Title: 17-40.03. General Water Policy, with attachments of Possible Alternatives. Workshop held May 1, 1981. 13p.
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Title: 17-40.03. General Water Policy, with attachments of Possible Alternatives. Workshop held May 1, 1981. 13p.
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Bibliographic ID: UF00052930
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Source Institution: Levin College of Law, University of Florida
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17-40.03 GENERAL WATER POLICY



The following general statement of policy shall provide a basis for
Department review of water management programs, rules, and plans to
assure that such programs, rules and plans, where economically and
environmentally feasible, not contrary to the public interest, and
consistent with Florida law, seek to:

1. Provide for an adequate and affordable supply of water for all
reasonable beneficial uses and limit uses of water authorized
by a permit to reasonable beneficial uses.

2. Reserve from use that water necessary to support non-withdrawal
demands, including navigation, recreation, and the protection of
fish and wildlife.

3. Promote water conservation as an integral part of water manage-
ment programs, rules, and plans and encourage the use and reuse
of water of the lowest acceptable quality for the purpose in-
tended.

4. Utilize, preserve, restore, and enhance natural water management
systems and discourage the channelization or other alteration of
natural rivers, streams and lakes.

5. Protect the natural water storage and water quality enhancement
functions of wetlands, floodplains, and aquifer recharge areas
through acquisition, enforcement of laws, and the application of
land and water management practices which provide for compatible
uses.

6. Mitigate adverse impacts resulting from prior alteration of
natural hydrological patterns and fluctuations in surface and
ground water levels.

7. Establish minimum flows and levels to protect water resources and
the environmental values associated with coastal, estuarine,
freshwater, and wetlands ecology.

8. Encourage non-structural solutions to water resource problems and
give adequate consideration to non-structural alternatives when-
ever structural works are proposed.

9. Manage development in floodplains and other flood hazard areas to
prevent or reduce flood damage consistent with maintenance of the
natural hydrologic characteristics of such areas.

10. Manage the construction and operation of facilities which dam,
divert, or otherwise alter the flow of surface waters to prevent
increased flooding or drainage which is harmful to water re-
sources.

11. Encourage the development of local or regional water supplies
prior to the transport or use of water across District boun-
daries.

12. Control point and non-point sources of water pollution to the
greatest degree feasible as provided in Chapter 17-3, and 17-6,
F.A.C.

13. Undertake interstate agreements and cooperative programs with
Alabama and Georgia to provide for coordinated management of
Srface and ground waters.


- I -- ~~~)L


1-------~--111













In implementing a consumptive use permitting program, the
Department and District shall recognize the right of an applicant
to make a reasonable-beneficial use of any water which has not
previously been reserved, or allocated to another use, in
accordance with the provisions of Chapter 373,


_I ~ ___









Possible Alternatives


(5) In implementing a consumptive use permitting program,
the Department and District shall recognize the rights
of overlying property owners to make consumptive uses
of underlying ground waters for reasonable-beneficial
purposes consistent with the Water Resources Act.






(5) In implementing a consumptive use permitting program
the Department and Districts shall recognize the rights of
property owners to make a reasonable-beneficial use of both
adjacent surface waters and underlying ground waters.




(5) In implementing consumptive use permitting programs, the
Department and Districts shall recognize the rights
of property owners to make consumptive uses of underlying
ground water and of adjacent surface water for reasonable-
beneficial purposes consistent with the Water Resources
Act.













The following general policy statements provide a basis for
Department review of water management programs, rules, and
plans to assure consistency with this chapter. Water management
programs, rules, and plans, where consistent with law and the
public interest, and where economically and environmentally
feasible, shall seek to:

1. Provide for an adequate and affordable supply of water
for all reasonable-beneficial uses and limit uses of
water authorized by a permit to reasonable-beneficial
uses.

6. Mitigate adverse impacts resulting from prior alteration
of natCaa-hydaelegieal-paterns-and-feteatioeS-
surfaee-and-greund-water-levels water resources.

10. Manage the construction and operation of facilities
which dam, divert, or otherwise alter the flow of
surface waters to prevent-inereased-,eeding-ei
draifage-whieh-is minimize damage or harmful to the
water resources.


I --









STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL REGULATION


TWIN TOWl RS OFFICE BUILDING
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32301


TO:

FROM:

RE:


April 23, 1981






Water Policy Mailing List

Terry Cole

Chapter 17-40 Proposed Revisions


Attached are proposed revisions to Chapter 17-40,
Florida Administrative Code, which deal with General Water
Policy and with a statement regarding property rights in water
under Chapter 373, Florida Statutes. Both additions to the
water policy will be discussed at the workshop scheduled for
May 1, 1981.


