assess the desi-n char-
14 water convveance and storage needs.60 acteristics and oerational practices of
Districts have the authority to an stin Distict water control facilities
16 construct. and onprate water control62 to ascertain opportunities for minimiz-
facilities, as well as regulate discharge ing adverse imnacta on water resource
18 into works of the Diatrict or facilities4 and the ecolav of the area((Change
controlled by the District. ((Delet the watere resources and ecology of the
20 next sentence.)Diatrict hall not66 alra" to "Water 1rwour and asso
Snecessarily be obligated to provide local sted ecosystemfs"m Where feasjile.
22 flood protection beyond the design 68 facility design modifications or
eapnaity of exLsting facilities operational changes shall be imple.
24 3. Permits under Part IV of Chapter70 mented to enhance natural Ystems or
373. FS.. shall be issued only if appro, fulfill other water management resnon-
26 private nrecautions are taken to protet72 ailifi's.
public health and safety in the event of ((Sperct Authorfy. $Mt;t(1, 704An 7, 7.171, 41,
28 failure of any water control structure. 74 403.01(9), FA.
including. but not limited to. numnp and Law iwnend 1k5m3FI ., 1 7.1(1O), ?s,0s1, 37401,
30 a1ves.((Change to: Ruls adopted76 s71 Nb, S37 JN373. o37S 04*S, 37a.(), nr
$Msmn(), 371413, 3416t, =41 3n4a$2, 591w,S M14,
under Part IV of Chapter 373, F.S. shall78 s777(), 4osr4), 403JsacA), aw, F.. c. irs1, r
32 require that appropriate precautions be 0S RF. LMaw 1s t, Cs6 ch. i4 1naF I.. Lmw 1Ie,
taken to protect public health and safety80 ies03 e O oodf t rS f. SM 71 c&L .1a, 0"1 ,
34 In the event of failure of any water IN e Law. 51 (aoelnow Wy Ras ta L 3W 41(I)
control structures, such as pumps and82 ty &. ))
36 levees.))
6 84. n4 17 .4o54 8 Findtnlin Prototin
4. Department and District program e Dt
38 shall discourage incomnatihle sitino f 1) The Denartment and the Disarcts shall
nublc facilities in floodnlains and flood86 providl leaderohin ta -nrotect and enhance tha
40 nrone areas wherever nossihle. Where beneficial values of floodnlains. This shall include
no feasible alternative -xists to sitin a88 active coordination with local Moveyrnments.
42 public facility in a floodplain or flood smeeial districts. and related nrgrams of federal
nrone area. the facility shall be desinad 90 agencies, the Deartment of Community Affairs,
44 to minimize flood dame risks and and the Denartment of Haalth and Rehabilitative.
adverse impeats on natural flood deten-92 3 8 -cYe
46 tion and conveyance anfabilities. (a) The Doeartment and the Districts shall
94 pursue development of adequate floodplain
protection information, including;


