Title: Memorandum to SWFWMD Governing Board Members re: State Water Policy. Two additional statements to be added to the water use portion of the policy were
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Title: Memorandum to SWFWMD Governing Board Members re: State Water Policy. Two additional statements to be added to the water use portion of the policy were
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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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Bibliographic ID: UF00052962
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Source Institution: Levin College of Law, University of Florida
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LAW OFFICES
BLAIN & CONE, P.A.


L. M. BLAIN
THOMAS E. CONE. JR.
GARY A. GIBBONS
FRED A. McCORMACK

OF COUNSEL
GEORGE O. WILSON. III


November 25, 1981



MEMORANDUM


202 MADISON STREET
P. O BOX 399
TAMPA. FLORIDA 33601
1813) 223-3888

206 SOUTH MONROE STREET
P. BOX 10449
TALLAHASSEE. FLORIDA 32301
(904) 22-0960


REPLY TO Tampa office






To: Governing Board Members
From: L. M. Blain, General Counsel
Re: State Water Policy




The Secretary of DER concluded hearings on the State Water Policy
on November 17, 1981, and adopted two additional statements to
be added to the water use portion of the policy. These appear as
paragraphs (5) and (6) of 17-40.04 and are attached.

These are consistent with Chapter 373 and with SWFWMD rules.

We had excellent cooperation with DER and the other Districts
although the process has been very lenghty. Hopefully, this
concludes the matter for a while.
















LM/sb /


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(7




, 17-40.04 Water Use


The following ;hall apply to those areas where. he use of water
is regulated pursuant to Part II of Chapter 373, Florida Statutes:

(1) No permit shall be granted to authorize the use of water
unless the applicant establishes that the proposed use is a
reasonable-beneficial use, will not interfere with presently
existing legal uses of water and is consistent with the public
interest.
(2) In determining whether a water use is a reasonable-beneficial
use, consideration should be given to any evidence presented
concerning the following factors:
(a) The quantity of water requested for the use;
(b) The demonstrated need for the use;
(c) The suitability of the use to the source of water;
(d) The purpose and value of the use;
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by adjusting
the quantity or method of use;
(g) Whether the impact of the withdrawal extends to land
not owned or legally controlled by the user;
(h) The method and efficiency of use;
(i) Water conservation measures taken or available to be
taken;
(j) The practicality of reuse, or the use of waters of
more suitable quality;
(k) The present and projected demand for the source of water;
(1) The long term yield available from the source of water;
(m) The extent of water quality degradation caused;
(n) Whether the proposed use would cause or contribute to
flood damage; and
(o) Whether the proposed use would significantly induce salt
water intrusion.
(p) The amount of water which can be withdrawn without
causing harm to the resource.
(q) Other relevant factors.
(3) Water shall be reserved from permit use in such locations and
quantities, and for such seasons of the year, as in the judgment of
the Department or District may be required for the protection of
fish and wildlife or the public health or safety.
(4) Conservation of water shall be a requirement unless not
economically or environmentally feasible.
(5) In implementing consumptive use permitting programs, the
Department and Districts shall recognize the rights of property
owners, as limited by law, to make consumptive uses of water from
their land, and the rights of other users, as limited by law, to
make consumptive uses of water, for reasonable beneficial uses in
a manner consistent with the public interest that will not interfere
with any presently existing legal use of water.
(6) Permits authorizing consumptive uses of water which cause
unanticipated significant adverse impacts on off-site land uses
existing at the time of permit application, or on legal uses of
water existing at the time of permit application, should be
considered for modification to curtail or abate the adverse impacts
unless the impacts can be mitigated by the permitted.











(2) Established minimum flows and levels shall be a consideration

2 where relevant to:



4 (a) The construction and operation of water resource projects;



6 (b) The issuance of permits pursuant to Part II, Part IV, and Section

373.086, Florida Statutes; and

8

(c) The declaration of a water shortage pursuant to Section 373.175 or

10 Section 373.246, Florida Statutes.



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

Law Implemented: 373.016, 373.042, 373.086, 373.175, 373.246, F.S.

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

12-5-88.

16

17-40.090 District Water Management Plans.

18

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

20 is consistent with the provisions of this Chapter and Section 373.036,

Florida Statutes. The District Plan shall include an assessment of

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

shall identify specific geographical areas that have water resource

24 problems which have become critical or are anticipated to become

critical within the next 20 years. Identification of critical water

26 supply problem areas needed for imposition of reuse requirements

pursuant to Rule 17-40.040(5), F.A.C., may be accomplished before

28 publication of the complete District Plan.



30 (2) Based on economic, environmental, and technical feasibility

analyses, a course of remedial or preventive action shall be specified

32 for each current and anticipated future critical problem.



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(3) Remedial or preventive measures may include, but are not limited

2 to, water resource projects; water resources restoration projects

pursuant to Section 403.0615, Florida Statutes; purchase of lands;

4 conservation of water; reuse of reclaimed water; enforcement of

Department or District rules; and actions taken by local government

6 pursuant to a Local Government Comprehensive Plan, local ordinance, or

zoning regulation.

8

(4) District Plans shall also provide for identifying areas where

10 collection of data, water resource investigations, water resource

projects, or the implementation of regulatory programs are necessary

12 to prevent water resource problems from becoming critical.



14 (5) By November 1, 1989, each District shall prepare a detailed plan

of study for the preparation of the District Plan.

16

(6) District Plans shall be developed expeditiously and may be

18 phased. All District Plans shall be completed no later than November

1, 1994.

20

(7) At a minimum, District Plans shall be updated every five years

22 after the initial plan development.



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

Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114, F.S.

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

12-5-88.

28

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17-40.100 Review and Application.


2

(1) This Chapter shall be reviewed periodically, but in no case less

4 frequently than once every four years. Revisions, if any, shall be

adopted by rule.

6

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

8 Department, in coordination with the Districts, shall review existing

rules for consistency with the provisions contained herein.

10

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

12 reviewed by the Department for consistency with this Chapter.



14 (4) At the request of the Department, each District shall initiate

rulemaking pursuant to Chapter 120, Florida Statutes, to consider

16 changes the Department determines to be necessary to assure

consistency with this Chapter. The Department shall be made a party

18 to the proceeding.

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

20 this Chapter, but which take into account differing regional water

resource characteristics and needs.

22

(6) A District shall initiate rulemaking to consider implementation of

24 programs pursuant to Sections 373.033, 373.042, 373.106, Part III, or

Part IV of Chapter 373, Florida Statutes, where the Department or

26 District determines that present or projected conditions of water

shortages, saltwater intrusion, flooding, drainage, or other water

28 resource problems, prevent or threaten to prevent the achievement of

reasonable-beneficial uses, the protection of fish and wildlife, or

30 the attainment of other water policy directives.



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- I ~__ --











(7) The Department and Districts shall assist other governmental

2 entities in the development of plans, ordinances, or other programs to

promote consistency with this Chapter and District water management

4 plans.



6 (8) Duplication of water quality and quantity permitting functions

should be eliminated where appropriate through delegation of

8 Department responsibilities to Districts.



10 (9) The Department and Districts should assist educational

institutions in the development of educational curricula and research

12 programs which meet Florida's present and future water management

needs.

14

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

16 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

18 12-5-88.

22
WORKSHOP DRAFT 11/28/89

CODING: Words underlined are additions; words in struek-threugh type are
deletions from existing law.




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