Title: Florida Department of Environmental Protection DER Hearing Draft of Recommended Changes in State Water Policy, and announcement of Public Hearing on
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Full Text



Florida Department of .

Environmental Protection


Marjory Stoneman Douglas Building
Lawton Chiles 3900 Commonwealth Boulevard Virginia B. X-Wetherell
Governor Tallahassee, Florida 32399-3000 Secretary

To: Interested Parties

From: Virginia B. Wetherell, Secretary l>B

Date: October 25, 1993

Subject: Hearing Draft of Recommended Changes in State Water
Policy

On October 1, we distributed a revised draft of changes to
Chapter 17-40, "Water Policy". That draft included important
changes from the August 5 draft discussed at public workshops. A
public hearing on the proposals has now been scheduled before the
Environmental Regulation Commission:

Time and date: 9:00 a.m., December 1-2, 1993
Place: Clarion Plaza Hotel, 9700 International Drive,
Orlando, Florida

Enclosed for your information is the hearing draft of the proposed
changes to Chapter 17-40, as provided to the Environmental
Regulation Commission and as published in the Florida Administrative
Weekly. The hearing draft includes only actual proposed changes in
the existing rule (both additions and deletions). For your
reference in reviewing the hearing draft of amendments, also
enclosed is the current rule. The Commission will receive a
briefing on the proposed changes during their November 18-19 meeting
in Tallahassee.

You may be aware that the Commission will be considering other
important rules during that meeting, including ones relating to
wetland delineation and mitigation banking. These three
interdependent rules are critical to integrating our water
management efforts in Florida. The wetland delineation and
mitigation banking rules provide, for the first time, statewide
consistency on their particular subjects. The water policy rule has
a broader and also indispensable purpose: overall guidance for the
Department of Environmental Protection and the five regional water
management districts on all the water management issues we face as
Floridians. Together, these three initiatives point the way for the
new Department of Environmental Protection, in partnership with the
water management districts, to manage wisely our invaluable water
resources.


Your constructive involvement in revising state water policy is
greatly appreciated. For more information, please contact Tom
Swihart, Bart Bibler, or Lou Burney at (904) 488-0784.

VW/lp

Enclosures
Printed on recycled paper.


_ __ I











Proposed Amendments to
Chapter 17-40, F.A.C.
"Water Policy"







(Refer to enclosure titled
"CURRENT RULE" to relate the
proposed amendments to the rule
currently in effect)


__



















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RULES OF THE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

CHAPTER 17-40

WATER POLICY

17-40.110 Declaration and Intent.

(1) No change.

(2) This Chapter is intended to provide elarify water

policy goals, objectives, and guidance for the development

and review of programs, rules, and plans relating to water

resources, as expressed in Chapters 187, 373, and 403,

Florida Statutes. T-and-o-eCherwtse-proevde-guidanee-o-bhe

Bepartment-and-B9striefs-n-tkhe-develpment-of-programs7

rulesT-and-plansT--b eal-govermentes-shal-eens4der-statee

water-peliey-in-the-development-ef-their-eemprehensive-plans

required-by-ehapter-1697-Florida-StatutesT-as-required-by

Seetien-4893r89{9f3faT-FrS6

(3) These policies shall be construed as a whole and no

individual policy shall be construed or applied in isolation

from other policies.

f39) Thisshaper-des-net-repeay-amend-r-therwise

alter-any-rule-new-existing-er-aer-adoped-by-the

Bepartment-or-Bistrietr--Hewever7-proeedures-are-ineluded-in

this-ehapter-whieh-provide-for-the-review-and-medifieaon-ef

Bepartment-and-B9striet-rules-to-assure-eensisteney-with-the

provisions-ef-this-ehapter-

(4) Notwithstanding the incorporation of other

Department rules in Rule 17-40.120, F.A.C., this Chapter


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shall not constitute standards or criteria for decisions on

individual permits.

(5) A goal of this Chapter is to coordinate the

management of water and related land resources. Local

governments shall consider state water policy in the

development of their comprehensive plans as required by

Chapter 163, Florida Statutes, and as required by Section

403.0891(3)(a), F.S. Special districts which manage water

shall consider state water policy in the development of their

plans and programs. The Legislature has also expressed its

intent, in Section 373.0395, F.S., that future growth and

development planning reflect the limitations of available

ground water and other water supplies.

(6) It is an objective of the State to protect the

functions of entire ecological systems, as developed and

defined in the programs, rules, and plans of the Department

and water management districts.

(7) Government services should be provided efficiently.

Inefficiency resulting from duplication of permitting shall

be eliminated where appropriate, including water quality and

water quantity permitting functions.

(8) Public education, awareness, and participation

shall be encouraged. The Department and Districts should

assist educational institutions in the development of

educational curricula and research programs which meet

Florida's present and future water management needs.

(9 13) This Chapter does not repeal, amend or











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otherwise alter any rule now existing or later adopted by the

Department or Districts. However, procedures are included in

this Chapter which provide for the review and-modification of,

Department and District plans, programs, and rules to assure

consistency with the provisions of this Chapter. The

procedure for modification of District rules as requested by

the Department shall be as prescribed in Section 373.114,.

F.S. and applicable provisions of this Chapter.

(4) renumbered as (10.

Specific Authority: 373.026(10), 373.043, 373.171,

403.061(33), 403.073. F.S.

Law Implemented: 373.016, 373.114, 403.061(33), 403.073,

403.0891, F.S., Ch. 93-213, s.2, 1993 Fla. Laws 1652, 1654.

History: New 5-5-81. Previously numbered as 17-40.01.

Amended 12-5-88. Previously numbered 17-40.001, Amended

8-14-90, 12-17-91,__

17-40.120 Department Rules.

(1) (3) No change.

(4) Ground Water Classes, Standards, and Exemptions,

Chapter 17-520, F.A.C.

(5) Drinking Water Standards, Monitoring, and

Reporting, Chapter 17-550, F.A.C.

Specific Authority: 373.026(7), 373.026(10), 373.043,

403.061(33), 403.805, 403.861. F.S.

Law Implemented: 373.016, 373.114, 403.061(33), 403.853,

403.0891, F.S.

History: New 8-14-90. Amended


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17-40.210 Definitions.

When used in this Cehapter and in the review of rules of

Districts pursuant to Section 373.114(2), F.S., unless the

context or content of such District rule requires a narrower,

more specific meaning, the following words shall mean:

(1) (2) No change.

(3) "Department" means the Department of Environmental

Protection Regulatien.

(4) (5) No change.

16) "District Water Management Plan" means the

long-range comprehensive water resource management Plan

prepared by a District.

(6) (7) renumbered as (7) (8).

19) "F-oodplain" means land area subject to n ud

by flood waters from a river, watercourse. lake, or coastal

waters. Floodplains are delineated according to their

estimated frequency of flooding.

110)f "Florida Water Plan" means the State Water Use

Plan fermulated-pursuant-to-Seetion-3797967-Florid

Stataues, together with the water quality standards and water

classifications adopted by the Department in-ehapters-17-3

and-3-9e27T-FvAre.

(9) (10) renumbered as (11) (12).

(13) "Ground water availability" means the otntial

quantity of ground water which can be withdrawn wthou

resulting in significant harm to the water resources o

associated natural systems.












1 (14) "Ground water basin" means a ground water flow

2 system that has defined boundaries and may include permeable

3 materials that are capable of storing or furnishing a

4 significant water supply. The basin includes both the

5 surface area and the permeable materials beneath it.

6 (15) "High recharge areas" means areas contributing

7 significant volumes of water which add to the storage and

' flow of an aquifer through vertical movement from the land

9 surface. The term significant will vary geographically

10 depending on the hvdrologic characteristics of that aquifer.

11 (16) "Interim pollutant load reduction goal" means a

12 best judgment numeric estimate of the level of pollutant load

13 reduction anticipated to result from planned corrective

14 actions as an interim step toward the goal of preserving or

15 restoring designated uses of receiving bodies of water and

16 maintaining water quality consistent with applicable state

17 water quality standards.

18 (17) "Natural system" means an ecological system

19 supporting aquatic and wetland-dependent natural resources.

?0 including fish and wildlife habitat.

21 (11) renumbered as (18).

22 (19) "Pollutant load reduction goal" means estimated

23 numeric reductions in pollutant loadings needed to preserve

24 or restore designated uses of receiving bodies of water and

25 maintain water quality consistent with applicable state water

26 quality standards.

27 (20) "Prime recharge areas" means areas that are


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generally within high recharge areas and are significant to

present and future ground water uses including protection and

maintenance of natural systems and water supply.

(12) renumbered as (21).

(22L f13 "Reclaimed water" means water that has
received at least secondary treatment and is reused after

flowing out of a domestic wastewater treatment facility.

(14) renumbered as (23).

(24)fl5) "Reuse" means the deliberate application of

reclaimed water, in compliance with Department and District

rules, for a beneficial purpose.

(a) For example, said uses may encompass:

1. 3. No change.

4. Groundwater recharge (such as slow rate,

rapid-rate, and absorption field land application systems)

but not including disposal methods described in Rule

17-40.210(24)(b) 17-4e8lef5fby), F.A.C.;

5. 8. No change.

(b) No change.

(16) renumbered as (25).

(26)f17)- "State water quality standards" means water

quality standards adopted by the Environmental Regulations

Commission pursuant to Chapter 403, Florida Statutes,

including standards comprised of designated most beneficial

uses (classification of waters), the numerical and narrative

criteria applied to the specific water use or classification,

the Florida antidegradation anti-degradation policy, and the











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moderating provisions contained in Rules 17-3_ and 17-4,

17-302, 17-520, and 17-550L F.A.C.

(18) (23) renumbered as (27) (32).

(33) "Surface water availability" means the potential

quantity of surface water that can be removed or retained

without significant harm to the water resources or associated

natural systems.

(34) "Water resource caution area" means a geographic

area identified by a water management district as having

existing water resource problems or an area in which water

resource problems are projected to develop during the next

twenty years. A critical water supply problem area, as

described in Section 403.064, F.S., is an example of a water

resource caution area.

