Y^T STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
TWIN TOWERS OFFICE BUILDING
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32301
VICTORIA J. TSCHINKEL
October 9, 1981
Mrs. Liz Cloud
Florida Administrative Weekly
Capitol Building, Suite 1802
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Please publish the attached Notice of Public -Hearing
regarding the proposed adoption of the general section of a State
Water Policy, Chapter 17-40, Florida Administrative Code, in the
Florida Administrative Weekly, to be issued Friday, October 16,
Thank you for your assistance.
Geneva M. Hartsfiea
cc: Mr. Burke Jolly
Protecting Florida and Your Quality of Life
DEPARTMENT OF ENVIRONMENTAL REGULATION DOCKET NO. 81-4R
RULE TITLE: Water Policy
The Department announces the continuation of a hearing
previously held on March 27, 1981, and continued on June 8, 1981,
before the Secretary of the Department of Environmental Regulation
forthe purpose of adopting the general section of a State Water
Policy and discussion of rights to use of water. The Secretary
will consider adopting two subsections dealing with rights to use
DATE AND TIME: November 17, 1981, at 10:00 A.M.
PLACE: Department of Environmental Regulation, Fourth Floor Con-
ference Rooms B & D, Twin Towers Office Building, 2600 Blair Stone
Road, Tallahassee, Florida. A copy of the Proposed Rule and Economic
Impact Statement may be obtained by contacting the Office-of Public
Information, Department of Environmental Regulation, Twin Towers
Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32301.
THE FULL TEXT OF THE PROPOSED RULE IS AS FOLLOWS:
17-40.04 Water Use
(5) In implementing consumptive use permitting programs, the
department and the districts shall recognize the rights of property
owners to make consumptive uses of water from their land and the
rights of other users to make consumptive uses of water, as both
limited by law, 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) Nothing in this Chapter shall be deemed to authorize a
permitted to make consumptive uses of water which cause significant
adverse impacts on off-site land uses or legal uses of water, or
abridge the right of affected persons to seek redress or mitigation
of such significant adverse impacts, in an appropriate forum.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, Part II, 373, F.S.