Title: The Final Revisions to the "Water Policy" Rule 17-40
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00000957/00001
 Material Information
Title: The Final Revisions to the "Water Policy" Rule 17-40
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: The Final Revisions to the "Water Policy" Rule 17-40
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 56
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000957
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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17-40.0)1 Declaracio and latent.

(1) The waters of the state are among its basic resources. Such

voters should be managed to conserve and protect natural resources and

scenic beauty and to realize the lull beneficial use of the resource.

Recogniting the importance of wuser to the state, the Legislature passed

the Water Resources Act, Chapter 373, Florida Statutes.

4 r-Chapree-i )a-Fi7r.do-SdaeaeoT-peoudee-shoa-sh-Sotee-uwsepr-Ue- I

PyL*-ad-*Sho-Foetdar(-W ree-P--wtu-be-devolop ei-peodeeooieey-so-sdo*ls I


den*pede I

4)i-da-a-poe-*f-ethe-Sae**-Uaer-Ue-Ptia-sLhe-Depeamenrr-a y-preetde- I

BIaeArso*-**-*a-dee- eao*-eU y. I

.I* te*-h6te-se4 ZIshls Chapter Is Intended to clarify water policy I

as expressed in Chapter 373, Florida Statutes, and to otherwise provide

ulidance to the Department and DOltricts in the development of prolramns,

rules, an plans.

L.4U This Chapter does not repeal, amend or otherwise alter any rule I

now exiting or later adopted by the Department or District. However,

procedures are Included in this Chapter which provide for the review and

modification of Department and District rules to assure consistency with

the provisions of this Chapter.

6*4-Thio**Ghopa-ohei-ke--peeo-o<-he$-Saoe-uer-U*t-Plan-and-*he- I

Faste*-wnae*Plar. I

L(J*4 It ti the intent of the Department, in cooperation with the

Water Management Districts, to seek adequate sources of funding to

supplement District ad valorem taue to implement the provisions of this


Specific Authority: 373.026(7), 373.043, 403.05, F.S.

Law Implemented: 2.1016 0;41e., F.S.

history: new s5--41. mnd d _.

When appearin in thl Chapter, the following vords shell meon:

(1) "Conuumanive use" means soy use of water which reduces the suasly

from which it is withdrawn or diverted.

L( 0) "Department" eans the Department of Envirnmental tReulation. I

LU()4 "District" maeMs a Water Henseament District created pursuant

to Chapter 373, Florida Statutes.

(4) "Effluent". unless snecificlly stated othervis me. mans voter thti

is not reused after flowing out of any facility or other vwrks used for

the purpose of treating. otabilizina or holdina wstes.

(51 "Florida Water Plan" means the StateWater se Pla n formulated

Dursuant to Section 173.036. Florida Statutes. together with the water

aoulity standards and voter classifications adopted by the Department.

(6) "eaasonable-beneficial use" means the use of water In such

ouantity as is nectsaar for economic and efficient utLlilttion for a

purpose and in a manner which is both reasonable and conlsatent with the

public interest.

(7) "leclaimed wate" means water that has received at leIst secondarv

treatment and is reused after flowlui out of a vwltevwter treatment

(I) "euse" means the deliberate solication of reclaimed water. in

compliance with Department and District rules. for a beneficial ocpuce.

(a) Where aporonriate. said uses may encomnass:

1. Landscape irritation such as irisation of tolf courses.

r rl hih kluw rda---- ark nl*vrds 1hnhl rmAd rkrl. l

nurseries, and reatldntial Oromertiesl:

2 i l,...i i- i h..

A. Lar Uc tura rL -s o...-a-aILsI. o o oo. E.r-'. DIN&* --

and seed cross. whlolesle nurseries, aod farms. and phAtures)r

3. Aesthetic uses (tuch a decorative sonds end fount.lne.:

4. Groundwvter recharge (such as slou-ract. ratld-rate- and absorctlon

field lan aDDpliccationl at*ml Rut nom inEnluin. DIAIn.. methods

described in ulte 17-40.020(1t)bl. F.A.C.