SEP 30 '93 15:2 1 904 921 4303 PAGE.016

"EL:1-904-21-'403 Se 0 93 14:49 No .009 P. 1

October 1, 1993: Draft Changes in Workshop Draft

1. District determination of flood eleva- (c) DistriCt reaulatoryv programs shall mini.
2 tions for priority floodplainn. At a mini-46 mize inoemnatible activities in flcodnlins.
mum. this shall include the 100-year For those floodnlains regulated by a District.
4 return .((M t "rtUMs)Dood leyeL.48 nsuh nro1rams shall. at a minimum. require
with nther flood levels to be determined permit annlicanta pronosina construction in
6 where needed for watershed.-seeifie50 floodnlains to provide reaasnable assurance
management numoses. Districts are that such activity meets the following
8 encouraped to determine 1.-vyar fnod52 stai;(Chalnge all of () to read: "In regu
lXvatio.ns ((Change "elevations" to lating actMtes In floodplains, ech district
10 "evel"nfor the nurnoae of assistiny the 4 t a minimum, hall ensure that such
Department of Health and Rehabilita. actlvfts:"
"12 tive Service to reulate sentie tanks in56 1. Surfanc and ground water levels and
flanodlainsa ursuant to Section 10D. surface water flows will not be ad.
14 Itd47nt FAC. 58 vorsal. afeetad.((Change to: "WH11 not
2. Identification of eoloically intact adverely t surface and ground
16 floodolains for potential acanii. 6o water levels and surface water flows."))
(tinnaChange 2 to read: "Identificaton
18 of floodplains with valuable natul 2. The activity will not result in aignifi
systems forpotentialn 62 fcant adverse impacts toa exiting surface
system for potential acquisition.) w r storage and conveyance aahili
20 3. Identification of floodnlain areas64 ties of the floodnlain.((Change to: "W
having potential for restoration of not result In adverse Impacts to exlitng
22 natural flow reeimes.
ST artmnt and the Dstri l surface water storage and conveyanc
) Th D rtnt and the strcts hall capablll of the foodplain."
24 develop jointly a eomnreheniv system o of th floodpln
coordinated planning management. and68 3. The activity will not result in adver
26 aeauisition to protect and. where feasi impaltaS to the operation of Ditrict
Enhance the hydrologic and ecoloical inte.7o facilitia ((Chang fo: "'Wll not eult In
28 ritv of floodnlains((Change "enhance the adverse Impact to the operation of
hydrologic and ecological Integrity of flood.72 District facllltiea))
30 plains" to "enhance floodplain functions and 4. Any surface water management
associated ecosystems In floodplalnsj))74 facilities associated with the proposed
32 This system shall include implementation of activity will bhe capable of being effec-
policies and program to: 76 tively operated and matn-
34 1. Acire and maintan ecological. lainal((Chlang to: "Wll assur that
inteat floodnlin area.-aChange 1. t78 any surface water management
36 read: "Acquire and maintain valuable facllltl.."))
natural systems in floodplains".)) 80 The activity will not cause violation
38 2. Protect the natural water stora nd of water quality standards in recevin
water nvevane canabilities of fod.82 1erg((Chang fto: WI not oau
40 naina. violations...')
3. Where feasible_ enhance or restore84 6. The activity will not result in ignif.
42 natural flow rerimes of rivers and cant -Adverse imnacts to
watercourses that have been altered for 86 wetland((Change to: "Will not result In
44 flood control purposes. adverse impacts to wetlands.'.)
88 7. The proposed retivitv will not cauee
adverse environmental imnaeta ta adia.
90 cnt lanmd.((Change to: 'Will not cause
significant adverse Impacts to adjacent
92 lands,"))


SEP 30 '33 15:02 1 904 921 4303 PAGE.017

RECE IV eL TEL: 1 -'4-C'I -4. Ci 4 141:5 N o..lu .h1
S October 1, 1993: Draft Changes in Workshop Draft
0P 1 95

