Title: Memorandum to Florida Land Council from Chuck Littlejohn re: State Water Policy Rule, workshops scheduled, agenda, and a draft copy of the Chapter 17-
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Title: Memorandum to Florida Land Council from Chuck Littlejohn re: State Water Policy Rule, workshops scheduled, agenda, and a draft copy of the Chapter 17-
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Full Text

U T Flori da Land Council
(904) 222-7535

TO: Florida Land Council

S: ; FROM: Chuck Littlejoh%

S SUBJECT: State Water Policy Rule

DATE: August 16, 1993

The attached proposed changes to state water policy are very
significant. Please participate in workshops if possible. I'm
organizing other groups to do so also.

Please call if you have questions. Note numerous references to
ecosystem protection, a statement that there is no property right
in water, the statement that water needs of natural systems must
come first, etc. I started to mark up the attached copy but
realized I would have to mark up almost the entire draft.



xlorida Department of

-tir C~lr

Environmental Protection

Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000

Interested Parties

Virginia B. Wetherell secretary y

July 30, 1993

Virginia B. etherell


Public Workshops on Revisions to State Water Policy

In 1992, six public workshops were held to identify water resource
issues that should be addressed by State Water Policy (Chapter
17-40, F.A.C.). Suggestions received through these efforts have
been considered and, where appropriate, incorporated into draft
revisions in order to complete the rule revision process within
this calendar year. Five additional public workshops have been
scheduled to give us the benefit of your views on specific
amendments to Chapter 17-40.

Since the last rule revision in 1991, the Department and the Water
Management Districts have undertaken major cooperative initiatives
to develop comprehensive District Water Management Plans and the
Florida Water Plan. In addition, the Department of Environmental
Regulation has merged with the Department of Natural Resources to
create a combined agency named the Department of Environmental
Protection. Chapter 17-40 revisions are intended to reflect these
recent program changes and initiatives, as well as the views
received in public workshops and from other sources.

The Department appreciates your interest in the rule making

The workshops are scheduled as follows:

Tuesday, August 24 -

Thursday, August 26 -

DER Northeast District Office
Conference Room A & B
7825 Baymeadows Way
Suite B200

Pompano Beach
Fern Forest Nature Center
201 Lyons Road South

Printed on recycled paper.




_ I I _~_

Lawton Ch ~ilt-

Friday, August 27 -

Tuesday, August 31 -

Wednesday, Sept. 1 -

City Council Chambers
400 South Orange Avenue

Department of Environmental Protection,
Marjory Stoneman Douglas Building
Conference Room A
3900 Commonwealth Boulevard

Largo City Council Chambers
City Hall
225 First Ave. S.W.

All workshops are scheduled to begin at 10:00 am.

A copy of the draft rule is enclosed for your review. For further
information, please contact Tom Swihart, Lou Burney or Bart Bibler
at (904) 488-0784.



6oj60 S1o3,



CHAPTER 17-40, F.A.C.


1) Call to Order
2) Explanation of Subject Matter by Department Staff
3) Presentation by Affected Parties or Members of the Public
4) Discussion, if Appropriate
5) Adjournment

Workshops are scheduled to begin at 10:00 A.M.

Note: If an accommodation is needed for a disability in order to
participate in this activity, please notify Linda Harvey at (904)
488-0450/800-955-8771 (TDD), at least seven days prior to the

_ _~~__~ __ ___ ~_

August 5, 1993 Draft: Deletion Additions Transfers



17-40.110 Declaration and Intent.
17-40.120 Department Rules.
17-40.210 Definitions.
17-40.310 General Policies.
17-40.441A10 Water Use and Reuse Supply Protection and Management.
17-40.412 Water Conservation
17-40.416 Water Reuse
17-40.408422 WaterTra-nport Interdistrict Transfer
17-40.424 Wellhead Protection
17-40.4084&Q Water Quality Protection and Management.
17-40.40442 Surface Water Management.
17-40.450 Flood Protection
17-40.458 Floodplain Protection
17-40.470 Natural Systems Protection and Management
17-40.40M647 Minimum Flows and Levels.
17-40.475 Protection Areas for Surface Waters

17-40.510 Florida Water Plan
17-40.603520Q District Water Management Plans.
17-40.530 Department Review of District Water Management Plans
17-40.540 Water Data

17-40.60&610 Review and Application.

August 5, 1993 Draft: Deletions Additions Transfers



4 17-40.110 Declaration and Intent.
(1) The waters of the state are among its basic re-
6 sources. Such waters should be managed to con-
serve and protect natural resources and scenic
8 beauty and to realize the full beneficial use of the
resource. Recognizing the importance of water to
10 the state, the Legislature passed the Water Re-
sources Act, Chapter 373, Florida Statutes, and
12 the Air and Water Pollution Control Act, Chapter
403, Florida Statutes. Additionally, numerous
14 goals and policies within the State Comprehen-
sive Plan, Chapter 187, Florida Statutes, address
16 water resources and natural systems protection.
(2) This Chapter is intended to elerify provide
18 water policy goals, objectives, and guidance for
the development and review of programs, rules.
20 and plans relating to water resources, as ex-
pressed in Chapters 187, 373, and 403, Florida
22 Statutes, and L- -.thewise p- ide guidance t
the Departnett and Distrts i the delopment
,L' .."'t.._.._ .--A -- --_1"'-. _" A.' ---3.. .
24 of p La ~a, .l1, a.d ]plans.
(3) These policies shall be construed as a whole
26 and no individual policy shall be construed or ap-
plied in isolation from other policies.
28 (4) A goal of this Chapter is to improve coordina-
tion between land and water management Local
30 governments shall consider state water policy in
the development of their comprehensive plans re-
32 quired by Chapter 163, Florida Statutes, as re-
quired by Section 403.0891(3)(a), F.S. Special
34 districts which manage water shall consider state
water policy in the development of their plans
36 and programs. The Legislature has also ex-
pressed its intent, in Section 373.0395. F.S., that
38 future growth and development planning reflect
the limitations of the available ground water and
40 other water supplies.
(5) It is an objective of the State to protect the
42 functions of entire ecological systems.
(6) Government services should be provided effi-
44 cientlv. Inefficiency resulting from duplication of
permitting shall be eliminated where appDropri-
46 ate. including water quality and water quantity
permitting functions.
48 (7) Public education, awareness, and partici-
ration shall be encouraged. The Department and
50 Districts should assist educational institutions i
the development of educational curricula and re-

52 search programs which meet Florida's present
and future water management needs.
54 (&)SM This Chapter does not repeal, amend or
otherwise alter any rule now existing or later
56 adopted by the Department or Districts. How-
ever, procedures are included in this Chapter
58 which provide for the review and--modifi-atin of
Department and District plans. Programs, and
60 rules to assure consistency with the provisions of
this Chapter. The procedure for modification of
62 District rules as requested by the Department
shall be as prescribed in Section 373.114. F.S.
64 and applicable provisions of this Chapter.
(4)91 It is the intent of the Department, in coop-
66 eration with the Water Management Districts, to
seek adequate sources of funding to supplement
68 District ad valorem taxes to implement the provi-
sions of this Chapter.
70 Specific Authority: 373.026(10), 373.043, 403.061(33),
72 Law Implemented: 373.016, 373.114, 403.061(33),
403.0891, F.S.
74 History: New 5-5-81. Previously numbered as 17-
40.01. Amended 12-5-88. Previously numbered 17-
76 40.001, Amended 8-14-90, 12-17-91.

