Title: Governing and Basin Boards Planning Committee Meeting. Summary Agenda. July 28, 1993, and Chapter 17-40 Water Policy Draft: Deletions, Additions, Tran
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Title: Governing and Basin Boards Planning Committee Meeting. Summary Agenda. July 28, 1993, and Chapter 17-40 Water Policy Draft: Deletions, Additions, Tran
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July 28, 1993



Staff will provide an update on the second meeting of the Governing and Basin Boards
Planning Committee meeting held on July 15, 1993. Staff will also seek Committee input on
future topics to be addressed by the Committee.

Staff Recommendation:

This item is presented as a matter of information and action is not required.

Presenter: Richard S. Owen, Director, Planning Department


Staff will present a preliminary outline of the fifth "area of responsibility" for the District
Water Management Plan: Management Support. This element of the Plan, originated by the
District, is intended to ensure that management support (or administrative) services effectively
and efficiently contribute to the realization of the mission to manage and protect water
,^ resources. Staff will be seeking Committee input and guidance, especially as to the topics that
should be addressed in the section. Topics already identified include, but are not limited to,
Quality Service, Work Force Diversity and Operational Efficiency initiatives.

Staff Recommendation:

This item is presented as a matter of information and action is not required.

Presenter: B. Terry Johnson, Manager, Strategic Planning, Planning Department


The Department of Environmental Protection (DEP) has produced a draft of the revised State
Water Policy (see exhibit for this item) for input by the water management districts and others.
Staff has been actively involved in working with the DEP staff, and will present the
Committee with an overview of the process to date and how it may affect the District.

Staff Recommendation: See Exhibit for this Item

This item is presented as a matter of information and action is not required.
Presenter: Richard S. Owen, Director, Planning Department
Jan McLean, Assistant General Counsel


The Committee will develop an agenda for its meeting in August.



July 12,1993 Draft: Ble91ti Additions transfers

(c) Water managment responsibilities inluding: (f Procedures for pan development L cludin
2 (i) Water supply prtection and manannt. 54 definitions and public pztiipadion.
o include needs and sourcs, identification (6 District Plans shall be developed expeditiously and
4 and mapping ofrecharg e areas, high recharge 56 may be phased. All District Plans shall be competed
areas and prime _echiare areas, source agcpted by the Governing Board no later than Novem-
6 protect and levels of certainty for supply 58 ber 1, 1994. A Ditic Water Managemeat Plan is not
(ii) Flood _rotetion and management, self-ey. ting and the accevtancg of it by the Govcring
8 including facilities and floodplain mapping 60 Boad does no constitute a ule or an order.
nd management; (~)l8 At a minimum, district Plans shall be updated and
10 (iii Water quality protection and management 62 proressassesse every five years after the initial plan
for both surface water andgrond water. This development. ah Districtsha include in the Pla a
12 shal include the Distrits strategies 64 procedure f evaluation of the District's process
priorities and schedules to develop pollutant towards implementing the Plan. Suh procedure sha
14 load reduction goals, and 66 o at least annually and a copy ofthe evaluation shall
(iv) Natura systems protectiq and beroided to. the Deatment eachYer by November
16 mana t, including a schedule for sta68 5 for reviewand c meant.
lishini m minimum flows and leve considerr 9) Plan development sIal include adequate portunity
18 ing ground watcr availability and surface70 for articipation by the public and governments
water availability. The schedule sha2lincude
20 the current status 1odetrmining minimum 72 17-4053Department Review of District Water Man-
flows and levels in the Disrict and a schedule asenmnt Plans
22 for establishing ziimum flows and eys74 (1) After acceptance by the Goveming Board of a
for a prionty selection of surface waters and striL District Pla hal be submitted to the
24 ground waters in thepJDinct. 76 Depament.
v)esource assessments, incudin identifi- 2) Within six. s after recei of a Plan for review
26 cation ofLegionally sinificant water source 78 the Deartment shall eview each Planfor cnsistenc
issues and oblems, determinations of.the with this Chapter and recommend any changes to the
28 need for around yc basin resource GoeingBoad.
availability inventoesinarious portions of
3(3) Aflerconsideration of the cn unts and recom
30 the District, and a scheme for rechareons
in and rechare area desinain. Th82 m nations of the Dpartment the Governing Board
32 r e h le shall include t within si das. either incorrat the
3sta s eha h l4a recommended changes into the Plan or state inthe an.
status ofrechar= g matping and rechare area
34 desigeationJinrte District a rocess for with specifiityi.the reasons f.r no incorporating the
expanding and im oving the current status, 6 hae
36 and a schedule for comltion of recharge (4) Plan amendmegts shall follow the sam process as
mapping i the District. 88 initial Plan acceptance
38 (vi) EvaluationM of otions:
Wi_ Waer management policies foridentified 90 17-40.540_Watlr Data
40 issues and poblein: (1) All local gen ents. water management districts.
(viii) Imlementation strategies or each issue 92 and sate agencies are directed by Section 373.026(2)
42 and problems including tasks, schedules, F.S., to oopcrate with the Depatment in making
responsible entities, and measurable bench-94 available to the Department such scientific or factual
44 marks. data as they may possess. The Department shall
d)Intm ated plan. descibin how the water 96 resri~ the format and ensure the quality control for all
46 problems of each county in the District are t.qqli data collected or submitted.
identified and addressed. 98 (2) TheDepartment is the state's ea water quality
48 (c) Interzovernmental coordixatogn, including monitoeg a~e. cd central n reposito srce
measures to implement the ln through shll rdinate Depatm t, District sate anc nd
50 coordination with the ans and ororam of o02 l government water quality otori activities to
regional, state and federal agencies imnu. d t a t.
29 .e. impmve data andreduce costs:



69047546874 P.15

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July 12, 1993 Draft: Detiees Additions Transfers

