Title: Changes Made 9/12/1974 including drafts and handwritten notes
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 Material Information
Title: Changes Made 9/12/1974 including drafts and handwritten notes
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Changes Made 9/12/1974 including drafts and handwritten notes
General Note: Box 11, Folder 1 ( Buddy Blain's Copy of Rules and Regulations (Vol II) - 1974 ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002762
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text
F--wgD


Proposed Change No. / In Rule 16 CB-0.15, on the first
line of paragraph (1), after the words "flows and levels" insert:


and regulatory levels


On the seventh line of paragraph (1), after the words "a schedule
0j of" strike:

minimum


Proposed Change No. In Rule 16 CB-0.15(5), after the
last paragraph, insert an additional paragraph to read:


The weekly average regulatory level shall be
determined cumulatively for each production year but
at no time shall the weekly average elevations of the
potentiometric surface of the Floridan Aquifer be more
than five (5) feet below the regulatory level.


Proposed Change No. 3
revise rule to read:


In Rule 16 CB-1.07, completely


(1) The Board will either issue or deny the
permit within forty-five (45) days after receipt of
a completed application, together with all supporting
information requested, or set a time for a public
hearing on said application.
(2) The applicant shall be given notice not less
than ten (10) days in advance of such hearing.


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Proposed Change No. In Rule


VJJ "August 13, 1976"


16 CB-2.04(2) (a), change:


"September 11, 1976"


and change:


V


"August 14, 1976"


"September 12, 1976"


Proposed Change No. .
the word "day" insert:

V


In Rule 16 CB-2.06(1)(b), after


and the maximum amounts to be consumptively used per


year and during any single day


Proposed Change No.
line, strike


/ "thereaft


-re-


In Rule 16 CB-2.09, on the last


er"


and insert:


"after such deadline."










C)- -



Proposed Change No. Completely revise Rule 16 CB-2.11
to read:



16 CB-2.11 Conditions for a Consumptive Use Permit.--

(1) The intended consumptive use:

(a) Must be a reasonable, beneficial use.

(b) Must be consistent with the public

interest.

(c) Will not interfere with any legal use of

water existing at the time of the application.

(2) Issuance of a permit will be denied if the

withdrawal of water:

(a) Will cause the flow of a stream or other

watercourse to be lowered below the minimum flow estab-

lished by the Board.

(b) Will cause the level the p tentiometric

surface to be lowered below the established

by the Board.

(c) Will cause the level of the surface of

water to be lowered below the minimum level established

by the Board.- -

(d) Will b u e salt water encroach-

ment.

(e) Will cause the water table to be lowered

so that the lake stages or vegetation will be adversely

. A aff ed ori lands other than those owned, leased, or

otherwise controlled by the applicant.

;




...... .. -* *.is tr..-..i.;.. -,. aa j, ri x a ., ,







Proposed Change No. (continued)



(3) Issuance of a permit will be denied if the

amount of water consumptively used will exceed the water

crop of lands owned, leased, or otherwise controlled by

the applicant. (Except where determined otherwise, the

water crop [precipitation less evapotranspiration]

throughout the District will be assumed to be 365,000

gallons per year per acre.)

(4) The withdrawal of water:

(a) From a stream or their w tercourse must

not reduce the flow by more than percent at the

time and point of withdrawal.

(b) Must not cause the level of the potentio-

metric surface under lands not owned, leased, or other-

wise controlled by the applicant to be lowered more than

five (5) feet.

(c) Mustnot cause the level of the water table

under lands not owned, leased, or otherwise controlled by

the applicant to be lowered more than three (3) feet.

(d) Must not cause the level of the surface

of water in any lake or other impoundment to be lowered

more than one (1) foot unless the lake or impoundment is

wholly owned, leased, or otherwise controlled by the

a applicant.

(e) Must not cause the potentiometric surface

to be lowered below sea level.




S -. ---. --- -.







Proposed Change No. (continued)



(5) The Board for good cause shown may grant

exceptions to the provisions of paragraphs (2), (3),

and (4) above when, after consideration of all data

presented, including economic information, it finds

that it is consistent with the public interest aadMtt




(6) The Board may condition the granting of a

permit so as to require:

(a) Notification of the date on which with-

drawals are commenced with such notification to be post-

marked no later than five (5) days after the date of

such commencement.

(b) Installation of flow metering devices.

(c) Reports of withdrawals on forms to be

provided which shall be submitted within the times pre-

scribed.

(d) Installation of observation wells or

other monitoring facilities and may establish regulatory

levels.

(e) Future reductions in withdrawals or

diversions, provided the schedule of any such reductions

or withdrawals shall be set forth specifically on the

face of the permit.












Proposed Change No. ( (continued)


(7) The Board may reserve water from use by

permit in such locations and quantities, and for such

seasons of the year, as in its judgment may be required

for the protection of fish and wildlife or the public

health and safety. Such reservations shall be subject

to periodic review and revision in the light of changed

conditions. However, all legal uses of water existing

August 15, 1974, shall be protected so long as such

use is not contrary to the public interest.




. I .. I


Proposed Change No. In Rule 16 CB-2.15(4), afwlw




This pr isi n shall ot be use to re oke a mit

which sbe n is ed f us at infrqu t int rvals

or for stan by purpose











Proposed Change No. q In Rule 16 CB-2.16, after ( (h),
sert a new subparagraph (i) and renumber succeeding paragraphs:


(i) Perishable food processing.--Perishable

/food processing use includes industrial uses involving

the processing of perishable food.


I











S Proposed


Change No. Revise Rule 16 CB-3.01 to read:


16 CB-3.01 Purpose.--The purpose of this part is:

(1) To codify, with only slight modification,
those rules presently contained in Chapter 16 CC,

Florida Administrative Code, heretofore promulgated
by Southwest Florida Water Management District (Regu-

latory). This water regulatory district was.created

pursuant to the authority of Chapter 373, Florida

Statutes, prior to the enactment of the Water Resources
Act of 1972. Part I of the existing rules is set
forth hereinafter as Rules 16 CB-3.02, -3.04, -3.05,
-3.06, -3.07, -3.071, -3.08, -3.09, -3.10, -3.11, -3.12,
-3.13, -3.14, and -3.15. Part II of the existing rules
is set forth as Rule 16 CB-3.30.

(2) To enforce regulations promulgated by the
Department of Natural Resources relating to construction
standards. This provision is set forth hereinafter as

Rule 16 CB-3.20.


proposed Change No. .In Rules 16 CB-3.03, on the fifth
V from last line, after the word "regulations" insert:


heretofore











Proposed Change No.
para raph (6) add:



"artesian head"


In Rule 16 CB-3.21, at the end of


Proposed Change No. 3 Strike all of Rules 16 CB-3.20,
3.21, and 3.24 and insert a new Rule 16 CB-3.20 to read:



16 CB-3.20 Construction Standards.--The regulations

promulgated by the Department of Natural Resources

governing the construction of water wells, as set forth

in Chapter 16 C-8, Florida Administrative Code, shall

apply to all wells, test wells, and foundation holes

constructed, altered, repaired, or abandoned in the

District.