78 17-40.120 Department Rules.
State water policy shall also include the following
80 Department rules:
(1) Water Quality Standards, Chapter 17-3,
82 F.A.C.
(2) Surface Water Quality Standards, Chapter
84 17-302, F.A.C.
(3) Surface Water Improvement and Manage-
86 ment, Chapter 17-43, F.A.C.
(4) Ground Water Classes. Standards, and Ex-
88 emotions. Chapter 17-520. F.AC.
(5) Drinking Water Standards. Monitoring. and
90 Reporting. Chapter 17-550. F.AC.

92 Specific Authority: 373.026(7), 373.026(10), 373.043,
403.061(33), 403.805, 403.8.1. F.S.
94 Law Implemented: 373.016, 373.114, 403.061(33),
403.853. 403.0891, F.S.
96 History: New 8-14-90. Amended.

00 17-40.210 Definitions.
When used in this chapter and in the review of
02 rules of the Districts pursuant to Section

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

August 5, 1993 Draft: Deletions Additions Transfers

373.114(2), F.S., unless the context or content of52
2 such District rule requires a narrower, more spe-
cific meaning, the following words shall mean: 54
4 (1) "Aquifer" shall mean a geologic formation,
group of formations, or part of a formation that56
6 contains sufficient saturated permeable material
to yield useful quantities of ground water to58
8 wells, springs or surface water.
(2) "Consumptive use" means any use of water60
10 which reduces the supply from which it is with-
drawn or diverted. 62
12 (3) "Department" means the Department of Envi-
ronmental Regulation Protection. 64
14 (4) "Detention" means the delay of stormwater
runoff prior to its discharge.
16 (5) "District" means a Water Management Dis-68
trict created pursuant to Chapter 373, Florida
18 Statutes.
(6) "District Water Management Plan" means the
20 long range comprehensive water resource man-72
agement plan prepared by a District.
22 (.)l "Drainage basin" means a subdivision of a 74
24 (q*i "Effluent", unless specifically stated other-76
wise, means water that is not reused after flow-
26 ing out of any wastewater treatment facility or78
other works used for the purpose of treating,
28 stabilizing, or holding wastes. 80
(9) "Floodplain" means land area subject to
30 inundation by flood waters from a river, water-82
course, lake. or coastal waters. Floodplains are
32 delineated according to their estimated risk of84
34 (8f iQ. "Florida Water Plan" means the State86
Water Use Plan for ( .1laItd purs. at to cti'on
36 %*73.06, Foria Statutes, together with the88
water quality standards and water classifications
38 adopted by the Department Lin Chap s 1 and90

40 (~-9L1 "Governing Board" means the governing92
board of a water management district.
42 f(4)12J "Ground water" means water beneath94
the surface of the ground, whether or not flowing
44 through known and definite channels. 96
(13) "Ground water availability" means the po-
46 tential quantity of ground water which can be98
withdrawn without resulting in significant harm
48 to the water resources or associated ecosystems. 100
(14) "Ground water basin" means a ground water
50 flow system that has defined boundariesdefined boundaries and ma02
include permeable materials that are capable of

Storing or furnishing a significant water supply.
The basin includes both the surface area and the
: ermeable materials beneath it.
(15) "High recharge areas" means areas contrib-
uting significant volumes of water which add to
th'e storage and flow of an aouifer through verti-
cal movement from the land surface. The term
significant will vary geographically depending on
the hydrologic characteristics of that aquifer.
(16) "Interim pollutant load reduction goal"
means a best judgment numeric estimate of the
level of pollutant load reduction anticipated to
result from planned corrective actions as an
interim step toward the goal of preserving or
restoring designated uses and maintaining water
quality consistent with applicable state
(*1 )LI "Nutrient limitations" means those
numeric values which establish a maximum or
minimum allowable nutrient loading or concen-
tration, 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.
(18) "Pollutant load reduction goal" means esti-
mated numeric reductions in pollutant loadings
needed to preserve or restore designated uses of
receiving waters and maintain water quality con-
sistent with applicable state standards.
(19) "Prime recharge areas" means areas that are
generally within, but not limited to. high re-
charge areas, that are significant to present and
future ground water uses including protection
and maintenance of natural systems and water

(4{21.f1 "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.
(4 211 "Reclaimed water" means water that has
received at lease secondary treatment and is
reused after flowing out of a wastewater treat-
ment facility.
4-1 221 "Retention" means the prevention of
stormwater runoff from direct discharge.
52K2.1 "Reuse" means the deliberate application
of reclaimed water, in compliance with Depart-
ment and District rules, for a beneficial purpose.


August 5, 1993 Draft: Deletions Additions Transfers

(a) For-example Where appropriate, said52
2 uses may encompass:
1. Landscape irrigation (such as ir-54
4 rigation of golf courses, cemeteries,
highway medians, parks, play-56
6 grounds, school yards, retail nurs-
eries, and residential properties); 58
8 2. Agricultural irrigation (such as
irrigation of food, fiber, fodder and 60
10 seed crops, wholesale nurseries, sod
farms, and pastures); 62
L2 3. Aesthetic uses (such as decora-
tive ponds and fountains); 64
4 4. Groundwater recharge (such as
slow rate, rapid-rate, and absorp-66
L6 tion field land application systems)
but not including disposal methods 68
18 described in tR.ul 17 -40.21~/0 ),
-A i n (b) below; 70
O0 5. Industrial uses (such as cooling
water, process water, and wash72
!2 waters);
6 E 74




atc~ ~atr~nt r d~hp 78
1P-4L0" Oat0 f 1 mt
wetter treatment or %" Cp 6 %,,~
ammolm;ANI UP606 'RPSO IMA

30 4i& Fire protection; or
&L. Other useful purpose.
32 (b) Overland flow land application sys-84
teams, rapid-rate land application systems
34 providing continuous loading to a single 86
percolation cell, other land application
36 systems involving less than secondary
treatment prior to application, septic
38 tanks, and groundwater disposal systems90
using Class I wells injecting effluent or
40 wastes into Class G-IV waters shall be ex-
cluded from the definition of reuse. 92
42 46~(24) "Secretary" means the Secretary of the9
Department of Environmental Reglation tec-
44 tion.
(*(2fi) "State water quality standards" means
46 water quality standards adopted by the Environ-98
mental Regulations Commission pursuant to
48 Chapter 403, Florida Statues, including stan-0
dards comprised of designated most beneficial
50 uses (classification of waters), the numerical anq02
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, 17-302. 17-520. and 17-
550 F.A.C.
f8X26 "State Water Use Plan" means the plan
formulated pursuant to Section 373.036, Florida
Statutes., for the us and d el.pme.nt f waters;

(49(27. "Stormwater" means the water which
results from a rainfall event.
(240)(2 "Stormwater management program"
means the institutional strategy for stormwater
management, including urban, agricultural, and
other stormwater.
(421)2.9 "Stormwater management system"
means a system which is designed and con-
structed or implemented to control stormwater,
incorporating methods to collect, convey, store,
absorb, inhibit, treat, use, or reuse stormwater to
prevent or reduce flooding, over-drainage, envi-
ronmental degradation and water pollution or
otherwise affect the quantity and quality of dis-
charges from the system.
f2)lQ} "Stormwater utility" means the entity
through which funding for a stormwater man-
agement program is obtained by assessing the
cost of the program to the beneficiaries based on
their relative contribution to its need. It is oper-
ated as a typical utility which bills services regu-
larly, similar to water and wastewater services.
f(X3.1) "Surface water" means water upon the
surface of the earth, whether contained in
bounds created naturally or artificially or dif-
fused. Water from natural springs shall be
classified as surface water when it exits from the
spring onto the earth's surface.
(32) "Surface water availability" means the poten-
tial quantity of surface water that can be
removed or retained without significant harm to
the water resources or associated ecosystems.
(33) "Water resource caution area" means a
geographic area identified by a water manage-
ment 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 supplv problem
area, as described in Section 403.064. F.S.. is an
example of a water resource caution area.
24)34) "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,

- ___~__ ___~ ~

August 5, 1993 Draft: Deletios Additions Transfers

or diffused surface water and water percolating
2 standing, or flowing beneath the surface of the
ground, as well as all coastal waters within the
4 jurisdiction of the state.
*f6(Y)i "Watershed" means the land area which
6 contributes to the flow of water into a receiving
body of water.
8 (36) "Watershed management goal" means an
overall goal which provides the general strategies
10 for the management of water resources within a
Specific Authority: 373.026(10), 373.0391. 373.0395.
14 373.043, 403.061(33), F.S.
Law Implemented: 373.016, 373.026(7), 373.114,
16 403.061(33), 403.0891, F.S.
History: New 5-5-81. Previously numbered as 17-
18 40.02. Amended 12-5-88. Previously numbered 17-
40.020, Amended 8-14-90, 12-17-91.