(a) Consistent statepolicies for the protection and 50 1740. 1520 District Water Management Plans.
2 manaR enlt of the environment (1) As required by Section 373.036(4), F.S., a longrange
(b) Water conservation. 52 compehensive water management plan shall be
4 (C) Pollution preveation prepared by each District which is consistent with the
(4) Protection of the functions of entire ecological 54 provisions of this Chapter and Section 373.036, Florida
6 ~stcms through enhanced coordination of publi Stattes. District Water Manament Plans are co -
lnd acquiasition, rezal and van 56 hensive uides to the Diisncts in carrying out all their
8 .ams water p urce management responsibilities, including
o d 58 water sugppi. flood protection, watr quality manage-
(e) Interagen coordination andcooperaion. mernt and rotction of natural sstcms. The plans sha
10 (2) The FloridaWater Plan shall be developed in coordi- 60 provideeneral directions and stratgies for District
nation with District Watcr Management PIans and activities, Proams. and rules. Th will be impe-
12 include, at a mininm 62 mcnted by a schedule of specific actions f the District
(a) Department overview, cuding a discussion of such as program development watexresour projects.
14 the interrelationships ofLDepartrent and District 64 land acquisition, fding, technicalassi,~ stp, facility
rorams: operations. and rle development
16 (b) Water management goals and respnsibilities. 66 2)_The District plan shall include an assessment of
including the following areas ofrespopsibilitice: water needs and sources for the next 20 years. The
18 i) water supply protection and manaement 68 District plan shall identify specific geographical areas
(ii) fl ood pretion and management, that have water resource problems which have bcoome
S70 critical or are anticipated to become critical within the
20 (iii) waterqualityprotection and management next 20 years, to recalled water resource caution reas.
and 72 Identification of riticl wat"-r supply proble-m ',a-W
22 (iy) natural systems potction and waterLreso2ur cautionaas needed for imposition of
.managcm ent: 74 reuse requirements pursuant to Rule 17-40.401(5),
24 (c) Statewide water management implementation F.A.C., may be accomplished before publication of the
strategies for each area ofesonsibilityv 76 complete district Plan.
26 (d) Intergovernmental coordination including the (2) 3} Based on economic, environmental, and technical
Department' processes for generalsupervision of78 feasibiity analyses, a course of remedial or preventive
28 the water management districts action shall be specified for each current and anticipated
(e) Procedures for plan development iRcluding 80 future er -p problem.
30 publicparticipation: (3) (4) Remedial or preventive measures may include,
(f~ Methods for assessingprogr effectiveness; 82 but are not limited to, water resource projects; water
32 (g) Linkages to D department rulemakingbudgetin. resources restoration projects pursuant to Section
program development andleislative proposals; 84 403.0615, Florida Statutes; purchase of lands;
conservation of water, reuse of reclaimed water,
34 .)Stratgies to identify the amount and source of 86 enforcement of Department or District rules; and actions
supplemetal finding to implement the porams taken by local government pursuant to a bocal
36 identified in Chapter 373. District Water 88 Ggovernent Geomprehensive plan, local ordinance, or
Management Plans, this b Capter, and any zoning regulation.
38 del~eatcd programs.
38 A S A St90 (4) (1 District Plans shall also provide for identifying
(i) Chapter 74. F.A.C.. State Water Polic areas where collection of data, water resource in-
40 (i) Appropriate sections of the District Water 92 vestigations, water resource projects, or the im-
Manaaement Plans. plementation of regulatory programs are necessary to
42 (3) The Florida Water Pla shall be developed expedi- 94 prevent water resource problems from becoming critical.
tiously and may be phased. It shall be completed by Jutly (5)By Nov-metr 1, 19 oo ,oh Ditri- t zh.,ll pr.pre a
44 1995. 96 tald f

(4) At a minimum. the Florida Water Plan shall be up
S46 dated_ everyfi e eafle after the initial plan development
Annual status reports on thelan lsha .ai~so be repair
48 by the Department.

98 (6) Disrict plans shall address, a minimum, the
d following subjects:
100 (a) District oveie
b) rWater management goals:



69047546874 P.14



July 12,1993 Draft: e etiee. Additions Transfers

date of issuance of the PDES permit to
2 the ownerof a mnicipal separate storm
sewer sstm such that an interim
4 pollhtant load reduction oal is
established priorto tohe first renewal o
6 the NPDES stormwater enit
These goals shall be considered in local compre
8 hensive plans submitted or updated in accordance
with Section 403.0891(3)(a), F.S.
10 Specific Authority: 373.026, 373.043, 403.061,403.087, F.S.
Law Implemented: 163.3161-163.3243, 186, 187, 373.016,
12 373.046, 373.114, Part IV, 373, 403.061, 403.0891, F.S.
History. New 2-20-91.
17,, .405450 Flood Protection
16 (Re ed

18 417.0,4458 Flood Plain Management

22 17-40.470 Natural Systems Protection ani
24 (Esrve)

26 17-40.45473 Minimum Flows and Levels.
(1) In establishing minimum flows and levels pursuant t<
28 Section 373.042, consideration shall be given to the
protection of water resources, natural season
30 fluctuations in water flows or levels, and environmental
values associated with coastal, estuarine, aquatic, anc
32 wetlands ecology, including:
(a) Recreation in and on the watcr,
34 (b) Fish and wildlife habitats and the passage o:
36 (c) Estuarine resources;
(d) Transfer ofdetrital material;
38 (e) Maintenance of freshwater storage and supply;
(f) Aesthetic and scenic attributes;
40 (g) Filtration and absorption of nutrients and other
42 (h) Sediment loads;
(i) Water quality; and
44 (j) Navigation.
(2) Established minimum flows and levels shall be
46 e esidt~etion protected where relevant to:
(a) The construction and operation of water re
48 source projects;

(b) The issuance of permits pursuant to Part IL Part
S50 IV, and Section 373.086, Florida Statutes; and
S (c) The declaration of a water shortage pursuant to
;52 Section 373.175 or Section 373.246, Florida
" Statutes.
Specific Authority: 373.026, 373.043, 403.805, F.S.
'56 Law Implemented: 373.016, 373.042, 373.086, 373.175,
373.246, F.S.
58 History. New 5-5-81. Previously numbered as 17-40.08.
Amended 12-5-88. Previously numbered 17-40.080.
1740.475 Protction Areas for Surface Waters
62 () As part of SWIM Plans or basn-specific man
aemen.t pla. the districts are eouraed to establish
64 protection ares adioinin a saface water bodies and
wetlands as appropriate to enhance or preserve the eco-
66 logicaluality and intcgMity of the water resource. Such
protection areas should be sufficiently wide to prevent
68 hanm to water quality water_ uantity hydroloy.
wetlands and a uatic or0wetla~d dependent wildlife
70 from activities managed as part of a SWIM Plan.basin-
S Specific management plan orJDistrictrules.
72 (2) Factors on which the width of the protection areas
shallbe basedinclud;
74 (a) The biological significance of the wetlands and
uplands adjacent t the desisated water body in-
76 ciuding they esting. repxoductiv. and shelter needs
S of abuatic c ies and ylad.ependent wildlife
178 specieS
l (b) The sensitivity of these species to disturbance.
180 including the shortterm and long-term adaptabilitv
to disturbance of both resident and minatory
82 seis.
f (c0)The susc9 tibility of the Drotection areas to ero-.
84 sionjincludin characteristics of the slope, soils,
runoff.and vegetation.

