Title: Rules of the Department of Environmental Regulation
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052897/00001
 Material Information
Title: Rules of the Department of Environmental Regulation
Alternate Title: Rules of the Department of Environmental Regulation, Chapter 17-40, Water Policy
Physical Description: 12p.
Language: English
Publication Date: July 1, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 25 ( SF STATE WATER POLICY - VOL. III ), Item 13
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052897
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

July 1, 1981


2 CHAPTER 17-40

4 17-40.01 Declaration and Intent

5 (1) The waters of the state are among its basic resources.

6 Such waters should be managed to conserve and protect

7 natural resources and scenic beauty and to realize the

8 full beneficial use of the resource. Recognizing the

9 importance of water to the state, the Legislature passed

10 the Water Resources Act, Chapter 373, Florida Statutes.

11 (2) Chapter 373, Florida Statutes, provides that the State

12 Water Use Plan and the Florida Water Plan will be

13 developed progressively as studies are completed and as

14 Department or District rules and programs are developed.

15 (3) As a part of the State Water Use Plan, the Department

16 may provide such information, directions, or objectives

17 for the guidance of the Districts as it deens necessary.

18 (4) To this end, this Chapter is intended to clarify water

19 policy as expressed in Chapter 373, Florida Statutes,

20 and to otherwise provide guidance to the Department and

21 Districts in the development of programs, rules, and

22 plans.

23 (5) This Chapter does not repeal, amend or otherwise alter

24 any rule now existing or later adopted by the Department

25 or District. However, procedures are included in this

26 Chapter which provide for the review and modification of

27 Department and District rules to assure consistency with

28 the provisions of this Chapter.

29 (6) This Chapter shall be a part of the State Water Use Plan

30 and the Florida Water Plan.

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1 (7) It is the intent of the Departm!nt, in cooperation with

2 the Water Managemeni Districts, to seek adequate sources

3 of funding to supplement District ad valorem taxes to

4 implement the provisions of this Chapter.

5 Specific Authority: 373.026(7), 373.043, 403.805, F.S.

6 Law Implemented: 373.036, F.S.

7 History: New.

8 17-40.02 Definitions

9 hen appearing in this Chapter, the following words shall

10 mean:

11 (1) "Department" means the Department of Ehvironmental

12 Regulation.

13 (2) "District" means a Water Management District created

14 pursuant to Chapter 373, Florida Statutes.

15 Specific Authority: 373.026(7), 373.043, 403.805, F.S.

16 Law Implemented: 373.036, F.S.

17 History: New.

18 17-40.03 General Water Policy

19 The following statement of general water policy shall provide

20 a basis for Department review of water management programs,
21 rules, and plans. Water management programs, rules and

22 plans, where economically and environmentally feasible, not

23 contrary to the public interest, and consistent with Florida

24 law, shall seek to:

25 (1) Assure availability of an adequate and affordable supply
26 of water for all reasonable-beneficial uses. Uses of

27 water authorized by a permit shall be limited to reasonable-

28 beneficial uses.

29 (2) Reserve from use that water necessary to support essential
30 non-withdrawal demands, including navigation, recreation,

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i ^4.

1 and the protection of fish and wildlife.

2 (3) Promote water conservation as an integral part of water

3 management programs, rules, and plans and the use and

4 reuse of water of the lowest acceptable quality for the

5 purpose intended.

6 (4) Utilize, preserve, restore, and enhance natural water

7 management systems and discourage the channelization or

8 other alteration of natural rivers, streams and lakes.

9 (5) Protect the water storage and water quality enhancement

10 functions of wetlands, floodplains, and aquifer recharge

11 areas through acquisition, enforcement of laws, and the

12 application of land and water management practices which

13 provide for compatible uses.

14 (6) Mitigate adverse impacts resulting from prior alteration

15 of natural hydrologic patterns and fluctuations in sur-

16 face and ground water levels.

17 (7) Establish minimum flows and levels to protect water
18 resources and the environmental values associated with

19 marine, estuarine, freshwater, and wetlands ecology.

20 (8) Encourage nonstructural solutions to water resource

21 problems and give adequate consideration to non-struc-

22 tural alternatives whenever structural works are pro-

23 posed.

24 (9) Encourage the management of floodplains and other flood

25 hazard areas to prevent or reduce flood damage, con-

26 sistent with establishment and maintenance of desirable

27 hydrologic characteristics of such areas.

28 (10) Manage the construction and operation of facilities which

29 dam, divert, or otherwise alter the flow of surface

30 waters to prevent increased flooding, soil erosion or

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I excessive drainage.

2 (11) Encourage the devclolnent of local or regional water

3 supplies within districts rather than transport water

4 across District boundaries.

5 (12) Control point and non-point'sources of water pollution to

6 the greatest degree feasible as provided in Chapters 17-

7 3, and 17-6, F.A.C.

8 (13) Develop interstate agreements and undertake cooperative

9 programs with Alabama and Georgia to provide for co-

10 ordinated management of surface and ground waters.