2 Oirmi to water resoure r ntura nd Districts shall protect and maQ e
valueL of the floadplain ((Change to: aqutlc and wetlanddepndent natural
4 "WII not othawis be harmful to the46 resources, Including fsh and wildlife habitat
"natural systems In the floodplain".)) Programs, plans, and rule to accomplish
6 lal((Change (e) to (2)Each Distart -halu4 these goals include the establishment of
provide to local govLerments and water minimum foWS and levels (Section 17.
8 control districts available information) 40.473) and protection areas for surface
regarding floodplain delineation and flood- waters (Seion 1740.475.)')
10 alain ecological conidAerations. ((Change waters (Section 1740.47 5))
"Yfoodplain ecological considerations" to52 ((SpfIcuorI:s3.26(10), 3 73.;O440.o1(), F.s.
10w fl i ipmlwi:. S79.913,373.91(2), 373J.92, 373.036(2),
12 "floodplain functions and associated eco.- 73 10, 371042, 3 175, 3StS2)3), 341, 373.
systems".)) and assist in developing effective 377.71(1), 43.061(3) 403.0615(3). Ch. 93-214 1993
14 easurea to manage floodlains consistentlY5 Fl. Laws 1652, 154, Ch. 93.213, 5.29, 1993 Fl. Laws
with this Chanter. 1, 163 (to be wodiftd a Fl. Stat. 373.415), CA. 93
16 ((Spcffle Authority: 73.026(10), 373.043, 373.171, 37141658 213, .041993 Fit. Laws 1852,163 (amending FI. Stat a.
403.061(33), F.S. 373.414(191)
18 Uw *npnei r: w197.1(16), 370.01, $13.01, 73.026,60 Ifstory: Ne ___))
37S.096, 373.M 1, 373042, 373.06(1), 373.175, 373s23(3)
20 373.413, 373.416, 373.41, 373.423, 373.429, 373.451, 377371(1)
403.061(34), 403.0615(3), aOs.0, P.S. C. -213, a. 29, 1993 P. 62 17-40.4056 I Minimum Flows and Levels.
22 Law 2162, 163 (to beo odfd Ft Fla. Stat. .37J34135), C. 93 (1) In establishing minimum flows and levels pur-
213, .30, 1i993 Fl. Laws 162, 1663 (wandlng F& Stat. 64 suant to Section 873.042, consideration shall be
24 3 4(1991) given to the protection of water resources,
HIoy: NW )66 natural seasonal fluctuations in water flows or
26 levels, and environmental values associated with
17.40.470 Natural ystemn Protection and68 coastal, estuarine, aquatic, and wetlands ecology,
28 Management including:
(1) The go6ls for natural systems protection and 70 (a) Recreation in and on the water;
30 management shall be: (b) Fish and wildlife habitats and the pas-
1a) To avoid or minimize individual and72 sage of fish;
32 cumulative adverse impacts to natural (c) Estuarine resources;
S74 (d) Transfer of detrital material;
34 (b) Prevent further degradation of and. to (e) Maintenance of freshwater storage and
the extent feasible. improve the water76 supply;
36 oualitY which supports natural systems:
36 nualIt.y which upnptrtA _nitura l Atemsf (f) Aesthetic and scenic attributes;
(c) Avoid or minimize adverse effects on the
38 conservation of fish and wildlife. including 8 (g) Filtration and absorption of nutrients
38 conservation of figh &nd wmld1,fa inglnn
endangered o ratene spe or their and other pollutants;
40 habitat: and 80 (h) Sediment loads;
(d) Promote the tretoration and enhance- (i) Water quality; and
42 ment of existing or historic natural systems. 82 (j) Navigation.
(2) Established minimum flows and levels shall
84 be t-eenideration proteEted where relevant to:
i '-. ~(a) The construction and operation of water
1 F;x -EEjVEO 86 resource projects;
(b) The issuance of permits pursuant to Part II,
S-'-- 88 Part IV, and Section 373.086, Florida Statutes;
Ss..:. : and


SEP 30 '93 15:0:3 1 904 921 4303 PAGE.001

TEL: 1-02-- 1-2303 30 93 145 No 010 F.