17-40.510 Florida Water Plan.
92 (1) The Department shall formulate an integrated.
coordinated Florida Water Plan for the management of
94 Florida's water resources. The scope f the lan shall in-
elude the State Water Use Plan and all other water-
96 related activities of the Departjmnt and Districts. It shall
S give due consideration to the factors in Section
98 373.036(2)(a). F.Sand shall emphasize:





JUL-12-1993 10:09 FROM .,NR LEGAL OFFICE

July 12, 1993 Draft: D eeti.n Additions Transers

provements to avoid increased damage to off- 52
2 site property, water resources, natural systems
or the public caused by: 54
4 a. floodplain development, encroachment
or other alteration; 56
6 b. retardance, acceleration or diversion
of flowing water;
8 c. reduction of natural water storage60
10 d. facility failure; or 62
e. other actions adversely affecting off-
12 site water flows or levels. 64
(4X)g Minimum Stormwater Treatment Performance
14 Standards. 66
(a) When a stormwater management system
16 complies with rules establishing the design and 6
performance criteria for itormwater management
18 systems, there shall be a rebuttable presumption 70
that such systems will comply with state water
20 quality standards. The Department and the 7
Districts, pursuant to Section 373.43648 F.S.,
22 shall adopt rules that specify design and 74
performance criteria for new stormwater
24 management systems which: 76
1. Shall be designed to achieve at least 80
26 percent reduction of the average annual load 78
of pollutants that would cause or contribute to
28 violations of state water quality standards. 80
2. Shall be designed to achieve at least 95
30 percent reduction of the average annual load 82
of pollutants that would cause or contribute to
32 violations of state water quality standards in 84
Outstanding Florida Waters.
34 3. The minimum treatment levels specified in 86
subparagraphs 1. and 2. above may be re-
36 placed by basin specific design and 88
performance criteria adopted by a District in
38 order to achieve the pollutant load reduction 90
goals established in paragraph (c).
40 (b) Erosion and sediment control plans detailing 92
appropriate methods to retain sediment on-site shall
42 be required for land disturbing activities. 94
(c) The pollutant loading from older stormwater
44 management systems shall be reduced as necessary 96
to restore or maintain the beneficial uses of waters.
46 The Districts shall establish pollutant load 9g
reduction goals and adopt them as part of a SWIM
48 plan, other watershed management plan, oq00
District-wide or basin specific rules.
50 y W,.rci.d rn.ana rall ..t.o.sho" dn l02
Uaulu c.~ 7;SwetA 1 ~* hed~1 ~CI; I

i#3-An RUM I RagNM withgA tlk-EPAb statinZO

(e) Watershed specific stormwater pollutant load
reduction goals shall be developed for older
stormwater management systems on a priority basis
as follows:
:' At--

~L1~1C ~ichmL~ Im R22 A ru-f-m- im dqr
WP "- db Ab04baweffe

2 0ca01 10l lCAI IM 9 do9lod t9' 1991 fcr

rSWIM -Iter- odo that hab an a
SWIM a pl- r~in -ord tha t %dbo n ot rNe ive

to atbin Np EImv~at~r dii"Kbxa:

1. interim pollutantload reduction goals will
be established for all water bodies having
approved _WM plans.
a. For SWIM water bodies with plans
originally adoptjd before Janua.~ 1.
1992. interim pollutan load reduction
goals and a schedule for development of
thepollutant load reduction eoa shall be
establishkd by Decmerm 31. 1994.
b. For SWIM water bodieswith plans
_oriinally adopted gatr january 1. 1992.
interim ollutantload educion goals
nd a schedule for development of the
pollutant load reduction goal shall be
established within thre as of the
plan's original adoption date.
2. Each Pitrivt shall develop water body
specific ollutant load reduction goals for
non-SWIM water bgdis on a priority basis
according to a schedule prvided in the
District Wate na ent Plan.
.& The list of water bodies and the
schedule shall be developed by each
Disict giving priority consideration to
water dies that receive discharges from
stormwatr manageenatttS tmns that are
required to obtain a 1PDES municipal
tormwater discharge prmit.
b. The schedule shaLbe based upon the


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P. 12



July 12,1993 Draft: -eletie Additions Transfers

Elimination System (NPDES Opram. whe-pane.w1 54
2 pLp.M e Lh.h bfe. o wd0 --pl lutant clsheyW %f'

4 wft' i' mtorc .I.....A. ma..ti.ed ..JL
mrurl~rrbhA stafe- w tw alf ^rdcv WafteYrshed 58
6 mana _menmtgo shall be include in the District
water Management P s. 60
8 (~1 Stormwater Management Program Implemen-
tation. As required by Section 403.0891, F.S., the62
10 Department, Districts and local governments shall
cooperatively implement on a watershed basis a64
12 comprehensive stormwater management program
designed to minimize the adverse effects of stormwater66
14 on land and water resources. All such programs shall be
mutually compatible with the State Comprehensive Plan 68
16 (Chapter 187, Florida Statutes), the Local Government
Comprehensive Planning and Land Development Regu-70
18 nation Act (Chapter 163, Florida Statutes), the Surface
Water Improvement and Management Act (Sections72
20 373.451-.4595, F.S.), Chapters 373 and 403, F.S., and
this chapter. Programs shall be implemented in a
22 manner that will improve and restore the quality of
waters that do not meet state water quality standards and
24 maintain the water quality of those waters which meet or
exceed state water quality standards.78
26 (a) The Department shall be the lead agency
responsible for coordinating the statewide
28 stormwater management program by establishing8
goals, objectives and guidance for the development
30 and implementation of stormwater management2
programs by the Districts and local governments.
32 The Department shall irmlement the state's 84
stormwater management proam in Districts
34 which have not bee delegated the states storm -g
water program .
36 (b) The D.istricts which have beedelegated the 8
state's stormwater program shall be the chief
38 administrators of the state stormwater management
program. The Depaartmet or the Districts shall set90
40 regional stormwater management goals and
policies on a watershed basis, including watershed 92
42 stormwater pollutant load reductions necessary to
preserve or restore beneficial uses of reciving94
44 waters. Such goals and policies shall be
implemented through District SWIM plans, 9
46 through preparation of watershed management
plans in other designated priority watersheds and
48 through appropriate regulations.
(c) Local governments shall establish stormwate0
50 management programs which are in accordan c
with the state and District stormwater quality an 02
52 quantity goals. Local governments may establish
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, to ensure that stormwater systems
are properly operated and maintained.
(d) Water control distrits created pursuant to
Chapter 298. F.S.. and other special districts as
definedin Section 218,31() F.S.. which .ave
water management powers, shall establish a
stormwater management roram within their
geographical beaudaries consistnt with the
aDaro ria"te locattelvent entatormate Parogram
and adopted local movement cn mprehensive plan
and in accordance with the state and District
stonnwater quality and quantity goals.
(3X4 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.
(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, estuaries, and
other environmentally sensitive lands;
d. reasonable-beneficial uses of water;
e. recreation;
g. saltwater or pollution intrusion,
including any barrier line established
pursuant to Section 373.033, P.S.;
h. minimum flows and levels established
pusuant to Section 373.042, F.S.;
L other factors relating to the public
health, safety, and welfare;
2. Whether the facilities meet applicable de-
sign or performance standards;
3. Whether adequate provisions exist for the
continued satisfactory operation and mainte-
nance of the facilities; and
4. The ability of the facilities and related im-

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69047546874 P.11


July 12, 1993 Draft: B~Deeie Additions Trasfers

(e) The measpet asfer plan incorporates a re-
2 gional approach to water supply and distribution in-
eluding, where appropriate, plans for eventual
4 interconnection of water supply sources; and
(f) The trenspet tansfe is otherwise consistent
6 with the public interest based upon evidence pre-
8 (3) The interdistrict transfer and use of grouudwater
must meet theraioremurents oSection 3732295 Florida
10 Statutes.