11 Specific Authority: 373.026, 373.043, 403.805, F.S.

12 Law Implemented: Chapter 373, F.S.

13 17-40.04 Water Use

14 The following shall apply to those areas where the use of

15 water is regulated pursuant to Part II of Chapter 373, Florida

16 Statutes:

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

18 unless the applicant establishes that the proposed use is

19 a reasonable-beneficial use, will not interfere with

20 presently existing legal uses of water and is consistent

21 with the public interest.

22 (2) In determining whether a water use is a reasonable-bene-

23 ficial use, consideration should be given to any evidence

24 presented concerning the following factors:

25 (a) The quantity of water requested for the use;
26 (b) The demonstrated need for the use;

27 (c) The suitability of the use to the source of water;

28 (d) The purpose and value of the use;

29 (e) The extent and amount of harm caused;

30 (f) The practicality of mitigating any harm by adjusting

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1 the quantity or method of use;

2 (g) Whether the impact of the withdrawal extends to land

3 not owned or legally controlled by the user;

4 (h) The method and efficiency of use;

5 (i) Water conservation measures taken or available to be

6 taken;

7 (j) The practicality of reuse, or the use of waters of

8 more suitable quality;

9 (k) The present and projected demand for the source of

10 water;

11 (1) The long term yield available from the source of

12 water;

13 (m) The extent of water quality degradation caused;

14 (n) Whether the proposed use would cause or contribute

15 to flood damage; and

16 (o) Whether the proposed use would significantly in-

17 duce salt water intrusion.

18 (p) The amount of water which can be withdrawn without

19 causing harm to the resource.

20 (q) Other relevant factors.

21 (3) Water shall be reserved from permit use in such locations

22 and quantities, and for such seasons of the year, as in

23 the judgment of the Department or District may be re-

24 quired for the protection of fish and wildlife or the

25 public health or safety.

26 (4) Conservation of water shall be a requirement unless

27 not economically or environmentally feasible.

28 Specific Authority: 373.026, 373.043, 403.805, F.S.

29 Law Implemented: 373.036, Part II, 373, F.S.
30 History: New.

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1 17-40.05 Water Transport

2 The following shall apply to the transfers of water where such

3 transfers are regulated pursuant to Part II of Chapter 373,

4 Florida Statutes:

5 (1) The transport or use of water across District boundaries

6 shall require approval of each involved District.

7 (2) In deciding whether the transport and use of water

8 across District boundaries is consistent with the public

9 interest pursuant to Section 373.223, Florida Statutes,

10 the Districts should consider the extent to which:

11 (a) Comprehensive water conservation and reuse programs

12 are implemented and enforced in the area of need.

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

14 have been adequately determined including the impact

15 on both the supplying and receiving areas;

16 (c) The transport is an environmentally and economically

17 acceptable method to supply water for the given pur-

L8 pose;

19 (d) The present and projected water needs of the supplying
20 area are reasonably determined and can be satisfied

21 even if the transport takes place;

22 (e) The transport plan incorporates a regional approach

23 to water supply and distribution including, where

24 appropriate, plans for eventual interconnection of

25 water supply sources; and

26 (f) The transport is otherwise consistent with the

27 public interest based upon evidence presented.

28 Specific Authority: 373.026, 373.043, 403.805, F.S.

29 Law Implemented: 373.036, Part II, 373, F.S.

30 History: New.

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1 17-40.06 Water Quality

2 (1) Water quality standards shall be enforced pursuant to

3 Chapter 403, Florida Statutes, to protect waters of the

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

5 (2) State water quality standards adopted by Department rule

6 shall be a part of the Florida Water Plan.

7 Specific Authority: 403.061, 373.026, 373.043, 403.805,

8 F.S.

9 Law Implemented: 373.036, 373.039, 403.021, F.S.

10 History: New.

11 17-40.07 Surface Water Management

12 The following shall apply to the regulation of surface waters

13 pursuant to Part IV, Chapter 373, Florida Statutes.

14 (1) The construction and operation of facilities Which manage

15 or store surface waters, or other facilities which drain,

16 divert, impound, discharge into, or otherwise impact wa-

17 ters in the State, and the improvements served by such

18 facilities, shall not be harmful to water resources or

19 inconsistent with the objectives of the Department or

20 District.

21 (2) In determining the harm to water resources and consis-

22 tency with the objectives of the Department or District,

23 consideration should be given to:

24 (a) The impact of the facilities on:

25 (i) recreation,

26 (ii) navigation,

27 (iii) water quality,

28 (iv) fish and wildlife,

29 (v) wetlands, floodplains, and other environmentally

30 sensitive lands,

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1 (vi) saltwater or pollution intrusion, including

2 any barrier line established pursuant to Sec-

3 tion 373.033, Florida Statutes,
4 (vii) reasonable-beneficial uses of water,

5 (viii) minimum flows and levels established pursuant

6 to Section 373.042, Florida Statutes, and

7 (ix) other factors relating to the public health,

8 safety, and welfare;

9 (b) Whether the facilities meet applicable design or

10 performance standards.