26 17-40.310 General Policies
The following statement of general water policy
28 shall provide e-basis policy guidance for Depart-
ment review of water management programs,
30 rules, and plans. Water management programs,
rules and plans, where economically and en-
32 vironmentally feasible, not contrary to the public
interest, and consistent with Florida law, shall,
34 seek to:
(1) Water Supply
36 (a)Assure availability of an adequate and
affordable supply of water for all reasonable-
38 beneficial uses. Uses of water authorized by
a permit shall be limited to reasonable-bene-
40 ficial uses.
(3XBk) Reserve from use that water necessary
42 to support essential non-withdrawal de-
mands, including navigation, recreation, and
44 the protection of fish and wildlife.
f&( ) Champion and develop sound water"
46 conservation practices and public informa-
tion programs.
48 4*fdl Advocate and direct the reuse of re-
claimed water as an integral part of water
50 and wastewater management programs
rules, and plans consistent with protection op






the public health and surface and ground
water quality.
Wfe) Encourage the use of water of the low-
est acceptable quality for the purpose in-
f16)f Encourage the development of local
and regional water supplies within districts
rather than transport water across District
(g) Encourage the development of alternative
water supplies, including water conserva-
tion. reuse of reclaimed water, desalination.

64 stormwater reuse, and aquifer storage. re-
charge, and recovery.
66 f8)h) Protect aquifers from depletion
through water conservation and preserva-
68 tion of the functions of high recharge areas.
(2) Water Quality Protection and Management
70 f(6( Restore and protect the quality of
ground and surface water by ensuring high
72 quality treatment for stormwater and
74 (9)Mh Identify existing and future public
water supply areas and protect them from
76 contamination.
(3) Flood Protection and Floodplain Protection
78 flYa) Encourage nonstructural solutions to
water resource problems and give adequate
80 coir;ideration to nonstructural alternatives
whenever structural works are proposed.
82 (34b)l Manage the construction and opera-
tion of facilities which dam, divert, or other-
84 wise alter the flow of surface waters to pre-
vent minimize damage from increased flood-
86 ing, soil erosion, or excessive drainage, or
habitat alteration.
88 f*Rlc) Encourage the management of flood-
plains and other flood hazard areas to pre-
90 vent or reduce flood damage, consistent with
establishment and maintenance of desirable
92 hydrologic characteristics and ecological
functions of such areas.
94 (d) Encourage the development and imple-
mentation of a strict floodplain management
96 program by state. regional, and local gov-
ernments designed to preserve hvdrologi-
98 call significant wetlands and other natural
floodplain features.
00 (e) Avoid the expenditure of public funds
that encourage or subsidize new develop-
02 ment or significant expansion of existing



August 5, 1993 Draft: Dieeiofns Additions Transfer

development in hiyh-hazard flood areas.
2 (f) Minimize flood-related emergencies.
human disasters. loss of property. and other
4 associated impacts.
(4) Natural Systems Protection and Management
6 f(44a) Establish minimum flows and levels
to protect water resources and the environ-
8 mental values associated with marine, estu-
arine, freshwater, and wetlands ecology.
10 (90)Q)i Mitigate adverse impacts resulting
from prior alteration of natural hydrologic
12 patterns and fluctuations in surface and
ground water levels.
14 (f~)c) Utilize, preserve, restore, and enhance
natural water management systems and dis-
16 courage the channelization or other altera-
tion of natural rivers, streams and lakes.
18 (5) Management Policies
Wif Protect the water storage and water
20 quality enhancement functions of wetlands,
floodplains, and aquifer recharge areas
22 through acquisition, enforcement of laws,
and the application of land and water man-
24 agement practices which provide for compat-
ible uses.
26 (b) Emphasize the prevention of pollution
and other water resource problems.
28 f%~i.c) Develop interstate agreements and
undertake cooperative programs with Ala-
30 bama and Georgia to provide for coordinated
management of surface and ground waters.

Specific Authority: 373.026(10), 403.0891, 373.043
34 403.061(33), F.S.
Law Implemented: 373.016, 373.026(7), 373.114
36 403.061(33), 403.0891, F.S.
History: New 7-1-81. Previously numbered as 17
38 40.03. Amended 12-5-88. Previously numbered as 17
4.030, Amended 8-14-90, 12-17-91.

17-40.41410 Water Suply Protection and
48 Management Watr--- .ae a3A e ...
The following shall apply to those areas where
50 the use of water is regulated pursuant to Part I]
of Chapter 373, Florida Statutes:

52 (1) The ownership of land in the State of Florida
does not constitute an entitlement to
54 consumptive use of the water that exists on or
below that land. Part II of Chapter 373. F.S. and
56 the regulatory program adopted thereto pursuant
thereto constitute the sole authority for
58 permitting the consumptive use of water.
f(2) No permit shall be granted to authorize the
60 use of water unless the applicant establishes that
the proposed use is a reasonable-beneficial use,
62 will not interfere with presently existing legal
uses of water and is consistent with the public in-
64 terest.
f(K2 1 In determining whether a water use is a
66 reasonable-beneficial use, the following factors
will be considered:
68 (a) The quantity of water requested for the
70 (b) The demonstrated need for the use;
(c) The suitability of the use to the source of
72 water;
(d) The purpose and value of the use;
74 (e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm
76 by adjusting the quantity or method of use;
(g) Whether the impact of the withdrawal
78 extends to land not owned or legally con-
trolled by the user;
80 (h) The method and efficiency of use;
(i) Water conservation measures taken or
82 available to be taken;
0) The avalbity of reclaimied wate for

W, 6F - I --- --
84 and the pratiality of reue, r the se of
t r ... mr.. s-,ilable qualt.., The feasibil-
'86 itv of alternative sources such as reclaimed
water, stormwater. brackish water and salt
188 water;
(k) The present and projected demand for
90 the source of water;
(1) The long term yield available from the
92 source of water;
(m) The extent of water quality degradation
94 caused;
(n) Whether the proposed use would cause or
96 contribute to flood damage;
I (o) Whether the proposed use would signifi-
98 cantly induce saltwater intrusion;
(p) The amount of water which can be with-
[00 drawn without causing harm to the re-

- ---- --~- -- -- -------~---------- -- -- -- --

August 5, 1993 Draft: Dletioa Additions Transfers

(q) Whether the proposed use would ad- be subject to full compliance thte applicable
2 versely affect public health; and 54 permitting criteria of the District.
(r) Whether the proposed use would signifi-
4 cantlv affect ecosystem functions and 56 Specific Authority: 373.026, 373.043, F.S.
natural resources. Law Implemented: 187.101(3), 373.016,
6 f({4 Water shall be reserved from permit use in58 373.0391(2Xe), Part II, 373, 403.064, F.S.
such locations and quantities, and for such sea- History: New 5-5-81. Amended 2-4-82, 12-5-88.
8 sons of the year, as is required for either the pro-60 Previously numbered at 17-40.04. Previously
tection of fish and wildlife or the public health or numbered as 17-40.040, Amended 8-14-90, 12-17-91.
10 safety.62 Previously numbered as 7-40.401. Amended.