12 Specific Authority: 373.026, 373.043, 403.805, F.S. Law
Implemented 373.016, Part I, 373, F.S.
14 History: New -5-81. Previously numbered as 17-40.05.
Amended 12.5-88. Previously numbered 17-40.050.

18 17-40.424 Wellhead Protection
17-40.40430 Water Quality Protecon sad
22 Mnagement
^, (1) Water quality standards shall be enforced pursuant to
24 Chapter 403, Florida Statutes, to protect waters of the
State from point and non-point sources of pollution.
26 (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.
30 Law Implemented: 373.039, 403.021, F.S.
History. New 5-5-81. Previously numbered as 17-40.06.
32 Amended 12-5-88. Previously numbered 1740.060.

34 17-40.404432 Surface Water Protection and
36 (1) Surface Water Protection and Managcmcnt Goals.
The following goals are established to provide guidance
38 for Department, District and local government
stormwater management programs:
40 (a) It shall be a goal of surface water management
programs to protect, preserve and restore the
42 quality, quantity and environmental values of water
resources. A goal of surface water management
44 programs includes effective stormwater
management for existing and new systems which
46 shall seek to protect, maintain and restore the funo-
("^tions of natural systems and the beneficial uses 01
48 waters.
(b) The primary goals of the state's stormwatel
50 management program are to maintain, to the

maximum extent practicable, during and after
52 construction and development, the pre-development
stormwater characteristics of a site; to reduce
54 stream channel erosion, pollution, siltation,
sedimentation and flooding; to reduce stormwater
56 pollutant loadings discharged to waters to preserve
or restore beneficial uses; to reduce the loss of fresh
,58 water resources by encouraging the rouse of storm-
water, to enhance ground water recharge by
60 promoting infiltration of stormwater in areas with
appropriate soils and geology, to maintain the
62 appropriate salinity regimes in estuaries needed to
support the natural flora and fauna; and to address
64 stormwater management on a watershed basis to
provide cost effective water quality and water
66 quantity solutions to specific watershed problems.
(c) Inadequate management of stormwatcr
68 throughout a watershed increases stormwater flows
and velocities, contributes to erosion and
70 sedimentation, overtaxes the carrying capacity of
streams and other conveyances, disrupts the
72 functions of natural systems, undermines floodplain
management and flood control efforts in down-
74 stream communities, reduces ground water ro-
charge, threatens public health and safety, and is
76 the primary source of pollutant loading entering
Florida's rivers, lakes and estuaries, thus causing
78 degradation of water quality and a loss of beneficial
uses. Accordingly, it is a goal to eliminate the dis-
80 charge of inadequately managed stormwater into
waters and to minimize other adverse impacts on
82 natural systems, property and public health, safety
and welfare caused by improperly managed
84 stormwater.
(d) It shall be a goal of stormwater management
86 programs to reduce unacceptable pollutant loadings
from older stormwater management systems,
88 constructed before the adoption of Chapter 17-25,
F.A.C., (February 1, 1982), by developing
90 watershed management and stormwater master
plans or District-wide or basin specific rules.
92 (e) The concept of developing comprehensive
watershed management plans in designated
94 watersheds is intended not only to prevent existing
environmental, water quantity, and water quality
96 problems from becoming worse but also to reduce
existing flooding problems, to improve existing
98 water quality, and to preserve or restore the values
of natural systems.
00 (2) Watershed management goals shall be_developed _b
the District for all watersheds within the boundaries of
o02 each District and shall be consistent with the SWIM
Progam and the EPA National Pollutant Discharge

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6904?5468?4 P.10

TO a


69047546874 P.09

July 12,1993 Draft: Deleties Additions Transfers

(b) Minimizin accounted for waterlosses: 52 rules shall not be deemed to preempt any such local
2 (c) Promotig water onserving{ra structures: reuse programs.
(d) Water conservingplumbina fixtures: 54 ( As required by Section 373.0391(2)(e), F.S., the
4 Xersca and districts shall designate areas that have water supply
A -56 problems which have become critical or are anticipated
(f)Rain sensors. to become critical within the next 20 years. The
6 (2) Maintining public information and education 58 Districts shall identify such iazel w at...pply ,-E aI -
programs for long and short-term water conservation water resource caution areas during preparation of a
8 gAPe 60 District Plan pursuant to Rule 17-40.501, F.A.C., and
(4) Execting provisions to implement the above criteria shall adopt and amend these designations by rule-by
10 and to cosistently apply water shortage restrictions 62 November ,1991
between those Districts whose boundaries contain (;)M The districts shall periodically update their desig-
12 political jurisdictions located in more than one Distrit 64 nations of eriet-l watersupply probem-a- eu water re-
source caution areas by rule. Such updates shall occur
14 17-40.40U46 Water gUcnd Reuse 66 within one year after updates of the District Plan
(1 As required by Section 373.0391(2Xe), F.S., the pr red pursuant to Rue 17-40.501, F.A.C. After
16 districts shall designate areas that have water supply68 completion of the district Plan or updates pursuant to
problems which have become critical or are anticipated Rule 17-40.501, F.A.C., the Districts may limit areas
18 to become critical within the next 20 years. The70 where reuse shall be required to areas where reuse is
Districts shall identify such pl- specified as a remedial or preventive action pursuant to
20 e water res caution areas during p -72 Rule 17-40.501(2), FA.C. Any such limitation of areas
ration of a district Plan pursuant to Rule 17-40. where rese shall be required shall be designated by rule.
22 F.A.C., and shall adopt these designations by rule by74
November 1, 1991. 17-40.40M22 Water Tr.anper Interdistrict Transfer.
24 91 A reasonable amount of reuse of reclaimed water 76 The following shall apply to the transfers of surface and
from domestic wastewater treatment facilities shall be ground water where such transfers are regulated pur-
26 required within designated -.ia4 we---w-- --py -a--"u 78 suant to Part II of Chapter 373, Florida Statutes:
water resource caution areas unless such reuse Is not (1) The trasport gansf or use of sufac water across
28 feasible. 80 District boundaries shall require approval of each in-
(3) The districts shall periodically update their desig- volved District The transfer or_ u of ground water
30 nations of i -ti- rupply-prb e waters re- 82 across District boundaries shall equir approvalof the
urce caution areas by rule. Such updates shall occur Districtwbere the withdrawal of ground water occurs.
32 within one year after updates of the district Plan 84 (2) In deciding whether the aspo transf and use of
prepared pursuant to Rule 17-40.501, F.A.C. After surfg water across District boundaries is consistent
34 completion of the district Plan or updates pursuant to86 with the public interest pursuant to Sections 373.223,
Rule 17-40.501, F.A.C., the Pistricts may limit areas Florida Statutes, the Districts should consider the extent
36 where rouse shall be required to areas where reuse is8 to which:
specified as a remedial or preventive action pursuant to (a) Comprehensive water conservation and reuse
38 Rule 17-40.501(2), F.A.C. Any such limitation of areas 90 programs are implemented and enforced in the area
where reuse shall be required shall be designated by rule. of need.
40 (44) The Districtsin ssui ng consumptive u Pmits, 92 (b) The major costs, benefits, and environmental
sbml take into considertion the local reuserogram. A impacts have been adequately determined including
42 reasonable amount of reuse of reclaimed water from94 the impa on both the supplying and receiving
domestic wastewater treatment facilities may shall be
44 required outside of areas designated pursuant to Rule 17-
4415 ACe to water suppy96 (c) The aRS t .Wansfe is an environmentally and
40.401(5), F.A.C., as subject to- wat- r supply9f
4 economically acceptable method to supply water for
98 Pthe given purpose,
(a) Reclaimed water is readily available; and
(d) The present and projected water needs of the
48 (b) The district has adopted rules forcuse in thes00 supplying area are reasonably determined and can
areas, be satisfied even if the tespet tasf takes
50 5) The Department encourages local governments tq02 place;
implement programs for reuse of reclaimed water. These