I








Proposed Change No. J Add a new Rule 16 CB-3.30, to
read as follows:


16 CB-3.30 Delineating Area of "Water Use-Caution."--

(1) The District may declare and delineate from time to
time, and may modify, "water use-caution" areas within certain
hydrologic areas within the District where it finds that the use
of ground water or surface water, or both, requires coordination
and limited regulation for protection of both the public interest
and the water resources of the state.

(2) A "water use-caution" area is one where the District
finds that the aggregate uses of water in or affecting said area:

(a) Have developed or threated to develop to a degree
which requires coordination and regulation; or

(b) Detrimentally ex.--eed or threaten to exceed, or
otherwise threaten or impair, the renewal or replenishment of
such waters or any part of them.

(3) The Governing Board of the District may declare and
delineate "water use-caution" area in accordance with the fol-
lowing procedures:

(a) Whenever the Governing Board believes the "water
use-caution" situation exists or may be emerging in any area of
the District, it may direct investigations and reports thereon.

(b) Such reports ma include findings and recommendations
as to whether the water use problems of the area involve surface
waters, ground waters, or both; whether r effective measures can
be employed to either surface water or ground water, or both; and
whether timely action by any agency or person may preclude the need
for regulation. The report may also include such other findings
and recommendations deemed appropriate, including recommended
boundaries for a "water use-caution" area that may be proposed.

(c) If the Governing Board finds, following its review
of the report, that a "water use-caution" area should be declared,
it may declare such a "water use-caution" area. If a "water use-
caut ion" area is declared, the declaration shall include a delin-
eatin of the boundary of said hydrologic area, and the District
may .prepare proposed orders or regulations commensurate with the
C degree of control needed.
(Continued)
CODING: Words in e tek-thseagk type are deletions made on
above date; words underlined are additions.






New 7-27-74


16 CB-3.30 (Continued)

(d) If the Governing Board finds that a "water use-
caution" area is not to be declared and that by timely localized
actions it can prevent the need for area-wide regulations, it may
prepare proposed regulations or orders to be applied in the area.

(4) Following the declaration of a "water use-caution"
area, the Governing Board may prepare proposed orders or regulations
to be applied in said area, containing such of the following pro-
visions as the Governing Board finds appropriate concerning the
use of surface waters or ground waters, or both:

(a) Provisions requiring water users who use in excess
of 100 million gallons per year within the area to submit reports
not more frequently than at 30-day intervals concerning quantity
of water used or withdrawn, sources of water, nature of water use,
and eventual disposal of used waters.

(b) With respect to surface waters, ground waters, or
both: Provisions concerning the timing of withdrawals, provisions
to protect against or abate salt water encroachment or other
deterioration of quality; provisions to protect against or abate
unreasonable adverse effects on other water users within the area
and the water resource of the state.

(c) With respect to ground waters: Provisions con-
cerning well spacing and well construction controls; and provisions
establishing a range of prescribed pumping levels (elevations
below which water may not be pumped) or maximum pumping rates, or
both, in wells or for the aquifers or for any parts thereof based
on the capacities and characteristics of the aquifes .

(d) Provisions requiring that no water user shall with-
draw, divert, obtain, or utilize surface waters or ground waters,
or both, as the case may be, in excess of 100 million gallons per
year without written authorization fromthe District.

(e) Provisions requiring ground water users to pay for
design, construction, construction supervision, and perpetual
operation and maintena 'ce costs of works require' to divert excess

(Continued)

CODING: Words in easEek-thFeagh type are deletions made on
above date; words underlined are additions.


II I II I r "- ---~---r-







New 7-27-74


16 CB-3.30 (Continued)

surface waters to the users area of ground water withdrawal.
The diversion of surface waters and construction of facilities for
such diversions must first be approved by the District and upon
completion of construction such works will be operated and main-
tained by the District.

(5) Following the preparation of any proposed orders or
regulations, the District may conduct one or more public hearings
to receive evidence and testimony on the proposed orders or regula-
tions.

































CODING: Words in eauek-ehrough type are deletions made on
above date; words underlined are additions.


0


_










Proposed Change No. I/
of paragraph (2), insert:


In Rule 16 CB-4.062, at the end


The permitted shall be allowed ten (10) days after notice
to obtain a replacement tag. Upon failure of the per-
mittee to display such tag within ten (10) days, the
Board may cause the replacement of such tag and charge
the permitted one hundred dollars ($100) for such service.


P opposed Change No. I .
ast sentence which reads:


"Nothing herein s
the provisions of


In Rule 16 CB-4.14, strike the


hall be construed to conflict with
Rule 16 CB-4.12."


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Change No. In Rule 16.CB-0.10(2), after the words
permit" insert:
", provided that no permit other than well construction
permits shall become effective until approved by the
Board."


Proposed Change No. ._f. In Rule 16 CB-2.03(l)(d), strike:
"if both" and insert "of both".


Proposed Change No. In Rule 16 CB-4.06, amend paragraphs (3), (4),
and (5) and add paragraphs (6) and (7) tc read:
f(3) To obtain a.permit under Part 4, the permitted activity:
S(a) Must be a reasonable, beneficial activity.
(b) Must be consistent with the public interest.
(c) Will not interfere with any legal use of
water existing at the time of the application.
(4) Issuance of a permit will be denied if the permitted
activity:
(a) Will cause the flow cf a stream or other watercourse
to-be lowered below the minimum flow established by the Board.
(b) -Will cause the level of th potentiometric surface
to be lowered below the /.i T established by the Boad j/
(c) Will cause the level of the surface of water4t be
lowered below the minAmum, evel established by the Board.
(d) Will ; edueiyfI salt water encroachment.
(% (e). Will cause the water table to be lowerd o that
the lake stages or vegetation will be adverselyaaff c ed on.

lands other than those owned, leased, or otherwise controlled

____________________^_______-E












Proposed Change No. I? (continued)

by the applicant.

(5) The permitted activity:

(a) Must not reduce the flw of a stream or other

watercourse by more than 0-, percent at the time
c7 and point of withdrawal, except in the case of a dam

where water is stored for subsequent release downstream.

(b) Must not cause the level of the potentiometric

surface under lands not owned, leased, or otherwise con-

trolled bj the applicant to be lowered more than five (5)

feet.

(c) Must not cause the level of the water table
under lands not owned, leased, or otherwise controlled by

the applicant to be lowered more than three (3) feet.

(d) Must not cause the level of the surface of

water in any lake or other impoundment to be lowered more

than one (1) foot unless the lake or impoundment is wholly

owned, leased, or otherwise controlled by the applicant.

(e) Must not cause the potentiometric surface to be

lowered below sea level.