(5) Water use shall not be allowed to exceed
12 ground water availability or surface water
availability. The Districts shall establish priority
14 protection for the water supply of natural64
systems when making the determination of
16 ground water availability and surface water 6
18 68lG6 In implementing consumptive use permit-7(
ting programs, the Department and the Districts
20 ar requited uildeOr Stion 107.101(3), F.C.,
shall recognize the rights of property owners, as
22 limited by law, to make consumptive uses of74
water from their land, and the rights of other
24 users, as limited by law, to make consumptive 76
uses of water, for reasonable-beneficial uses in a
26 manner consistent with the public interest that78
will not interfere with any presently existing
28 legal use of water.8
)(7) Permits authorizing consumptive uses of
30 water which cause unanticipated significant ad-82
verse impacts on off-site land uses, ecosystem
32 functions. or water and related land resources
existing at the time of permit application, or on8
34 legal uses of water existing at the time of permit
application, should be considered for modifica-86
36 tion, to curtail or abate the adverse impacts,
unless the impacts can be mitigated by the88
38 permitted.
(8) The provisions contained in Section 373.233.,90
40 F.S.. entitled "Competing Applications," and any
rules adopted pursuant t. it. shall be the sole
42 method for the allocation of any quantity of water92
being sought by and insufficient for two or more94
44 competing applications. The District shall
determine whether any pending annlication96
46 competes with any other pending application and
whether the requirements of Section 373.233.
48 F.S.. and implementing rules. should be used to98
determine which application best serves the
50 public interest 100
5 9) Any reallocation of an existin a ermitted02
52 Quantity of water shall require a permit and shal0u

4 17-40.412 Water Conservation
The overall water conservation goal of the state
6 shall be to prevent and reduce wasteful, uneco-
nomical, impractical, or unreasonable use of the
3 water resources. Conservation of water shall be
required unless not economically or environmen-
) tally feasible. The Districts shall accomplish this
goal bv:
2 (1) Assisting local and regional governments in
formulating plans to conserve water to meet their
Slong-term needs;
(2) Establishing efficiency standards for urban.
Industrial, and agricultural demand management
which may include the following:
3 (a) Restrictions against inefficient irrigation
) (b) Using a uniform time period of 10:00 a.m.
to 4:00 p.m. when daily restrictions are im-
posed on irrigation
(b) Minimizing unaccounted for water losses:
(c) Promoting water conserving rate
(d) Water conserving plumbing fixtures;
(e) Xeriscape: and
(f) Rain sensors.
(3) Maintaining public information and education
programs for long- and short-term water conser-
vation goals:
(4) Executing provisions to implement the above
criteria and to consistently anplv water shortage
restrictions between those Districts whose
boundaries contain political jurisdictions located
in more than one District.

Specific Authority: 373.026, 373.043, F.S.
Law Implemented: 373.171, 373.175, 373.185, 373.196,
373.1961, 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.

- __

August 5, 1993 Draft: DelAtion~sa Additions Transfers

rreviousiy numpereu aus.a I-trv.L. ramUnuJu.
1740.416 Water Reuse.
4 1) As required by Section 373.0391(2)(e), F.S.,
the districts shall designate areas that have
6 water supply problems which have become criti-
cal or are anticipated to become critical within
8 the next 20 years. The Districts shall identify
such critical watr supply problem aa water
such .r e
10 resource caution areas during preparation of a
District Plan pursuant to Rule 17-40.i695 2Q
12 FA.C., and shall adopt these designations by
rule by November 1, 1991.
14 (2) Reclaimed water is a water resource in the
state which must be used in a reasonable-
16 beneficial manner.
(3) A reasonable amount of reuse of reclaimed
18 water from domestic wastewater treatment facili-
ties shall be required within designated-erihieal
2 0 .... .. .... z.
20 wter -supply arazs water resource caution areas.
unless suchi rus, is, no0t i en,,omvlly, I nvirn-
()4) The districts shall periodically update their
24 designations of critical ~t ...r uppl r.. L1 "em
areas water resource caution areas by rule. Such
26 updates shall occur within one year after updates
of the Ldistrict Plan prepared pursuant to Rule
28 17-40.69152Q2 FA.C. After completion of the
district Plan or updates pursuant to Rule 17-
30 40.60152QFA.C., the Districts may limit areas
where reuse shall be required to areas where
32 reuse is specified as a remedial or preventive
action pursuant to Rule 17-40.642 )20Q, F.A.C.
34 Any such limitation of areas where reuse shall be
required shall be designated by rule.
36 f6X)5 A reasonable amount of reuse of reclaimed
water from domestic wastewater treatment facili-
38 ties may shall be required outside of areas desig-
nated pursuant to Rule 17-40.41 1=(14 ,
40 FA.C., as subject to critical water supply
problems, provided:
42 (a) Reclaimed water is readily available; and
(b) The L)district has adopted rules for reuse
44 in these areas.
(6) The regulatory mechanism for District
46 requirements related to reuse of reclaimed water
shall be through consumptive use permits issue
48 to either end users or public water suppliers. The
Districts shall not require consumptive use
50 permits for wastewater facilities, which would
not otherwise need a consumptive use permit, for
52 the sole purpose of requiring reuse.

(7) The Department encourages local govern-
54 ments to implement programs for reuse of re-
claimed water. These rules shall not be deemed to
56 preempt any such local reuse programs.
(81 As required by Section 373.0391(2)(e), F.S.,
.58 the districts shall designate areas that have
Water supply problems which have become criti-
,60 cal or are anticipated to become critical within
the next 20 years. The Districts shall identify
62 such criticall wat.r supply probm, water resource
caution areas during preparation of a District
64 Plan pursuant to Rule 17-40.5 0152, F.A.C., and
shall adopt and amend these designations by rule
66 1y Novcml er 1, 1 i .
S(8X1 The districts shall periodically update their
68 designations of ---itica-l water .ply j. pr c l
arees water resource caution areas by rule. Such
70 updates shall occur within one year after updates
of the District Plan prepared pursuant to Rule
72 17-40.69t52, F.A.C. After completion of the
District Plan or updates pursuant to Rule 17-
74 40.65~2, F.A.C., the Districts may limit areas
where reuse shall be required to areas where
76 reuse is specified as a remedial or preventive
action pursuant to Rule 17-406( .f 52 F.A.C.
78 Any such limitation of areas where reuse shall be
required shall be designated by rule.
Specific Authority: 373.026, 373.043, F.S.
82 Law Implemented: 187.101(3), 373.016,
373.0391(2Xe), Part II, 373, 403.064, F.S.
84 History: New 5-5-81. Amended 2-4-82, 12-5-88.
Previously numbered as 17-40.04. Previously
86 numbered as 17-40.040, Amended 8-13-90, 12-17-91.
Previously numbered as 17-40.401, Amended.
17-40.408422 Wter r0- ansport Interdistrict
90 Transfer.
The following shall apply to the transfers of
92 surface and ground water where such transfers
are regulated pursuant to Part II of Chapter 373,
94 Florida Statutes:
(1) The transport transfer or use of surface water
96 across District boundaries shall require approval
of each involved District. The transfer or use of
98 ground water across District boundaries shall
require approval of the District where the with-
00 drawal of ground water occurs.
(2) In deciding whether the transport transfer
02 and use of surface water across District bounda-
ries is consistent with the public interest pursu-
04 ant to Sections 373.223, Florida Statutes, the

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

August 5, 1993 Draft: Deletiaao Addditions Transfers

Districts should consider the extent to which:
2 (a) Comprehensive water conservation an
reuse programs are implemented and en
4 forced in the area of need.
(b) The major costs, benefits, and environ
6 mental impacts have been adequately deter
mined including the impact on both the sup
8 plying and receiving areas;
(c) The transport transfer is an environment
10 tally and economically acceptable method tx
supply water for the given purpose;
12 (d) The present and projected water needs o
the supplying area are reasonably deter
14 mined and can be satisfied even if the trans
port transfer takes place;
16 (e) The transport transfer plan incorporate,
a regional approach to water supply and dis
18 tribution including, where appropriate
plans for eventual interconnection of watei
20 supply sources; and
(f) The transport transfer is otherwise con
22 sistent with the public interest based upor
evidence presented.
24 (3) The interdistrict transfer and use of ground.
water must meet the requirements of Sectior
26 373.2295. Florida Statutes.