October 1, 1993: Draft Changes in Workshop Draft

(c) The declaration of a water shortage pur-48 (3) Any protection area should be sufficiently
2 suant to Section 373.175 or Section 373.246, wid to prevent harm to the water resource and
Florida Statutes. 50 associated ecosystems, but shall not extend a
4 _distance greater than 550 feet landward of the
pacific Authority: 373.026, 373.04.52 waterward extent of the wetlands abutting the
6 ((403.01(33))403.805, F.S.
Law Implemented: 873.016, 373.042, 373.086, 373.175, surface WStw,))
8 378.246, F.9.(($7S273.413)) 54 12((4)) .actors on which the width of the
History: New 6-5-81. Previously numbered as 17.- protection areas shall be based included
10 40.08. Amended 12-5-88. Previously numbered 17-56 (a) The hionlo'ical ainificane of the wet-
40.080. Prviouslv numbered as 17-40.405. Amended.
2 lands and unlands ((Change "wavtlnds and
17-40.475 Protection Areas for Surface Waters 8 uplands" to "associated ecosystems"))
adjacent to the designated water body. in-
14 (1) As nart of SWIM Plans or basin-snecific man-60 cludinr the nesting. reproductive. and
agement plans. the districts are encouraged to el. shelter needs of aauatic speies and wetland.
16 tablish protection areas adiining surface water62 dependent wildlife species.
bodies and wetlands as anor1oriate to enhance or (b) The sensitivity of these species to distur.
18 reserve the ecological aualitv and integrity of64 bance. including the short-term and longa
the water resume. Such prtoctil-n arn shodi 64 hS lda in ef the hort-ter .IL
_term adantability to disturbance of both resi.
20 be sufficiently wide to prevent harm to water dent and mipratr species.
ualitv, water auantitv, hydrology. wetlands. and6 dentand migatory feeies.
22 aquatic or wetland dependent wildlife from (e) The suceptibilitY of the protection areas
activities managed a part of a SWIM Plan68 to erosion, including characteriltics of the
24 bain.supcfi management plan, or District sloe. soils. runoff, and vegetation.
-rul 70 Sbecific Authority: 373.026. 378.043. (37S/A1
26 ((Change all of (1) to include a new (1), (2) and (3) W (33))
Sand read: 72 Law Imolmented: Part IV. 373. FPS.((Delft "P
an rei lv, ,37S, d:; W1801(E, 373.01O 373113, 37z419,
28 (1) The districts shall consider adopting rules to74 403.0 ,7(35, F., Ca. 3-20(, 37r16 Fa Lw41 f*St
establish protection areas adjoining surface 1661, (ndwng Fl. S at. 37 3114() (1)91), Cl 3-S213,
30 water bodies and wetlands as appropriate to76 s., 1993 Fis. Laws 1&52, 1870 (adding ubsecton (5) to
enhance or preserve their associated eco- F s. &40s01(f2 supp.))
32 systems, while recognizing the rights of property78 Hitor; New
34 (2) Protection areas shall be established only If80 PART V
the surface water IS designated as either: WATER PROGRAM DEVELOPMENT
36 (1) an Outstanding Florida Water, 82
(I) an Aquatic Preserve, 18-4lO F nridn Water Ptn.
84 (1) Thp Deaartment shall formulated an int.
38 (11I) an Area of Critical State Concern, or rated. coordinated Florida Water Plan for the
(Iv) an area subject to Chapter 380 Resources8 maement of Florida' water resoures. The
40 Management Plans adopted by rule by the sjope of the plan shall include the State Water
Administration Commission, when the plans88 Use Plan and all other water-related activities of
42 for an area Include waters that are partlcu- the Department and Districts. It shall give due
90 consideration to the factors in Sactiaon
laBrly identified as needing additional protect. 373.036(2(a). -.S. and shall emphasize:
44 t/on, which provisions are not Inconslstent (a Cnsistent tat. police for th, p ,e.
with applicable rules adopted for the man- ton and management of the environmnt.
46 agement of such areas by the Depertment 4 (b) Water conservation.
and the Governor and Cabinet () olut prevention
,C Pollution nrtventi n,


,EP 30 '93 15:09 1 904 921 4303 PAGE.002

TEL: -904-921-450 'S so '3 14:56 No.010 P.