S. Industrial uses (such as coalina wter. process water. and wash


-1- Filed with secretaryy of State
oi 11/15/R8
will be effective on 12/()51/118


i i i n f t d fit f dder

--------\ L__-


b. LnvlronMnt*l elnnncement of sur aIeL wtSLL rL utinLt ro

dlachrale of reclaimed Iater having received at least advanced wateVateIjr

treatment or Ifro dichar.e of relalmd water for wetlands restoration:

7. fire nrotetion: or

*. Other useful DurmOse.

fb) 0verlald flaw land analistion avatemu. raPid-rate land

anlllicatlon avatema rovidina continuous loading to a sllale Dercolation

cell. other land anolication evatemu involving less than secondary

treatment orior to anlleatlon. exotic tanks. and araundwvter disoosel

avstems ueinn Claso I walls inlectina affluent or wanted into Class G-IV

water shall be eteludod from the definition of reuae.

(91 "State Water Uas Plan" means the plan formulated oursuant to

Section 17.03&. Florida Statutes. for the use and development of waters

at the Itate.

f10) "Water aualit- -tandarda" sann standard comprised of designated

mat Beneficial uses (rlaslfieatian of watersl. the numerical and

narrative cerimria amnlied to the antcific vater use or classification.

thet lorida anrl-da.radation policy. nd the moderation provilion&

contalnad in mule 17.1 and 17-4. F.A.C.

Specific Authority: 373.026(7). 373.043, 403.oS0, r.s.

Lew Implemented: M1.Mu.* a66, r.S.

history: now S-l5-8. aA6 d _.

17-40.030 General Water Policy.

The following statemeat of general water policy shall provide 4 basis

for Department review of water management program, rules, and plane.

weter management progress rules and plans, where economically and

environmenctlly fetalble, not contrary to the public interest, and

consistent with Florida law, shall seek to:

(1) Assure avallabllity of an adequate and affordable supply of water

for all resesoable-benlliciel uses. Uses of water authorized by a permit

shall Ug limited to reasonable-beneficial uses.

(2) Beserve from use that water necessary to support essential

ooa-vthdrawal demands, including navigation, recreation, and the

protection of fish and wildlife.

1. Cnamion and develop sound water conservation Dorctlces and

public information nroerao.

lL(i1 A'm ALL._ad.A_ .litth.c P*. *e-*seer-**e*e*ve rJeur Ao

reclaimed water as an integral pOrt of vwter aanagemet progrge rule,

and plano eroniaeent with orotectLln of the nubll health aod surface and

around water oualit, ead-ae-ue--do-**e---esee-w4-eb-e.e- w -


fl> tFcourate the use of weter of the laowat acceotabla quality for

the ouroone latlanded.

(LA*4 Utilize, preserve, restore, and eabeace natural water

manaement system and discourage the chalmeliztiom or other alteration

of natural rivers, screams and lakes.

U4) Protect the water storage and water quality eiheacement

functions of wetlands floodplains, and aquifer recharge areas through

acquisition, enforcement of laws, and the application of land and water

management practices which provide for compcatble uass.

L~144) Hitigate adverse impacts resulting free prior alteration of

natural hydrologic patterns and fluctuations in surface and ground wacer

UJ.1; Establish mintlum flows and levels to protect uwter resources

and the environmental values associated with arli, ecturlsta,

freshwater, and wetlands ecology.

(19 4) Encourege nostructural solutions to vwter resource problems

and give adequate colasieraton to nnnstructural *a-esueueei-* 1

alternatives whenever structural works are proposed.

L Ul14) encourage the management of floodpletna and other flood hazar&

areas to prevent or reduce flood damage, consistent with establishment ana

saintenance of desirable hydrologic characteristics of such areas.

j(12J 40) Manage the construction and operation of facilities which

dea, divert, or otherwise alter the flow of surface waters to prevent

increased flooding, soil erosion or acessive drainage.

(143)~ Encourage the development of local and regional water

supplies within districts rather than transport water across District


(1 +a)4 Control point and non-point sources of water pollution to the

greatest degree feasible as provided in Denartment rules haps*re-6l-iv-


U(ij*4i) Uevelop Interstate agreements and undertake cooperative

program with Alabama and Georgia to provide for coordinated management of

surface and ground waters.

