Title: Chapter 17-40. Water Policy. June 8, 1993. Draft: Deletions, Additions, Transfers. 19p.
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Title: Chapter 17-40. Water Policy. June 8, 1993. Draft: Deletions, Additions, Transfers. 19p.
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Source Institution: Levin College of Law, University of Florida
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Full Text


June 8, .93 Draft: Deletione Additions Trarners


CHAPTER 17-40
WATER POLICY

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

PART I
GENERAL WATER POLICY

17-40.110 Declaration and Intent.
17-40.120 Department Rules.
PART II
DEFINITIONS
17-40.210 Definitions.
PART III
GENERAL PROVISIONS
17-40.310 General Policies.
PART IV
RESOURCE PROTECTION AND.
r MANAGEMENT
17-40.40141Q Water UseT and R-ure SuDply
Protection and Management.
17-40.412 Water Reuse
17-40.415 Permit Transfers
17-40.40241.8 Water Transport.
17-40.420 Ground Water Basin Resource
Availability Inventories
17-40.4034.30 Water Quality Protection and
Management.


/


17-40.4044,2 Surface Water Management.
17-40.450 Flood Protection and Management
17-40.470 Natural Systems Protection and


Management
17-40.405472 Minimum Flows and Levels.
17-40.475 Protective Buffers for Surface Waters


PART V
WATER PROGRAM DEVELOPMENT
17-40.510 Florida Water Plan
17-40.0145Q2 District Water Management Plans.
17-40.530 Department Aooroval of District Water


Management Plans
17.40.540 Water Data


PART VI
WATER PROGRAM ADMINISTRATION
AND EVALUATION
17-40.601 Review and Application.













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June 8, 1993 Draft: Deletieon Additions Transfers


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

17-40.020 Definitions.
Specific Authority: 373.026(7), 373.043, 403.805,
F.S. Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-
40.02. 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 II, 373, F.S.
History: New 5-5-81. Amended 2-4-82, 12-5-88.
Previously numbered as 17-40.04. Transferred to
17-40.401.

17-40.050 Water Transport.
Specific Authority: 373.026, 373.043, 403.805,
F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: 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, F.S.
Law Implemented: 373.039, 403.021, F.S.
History: New 5-5-81. Previously numbered as 17-
40.06. Amended 12-5-88, Transferred to 17-
40.403.


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 numbered as 17-
40.08. Amended 12-5-88. Transferred to 17-
40.405.
17-40.001(History)- 17-40.080(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 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.


17-40.070 Surface Water Management.










PART I
GENERAL WATER POLICY


2


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 tc
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 elarify provide a
18 consistent state water policy for the development
and review of programs, rules, and plans relating
20 to water resources, as expressed in Chapters 187,
373, and 403, Florida Statutes, and to otherwise
22 provide guidance to the Department and
Districts in the development of programs, rules,
24 and plans.
(3) These policies shall be construed as a whole
26 and no individual police shall be construed or ap-
plied in isolation from other policies.
28 (4) A goal of this Chanter is to improve coordina-
tion between land use planning and water plan-
30 ning. Local governments shall consider state
water policy in the development of their compre-
32 hensive plans required by Chapter 163, Florida
Statutes, as required by Section 403.0891(3)(a),
34 F.S. Special districts which manage water shall
consider state water police in the development of
36 their plans and programs. The Legislature has
also expressed its intent.ent in Section 373.0395.
38 F.S.. that future growth and development plan-
ning reflect the limitations of the available
40 ground water and other water supplies.
(5) The state shall protect and restore the func-
42 tions of entire ecological systems.
(6) Government services should be provided effi-
44 ciently. Duplication of water quality and quantity
permitting functions shall be eliminated where
46 appropriate.
(7) Public education, awareness, and partici-
48 nation shall be encouraged. The Department and
districts should assist educational institutions in
50 the development of educational curricula and re-


search programs which meet Florida's present
52 and future water management needs.
()a1 This Chapter does not repeal, amend or
54 otherwise alter any rule now existing or later
adopted by the Department or Ddistricts. How-
'56 ever, procedures are included in this Chapter
which provide for the review and modification of
'58 Department and Ddistrict olans, programs. and
rules to assure consistency with the provisions of
60 this Chapter.
S (4)f. It is the intent of the Department, in coop-
L62 eration with the Wwater Mranagement Ddis-
tricts, to seek adequate sources of funding to
64 supplement Dlistrict ad valorem taxes to imple-
ment the provisions of this Chapter.
66 Specific Authority: 373.026(10), 373.043, 403.061(33),
F.S.
68 Law Implemented: 373.016, 373.114, 403.061(33),
403.0891, F.S.
70 History: New 5-5-81. Previously numbered as 17-
40.01. Amended 12-5-88. Previously numbered 17-
72 40.001, Amended 8-14-90, 12-17-91.

74 17-40.120 Department Rules.
State water policy shall also include the following
76 Department rules:
(1) Water Quality Standards, Chapter 17-3,
78 F.A.C.
(2) Surface Water Quality Standards, Chapter
80 17-302, F.A.C.
(3) Surface Water Improvement and Manage-
82 ment, Chapter 17-43, F.AC.
(4) Ground Water Classes. Standards, and Ex-
84 emotions. Chapter 17-520. F.AC.
(5) Drinking Water Standards. Monitoring, and
86 Reporting. Chapter 17-550. F.A.C.

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

94 PART II
DEFINITIONS
96 17-40.210 Definitions.
When used in this chapter and in the review of
98 rules of the districts pursuant to Section
373.114(2), F.S., unless the context or content of


-







June 8, 1993 Draft: Deletin Additions Transfers


such district rule requires a narrower, more
2 specific meaning, the following words shall mean: 52
(1) "Aquifer" shall mean a geologic formation,
4 group of formations, or part of a formation that54
contains sufficient saturated permeable material
6 to yield useful quantities of ground water to56
wells, springs or surface water.
8 (2) "Consumptive use" means any use of water58
which reduces the supply from which it is with-
10 drawn or diverted. 60
(3) "Department" means the Department of Envi-
12 ronmental Regulatie Protection. 62
(4) "Detention" means the delay of stormwater
14 runoff prior to its discharge.
(5) "District" means a Water Management Dis-6
16 trict created pursuant to Chapter 373, Florida
Statutes. 68
18 (6) "District Water Management Plan" means the
long range comprehensive water resource 70


20 management plan prepared by a district as a
component of the State Water Use Plan. 72
22
22 (w6) "Drainag bain" means a Sub-divbion of a
wat.rhed. 74
24 (7) "Effluent", unless specifically stated other-
wise, means water that is not reused after flow- 76
26 ing out of any wastewater treatment facility or
other works used for the purpose of treating,78
28 stabilizing, or holding wastes.
(8) "Florida Water Plan" means the State Water80
30 Use Plan f.rmulat.d- puruant etS0 Sction
373.036, Florida Statute, together with the82
32 water quality standards and water classifications
adopted by the Department in Chapters 17-3, and84
34 17-302, 17-520. and 17-550. F.AC.
(9) "Governing Board" means the governing86
36 board of a water management district.
(10) "Ground water" means water beneath the88
38 surface of the ground, whether or not flowing
through known and definite channels. 90
40 (11) "Ground water availability" means the po-
tential quantity of ground water which can be de-92
42 veloped without resulting in unacceptable im-
pacts to the water resources, associated natural94
44 systems, or existing legal users of water.
(12) "Ground water basin" means a ground water96
46 flow system that has defined boundaries and may
include permeable materials that are capable of 98
48 storing or furnishing a significant water supply.
The basin includes both the surface area and the
50 permeable materials beneath it.