--------- I




July 12, 1993 Draft: Deletion Additions Transfers

69047546874 P.08

(1No private property right or interest exists in water in
2 this State. Anv right to use water is obtained srsant to
an exemption or pennit issued puant to Part I
4 Chapter 373. F.S.
(-U2) No permit shall be granted to authorize the use of
6 water unless the applicant establishes that the proposed
use is a reasonable-beneficial use, will not interfere with
8 presently existing legal uses of water and is consistent
with the public interest Any reallocatio of a permitted
10 auantit also requires a permit.
(;3) In determining whether a water use is a reason-
12 able-beneficial use, the following factors will be
14 (a) The quantity of water requested for the use;
(b) The demonstrated need for the use,
16 (c) The suitability of the use to the source of water,
(d) The purpose and value of the use;
18 (e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by
20 adjusting the quantity or method of use;
(g) Whether the impact of the withdrawal extends
22 -to land not owned or legally controlled by the user;
/c (h) The method and efficiency of use;
24 (i) Water conservation measures taken or available
to be taken;
26 (j) The availability of reclaimed water for and the
practicality of reuse, or the use of waters of mon
28 suitable quality;
(k) The feasibility of alternative sources of supply
30 such as water conservation, reuse of reclaimed
ater., vre smesi-l i desalination, stormwate
32 reuse, and aquifer storage~ rechare, and ferieva

34 (1fl The present and projected demand for the
source of water,
36 f*l) The long term yield available from the
source of water,
38 m(a } The extent of water quality degradation
40 (XiQ Whether the proposed use would cause o
contribute to flood damage;
42 fe)l Whether the proposed use would signifi
cantly induce saltwater intrusion;
44 (pf( The amount of water which can be with.
drawn without causing harm to the resource;
," 46 (q3 Whether the proposed use would adversely
affect public health; and
48 (s) Whether the proposed use would adverse
affect ecosystem functions and natural resources.

50 (3)(X4 Water shall be reserved from permit use in such
locations and quantities, and for such seasons of the
,52 year, as is required for the protection offish and wildlife
or the public health or safety.
f54 (5) Water use shall not be allowed to exoced ground
I water availability or surface water avilability
56 f(g) In implementing consumptive use permitting
S programs, the Department and the Districts avre:quired
158 9nder4Sction 1r-7. 101(3), F.M to sbhl recognize the
rights of property owners, as limited by law, to make
-60 consumptive uses of water from their land, and the rights
S of other users, as limited by law, to make consumptive
62 uses of water, for reasonable-beneficial uses in a manner
consistent with the public interest that will not interfere
64 with any presently existing legal use of water.
.(7) Permits authorizing consumptive uses of water
66 which cause unanticipated significant adverse impacts
on off-site land uses, eosystem functions, orwatetand
68 related land sources existing at the time of permit
S application, or on legal uses of water existing at the time
70 of permit application, should be considered for modifica-
s tion, to curtail or abate the adverse impacts, unless the
72 impacts can be mitigated by the permitted.
(8) The rovisios contained in Section 373.233. FS.,
74 entitled "Competig Appications." shall b the sole
method forth allocation of any quantity of water being
76 sought byvand insufficientfor two or morecompeting
\ applications.
:78 (9) Anyrcallocation of an existingpermitted ouantitv of
water shal require a prmit and shall be subject to fll
80 compliance with the applicable ermitting criteria of the
District as~wl as the provisios of Chapter 120.F.S.
17-40.40112 Water Conservation
84 The overall water conservation goal of the state shallbe
to pri nt and reduce wasteful. uneconomical
86 impractica, or unreasonable use of the water resources.
Conservation of water shall be required unless not
88 economically or environmentally feasible. The Districts
shall accmplishthis goalbv
90 (1) Engaging in planing to assst local and regional
governments in conservingsater to meet their long-term
92 needs:
(2) Establishing efficiency standards for urban,
94 industriaL and agriculturaldemand management which
may include the following:
96 (a) Restrictions against inefficient irrigation
t Practices:
98 (b) UTsin uniform time period of 10:00 a.m. to
S 4:00 p.m. when daily restrictions are imposed on
100 irrigation.