(6) The Board for good cause shown may grant exceptions

to the provisions of paragraphs (4) and (5) above when,
after consideration of all data presented, including

economic information, it finds that it is consistent with

the public interest, and- i not tLi ..iTi erfere-i' y Le
hloel ubl i i I lino[ig dt 11ne I.1-, Ull, II pplll UcaTUbn


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--~ d-- I-











Proposed Change No. (continued)
(7) The Board may condition the granting of a permit
so as to require:
S(a) Dates on which construction, alteration,
removal and operation are to be commenced or completed,

with notification of such commencement and completion to
be given, in writing postmarked no later than five (5)
days thereafter.
(b) Reports of operations on forms to be provided
which shall be submitted within the times prescribed.
(c) Installation of monitoring facilities.
(d) Prescribed operating procedures and schedules.









Proposed Change No. In Rule 16 CB-1.06, amend paragraphs
(4) and (5) to read:,

(4) Issuance of a permit will be denied. if the
permitted activity:

(a) Will place fill material, or any non-water
use related structure within the mean annual floodplain of a
lake or other impoundment, or o a tream or other watercourse,
(b) Will cause rse effects on lands not owned,
leased or otherwise controlled by the applicant by drainage or
inundation.

(c) Will restrict or alter the flow of a stream or
other watercourse within the floodplain of a twenty-five year
flood unless the land is owned, leased or otherwise controlled
by the applicant.

(d) Will extend beyond a line of encroachment
established by the Board.
(e) Will cause an increase or decr ase in the flow
of a stream or other watercourse by t percent(Oj or more.

(f) Will cause an increase in the peak rate or total
volume of storm runoff by ten percent(10%) or more from lands owned,
leased or otherwise controlled by applicant.

(5) The Board for good cause shown may grant exceptions to
the provisions of paragraph (4) above when, after consideration of
all data presented,including economic information, it finds that it
is consistent with the public interest, and wi~-ll t ;-i ter e-o w4th
#my ;i. l l, use of. tor itin U at- t oh ti;I -. I pp .t.r...


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Proposed Change No. .
words "official permit" insert:


In Rule 16 CB-0.10(2), after the


, provided that no permit shall become final until
approved by the Board.







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___C___I ___~~ __~_ __I____n___ ___ I __


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P..O. BOX 457


DERRILL McATEER, Chairman, Brooksville
S. C. BEXLEY, JR. Vice Chairman, Land O' Lak.
JOHN A. ANDERSON, Treasurer, St. Petersburg


BROOKSVILLE, FLORIDA 33512


HERMAN BEVILLE, Bushnell
J. R. GRAW, Ocala
JOE E. HILL, Leesburg


N. BROOKS JOHNS, Lakeland
THOMAS VAN der VEER, Yankeetown
ROBERT E. VAUGHN, Brandon
Donald R. Feaster, Executive Director


September 4, 1974








Re: Proposed Rules and Regulations ....

To whom it may concern:

Enclosed are'the Amendments to the 1974 Draft No. 2
adopted August 14, 1974. The Amendments and Draft No. 2
include all previous changes made by the Board August 14,
1974.

Additional changes and suggestions will be considered at
the Public Hearing Wednesday, September il, 1974 at the
Southwest Florida Water Management District in Brooksville,
Florida.

Very truly yours,




RODNEY N. CHER
Director
Water Resources Division

RNC:fa"


Enclosures: As stated..


South Fst Florida

Water Mankazgement District


i


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.16 CB-0.001
0.01

S .0.02
0.03
0.10
A 0.11
0.111
A 0.12
0.13
0.14
0.15
0.20

C A 0.30


I -


R 7-26-74


Part 0
General


Description of Organization

Purpose
Definitions
Watershed Basins
Permit Application Forms
Preparation of Drawings and Sketches
Fee Schedule
Permits Contingent-Upon Land Ownership or Control
Bond
Reapplying for Permits
Minimum Flows and Levels
Publication and Notice
Hearings, Meetings, and Agendas


C


8-30-74


1974 Draft No. 2 engrossing all previous changes, and indicating
a-end-ents trade by the Board on August 14, 1974 during the course


of tie seri-es o oufblic hearings.


Proposed
Amendments and Additions
to.
Rules and Regulations
(16 CB and 16 CC, Florida Administrative Code)
for
Southwest Florida Water Management District
and
Southwest Florida Water Management District (Requlatory)


Chapter 16 CB :- Rules of
Southwest Florida Water Management District


Part 0 General

Part 1 Works of the District and
Regulatory Levels

Part 2 Consumptive Uses of Water

Part 3 Regulation of Wells

Part 4 Management and Storage of
Surface Waters


Chapter 16 CC Rules of
Southwest Florida Water Management District (Regulatory)


Amendment to 16 CC-1.03(5)(c)(ii)


PLEASE NOTE: This draft is a retyping of Draft No. 2 previously
distributed. A system of coding for all amendments made August 14, 1974
is used. Words in struk-thakr gh type are deletions. Words underlined
are additions. Coding in the proposed amendment to 16 CC-1.03(5){c)(ii)
indicates the proposed changes from the existing rule.


c


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i




RI-.- --


R 7-3-74


( ) "Board" means the governing board.


C
16 CB-0.02 -DfinitiQns.--The terms set forth herein shall
have. the meanings ascribed to them.unless the context clearly
indicates otherwise, and such meanings shall apply throughout
these Rules. To facilitate easier reference certain terms
defined by applicable statute have been included herein with
S appropriate.citation. Terms which apply to only one part of
these Rules are defined in the respective part.









( ) "Act" means the Florida Water Resources Act of
1972, as. amended, together with all provisions of Chapter 373,
Florida Statutes, relating to Water Management Districts and
any amendments thereto which may be made from time to time.


R 8-30-74


( ) "Consumptive use" means any use of water which.
reduces the supply from which it is withdrawn or diverted.









S) "District" means the Southwest Florida Water
Management District.


C


( ) "Aquifer" means a hydrologic unit which consists
of a geologic formation, a related group of formations, or
only part of a formation, which is saturated with water and
capable of transmitting usable quantities of water to wells
or springs.


'C


C


( ) "Domestic use" means any use of water for individual
personal needs or for household purposes such as drinking,
bathing, heating, cooking, or sanitation. 5373.019(7), F.S.


C


- ,,, I -- -- -







( ) "Executive Director" means the Executive Director
of the District or the person designated by the Board to
act in his absence.

i


R,8-30-74


( ) "Governing Board" means the governing board of Southwest
Florida Water Management District.






..A 8-14-74

() "Impoundment" means any natural or man-made lake, reservoir,
pond, or other containment of water occupying a bed or depression in'
the earth's surface and having a discernible shoreline.


CCDI::G: Words in str6sk-theuyeh type are deletions arde on R 8-30-74
above date; words underlined are additions.,



( ) "Minimum flow" means the limit at which further
withdrawals from a stream or other watercourse
would be significantly harmful to the water resources or
ecology of the-area.