(24) (25) renumbered as (35) (36).

(37) "Watershed management goal" means an overall goal

for the management of water resources within a watershed.

(26) renumbered as (38).

Specific Authority: 373.026(10), 373.043, 373.418,

403.061(33), F.S.

Law Implemented: 370.013, 373.016, 373.026(7), 373.036.

373.0391, 373.0395. 373.042, 373.114, 373.175. 373.223,

373.418, 373.451, 377.371(1), 403.061(33)(34) 403.0615(3),

403.064. 403.0891, F.S., Ch. 93-213, s.2. 1993 Fla. Laws

1652, 1654, Ch. 93-213, s.29, 1993 Fla. Laws 1652, 1663 (to

be codified at Fla. Stat. s.373.4135), Ch. 93-213, s.30, 1993

Fla'. Laws 1652. 1663 (amending Fla. Stat. s.373.414(1991L))f ..


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History: New 5-5-81. Previously numbered as 17-40.02.

Amended 12-5-88. Previously numbered 17-40.020, Amended

8-14-90, 12-17-91.

17-40.310 General Policies.

The following statement of general water policy shall

guide previde-a-basis-fer Department review of water

management programs, rules, and plans. 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) Water Supply

(1) (3) renumbered as (a) (c).

/(d)4) Advocate and direct the reuse of reclaimed

water as an integral part of water and wastewater management

programs, rules, and plans consistent with protection of the

public health and surface and ground water quality.

(5) renumbered as (e).

(f) Encourage the development of local and regional

water supplies within districts rather than transfer water

across District boundaries.

(g) Encourage demand management and the development of

alternative water supplies, including water conservation,

reuse of reclaimed water, desalination, stormwater and

industrial wastewater reuse, recharge, and aquifer storage

and recovery.

f6) U~~ti ter-preserve7-restereT-and-enhaee-natura

water-manageament-systems-and-diseurage-the-ehanneirettion-e











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ethek-altera~on-aef-naiura-rverst-streams-and-Makees

(a) Preteet-the-waner-sterage-and-water-quality
enhaneemente-fneteons-e-wet lands7-floedplans7-and-equiher

reeharge-areas-hreough-aequ~isi~en-enfereemente-f-eaws7-and

the-applieatien-ef-oand-end-water-managemen-praeees-wheh

previde-eor-eempatible-usesT

(8) renumbered as (h).

(2) Water Quality Protection and Management

(a) Restore and protect the quality of ground and

surface water by solving current problems and ensuring high

quality treatment for stormwater and wastewater.

(9) renumbered as (b).

(3) Flood Protection and Floodplain Protection

fe9) Mitjgate-adverse-,mpaers-resutieng-ir-prior

eleratien-ef-nat ural-hydrelegate-paterns-and-fluemanes-in

srfeee-and-greound-water-1eveisr

#1)f Esteab~ish-minimum-faews-and-levels-e-preeeet-water

reseurees-and-the-env nmenvrn ~a-values-asseeaeed-wh

marine7-eshenrmne7-freshwaterT-and-welQnds-eeeeogy-

(12) renumbered as (a).

(93) Eneorage-the-management-oe-fedpaQns-and-oeher

fleed-haeard-areas-ta -prevenf-er-rednee-f ied-damage7

eonsistent-wth-estabishment-and-maintenanee-ef-desrable

hydrelegie-eharaeteristies-ef-sueh-areas

bkf4) Manage the construction and operation of

facilities which dam, divert, or otherwise alter the flow of

surface waters to minimize damage from prevent-inereased


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flooding, soil erosion or excessive drainage.

(c) Encourage the management of floodplains and other

flood hazard areas to prevent or reduce flood damage,

consistent with establishment and maintenance of desirable

hydrologic characteristics and associated natural systems.

(d) Encourage the development and implementation of a

strict floodplain management program by state, regional, and

local governments designed to preserve floodplain functions

and associated natural systems.

(e) Avoid the expenditure of public funds that

encourage or subsidize incompatible new development or

significant expansion of existing development in high-hazard

flood areas.

(f) Minimize flood-related emergencies, human

disasters, loss of property, and other associated impacts,

(4) Natural Systems Protection and Management

(a) Establish minimum flows and levels to protect water

resources and the environmental values associated with

marine, estuarine. freshwater, and wetlands ecology.

(b) Mitigate adverse impacts resulting from prior

alteration of natural hydrologic patterns and fluctuations in

surface and ground water levels.

(c) Utilize, preserve, restore, and enhance natural

water management systems and discourage the channelization or

other alteration of natural rivers, streams and lakes,

(5) Management Policies

(a) Protect the water storage and water quality










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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.

(b) Emphasize the prevention of pollution and other

water resource problems.

(15) Eneeourage-the-develeopmene-ef--eeal-Bnd-regenal

water-supplies-within-distriets-rather-than-transpert-water

aeress-Bs5erieh-boundaries

f(6) Restare-and-proteet-the-quality-of-ground-an

surfaee-water-by-ensuring-high-quality-treatment-for

stermwater-and-wastewater:

(17) renumbered as (c).

Specific Authority: 373.026(10), 373.036, 498398937 373.043,

403.061(33), 403.0891, F.S.

Law Implemented: 373.013, 373.016, 373.026(7), 373.036,

373.0391, 373.042, 373.043, 373.084, 373.085, 373.103(4),

373.114, 373.171, 373.175, 373.223, 373.413, 373.418.

373.451, 377.371(1), 403.061(33) (34), 403.0615(3), 403.064.

403.0891, F.S., Ch. 93-213, s.2, 1993 Fla. Laws 1652, 16540

Ch. 93-213, s.29, 1993 Fla. Laws 1652. 1663 (to be codified

at Fla. Stat. s. 373.4135). Ch. 93-213, s.30, 1993 Fla. Laws

1652, 1663 (amending Fla. Stat. s. 373.414 (1991)).

History: New 7-1-81. Previously numbered as 17-40.03.

Amended 12-5-88. Previously numbered as 17-4.030, Amended

8-14-90, 12-17-91, .

17-40.401 Water Use and Reuse.


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Specific Authority: 373.026, 373.043, F.S.

Law Implemented: 187.101(3), 373.016, 373.0391(2)(e), Part

II, 373, 403.064, F.S.

History: New 5-5-81. Amended 2-4-82, 12-5-88. Previously

numbered as 17-40.04. Previously numbered as 17-40.040,

Amended 8-14-90, 12-17-91. Repealed

17-40.410 Water Supply Protection and Management.

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 interest.

(2) In determining whether a water use is a

reasonable-beneficial use, the following factors will be

considered:

(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;


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(h) The method and efficiency of use;

ri) Water conservation measures taken or available to

be taken;

(1) The feasibility of alternative sources such as

reclaimed water, stormwater, brackish water and salt water;

The-Bvailabi~ity-ef-reeaeamed-water-fer-and-the-preetieaety

ef-reaser-er-the-use-ef-waters-ef-mere-sutsable-qualtyt

(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;

(o) Whether the proposed use would significantly induce

saltwater intrusion;

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

causing harm to the resource; and

i() Whether the proposed use would adversely affect

public health.

13) Water shall be reserved from permit use in such

locations and quantities, and for such seasons of the year,

as required for the protection of fish and wildlife or the

public health or safety.

(4) Water use shall not be allowed to exceed ground

water availability or surface water availability. If either

is exceeded, the Districts shall expeditiously implement a


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remedial program. The remedial program shall consider

options such as designation of a water resource caution area.

declaration of a water shortage, development of water

resource projects, regulation of consumptive water users, or

other options consistent with this chapter and Chapter 373,



(5) In implementing consumptive use permitting

programs, the Department and the 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 consumptive 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.

(7) The Districts shall determine whether Section

373.233, F.S.. entitled "Competing Applications", and

implementing rules, are applicable to pending applications.

(8) Any reallocation of an existing permitted quantity

of water shall be reviewed by the District and shall be

subject to full compliance with the applicable permitting











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S27-


criteria of the District.

Specific Authority: 373.026, 373.043, 373.171, 403.061(33),

F.S.

Law Implemented: 187.101(3). 373.016, 373.0391(2)(e),

373.042, Part II, 373, 403.064. F.S.

History: New

17-40.412 Water Conservation.

The overall water conservation goal of the state shall

be to prevent and reduce wasteful, uneconomical, impractical,

or unreasonable use of water resources. Conservation of

water shall be required unless not economically or

environmentally feasible. The Districts shall accomplish

this goal by:

(1) Assisting local and regional governments and other

parties in formulating plans and programs to conserve water

to meet their long-term needs, including incentives such as

longer term or more flexible permits, economic incentives.

and greater certainty of supply during water shortages;

(2) Establishing efficiency standards for urban.

industrial, and agricultural demand management which may

include the following:

(a) Restrictions against inefficient irrigation

practices;

(b) If a District imposes year-round restrictions on

particular irrigation activities or irrigation sources, using

a uniform time period of 10:00 a.m. to 4:00 p.m.;

(c) Minimizing unaccounted for water losses;


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(d) Promoting water conserving rate structures;

(e) Water conserving plumbing fixtures, Xeriscape. and

rain sensors.

(3) Maintaining public information and education

programs for long- and short-term water conservation goals;

(4) Executing provisions to implement the above

criteria and to consistently apply water shortage

restrictions between those Districts whose boundaries contain

political jurisdictions located in more than one District.

Specific Authority: 373.026, 373.043, 403.061(33), F.S.

Law Implemented: 373.171, 373.175, 373.185. 373.196.

373.1961, F.S.

History: New

17-40.416 Water Reuse.

(1) As required by Section 373.0391(2)(e). F.S., the

Districts shall designate areas that have water supply

problems which have become critical or are anticipated to

become critical within the next 20 years. The Districts

shall identify such water resource caution areas during

preparation of a District Plan pursuant to Rule 17-40.520,

F.A.C., and shall adopt and amend these designations by rule.