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

Law Implemnted: 73. L01 Chaepse-3. r.S.

liatory: New 5-5-81*. fHAA __

17-40.040 wMter Oas.

The following shall apply to those arese where the use of water is

regulated pursuant to Part II of Chapter 373, Florida Statutes:

(1) No permit shall be granted to authorize the use of water unless

the applicant establishes that the proposed use Is a reasonable-beneficial

use, will not interfere with presently existing legal uses of wvter and is

consistent with the public Itcerest.

(2) In deteralning whether a water use is a reasonable-beneficial use,

consideration should be given to any evidence presented concerning the

following factors:

(.) The quantity of vwter 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 mpunt of harm caused;

(I) The practicality of mitigating any harm by adjusting the quantity

or method of use;

(g( Wbether the impact of the withdrawal extends to land not owned or

legally controlled by the user;

(h) The method and efficiency of use;

(1) Water conservation measures taken or available to be taken;

(j) The availability of reclaimed water for and the practicality of

reuse, or the use of waters of more suitable quality;

(k) The present and projected demand for the source of water;

(1) The long tora yield available from the source of water;

(m) The extent of water quality degradation caused;

(n) Whetner the proposed use would cause to contribute to flood

damage; ad


(o) Whether the proposed use would igniflcantly Induce U AikLLtt *a&t- I

were* intrusion., I

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

the resources,

(a) Whether the orooosed use would adversely affect public health: and

LL)*Jq Other relevant factors.

(3) Water shall be reserved from permit use in such locations and

quantities, and for ouch 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 reaoutLdir e-equiiemen unless not I

economically or environmentally feasible.

(5) The Districts shall desianste area that have water SUDpDlv roblem

which have become critical or are anticinated to become critical within

the next 20 years. The Districts shall identify such critical water

suoply problem areas during orearation of a District Plan pursuant tc

Rule 17-40.090. F.A.C.. and shall adoet these ae.lnationa by rule by

ovember 1. 1991. A reasonable amount of reuse of reclaimed water fro

amenstic v Lastewter treatment acllltlies hall be reouird within

delsinated critical water suoonlyv rblem areas unless such reuse Is nc:

economically environPentallv. or technicallv feasible. The Districs

shall Drifodicallv update tchir destinations of critical water suarly

oroblel areas by rule. Such uodates shall occur within one vyer after

Updates of the DistriCt Plan prepared pursuant to Aule 17-0.090. F.A.C.

After coamoltlon of the District Pln or undates oursuant to Rule

17-40.090. f.A.C.. the Districts may limit areas where reuse shall be

required to areas whert reuse is socified as a remedial or preventive

action pursuant to Rule 17-40.090(2). F.A.C. Any sucr imiartion of are

where reuse shall be reoulred shall be destinated by rult

(6) A reasonable amount of reuse of reclaimed water fror domesat

vastevwatr treatment facilities May be reaulred outrias of areas

deslansted pursuant to Rule 17-40.040(5). F.A.C.. as subject to crltlcal

water supply orablms provided:

(l) lhclaimed water 1s readily available: and

ib) The District has adopted rules for reuse in these areas.


01 Ithe Denaarment couCaLaJkuyL IalanMgM~

for reuse of recialf water. Thnee rules nhll not be delmed o oreStL

any such local rZeuse ra msra.

LU(M4 In Spliasting consu ptive use permittnla programs, the

fd*pertentc and the 9lietricts sall recoRgnle the rtiht of property

overe, as limited by Iaw, to eae* conaeptive uses of water from their

lead, and the rights of other users, as limited by law. to make

coausaptive uses of water, for reasonable-beneficial uses in a manner

consistent with the public interest that will not interfere with any

prsantly siastia legal us of water.

.1*64 Permits authorista conaumpcive uses of water which cause

unanticipated significant aerse Impacts on off-site land uses exciting

at the time of permit application, or on legal uses of water existing at

the tie of permit application, should be considered for modification, to

curtail or abaot the adverse Impacts, unless the itpacts can be mitigated

by the pernfttLs.

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

Law lplemented: 21.l 01 M8O*, Port II, 373, F.S.

History: NBe 5-5-81. Amended 24-2_____

17-40.0s0 Waet Trameart.

