Title: Florida Department of Environmental Regulation Rules. Chapter 17-40 Water Policy. Section 17-40.01 through 17.40-10. 10p.
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Title: Florida Department of Environmental Regulation Rules. Chapter 17-40 Water Policy. Section 17-40.01 through 17.40-10. 10p.
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RULES OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION

CHAPTER 17-40

WATER POLICY

17-40.01 Declaration and Intent

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

Such waters should be managed to conserve and protect

natural resources and scenic beauty and to realize the

full beneficial use of the resource. Recognizing the

importance of water to the state, the Legislature passed

the Water Resources Act, Chapter 373, Florida Statutes.

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

ter Use Plan and the Florida Water Plan will be developed

progressively as studies are completed and as Department

or District rules and programs are developed.

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

provide such information, directions, or objectives for

the guidance of the Districts as it deems necessary.

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

icy as expressed in Chapter 373, Florida Statutes, and to

otherwise provide guidance to the Department and Districts

in the development of programs, rules, and plans.

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

rule now existing or later adopted by the Department or

District. However, procedures are included in this Chap-

ter which provide for the review and modification of Depart-

ment and District rules to assure consistency with the pro-

visions of this Chapter.

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


and the Florida Water Plan.

(7) It is the intent of the Department, in cooperation with


4 I











the Water Management Districts, to seek adequate sources

of funding to supplement District ad valorem taxes to im-

plement the provisions of this Chapter.

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

Law Implemented: 373.036, F.S.

History: New.

17-40.02 Definitions

When appearing in this Chapter, the following words shall mean:

(1) "Department" means the Department of Environmental Regula-

tion.

(2) "District" means a Water Management District created pur-

suant to Chapter 373, Florida Statutes.

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

Law Implemented: 373.036, F.S.

History: New.

17-40.03 General Water Policy (Reserved.)

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 Stat-

utes:

(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 pre-

sently existing legal uses of water and is consistent with

the public interest.

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

ficial use, consideration should be given to any evidence

presented concerning the following factors:


(a) The quantity of water requested for the use;


r 4A





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

(d) Th purpose and value of the .Je;

(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

taken;

(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 in-

duce salt water intrusion.

(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 re-

quired 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.












17-40.05


Speci c Authority: 373.026, 3 043, 403.805, F.S.

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

History: New.

Water Transport

The following shall apply to the transfers of water where

such transfers are regulated pursuant to Part II of Chapter

373, Florida Statutes:

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

shall require approval of each involved District.

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

District boundaries is consistent with the public interest

pursuant to Section 373.223, Florida Statutes, the Dis-

tricts should consider the extent to which:

(a) Comprehensive water conservation and reuse programs

are implemented and enforced in the area of need.

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

have been adequately determined including the impact

on both the supplying and receiving areas;

(c) The transport is an environmentally and economically

acceptable method to supply water for the given pur-

pose;

(d) The present and projected water needs of the supplying

area are reasonably determined and can be satisfied

even if the transport takes place;

(e) The transport plan incorporates a regional approach

to water supply and distribution including, where ap-

propriate, plans for eventual interconnection of wa-


ter supply sources; and

(f) The transport is otherwise consistent with the

public interest based upon evidence presented.







Sp-eific Authority: 373.026, 373.043, 403.805, F.S.

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

History: New.

17-40.06 Water Quality

(1) Water quality standards shall be enforced pursuant to Chap-

ter 403, Florida Statutes, to protect waters of the State

from point and non-point sources of pollution.

(2) State water quality standards adopted by Department rule

shall be a part of the Florida Water Plan.

Specific Authority: 403.061, 373.026, 373.043, 403.805, F.S.

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

History: New.

17-40.07 Surface Water Management

The following shall apply to the regulation of surface waters

pursuant to Part IV, Chapter 373, Florida Statutes.

(1) The construction and operation of facilities which manage

or store surface waters, or other facilities which drain,

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

ters in the State, and the improvements served by such

facilities, shall not be harmful to water resources or

inconsistent with the objectives of the Department or

District.