(2) In implementing consumptive use permitting

programs, a reasonable amount of reuse of reclaimed water

from domestic wastewater treatment facilities shall be

required within designated water resource caution areas.

considering economic, environmental, and technical factors,

(3) The Districts shall periodically update their


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designations of water resource caution areas by rule. Such

updates shall occur within one year after updates of the

District Plan prepared pursuant to Rule 17-40.520, F.A.C.

After completion of the District Plan or updates pursuant to

Rule 17-40.520, F.A.C., the Districts may limit areas where

reuse shall be required to areas where reuse is specified as

a remedial or preventive action pursuant to Rule 17-40.520.

F.A.C. Any such limitation of areas where reuse shall be

required shall be designated by rule.

(4) In implementing consumptive use permitting

programs, a reasonable amount of reuse of reclaimed water

from domestic wastewater treatment facilities may be required

outside of areas designated pursuant to Rule 17-40.416(1),

F.A.C.. as subject to water supply problems, provided:

(a) Reclaimed water is readily available;

(b) Consideration is given to economic, environmental,

and technical factors; and

9c) The District has adopted rules for reuse in

these areas.

(5) The Department encourages local governments to

implement programs for reuse of reclaimed water. These rules

shall not be deemed to preempt any such local reuse programs.

Specific Authority: 373.026, 373.043, 403.061(33), F.S.

Law Implemented: 187.101(3), 373.016, 373.023(1),

373.0391(2) e), Part II, 373, 403.064, F.S.

History: New

17-40.422 Interdistrict Transfer.


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The following shall apply to the transfers of surface

and ground water where such transfers are regulated pursuant

to Part II of Chapter 373, Florida Statutes:

(1) The transfer transpoer or use of surface water

across District boundaries shall require approval of each

involved District. The transfer or use of ground water

across District boundaries shall require approval of the

District where the withdrawal of ground water occurs.

(2) In deciding whether the transfer transport and use

of surface water across District boundaries is consistent

with the public interest pursuant to Section 373.223, Florida

Statutes, the Districts should consider the extent to which:

(a) Comprehensive water conservation and reuse programs

are implemented and enforced in the area of needLr

(b) No change.

(c) The transfer transpoertis an environmentally and

economically acceptable method to supply water for the given

purpose;

(d) The present and projected water needs of the

supplying area are reasonably determined and can be satisfied

even if the transfer transport takes place;

(e) The transfer transport plan incorporates a regional

approach to water supply and distribution including, where

appropriate, plans for eventual interconnection of water

supply sources; and

(f) The transfer transport is otherwise consistent with

the public interest based upon evidence presented.


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(3) The interdistrict transfer and use of ground water

must meet the requirements of Section 373.2295, Florida

Statutes.

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

Law Implemented: 373.016, Part II, 373, 403.061(331, F.S.

History: New 5-5-81. Previously numbered as 17-40.05.

Amended 12-5-88. Previously numbered 17-40.050. Formerly

17-40.402, Amended .

17-40.432 Surface Water Protection and Management.

(1) No change.

(2) Watershed management goals shall be developed by

the District for all watersheds within the boundaries of each

District and shall be consistent with the Surface Water

Improvement and Management (SWIM) program and the EPA

National Pollution Discharge Elimination System (NPDES)

program. Watershed management goals shall be included in the

District Water Management Plans.

(3)fJ) Stormwater Management Program Implementation.

As required by Section 403.0891, F.S., the Department,

Districts and local governments shall cooperatively implement

on a watershed basis a comprehensive stormwater management

program designed to minimize the adverse effects of

stormwater on land and water resources. All such programs

shall be mutually compatible with the State Comprehensive

Plan (Chapter 187, Florida Statutes), the Local Government

Comprehensive Planning and Land Development Regulation Act

(Chapter 163, Florida Statutes), the Surface Water


Improvement and Management Act (Sections 373.451-.4595,

F.S.), Chapters 373 and 403, F.S., and this chapter. Programs

shall be implemented in a manner that will improve and

restore the quality of waters that do not meet state water

quality standards and maintain the water quality of those

waters which meet or exceed state water quality standards.

(a) The Department shall be the lead agency responsible

for coordinating the statewide stormwater management program

by establishing goals, objectives and guidance for the

development and implementation of stormwater management

programs by the Districts and local governments. The

Department shall implement the state's stormwater management

program in Districts which do not have the economic and

technical resources to implement a comprehensive stormwater

and surface water management program.

(b) The Ddistricts which have implemented a

comprehensive stormwater and surface water management program

shall be the chief administrators of the state stormwater

management program. The Department or the Districts, where

appropriate, shall set regional stormwater management goals

and policies on a watershed basis, including watershed

stormwater pollutant load reductions necessary to preserve or

restore beneficial uses of receiving waters. For water

bodies which fully attain their designated use and meet the

applicable state water quality standards, the pollutant load

reduction goal may be zero. Such goals and policies shall be


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implemented through District SWIM plans, through preparation

of watershed management plans in other designated priority

watersheds and through appropriate regulations.

(c) No change.

(d) Any water control district created pursuant to

Chapter 298, F.S.. or special act. and other special

districts as defined in Section 189.403(1). F.S., which have

water management powers shall:

1. Be consistent with the applicable local

comprehensive plan adopted under Part II, Chapter 163, F.S.,

and state and district stormwater quality and quantity goals.

for the construction and expansion of water control and

related facilities.

2. Operate existing water control and related

facilities consistent with applicable state and district

stormwater quality and quantity goals. Any modification or

alteration of existing water control and related facilities

shall be consistent with the applicable local government

comprehensive plan and state and district stormwater quality

and quantity goals.

(41 3) Surface Water Management.

The following shall apply to the regulation of surface water

pursuant to Part IV, Chapter 373, Florida Statutes.

(a) No change.

(b) In determining the harm to water resources and

consistency with the objectives of the Department or

District, consideration should be given to:


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1. The impact of the facilities on:

a. b. No change.

c. wetlands, floodplains, estuaries, and other

environmentally sensitive lands;

d. i. No change.

2. 4. No change.

(5)j4) Minimum Stormwater Treatment Performance

Standards.

(a) When a stormwater management system complies with

rules establishing the design and performance criteria for

stormwater management systems, there shall be a rebuttable

presumption that such systems will comply with state water

quality standards. The Department and the Districts,

pursuant to Section 373.418436, F.S., shall adopt rules that

specify design and performance criteria for new stormwater

management systems which:

1. 3. No change.

(b) (c) No change.

d) Watershed-management-geo~ s-sheh- -be-developed-by

the-Bistriet-fer-al-watersheds-wthin-the-boundaries-ef-eaeh

Bstriet-and-shall-be-eonsistent-wih-the-SWIM-Program-and

the-EPA-Natienal-Peltant-Biseharge-Eliminaton-System

fNPBES)-prgramr--The-primary-prpose-shll-be-e-reduee

poeuant-diseharges-from-watersheds-sueh-that-the-water

quality-in-reeeiving-waters-is-restered-or-mainained

eensistent-with-appl3eable-sate-waer-qua-ly-standardsT

Idlfe) Watershed specific stormwater pollutant load


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reduction goals shall be developed for older stormwater 1

management systems on a priority basis as follows: 2

1. Interim pollutant load reduction goals shall be 3

established for all water bodies having approved SWIM plans. 4

la) For SWIM water bodies with plans originally adopted 5

before January 1. 1992, interim pollutant load reduction 6

goals and a schedule for development of the pollutant load 7

reduction goal shall be established by December 31, 1994. 8

(b) For SWIM water bodies with plans originally adopted 9

after January 1. 1992, interim pollutant load reduction goals 10

and a schedule for development of the pollutant load 11

reduction goal shall be established within three years of the 12

plan's original adoption date. GSoas-sha--be-deveelped 13

aeeerdig-eo-Che-sehedle-esa shed-by-EPA-fr-tse-weers 14

Peeeving-sormwater-dsehages-from-systems-requred-o 15

ebtain-NPRES-s ermwater-permts7 16

2. Each District shall develop water body specific 17

pollutant load reduction goals for non-SWIM water bodies on a 18

priority basis according to a schedule provided in the 19

District Water Management Plan. The list of water bodies and 20

the schedule shall be developed by each District, giving 21

priority consideration to water bodies that receive 22

discharges from stormwater management systems that are 23

required to obtain a NPDES municipal stormwater discharge 24

permit. Goals-shall-be-developed-by-994-for-SWIM-water 25

bedies-a-have-an-adeped-SWM-pan-and-ha-- -e ve 26

stermwater-diseharges-frem-systems-required-to-eboain-NPBES 27


23-


stermwater-diseharge-permi~sT

3. These goals shall be considered in local

comprehensive plans submitted or updated in accordance with

Section 403.0891(3)(a), F.S. Seas-sha1-be-developed-for

ether-waQersheds-by-1996---These-goais-shaa-be-eensidered-i

loeal-eemprehensive-plans-sbmiTitted-er-updaed-n-aeeerdanee

with-Seeteon-4e3Tee69f3-f9a7-F7S-

Specific Authority: 373.026, 373.043, 373.418, 403.061,

403.087, F.S.

Law Implemented: 163.3161-163.3243, 186, 187, 189.4155.

373.016, 373.046, 373.114, Part IV, 373, 403.061, 403.0891,

F.S.

History: New 2-20-91. Formerly 17-40.420, Amended

17-40.450 Flood Protection.

Flood protection shall be implemented within the context

of other interrelated water management responsibilities.

Florida will continue to be dependent on some structural

water control facilities constructed in the past, and new

structural facilities may sometimes be unavoidable in

addressing existing and future flooding or other other

water-related problems. The Department and the Districts

shall promote nonstructural flood protection strategies.

(1) Flood Protection Responsibilities

(a) Local governments have the primary responsibility

for regulating land use, enforcing construction criteria for

flood prone areas, establishing local stormwater management

levels of service, constructing and maintaining local flood


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1 control facilities, and otherwise preventing flood damages to

2 new and existing development.