(13) "High recharge areas" means areas contrib-
uting significant volumes of water which add to
the storage and flow of an aouifer through verti-
cal movement from the land surface. The term
significant will vary geographicallv defending on
the hvdrologic characteristics of that aquifer.
(14) "Interim Pollutant load reduction goal"
means a best judgment numeric estimate of the
level of ollutant load reduction anticipated to
result from planned corrective actions as an
interim step toward the goal of restoring and
maintaining water quality consistent with ap-
plicable state standards. together with a schedule
for accomplishment.
(14f)l "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.
(17) "Pollutant load reduction goal" means esti-
mated numeric reductions in pollutant loadings


needed to preserve or restore beneficial uses of
receiving waters and maintain water quality con-
sistent with applicable state standards, together
with a schedule for accomplishment.
(18) "Prime recharge areas" means areas that are
generally within, but not limited to. high re-
charge areas, that are highly significant to
present and future ground water uses including
protection and maintenance of natural systems
and public water supply.
f(-j2)(19 "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.
(-43)(2 "Reclaimed water" means water that has
received at lease secondary treatment and is
reused after flowing out of a wastewater treat-
ment facility.
(4)I211 "Retention" means the prevention of
stormwater runoff from direct discharge.
(46 221 "Reuse" means the deliberate application
of reclaimed water, in compliance with Depart-
ment and Ddistrict rules, for a beneficial purpose.


2


I







June 8, 1993 Draft: Deletine Additions Transfers


2

4

6

8

10

12

14

16

18

20

22

24

26

28


restffa~ieci
30 7-f Fire protection;
8.l, Other useful pu:
32 (b) Overland flow land a
teams, rapid-rate land apple
34 providing continuous load
percolation cell, other la
36 systems involving less t
treatment prior to app:
38 tanks, and groundwater d
using Class I wells inject
40 wastes into Class G-IV war
eluded from the definition
42 (-1(2)1 "Secretary" means the S
Department of Environmental Rec
44 tion.
(-~)(24) "State water quality sta
46 water quality standards adopted I
mental Regulations Commissior
48 Chapter 403, Florida Statues, i
dards comprised of designated
50 uses (classification of waters), the


(a) Fr -eemple Where a
uses may encompass:
1. Landscape irriga
rigation of golf court
highway medians,
grounds, school yar
series, and residential
2. Agricultural irri
irrigation of food, fi
seed crops, wholesale
farms, and pastures
3. Aesthetic uses (
tive ponds and founi
4. Groundwater rec
slow rate, rapid-ral
tion field land appli
but not including di
described in- Rul 3I
F-A-. in (b) below;
5. Industrial uses (
water, process wa
waters);
rc6. Environmental
,urfao3 waters rzou

rccc'sizd at lzaot a
water trcatmnt or
of rAt lAimcd wAt03


of reuse.
92
secretary of the
-ulaeien Protec-
94

ndards" means 96
3y the Environ-
Spursuant to98
including stan-
most beneficial 00
numerical and


ceptable impacts to the water resources, associ-
ated natural systems. or existing legal uses.
(32) "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.
(24)331 "Water" or "waters in the state" means
any and all water on or beneath the surface of


3


pproUriate, said narrative criteria applied to the specific water
52 use or classification, the Florida anti-degradation
tion (such as ir- policy, and the moderating provisions contained
ses, cemeteries,54 in Rules 17-3, and 17-4, 17-302. 17-520. and 17-
parks, play- 55. F.A.C.
rds, retail nurs-56 (-18)2 "State Water Use Plan" means the plan
l properties); formulated pursuant to Section 373.036, Florida
nation (such as58 Statutes, for tho u and development of wacr
fiber, fodder and fte.Ste.
le nurseries, sod60 (f(2~. "Stormwater" means the water which
; results from a rainfall event.
such as decora-62 Q(-2O)( "Stormwater management program"
tains); means the institutional strategy for stormwater
charge (such as64 management, including urban, agricultural, and
re, and absorp- other stormwater.
ication systems) 66 (214(28. "Stormwater management system"
disposal methods means a system which is designed and con-
.7 .14OI %.0((b)68 structed or implemented to control stormwater,
incorporating methods to collect, convey, store,
such as cooling70 absorb, inhibit, treat, use, or reuse stormwater to
ter, and wash prevent or reduce flooding, over-drainage, envi-
72 ronmental degradation and water pollution or
.-nncat ,t otherwise affect the quantity and quality of dis-
O.Ii Wrom 74 charges from the system.
-.1 w r.... (2 9 )J291 "Stormwater utility" means the entity
-cd wa:ct 76 through which funding for a stormwater man-
0 fm id ....rg agement program is obtained by assessing the
Sfor -wjctland78 cost of the program to the beneficiaries based on
their relative contribution to its need. It is oper-
80 ated as a typical utility which bills services regu-
larly, similar to water and wastewater services.
rpose. 82 (23)fi "Surface water" means water upon the
application sys- surface of the earth, whether contained in
ication systems 84 bounds created naturally or artificially or dif-
ling to a single fused. Water from natural springs shall be
Lnd application 86 classified as surface water when it exits from the
han secondary spring onto the earth's surface.
location, septic88 (31) "Surface water availability" means the poten-
isposal systems
is al stems tial quantity of surface water that can be re-
ing effluent or90 moved or retained at a given time for water
ersu shalllv nr other uses without resultn, in una:s


--- --







June 8, 1993 Draft: DIetletio Additions Transfer


the ground or in the atmosphere, including tended.
2 natural or artificial watercourses, lakes, ponds,52 (4ff Encourage the development of local
or diffused surface water and water percolating, and regional water supplies, including alter-
4 standing, or flowing beneath the surface of the 54 native supplies such as reuse, reverse osmo-
ground, as well as all coastal waters within the sis. desalination. stormwater reuse. and
6 jurisdiction of the state. 56 aquifer recharge and retrieval, within
districts rather than transport water from
8 Specific Authority: 373.026(10), 373.0391. 373.0395.58 remote locations or across Ddistrict bounda-
373.043, 403.061(33), F.S. ries.
10 Law Implemented: 373.016, 373.026(7), 373.114,60 (8)ft Protect aquifers from depletion through
403.061(33), 403.0891, F.S. water conservation and preservation of the
12 History: New 5-5-81. Previously numbered as 17-62 functions of high recharge areas.
40.02. Amended 12-5-88. Previously numbered 17- n and Mana
14 40.020, Amended 8-14-90, 12-17-91. (2) Water Qualit Protection and Management
64 (4){al Restore and protect the quality of
ground and surface water by ensuring high
16 PART111 66 quality treatment for stormwater and
GENERAL PROVISIONS wastewater.
18 68 (9t)~> Identify existing and future public
17-40.310 General Policies water supply areas and protect them from
20 The following statement of general water policy70 contamination.
shall provide a basis for Department review of (3) Flood Protection and Management
22 water management programs, rules, and plans. 72 (1O(a Mitigate adverse impacts resulting
Water management programs, rules and plans, from prior alteration of natural hydrologic
24 where economically and environmentally feasi-74 patterns and fluctuations in surface and
ble, not contrary to the public interest, and ground water levels.
26 consistent with Florida law, the Department and76 (4 S)li Encourage nonstructural solutions to
the districts shall, for the following water man- water resource problems and give adequate
28 agement areas of responsibility, seek to im.nle-78 consideration to nonstructural alternatives
meant the policies below: whenever structural works are proposed.
30 (1) Water Supply 80 (-141 Manage the construction and opera-
fat Assure availability of an adequate and tion of facilities which dam, divert, or other-
32 affordable supply of water for all reasonable- 82 wise alter the flow of surface waters to pre-
beneficial uses. Uses of water authorized by vent unacceptable damage from increased
34 a permit shall be limited to reasonable-bene- 84 flooding, soil erosion, or excessive drainage,
ficial uses. or habitat alteration.
36 (-2)Q1 Reserve from use that water necessary 86 413)l Encourage the management of flood-
to support essential non-withdrawal de- plains and other flood hazard areas to pre-
38 mands, including navigation, recreation, and88 vent or reduce flood damage, consistent with
the protection of fish and wildlife, establishment and maintenance of desirable
40 (3)Jf Champion and develop sound water90 hydrologic characteristics and ecological
conservation practices and public informa- functions of such areas.
42 tion programs. 92 (f) Encourage the development of a strict
(4)fdl Advocate and direct the reuse of re- floodplain management program by state.
44 claimed water as an integral part of water94 regional, and local governments designed to
management programs, rules, and plans preserve hvdrologicallv significant wetlands
46 consistent with protection of the public96 and other natural floodplain features.
health and surface and ground water qual- (g) Avoid the expenditure of funds that sub-
48 ity. 98 sidize development in high-hazard flood
((-. Encourage the use of water of the low- areas.
50 est acceptable quality for the purpose in100 (4) Natural Systems Protection and Management






