| Material Information
||Rules of the Department of Environmental Regulation
||Rules of the Department of Environmental Regulation, Chapter 17-40.04 applying to those areas where the use of water is regulated pursuant to Part II or Chapter 373, Florida Statutes. Adopted Sec. 5 and 6 on November 17, 1981
||November 17, 1981
||North America -- United States of America -- Florida
||Box 5, Folder 25 ( SF STATE WATER POLICY - VOL. III ), Item 4
||Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
17-40.04 Water Use -
The following shall apply to those areas where the use of water
is regulated pursuant to Part II of Chapter 373, Florida Statutes:
\ (1) No permit shall be granted to authorize the use of water
unless the applicant establishes that the proposed use is a
reasonable-beneficial use, will not interfere with presently
\ existing legal uses of water and is consistent with the public
(2) In determining whether a water use is a reasonable-beneficial
use, consideration should be given to any evidence presented
concerning the following factors:
(a) The quantity of water requested for the use;
(b) The demonstrated need for the use;
(c) The suitability of the use to the source of water;
(d) The purpose .and value of the use;
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by adjusting
the quantity or method of use;
(g) Whether the impact of the withdrawal extends to land
not owned or legally controlled by the user;
(h) The method and efficiency of use;
(i) Water conservation measures taken or available to be
(j) The practicality of reuse, or the use of waters of
more suitable quality;
(k) The present and projected demand for the source of water;
(1) The long term yield available from the source of water;
(m) The extent of water quality degradation caused;
(n) Whether the proposed use would cause or contribute to
flood damage; and
(o) Whether the proposed use would significantly induce salt
(p) The amount of water which can be withdrawn without
causing harm to the resource.
(q) Other relevant factors.
(3) Water shall be reserved from permit use in such locations and
quantities, and for such seasons of the year, as in the judgment of
the Department or District may be required for the protection of
fish and wildlife or the public health or safety.
(4) Conservation of water shall be a requirement unless not
economically or environmentally feasible.
(5) In implementing consumptive use permitting programs, the
Department and Districts shall recognize the rights of property
owners, as limited by law, to make consumptive uses of water from
their land, and the rights of other users, as limited by law, to
make consumptive uses of water, for reasonable beneficial uses in
a manner consistent with the public interest that will not interfere
with any presently existing legal use of water.
(6) Permits authorizing consurmptive uses of water which cause
unanticipated significant adverse impacts on off-site land uses
existing at the time of permit application, or on legal uses of
water existing at the time of permit application, should be
considered for modification to curtail or abate the adverse impacts
^ unless the impacts can be mitigated by the permitted.