3 (b) District flood protection responsibilities relate

4 primarily to serving regional water conveyance and storage

5 needs. Districts have the authority to plan, construct, and

6 operate water control facilities, as well as regulate

7 discharges into works of the District or facilities

8 controlled by the District.

( (c) Rules adopted under Part IV of Chapter 373. F.S..

10 shall require that appropriate precautions be taken to

11 protect public health and safety in the event of failure of

12 any water control structures, such as pumps and levees.

13 (d) Department and District programs shall discourage

14 siting of incompatible public facilities in floodplains and

15 flood prone areas wherever possible. Where no feasible

16 alternative exists to siting a incompatible public facility

17 in a floodplain or flood prone area. the facility shall be

18 designed to minimize flood damage risks and adverse impacts

19 on natural flood detention and conveyance capabilities.

20 (e) Each District shall clearly define in its District

S1 Water Management Plan. in basin specific plans, or rules, the

22 District's responsibilities related to flood emergencies,

23 including its mechanisms for coordinating with emergency

24 response agencies.

25 (2) District Facilities

26 _a) District water control facilities shall be operated

27 and maintained in accordance with established plans or


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schedules.

(b) Districts shall assess the design characteristics

and operational practices of existing District water control

facilities to ascertain opportunities for minimizing adverse

impacts on water resources and associated natural systems,

Where feasible, facility design modifications or operational

changes shall be implemented to enhance natural systems or

fulfill other water management responsibilities.

Specific Authority: 373.026(10), 373.043, 373.171, 373.418.

403.061(33), F.S.

Law Implemented: 163.3202, 187.201(16). 370.013, 373,016.

373.026, 373.036, 373.0391, 373.042, 373.086(1). 373.175.

373.223(3), 373.413, 373.416, 373.418, 373.423, 373.429.

373.451, 377.371(1). 403.061(34), 403.0615(3). 582.05, F.S..

Ch. 93-213, s.2, 1993 Fla. Laws 1652, 1654, Ch. 93-213, s.29.

1993 Fla. Laws 1652, 1663 (to be codified at Fla. Stat. s.

373.4135), Ch. 93-213, s.30, 1993 Fla. Laws 1652, 1663

(amending Fla. Stat. s. 373.414 (1991)).

History: New

17-40.458 Floodplain Protection.

(1) The Department and the Districts shall provide

leadership to protect and enhance the beneficial values of

floodplains. This shall include active coordination with

local governments, special districts, and related programs of

federal agencies, the Department of Community Affairs, and

the Department of Health and Rehabilitative Services.

(a) The Department and the Districts shall pursue


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development of adequate floodplain protection information

including:


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1. District determination of flood levels for priority

floodplains. At a minimum, this shall include the 100-year

flood level, with other flood levels to be determined where

needed for watershed-specific management purposes. Districts

are encouraged to determine the 10-year flood level for the

purpose of assisting the Department of Health and

Rehabilitative Services to regulate septic tanks in

floodplains pursuant to Section 10D-6.0471. F.A.C.

2. Identification of floodplains with valuable natural

systems for potential acquisition.

3. Identification of floodplain areas having potential

for restoration of natural flow regimes.

(b) The Department and the Districts shall develop

jointly a comprehensive system of coordinated planning,

management, and acgcaisition to protect and, where feasible,

enhance floodplain functions and associated natural systems

in floodplains. This system shall include implementation of

policies and programs to:

1. Acquire and maintain valuable natural systems in

floodplains.

2. Protect the natural water storage and water

conveyance capabilities of floodplains.

3. Where feasible, enhance or restore natural flow

regimes of rivers and watercourses that have been altered for

water control purposes.


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fc) District regulatory proIrams shall minimize

incompatible activities in floodplains. For regulated

floodplains, each District, at a minimum, shall ensure thai

such activities:

1. Will not result in significant adverse effects or

surface and ground water levels and surface water flows.

2. Will not result in significant adverse impacts t

existing surface water storage and conveyance capabilities

the floodplain.

3. Will not result in significant adverse impacts tc

the operation of District facilities.

4. Will assure that any surface water management

facilities associated with the proposed activity will be

capable of being effectively operated and maintained

5. Will not cause violations of water quality

standards in receiving waters.

6. Will not result in significant adverse impacts to

associated natural systems.

7. Will not otherwise be harmful to water resources

natural values of the floodplain.

(2) Each District shall provide to local governments

and water control districts available information regarding

floodplain delineation and floodplain functions and

associated natural systems, and assist in developing

effective measures to manage floodplains consistently with

this Chapter.

Specific Authority: 373.026(10). 373.043, 373,171. 373.418,












1 403.061(33), F.S.

2 Law Implemented: 187.201(16), 370.013, 373.016, 373.026,

3 373.036, 373.0391, 373.042. 373.086(1), 373.175, 373.223(3).

4 373.413, 373.416, 373.418. 373.423. 373.429, 373.451,

5 377.371(1), 403.061(34), 403.0615(3). 582.05, F.S., Ch.

6 93-213, s.29, 1993 Fla. Laws 1652, 1663 (to be codified at

7 Fla. Stat. s. 373.4135), Ch. 93-213, s.30. 1993 Fla. Laws

R 1652, 1663 (amending Fla. Stat. s. 373.414 (1991)).

History: New .

10 17-40.470 Natural Systems Protection and Management.

11 The Department and Districts shall protect and manage

12 aquatic and wetland-dependent natural resources, including

13 fish and wildlife habitat. Programs, plans, and rules to

14 accomplish these goals shall include the establishment of

15 minimum flows and levels (Rule 17-40.473, F.A.C.) and may

16 include protection areas for surface waters (Rule 17-40.475,

17 F.A.C.).

18 Specific Authority: 373.026(10), 373.043, 403.061(33). F.S.

19 Law Implemented: 370.013, 373.016(2). 373.026. 373.036(2),

20 373.0391, 373.042, 373.175, 373.223(3), 373.418, 373.451,

( 377.371(1), 403.061(34), 403.0615(3). Ch. 93-213. s.2. 1993

22 Fla. Laws 1652, 1654, Ch. 93-213, s.29, 1993 Fla. Laws 1652.

23 1663 (to be codified at Fla. Stat. s. 373.4135), Ch. 93-213,

24 s.30, 1993 Fla. Laws 1652, 1663 (amending Fla. Stat. s.

25 373.414 (1991)).

26 History: New

27 17-40.473 Minimum Flows and Levels.


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(1) No change.

(2) Established minimum flows and levels shall be

protected a-eensideratien where relevant to:

(a) (c) No change.

Specific Authority: 373.026, 373.043, 403.061(33). 403.805,

F.S.

Law Implemented: 373.016, 373.042, 373.086, 373.175, 373.223,

373.246, 373.413, F.S.

History: New 5-5-81. Previously numbered as 17-40.08.

Amended 12-5-88. Previously numbered 17-40.080. Formerly

17-40.405, Amended

17-40.475 Protection Areas for Surface Waters.

(1) As part of SWIM Plans or basin-specific management

plans, programs, or rules, the Districts are encouraged to

establish protection areas as appropriate to enhance or

preserve surface waters and associated natural systems.

Protection areas should be based on scientific evaluations of

particular surface waters.

(2) In determining if basin-specific rules should be

adopted to establish protection areas, due consideration

shall be given to surface waters with the following special

designations:

(a) an Outstanding Florida Water,

(b) and Aguatic Preserve,

(c) an Area of Critical State Concern, or

(d) an area subject to Chapter 380 Resource Management

Plans adopted by rule by the Administration Commission, when


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the plans for an area include waters that are particularly

identified as needing additional protection, which provisions

are not inconsistent with applicable rules adopted for the

management of such areas by the Department and the Governor

and Cabinet.

Specific Authority: 373.026, 373.043, 373.418, 373.453,

403.061(33), F.S.

Law Implemented: 187.201(8), 373.016, 373.413, 373.418,

373.453, 403.061(35). F.S.. Ch. 93-213, s.26, 1993 Fla. Laws

1652. 1661 (amending Fla. Stat. s. 373.114(1) (1991), Ch.

93-213. s.36, 1993 Fla. Laws 1652, 1670 (adding subsection

(35) to Fla. Stat. s. 403.061 (1992 supP.L.

History: New.

17-40.510 Florida Water Plan.

(1) The Department shall formulate an integrated,

coordinated Florida Water Plan for the management of

Florida's water resources. The scope of the plan shall

include the State Water Use Plan and all other water-related

activities of the Department and the Districts. It shall

give due consideration to the factors in Section 373.036(2)_

F.S.

~2) The Florida Water Plan shall be developed in

coordination with District Water Management Plans and

include, at a minimum:

(a) Department overview, including a discussion of the

interrelationships of Department and District programs;

(b) Water management goals and responsibilities.


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including the following areas of responsibilities:

1. water supply protection and management,

2. flood protection and management.

3. water quality protection and management, and

4. natural systems protection and management:

(c) Statewide water management implementation

strategies for each area of responsibility;

(d) Intergovernmental coordination, including the

Department's processes for general supervision of the water

management districts;

(e) Procedures for plan development, including Public

participation;

(f) Methods for assessing program effectiveness and the
Department's progress toward implementation of the Plan;

(g) Linkages to Department rulemaking. budgeting

program development, and legislative proposals;

(h) Strategies to identify the amount and sources of

supplemental funding to implement the programs identified in

Chapter 373, District Water Management Plans, this Chapter.

and any delegated programs.

(i) Chapter 17-40. F.A.C.. State Water Policy:

(1) Appropriate sections of the District Water

Management Plans.

(3) The Florida Water Plan shall be developed

expeditiously and may be phased. It shall be completed by

November 1. 1995.

(4) At a minimum, the Florida Water Plan shall be


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updated every five years after the initial plan development.

Annual status reports on the Plan shall also be prepared by

the Department.

Specific Authority: 373.026, 373.043, F.S.

Law Implemented: 373.036, 373.039, F.S.

History: New .

17-40.520 District Water Management Plans.