28 Specific Authority: 373.026, 373.043, 403.805, F.S
Law Implemented: 373.016, Part II, 373, F.S.
30 History: New 5-5-81. Previously numbered as 17.
40.05. Amended 12-5-88. Previously numbered 17.
32 40.050. Previously numbered as 17-40.402, Amended.

17-40.424 Wellhead Protection
36 (Reserved)

38 17-40.4908~4 Water Quality Protection and
40 (1) Water quality standards shall be enforced
pursuant to Chapter 403, Florida Statutes, to
42 protect waters of the State from point and non-
point sources of pollution.
44 (2) State water quality standards adopted by De-
partment rule shall be a part of the Florida
46 Water Plan.

48 Specific Authority: 403.061, 373.026, 373.043, 403.805
50 Law Implemented: 373.039, 403.021, F.S. 1

History: New 5-5-81. Previously numbered as 17-
d52 40.06. Amended 12-5-88. Previously numbered 17-
40.060. Previously numbered as 17-40.401. Amended.
17-40.480 2 Surface Water Protection and
.56 Management.
S (1) Surface Water Protection and Management
58 Goals.
S The following goals are established to provide
o60 guidance for Department, District and local gov-
ernment stormwater management programs:
f62 (a) It shall be a goal of surface water man-
agement programs to protect, preserve and
.64 restore the quality, quantity and environ-
mental values of water resources. A goal of
s66 surface water management programs in-
cludes effective stormwater management for
68 existing and new systems which shall seek
S to protect, maintain and restore the func-
70 tions of natural systems and the beneficial
uses of waters.
72 (b) The primary goals of the state's stormwa-
ter management program are to maintain, to
74 the maximum extent practicable, during and
S after construction and development, the pre-
L76 development stormwater characteristics of a
site; to reduce stream channel erosion, pollu-
78 tion, siltation, sedimentation and flooding; to
reduce stormwater pollutant loadings dis-
80 charged to waters to preserve or restore
beneficial uses; to reduce the loss of fresh
'82 water resources by encouraging the reuse of
stormwater; to enhance ground water re-
84 charge by promoting infiltration of stormwa-
ter in areas with appropriate soils and geol-
86 ogy; to maintain the appropriate salinity re-
gimes in estuaries needed to support the
88 natural flora and fauna; and to address
stormwater management on a watershed
190 basis to provide cost effective water quality
and water quantity solutions to specific wa-
.92 tershed problems.
(c) Inadequate management of stormwater
94 throughout a watershed increases storm-
water flows and velocities, contributes to
96 erosion and sedimentation, overtaxes the
carrying capacity of streams and other con-
98 veyances, disrupts the functions of natural
systems, undermines floodplain manage-
.00 ment and flood control efforts in downstream
communities, reduces ground water re-
02 charge, threatens public health and safety,


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

August 5, 1993 Draft: Deletios Additions Transfers

and is the primary source of pollutant load-54
2 ing entering Florida's rivers, lakes and estu-
aries, thus causing degradation of water56
4 quality and a loss of beneficial uses. Accord-
ingly, it is a goal to eliminate the discharge58
6 of inadequately managed stormwater into
waters and to minimize other adverse im-60
8 pacts on natural systems, property and pub-
lic health, safety and welfare caused by im-62
10 properly managed stormwater.
(d) It shall be a goal of stormwater manage-64
12 ment programs to reduce unacceptable pol-
lutant loadings from older stormwater man-66
14 agement systems, constructed before the
adoption of Chapter 17-25, F.A.C., (February68
16 1, 1982), by developing watershed manage-
ment and stormwater master plans or70
18 District-wide or basin specific rules.
(e) The concept of developing comprehensive 72
20 watershed management plans in designated
watersheds is intended not only to prevent74
22 existing environmental, water quantity, and
water quality problems from becoming worse 76
24 but also to reduce existing flooding problems,
to improve existing water quality, and to78
26 preserve or restore the values of natural sys-
tems. 80
28 (2) Watershed management goals shall be de-
veloped by the District for all watersheds within 82
30 the boundaries of each District and shall be
consistent with the SWIM (Surface Water84
32 Improvement and Management) Program and
the EPA National Pollutant Discharge Elimina-86
34 tion System (NPDES) program. ,ke-primary
-I- T Ty A__7 7_ -.- _-L



stfdL- ds- Watershed management goals shall92
40 be included in the District Water Management
Plans. 94
42 f4(3) Stormwater Management Program Imple-
mentation. As required by Section 403.0891, F.S.,96
44 the Department, Districts and local governments
shall cooperatively implement on a watershed98
46 basis a comprehensive stormwater management
program designed to minimize the adverse effectg00
48 of stormwater on land and water resources. All
such programs shall be mutually compatible withl02
50 the State Comprehensive Plan (Chapter 187,
Florida Statutes), the Local Government Comprel04
52 hensive Planning and Land Development Regu-
lation Act (Chapter 163, Florida Statutes), thd06

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 estab-
lishing goals, objectives and guidance for the
development and implementation of storm-
water management programs by the Dis-
tricts and local governments. The Depart-
ment 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
(b) The districtss 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 reduc-
tions necessary to preserve or restore benefi-
cial 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 storm-
water management programs which are in
accordance with the state and District
stormwater quality and quantity goals.
Local governments may establish a storm-
water 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, to ensure
that stormwater systems are properly oper-
ated and maintained.
(d) Water control districts created pursuant
to Chapter 298. F.S.. and other special
districts. as defined in Section 189.403(1).

Otrot sai etoretee10tteene seaop0
Asam !yffeftIop il
I J#Il M Ikvb&2 7 ~o &PII&H+ ir2totettr ttfI-& IIK

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

August 5, 1993 Draft: Deletione Additions Transfers

F.S.. which have water management powers.
2 shall establish a stormwater management52
program within their geographical bounda-
4 ries consistent with the aropriate local54
government stormwater program and
6 adopted local government comprehensive56
nlan and in accordance with the state and
8 District stormwater quality and quantity58