------ -- --- -------.---- -.------- -- --------~.-.~ ~.~_.~._~_


69047546874 P.07

July 12,1993 Draft: DO.seos Additions Transfers

able supply of water for all rcasonable-eneficial 52
2 uses. Uses of water authorized by a permit shall be
limited to reasonable-bcneficial uses. 54
4 (2){b Reserve from use that water necessary to sup-
port essential non-withdrawal demands, including 56
6 navigation, recreation, and the protection of fish
and wildlife. 58
8 (~f( Champion and develop sound water
conservation practices and public information 6
10 programs.
(4~(i Advocate and direct the reuse of reclaimed 62
12 water as an integral part of water management
programs, rules, and plans consistent with proteo- 64
14 tion of the public health and surface and ground
water quality. 66
16 (SX)e Encourage the use of water of the lowest ac-
ceptable quality for the purpose intended. 68
18 i Q54 Encourage the development of local and re-
gional water supplies within districts rather than 70
20 transport water across District boundaries.
() Encourage the development of alteative water 72
22 supplies. including water conservation, reuse of
Te-laimed water. dsalination stormwater rese, 74
24 and aqifer storast rcbar.ad recovery.
(*}X Protect aquifers from depletion through76
26 water conservation and preservation of the
functions of high recharge areas. 78
28 (2) Water Qualit Protecion and Manaement
(6)( Restore and protect the quality of ground 80
30 and surface water by ensuring high quality treat-
ment for stormwater and wastewater. 82
32 (9)b) Identify existing and future public water sup-
ply areas and protect them from contamination. 84
34 (3) Flood Protection and Manageent
)al Encourage nonstructural solutions to water 86
36 resource problems and give adequate consideration
to nonstructural alternatives whenever structural88
38 works are proposed.
fU4) an Manage the construction and operation of
40 facilities which dam, divert, or otherwise alter the
flow of surface waters to peeat minimize daage
42 from increased flooding, soil erosion, or excessive
drainage, or habitat alteration, 94
44 f(43S) Encourage the management of floodplains
and other flood hazard areas to prevent or reduce 96
46 flood damage, consistent with establishment and
maintenance of desirable hydrologic characteristics 98
48 and ecological functions of such areas.

designed to preserve hvdrologicall significant
wetlands and other natural floodplain features.
(e) Avoid the expenditue _of public funds that
encourage or subsidize new development or
siciftant expansion of existing development in
high-azard floodareas.
(4) Natural Systems Protection and Managment
f4-) Establish minimum flows and levels to pro-
atct at resources and the environmental values
associated with marine, estuarine, freshwater, and
wetlands ecology.
(-Q), Mitigate adverse impacts resulting from
prior alteration of natural hydrologic patterns and
fluctuations in surface and ground water levels.
(*Ufs 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
f(a) Protect the water storage and water quality
enhancement functions of wetlands, floodplains,
and aquifer recharge areas through acquisition, en-
forcement of laws, and the application of land and
water management practices which provide for
compatible uses.
(b) Empasize the prevention ofpollution and other
water resource problems
(1X)c Develop interstate agreements and under-
take 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.


17-40.401410 Water Supply Protection and
Management WateU-U "nd-, e-e-
The followinM shall apolv to those areas where the use of

(d) Encourage the development and impl100 water is regulated pursuant to Part II of Chapter 373,
50 'mentation of a strict floodlai management Florida Statutes:
program by state rgionaL and local vernments

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



69047546874 P.06

July 12,1993 Draft: e ek e Additions 'efIters

6 Ml Surfce water" means water upon the surface
2 f4.O... .ti di. .t.. n. of the .arth whether contained in bounds created
h*"= o at namraly or arficially or difused. Water from natural
4 --- .. .- -. o- 56 springs shall be classified as surface water when it exits
d:L ..i& GN Cof r---I-:-d--.-- r-- Ar from the spring onto the earth's surface.
6 RE58 ( nrfce wat ailablit eans f pth ptial
s Fire protection; or ti s be.ed or retated
S87. Other useful purpose. 60 ter
(b) Overland flow land application systems, -ts a-a-
10 rapid-rate land application systems providing 62 32) Wat caution ara"mea a ge go
continuous loading to a single percolation cell, area identi-~dby a 9ter mnaementditrct as g
12 other land application systems involving .less 64 xi)tin watCr re o~:tc problems an ra in which
than secondary treatment prior to:application, wat resource nlems aroected tdev.lo duin
14 septic tanks, and groundwater disposal systems 66 the aet twenty YeaS.
using Class I wells injecting effluent or wastes 34(21 "Water" or "waters in the state" means any and
16 into Class G-IV waters shall be eluded from 68 all water on or beneath the surface of the ground or in
S, the definition of reuse. the atmosphere, including natural or artificial
18 (1(23. "Secretary" means the Secretary of the Depan- 70 watercourses, lakes ponds, or diffused surface water and
meant of Environmental Re gtd~tic= oPfte ,ip. water percolaing, standing, or flowing beneath the
72 surface of the ground, as well as all coastal waters within
20 ( 124), "State water quality standards" means water thejurdiction ofthestate.
quality standards adopted by the Environmental
22 Regulations Commission pursuant to Chapter 403,74 (3.(4 "Watershed" means the land area which
Florida Statues, including standards comprised of contributes to the flow of water into a receiving body of
^ 24 designated most beneficial uses (classification of waters), 76 water.
the numerical and narrative criteria applied to the (35) "Watershd management goal" mans an overall
26 specific water use or classification, the Florida anti-78 goal which provides the general st-ategies for the
degradation policy, and the moderating provisions management of water resources within a watershed,
28 contained in Rules 17-3, ad 17-4, .17-302, 17-520. ad 80
17550. F.A.C. Specific Authority: 373.026(10), 373.0391. 373.0395, 373.043,
30 (4$(2S "State Water Use Plan' means the plan formu- 82 403.061(33), F.S.
lated pursuant to Section 373.036, Florida Starutes,-rfe Law Inplancnted 373.016, 373.026(7), 373.114,
32 .m ei 84 403.061(33), 403.0891, F.S.
(8~9 } "Stormwatcr" means the water which results History New 5--81. Previously numbered as 17-40.02.
34 from a rainfall event. 86 Amended 125-88. Previously numbered 17-40.020, Amended
&14-90, 12-17-91.
(-20271 "Stormwater management program" means the
36 institutional strategy for stormwater management
including urban, agricultural, and other stormwater.
38 (% (28 "Stormwater management system" means a90 PART I
system which is designed and constructed or imple- GENERAL PROVISIONS
40 mented to control stormwatcr, incorporating methods to 92
collect, convey, store, absorb, inhibit, eat, use, or reuse
42 stormwater to prevent or reduce flooding, over-drainage.94 1740.310 General Policies
environmental degradation and water pollution or
44 otherwise affect the quantity and quality of discharges The following statement of general water policy shall
from the system. 96 provide a.bsis olicY idance for Department review of
46 (2-2(29) "Stormwater utility" means the entity through water management programs, rules, and plans. Water
which funding for a stormwater management program is 98 nialt programs, rules and plans, where
, 48 obtained by assessing the cost of the program to th 0torha y bica enyr a nd ontally fsible, not contrary
beneficiaries based on their relative contribution to ts tothe public i st and consistent wi Florida law,
50 ned. It is operated as a typical utility which, bills shall, soek to:
services regularly, similar to water and wastewater02 (1) Water Supply
52 services. (aLAssure availability of an adequate and afford-