(1) As required by Section 373.036(4). F.S., a long

range comprehensive 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. District

Water Management Plans are comprehensive guides to the

Districts in carrying out all their water resource management

responsibilities, including water supply, flood protection,

water quality management, and protection of natural systems.

The plans shall provide general directions and strategies for

District activities, programs, and rules. They will be

implemented by a schedule of specific actions of the

District, which may include program development, water

resource projects, land acquisition, funding, technical

assistance, facility operations, and rule development.

(2) The District Plan shall include an assessment of

water needs and sources for the next 20 years. The District

Plan shall identify specific geographical areas that have

water resource problems which have become critical or are

anticipated to become critical within the next 20 years to be

called water resource caution areas. Identification of


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water resource caution areas erit eae-water-supply-problem

areas needed for imposition of reuse requirements pursuant to

Rule 17-40.416 4915)-, F.A.C., may be accomplished before

publication of the complete District Plan.

j(3f2) Based on economic, environmental, and

technical feasibility analyses, a course of remedial or

preventive action shall be specified for each current and

anticipated future eritieea problem.

14j) 3 Remedial or preventive measures may include,

but are not limited to, water resource projects; water

resources restoration projects pursuant to Section 403.0615,

Florida Statutes; purchase of lands; conservation of water;

reuse of reclaimed water; enforcement of Department or

District rules; and actions taken by local government

pursuant to a lbocal government comprehensive OPlan, local

ordinance, or zoning regulation.

(4) renumbered as (5).

5)- By-Nevember-17-19997-eaeh-Bistriet-shall-prepare-a

detailed-plaen-ef-shudy-for-he-preparaetn-et-the-Bistriet

Plan-

(6) District plans shall address, at a minimum, the

following subjects:

(a) District overview;

(b) Water management goals;

(c) Water management responsibilities, including:

1. Water supply protection and management, to include

needs and sources, source protection, and a schedule for


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Distri(

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problem

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S Evaluation of options;

S Water management policies for identified issues and


recharge mapping and recharge area designation.

2. Flood protection and floodplain management. This

shall include the District's strategies and priorities for

managing facilities and floodplains, and a schedule for

District mapping of floodplains.

3. Water quality protection and management for both

surface water and ground water. This shall include the

District's strategies, priorities, and schedules to develop

pollutant load reduction goals; and

4. Natural syste:as protection and management. This

shall include a schedule for establishing minimum flows and

levels for a priority selection of surface waters and ground

waters in the District, considering ground water availability

and surface water availability, and a schedule for

establishing protection areas for surface waters in the

District, where appropriate.

(d) For each water management responsibility, the

following shall be included:

1. Resource assessments, including identification of

regionally significant water resource issues and problems,

and determinations of the need for ground water basin
...niivrnA al~r-l{itlv inventnrie in various portions of the


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problem, including tasks, schedules. responsible entities.

and measurable benchmarks.

(e) Integrated plan, describing how the water problems

of each county in the District are identified and addressed;

(f) Intergovernmental coordination, including measures

to implement the plan through coordination with the plans and

programs of local, regional, state and federal agencies and

governments; and

(g) Procedures for plan development, including

definitions and public participation.

(7)j6) District Plans shall be developed
expeditiously and may be phased. All District Plans shall be

accepted by the Governing Board eempleted no later than

November 1, 1994. A District Water Management Plan is

intended to be a planning document and is not self-executing.

8jf~)- At a minimum, District Plans shall be updated

and progress assessed every five years after the initial plan

development. Each District shall include in the Plan a

procedure for evaluation of the District's progress towards

implementing the Plan. Such procedure shall occur at least

annually and a copy of the evaluation shall be provided to

the Department each year by November 15 for review and

comment.

(9) Plan development shall include adequate opportunity

for participation by the public and governments. The

Districts shall initiate public workshops at least four

months before Plan acceptance by the Governing Board. At the


impiemenIIatu[i sLoLn-LeLes i~o LJL 'an'LL sue


36


L fetsyUL L~: c Cz 4.a I -LJL I 1 1. I v V-- a a w & L N-- ZPA. Av U A.a6%0 .4 .0t:w 4 .06%e aqw, -.


vn wn.kc + -- e mr- f-- nn -


a -'s


r- .


ct; _


ms:

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workshops, a preliminary list of schedules to be included in

the Plan shall be presented.

Specific Authority: 373.026, 373.043, 403.061(33), 403.805

F.S.

Law Implemented: 189.4156, 373.016, 373.026. 373.033,

373.036(4). 373.0391(2) (e), 373.042, 373.106, 373.103(7),

373.114, 373.171, 403.064, F.S.

History: New 5-5-81. Previously numbered as 17-40.09.

Amended 12-5-88. Previously numbered 17-40.090, Amended

8-14-90, 12-17-91. Formerly 17-40.501, Amended .

17-40.530 Department Review of District Water Management

Plans.

(1) After acceptance by the District Governing Board,

District Water Management Plans shall be submitted to the

Department.

(2) Within sixty days after receipt of a Plan for

review, the Department shall review each Plan for consistency

with this Chapter and recommend any changes to the Governing

Board.

(3) After consideration of the comments and

recommendations of the Department, the Governing Board shall,

within sixty days, either incorporate the recommended changes

into the Plan or state in the Plan. with specificity, the

reasons for not incorporating the changes.

(4) Plan amendments shall follow the same process as

for initial Plan acceptance.

Specific Authority: 373.026(10), 373.043, 403.061(33), F.S.


Law Implemented: 373.026(7). 373.036(4), 373.114, F.S.

History: New

17-40.540 Water Data.

(1) All local governments, water management districts,

and state agencies are directed by Section 373.026(2.) F.S..

to cooperate with the Department in making available to the

Department such scientific or factual data as they may

possess. The Department shall prescribe the format and

ensure the quality control for all water quality data

collected or submitted.

(2) The Department is the state's lead water quality

monitoring agency and central repository for surface water

and ground water information. The Department shall

coordinate Department, District, state agency, and local

government water quality monitoring activities to improve

data and reduce costs.

(3) The U.S. Environmental Protection Agency water

quality data base (STORET) shall be the central repository of

the state's water quality data. All appropriate water

quality data collected by the Department, Districts, local

governments, and state agencies shall be placed in the STORET

system within one year of collection.

(4) The Department's biennial State Water quality

assessment (the "305(b) Report") shall be the state's general

guide to water quality assessment and should be used as the

basis for assessments unless more recent, more accurate, or

more detailed information is available.


37


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(5) Appropriate monitoring of water quality and water

withdrawal shall be required of permittees.

(6) The Districts shall implement a strategy for

measuring, estimating, and reporting withdrawal and use of

water by permitted and exempted users. Thresholds for

measurement requirements and reporting applicable to

permittees shall be established and adopted by rule.

(7) The Department and the Districts shall coordinate

in the development and implementation of a standardized

computerized statewide data base and methodology to track

activities authorized by environmental resource permits in

wetlands and waters of the state. The data base will be

designed to provide for the rapid exchange of information

between the Department and the Districts. The Department

will serve as the central repository for environmental

resource permit data and shall specify the data base

organization and electronic format in which the data are to

be provided by the Districts.

Specific Authority: 373.026, 373.043, 403.061(33), F.S.

Law Implemented: 373.026(2). F.S.

History: New.

17-40.610 Review and Application.

(1) No change.

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

Chapter, the Districts shall have revised their rules and

reviewed their programs to be consistent with the provisions

contained herein.


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(3) (5) No change.

(6) A District shall initiate rulemaking or program

review to consider implementation of programs pursuant to

Sections 373.033, 373.042, 373.106, Part III, or Part IV of

Chapter 373, Florida Statutes, where the Department or

District determines that present or projected conditions of

water shortages, saltwater intrusion, flooding, drainage, or

other water 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 police

directives.

(7) No change.

f8) Bup3ieatien-of-water-quali~y-end-quamtty

permitting-funet!cons-sheuld-be-elminated-where-apprepriate

threugh-delegatien-ef-Bepartment-respesnsibilitecs-te

Btstriets-

9)- The-Bepartment-and-Bistriets-should-assist

edeeataonae-institu-ens--n-the-development-of-edueatiena

earrie~a-aned-researeh-programs-whieh-meet-Felordes-present

and-future-waer-manmagement-needs-

Specific Authority: 373.026, 373.043, 403.061(33), F.S.

Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114

F.S.

History: New 5-5-81. Previously numbered as 17-40.10.

Amended 12-5-88. Previously numbered 17-40.100. Amended

12-17-91. Formerly 17-40.601, Amended .


40










CURRENT RULE

Chapter 17-40, F.A.C.
"Water Policy"


__



















Please notice that several "new" sections appear in
the amendments to Chapter 17-40, F.A.C. These sections are
actually existing wording slightly modified and renumbered
for better organization. The transferred wording in the
proposed amendments is designated with underline as if it is
entirely new. The following sections of Chapter 17-40, F.A.C.
were transferred:


Old


New


17-40.401

17-40.402

17-40.403

17-40.405

17-40.420

17-40.501

17-40.601


17-40.410

17-40.422

17-40.430

17-40.473

17-40.432

17-40.520

17-40.610


~krr~L~Cc














PART VI
WATER PROGRAM ADMINISTRATION AND EVALUATION

17-40.601 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 Districts shall have revised their rules to be
consistent 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 sh&ll
initiate rulemaking pursuant to Chapter 120, Florida Statutes, to
consider changes the Department determines to be necessary to
assure consistency with this Chapter. The Department 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
implementation of programs pursuant to Sections 373.033, 373.042,
373.106, Part III, or Part IV of Chapter 373, Florida Statutes,
where the Department or District determines that present or
projected conditions of water shortages, saltwater intrusion,
flooding, drainage, or other water 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 policy 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
District water management plans.
(8) Duplicationl of water quality and quantity permitting
functions should be eliminated where appropriate through
( delegation of Department responsibilities to Districts.
(9) The Department and Districts should assist educational
institutions 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, F.S.
Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114,
F.S.
History: New 5-5-81. Previously numbered as 17-40.10. Amended
12-5-88. Previously numbered 17-40.100. Amended 12-17-91.