10 (&4) Surface Water Management. 60
The following shall apply to the regulation of sur-
12 face water pursuant to Part IV, Chapter 373,
Florida Statutes.
14 (a) The construction and operation of facili-
ties which manage or store surface waters,
16 or other facilities which drain, divert, im-
pound, discharge into, or otherwise impact66
18 waters in the state, and the improvements
served by such facilities, shall not be harm-68
20 ful to water resources or inconsistent with
the objectives of the Department or District. 70
22 (b) In determining the harm to water re-
sources and consistency with the objectives7
24 of the Department or District, consideration
should be given to:
26 1. The impact of the facilities on: 76
a. water quality;
28 b. fish and wildlife; 78
c. wetlands, floodplains, estuaries.
30 and other environmentally sensi-80
tive lands;
32 d. reasonable-beneficial uses of82
34 e. recreation; 84
f. navigation;
36 g. saltwater or pollution intrusion,
including any barrier line estab-
38 lished pursuant to Section 373.033,88
F.S.; 90
40 h. minimum flows and levels estab-
lished pursuant to Section 373.042,92
42 F.S.;
i. other factors relating to the pub-94
44 lic health, safety, and welfare;
2. Whether the facilities meet applicable 96
46 design or performance standards;
3. Whether adequate provisions exist for 98
48 the continued satisfactory operation and
maintenance of the facilities; and 100
50 4. The ability of the facilities and re-

lated improvements to avoid increased
damage to off-site property, water re-
sources, natural systems or the public
caused by:
a. floodplain development, en-
croachment or other alteration;
b. retardance, acceleration or diver-
sion of flowing water;
c. reduction of natural water stor-
age areas;
d. facility failure; or
e. other actions adversely affecting
off-site water flows or levels.
(*4)L Minimum Stormwater Treatment Perform-
ance Standards.
(a) When a stormwater management system
complies with rules establishing the design
and performance criteria for stormwater
management systems, there shall be a rebut-
table presumption that such systems will
comply with state water quality standards.
The Department and the Districts, pursuant
to Section 373.436418, F.S., shall adopt rules
that specify design and performance criteria
for new stormwater management systems
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.
3. The minimum treatment levels speci-
fied 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 para-
graph (c).
(b) Erosion and sediment control plans de-
tailing appropriate methods to retain sedi-
ment on-site shall be required for land dis-
turbing activities.
(c) The pollutant loading from older storm-
water management systems shall be reduced
as necessary to restore or maintain the bene-


_ _I_ __ __ I ~__ ___ __

August 5, 1993 Draft: Deletios Additions Transfers

ficial uses of waters. The Districts shall es-
2 tablish pollutant load reduction goals and54
adopt them as part of a SWIM plan, other
4 watershed management plan, or District-56
wide or basin specific rules.
6 (d) Wate hed m-anaeen.1t gals shall Lb- 58
de veLO LeLd by the Ditrit for ITall waer1he"
8 tn th o f ah Ditrct and6

Sh.if lbeJ, jWans listen wiL th IL.L.&ZM I.J bWifdij

Elpr~~imf ,I prpsye On(NPD e0) A~.th
~rnarpl npt l-al~ 17 h^ t^ ;^dc" aktantl64
a FtJw-U pI f-411046 TrLt-I o 6 ;h01t t
wtter qjtmL ity inL v~ing is"- 29e dm 66
or mMvL %X e L%. P C uv% L S7LA;tS top umo ILm mvit TV th "sap ko,I3;X. a 3b3.L

16 tat-" .. & quality sta "ndari 68
(e) Watershed specific stormwater pollutant
18 load reduction goals shall be developed for70
older stormwater management systems on a
20 priority basis as follows: 72
1. Goals shall be deelpe .. a din to
22 the -hedul e..bli h#d by EPA for74
tho ters receiving stermwater 1i&-
24 charge fr m s eraft red t btain76

SSWIM wautr bods that r have a80
adopted SWIM plan and that do not re"

having approved SWIM plans.
a. For SWIM water bodies with f88
plans originally adopted before
January 1, 1992, interim pollutant 90
load reduction goals and a schedule

for development of the pollutant 92
load reduction goal shall be estab-
lished by December 31, 1994.
ha- ng approved SWIM plans,

b. For SWIM water bodies with
plans originally adopted after Janu-96
arv 199,992. interim ollutant load
reduction goals and a schedule for98
development of the pollutant load
reduction goal shall be establishe400
within three years of the plan's
original adoption date. 102
2. Each District shall develop water body
specific pollutant load reduction goals fol04
non-SWIM water bodies on a priority





basis according to a schedule provided in
the District Water Management Plan.
The list of water bodies and the schedule
shall be developed by each District, giving
priority consideration to water bodies
that receive discharges from stormwater
management systems that are required to
obtain a NPDES municipal stormwater
discharge permit.
3. Each District shall submit recommen-
dations to implement the Total Maximum
Daily Loads (TMDL) Process to the De-
partment by January 1. 1998. for water
bodies that receive discharges from
stormwater management systems that
are required to obtain a NPDES munici-
pal stormwater discharge permit. For
water bodies for which this subsection is
applicable and for which pollutant load
reduction goals will not be developed
before January 1. 1998. each District
shall coordinate with the local govern-
ments responsible to obtain NPDES per-
mits to implement the process of TMDL
development described in the EPA publi-
cation. Guidance for Water Quality-based
Decisions: The TMDL Process (EPA
440/4-91-001, April 1991). which is hereby
adopted by reference.
These goals shall be considered in local com-
prehensive plans submitted or updated in
accordance with Section 403.0891(3)(a). F.S.
Specific 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. Previously numbered as 17-
40.420, Amended.

17-40.450 Flood Protection
(1) Flood protection shall be implemented within
the context of other interrelated water manage-
ment responsibilities. Florida will continue to be
dependent on some structural water control
facilities constructed in the past. and new
structural facilities may sometimes be unavoid-
able in addressing existing and future flooding or
other water-related problems. The Department
and the Districts shall promote nonstructural
flood protection through avoidance or reversal of
incompatible uses in floodplains and flood prone















_~____ _~_ _~~_~_~ _~_~_____ ~~

August 5, 1993 Draft: Beletia Additions Transfer

























(a) Flood Protection Responsibilities
1. Local governments have the primary54
responsibility for regulating land use,
enforcing construction criteria for flood56
prone areas, establishing local flood pro-
tection levels of service, constructing58
and maintaining local flood control
facilities, and otherwise preventing60
flood damages to new development.
2. District flood protection responsibili-C2
ties relate primarily to serving regional
water conveyance and storage needs. 4
Districts have the authority to plan,
construct. and operate water control66
facilities, as well as regulate discharges
into works of the District or facilities 68
controlled by the District. Districts shall
not necessarily be obligated to provide 70
local flood protection beyond the design
capacity of existing facilities. 72
3. Permits under Part IV of Chapter
373. F.S.. shall be issued only if appro-74
priate precautions are taken to protect
public health and safety in the event of76
failure of any water control structures.
including, but not limited to. umps and 78
4. Department and District programs 8
shall discourage incompatible siting of
public facilities in floodplains and flood 82
prone areas wherever possible. Where
no feasible alternative exists to siting 84
public facility in a floodplain or flood
prone area. the facility shall be designed 86
to minimize flood damage risks and
adverse impacts on natural flood deten-
tion and conveyance capabilities. 88
5. Each District shall clearly define.90
either in its District Water Management
Plan. in basin specific plans, or rules.
the District's responsibilities related to92
flood emergencies, including its mecha-
nisms for coordinating with emergency94
response agencies.
b) District Facilities96
1. District water control facilities shall 98
be operated and maintained in accor-
dance with established plans or sched-

2. Districts shall assess the design char-02
acteristics and operational practices o 0
existing District water control facilities


to ascertain opportunities for minimiz-
ing adverse impacts on water resources
and the ecology of the area. Where
feasible, facility design modifications or
operational changes shall be imple-
mented to enhance natural systems or
fulfill other water management respon-