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

tency with the objectives of the Department of District,

consideration should be given to:

(a) The impact of the facilities on:

(i) recreation,

(ii) navigation,


(iii) water quality,

(iv) fish and wildlife,








(v) wetlands, floodplains, and other

environmentally sensitive lands,

(vi) saltwater or pollution intrusion, including

any barrier line established pursuant to Sec-

tion 373.033, Florida Statutes,

(vii) reasonable-beneficial uses of water,

(viii) minimum flows and levels established pursuant

to Section 373.042, Florida Statutes, and

(ix) other factors relating to the public health,

safety, and welfare;

(b) Whether the facilities meet applicable design or per-

formance standards.

(c) Whether adequate provisions exist for the continued

satisfactory operation and maintenance of the facili-

ties;

(d) The ability of the facilities and related improvements

to avoid increased damage to offsite property or the

public caused by:

(i) floodplain development, encroachment or other al-

teration,

(ii) retardance, acceleration or diversion of flowing

water,

(iii) reduction of natural water storage areas,

(iv) facility failure, or

(v) other actions adversely impacting offsite water

flows or levels.

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


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

History: 'Mew.

17-40.08 Minimum Flows and Levels








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

tion 373.042, consideration shall be given to the protec-

tion of water resources, natural seasonal fluctuations in

water flows or levels, and environmental values associated

with coastal, estuarine, aquatic, and wetlands ecology, in-

cluding:

(a) Recreation in and on the water;

(b) Fish and wildlife habitats and the

passage of fish;

(c) Estuarine resources;

(d) Transfer of detrital material;

(e) Maintenance of freshwater storage and supply;

(f) Aesthetic and scenic attributes;

(g) Filtration and absorption of nutrients and other

pollutants;

(h) Sediment loads;

(i) Water quality; and

(j) Navigation.

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

tion where relevant to:

(a) The construction and operation of water resource

projects.

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

IV, and Section 373.086, Florida Statutes.

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

tion 373.175 or Section 373.246, Florida Statutes.

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

Law Implemented: 373.036, 373.042, 373.086, 373.175,


373.246, F.S.

History: New.








17-40.09 District Water Management Plans

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

which is consistent with the provisions of this Chapter and

Section 373.036, Florida Statutes. The plan shall identify

specific geographical areas where water resource problems

have reached critical levels.

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

critical problem.

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

resource projects; water resources restoration pro-

jects pursuant to Section 403.0615, Florida Statutes;

purchase of lands; enforcement of Department or Dis-

trict rules; and actions taken by local government

pursuant to a Local Government Comprehensive Plan,

local ordinance, or zoning regulation.

(4) District Plans shall also provide for identifying areas

where collection of data, water resource investigations,

water resource projects, or the, implementation of regula-

tory programs are necessary to prevent water resource prob-

lems from reaching critical levels.

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

Law Implemented: 373.036, 373.033, 373.042, 373.106,

373.114, F.S.

History: New.

17-40.10 Review and Application

(1) This Chapter shall be reviewed periodically, but in

no case less frequently than once every four years.

Revisions, if any, shall be adopted by rule.


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

Chapter, the Department, in coordination with the







Districts, shall review existing rules for consistency

with the provisions contained herein.

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

be reviewed by the Department for consistency with this

Chapter.

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

tiate rulemaking pursuant to Chapter 120, Florida Statutes,

to consider changes the Department determines to be neces-

sary to assure consistency with this Chapter. The Depart-

ment shall be made a party to the proceeding.

(5) District water policies may be adopted which are consistent

with this Chapter, but which take into account differing

regional water resource characteristics and needs.

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

tation of programs pursuant to Sections 373.033, 373.042,

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

Florida Statutes, where the Department or District deter-

mines that present or projected conditions of water short-

ages, saltwater intrusion, flooding, drainage, or other wa-

ter resource problems, prevent or threaten to prevent the

achievement of reasonable-beneficial uses, the protection

of fish and wildlife, or the attainment of other water pol-

icy directives.

(7) The Department and Districts shall assist other governmental

entities in the development of plans, ordinances, or other

programs to promote consistency with this Chapter and Dis-

trict water management plans.


(8) Duplication of water quality and quantity permitting func-

tions should be eliminated where appropriate through dele-

gation of Department responsibilities to Districts.









(9) The Department and Districts should assist educational in-

stitutions in the development of educational curricula and

research programs which meet Florida's present and future

water management needs.

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

Law Implemented: 373.036, 373.033, 373.042, 373.106,

373.114, F.S.

History: New.




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