17-40.601 17-40.601(History)


12-17-91


DER 1991


WATER POLICY


17-40












VEX 199' 17-rrrw rvAn- L I -Is v


3. The minimum treatment levels specified in subparagraphs
1. and 2. above may be replaced by basin specific design and
performance criteria adopted by a District in order to achieve
the pollutant load reduction goals established in paragraph (c).
(b) Erosion and sediment control plans detailing appropriate
methods to retain sediment on-site shall be required for land
disturbing activities.
(c) The pollutant loading from older stormwater management
systems shall be reduced as necessary to restore or maintain the
beneficial uses of waters. The Districts shall establish
pollutant load reduction goals and adopt them as part of a SWIM
plan, other watershed management plan, or District-wide or basin
specific rules.
(d) Watershed management goals shall be developed by the
District for all watersheds within the boundaries of each
District and shall be consistent with the SWIM Program and the
EPA National Pollutant Discharge Elimination System (NPDES)
program. The primary purpose shall be to reduce pollutant
discharges from watersheds such that the water quality in
receiving waters is restored or maintained consistent with
applicable state water quality standards.
(e) Watershed specific stormwater pollutant load reduction
goals shall be developed for older stormwater management systems
on a priority basis as follows:
1. Goals shall be developed according to the schedule
established by EPA for those waters receiving stormwater
discharges from systems required to obtain NPDES storiwater
permits.
2. Goals shall be developed by 1994 for SWIM wator bodies
that have an adopted SWIM plan and that do not receive stormwater
discharges from systems required to obtain NPDES stormwater
discharge permits.
3. Goals shall be developed for other watersheds by 1996.
These goals shall be considered in local comprehensive plans
submitted or updated in accordance with Section 403.0891(3)(a),
F.S.
SIpecifio Authority! 373.026, 373.043, 403.061, 403.087, F.S.
Law Implemented: 163.3161-163.3243, 186, 187, 373.016, 373.046,
373.114, Part IV, 373, 403.061, 403.0891, F.S.
History: New 2-20-91.


PART V
WATER PROGRAM DEVELOPMENT

17-40.501 District Water Management Plans.
(1) As required by Section 373.036(4), F.S., 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 District Plan shall include an
assessment of water needs and sources for the next 20 years. The
District Plan shall identify specific geographical areas that
have water resource problems which have become critical or are
anticipated to become critical within the next 20 years.
Identification of critical water supply problem areas needed for
imposition of reuse requirements pursuant to Rule 17-40.401(5),
F,A.C., may be accomplished before publication of the complete
District Plan.
(2) Based on economic, environmental, and technical
feasibility analyses, a course of remedial or preventive action
shall be specified for each current and anticipated future
critical problem.
(3) Remedial or preventive measures may include, but are not
limited to, water resource projects; water resources restoration
projects pursuant to Section 403.0615, Florida Statutes; purchase
of lands; conservation of water; reuse of reclaimed water;
enforcement of Department or District 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 regulatory programs
are necessary to prevent water resource problems from becoming
critical.
(5) By November 1, 1989, each District shall prepare a
detailed plan of study for the preparation of the District Plan.
(6) District Plans shall be developed expeditiously and may
be phased. All District Plans shall be completed no later than
November 1, 1994.
(7) At a minimum, District Plans shall be updated every five
years after the initial plan development.
Specific Authority: 373.043, F.S.
Law Implemented: 189.4156, 373.036(4),373.0391(2)(e),403.064,
F.S.
History: New 5-5-81. Previously numbered as 17-40.09. Amended
12-5-88. Previously numbered 17-40.090, Amended 8-14-90,
12-17-91.


17-40.420(4)(a)3. 17-40.420(History)


17-40.501 17-40.501(History)


-17-


-18-


12-17-91


12-17-91


UZK lvzl w AT b r v liJLA; 17-4


TNOD loci


wAMD Dn T.-TrYv


17-4nD rot InaA


I


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nCur iv 5i NA -47LEX rLJ 1i7-4v


(2) Stormwater Management Program Implementation.
As required by Section 403.0891, F.S., the Department, Districts
and local governments shall cooperatively implement on a
watershed basis a comprehensive stormwater management program
designed to minimize the adverse effects of stormwater on land
and water resources. All such programs shall be mutually
compatible with the State Comprehensive Plan (Chapter 187,
Florida Statutes), the Local Government Comprehensive Planning
and Land Development Regulation Act (Chapter 163, Florida
Statutes), the Surface Water Improvement and Management Act
(Sections 373.451-.4595, F.S.), Chapters 373 and 403, F.S., and
this chapter. Programs shall be implemented in a manner that
will improve and restore the quality of waters that do not meet
( :ate water quality standards and maintain the water quality of
chose waters which meet or exceed state water quality standards.
(a) The Department shall be the lead agency responsible for
coordinating the statewide stormwater management program by
establishing goals, objectives and guidance for the development
and implementation of stormwater management programs by the
Districts and local.governments.
(b) The Districts shall be the chief administrators of the
state stormwater management program. Districts shall set
regional stormwater management goals and policies on a watershed
basis, including watershed stormwater pollutant load reductions
necessary to preserve or restore beneficial uses of receiving
waters. Such goals and policies shall be implemented through
District SWIM plans, through preparation of watershed management
plans in other designated priority watersheds and through
appropriate regulations.
(c) Local governments shall establish stormwater management
programs which are in accordance with the state and District
stormwater quality and quantity goals. Local governments may
establish a stormwater utility or other dedicated source of
funding to implement a local stormwater management program which
shall include the development and implementation of a stormwater
master plan and provisions, such as an operating permit system,
3 ensure that stormwater systems are properly operated and
-.aintained.
(3) Surface Water Management.
The following shall apply to the regulation of surface water
pursuant to Part IV, Chapter 373, Florida Statutes.
(a) The construction and operation of facilities which
manage or store surface waters, or other facilities which drain,
divert, impound, discharge into, or otherwise impact waters 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.


17-40.420(2) 17-40.420(3)(a)




-15-
12-17-91


(b) In determining the harm to water resources and
consistency with the objectives of the Department or District,
consideration should be given to:
1. The impact of the facilities on:
a. water quality;
b. fish and wildlife;
c. wetlands, floodplains, and other environmentally
sensitive lands;
d. reasonable-beneficial uses of water;
e. recreation;
f. navigation;
g. saltwater or pollution intrusion, including any barrier
line established pursuant to Section 373.033, F.S.;
h. minimum flows and levels established pursuant to Section
373.042, F.S.; and
i. other factors relating to the public health, safety, and
welfare;
2. Whether the facilities meet applicable design or
performance standards;
3. Whether adequate provisions exist for the continued
satisfactory operation and maintenance of the facilities; and
4. The ability of the facilities and related improvements to
avoid increased damage to off-site property, water resources,
natural systems oi the public caused by:
a. floodplain development, encroachment or other alteration;
b. rctardance, acceleration or diversion of flowing water;
c. reduction of natural water storage areas;
d. facility failure; or
e. other actions adversely affecting off-site water flows or
levels.
(4) Minimum Stormwater Treatment Performance Standards.
(a) When a stormwater management system complies with rules
establishing the design and performance criteria for stornwater
management systems, there shall be a rebuttable presumption that
such systems will comply with state water quality standards. The
Department and the Districts, pursuant to Section 373.436, F.S.,
shall adopt rules that specify design and performance criteria
for new stormwater management systems which:
1. Shall be designed to achieve at least 80 percent
reduction of the average annual load of pollutants that would
cause or contribute to violations of state water quality
standards.
2. Shall be designed to achieve at least 95 percent
reduction of the average annual load of pollutants that would
cause or contribute to violations of state water quality
standards in Outstanding Florida Waters.



17-40.420(3)(b) 17-40.420(4)(a)2.


12-17-91


-16-


DE.R 1991 WATER POLICY


nion locir


17-40


,1 fA














17-40.404 Surface Water Management.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 363.016, Part IV, 373, F.S.
History: New 5-5-81. Previously numbered as 17-40.07. Amended
12-5-88. Previously numbered 17-40.070, Repealed 2-20-91.

17-40.405 Minimum Flows and Levels.
(1) In establishing minimum flows and levels pursuant to
Section 373.042, consideration shall be given to the protection
of water resources, natural seasonal fluctuations in water flows
or levels, and environmental values associated with coastal,
estuarine, aquatic, and wetlands ecology, including:
(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
consideration 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; and
(c) The declaration of a water shortage pursuant to Section
373.175 or Section 373.246, Florida Statutes.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, 373.042, 373.086, 373.175, 373.246,
F.S.
History: flew 5-5-81. Previously numbered as 17-40.08. Amended
12-5-88. Previously numbered 17-40.080.