I_ ___ _

JUL-12-1993 10:03 FROM



July 12,1993 Draft: elaetie Additions Trnsfers

2 (3) "Department" means the Department of Environ-
mental Ig-ulatie- PMrotection
4 (4) 'Detention" means the delay of stormwater runoff
prior to its discharge.
6 (5) "District" means a Water Management District
created pursuant to Chapter 373, Florida Statutes.
8 (6) "District Water IManagement an" mans the long
rage comprehensive water resource mamaement plan
10 peparedbv a District.
(6)Q "Drainage basin" means a subdivision of a water-
12 shed.
(E)X "Effluent", unless specifically stated otherwise
14 means water that is not reused after flowing out of any
wastewater treatment facility or other works used for the
16 purpose of treating, stabilizing, or holding wastes.
(8)f2 "Florida Water Plan" means the State Water Use
18 Plan formulated pMurunt t: Section 373.036, Florida
StatiVe together with the water quality standards and
20 water classifications adopted by the DepartmentinChap
tore-17M 3nd 17302, F..C.
,1af M-a1 4000n% ., 1, .- A ,@ a- %of.
22 (9XQ) "Governing Board" means the governing board
of a water management district
24 ft1)_1)D "Ground water" means water beneath the sur-
face of the ground, whether or not flowing through
26 known and definite channels.
12) "Ground water availability" means the potential
28 quantity of found water which can be withdrawn
without resulting significant adverse impacts to the
30 water resources or associated ecosystems.
(3 "Ground water basin" means a ground water flowI
32 system that has defined oundaries and may include
permeable materials that arc capable of storinm o
34 finishing a significant water supply. 'Te basiin in
ludes both thesurfacarea and the pe-rmeable material
36 ene1blit
(14) "High recharge areas" means areas contribution
38 significant volumes of water which add to the storage
and flow of an aquifer through verticaLmovement fron
40 the land surface. The term significant will var
geographically depending on the hydrologi
42 characteristics ofthat aauifer.
(15) "Interim pollutant load reduction oal" means
44 best iudament numeric estimate of the level of pollutan
load reduction anticipated to result from planned,
46 9orrective actions as an interim step toward the goal o
presrving or restoring designated uses and maintaining
48 water quality consistent with applicable state standards.

52 propriate, for a specific nutrient. Nutrient limitations are
established through an individual permit or other action
54 within the regulatory authority of the Department or a
District. These limitations serve to implement state
56 water quality standards.
(17) pollutantt load reduction goal" means estimted
58 neric reductions in jollutan loagings needede to
reserve or restore designated uses of receiving waters
60 nd maipin water qalitv consictnt with applicable
state standards.
62 (18) Prime recharge areas" means areas that are
generally within. but notlimited to, high recharge areas,
64 tat are significant to present and future grond water
uses inclIudj protection.and maintenance of natural
66 systems and water supply.
42)(19) "Reasonable-beneficial use" means the use of
68 water in *uch quantity as is necessary for economic and
efficient utilization for a purpose and in a manner which
70 is both reasonable and consistent with the public interest
(I3X2) "Reclaimed water" means water that has re-
72 ceived at lease secondary treatment and is reused after
flowing out of a wastewater treatment facility.
74 (14XU "Retention" means the prevention of stormwatcr
runoff from direct discharge.
76 (5X(22) "Reuse" means the deliberate application of
reclaimed water, in compliance with Department and
78 District rules, for a beneficial purpose.
i (a) Fer-example Where aproriate, said uses
!80 may encompass:
1 Landscape irrigation (such as irriga-
82 tion of golf courses, cemeteries, highway
Smedians, parks, playgrounds, school
-84 yards, retail nurseries, and residential
r pperties)
86 2. Agricultural irrigation (such as irriga-
tion of food, fiber, fodder and seed crops,
88 wholesale nurseries, sod farms, and pas-
90 3. Aesthetic uses (such as decorative
ponds and fountains);
S92 4. Groundwater recharge (such as slow
rate, rapid-rate, and absorption field land
94 application systems) but not including
a disposal methods described in-Rale-~-1
96 10.3l0(-15b) FA.C. i n (b) below,
f 5. Industrial uses (such as cooling water,
98 process water, and wash waters);

(14X)l "Nutrient limitations" means those numeric
50 values which establish a maximum or minimum al-
lowable nutrient loading or concentration, as ap-

--- -- --- ~ .~____




69047546874 P.04

July 12,1993 Draft: Deletieem Additions Transfers


4 17-40.110 Declaration and Intent.
(1) The waters of the state are among its basic resources.
6 Such waters should be managed to conserve and protect
natural resources and scenic beauty and to realize the full
8 beneficial use of the resource. Recognizing the
importance of water to the state, the Legislature passed
10 the Water Resources Act, Chapter 373, Florida Statutes,
and the Air and Water Pollution Control Act, Chapter
12 403, Florida Statutes. Additionally, numerous goals and
policies within the State Comprehensive Plan, Chapter
14 187, Florida Statutes, address water resources and
natural systems protection
16 (2) This Chapter is intended to el&aify g~igjwater pol-
icy goalsobiectives. and gu.danoefor the evelmen
18 and review of progras. rules and plans relating
water res forces, as expressed in Chapters 187, 373, and
20 403, Florida Statutes, ead-thewise prWd g-4ui ~td.ene
to to eDcprtmrnt and Districtg in-the development o
22 p IOMf =u2e0 And A3A=G
(3) Thesa policies shall be constredas s whole and no
24 individual policy sall be construed or_ applied i~
isolation from other policies.
26 (4) A goa of this Chaptr is to improve cooriatio
between land and water management Local gov-
28 ernments shall consider state water policy in the
development of their comprehensive plans required by
30 Chapter 163, Florida Statutes, as required by Section
403.0891(3)(a), F.S. Special district which manage
32 water shall consider state water policy in the
development of their plans and rograms. The
34 Legislature has also expressed its intent in Section
373.0395. F.S.. that future growth and developmtme
36 plajnig reflect t the limitations of the avai1ablegrund
water and other water supplies.
38 (5) Itis anobjectiveof the State to protectthe functions
of entire ecologicl systems.
40 (6) Governmeo t services should beprovided efficiently.
Inefficiency resultig from duplication of permtting
42 shall be eliminated where approriate.
(7) Public education, awareness, and partici

52 d--tedBiseietie of Department and District plans.
programs, and rules to assure consistency with the
54 provisions of this Chapter. The procedure for
modification of District rules as requested by the
56 Department shall be asrescribed in Section 373.114.
FS. and applicableprovisions of is Chapter.
t58 (4W,9 It is the intent of the Department, in cooperation
with the Water Management Districts, to seek adequate
"60 sources of funding to supplement District ad valorem
S taxes to implement the provisions of this Chapter.
62 Specific Authority: 373.026(10), 373.043, 403.061(33), F.S.
Law Implemnted: 373.016, 373.114, 403.061(33),
64 403.0891, F.S.
S History: New 5.5-81. Previously numbered as 1740.01.
66 Amended 12-5-88. Previously numbered 1740.001, Amended
8-14-90, 12-17-91.
17-40.120 Department Rules.
170 State water policy shall also include the following
Department rules:
r72 (1) Water Quality Standards, Chapter 17-3, F.A.C.
(2) Surface Water Quality Standards, Chapter 17-302,
)74 F.A.C.
1 (3) Surface Water Improvement and Management,
76 Chapter 17-43, F.A.C.
S (4) Ground Water C asscs.,Standards.and Exemptions,
-78 Capter17-520. F.A.C.
S (5) Drinkng Water Standards. Monitoring, and
80 Reporting. Chapter 17-550. F.A.C.