17-40.458 Floodplain Protection
(1) The Department and the Districts shall
provide leadership to protect and enhance the
beneficial values offloodplains. 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
fa) The Department and the Districts shall
pursue development of adequate floodplain
protection information, including
1. District determination of flood eleva-
tions for priority floodplains. At a mini-
mum. this shall include the 100-year
return flood level, with other flood
levels to be determined where needed
for watershed-snecific management
purposes. Districts are encouraged to
determine 10-year flood elevations for
the purpose of assisting the Department
of Health and Rehabilitative Services to
regulate septic tanks in floodplains pur-
suant to Section 10D-6.0471. F.AC.
2. Identification of ecologically intact
floodplains 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

intact floodplain areas.
2. Protect the natural water storage and
water conveyance capabilities of floor:
3. Where feasible, enhance or restore


- -- -- ----

August 5, 1993 Draft: Dletionas Additions Transfers

natural flow regimes of rivers and52
2 watercourses that have been altered for
flood control purposes. 54
4 (c) District regulatory programs shall mini-
mize incompatible activities in floodplains. 56
6 For those floodplains regulated by a District.
such programs shall, at a minimum. require 58
8 permit applicants proposing construction in
floodplains to provide reasonable assurance 60
10 that such activity meets the following
12 1. Surface andround water levels a 62
surface water flows will not be ad-
14 verselv affected. 64
2. The activity will not result in signifi-
16 cant adverse impacts to existing surface6
water storage and conveyance capabili-
18 ties of the floodplain.
3. The activity will not result in adverse
20 impacts to the operation of District0
22 4. Any surface water management 2
facilities associated with the proposed
24 activity will be capable of being effec-74
tively operated and maintained.
26 5. The activity will not cause violations 76
of water quality standards in receiving
28 waters. 78
6. The activity will not result in signifi-
30 cant adverse impacts to wetlands. 80
7. The proposed activity will not cause
32 adverse environmental impacts to adja-
cent lands.
34 8. The activity will not otherwise be
harmful to water resources or natural
36 values of the floodplain.
(e) Each District shall provide to local gov-86
38 ernments and water control districts avail-
able information regarding floodplain88
40 delineation and floodplain ecological consid-
erations, and assist in developing effective90
42 measures to manage floodplains consistently
with this Chapter. 92
17-40.470 Natural Systems Protection and94
46 Management
(1) The goals for natural systems protection and
48 management shall be: 98
(a) To avoid or minimize individual and
50 cumulative adverse impacts to natural00

(b) Prevent further degradation of and. to
the extent feasible, improve the water
quality which supports natural systems;
(c) Avoid or minimize adverse effects on the
conservation of fish and wildlife, including
endangered or threatened species. or their
habitats: and
(d) Promote the restoration and enhance-
ment of existing or historic natural systems.

17-40.4064 Minimum Flows and Levels.
(1) In establishing minimum flows and levels pur-
suant 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,
(a) Recreation in and on the water;
(b) Fish and wildlife habitats and the pas-
sage of fish;
(c) Estuarine resources;
(d) Transfer of detrital material;
(e) Maintenance of freshwater storage and
(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 -conideration protected 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 pur-
suant 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: New 5-5-81. Previously numbered as 17-
40.08. Amended 12-5-88. Previously numbered 17-
40.080. Previously numbered as 17-40.405. Amended.


---- --- ~-----~-- ~ ~--

August 5, 1993 Draft: ;e-i'--n Additions Transfers
...... Adiii Tanfrs

17-40.475 Protection Areas for Surface

2 Waters
(1) As part of SWIM Plans or basin-specific m
4 agement plans, the districts are encouraged to
tablish protection areas adjoining surface v:-
6 bodies and wetlands as anoropriate to enhance
preserve the ecological quality and integrity
8 the water resource. Such protection areas sho
be sufficiently wide to prevent harm to wa
10 quality, water quantity, hydrology, wetlands. a
aquatic or wetland dependent wildlife fr
12 activities managed as part of a SWIM P1
basin-specific management plan. or Disti
14 rules.
(2) Factors on which the width of the protect
16 areas shall be based include:
(a) The biological significance of the w
18 lands and uplands adjacent to the des
nated water body. including the nesti
20 reproductive, and shelter needs of aqua
species and wetland-dependent wildlife s
22 cies.
(b) The sensitivity of these species to disti
24 bance, including the short-term and loT
term adaptability to disturbance of both re
26 dent and migratory species.
(c) The susceptibility of the protection are
28 to erosion including characteristics of t
slope, soils, runoff, and vegetation.
Specific Authority: 373.026, 373.043. F.S.
32 Law Implemented: Part IV. 373. F.S.
History: New

38 17-40.510 Florida Water Plan.
(1) The Department shall formulate an int
40 grated, coordinated Florida Water Plan for ti
management of Florida's water resources. Th
42 scope of the plan shall include the State Wat
Use Plan and all other water-related activities
44 the Department and Districts. It shall i d
consideration to the factors in Sectio
46 373.036(2)(a). F.S. and shall emphasize:
(a) Consistent state policies for the prote.
48 tion and management of the environment,
fb) Water conservation,.
50 (c) Pollution prevention

(d) The reuse of reclaimed water.

52 (e) Protection of the functions of entire eco-
,an- logical systems through enhanced coordina-
ps-54 tion of public land acquisition, regulatory,
.2 and planning programs.
Sr 56 (f) Interagency coordination and cooperation.
of (2) The Florida Water Plan shall be developed i
u58 coordination with District Water Management
ter 'Plans and include, at a minimum:
om 60 (a) Department overview, including a discus-
om sion of the interrelationships of Department
i62 and District programs;
(b) Water management goals and responsi-
ion64 abilities. including the following areas of re-
66 (i) water supnlv protection and man-
ig- agement,
n68 (ii) flood protection and management,
Lti (iii) water quality protection and man-
pe 70 agement. and
(iv) natural systems protection and
ur- 72 management:
(c) Statewide water management implemen-
si-74 station strategies for each area of resonsibil-

s76 (d) Intergovernmental coordination, includ-
he ing the Department's processes for general
78 supervision of the water management dis-

80 (e) Procedures for plan development, includ-
ing public participation:
82 (f) Methods for assessing program effective-
84 (g) Linkages to Department rulemaking.
budgeting, program development, and legis-
86 lative proposals;
(h) Strategies to identify the amount and
88 sources of supplemental funding to imole-
S ment the programs identified in Chapter
90 373. District Water Management Plans, this
1e Chapter, and any delegated programs.
f92 (i) Chapter 17-40. F.AC., State Water Policy:
E (i) Appropriate sections of the District Water
rn94 Management Plans.
(3 The orida Water Plan shall be developed ex.
c96 peditiously and may be phased. It shall be com-
plDieted byJuly 1. 1995.
98 (4) At a minimum, the Florida Water Plan shall
be updated every five years after the initial plan
100 development. Annual status reports on the Plan


- -- -- -- ___

August 5, 1993 Draft: DelIeioaa Additions Transfers

shall also be prepared by the Department.
Specific Authority: 373.026. 373.043. F.S.
4 Law Implemented: Part IV. 373. F.S.
History: New
17-40.60+52= District Water Management
8 Plans.
(1) As required by Section 373.036(4), F.S., a lon
10 range comprehensive water management plan
shall be prepared by each District which is
12 consistent with the provisions of this Chapter
and Section 373.036, Florida Statutes. District
14 Water Management Plans are comprehensive
guides to the Districts in carrying out all their
16 water resource management responsibilities,
including water supply, flood protection, water
18 quality management, and protection of natural
systems. The plans shall provide general direc-
20 tions and strategies for District activities, pro-
grams, and rules. They will be implemented by a
22 schedule of specific actions of the District, such
as program development, water resource projects.
24 land acquisition, funding, technical assistance
facility operations. and rule development.
-- 26 (2 LThe District plan shall include an assessment
of water needs and sources for the next 20 years.
28 The District plan shall identify specific geo-
oaarVnoi oracoa t'ko hoaxe water resource prob-

y f) J

7Wxtn ~i/X
a_ 1

Critical or are antici-
within the next 20 years,
source caution areas.
wat er. 1 ply. L1 p e.84
ution areas needed for8
airements pursuant to
F.A.C., may be ac-
:ation of the complete88