The folleowvis o11 apply to the transfers of water where such

trausters are regulated pursuit to prt II of Chapter 373, Florida


(1) The trasport or use of water scroes District boundaries shall

require approval of each Involved District.

(2) ln decidin whether the transport and use of water across District

boundaries I consaitent with the public Interest purusant to Section

373.223, Florida Stetute, the Districts should consider the extent to


(ae Comprehensive vwter conservation and reuse programs are implemented

and enforced in the area of need.

(b) The major costs, benefits, and environmental Impacts have been

adequately determined including the impact on both the supplying aad

receiving aree;

(c) The transport t san environmentally and economically acceptable

method to supply avter for the given purpose;

" ~"

(d) The present and projected water needs of the supplying area are

reesonably determined and con be satllsied if the transport takes place;

(e) The transport plan incorporates a regional approach to ewter supply

and distribution including, where appropriate, pliu for eventual

interconnectlon of water supply sources; and

(f) The transport is otherwise consiatent with the public interest

based upon evidence presented.

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

Law Implemented: 37.01 80l6.i8, Part II, 373, F.S.

History: now 5-5-81. aMAN .

17-40.060 peter Quality.

(1) Water quality standards hall be enforced pursuant to Chapter 403,

florida Statutes, to protect wters of the State frm point and non-point

sources of pollution.

(2) State voter quality staderds adoptedd by Deprtment rule hall be a

part of the Floride MWter Flan.

Specific Authority: 403.061, 373.026, 373.043, 403.805, F.S.

S Le lIplemented: 3AOa6hT 373.039, 403.021, r.S.

History: ewv S-5-5t. AlB -o "C

17-40.070 Surtsae Water R lagmu t.

The following seoll apply to the regulation of surface woters pursuant

to part IV, Chapter 373, Florida Statutee.

(1) The construction and operation of facilities which luaese or store

surface voters, or other facilities which drain, divert, Iapound,

discharge into, or otherwise Lapact waters tn the State, and the

improvements served by such facilities, shall not be harmful to ewter

resources or inconsistent with the objectives of the Department or


(2) In determining the hern to veter resources ad consistency with the

objectives of the Department or Diatrict, consideration should be given to:

(e) The impact of the facilities on:

1,J& recreation,

Lf6Z. navigation,

3.1(666) ter quality,

46tv fiseh and wildlife,

594) wetlands, floodplains, and other environmentally senstilve lands,

Ltkw sa*iwamte or pollution intrusion, including any bartier line

eataOllshed pursuant to Section 371.033, Florida Statutes.

L~tvii reasonable-beneflcial uses of water,

Lt*966* minimum flows and levels established pursuant to Section

373.042, Florida Statutes, and

L~6a) other factors relating to the public health, safety, and welfare;

(b) Whether the facilities meet applicable design or performance


(c) Whether adequate provisions exist for the continued satisfactory

operation and malatem ace of te facilities;

(d) The ability of the facilities and related Improvements to avoid

increased damse to offsite property or the public caused by:

LtJ floodplain development. encroachment or other alteration,

l&466 reterdance, acceleration or diversion of flowing water,

lJt4&4 reduction of natural wter *corage areas,

L. e4 facility failure, or

jU other actio&a adversely impacting offaite water flows or levels.

Specific Authority: 373.026, 373.043, 403.(80, r.S.

Law implemented: 2731.-01A 861a6, Part IV. 373, F.S.

History: lew S-5-8l. ASandU

17-40.080 MIMAm Flrws aod Levels.

(1) In establishing minimum flows and levels pursuant to Section

373.042, consideration shall be given to the protection of water

resources, natural seasonal fluctuations In water flows or levels, and

environmental values associated with coastal. estusrine, aquatic, end

wetlands ecology, including:

(*) recreation in and on the water;

(b) Fish and wildlife habitats and the passage of fish;

(c) Estuarine resources;

(d) Transfer of detrital material;

(e) Maintenance of freshwater storage and supply;

(I) Aesthetic and scenic attributes;

(g) Filtration and absorption of nutrients nd other pollutants;

(h) Sediment loeds;

i() water quality; and

(J) lNvigation.