11 (c) Whether adequate provisions exist for the continued

12 satisfactory operation and maintenance of the facili-

13 ties;

-1 (d) The ability of the facilities and related improvements

15 to avoid increased damage to offsite property or the

16 public caused by:

17 (i) floodplain development, encroachment or other
18 alteration,

19 (ii) retardance, acceleration or diversion of flowing

20 water,

21 (iii) reduction of natural water storage areas,

.22 (iv) facility failure, or

23 (v) other actions adversely impacting offsite water

24 flows or levels.

25 Specific Authority: 373.026, 373.043, 403.805, F.S.

26 Law Implemented: 373.036; Part IV, 373 F.S.

27 History: New.

28 17-40.08 Minimun Flows and Levels

29 (1) In establishing minimun flows and levels pursuant to Sec-

30 tion 373.042, consideration shall be given to the protec-

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1 tion of water resources, natural seasonal fluctuations in

2 water flows or levels, and environmental values associated

3 with coastal, estuarine, aquatic, and wetlands ecology,

4 including:

5 (a) Recreation in and on the water;

6 (b) Fish and wildlife habitats and the passage of fish;

7 (c) Estuarine resources;

8 (d) Transfer of detrital material;

9 (e) Maintenance of freshwater storage and supply;

10 (f) Aesthetic and scenic attributes;

11 (g) Filtration and absorption of nutrients and other

12 pollutants;

13 (h) Sediment loads;

14 (i) Water quality; and

15 (j) Navigation.

16 (2) Established minimum flows and levels shall be a considera-

17 tion where relevant to:

18 (a) The construction and operation of water resource

19 projects.

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

21 IV, and Section 373.086, Florida Statutes.

22 (c) The declaration of a water shortage pursuant to Sec-

23 tion 373.175 or Section 373.246, Florida Statutes.

24 Specific Authority: 373.026, 373.043, 403.805, F.S.

25 Law Implemented: 373.036, 373.042, 373.086, 373.175,

26 373.246, F.S.

27 History: New.

28 17-40.09 District Water Management Plans

29 (1) A water management plan shall be prepared by each District

30 which is consistent with the provisions of this Chapter

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1 and Section 373.036, Florida Statutes. The plan shall

2 identify specific geographical areas where water resource

3 problems have reached critical levels.

4 (2) A course of remedial action shall be specified for each

5 critical problem.

6 (3) Measures may include, but are not limited to, water

7 resource projects; water resources restoration projects

8 pursuant to Section 403.0615, Florida Statutes; purchase

9 of lands; enforcement of Department or District rules;

10 and actions taken by local government pursuant to a Local

11 Government Comprehensive Plan, local ordinance, or zoning

12 regulation.

13 (4) District Plans shall also provide for identifying areas

14 where collection of data, water resource investigations,

15 water resource projects, or the implementation of regula-

16 tory programs are necessary to prevent water resource

17 problems from reaching critical levels.

18 Specific Authority: 373.026, 373.043, 403.805, F.S.

19 Law Implemented: 373.036, 373.033, 373.042, 373.106,

20 373.114, F.S.

21 History: New.

22 17-40.10 Review and Application

23 (1) This Chapter shall be reviewed periodically, but in no

24 case less frequently than once every four years. Re-

25 visions, if any, shall be adopted by rule.

26 (2) Within 12 months after adoption or revision of this

27 Chapter, the Department, in coordination with the Dis-

28 tricts, shall review existing rules for consistency with

29 the provisions contained herein.

30 (3) District rules adopted after this Chapter takes effect

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1 shall be reviewed by the Department for consistency with

2 this Chapter.

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

4 initiate rulemaking pursuant to Chapter 120, Florida

5 Statutes, to consider changes the Department determines

6 to be necessary to assure consistency with this Chapter.

7 The Department shall be made a party to the proceeding.

8 (5) District water policies may be adopted which are consist-

9 ent with this Chapter, but which take into account dif-

10 fering regional water resource characteristics and needs.

11 (6) A District shall initiate rulemaking to consider implemen-

12 station of programs pursuant to Sections 373.033, 373.042,

13 373.106, Part II, Part III, or Part IV of Chapter 373,

14 Florida Statutes, where the Department or District deter-

15 mines that present or projected conditions of water

16 shortages, saltwater intrusion, flooding, drainage, or

17 other water resource problems, prevent or threaten to

18 prevent the achievement of reasonable-beneficial uses,

19 the protection of fish and wildlife, or the attainment of

20 other water policy directives.

21 (7) The Department and Districts shall assist other governmental

22 entities in the development of plans, ordinances, or

23 other programs to pranote consistency with this Chapter

24 and District water management plans.

25 (8) Duplication of water quality and quantity permitting

26 functions should be eliminated where appropriate through

27 delegation of Departmnent responsibilities to Districts.

28 (9) The Department and Districts should assist educational

29 institutions in the development of educational curricula

30 and research programs which meet Florida's present and


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existing law.

1 future water management needs.

2 Specific Authority: 373.026, 373.043, 403.805, F.S.

3 Law Implemented: 373.036, 373.033, 373.042, 373.106,

4 373.114, F.S.

5 History: New.


























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