M (3) Based on economic, environmental, and
40 technical feasibility analyses, a course of reme-92
dial or preventive action shall be specified for
42 each current and anticipated future criticali
44 () 41 Remedial or preventive measures may in-96
clude, but are not limited to, water resource pro-
46 jects; water resources restoration projects pursu-98
ant to Section 403.0615, Florida Statutes; pur-
48 chase of lands; conservation of water; reuse of rel00
claimed water; enforcement of Department or
50 District rules; and actions taken by local govern-
ment pursuant to a QJocal Ggovernment Gcom-
52 prehensive plan, local ordinance, or zoning

54 () 5 District Plans shall also provide for identi-
fying areas where collection of data, water re-
56 source investigations, water resource projects, or
the implementation of regulatory programs are
58 necessary to prevent water resource problems
from becoming critical.
60 (6)B N m .... ,_I 10o80 each DrLi&c'LA -l p.e-

62 %f thm DiPtri9t Plan.
(6) District plans shall address, at a minimum.
64 the following subjects:
(a) District overview:
66 (b) Water management goals:
(c) Water management responsibilities, in-
68 eluding:
(i) Water supply protection and man-
70 agement, to include needs and sources.
identification and mapping of recharge

areas, high recharge areas, and prime
recharge areas. source protection, and
levels of certainty for supply;
(ii) 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 flood-
(iii) Water quality protection and man-
agement for both surface water and
ground water. This shall include the
District's strategies, priorities, and
schedules to develop pollutant load re-
duction goals. and
fiv) Natural systems protection and
management. including a schedule for
establishing minimum flows and levels,
considering ground water availability
and surface water availability. The
schedule shall include the current
status of determining minimum flows
and levels in the District and a schedule
for establishing minimum flows and
levels for a priority selection of surface
waters and ground waters in the
(d) For each water management
responsibility, the following shall be


I '"I

August 5, 1993 Draft: Beletiona Additions Transfers

(i) Resource assessments, including
2 identification of regionally significant
water resource issues and problems.
4 determinations of the need for ground 5
water basin resource availability inven-
6 tories in various portions of the District. 5
and a schedule for recharge manning
8 and recharge area designation. The re-6C
charge schedule shall include the
10 current status of recharge mapping and 62
recharge area designation in the
12 District. a process for expanding and64
improving the current status, and a
14 schedule for completion of recharge
mapping in the District.
16 (ii) Evaluation of options: 68
(iii) Water management policies for
18 identified issues and problems: 70
(iv) Implementation strategies for each
20 issue and problem. including tasks, 72
schedules, responsible entities, and
22 measurable benchmarks. 74
(e) Integrated plan. describing how the
24 water problems of each county in the District 76
are identified and addressed.
26 (f) Intergovernmental coordination, includ-78
ing measures to implement the plan through
28 coordination with the plans and programs of80
local, regional state and federal agencies
30 and governments. 82
(g) Procedures for plan development, includ-
32 ing definitions and public participation. 84
(7) District Plans shall be developed expeditiously
34 and may be phased. All District Plans shall be
completed accepted by the Governing Board no8
36 later than November 1, 1994. A District Water
Management Plan is intended to be a planning88
38 document and is not self-executing.
()iS1 At a minimum, district Plans shall be up-90
40 dated and progress assessed every five years
after the initial plan development. Each District9
42 shall include in the Plan a procedure for evalu-
ation of the District's progress towards imple-94
44 meeting the Plan. Such procedure shall occur at
least annually and a copy of the evaluation shall 96
46 be provided to the Department each year by
November 15 for review and comment. 98
48 (9) Plan development shall include adequate op-
portunity for participation by the public and gov100
50 ernments. The Districts shall initiate public
workshops at least four months before Plani02
52 acceptance by the Governine Board. At the

workshops, a preliminary list of schedules to be
I included in the Plan shall be presented.

Specific Authority: 373.026, 373.043, F.S.
Law Implemented: 189.4156, 373.036(4),
S373.0391(2Xe), 403.064, F.S.
History: New 5-5-81. Previously numbered as 17-
S40.09. Amended 12-5-88. Previously numbered as 17-
40.090, Amended 8-14-90, 12-17-91. Previously
numbered as 17-40.501. Amended.

17-40.530 De artment Review of District
Water Management Plans
(1) After acceptance by the Governing Board of a
District. District Plans shall be submitted to the
(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 rec-
ommendations 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. 373.043. F.S.
Law Implemented: 373.036(4), 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 Depart-
ment 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 aualitv data base (STORET) shall be the


August 5, 1993 Draft: Deletios Additions Transfers

central repository of the state's water oualitv52
2 data. All appropriate water quality data collected
by the Department. Districts. local governments 54
4 and state agencies shall be placed in the STORET
system within one year of collection. 56
6 (4) The Department's biennial State Water Qual-
ity Assessment (the "305(b) Report") shall be the58
8 state's general guide to water oualitv assessment
and should be used as the basis for assessments60
10 unless more recent, more accurate, or more de-
tailedinformation is available.62
12 (5) Appropriate monitoring of water quality and
water withdrawal shall be required of permittees. 64
14 (6) The Districts shall implement a strategy for
measuring, estimating, and reporting withdrawal 66
16 and use of water by permitted and exempted
users. Thresholds for measurement requirements 68
18 and reporting applicable to permittees shall be
established and adopted bv rule. 70
20 (7) The Department and the Districts shall
coordinate in the development and implementa-72
22 tion of a standardized computerized statewide
data base and methodology to track activities74
24 authorized b environmental resource ermts in
wetlands and waters of the state. The data base76
26 will be designedto provide for the rapid exchange
of information between the Department and the78
28 Districts. The Department will serve as the
central repository for environmental resource 80
30 permit data and shall specify the data base
organization and electronic format in which the82
32 data are to be provided by the Districts.
34 Specific Authority: 373.026. 373.043. F.S.

Law Implemented: 373.026(2). F.S.
36 History:New




42 17-40.60*610 Review and Application.
(1) This Chapter shall be reviewed periodically,
44 but in no case less frequently than once every
four years. Revisions, if any, shall be adopted by
46 rule.
(2) Within 12 months after adoption or revision of
48 this Chapter, the Districts shall have revised
their rules and reviewed their programs to be
50 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 shall initiate rulemaking pursuant to
Chapter 120, Florida Statutes, to consider
changes the Department determines to be neces-
sary to assure consistency with this Chapter.
The Department shall be made a party to the
(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 or pro-
gram review to consider implementation of pro-
grams 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 intru-
sion, 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)f8) The Department and Districts shall assist
other governmental entities in the development
of plans, ordinances, or other programs to pro-
mote consistency with this Chapter and District
water management plans.
(C) D udicaton of w1at1er qality a 4nd quality per
minting functionl should be eliminated where ap
prop riat Llt iIgh, jdlgtion uf Department re

(,) Then DepartiLLRent and DtrictL s SA1 ld ait

e d "c a ti on" a lcA rrAc %la& a nd"L S a r .L h k g as'L
4whikh meet .rida'S p L ft present ure water

90 mna .-gement need .

92 Specific Authority: 373.026, 373.043, F.S.
Law Implemented: 373.016, 373.033, 373.042, 373.106,
94 373.114, F.S.
History: New 5-5-81. Previously numbered as 17-
96 40.10. Amended 12-5-88. Previously numbered 17-
40.100. Amended 12-17-91. Previously numbered as
98 17-40.601, Amended.



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