Protecting Florida and Your Quality of Life


BOB GRAHAM
GOVERNOR
VICTORIA J. TSCHINKEL
SECRETARY


-- -- -------------- --- -------


11/


4>1 OF~Y~










17-40.03


The following stateme t ofApolicy shall provide a basis for
Department review of water agement programs, rules, and plansa.-
eaUre- th-_a _uch programs, r les and plans, where economically and
environmentally feasible, no contrary to the public interest, and
consistent with Florida w see to: p 4 4

1. a equate affordable sup ly of water for all
reasonable beneficial usesand l-- i ee. of water authorized
by a permit e n beneficial uses.

i,3 2. Reserve frim ue that-~ater necessary to supportAnon-withdrawal
demands, including navigation, recreation, and the protection of
\ fish and wildlife.

3. Promote water conservation as an integral part of water manage-
ment programs, rules, and plans and encourage the use and reuse
of water of the lowest acceptable quality for the purpose in-
tended.

4. Utilize, preserve, restore, and enhance natural water management
systems and discourage the channelization or other alteration of
natural rivers, streams and lakes.

5. Protect the e _-l water storage and water quality enhancement
functions of wetlands, floodplains, and aquifer recharge areas
through acquisition, enforcement of laws, and the application of
land and water management practices which provide for compatible
uses.

6. Mitigate adverse impacts resulting from prior alteration of
natural hydrological patterns and fluctuations in surface and
ground water levels.

7. Establish minimum flows and levels to protect water resources and
the environmental values associated with coastal, estuarine,
a freshwater, and wetlands ecology.

8. Encourage non-structural solutions to water resource problems and
give adequate consideration to non-structural alternatives when-
ever structural works are proposed.

9. Manage development in floodplains and other flood hazard areas to
prevent or reduce flood damage consistent with maintenance of -se
hydrologic characteristics of such areas.

10. Manage the construction and operation of facilities which dam,
divert, or otherwise alter the flow of surface waters to prevent
increased flooding or drainage which is harmful to water re-
sources.

E E urae the development of local or regional water supplies
.... the transport or use of water across District boun-
'^ Y.."l. daries.
12. Control point and non-point sources of water pollution to the
greatest degree feasible as provided in Chapter 17-3, and 17-6,
F.A.C.

13. Undertake interstate agreements and cooperative programs with
Alabama and Georgia to provide for coordinated management of
bhrface and ground waters.


_____IIII__IIIIIIIC_


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17-40.03(5)0





In implementing a consumptive use permitting program, the
Department and District shall recognize the right of an applicant
to make a reasonable-beneficial use of any water which has not
previously been reserved, or allocated to another use, in
accordance with the provisions of Chapter 373,








\- tL GENERAL WATER POLICY


The following general statement of general water policy shall provide a
basis for Department review of water management programs, rules, and plans.
te-asste-that-sueh Water management programs, rules, and plans, where
economically and environmentally feasible, not contrary to the public interest,
and consistent with Florida law, shall seek to:

1. Provide-fe Assure availability of an adequate and affordable supply
of water for all reasonable-beneficial uses. and-imrit-uses Uses of
water authorized by a permit shall be limited to reasonable-beneficial
uses.

2. Reserve from use that water necessary to support essential non-withdrawal
demands, including navigation, recreation, and the protection of fish
and wildlife.

3. Promote water conservation as an integral part of water management pro-
\0 grams, rules, and plans and e~aragc the use and reuse of water of the
lowest acceptable quality for the purpose intended.

4. Utilize, preserve, restore, and enhance natural water nmnagement systems
and discourage the channelization or other alteration of natural rivers,
streams and lakes.

5. Protect the natural water storage and water quality enhancement functions
of wetlands, floodplains, and aquifer recharge areas through acquisition,
enforcement of laws, and the application of land and water management
practices which provide for compatible uses.

6. Mitigate adverse impacts resulting from prior alteration of natural
hydrologic patterns and fluctuations in surface and ground water levels.

7. Establish minimum flows and levels to protect water resources and the
environmental values associated with Oae, estuarine, freshwater,
and wetlands ecology. /f 4kLV.

8. Encourage non-structural solutions to water resource problems and give
adequate consideration to non-structural alternatives whenever structural
works are proposed. / -41 U/ /

7/ 9. "iia-ge deVle pienu n floodplains and other flood hazard areas to prevent
or reduce flood damage consistent with Aaintenance of the-natwtal desirable
hydrologic characteristics of such areas.

10. Manage the construction and operation of facilities which dam, divert,
,/^ or otherwise alter the flow of surface waters to prevent increased floodingg)4; a4i&U
or/ drainage wfiu-h i -ihaLrmfl to Wa- rt~-o ~ ...-.

7 11. Encourage the development of local or regional water supplies p~ier-te rather
than the transport-or-se-of water across District boundaries.


12. Control point and non-point sources of water pollution to the greatest
degree feasible as provided in Chapter 17-3, and 17-6, F.A.C.