R 8-30-74

( ) "Minimum level" means the level of the water table or of
the potentiometric surface of water in an aquifer or the level of
surface water at which further withdrawals would be significantly
harmful to the water resources of the area. 373.042(2), F. S.


( ) "Other watercourse" means any canal, ditch, or other
artificial watercourse in which water usually flows in a defined
bed or channel. It is not essential that the flowing be
uniform or uninterrupted. 373.019(13), F.S.





R 8-30-74


( ) "Otherwise control" means any contractual right,
rental agreement, license, or permit from an cwrer which an.-
"applicant has to exercise authority over certain property,-"
especially insofar as it relates to the water resources of the
property.


( ) "Person" means any and all persons, natural or arti-
ficial, including any individual, firm, association, organization,
partnership, business trust, corporation, company, the United
State of America, and the state and all political subdivisions,
regions, districts, municipalities, and public agencies thereof.
.The enumeration herein is not intended to be exclusive or
Exhaustive. 373.019(6), F.S.







I


9


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R 8-30-74


C


( ) "Reasonable-beneficial use" means the use of
water in such quantity as is necessary for economic and
I efficient utilization for a purpose and in a manner which is
both reasonable and consistent with the public interest.
S373.019(5), F.S.


( ) "Water" or "waters in the District" means any and all
water on or beneath the surface of the ground or in the atmosphere,
including natural or artificial watercourses, lakes, ponds, or
diffused surface water and water percolating, standing, or flowing
beneath the surface of the ground, as well as all coastal waters within
the jurisdiction of the District.

R 8-30-74

() "Water Regulatory District" means the Southwest
Florida Water Management District (Regulatory) created
October 30, 1968, pursuant to authority of Chapter 373,
Florida Statutes:

R 6-27-74


( ) "Reservoir" means any artificial or natural holding
area which contains or will contain the water impounded by a
dam. S373.403(4), F.S.


R 8-30-74
.,, R 8-30-74


( ) "Stream" means any river, creek,
watercourse.


C.


slough, or natural


C


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SA 8-14-74


A 8-14-74


16 CB-0.11 Preparation of Drawings and Sketches.--


(1) All drawings and sketches submitted with applications
shall be on letter size (8 1/2" x 11") paper, or of a size that
can be folded to 8 1/2" x 11", such as 11" x 17" or 17" x 22".
Three copies of the drawing must be provided. If 8 1/2" x 11"
S size, one must be of black line type capable of being photo-
copied. If larger than 8 1/2" x 11" drawings are used, one
must be the original drawing or a reproducible:.

(2) Drawings shall be to scale or properly and adequately
di=ensioned. A drawing or sketch shall-.be identified as to
location or should include a location plan. Cross sections
and elevations shall be included where applicable.

(3) Location plans should locate the points of installation,
construction, withdrawal, discharge or ad use by referencing to
section lines, roads, or other obvious and permanent landmark.

(4) The plan and cross section or elevation shall clearly
portray the construction in its relationship to the channel
and/or right-of-way. Certain elevations must be designated
to facilitate processing of the application. These are:
canal bottom elevation, water surface elevation and ground
elevation expressed in mean sea level (msl.)." The elevation
of the low member of a bridge span must be shown. For
overhead wire crossings and in thecase of water or gas lines,
low member elevation must also be indicated on the drawing.




A 8-14-74
16 CB-0.12 Permits Contingent Upon Land Ownership or Control.--

(1) All permits issued pursuant to these rules are contin-
gent upon continued ownership, lease, or other control of
property rights in underlying, overlying, or adjacent lands,
ana ore covenants running with such lands.

(2) A permit may be assigned to a subsequent owner
subject to all terms and conditions contained in such permit
upon notification in writing to the Board of such assignment,
provided ownership, lease, or other control of all such lands
is conveyed to the assignee and further provided that the
assignee, by accepting such assignment, does assume responsi-
bility for complying with all such terms and conditions.
The eoard ray withhold its approval of the permit assignment if it has
een dronstrate to the Board that tne assignee has failed to.oeoeriv


manage another such taclity within the District.


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CODING: Words in stpuek-tkhrugh type are deletions made on
above date; words underlined are additions.


(3) If only a part of such lardsts so conveyed, or if
the ownership, lease, or other control s divided, such permit
shall immediately terminate unless the terms of the permit are
modified by the Board.







*I *. *


, ,


16 CB-0.30 Hearings, Meetings, and Agendas.--

(1) Unless otherwise provided herein, all hearings before
the Board required under these rules shall be conducted in
accordance with the provisions of Chapter 120, Florida Statutes.

(2) Meetings of the Board will be held on a regular
monthly basis, usually at the District headquarters, or at such
other time, date, and place as announced by the Chairman. Spe-
cial meetings will be held on call of the Chairman or at the
request of two Board members.

(3) The Board will maintain a current mailing list for
the purpose of mailing Board meeting notices to all persons
making .such request in writing.

(4) Meetings of basin water management boards will be
held on a regular basis, as determined by the respective basin
boards, at times, dates, and places set by the respective
ex officio chairman or vice chairman in his absence. Special
meetings will be held. on call of the basin board ex.officio
chairman or vice chairman in his Absence.

(5) The Board will maintain separate mailing lists for the
respective basin boards for the purpose of railing basin board
meeting notices to all persons making such request in writing. W


(6) Any request to place an item appear on an agenda at a meeting of the
Board or of a basin board sNhal e isuomitted not less then ten days prior
to the meeting.

(7) Special meetings shall require a minimum public notice and notice
to Board members of four (4) hours.





R 7-26-74


Part 1

Works of the District and Regulatory Levels


16 CB-1.001
,4 1.002
1.003
A 1.01

1.03
A 1.051
A 1.06
1.061.
1.07
A 1.09
1.10
'6 1.11
6 1.13
/ 1.14
1.15
1.40
1.41


Purpose
Definitions
Implementation
Explanation of the Permit System for Works of
the District
The Works of the District
Permit Required; Exemptions; Applications
Content of Application and Conditions for Permit
Permit Processing Fees
Notice and Hearing Requirements
Inspections
Completion Report
Revocation and Modification of Permits
Remedial Measures
Emergency Authorization for Construction of Works
Emergency Measures
Encroachment Lines
Hillsborough River Encroachment Line


















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A 8-14-74
R 8-30-74


16 CB-1.002 Definitions.--The terms set forth herein shall
have the meanings ascribed to them unless the context clearly
indicates otherwise and such meanings shall apply throughout
Part 1 of tnese rules and regulations. The terms defined in
Section 16 CB-0.02 shall also apply throughout Part 1.



A 8-14-74

( ) "Tributaries" means the contributing streams and other watercourses,
including brooks, rills and rivulets, extending upstream to the point where
water usually begins to flow in a regular channel, with an alveus, or bed, and
barks or sides, or to the point where the lines of ordinary high water marks
converge, whichever extends the farthest up-gradient.