June 8, .93 Draft: Deletiens Additions Tra..dfers


(44)i Establish minimum flows and level
2 to protect water resources and the environ
mental values associated with marine, estu
4 arine, freshwater, and wetlands ecology.
(6fbl Utilize, preserve, restore, and enhance
6 natural water management systems and dis
courage the channelization or other altera
8 tion of natural rivers, streams and lakes.
(5) Management Policies
10 (7fal) Protect the water storage and wate:
quality enhancement functions of wetlands
12 floodplains, and aquifer recharge area!
through acquisition, enforcement of laws
14 and the application of land and water man
agement practices which provide for compat
16 ible uses.
(b) Prevent pollution and other water re
18 source problems rather than remedy prob
lems after they occur.
20 (-.17) Develop interstate agreements anc
undertake cooperative programs with Ala
22 bama and Georgia to provide for coordinated
management of surface and ground waters.
24
Specific Authority: 373.026(10), 403.0891, 373.043
26 403.061(33), F.S.
Law Implemented: 373.016, 373.026(7), 373.114
28 403.061(33), 403.0891, F.S.
History: New 7-1-81. Previously numbered as 17.
30 40.03. Amended 12-5-88. Previously numbered as 17.
4.030, Amended 8-14-90, 12-17-91.
32
PART IV
34 RESOURCE PROTECTION AND
MANAGEMENT
36
17-40.404410 Water Supply Protection and
38 Management WatW r Usc and Reusc.
The following shall apply to those areas where
40 the use of water is regulated pursuant to Part II
of Chapter 373, Florida Statutes:
42 (1) No permit shall be granted to authorize the
use of water unless the applicant establishes that
44 the proposed use is a reasonable-beneficial use,
will not interfere with presently existing legal
46 uses of water and is consistent with the public in-
terest.
48 (2) In determining whether a water use is a rea-
sonable-beneficial use, the following factors will
50 be considered:


s (a) The quantity of water requested for the
- 52 use;
(b) The demonstrated need for the use;
54 including:
e 1. The adeauacv of existing permitted
-56 sources available to the aDplicant:
2. The magnitude of any impacts on
58 presently existing legal uses of water:
3. The relative environmental effects of
r60 drawing on a new source compared to
Existing sources: and
s62 4. The relative cost to the public of a
Proposed new source compared to an
"64 existing source.
(c) The suitability of the use to the source of
66 water;
(d) The purpose and value of the use;
68 (e) The extent and amount of harm caused;
i (f) The practicality of mitigating any harm
.70 by adjusting the quantity or method of use;
I (g) Whether the impact of the withdrawal
72 extends to land not owned or legally con-
trolled by the user;
,74 (h) The method and efficiency of use;
(i) Water conservation measures taken or
,76 available to be taken;
(j) The availability of reclaimed water for
'78 and the practicality of reuse, or the use of
waters of more suitable quality;
80 (k) The feasibility of alternative sources of
supply, such as reverse osmosis, desalina-
82 tion, stormwater reuse, and aquifer storage
and retrieval;
84 (k)(fl The present and projected demand for
the source of water;
L86 (lm~( The long term yield available from the
source of water;
88 f(m)n) The extent of water quality degrada-
tion caused;
90 (*)fo) Whether the proposed use would cause
or contribute to flood damage;
'92 fe)(p) Whether the proposed use would sig-
nificantly induce saltwater intrusion;
94 (p)fll The amount of water which can be
withdrawn without causing harm to the re-
96 source;
S ((r)r Whether the proposed use would ad-
98 versely affect public health; aftd









June 8, 1993 Draft: Deletieon Additions Transfer


(s) Whether the proposed use would ad-
2 verselv affect ecosystem functions andSg
natural resources on public lands: and
4 (3) Water shall be reserved from permit use in 54
such locations and quantities, and for such sea-
6 sons of the year, as is required for the protection 56
of fish and wildlife or the public health or safety.
8 A process for determining minimum flows and5
levels is set out in Section 17-40.442.
10 (4) Water use shall not be allowed to exceed6C
ground water availability or surface water avail-
12 ability. 62
(5) The districts shall reserve from use water in
14 such locations and quantities, and for such 64
seasons of the year. as may be required for the
16 protection, maintenance, or enhancement of fish 66
and wildlife or the public health or safety.
18 (4))}1 Conservation of water shall be required68
unless not economically or environmentally
20 feasible. The following practices do not conserve70
water and are not reasonable-beneficial uses of
22 water or consistent with the public interest: 72
(a) Daytime irrigation between the hours of
24 9:00 a.m. and 5:00 p.m. except as specifically74
exempted by the district.
26 (b) Failure to use reclaimed water within 76
water resource caution areas, unless the
28 applicant demonstrates to the district's satis- 78
faction that reclaimed water is not reason-
30 ably available or that reuse of reclaimed80
water is not economically, environmentally.
32 and technically feasible. 82
(c) Water rate structures that do not encour-
34 age water conservation. 84
(d) Failure to use all reasonable water con-
36 servation measures, unless the applicant86
demonstrates to the district's satisfaction
38 that implementation is not economically. 8
environmentally, or technically feasible.


40


(e) For public supplv, per capital use that90
exceeds gallons per day. unless lower


42 use is not feasible. 92
(7) In implementing consumptive use permit-
44 ting programs, the Department and the 94
districts are required under Section 187.101(3),
46 F.S., to recognize the rights of property owners, 96
as limited by law, to make consumptive uses of
48 water from their land, and the rights of other98
users, as limited by law, to make consumptive
50 uses of water, for reasonable-beneficial uses in d00


manner consistent with the public interest that
Swill not interfere with any presently existing
legal use of water.
S-C)(8) Permits authorizing consumptive uses of
water which cause unanticipated significant ad-
verse impacts on off-site land uses, ecosystem
functions, or valuable natural resources existing
at the time of permit application, or on legal uses
of water existing at the time of permit applica-
Stion, should be considered for modification, to
curtail or abate the adverse impacts, unless the
impacts can be mitigated by the permitted.