13. Undertake Develop interstate agreements and undertake cooperative
programs with Alabama and Georgia to provide for coordinated
management of surface and ground waters.





j Ai


z' e 9 o


5 4f


l7p f. 00 GENERAL WATER POLICY


The following general statement of general /ter poli shall prove
basis for Department review of water management programs Z ii, -li
au-h- -sBueh Water management programs rules, aim' whej-
economically d environmentally feasible, not contrary tc public interest,
(and consitit with Florida law, shall seek to:

1. Provide-foe Assure availability of an adequate and affordable supply
of water for all reasonable-beneficial uses. and--imrt-tises Uses of
water authorized by a permit shall be limited to reasonable-beneficial
uses.

2. Reserve fro use at water necessary to support essential non-withdrawal
demands, in g navigation, recreation, and the protection of fish
and wildlife.

3. Promote water conservation a ri" tral part of water management pro-
grams, rules, and plans and -i H a he use and reuse of water of the
lowest acceptable quality fo0 oJ se intended.

4. Uti r ve restore, and enhance natural water management systems
and dis urage the channelization or other alterati n of natural rivers,
stress and Akes. r


5. Protect the natural water storage and water quality enhancement functions
of wetlands, floodplains, and aquifer recharge areas through acquisition,
enforcement of laws, and the application of land and water management
practices which provide for compatible uses.

6. Mitigate adverse impacts resulting from prior alteration of natural
hydrologic patterns and fluctuations in surface and ground water levels.

7. Establish minimum flows and levels t P ectv water resources and the
environmental values associated wi ees ~estuarine, freshwater,
and wetlands ecology. tz )-

8. Encourage non-structural solutions to water resource problems and give
adequate consideration to non-structural alternatives whenever structural
works are osed .o

9., p'ains and o r flood hazard areas to prevent
\or jeduce flood damage consistent with maintenance of the-natural desirable
hydrologic characteristics of such areas.

10. Manage the construction and operation of facilities which dam, divert,
or otherwise alter the flow of surface waters to prevent increased flooding
-e-drainag-whih is ha-mful ..towater rceoucsf ,-'-^ ,-< .-t -- "' ... .*-

11. Encourage the development of local or regional water suppliesAprier-te rather
than the transport -or-se-of water across District boundaries.

12. Control point and non-point sources of water pollution to the greatest
degree feasible as provided in Chapter 17-3, and 17-6, F.A.C.

13. Undertake Develop interstate agreements and undertake cooperative
programs with Alabama and Georgia to provide for coordinated
management of surface and ground waters.


.
Il l









17-40.03 GENERAL WATER POLICY



The following general statement of policy shall provide a basis for
IL, Department r eiew of wat r management programs, rules, and plansee-
aP -- hatk Such program, rul s and plans, where economically and
^ environmentally feasible, not contrary to the public interest, and
consistent with Florida law, seek to:

1. Provide for an adequate and affordable supply of water for all
reasonable beneficial uses,an~f imit uses of water authorized
by a permit to reasonable beneficial uses.

2. Reserve from use that water necessary to supportAnon-withdrawal
demands, including navigation, recreation, and the protection of
fish and wildlife.

3. Promote water conservation as an integral part of water manage-
ment programs, rules, and plans and encourage the use and reuse
of water of the lowest acceptable quality for the purpose in-
tended.

4. Utilize, preserve, restore, and enhance natural water management
systems and discourage the channelizationor other alteration of
natural rivers, streams and lakes.

5. Protect the natural water storage and water quality enhancement
functions of wetlands, floodplains, and aquifer recharge areas
through acquisition, enforcement of laws, and the application of
land and water management practices which provide for compatible
uses.

6. Mitigate adverse impacts resulting from prior alteration of
natural hydrological patterns and fluctuatiohs in surface and
ground water levels.

7. Establish minimum flows and levels to protect water resources and
the environmental values associated with coastal, estuarine,
freshwater, and wetlands ecology.

8. Encourage non-structural solutions to water resource problems and
give adequate consideration to non-structural alternatives when-
ever structural works are proposed.

Si \ 9. Manage development in floodplains and other flood hazard areas to
S# prevent or reduce flood damage consistent with maintenance of the
Si natural hydrologic characteristics of such areas.

( 10. Manage the construction and operation of facilities which dam,
Divert, or otherwise alter the flow of surface waters to prevent
Cs" f- A/ increased flooding or drainage which is harmful to water re-
L sources.

j II 11. Encourage the development of local or regional water supplies
prior to the transport or use of water across District boun-
daries.


12. Control point and non-point sources of water pollution to the
greatest degree feasible as provided in Chapter 17-3, and 17-6,
r A.C.

13. Udert interstate agreements and cooperative programs with
Alabama and Georgia to provide for coordinated management of
84rfaCe and ground waters.


'-~~ -~-~' ~Fitl~l~8~~8R~l~t;~irs~Pl~o:~L~+C:. ~~V~3C~Fr
-~------~-~-~1~1111------~ __




17-40.03(5)


In implementing a consumptive use permit ng program, the
Department and District shall recognize Zhe right of an applicant
to make a reasonable-beneficial use of any water which has not
previously been reserved, or allocated to another use, in
accordance with the provisions of Chapter 373,


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