8-14-74


( ) "Work of the District" means any lake or other
irpoundment, or stream or other watercourse, control structure,
or ivesse6saFy other facility, owned and maintained by the District
or adopted by -he Governino Board as a work of the District.


CODING: Words in stwek-thAorgh type are deletions made on
above date; words underlined are additions.

t.








0


16 CB-1.01 Explanation of the Permit System for Works of
the District.--

(1) The Southwest Florida Water Management District owns,
maintains, or has accepted responsibility for certain canals,
water control structures, rights-of-way, lakes and streams,
as well as other works which are specifically named in this
part as "The Works of the District."

(2) The protection of existing works from actions which
would impair their-abity its capacity to accomplish the purpose -
for which they-were it was intended, and the protection of other
works for which planning is under way is the responsibility of
this District.

(3) These regulations establish procedures to be followed
by those who find it necessary to connect to, withdraw water
from, discharge water into, place construction within or across,
or to otherwise make use of the works of the Southwest Florida
Water Management District.

(4) State Laws prohibit such work unless approved by the
"Governing Board of the District. This approval is usually
granted in the form of a permit.

(5) The Permit does not convey any property rights or
privileges other than those specified in the Permit; it does
not authorize any injury to private-property or invasion of
private rights nor does it waive the governing requirements of
any.other agency or authority. It simply expresses the assent
of the Southwest Florida Water Management District insofar as
concerns the public's interest and protection of the water
resources of the District.


A 8-14-74

16 CB-1.051 Permit Required; Exemptions; Applications.--

(1) Unless expressly-exempted a permit shall be required
to connect to, withdraw water from, discharge water into, place
construction within or across, or otherwise make use of a work
of the District or to remove any facility or otherwise terminate
such activity.

(2) A permit shall not be required:

(a) To remove any dock, pier, piling, or boat house.

(b) To construct, alter or remove any pumping
facility withdrawing water from any stream, lake or pond for
individual domestic use or for watering residential lawns and
shrubs so long as such activity does not breach or alter the
bank or shoreline or constitute a hindrance to the flow of any
streamor other watercourse which is a work of the District,
provided however, that Part 2 shall apply to the use of water
for such purposes.


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A 8-14-74


.16 CB-1.06 Ccrtent of Application and Condition for Permit.--
(1) Permit Application shall be sworn to and dated by the
L.icant or his duly authorized agent and shall be filed with
the Board on forms provided by the Board which shall include:
(a) The name and address of the applicant.
(b) The name and address of the owner or owners of
the land upon which the construction or alteratioh is to take
)place, and a legal description of such land.
(c) Location oT the work.
(d) Plans and specifications.
(e) The name and address of the person who prepared
the plans and specifications.
(f) The name and address of the person who will
construct the proposed work, when available..
(2) The Board may also require the applicant to submits -
is A-,b- roey avMmestais--s-ttatemet.
4b'-Afy other information deemed necessary.
(3) To-obtain a permit under Part 1 the permitted
activity:
(a) Must be reasonable and beneficial; and

C (b) Must be consistent with the public interest.
(4) The Board may deny issuance of a permit if it deter-
mines that the permitted activity:
(a) Will cause the flow of a stream or other water-
course to be lowered below the minimum flow established by the
Board.
(b) Will cause the level of the potentiometric
surface to be lowered below the minimum level established by
the Board.
(c) Will cause the level of any lake or other impound-
ment or of any stream or other watercourse to be lowered below
the .inimrrum level established by the Board.
(d) Will cause.the level of the water table to be
lowered below the minimum level established by the Board.
(e) Will be conducive to salt water encroachment.


'CODING: Words in stiusk-threugh type are deletions tade on
above date; words underlined are-additions.
(Continuid)


C


A 8-14-74
16 CB-1.06 Content of Application and Condition for Permit. (Continued)
(f) Will cause the water table to be altered
so that vegetation will be adversely affected on lands other
than those owned, leased or otherwise legally controlled by
the applicant.
(5) Ordinarily, and without specific approval of the
Board, urtr -shewa-te-the-eeantrary issuance of a permit will
be denied if the permitted activity:
(a) Will cause the level of the potentiometric sur-
face under lands not owned, leased or otherwise controlled by
Sthe applicant to be lowered three (3) feet or more.
(b) Will cause the level of the water table under
lands not owned, leased or otherwise controlled by the appli-
cant to be lowered three 3) feet or more.
(c) 'Will cause the level of water in any lake or
6ther impoundment to be lowered one (1) foot or more unless the
lake or impoundment is wholly owned, eased or otherwise
controlled by the applicant.
(d) Will. cause the potentiometric surface to be
lowered to sea level or below.
(e) Will cause adverse effects on lands not owned,
leased or otherwise controlled by the applicant by drainage or
r Inundation.
(f) Will cause an increase or decrease in the flow
of a stream or other watercourse by ten percent (10%) or more.
(g) Will cause an increase in the peak rate or total
volume of storm runoff by ten percent (10%) or more.
(h) Will place fill material, or any non-water use
related structure within the mean annual floodplain of a lake
or other impoundment, or of a stream or other watercourse.
(i) Will restrict or alter the flow of a stream or
other watercourse within the floodplain of a twenty-five (25) year
flood unless the land'is owned, leased or otherwise controlled by
the applicant.

(j) Will extend beyond a line of encroachment
established by the Board.


CODING: Words in stPuek-threugh type are deletions made on
above date; words underlined are additions.


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A 8-14-74


.5 CB-i.09 Ir.soctions.--

(1) During such construction or alteration of any per-
mitted work or works, the Bpard may cause to be made at its
expense such periodic inspections as it deems necessary to insure
conformity with the approved plans and specifications included
in the permit.

(2) If during construction or alterationthe Board finds
S'that the work is not being done in accordance'with the approved
plans and specifications as indicated in the permit, it shall
give the permittee written notice stating how the construction
is not in compliance and ordering immediate compliance with such
plans and specifications. Failure to act in accordance with
the orders-of the Board after receipt of written notice may .
shaTl result in the initiation of revocation proceedings in
accordance with the provisions of Rule 16 CB-1.. .

(3) Upon completion of such construction or alteration,
the Executive Director shall have inspections as frequently as T4
deemed necessary. No person shall refuse immediate entry or
access to any authorized representative of the Board who requests V M
entry for purposes of such inspection and who presents appropri-
ate credentials.


A 8-14-74 T
oc

16 CB-1.11 Revocation and Modification of Permits.- .1

(1) The Board may revoke or modify a permit at dny time 4P.-
if it determines that the permitted work or works has become IS
a dar.gr to the public health or safety or if.its operation h ..-
has become inconsistent with'.the.objectives of the District -.~ 4
or is in violation of any regulation or order of the District; ~g
.or the conditions of the permit. -

(2) Before any such revocation or modification, the Board
shall give written notification thereof by registered or
certified mail to all affected parties persons. Such notifica- .
tion shall coinain a statement of the reasons why the permit
ray te revoked or modified, and a reference to any applicable
District objective, regulation, order, or permit condition. An
affected party arson ray file a written petition no later than
ten (10) days after notice of proposed revocation or modifica-
tion is served.for a. hearing in accordance with Part 0. No
permit shall be revoked or modified before an affected party
person is afforded an Opportunity for a hearing before the Board.