17-40.40412 Water Use-and Reuse.
(6)M A reasonable amount of reuse of reclaimed
water from domestic wastewater treatment facili-
ties may be required outside of areas designated
pursuant to Rule 17-40.401(5), F.AC., as subject
to eialwater supply problems, provided:
(a) Reclaimed water is readily available; and
(b) The district has adopted rules for reuse
in these areas.
-7(2) The Iepartment encourages local govern-
ments to implement programs for reuse of re-
claimed water. These rules shall not be deemed
to preempt any such local reuse programs.
(1 As required by Section 373.0391(2)(e), F.S.,
the districts shall designate areas that have
water supply problems which have become criti-
cal or are anticipated to become critical within
the next 20 years. The__Ddistricts shall identify
such water resource caution areas during prepa-
ration of a Ddistrict Plan pursuant to Rule 17-
40.501, F.A.C., and shall adopt these designa-
tions by rule by November 1, 1991.
(4) A reasonable amount of reuse of reclaimed
water from domestic wastewater treatment facili-
ties shall be required within designated water
resource caution areas unless such reuse is not
economically, environmentally, or technically
feasible.
(3)(5) The districts shall periodically update their
designations of criticall ..ater applyy problem
areas water resource caution areas by rule. Such
updates shall occur within one year after updates
of the Ddistrict Plan prepared pursuant to Rule
17-40.501, F.AC. After completion of the district
Plan or updates pursuant to Rule 17-40.501,
F.A.C., the Ddistricts may limit areas where
reuse shall be required to areas where reuse is


6






June 8, i.. 3 Draft: Deletios Additions Tra. er


specified as a remedial or preventive action50
2 pursuant to Rule 17-40.501(2), FA.C. Any such
limitation of areas where reuse shall be required52
4 shall be designated by rule.


6 17-40,415 Permit Transfers
(1) A district on request of a permitted user shall
8 not transfer the permit to a new user. unless the
new user demonstrates that the proposed new
10 use is comoletelv identical in quantity, use.
location. ooint and method of withdrawal, and all
12 other respects to the original use. and that the
use is otherwise consistent with this chapter.
14 (2) The expiration date of the transferred permit
shall be the same as the original permit.
16 (3) All terms and conditions of the permit shall
become binding on the transferee.
18
17-40.4018 Water Transport.
20 The following shall apply to the transfers of
water where such transfers are regulated pur-
22 suant to Part II of Chapter 373, Florida Statutes:
(1) The transport or use of water across Ddistrict
24 boundaries shall require approval of each in-
volved Ddistrict.
26 (2) In deciding whether the transport and use of
water across district boundaries is consistent
28 with the public interest pursuant to Section
373.223, Florida Statutes, the Ddistricts should
30 consider the extent to which:
(a) Comprehensive water conservation and
32 reuse programs are implemented and en-
forced in the area of need.
34 (b) The major costs, benefits, and environ-
mental impacts have been adequately deter-
36 mined including the impact on both the sup-
plying and receiving areas;
38 (c) The transport is an environmentally and
economically acceptable method to supply
40 water for the given purpose;
(d) The present and projected water needs of
42 the supplying area are reasonably deter-
mined and can be satisfied even if the trans-
44 port takes place;
(e) The transport plan incorporates a re-i
46 gional approach to water supply and distri-
bution including, where appropriate, plans,
48 for eventual interconnection of water supply'
sources; and


(f) The transport is otherwise consistent with
the public interest based upon evidence pre-
sented.


54 Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, Part II, 373, F.S.
156 History: New 5-5-81. Previously numbered as 17-
40.05. Amended 12-5-88. Previously numbered 17-
'58 40.050.

160 17-40.420 Ground Water Basin Resource
Availability Inventories
62 (1) Ground water basin resource availability
inventories shall include the subjects specified in
64 Section 373.0395. F.S. In particular, they shall
identify, ma., and seek to protect high recharge
66 areas and prime recharge areas, with the goal of
assuring that pre-development and post-devel-
68 opment recharge characteristics are maintained
(2) The districts, in cooperation with the Depart-
70 ment. shall identify and map high recharge areas
and prime recharge areas according to the follow-
72 ing schedule:

74 (bl

76 (3) The protection of recharge areas shall em-
phasize intergovernmental coordination and
78 cooperation.

80 17-40.422 Wellhead Protection
(Reserved)
82
17-40.4O34 Water Quality Protection and
84 Management
(1) Water quality standards shall be enforced
86 pursuant to Chapter 403, Florida Statutes, to
protect waters of the State from point and non-
88 point sources of pollution.
(2) State water quality standards adopted by De-
90 apartment rule shall be a part of the Florida
Water Plan.
92
Specific Authority: 403.061, 373.026, 373.043, 403.805,
94 F.S.
Law Implemented: 373.039, 403.021, F.S.
96 History: New 5-5-81. Previously numbered as 17-
40.06. Amended 12-5-88. Previously numbered 17-
98 40.060.


` ` `~







June 8, 1993 Draft: Deletions Additions aTansfers


2 Specific Authority: 373.026, 373.043, 403.805, F.S
Law Implemented: 363.016, Part IV, 373, F.S.
4 History: New 5-5-81. Previously numbered as 17.
40.07. Amended 12-5-88. Previously numbered 17.
6 40.070, Repealed 2-20-91.

8 17-40.404432 Surface Water Protection and
Management.
10 (1) Surface Water Protection and Management
Goals.
12 The following goals are established to provide
guidance for Department, Ddistrict and local gov-
14 ernment stormwater management programs:
(a) It shall be a goal of surface water man-
16 agement programs to protect, preserve and
restore the quality, quantity and environ-
18 mental values of water resources. A goal of
surface water management programs in-
20 eludes effective stormwater management for
existing and new systems which shall seek
22 to protect, maintain and restore the func-
tions of natural systems and the beneficial
24 uses of waters.
(b) The primary goals of the state's stormwa-
26 ter management program are to maintain, to
the maximum extent practicable, during and
28 after construction and development, the pre-
development stormwater characteristics of a
30 site; to reduce stream channel erosion, pollu-
tion, siltation, sedimentation and flooding; to
32 reduce stormwater pollutant loadings dis-
charged to waters to preserve or restore
34 beneficial uses; to reduce the loss of fresh
water resources by encouraging the reuse of
36 stormwater; to enhance ground water re-
charge by promoting infiltration of stormwa-
38 ter in areas with appropriate soils and geol-
ogy; to maintain the appropriate salinity re-
40 gimes in- pstuaries needed to support the
natural flora and fauna; and to address
42 stormwater management on a watershed
basis to provide cost effective water quality'
44 and water quantity solutions to specific
watershed problems.
46 (c) Inadequate management of stormwater,
throughout a watershed increases storm-
48 water flows and velocities, contributes tQ(
erosion and sedimentation, overtaxes the
50 carrying capacity of streams and other con1
veyances, disrupts the functions of natural


52 systems, undermines floodplain manage-
S ment and flood control efforts in downstream
54 communities, reduces ground water re-
S charge, threatens public health and safety,
-56 and is the primary source of pollutant load-
ing entering Florida's rivers, lakes and estu-
58 aries, thus causing degradation of water
quality and a loss of beneficial uses. Accord-
60 ingly, it is a goal to eliminate the discharge
of inadequately managed stormwater into
'62 waters and to minimize other adverse im-
pacts on natural systems, property and pub-
'64 lic health, safety and welfare caused by im-
properly managed stormwater.
66 (d) It shall be a goal of stormwater manage-
ment programs to reduce unacceptable pol-
68 lutant loadings from older stormwater man-
agement systems, constructed before the
70 adoption of Chapter 17-25, F.A.C., (February
1, 1982), by developing watershed manage-
72 ment and stormwater master plans or Ddis-
trict-wide or basin specific rules.
74 (e) The concept of developing comprehensive
watershed management plans in designated
76 watersheds is intended not only to prevent
existing environmental, water quantity, and
78 water quality problems from becoming worse
but also to reduce existing flooding problems,
80 to improve existing water quality, and to
preserve or restore the values of natural sys-
82 teams.
(2) Stormwater Management Program Implemen-
84 station. As required by Section 403.0891, F.S., the
Department, Ddistricts and local governments
86 shall cooperatively implement on a watershed
basis a comprehensive stormwater management
88 program designed to minimize the adverse effects
of stormwater on land and water resources. All
90 such programs shall be mutually compatible with
the State Comprehensive Plan (Chapter 187,
92 Florida Statutes), the Local Government Compre-
hensive Planning and Land Development Regut
94 lation Act (Chapter 163, Florida Statutes), the
Surface Water Improvement and Management
96 Act (Sections 373.451-.4595, F.S.), Chapters 373
and 403, F.S., and this chapter. Programs shall
98 be implemented in a manner that will improve
and restore the quality of waters that do not meet
30 state water quality standards and maintain the
water quality of those waters which meet or
32 exceed state water quality standards.
(a) The Department shall be the lead agency