17-40.420 Surface Water Protection and Management.
(1) Surface Water Protection and Management Goals.
The following goals are established to provide guidance for
Department, District and local government stormwater management
programs:




17-40.404 17-40.420(1)


MUM' --- AZ Z ntlrj rw",La L -3


-13-


-14-


12-17-91


DER 1991


WATER POLICY


nrp 1 a1a


(a) It shall be a goal of surface water management programs
to protect, preserve and restore the quality, quantity and
environmental values of water resources. A goal of surface water
management programs includes effective stormwater management for
existing and new systems which shall seek to protect, maintain
and restore the functions of natural systems and the beneficial
uses of waters.
(b) The primary goals of the state's stormwater management
program are to maintain, to the maximum extent practicable,
during and after construction and development, the
pre-development stormwater characteristics of a site; to reduce
stream channel erosion, pollution, siltation, sedimentation and
flooding; to reduce stormwater pollutant loadings discharged to
waters to preserve or restore beneficial uses; to reduce the loss
of fresh water resources by encouraging the reuse of stormwater;
to enhance ground water recharge by promoting
infiltration of stormwater in areas with appropriate soils and
geology; to maintain the appropriate salinity regimes in
estuaries needed to support the natural flora and fauna; and to
address stormwater management on a watershed basis to provide
cost effective water quality and water quantity solutions to
specific watershed problems.
(c) Inadequate management of stormwater throughout a
watershed increases stormwater flows and velocities, contributes
to erosion and sedimentation, overtaxes the carrying capacity of
streams and other conveyances, disrupts the functions of natural
systems, undermines floodplain management and flood control
efforts in downstream communities, reduces ground water recharge,
threatens public health and safety, and is the primary source of
pollutant loading entering Florida's rivers, lakes and estuaries,
thus causing degradation of water quality and a loss of
beneficial uses. Accordingly, it is a goal to eliminate the
discharge of inadequately managed stormwater into waters and to
minimize other adverse impacts on natural systems, property and
public health, safety and welfare caused by improperly managed
stormwater.
(d) It shall be a goal of stormwater management programs to
reduce unacceptable pollutant loadings from older stormwater
management systems, constructed before the adoption of Chapter
17-25, F.A.C., (February 1, 1982), by developing watershed
management and stormwater master plans or District-wide or basin
specific rules.
(e) The concept of developing comprehensive watershed
management plans in designated watersheds is intended not only to
prevent existing environmental, water quantity, and water quality
problems from becoming worse but also to reduce existing flooding
problems, to improve existing water quality, and to preserve or
restore the values of natural systems.

17-40.420(1) (a) 17-40.420(1) (e)


WATV R P.T.TrvY


17-A 0


17-40n


12-17-91











WATER POLICY 17-40


(5) As required by Section 373.0391(2)(e), F.S., the
Districts shall designate areas that have water supply problems
which have become critical or are anticipated to become critical
within the next 20 years. The Districts shall identify such
critical water supply problem areas during preparation of a
District Plan pursuant to Rule 17-40.501, F.A.C., and shall adopt
these designations by rule by November 1, 1991. A reasonable
amount of reuse of reclaimed water from domestic wastewater
treatment facilities shall be required within designated critical
water supply problem areas unless such reuse is not economically,
environmentally, or technically feasible. The Districts shall
periodically update their designations of critical water supply
problem areas by rule. Such updates shall occur within one year
after updates of the District Plan prepared pursuant to Rule
S7-40.501, F.A.C. After completion of the District Plan or
updates pursuant to Rule 17-40.501, F.A.C., the Districts may
limit areas where reuse shall be required to areas where reuse is
specified as a remedial or preventive action pursuant to Rule
17-40.501(2), F.A.C. Any such limitation of areas where reuse
shall be required shall be designated by rule.
(6) A reasonable amount of reuse of reclaimed water from
domestic wastewater treatment facilities may be required outside
of areas designated pursuant to Rule 17-40.401(5), F.A.C., as
subject to critical water supply problems, provided:
(a) Reclaimed water is readily available; and
(b) The district has adopted rules for reuse in these areas.
(7) The Department encourages local governments to implement
programs for reuse of reclaimed water. These rules shall not be
deemed to preempt any such local reuse programs.
(8) In implementing consumptive use permitting programs, the
Department and the Districts are required under Section
187.101(3), F.S., to 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.
1 (9) Permits authorizing consumptive uses of water which
Sause 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.
Specific Authority: 373.026, 373.043, F.S.
Law Implemented: 187.101(3), 373.016, 373.0391(2)(e), Part II,
373, 403.064, F.S.
History New 5-5-81. Amended 2-4-82, 12-5-88. Previously
numbered as 17-40.04. Previously numbered as 17-40.040, Amended
8-14-90, 12-17-91.

17-40.401(5) 17-40.401(History)



-11-
12-17-91


17-40.402 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 Districts
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 purpose;
(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 appropriate, plans
for eventual interconnection of water supply sources; and
(f) The transport is otherwise consistent with the public
interest based upon evidence presented.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: New 5-5-81. Previously numbered as 17-40.05. Amended
12-5-88. Previously numbered 17-40.050.

17-40.403 Water Quality.
(1) Water quality standards shall be enforced pursuant to
Chapter 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: 373.039, 403.021, F.S.
History: New 5-5-81. Previously numbered as 17-40.06. Amended
12-5-88. Previously numbered 17-40.060.








17-40.402 17-40.403(History)


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12-17-91


D U-19- 91 WvATER POLICY_


17-40 DER 199.1












VDA &77i"%A T.T-1991 WATRPOLICY...- -1. .


(7) Protect the 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.
(8) Protect aquifers from depletion through water
conservation and preservation of the functions of high recharge
areas.
(9) Identify existing and future public water supply areas
and protect them from contamination.
(10) Mitigate adverse impacts resulting from prior
alteration of natural hydrologic patterns and fluctuations in
( surface and ground water levels.
(11) Establish minimum flows and levels to protect water
resources and the environmental values associated with marine,
estuarine, freshwater, and wetlands ecology.
(12) Encourage nonstructural solutions to water resource
problems and give adequate consideration to nonstructural
alternatives whenever structural works are proposed.
(13) Encourage the management of floodplains and other flood
hazard areas to prevent or reduce flood damage, consistent with
establishment and maintenance of desirable hydrologic
characteristics of such areas.
(14) Manage the construction and operation of facilities
which dam, divert, or otherwise alter the flow of surface waters
to prevent increased flooding, soil erosion or excessive
drainage.
(15) Encourage the development of local and regional water
supplies within districts rather than transport water across
District boundaries.
(16) Restore and protect the quality of ground and surface
water by ensuring high quality treatment for stormwater and
wastewater.
(17) Develop interstate agreements and undertake cooperative
programs with Alabama and Georgia to provide for coordinated
management of surface and ground waters.
Specific Authority: 373.026(10), 403.0891, 373.043, 403.061(33),
F.S.
Law Implemented: 373.016, 373.026(7), 373.114, 403.061(33),
403.0891, F.S.
History: New 7-1-81. Previously numbered as 17-40.03. Amended
12-5-88. Previously numbered as 17-4.030, Amended 8-14-90,
12-17-91.

PART IV
RESOURCE PROTECTION AND MANAGEMENT

17-40.401 Water Use and Reuse.
The following shall apply to those areas where the use of
water is regulated pursuant to Part II of Chapter 373, Florida
Statutes:

17-40.310(7) 17-40.401

-9-
12-17-91


(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
interest.
(2) In determining whether a water use is a
reasonable-beneficial use, the following factors will be
considered:
(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;
(1) Water conservation measures taken or available to be
taken;
(j) The availability of reclaimed water for and the
practicality of reuse, or the use of waters of more suitable
quality;
(k) The present and projected de.,and 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;
(o) Whether the proposed use would significantly induce
saltwater intrusion;
(p) The amount of water which can be withdrawn without
causing harm to the resource;
(q) Whether the proposed use would adversely affect public
health; and
(3) Water shall be reserved from permit use in such
locations and quantities, and for such seasons of the year, as is
required for the protection of fish and wildlife or the public
health or safety.
(4) Conservation of water shall be required unless not
economically or environmentally feasible.





17-40.401(1) 17-40.401(4)


12-17-91


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WATER POLICY


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WATER POLICY


nr. 1991


17--n














(b) Overland flow land application systems, rapid-rate land
application systems providing continuous loading to a single
percolation cell, other land application systems involving less
than secondary treatment prior to application, septic tanks, and
groundwater disposal systems using Class I wells injecting
effluent or wastes into Class G-IV waters shall be excluded from
the definition of reuse.
(16) "Secretary" means the Secretary of the Department of
Environmental Regulation.
(17) "State water quality standards" means water quality
standards adopted by the Environmental Regulations Commission
pursuant to Chapter 403, Florida Statues, including standards
comprised of designated most beneficial uses (classification of
waters), the numerical and narrative criteria applied to the
specific water use or classification, the Florida
anti-degradation policy, and the moderating provisions contained
in Rules 17-3 and 17-4, F.A.C.
(18) "State Water Use Plan" means the plan formulated
pursuant to Section 373.036, Florida Statutes, for the use and
development of waters of the State.
(19) "Stormwater" means the water which results from a
rainfall event.
(20) "Stormwater management program" means the institutional
strategy for stormwater management, including urban,
agricultural, and other stormwater.
(21) "Stormwater management system" means a system which is
designed and constructed or implemented to control stormwater,
incorporating methods to collect, convey, store, absorb, inhibit,
treat, use, or reuse stornwater to prevent or reduce flooding,
over-drainage, environmental degradation and water pollution or
otherwise affect the quantity and quality of discharges from the
system.
(22) "Stormwater utility" means the entity through which
funding for a stormwater management program is obtained by
assessing the cost of the program to the beneficiaries based on
their relative contribution to its need. It is operated as a
typical utility which bills services regularly,, similar to water
Sand wastewater services.
4(23) "Surface water" means water upon the surface of the
earth, whether contained in bounds created naturally or
artificially or diffused. Water from natural springs shalU be
classified as surface water when it exits from the spring onto
the earth's surface.
(24) "Water" or "waters in the state" means any and all
:water on or beneath the surface of the ground or in the
atmosphere, including natural or artificial watercourses, lakes,
;ponds, or diffused surface water and water percolating, standing,
or flowing beneath the surface of the ground, as well as all
coastal waters within the jurisdiction of the state.