(3) If the Executive Director determines that the danger
to the public is inir.ent, he may order a temporary suspension
of the construction, alteration, or,operation of the work or works
until the hearing is concluded, or may take such action as
authorized under Rule 16 CB-1.14-


7O


16 CB-1.13 Remedial Measures.--

(1) Upon completion of any inspection provided for by
Rule 16 CB-1.09(3), the Executive Director shall determine
what alterations or repairs are necessary, and order that such
alterations and repairs shall be made within a certain time,
which shall be a reasonable time. The owner of such work or
works shall be served with the order to make such alterations
or repairs. Whe-heler-of-any-lese-i.e-4eres-n-a-r-
* or-works- &haH- -be-*ofti -ed-by--reg2-fered--or- oerti-ied-l-eit.
of-te-erder-to-make-such-alt-erati4-os-o--eo.iss,- The owner
of such work or works may file a written petition within ten
(10) days after such order is served for a hearing before
the Board in accordance with Part 0. If, after such order
becomes final, the owner of such work or works shall fail to
make the specified alterations or repairs, the Board may, in
its discretion, cause such alterations or repairs to be made.

(2) Any cost to the District of alterations or repairs
made by .it under the provisions of subsection (1) of this
section shall be a lien against the property of the landowner
on whose land the alterations or repairs are made until the
*Board is reimbursed, with reasonable interest and attorney's
fees, for its costs.






A 8-14-74


16 CB-1.14 Emergency Authorization for Construction of Works.--

(1) Permission to begin construction of works prior to the
issuance of a permit may be applied for, in writing, when emer-
gency conditions would justify such permission. Voweyerr-o
such-p rmission--shbal-be--gra" ed-on-1-ess-t-he- oo-s-t-2-ttir -e--he-
works -is-alQozady-undsr cons ideraoti4on- fe- -a- pearmi t--under--Sis-

(2) The Executive Director may grant emergency authorization
at his discretion. However, a serious set of unforeseeable and
unforeseen circumstances must exist to create an emergency. -Mesr-
arete-es -es-o--lack-ea-p lanning-ae-thepart-&5-the-app--iestrt-
sha--nBet-be-4ueift>i-ent-sefoinde--to-wamriat-the-grnting-of-emer-
geaey--author;iteieisi-


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R 7-26-74


C


Part 2

Consumptive Uses of Water


I 16 CB-2.01
2.03
2.04
9 2.05
q 2.06
2.07
2.08

2.09
2.10
.4 2.11
2.12

C 4. 2.13
2.14
2.15
2.16


Purpose
Implementation
Permits Required
Identification Tags
Content of Application
Notice of Application Form
Publication and Distribution of Notice.of
Application
Times for Receiving Objections and for Hearings
Permit Processing Fees
Conditions for a Consumptive Use Permit
Competing Applications
Duration of Permit
Modification and Renewal of Permits
Revocation of Permits -?


I'









N,


Permit Classification


2.20 Declaration of Water Shortage


2.21
2.22


C


Notice of Water Shortage Form
Publication of Notice of Water Shortage


2.23 Change, Suspension, or Restriction of Permits
During Water Shortage
2.24 Emergency Due to Water Shortage


C-.


A 8-14-74



16 CB-2.03 Implementation.--Program for issuance of permits
*authorizing the consumptive use of water shall be implemented
immediately and shall apply as follows:
(1) Commencing January 1, 1975 within the Hillsborough River,
Northwest Hillsborough, Green Swamp, Alafia River, Crystal-Hor sassa
River, Pithlachascotee River, Peace River, Withlacoociae River and
Pinellas-Anclote River Basins, a permit shall be required for the
withdrawal of water:
(a) If the withdrawal during any single day is to
exceed .1,U00,000 gallons or if the average annual daily with-
drawal is to exceed 100,000 gallons average per day on an
annual basis.

(bj 'If the withdrawal is from a well having an inside
diameter of six (6) inches or more.

(c) If the withdrawal equipment or AdiLure-iar- cther
facility has a capacity of more than 1,000,000 gallons per day.

(d) If the withdrawal is from a combination of wells
or of d4vers4enary other facilities or if both, having:a combined
capacity of more than 1,000,000 gallons per day.

424--eemmieaeiRng-JaRuary-lI.,-1?97 5-within-Bthe-Greean-SwamapT
Aafiia- River-' erystataHomosassa-River; -8kiawaha-Rive r- Pith-
lathasCotZe-River7-Waesasassa-Riery-Peaee-River7 ad-
eeekeee-Rivef-Basins-a-permit-s all-be-required-efor-he
withdrawai-e-wtedef


al)-Xf-Ct-he-withdrawa4-is-te-xeeed-3T0OT,000-galleis
during-any-singie-day.

+b--fe-the-witkhdrawal- e- im-a-weil-having-an-ainside
dlameteei*T-twetve-it2J-inches-or-more-

4ch--Ie-the-withfdrawal-quipament-or-di..ersionary-
faeitry-has-a-eapacity-of-moare- than-17 e Gy7 86-g a iiene-pe r-4ays


-(3-G-eameneing-January-47-Q9?6-w hin-tie-Peae-River-and
Alaeia-RAiver-Baesine-a-ipermat-isha.-be-reqaiired- ei?-the-withdrawaw
ef-water-in-thAeEae-mOat er-aO-requiBed-fer- these- asins-esat
.Ceotinaued
CODING: Words in eipelek-threagh type are deletions made on
above date; words underlined are additions.


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A 8-14-74


(4f--ea---Reing-July--7-1996-withhn-the-erystea-Hemesasse
Rsver-and-Pth~aehaseestee-aiver-Basins-a-spermt-shai-be- equ'ied
Ser-the-witheraewa-of-water-tn-the-same-manner-es-seqirea-fes-
those-basins-set-ierth-n-seetien-16-eB-Sy9f(*

t5+-- ee.-.enc ns-. a aary- 7-1a999-with:in-the-Withiaeeoebee .
RPver-atn-.reen-Swa.a -B-Bassns-a-permit-sheii-be-requed-fe
the-ws-.drawae-ef-water-in-the-sca.e--mennes-as-reqgued-ier
these-bastns-set-erth-in-see ien-16-GB-23


A 8-14-74


16 CB-2.05 Identification Tags.--
(1) When a consumptive use permit is issued,the Board
Swill issue a permanent tag bearing a use identification
number which tag shall be prominently displayed at the site of
withdrawal by permanently affixing such tag to the pump,
head gate, valve,.or other withdrawal facility. If the con-
su.ptive use permit covers several withdrawal facilities, such
as a well field, a tag will be issued for each facility.