June 8, 1993 Draft: Deletions Additions Trnsfers


(4) Minimum Stormwater Treatment Perform-52
2 ance Standards.
a) When a stormwater management system54
4 complies with rules establishing the design
and performance criteria for stormwater 56
6 management systems, there shall be a rebut-
table presumption that such systems will58
8 comply with state water quality standards.
The Department and the Ddistricts, pursu-60
10 ant to Section 373.436, F.S., shall adopt
rules that specify design and performance 62
12 criteria for new stormwater management
systems which: 64
14 1. Shall be designed to achieve at least
80 percent reduction of the average66
16 annual load of pollutants that would
cause or contribute to violations of state 68
18 water quality standards.
2. Shall be designed to achieve at least70
20 95 percent reduction of the average
annual load of pollutants that would72
22 cause or contribute to violations of state
water quality standards in Outstanding74
24 Florida Waters.
3. The minimum treatment levels speci-76
26 fled in subparagraphs 1. and 2. above
may be replaced by basin specific design 78
28 and performance criteria adopted by a
district in order to achieve the pollut- 80
30 ant load. reduction goals established in
paragraph (c). 82
32 (b) Erosion and sediment control plans de-
tailing appropriate methods to retain sedi-84
34 ment on-site shall be required for land dis-
turbing activities. 86
36 (c) The pollutant loading from older storm-
water management systems shall be reduced88
38 as necessary to restore or maintain the bene-
ficial uses of waters. The Ddistricts shall es-90
40 tablish pbllutant load reduction goals and
adopt them as part of a SWIM plan, other92
42 watershed management plan, or edistrict-
wide or basin specific rules. 94
44 (d) Watershed management goals shall be
developed by the Edistrict for all watersheds 96
46 within the boundaries of each district and
shall be consistent with the SWIM Program 98
48 and the EPA National Pollutant Discharge
Elimination System (NPDES) program. Thq00
50 primary purpose shall be to reduce pollutant
discharges from watersheds such that thq02


water quality in receiving waters is restored
or maintained consistent with applicable
state water quality standards.
1. Watershed management goals
shall be developed for all water.
sheds, district-wide, by November
1. 1994,
(e) Watershed specific stormwater pollutant
load reduction goals shall be developed for
older stormwater management systems on a
priority basis as follows:


10


1. oaIntrm ohllu bant dlod rducton goadin
wi l l be established for all bter bodie
thooc watrm rcivng tormwatcr db


having apromved SWoy M pluirand to otin
NPDES otormwatpor prmitn.
2. Coal chall box dovolopod by 1994 for




S a. For S M water bodies witha





plans originally adopted before
January 1. 1991. interim pollutant
a load reduction goals and a schedule
ooivo otormwator diochargoo from oyo





atfor development of th pollutant
1 load reduction gal shall be
Sbe established for all watDecember 3 1994bodies
having approved SWIM plans.



b. For SWIM water bodies with
plans originally adopted bter Jan
January 1. 1991. interim pollutantload
loadreduction goals and a schedule for
for development of the pollutant l
reduction goal shall be establish
established by December 31. 1994,



within three years of the than's
rplansaladollytion date er
r. 1.ntrim 91utanteoad reduction loal
reductialnd a schedule for the development of
development of the pollutant load


the ollutant load reduction allal shal
within developed by the year 1996 for thlanse



waters receiving stormwater discharges
required alto obtain NPDES stormwater



discharge permits.
3. Interim pollutant load reductionoal
goals and a schedule for thdelom et
deveme nt outant lad reduction g oal shall
reductionoal shall be developed foros
waters receiving stormwater discharges
required to obtain NPDES stormwater
discharge permits.
3. Interim pollutant load reduction
Ggoals and a schedule for the
development of the pollutant load
reduction goal shall be developed for


--







June 8, 1993 Draft: Deleeti~e Additions Transfery


responsible for coordinating the statewide 52
2 stormwater management program by estab-
lishing goals, objectives and guidance for the 54
4 development and implementation of storm-
water management programs by the Ddis-56
6 tricts and local governments.
(b) The Ddistricts shall be the chief adminis- 58
8 trators of the state stormwater management
program. Districts shall set regional 60
10 stormwater management goals and policies
on a watershed basis, including watershed62
12 stormwater pollutant load reductions neces-
sary to preserve or restore beneficial uses of64
14 receiving waters. Such goals and policies
shall be implemented through Ddistrict
16 SWIM plans, through preparation of water-66
shed management plans in other designated
18 priority watersheds and through appropriate 68
regulations.
20 (c) Local governments shall establish storm- 70
water management programs which are in
22 accordance with the state and districtt2
stormwater quality and quantity goals.
24 Local governments may establish a storm-74
water utility or other dedicated source of
26 funding to implement a local stormwater
management program which shall include
28 the development and implementation of a
stormwater master plan and provisions, such 78
30 as an operating permit system, to ensure
that stormwater systems are properly oper-80
32 ated and maintained.
(d) Water control districts created pursuant82
34 to Chapter 298. F.S.. and other special
districts, as defined in Section 218.31(1).84
36 F.S.. which have water management powers.
shall establish a stormwater management 8
38 program within their geographical
boundaries consistent with the appropriate88
40 local government stormwater program and
adopted local government comprehensive90
42 plan and in accordance with the state and
district stormwater quality and quantity
44 goals. 92
(3) Surface Water Management.
46 The following shall apply to the regulation of sur-
face water pursuant to Part IV, Chapter 373,
48 Florida Statutes. 96
(a) The construction and operation of facili-
50 ties which manage or store surface waters,98
or other facilities which drain, divert, im-


pound, discharge into, or otherwise impact
waters in the state, and the improvements
served by such facilities, shall not be harm-
ful to water resources or inconsistent with
the objectives of the Department or
district.
(b) In determining the harm to water re-
sources and consistency with the objectives
of the Department or Ddistrict, consider.
tion should be given to:
1. The impact of the facilities on:
a. water quality;
b. fish and wildlife;
c. wetlands, floodplains, and other
environmentally sensitive lands;
d. reasonable-beneficial uses of
water;
e. recreation;
navigation;
g. saltwater or pollution intrusion,
including any barrier line estab-
lished pursuant to Section 373.033,
F.S.;
h. minimum flows and levels estab-
lished pursuant to Section 373.042,
F.S.;
i. salinity regimes of estuaries: and
L other factors relating to the pub-
lic health, safety, and welfare;
2. Whether the facilities meet applicable
design or performance standards;
3. Whether adequate provisions exist for
the continued satisfactory operation and
maintenance of the facilities; and
4. The ability of the facilities and 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.