October 1, 1993: Draft Changes in Workshop Draft

(d) The reuse ofreclaimed water. 60 (4) At a minimum the Florida Water Plan shall
2 (eC Protection of the functions of entire eco- be undated every fie years after the initial #lan
logical systems through enhanced coordina.62 development. Annual status reports on the Plan
4 tion of ublic land acasimtion. reulatory. shall also bh prepared by the Depatrtment
and planning Drograms 54
6 (f) Interagene coordination and caoneration. aeifir Authority: 378.026. S78.044. F.
(2) The Florida Water Plan shall be developed in56 Law InMplamentad: Part IV. 379 F.SP ((ICh "t IV,
8 coordination wth District Water ManaSgemnt 3?t: S $ t M.))
Plans and include a. a minimum: 58 mHtry=Now
10 (a) Denartment overview, including a discus
sion of the intarrationahipa of apartment 0 17-40O8 District Water Management
12 and District programs: Plan.
(b) Water management goals and response.62 (1) As required by Section 373.036(4), F.S., a lne
14 ilitis. including the following areas of re. ranfe comnrehensive water management plan
sonsibilitim 64 shall be prepared by each District which is
16 (i) water suIInnI protection And man- consistent with the provisions of this Chapter
a6ment and Section 373.036, Florida Statutes. natrict
Sfi Water Mana8ement Plans are comnrehensive
18 (ii) flood rotection and manamnt. 8 des to the Districts in carrvin ut alltheir
(iii) water auality nrotction and man- water resource management resnonsibiliti.L
20 agement. and 70 including water supply, flood protection, water
(iv) natural systems ptrtection and quality management, and protection of natural
22 management 72 systems. The plans shal provide general dire.
"(c) Statewide water management implement. tions and strategic for District activity. r-
24 station strategies for each area of resonsibil. 74 grams, and rules. They will be implemented by a
g .tY. schedule of specific actions of the District, such
26 fd) Interovr76 as trofram development. water resource arot.
ine the Denartment's nroceses for Peneral land aeasition funding. technical distance
28 uervision of the a manement di-78 facility ration and rule development.
i(2 iLThe District plan shall include an assessment
30 (e) Procedures for olan development includ80 of water needs and sources for the next 20 years
ng publi participate The District plan shall identify specific geo-
nf l rtic 82 graphical areas that have water resource prob-
32 (f Methods for assessing rorram effective- lems which have become critical or are antici-
neas((Add "and the Departmnt's progrs84 pated to become critical within the next 20 years
34 toward Implementation of the Plan") to be called water resource cation area.
(g) Iinkages to Denartment rulomaking.86 Identification of ..itial t -1.. u..uppl p ....
36 budgeting. nronram development, and legie- areas water resoure caution areas needed for
lative nronosala: 88 imposition of reuse requirements pursuant to
38 ) Str intif th amount and Rule 17-40.4ff4 F.A.C., may be ae-
sources of supplemental funding to imnle.90 complished before publication of the complete
40 ment the nrograma identified in Chapter district Plan.
373. District Water Management Plans this92 f) 131 Based on economic, environmental, and
42 Chanter. and any delegated nrograma. technical feasibiity analyses, a course of reme-
i) Chapter 17-40. F.C.. State Water Policy: 94 dial or preventive action shall be specified for
\ A each current and anticipated future errtieal
44 (i) Anuronriata sections of the District Water each current and anticipated fture
96 problem.
;Management Plans. p
46 (3) The Florida Water Plan shall be developed ex-
peditiouslv and may be chased. It shall be com-
48 pleated by Julv I. 199.((Change "July 1, 1995" to
"March 1, 1996"))


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October 1, 1993: Draft Changes in Workshop Draft

(8) 14 Remedial or preventive measures may in-50 (iii) Water quality protection and man.
2 elude, but are not limited to, water resource pro- afement for both surface water and
jects; water resources restoration projects pursu.52 ground water. This hall include the
4 ant to Section 403.0615, Florida Statutes; pur- District's strateri. priorities, and
chase of lands; conservation of water, reuse of re-54 schedules to develop pollutant load re-
6 claimed water; enforcement of Department or duction goal. and
District rules; and actions taken by local govern-56 (iv) Natural aytems protection and
8 ment pursuant to-a local Ggovernment Qgom- manaement. including a schedule for
prehersive plan, local ordinance, or zoning58 eetablishinr minimum flows and levels
10 regulation, considerin_ ground water availability
4 6f District Plans shall also provide for identi-60 and surface water availability The
12 fying areas where collection of data, water re- schedule shall include the current
source investigations, water resource projects, or62 status of determining minimrnum flows
14 the implementation of regulatory programs are and levels in the District and a schedule
necessary to prevent water resource problems64 for astablishint minimum flows and
16 from becoming critical, levels for a priority selection of surface
-(-)Dy 1vP 1, 1030, e-a M& =a 88 pre-66 waters and Trund waters in the
18 par a ,etile,1J pa., oe A- f. te repl, ,,pt ,Dia ri,((Add "and a schedule for
f- the-Ditrit Plan 68 establlshlng protection area for
20 (6) District olans shall addr.s at a minimum. surface waters In the Ditrit'))
the following subiects 70 (d) For each water management resDonsi-
22 (a) District overview: bilitv the following shall be included:
(b) Water management goals: 72 (i) Resource assessments. including
24 (c) Water management responsibilities, in- identification of reionally significant
cludin! 74 water resource isulies nd nroblma
28 (i) Water suDnlv protection and mtan- dtermin ons of the need for round
cement. to include nds and ours76 water bain resource availability inven-
tories jny u vari p nortion of the Dfatrai
28 (((Delete the next phrase "Identificatlon tris in various martins of theDist
and mapping or recharge arms, high78 ((Dlet the remainder of this se
30 recharge areas, and prime recharge s hedul t for rech e p p a=n4
areas")identification and mappin of recharge area desinatin. The rechare
32 recharge areas. high recharge areas.82 schedule .hall include th current
and rime recharge areas. source r- tts f rechargt main and
34 tection((Add, from (lv) below: "levels of8 recharge area desingta.on in the
certainty for supply; and a schedule for District. a rocess for anandinr and
36 recharge mapping and charge area86 iroving the current t and a.
designation. The recharge schedule schedule for completion of recharge
38 shall Include the current. status of88 mninn the D it
recharge mapping and recharge area (ii) Evaluation floptions:
40 designation In the District, a process for90 (iii, W-ater manag-ement policies for
expanding and Improving the current identified issues and nrohblema;
42 status, and a schedule for completion of92 iv) Implementatian strategies for each
recharge mapping In the District.')) i sue and problem including tasks.
94 schedies. responsible entities. and
44 (ii) Flood protection and floodplain measurable benchmarks.
management. This shall include the
96 (e) Intewaated plan. describing how the
46 Ditricts strateies and priorities for water problems of each county in the District
manaing facilities and floodplain andadd ed
48 a schedule for District manning of flood.-98 are dntified and addressed