17-40.210(15) (b) 17-40.210(24-)



2 -7-
12-17-91


17-40


-8-


12-17-91


12ER 19-9 1 WATER POLICY


(25) "Watershed" means the land area which contributes to
the flow of water into a receiving body of water.
(26) "Wetlands" means those areas that are inundated or
saturated by surface or ground water with a frequency sufficient
to support, and under normal circumstances do or would support, a
prevalence of vegetative or aquatic life that requires saturated
or seasonably saturated soil conditions for growth and
reproduction, such as swamps, marshes, bayheads, cypress ponds,
sloughs, wet prairies, wet meadows, river overflows, mud flats
and natural ponds. This definition does not alter the
Department's jurisdiction over dredging and filling activities in
wetlands as defined in Section 403.911(7), F.S.
Specific Authority: 373.026(10), 373.043, 403.061(33), F.S.
Law Implemented: 373.016, 373.026(7), 373.114, 403.061(33),
403.0891, F.S.
History: New 5-5-81. Previously numbered as 17-40.02. Amended
12-5-88. Previously numbered 17-40.020, Amended 8-14-90,
12-17-91.
PART III
GENERAL PROVISIONS

17-40.310 General Policies
The following statement of general water policy shall
provide a basis for Department review of water management
programs, rules, and plans. 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) Assure availability of an adequate and affordable supply
of water for all reascnable-beneficial 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) Champion and develop sound water conservation practices
and public information programs.
(4) Advocate and direct the reuse of reclaimed water as an
integral part of water management programs, rules, and plans
consistent with protection of the public health and surface and
ground water quality.
(5) Encourage the use of water of the lowest acceptable
quality for the purpose intended.
(6) Utilize, preserve, restore, and enhance natural water
management systems and discourage the channelization or other
alteration of natural rivers, streams and lakes.


17-40.210(25) 17-40.310(6)


iDR 1991


MATER POLICY


17-40














WATER POLICY 17-40


17-40.120 Department Rules.
State water policy shall also include the following
Department rules:
(1) Water Quality Standards, Chapter 17-3, F.A.C.
(2) Surface Water Quality Standards, Chapter 17-302, F.A.C.
(3) Surface Water Improvement and Management, Chapter 17-43,
F.A.C.
Specific Authority: 373.026(7), 373.026(10), 373.043,
403.061(33), 403.805, F.S.
Law Implemented: 373.016, 373.114, 403.061(33), 403.0891, F.S.
History: New 8-14-90.


PART II
DEFINITIONS


17-40.210 Definitions.
When used in this chapter and in the review of rules of the
Districts pursuant to Section 373.114(2), F.S., unless the
context or content of such District rule requires a narrower,
more specific meaning, the following words shall mean:
(1) "Aquifer" shall mean a geologic formation, group of
formations, or part of a formation that contains sufficient
saturated permeable material to yield useful quantities of ground
water to wells, springs or surface water.
(2) "Consumptive use" means any use of water which reduces
the supply from which it is withdrawn or diverted.
(3) "Department" means the Department of Environmentdl
Regulation.
(4) "Detention" means the delay of stormwater runoff prior
to its discharge.
(5) "District" means a Water Management District created
pursuant to Chapter 373, Florida Statutes.
(6) "Drainage basin" means a subdivision of a watershed.
(7) "Effluent", unless specifically stated otherwise, means
water that is not reused after flowing out of any wastewater
( reament facility or other works used for the purpose of
treating, stabilizing, or holding wastes.










17-40.120(1) 17-40.210(7)


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L~ks 477 VI -S 4 &a % a 4- -. -


17-40.210(8) 17-40.210(15)(a)8.


12-17-91


-6-


(


I


WATER POLICY


17-40 DER 1991


nrP igQ1


(8) "Florida Water Plan" means the State Water Use Plan
formulated pursuant to Section 373.036, Florida Statutes,
together with the water quality standards and water
classifications adopted by the Department in Chapters 17-3 and
17-302, F.A.C.
(9) "Governing Board" means the governing board of a water
management district.
(10) "Ground water" means water beneath the surface of the
ground, whether or not flowing through known and definite
channels.
(11) "Nutrient limitations" means those numeric values which
establish a maximum or minimum allowable nutrient loading or
concentration, as appropriate, for a specific nutrient. Nutrient
limitations are established through an individual permit or other
action within the regulatory authority of the Department or a
District. These limitations serve to implement state water
quality standards.
(12) "Reasonable-beneficial use" means the use of water in
such quantity as is necessary for economic and efficient
utilization for a purpose and in a manner which is both
reasonable and consistent with the public interest.
(13) "Reclaimed water" means water that has received at
lease secondary treatment and is reused after flowing out of a
wastewater treatment facility.
(14) "RPtentior" means the prevention of stormwater runoff
from direct discharge.
(15) "Reuse" means the deliberate application of reclaimed
water, in compliance with Department and District rules, for a
beneficial purpose.
(a) For example, said uses may encompass:
1. Landscape irrigation (such as irrigation of golf courses,
cemeteries, highway medians, parks, playgrounds, school yards,
retail nurseries, and residential properties);
2. Agricultural irrigation (such as irrigation of food,
fiber, fodder and seed crops, wholesale nurseries, sod farms, and
pastures);
3. Aesthetic uses (such as decorative ponds and fountains);
4. Groundwater recharge (such as slow rate, rapid-rate, and
absorption field land application systems) but not including
disposal methods described in Rule 17-40.210(15)(b), F.A.C.;
5. Industrial uses (such as cooling water, process water,
and wash waters);
6. Environmental enhancement of surface waters resulting
from discharge of reclaimed water having received at least
advanced wastewater treatment or from discharge of reclaimed
water for wetlands restoration;
7. Fire protection; or
8. Other useful purpose.


12-17-91












flFIO 47701 4 "naIu Pnr.Y 4 Oi-s


17-40.001 Declaration and Intent.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-40.01. Amended
12-5-88. Transferred to 17-40.110.


17-40.020 Definitions.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-40.02.
12-5-88. Transferred to 17-40.210.


Amended


17-40.030 General Water Policy.
Specific Authority: 373.026, 373.043, 403.805, F.S.
S'Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-40.03. Amended
12-5-88. Transferred to 17-30.310.

17-40.040 Water Use.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: New 5-5-81. Amended 2-4-82, 12-5-88. Previously
numbered as 17-40.04. Transferred to 17-40.401.

17-40.050 Water Transport.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: tew 5-5-81. Previously numbered as 17-40.05. Amended
12-5-88. Transferred to 17-40.402.

17-40.060 Water Quality.
Specific Authority: 403.061, 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.039, 403.021, F.S.
History: New 5-5-81. Previously numbered as 17-40.06. Amended
12-5-88, Transferred to 17-40.403.


17-40.070 Surface Water Management.
SSpecific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 363.016, Part IV, 373, F.S.
History: New 5-5-81. Previously numbered as 17-40.07.
12-5-88. Transferred to 17-40.404.


17-40.090 District Water Management Plans.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114,
F.S.
History: New 5-5-81. Previously numbered as 17-40.09. Amended
12-5-88. Transferred to 17-40.501.

17-40.100 Review and Application.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114,
F.S.
History: New 5-5-81. Previously numbered as 17-40.10. Amended
12-5-88. Transferred to 17-40.601.

PART I
GENERAL WATER POLICY

17-40.110 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, and the Air and Water Pollution Control
Act, Chapter 403, Florida Statutes. Additionally, numerous goals
and policies within the State Comprehensive Plan, Chapter 187,
Florida Statutes, address water resources and natural systems
protection.
(2) This Chapter is intended to clarify water policy as
expressed in Chapters 187, 373, and 403, Florida Statutes, and to
otherwise provide guidance to the Department and Districts in the
development of programs, rules, and plans. Local governments
shall consider state water policy in the development of their
comprehensive plans required by Chapter 163, Florida Statutes,
as required by Section 403.0891(3) (a), F.S.
(3) Thio 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 Chapter which
provide for the review and modification of Department and
District rules to assure consistency with the provisions of this
Chapter.
(4) It is the intent of the Department, in cooperation with
the Water Management Districts, to seek adequate sources of
funding to supplement District ad valorem taxes to implement the
provisions of this Chapter.
Specific Autborityt 373.026(10), 373.043, 403.061(33), F.S.
Law Implemented: 373.016, 373.114, 403.061(33), 403.0891, F.S.
History: New 5-5-81. Previously numbered as 17-40.01. Amended
12-5-88. Previously numbered 17-40.001, Amended
8-14-90, 12-17-91.

17-40 090--- 17 40.110 (Hi story)


Amended


17-40.0 -0 Minimum Flows and Levels.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, 373.042, 373.086, 373.175, 373.246,
E.S.
History: New 5-5-81. Previously numbered as 17-40.08. Amended
12-5-88. Transferred to 17-40.405.

17-40.001(History) 17-40.080(History)


-3-


-4-


12-17-91-


ULK Ivyl WATLK rubit.; 11-4


rDrt 1 001


wlki'V> ~T.^rTP^V


nDR 1Q1


WIAITp P pnT,TY


17--n


'7- A_ n


I


12-17-91,


















PART V
WATER PROGRAM DEVELOPMENT

17-40.501 District Water Management Plans.

'PART VI
WATER PROGRAM ADMINISTRATION AND EVALUATION

17-40.601 Review and Application.


UWIWl BlrT TSV


CHAPTER 17-40
WATER POLICY


17-40.001 Declaration and Intent, Transferred to 17-40.110.
17-40.020 Definitions, Transferred to 17-40.210.
17-40.030 General Water Policy, Transferred to 17-40.310.
17-40.040 Water Use, Transferred to 17-40.401.
17-40.050 Water Transport, Transferred to 17-40.402.
17-40.060 Water Quality, Transferred to 17-40.403.
17-40.070 Surface Water Management, Transferred to 17-40.404.
17-40.080 Minimum Flows and Levels, Transferred to 17-40.405.
17-40.090 District Water Management Plans, Transferred to
17-40.501.
17-40.100 Review and Application, Transferred to 17-40.601.

PART I
GENERAL WATER POLICY
17-40.110 Declaration and Intent.
17-40.120 Department Rules.

PART II
DEFINITIONS


17-40.210 Definitions.


PART III
GENERAL PROVISIONS


17-40.310 General Policies.



PART IV
RESOURCE PROTECTION AND MANAGEMENT


17-40.401
17-40.402
17-40.403
17-40.404
17-40.405
17-40.420


12-17-91


Water Use and Reuse.
Water Transport.
Water Quality.
Surface Water Management.
Minimum Flows and Levels.
Surface Water Protection and











-1-


Management.


12-17-91


-2-


&


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Mrin 47ZJL WATEM rvuu&%s Ii-IV


DER 1991


WATER POLICY- 17-40


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