(2) Failure to display a permit tag as prescribed herein
shall constitute a violation of these rules and shall may be
grounds f.or suspension or revocation of the permit. The permitted'
shall be allowed ten (10) days after notice to obtain a replace-
mIen tag. U=on failure of the permittee to display such tag
within ten (10) days, the Board may cause the replacement of such
tac and charge the permitted ond hundred ($100) dollars for -such
service.





CODING: Words in st ek-thre~gh type are deletions made on
above date; words underlined are additions.


A 8-14-74


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16 CB-2.06 Content of Application.--

(1) Permit application shall be sworn to and dated by the
applicant or his duly authorized agent and shall be filed with
the Board on forms provided by the Board which shall include:

(a) The name and address of the applicant and of the
owner or owners, if other than applicant.

(b' The maximum amount of water to be withdrawn per
year and during any single day.

(c) The source of the water supply (if .the water is
from a lake, or impoundment, stream or other watercourse, the
name generally given to the source by the people in the vicinity.
If the water is from an aquifer, this fact shall be stated on
the application.)

(d) The use to be made of the water and any limita-
tions thereon. (Applicant shall sheuld describe the nature of the
proposed use, the method of withdrawal or diversion of the water,
including the estimated size of drop or intake.pipe, the size pump,
and the size motor.)
(e) The place and area where the water is to be used.
(If for irrigation describe the acreage to be irrigated, the
method of irrigation to be employed, and the crops erep to be
irrigated.)
(f) The location of the point of withdrawal or diversion.

(g) An accurate legal description of the land cwr.e,
.leased, or otherwise controlled by .the applicant, together with
an accurate survey or sketch to scale showing the boundaries of
such property and the location of the point of withdrawal or-
diversion. Also show the locations and descriptions of any other
existing wells or other withdrawal or diversionary facilities on
the property.

(2) An Affidavit of Ownership setting forth the names and
mailing addresses of all owners of real property, as taken from
the latest tax rolls, together with the names and addresses of
any new owners not yet placed upon the tax rolls but of which
applicant has actual knowledge, whose property is located'within
the distances prescribed below, shall be attached to an become a
part of the permit application:
(Continued)
CODING: Words in ebsek-thirugh type are deletions made on
above date; words underlined are additions.









A 8-14-74


16 CB-2.11 Conditions for a Consumptive Use Permit.-

(1) To obtain a permit the intended use:

(a) Must be a reasonable, beneficial use.

C (b) Must be consistent with the public interest.

(c) Will not interfere with any legal use of water..
existing at the time of the application.

(2) The Board may withhold issuance of a permit if it
determines the withdrawal of water:

(a) Will cause the flow of a stream or other water-
course to be lowered below the minimum flow established by the
Board.

.(b) Will cause the level of the potentiometric 'sur-
to be lowered below the regulatory inimuim level established by
the Board.
(c) Will cause the level of the surface of water to
be lowered below the minimum level established by the Board.

(d) Will significantly induce be-eendeeive-te'salt
water encroachment.
(e) Will cause the water table to be lowered so that
the lake stages or vegetation will be adversely affected on
lands other than those owned, leased, or otherwise legally con-
trolled by the applicant, or cause movement of water from the
water table on lands other than those owned, leased, or otherwise
legally controlled by the applicant at a rate exceeding the
water crop.

'ft3>~-- R'.aP rr- Iay-reqtirt-t-he applkenmt-fo- umi i-a-
Ehydr-jge.evi-ron'enftf-impaeb-aesa-terte9 hi~kek-wibb-eenta i-a-a
detarited e~trdlatxrd- -the- -hydro lgic-and -enmiraonaenbta-effeef
wiirct-irg-rtrkely- ttbeae-froa-a-propoaed-watter- wirth awat-
ine lr}i-tg9 -tbe -a-ntaval -51wt~usaioB -of -the -waa -ablo -and -tb. -pate
pskec-s&ios-ef -any-affoe eeeSgirij -ef -said -agqi e-a d-the-satia -calou.l-tad--ffect
on-mkk-lr djae-and meaie-vegetative-on muniatieas,
(Continued)

CODING: Words in etrek-6hkea qh type are deletions made on
above date; words underlinedare editions.


S16 CB-2.11 (Continued)

(3) 444 The Board may condition the granting of a permit so
as to require:

(a) Notification of the date on which withdrawals
are commenced with such notification to be postmarked no later
than five days after the date of such commencement.

(b) Installation of flow metering devices.

(c) Reports of withdrawals on forms to be provided
which shall be'submitted within the times prescribed.

(d) Installation of observation wells or other moni-
torihg facilities and may establish regulatory levels.
(e) Future reductions in withdrawals or diversions.

45* (4) Ordinarily, and without specific aporoyal of the Board
unessa-determn'ed-end-u~t-shown-to-the-eentraery7-t~e-BoeCr-wB i
presume-thatT--n-order-te-ebtain-the-mest-benefteaial-use-ef-he-w.ee
reseuarees-e-the-state-and-te-preserve-the-tnteeests-oe-the-pbte
and-eo-affeeted-weter-aseir-issuance of a permit sheaid-be-wi*hbeid?
will be.denied:
(a) If the withdrawal by the applicant from a stream
or other watercourse will decrease the flow by 10 percent (10G)
or more at the time of withdrawal.

(b) If the withdrawal of water by the applicant will
cause the level of the potentiometric surface under lands not
owned, leased, or otherwise controlled by the applicant to be
.lowered three feet or more.

(c) If the withdrawal of water by the applicant will
cause the level of the water table under lands not owned, leased,
or otherwise controlled by the applicant to be lowered three feet
or more.

(d) If the withdrawal of water by the applicant will
cause the level of the surface of water in any lake or other
impoundment to be lowered one foot or more unless the lake or
impoundment is wholly owned, leased, or otherwise controlled by
the applicant.
(Continued)
CODING: Words in struak-teough type are deletions made on
above date; words underlined are additions.


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A 8-14-74



16 CB-2.11 (Continued)
(e) *'If the withdrawal of water by the applicant will
cause the potentiometric surface to be lowered to sea level
or below.
46+ (5) Ordinarily, unless determined to the contrary,
the Board will presume that the water crop (precipitation
. less evapotranspiration) throughout the District averages
S365,000 gallons per year per acre and that the issuance of a
permit should be withheld if the consumptive use* of the water with-
drawn exceeds the water crop for lands owned, leased, or
otherwise controlled by the applicant.
4;* (6) When the Board finds that it is consistent with the
Public intErest and will not interfere with any other legal use
of water existing at the time of an application, it may issue
a conditional permit for withdrawal of water exceeding the water
crop of lands owned, leased, or otherwise legally controlled by
the applicant. Such permit may be conditioned upon future re-
ductions in withdrawal or diversion..
48) (7) The Board may reserve water from use by permit in such
locations and quantities, and for such seasons of the year, as in
its judgment may be required for the protection of fish and
wildlife or the public health and safety. -Such reservations
shall.be subject to periodic review and reviesion'in'the light
of changed conditions. However, all legal uses of water existing.
August 15, 1974 shall be protected so long as such use is
not contrary to the public interest.