9






June 8, 19J3 Draft: Del teien Additions Trans, Irs


responsible for coordinating the statewide 52
2 stormwater management program by estab-
lishing goals, objectives and guidance for the 54
4 development and implementation of storm-
water management programs by the Ddis-56
6 tricts and local governments.
(b) The .istricts shall be the chief adminis- 58
8 trators of the state stormwater management
program. districts shall set regional60
10 stormwater management goals and policies
on a watershed basis, including watershed62
12 stormwater pollutant load reductions neces-
sary to preserve or restore beneficial uses of
14 receiving waters. Such goals and policies6
shall be implemented through district
16 SWIM plans, through preparation of water-66
shed management plans in other designated
18 priority watersheds and through appropriate 68
regulations.
20 (c) Local governments shall establish storm-70
water management programs which are in
22 accordance with the state and Pdistrict72
stormwater quality and quantity goals.
24 Local governments may establish a storm-74
water utility or other dedicated source of
26 funding to implement a local stormwater
management program which shall include
28 the development and implementation of a
stormwater master plan and provisions, such 78
30 as an operating permit system, to ensure
that stormwater systems are properly oper-80
32 ated and maintained.
(d) Water control districts created Dursuant82
34 to Chapter 298. F.S.. and other special
districts, as defined in Section 218.31(1).84
36 F.S.. which have water management powers.
shall establish a stormwater management 8
38 program within their geographical
boundaries consistent with the appropriateg8
40 local government stormwater program and
adopted' local Eovernment comprehensive90
42 plan and in accordance with the state and
district stormwater quality and quantity
44 goals.
(3) Surface Water Management.
46 The following shall apply to the regulation of sur-
face water pursuant to Part IV, Chapter 373,
48 Florida Statutes.
(a) The construction and operation of facili-
50 ties which manage or store surface waters,98
or other facilities which drain, divert, im-


pound, discharge into, or otherwise impact
waters in the state, and the improvements
served by such'facilities, shall not be harm-
ful to water resources or inconsistent with
the objectives of the Department or
District.
(b) In determining the harm to water re-
sources and consistency with the objectives
of the Department or Edistrict, considera-
tion should be given to:
1. The impact of the facilities on:
a. water quality;
b. fish and wildlife;
c. wetlands, floodplains, and other
environmentally sensitive lands;
d. reasonable-beneficial uses of
water;
e. recreation;
f. navigation;
g. saltwater or pollution intrusion,
including any barrier line estab-
lished pursuant to Section 373.033,
F.S.;
h. minimum flows and levels estab-
lished pursuant to Section 373.042,
F.S.;
i. salinity regimes of estuaries: and
i. other factors relating to the pub-
lic health, safety, and welfare;
2. Whether the facilities meet applicable
design or performance standards;
3. Whether adequate provisions exist for
the continued satisfactory operation and
maintenance of the facilities; and
4. The ability of the facilities and 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.


9


__~_~ __ __ ~ ____ _I__~






June 8, 1993 Draft: Deletiens Additions Trnsfers


(4) Minimum Stormwater Treatment Perform-52
2 ance Standards.
a) When a stormwater management system54
4 complies with rules establishing the design
and performance criteria for stormwater56
6 management systems, there shall be a rebut-
table presumption that such systems will58
8 comply with state water quality standards.
The Department and the districts, pursu-60
10 ant to Section 373.436, F.S., shall adopt
rules that specify design and performance62
12 criteria for new stormwater management
systems which: 64
14 1. Shall be designed to achieve at least
80 percent reduction of the average66
16 annual load of pollutants that would
cause or contribute to violations of state 68
18 water quality standards.
2. Shall be designed to achieve at least70
20 95 percent reduction of the average
annual load of pollutants that would72
22 cause or contribute to violations of state
water quality standards in Outstanding 74
24 Florida Waters.
3. The minimum treatment levels speci-76
26 fled in subparagraphs 1. and 2. above
may be replaced by basin specific design 78
28 and performance criteria adopted by a
District in order to achieve the pollut- 80
30 ant load reduction goals established in
paragraph (c). 82
32 (b) Erosion and sediment control plans de-
tailing appropriate methods to retain sedi-84
34 ment on-site shall be required for land dis-
turbing activities. 86
36 (c) The pollutant loading from older storm-
water management systems shall be reduced88
38 as necessary to restore or maintain the bene-
ficial uses of waters. The districts shall es- 90
40 tablish pollutant load reduction goals and
adopt them as part of a SWIM plan, other92
42 watershed management plan, or edistrict-
wide or basin specific rules. 94
44 (d) Watershed management goals shall be
developed by the district for all watersheds 96
46 within the boundaries of each Ddistrict and
shall be consistent with the SWIM Program 98
48 and the EPA National Pollutant Discharge
Elimination System (NPDES) program. Theq00
50 primary purpose shall be to reduce pollutant
discharges from watersheds such that the02


water quality in receiving waters is restored
or maintained consistent with applicable
state water quality standards.
1. Watershed management goals
shall be developed for all water.
sheds, district-wide, by November
1. 1994,
(e) Watershed specific stormwater. pollutant
load reduction goals shall be developed for
older stormwater management systems on a
priority basis as follows:
1. Coalo mhallL bo d, vopcd accord-ing to
thc ochPdul 3CotAblichLd by EPAXfer
th1oo water 4 rccbivbing otermwatzr die


harInte pollutant m rquireduc to obtain
Dwill be established fotr pmall water bodies

SWMa. Fr SWIM water odies with
adplans oriM nall and that do not re
ivJanuay rm1wat Cr inarigm cfpol nt
tmoa reduction to als and a schedulS
fatr dievelopm t of rmit he
1. Interim pollutant load reduction goals
will be established for all water bodies
having aoDroved SWIM plans.
a. For SWIM water bodies with
plans originally adopted before
January 1. 1991. interim pollutant
loadreduction goals and a schedule
for deveploment of the pollutant
load reduction goal shall be
established by December 31. 1994.
b. For SWIM water bodies with
lans oriinalladoted after Janu-
ay nt 1 1991. interim rpoutant load
reduction goals and a schedule for
development of the pollutant load
reduction goal shall be established
within three years of the tlan's
original adoption date.
2. Interim ollutant load reduction goals
and a schedule for the development of
the pollutant load reduction oal shall
be develoredu bg the year 1996 for those
waters receiving stormwater discharges
required to obtain NPDES stormwater
discharge permits.
3. Interim pollutant load reduction
Goals and a schedule for the
development of the pollutant load
reduction goal shall be developed for


10


I I






June 8, 3 Draft: Deletiene Additions Trg lrs


other watersheds by 496 2000.
2 These goals shall be considered in local
comprehensive plans submitted or updated
4 in accordance with Section 403.0891(3)(a),
F.S.
6 Specific Authority: 373.026, 373.043, 403.061,
403.087, F.S.
8 Law Implemented: 163.3161-163.3243, 186, 187,
373.016, 373.046, 373.114, Part IV, 373, 403.061,
10 403.0891, F.S. History: New 2-20-91.