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October 1, 1993: Draft Changes in Workshop Draft

(f Intergovernmental coordination includ-48 (3) Aftr consideration of the comments and ree-
2 in measures to implement the plan through mmelndationj of the Department. the Gvernin
coordination with the nlans and nroaerama otn50 Bard shall within sity days. either incroratf
4 loca, regional. state and federal agencies the recommended changes into the Plan or state
and governments. 52 in the Plan. with specificity. the reason for nMt
6 (g) Procedures for plan development. include. incorporatin the changes.
ing definitions and public nartiation. 54 (4) Plan amendments shall follow the same
8 (7) District Plans shall be developed expeditiously process as for initial Plan acceptance.
and may be phased. All District Plans shall be66
10 complete accented by the Governing Board no SPeifie Authoritvy 878.026( (10) )) 3.04.
later than November 1, 1994. A Distrit Water 68 ((4 01(S)))
12 Management Plan is intended to be a nlanninr ILw Lmplelfmalntad ((f7fl mM)T73.038(4).((37.&f114)
document and is not eelf-erecutin. 60 Histor: New
14 (f3j At a minimum, district Plans shall be up-
dated and oraoress assessed every five years62 174D40 Watr Data
16 after the initial plan development. Ea District (1)t
shall include in the Plan a procedure for evalu. (6 1 All lcal1 _overn4mnt, water manaeemant
18 atio n of the District's progress towards imoni trect n d state ariencie are directed by
Section 9 3.0926(2. F.S.. to coonerata with the
menting the Plan. Such procedure shall occur at i ts s et th
20 least annually and a cony of the evaluation shall a t n makin availe to the Deart
he provided to the Department each year byv ment sci Ttife or factual data as they ma
d 68 nossessaM h Denartment shall aretcribe the
22 November 15 for review and come n. forma a d ensur thA ualsty control for all
(9) Plan development shall include adeauate o-70 water au itv data collected or submitted.
24 portunitv for participation by the public and gov. rnt
ernments. The Districts shall initiate b (2) rtmlictnt t tate
26 work at least four month before Plan72 ty monrin en and central reos
the Board. At th for surface water and _round water information.
28 wrksahos aprelimi nary listf sche es be74 The Denartment shall eoordinat Deartment
included in tPlan District. state agency. and local navernment
included in the Plan shall be preaent76 water qnality monitorin activities to improve
30 data and reduce costs:
Specific Authority: 873.026, 373.048, ((403.1($3)F.S 78 (3) The U. S. Environmental Protection Agency
32 Law Implemented: 189.416, 873.036(4), water quality data base (STORET) shall be the
373.0391(2Xe), p(($7110s(7 33.t1))403.064, F.S. 80 central repository of the state's water alitv
34 History: New 5.6-81. Previously numbered s 17 data. All annroriate water aUalitv data collected
40,09. Amended 12.5-88. Previously numbered as 17- 82 by the Da2-2rtlent. Distrt. local vrnent
36 40.090, Amended 8-14.90, 12-17-91. rvi 2 the Denartmnt. districts. local n ernmentR
numbered as 17-40.50 Amanded. and state agencies shall benlaced in the TORET
38 84 sysatm within ana year of enllectian.
j17.)AK3 n rf oAut -v e of Apintarl (4) The Denartment's biennial State Water Qual-
!7409.641 Denar- ent ReWie ot Dtlstreiat 86 ity Assessment (the "S30(b) Renort") shall he the
40 Water Manatament Plans state's general guide to water anality assessment
(1) After accentance by the Governinr Board of a88 and should he used as the basis for assessments
42 District. District ((Add "Watwr iM nlgelnt7 unless more recent more accurate. or more de.
Plans shall be submitted to the Department 90 tailed information is available.
44 (2) Within sixty days after recent of a Plan for (5) Aanronriate monitoring# of water a-ality and
review, the Denartment shall review each Plan 92 water withdrawal shall be required of permittees.
46 for consistency with this Chapter and recommend (fl The Districts shall imnlement a strate for
any changes to the Governing Board. 94 measuring. estimatin. and reporin withdrawal
and use of water by permitted and exempted
96 users. Thresholds for measurement reauiramenta
and reporting annlieable to nermittees shall be
98 established and adopted by rule.