82 Specific Authority: 373.026(7), 373.026(10), 373.043,
S 403.061(33), 403.805, F.S.
84 Law Implementd: 373.016, 373.114, 403.061(33), 403.0891,
1 F.S.
86 History New 8-14-90.

;88 PART n
.90 17-40.210 Definitions.
S When used in this chapter and in the review of rules of
92 the Districts pursuant to Section 373.114(2), F.S., unless
the context or content of such District rule requires a
94 narrower, more specific meaning, the following words
shall mean:



July 12, 1993 Draft: keletm Additions Tr sfers

17-40.001 Declaration and Intent.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.016, P.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.
Amended 12-5-88. Transferred to 17-40.210.

17-40.030 General Water Policy.
Specific Authority: 373.026, 373.043, 403.805, F.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 I, 373, F.S.
History: New 5-5-81. Amended 2-4-82, 12-5-8.
Previously numbered as 17-40.04. Transferred to 17-

1740.050 Water Transport.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, Part H, 373, F.S.
History. New 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,
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
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. Transferred to 17-40.404.

17-40.080 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, F.S.
History New 5-5-81. Previously numbred as 17-40.08.
Amended 12-588. Transferred to 17-40.405.
1740.001(History) 1740.080(History)

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
2 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.


6904?5468?4 P.03


July 12,1993 Draft: Deletie Additions Transfers


17-40.001 Declaration and Intent, Transferred to 17-
17-40.020 Definitions, Transferred to 17-40.210.
17-40.030 General Water Policy, Transferred to 17-
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
17-40.080 Minimum Flows and Levels, Transferred to
17-40.090 District Water Management Plans,
Transferred to 17-40.501.
17-40.100 Review and Application, Transferred to 17-


17-40.110 Declaration and Intent.
1740.120 Department Rules.
17-40.210 Definitions.
17-40.310 General Policies.
17-40.401410 Water ,se- nd- e Su- yokPtotection

17-40.412 Water Conscrvatio
17-40.416 Water Reuse
17-40.40;422 Water Tansport Tnsf
17-40424 Wellhead Protection
17-40.408 30 Water Quality Protection _and
1740.404432 Surface Water Management.
17-40.450 Flood Protection
17-40,458 Flood PlainManagement
17-40.470 Natural Systems Protectioj and&Management

17-40.45472 Minimum Flows and Levels.
17-40.475 Peion Areas for Surface Waters

1740.510 Forida Water Plan
17-40.50520 District Water Management Plans.
17-40.530 Department Reiew of District Water
Managsrment Plas
17-40540 WaterIData

17-40.601 Review and Application.



69047546874 P.02


July 12, 1993 Draft: eletiees Additions Transfers

(3 TheU, S. Environmental Protection Agency water 52
2 quality data base (STORECT sbal be the central
repository of the sates water quality data. All 4
4 appropriate water qmality data collected by the De,
apartment Districts. loca governments. and stat 56
6 agencies shall be placed iqnthbeSTORET system within
one year ofolction. 58
8 (4) The Deatment's biennial State Water QaiatY
Assesment (the "305(b) Report") shall be the state's 60
10 germralguide to water quality assessmentand should be
used as the basis for sseCsamlets unless more recent 62
12 more accurate, or more detailed information ic available


(5) Approriate motoring of water quality and water 6
withdrawal l be reed ofpermittees.

(6) The Ditricts shall implement a strtegy or 66
16 measuring, ~stimatin. an reporting withdrawal and use
of water by emitted and exempted users. Tresholds 68
18 for measureentrequirements and reporting applcable
to DxDmittees shall be established d adopted by rle. 70
20 (7) TheDepartment and th _Districts shall coordinate in
thedevelopment and implementation of a standardized 72
22 computerized statewide data ba-e aad methodology to
track activities authorized by environmental rcsourq 74
24 permits in wetands and waters of the state. The da_
S base &wilLbe designed to provide for the rapid exchange 76
26 oinformati-onbetween the Department and the Diticts.
The Department will serve as the central roositor for 78
28 environmental resource permit data and hall sh eif the
data base organization and electronic format in which 80
30 the data is to be provide by the Districts.
32 Specific Authority: 373.043, 373.026(2 F.S.

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 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
(6) A District shall initiate rulemaking or program
review to consider implementation of programs pursuant
to Sections 373.033, 373.042, 373.106, Part II, or Part
IV of Chapter 373, Florida Statutes, where the Depart-
ment 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 reason-
able-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.

fun sions chul b lim to whsr appropriate
throughdlegation of Dcportmentm responsibilities t;
9 T Qlo DooArtmnt ond Digtrito should asin t

ation pl currilrn Mrc o~rch prram. which me et

Law Implemented: 189.4156, 84 FlRo"rida' .precnt nd futur e water management n.dA.
34 373.036(4),373.0391(2Xe),403.064, F.S.
History. New 5-5-81. Previously numbered as 17-40.09.86 SpecificAuthority: 373.026, 373.043, F.S.
36 Amended 12-5-88. Previously numbered 1740.090, Amended
8314690 12-41791.P Law Implemented: 373.016, 373.033, 373.042, 373.106,
-14-90, 12-17-91. 88 373.114, F.S.
38 History: New 5-5-81. Previously numbered as 17-40.10.
PART VI 90 Amended 12-5-88. Previously numbered 17-40.100. Amended



17-40.60410 Review and Application.
44 (1) This Chapter shall be reviewed periodically, but in no
case less frequently than once every four years.
46 Revisions, if any, shall be adopted by rule.
(2) Within 12 months after adoption or revision of this
48 Chapter, the Districts shall have revised their rules and
reviewed their programs to be consistent with the provi-
50 sions contained herein.
(3) District rules adopted after this Chapter takes effect



~a6904?5468?4 P. 16

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