(2) Established minimum flows ao d levels shall be a consideration

where relevant to:

(s) The construction and operation of water resource projects., I

(b) The ieuuance of permit pursuant to Part II, Part IV, and Section

373.086, Florida Statutc.gnd-r I

(c) The declaracton of a water shorter pursuant to Section 373.175 or

Section 373.246, Florida Statutes.

Specific Authority: 373.026, 373.043, 403.605, F.S.

Law Implemented: 73.01 h i O8,06 373.042, 373.086, 373.175. 373.246, F.S. I

History: How S-5-81. IunadM d

17-40.090 District rater anagemet Plon.

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

is consistent with the provisions of this Chapter and Section 373.036.

Florida Statutes. The District Plan shall include an assessment of water

naed4 and sources for the next 20 Years. The Dstrict Palan shall

identify specific geographical areas h hfl-uboheve water resource

problems Ywhich have tM e esh**ed critical eeats or are antileiated to

become critical within the next 20 years. jdentlflrcalon of critical

yuter a UDly oroblm areas needed for imnoltioan of reuse reouirements

nursuant to Hula 17-40.o00)(S. F.A.C.. may be accomplished before

publication of the copoltet District Plan.

(2) eased on economic. environmental. and technical fealbility

analyss. J A course of remedial or preventite action shall be specified

for each Current and antitrl ated future critical problem.

(3) Remedial or nrvcAntive. a eures say include, but are not limited

to, water resource projects; wvter resources restoration projects pursuant

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

Vater: reuse of reclaimed Vter: enforcement of Department or District

rules; and actions taken by local government pursuant to a Local

Government Comprehensive Plan. local ordinance, or tontln regulation.

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

collection of data, Wartr resource investigtions. water resource

projects, or the implementation of regulatory programs are necessary to

prevent vwter resource problems from kbGi.M ree*eh&as-critical *e*ela.

(i5 by November 1. 198. each District shall Drteare a detailled clan

f th District Pl n

of utudy &o rt.e air . .


(&) district Plans shall be developed exoeditiously ad may be-.

Abased. All istrlct Planl shall be raoleted no later than

ovaember 1. 1994.

17) At a mini District Plans shall be uodated every five ears

after the install olan develemmnt.

Specific Authority: 373.026, 373.043, 403.605, r.l.

Law Iaplemeted:s 3~ 1-01 6 06, 373.033, 373.042. 373.106, 373.114, F.S. I

Ilstocy: rnw 5-5-81. amud"da '- --

17-40.100 tevtw M Applicaties.

(1) This Chapter Lhall be reviewed periodically. but In no case less

frequently them ece every four years. Revisions, If any, shall be

adopted by rule.

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

Department, nl coordination with the Districts, shall review existing

rules for conaisteacy with the provisions contained herein.

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

revievwe by the Departuent for consistency with this Chapter.

(4) At the request of the Deprtment. each District shall Initiate

rulemaking pursuant to Chapter 120. Florida Statutes, to consider changes

the Department deteorltes to be necessary to assure consistency with this

Chapter. The Department shll be made a party to the proceeding.

(5) District water pellclee y be adopted which are consistent with

this Chapter, but which take Into account differing regional wvter

resource characterittice sad needed.

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

progrus pursuant to Sections 373.033, 373.042, 373.106, Part III, or Part

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

determisea that present or projected conditions of wvter shortages,

saltwater intrusion, flooding, drainage, or other water resource problems,

prevent or throeten to prevent the achievement of reisonable-beneficial

uses, the protection of fish and wildlife, or the attainment of other

water policy directives.

(7) The Departmaet and lstrlcts shell assist other governmental

entitles in to development of plans, ordinances, or other programs to

promote consistency with this Chapter and District water management plans.

t$) Duplication of water quality ond quaOtity permtl g lu function

should be eliminated wbhre appropriate through delegation of Department

responsibilities to Districts.

(9) The Department and Ditricts bsould aslst educational

instlcttions la the 4eveloment of educOtleanl curricula Wad reearch

program which meet rloride's present ea future water m uagment meeas.

Specific Authority: 373.026. 373.043, 403.001, F.S.

LW l0plaemeted: l373.Ofl gv,6, 313.033, 373.042, 373.106. 373.114, F.S. I

history; nwv 5-5-61. admaA.

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