12 17-40.4054jQ,.
Managemeut
14 (Resevned)


16 17-40.470 Natural Systems Protection and
Management
18
17-.40.4Q6472 Minimum Flows and Levels,
20 (1) In establishing minimum flows and levels pur-
suant to Section 373.042, consideration shall be
22 given to the protection of water resources,
natural seasonal fluctuations in water flows or
24 levels, and environmental values associated with
coastal, estuarine, aquatic, and wetlands ecology,
26 including:
(a) Natural systems, which include:
28 (e)fi Recreation in and on the water;
(b)fjl Fish and wildlife habitats, and the
30 passagfe-efi-h aquatic life:
(iii) Biodiversity
32 (e)(fiv Estuarine resources;
(d)f.i Transfer of detrital material
34 (g)(vi Filtration and absorption of
nutrients and other pollutants;
36 (h)(vi) Sediment loads;
(e)li(l Maintenance of natural hydroperiod,
38 seasonal and long-term timing of water level
and flow, freshwater storage and supply;
40 (fi)LAesthetic and scenic attributes,;
(d) Surface water Quality:
42 (e) Groundwater quality.
(f) Existing legal uses. such as consumptive
44 use permits, land uses. navigation, and rec-
reation.
46 (g) Karst development and aauifer compac-
tion. and
48 (i) watr .quality; an


.50 (2) Established minimum flows and levels shall
be a -eenidraeton protected where relevant to:
52 (a) The construction and operation of water
resource projects;
54 (b) The issuance of permits pursuant to Part
II, Part IV, and Section 373.086, Florida
56 Statutes; and
(c) The declaration of a water shortage pur-
58 suant to Section 373.175 or Section 373.246,
Florida Statutes.
60 (3) A schedule for establishing minimum seasonal
flows and levels shall be prepared by each dis-
62 strict, with Drimary consideration given to the
protection of entire ecological systems, especially
64 marine, estuarine. and auatic ecosystems. The
schedule shall be submitted to the Department by
66 July 1. 1994 and include, at a minimum, the fol-
lowing:
68 (a) Current status of determining minimum
flows and levels in the district:
70 (b) Technical and scientific methods used in
the district in determining how to protect
72 water resources, considering ground water
availability, surface water availability, in-
74 cluding environmental needs for proper
water stage, duration, timing. and distribu-
76 tion of water:
(c) A process for applying the method to the
78 programs. rules, permits, and other activi-
ties of the district in order to prevent natural
80 resource damage:
(d) A schedule for adoption of minimum
82 flows and levels for a representative selec-
tion of the different types of aquatic ecosvs-
84 teams present in the respective districts, con-
sistent with this chanter. The flows and
86 levels are to be set before July 1. 1996. for
representative water bodies of at least the
88 following types in each district:
(i) Lakes:
90 (ii) Streams and rivers:
(iii) Wetlands:
92 (iv) Estuaries: and
(v) Aquifers experiencing or at risk for
94 saline intrusion.
(4) The schedule for minimum flows and levels
96 shall be incorporated in the district water man-
agement plan.


11


-VI i A S1cs C LA ILS


7i1%^A *Of^ ^AAr^ m


a 0


I






June 8, 1993 Draft: Deletione Additions Transfers


2 Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, 373.042, 373.086, 373.17%
4 373.246, F.S.
History: New 5-5-81. Previously numbered as 1i
6 40.08. Amended 12-5-88. Previously numbered 1I
40.080.
8
17-40.475 Protective Buffers for Surfac
10 Waters
(1) As part of SWIM Plans or basin-specific man
12 agement plans. the districts are encouraged to es
tablish buffer areas adjoining surface water
14 bodies as appropriate to restore or preserve th
ecological quality and integrity of the water re
16 source. Such protective buffers should be suffi
cientlv wide to prevent harm to water quality
18 water quantity, hydrology, wetlands, and aauati
or wetland dependent wildlife from activities
20 regulated as part of a SWIM Plan. basin-specifi
management olan or district rules.
22 (2) Factors on which the width of the buffer
shall be based include:
24 (a) The biological significance of the wet
lands and uplands adjacent to the design
26 nated water body. including the nesting
reproductive, and shelter needs of aouatic
28 species and wetland-dependent wildlife spe
cies.
30 (b) The sensitivity of these species to disturb
bance, including the short-term and long
32 term adaptability to disturbance of both resi
dent and migratory species.
34 (c) The susceptibility of the buffer areas tc
erosion, including characteristics of th
36 slope, soils, runoff, and vegetation,

38
.., PART V .
40 WATER PROGRAM DEVELOPMENT

42 17-40.510 Florida Water Plan.
(1) The Department shall formulate an inte-
44 grated. coordinated plan for the management of
Florida's water resources. The scooe of the plan
46 shall include the State Water Use Plan and all
other water-related activities of the Department
18 and districts. It shall emphasize:
(a) Consistent state policies for the protec-


50 tion and management of the environment.
(b)Pollution prevention.
5, 52 (c) Protection and enhancement of the func-
tions of entire ecological systems through
7-54 enhanced coordination of public land acqui-
sition, regulatory, and planning programs.
56 (d) Interagencv coordination and coopera-
tion.
e58 (2The Florida Water Plan shall be developed in
coordination with district water management
-60 plans and include, at a minimum:
(a) Department overview, including a discus-
T62 sion of the interrelationships of Department
S and district programs:
.64 (b) Water management goals and responsi-
abilities. including the following areas of re-
c66 sponsibilities:
s (i) water supply protection and man-
c68 agement,
(ii) flood protection and management.
s70 (iii) water quality protection and man-
agement, and
-72 (iv) natural systems protection and
management:
S74 (c) Statewide water management policies
S and implementation strategies for each area
:76 of responsibility:
(d) Intergovernmental coordination, includ-
:78 ing the Department's processes for general
S supervision of the water management dis-
:80 tricts:
(e) Procedures for plan development, includ-
182 ing public participation:
(f) Methods for assessing program effective-
84 ness:
(g) Linkages to Department rulemaking.
86 budgeting, program development, and legis-
lative proposals:
88 (h) Chapter 17-40. F.AC.. State Water
Policy:
90 (i) Appropriate sections of the district water
management plans,
"92 (2) The Florida Water Plan shall be developed ex-
peditiouslv and may be phased. It shall be com-
94 pleted by July 1. 1995.
(3) At a minimum, the Florida Water Plan shall
96 be updated every five years after the initial plan
development.


12


~~-. .~--....~ ~--.~l.F~~--~~ ~--~.--~----~~~~-~~.~~--~"-.~ -~-~1-~- .11--l.~l~n~.~l~.-`~c.~X_ .~___ _1






June 8, .3 Draft: Deletione Additions Tra, ,ers


2 17-40.S 04i District Water Management
Plans.
4 (1) As required by Section 373.036(4), F.S., a long
range comprehensive water management plan
6 shall be prepared by each district which is
consistent with the provisions of this Chapter
8 and Section 373.036, Florida Statutes. District
water management plans shall serve as compre-
10 hensive guides to the districts in carrying out all
their water resource management responsibili-
12 ties. including water supply, flood protection,
water oualitv management, and protection of
14 natural systems. The plans shall provide
directions, strategies, and policies for district
16 activities, programs, and rules and will be imple-
mented by a schedule of specific actions of the
18 district, such as program development, land
acquisition, budgeting, technical assistance.
20 facility operations, and rule development.
f2LThe Ddistrict plan shall include an assess-
22 ment of water needs and sources for the next 20
years. The Ddistrict plan shall identify specific
24 geographical areas that have water resource
problems which have become critical or are
26 anticipated to become critical within the next 20
years, to be called water resource caution areas.
28 Identification of critical watr .upplyc pro.blm
areas water resource caution areas needed for
30 imposition of reuse requirements pursuant to
Rule 17-40.401(5), F.A.C., may be accomplished
32 before publication of the complete district Plan.
(2) 43 Based on economic, environmental, and
34 technical f eaibiliy analyses, a course of reme-i
dial or preventive action shall be specified for
36 each current and anticipated future critical
problem.
38 (3) 41 Remedial or preventive measures may in-
clude, but are not limited to, water resource pro-
40 jects; water resources restoration projects pursu-,
ant to Section 403.0615, Florida Statutes; pur-
42 chase of lands; conservation of water; reuse of re-
claimed water; enforcement of Department or'
44 .district rules; and actions taken by local gov-
ernment pursuant to a Iblocal Ggovernment
46 Gjomprehensive IPilan, local ordinance, or zoning
regulation.
48 (4) (51 District P-lans shall also provide for
identifying areas where collection of data, water!
50 resource investigations, water resource projects,
or the implementation of regulatory program(