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October 1, 1993: Draft Changes in Workshop Draft

(7) The Desartment and the Districts shall46 (f) A District shall initiate rulemaking or
2 coordinate in the development and imnlementa- gram review to consider implementation of pro-
tion of a standardized computerized statewide48 grams pursuant to Sections 373.033, 373.042,
4 data base and methdolo v to track activities 378.106, Part III, or Part IV of Chapter 373,
authorized by environmental reure permits in50 Florida Statutes, where the Department or
6 wetlands and waters of the state. The data base District determines that present or projected
will be designed to provide for the rapid exchange52 conditions of water shortages, saltwater intru-
8 of information between the DePrtment and the sion, flooding, drainage, or other water resource
Districts. Z Thi Denartment will serve as the54 problems, prevent or threaten to prevent the
10 central repoaitory for environmental resource achievement of reasonable-beneficial uses, the
permit data and shall snacifl the data base66 protection of fish and wildlife, or the attainment
12 raniration and electronic format in which the of other water policy directives.
data are to be provided by the Districts. 58 (7X)( The Department and Districts shall assist
14 other governmental entities in the development
Spaciic Authority: 373.0263. 873.043.((40st1(s)))jE 60 of plans, ordinances, or other programs to pro-
16 Law Implemented: 378.026(2). F.S. mote consistency with this Chapter and District
Hiitarv New 62 water management plans.
18 (6) Da l.I-- et g .... al a.. t d quan ..ti.t p
PART VI 64 ,- .. ... .l: W p
68 edfet a i tu .. th dzeelpn.,nt ef
17-40.608G4= Review and Application. edu; al .i.l.- and a.,ja.. pra'.-
24 (1) This Chapter shall be reviewed periodically,70 TPi#L me t --- .4'. esw nt ...- 4 fA ...ae
but in no case less frequently than once every management .nee
26 four years. Revisions, if any, shall be adopted by 72
rule. Specific Authority: 378.026, 37S.043,((40.001f(n) P.S.
28 (2) Within 12 months after adoption or revision of 74 Law Implemented: 378.016, 373.088, 73.042, 373.106,
this Chapter, the Districts shall have revised 378.114, F.S.
30 their rules and reviewed their programs. to be 76 History. New 5-6-81. Previously numbered as 17-
consistent with the provisions contained herein. 40.10. Amended 12-6-88. Previously numbered 17-
32 (3) District rules adopted after this Chapter takes78 40.100. A ended 12-17-91. Prevoly nubrd
effect shall be reviewed by the Department for -
34 consistency with this Chapter.
(4).At the request of the Department, each
36 District shall initiate rulemaking pursuant to
Chapter 120, Florida Statutes, to consider
38 changes the Department determines to be neces-
sary to assure consistency with this Chapter.
40 The Department shall be made a party to the
42 (6) District water policies may be adopted which
are consistent with this Chapter, but which take
44 into account differing regional water resource
characteristics and needs.


SEP 30 '9:3 15:12 1 504 921 4303 PAGE.006

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