52 are necessary to prevent water resource problems
from becoming critical
54
parc a dctailmi. plan cf Atudy for the preparation
56 of thc Ditrict Plan.
(6) District plans shall address, at a minimum.
58 the following subjects:
(a) District overview:
60 (b) Water management goals:
(c) Water management responsibilities, in-
62 cluding:
(i) Water suoply protection and man-
64 agement. to include needs and sources:
source protection, levels of certainty for
66 supply, and water use efficiency
standards:
68 (ii) Flood protection and management.
including facilities and floodplain
70 mapping and management:
(iii) Water Qualitv protection and man-
72 agement for both surface water and
ground water. This shall include the
74 district's strategies, priorities, and
schedules to develop pollutant load
76 reduction goals, and
(iv) Natural systems protection and
78 management, including ecosystem
management and minimum flows and
80 levels.
(d) Resource assessments. with identification
82 of regionally significant water resource
issues and problems. including determina-
84 tions of the need for ground water basin
resource availability inventories in various
86 portions of the district:
(e) Evaluation of options:
88 (f) Water management policies for identified
issues and problems:
90 (e) Implementation strategies for each issue
and problem:
92 (h) Integrated plan. describing how the
water problems of each county in the district
94 are identified and addressed.
(i) Intergovernmental coordination
96 (j) Procedures for plan development, includ-
ing definitions and public participation.
98 (6).L7 District Palans shall be developed expedi-
tiously and may be phased. All district Palans
00 shall be eeompfleted approved by the Governing


13






June 8, 1993 Draft: Deletinse Additions Transfers


Board no later than November 1, 1994.
2 (-7!;f At a minimum, district Plans shall be up
dated and progress assessed every five year
4 after the initial plan development.
(9) Plan development shall include adequate on
6 portunitv for participation by the public and gov
ernments.
8
17-40.530 DeDartment Aiproval of Distric
10 Water Management Plans
(1) At least sixty days prior to consideration bb
12 the governing board of the district water manage
ment plan. the proposed plan shall be submitted<
14 to the Department. The Department shall review
each plan to determine whether the propose
16 plan is consistent with this chapter, the FloridE
Water Plan. and the State Comprehensive Plan
18 If the Department determines that the plan is nol
consistent. the Deoartment shall recommend t
20 the governing board modifications or additions tc
the plan.
22 (2) After consideration of the comments and rec
ommendations of the Department. the governing
24 board shall approve the plan.
(3) Within 30 days after receipt of an approved
26 plan, the Department shall submit a determine.
tion of consistency with this Chapter to the ov.
28 earning board. The determination of the Depart.
ment shall not constitute a rule or order. If the
30 Department determines that the ulan is not con-
sistent. the governing board shall review the rec.
32 ommended changes at its next regularly sched.
uled meeting.
34 (4) Upon conclusion of its review, the governing
board shall either incorporate the recommended
36 changes into the plan or state in the plan. with
specificity, the reasons for not approving the
38 changes.
(5) Plan amendments shall follow the same
40 process as for'iitial plan approval.

42 17-40.540 Water Data
(1) The Department is the lead water Quality
44 monitoring agency for surface water and ground
water. The Department and the districts shall
46 coordinate Department and district water quality
monitoring activities to improve data and reduce
48 costs:
(2) The U. S. Environmental Protection Agency
50 water quality data base (STORET) shall be the


central repository of the state's water Quality
.52 data. Water quality data collected by the De-
s apartment and Districts shall be placed in the
54 STORET system within one year of collection.
(3) The Department and Districts shall encourage
,56 other agencies to lace water quality data in
STORE.
58 (4) The Department's biennial State Water Qual-
ity Assessment (the "305(b) Reort') shall be the
60 state's general uide to water quality assessment
and should be used as the basis for assessments
K62 unless more recent, more accurate, or more de-
S tailed information is available.
64 (4) Aopropriate monitoring of water quality and
water use shall be required of all permittees.
a66 (5) Consumptive water use shall be measured
S and reported by flow meters or another method
t68 approved by the respective district. However.
2 any consumptive use meeting any of the follow-
o70 ing tests shall be metered, unless exempted by
law:
.72 (a) Average annual daily withdrawal greater
S than 100.000 gallons.
74 (b) Capacity of more than 1.000.000 gallons
per day.
.76 (c) Withdrawal from a well with an outside
diameter of six inches or greater.
:78
L Specific Authority: 373.043, 373.026(2). F.S.
:80 Law Implemented: 189.4156,
373.036(4),373.0391(2)(e),403.064, F.S.
:82 History: New 5-5-81. Previously numbered as 17-
40.09. Amended 12-5-88. Previously numbered 17-
r84 40.090, Amended 8-14-90, 12-17-91.

.86 PART VI
S WATER PROGRAM ADMINISTRATION
88 AND EVALUATION

90 17-40.60416 Q Review and Application.
(1) This Chapter shall be reviewed periodically,
92 but in no case less frequently than once every
four years. Revisions, if any, shall be adopted by
94 rule.
(2) Within 12 months after adoption or revision of
96 this Chapter, the districts shall have revised
their rules and programs to be consistent with
98 the provisions contained herein.
(3) District rules adopted after this Chapter takes


14


I




1,


June 8, iv93 Draft: Deletieon Additions Trp,.,fers



effect shall be reviewed by the Department for52
2 consistency with this Chapter.
(4) Each district shall provide to the Department
4 on July 1 of each year a report detailing the dis-
trict's progress and plans for implementing this
6 Chapter and the Florida Water Plan in district
plans, programs, and rule.
8 (4)L At the request of the Department, each
district shall initiate rulemaking pursuant to
10 Chapter 120, Florida Statutes, to consider
changes the Department determines to be neces-
12 sary to assure consistency with this Chapter.
The Department shall be made a party to the
14 proceeding.
(&)MS District water policies may be adopted
16 which are consistent with this Chapter, but
which take into account differing regional water
18 resource characteristics and needs.
(6)~ A Ddistrict shall initiate rulemaking or
20 other programs to consider implementation of
programs pursuant to Sections 373.033, 373.042,
22 373.106, Part III, or Part IV of Chapter 373,
Florida Statutes, where the Department or
24 District determines that present or projected
conditions of water shortages, saltwater intru-
26 sion, flooding, drainage, or other water resource
problems, prevent or threaten to prevent the
28 achievement of reasonable-beneficial uses, the
protection of fish and wildlife, or the attainment
30 of other water policy directives.
(f(8) The Department and Pdistricts shall assist
32 other governmental entities in the development
of plans, ordinances, or other programs to pro-
34 mote consistency with this Chapter and Ddistrict
water management plans.
36 (D' Duplication of water quality and quantity per


38

40

42


mi~ucg tunctione cnoui DC cmnmaLca wncrQ ap-
propriatc through delegation of Department rz
cponcibiliticz to Dictrictz.
(9) Thc Departmznt and Difctrictz should accict
cducaticnal institutions in thc dcvclopmznt of
educational urriculamand rzooarch prcgramz
which meet Florida'o present and future water


44 managemenA t ncd.

46 Specific Authority: 373.026, 373.043, F.S.
Law Implemented: 373.016, 373.033, 373.042, 373.106,
48 373.114, F.S.
History: New 5-5-81. Previously numbered as 17-
50 40.10. Amended 12-5-88. Previously numbered 17-
40.100. Amended 12-17-91.


15


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