A 8-14-74


I.



I.


I :


CODING: Words in stuek-thpeugh type are deletions made on
above date; words underlined are additions.


CODIIG: Words in struek-thrPegh type are deletions made on
above date; words underlined are additions.


16 CB-2.13 Duration of Permit.--
(1). Unless Otherwise provided herein, each consumptive use permit
issued prior to the expiration of five years from the date of implementa-
tion as set forth in 16 CB-2.03, shall terminate upon the expiration of
six years from such date of implementation or at such earlier date as may
be determined by the Board and set forth on the face of the permit.
Consumptive Use Permits issued after.expiration of five years from such
date of implementation shall terminate upon the expiration of 20 years
or at such earlier date as may be determined by the Board,

(2) 'Any first renewal permit issued, whether otherwise modified
or not, shall terminate upon the expiration of 20 years from the original
permit issue date or at such earlier date as may be determined by"the
Board and set forth on the face of the permit.
(3) Any subsequent renewal permits shall be granted for 20 year
periods or for such lesser periods as may be determined by the Board
and set forth on the face of the permit.
(4) Nothing herein shall preclude or otherwise estop the
Board from terminating, revoking or temporarily suspending any permit
as authorized in these Rules or'as provided on the face of the permit.
(5) Board may authorize a permit of duration.of up to fifty (50)
S years in the case of a municipality or other governmental body or of a
public works or public service corporation where such a period is required
to provide for the retirement of bonds for the construction of waterworks or
aad waste disposal facilities.


'


**


l


0





R 7-26-74





Part 3

SRegulation of Wells

16 CB-3.01 Purpose

3.02 Definitions
3.03 Implementation

3.04 Registration of Drillers, Contractors, and Engineering
Testing Laboratories
3.05 Refusal, Suspension, or Revocation of Registration
and Forfeiture of Bond

S' *. 94 3.06 Construction of Water Wells and Test or Foundation
S' Holes

S* 3.07 Application for Permit
S- 3.071 Permit Processing Fee .
3.08 Duration of Permits

C 3.09 Completion Reports and Drillers Logs
.- 3.10 Water Test Wells
3.11 Notice of Rejection, Suspension, or Revocation of
*. Permit
3.12 Emergency Permits
3.13 Exemption

S3.14 Special Completion Report Required for Inadvertent
Water Well

S' 3.15 Inventory
3.20 Minimum Well Construction Standards

S. 3.21 Well Construction Methods
3.24 Inspections





J-1


. ,




*C C .
---------'____ .______________'





A-8-14-74


16 CB-3.06 Construction of Water Wells and Test or Foundation
Holes.--

(1) Policy.--It shall be the policy of the Board to
ascertain that all water wells within the District are located,
constructed, maintained, used, and closed, and all test or
Foundation holes are constructed, used, and closed so as to
protect the water resources within said District in accordance
with the purposes of these rules and regulations.
(2) Construction Methods.--Water wells, test wells and
foundation holes may be constructed by drilling, coring, boring,
washing, jetting, driving, or digging, but must be so constructed,
cased, cemented, plugged, capped, or sealed as to prevent
permanently the escape of water to waste either at or above the
land surface, or to escape from a subsurface zone of higher
hydrostatic head into a zone of lower hydrostatic head, or to
become contaminated by poor quality water or other substance
from either surface or underground sources.
(3) Permit Required.--A permit shall be obtained from
the Board before any water well or test or foundation hole shall
be constructed, repaired, modified, or otherwise altered, except
as provided in 16 CB-1.03(5)(3) (ii). Such permit shall be
prominently displayed at the site of the well prior to beginning
any work thereon and shall remain so displayed until construction
is completed.

S (4) Gang Well Permits.--Notwithstanding definition'of
a water well, asset forth in 16 CB-1.01(2)(a) herein, no gang
well shall be constructed without a permit, regardless of the
size or depth of the individual wells comprising sygh gang
well, for the purpose of procuring or obtaining water other than
for temporary dewatering. "-









CODING: Words in struek-threugh type are deletions made on
above date; words underlined are additions.


C


A 8-14-74





16 CB-3.21 Well-Construction Methods.--
(1) For wells obtaining water from unconsolidated earth
materials, casing shall extend from land surface to the well
screen. The well screen shall be attached to the casing with
a watertight seal.
(2) For wells obtaining water from consolidated earth
materials, a continuous casing shall extend from land surface
to the top of the uppermost consolidated unit.of earth
material. Provided, however, that the bottom end of the well
casing must extend to or below the water level of the aquifer
intended tq supply water to the well. In addition, all caving
zones below the uppermost consolidated unit shall be cased.
(3) Prevention of Interchange of Water and Loss of
Artesian Pressure.--In areas where, as a result of the construc-
tion of a well, an interchange of water between water bearing
zones may occur and. may result in deterioration of the quality
Sof water ih one or more water bearing zones, or will result in
a loss of artesian pressure; such interchange shal- be prevented
through the proper design and construction of thewell. If a
well cannot be properly completed to prevent such an unauthorized
. interchange of water between water bearing zones or to prevent
a loss of artesian pressure, the well shall be abandoned and
plugged in accordance with these rules and regulations or other
Directions from the District, as may be appropriate for the
geological conditions encountered,
(4) Grouting and Sealing.--
(a) Casing for wells which obtain their water from
a rock layer or other such consolidated formation shall, is
a minimum, be seated, or sealed with neat cement grout, into
that rock layer or other consolidated formation.
(b) For wells with casing, which is driven starting
at land surface and thence to its final depth in a bore hole
equal to or smaller in diameter than the outside diameter of the
casing, or which is driven starting at land surface and thence
to its final depth ahead of the drill bit, an attempt to cement
grout the entire length of the casing need not be made.
(c) For any part of a well casing with an outside
diameter of four (4) inches or larger intended to be installed
in a bore hole which is larger in diameter than the outside
diameter of the casing, the annular space created between the
well casing and the bore hole wall shall be filled from bottom
to top with not less than a two (2) inch thickness of neat
cement grout. For those well casings with an outside diameter


CODING: Words in stpuek-thrkugh type are deletions made on
above date; words underlined are additions.


C,


C


(Continkoet)






A 8-14-74


16 CB-3.21 (Continued)
of less than four (4) inches the minimum grout thickness shall
be one (1) inch. The casing shall be centered in the bore hole
prior to grouting. In those cases where, during grouting
operations, circulation of the grout is lost so that the annular
S space being grouted cannot be filled in one continuous operation,
S a tremie pipe shall be installed in the annular space to .a point
immediately above-the zone of lost circulation and the annulus
shall be bridged at that point by sand or other approved material
introduced through the pipe. Grouting of the annular space shall
be completed using the pipe or other approved methods.
(d) The District may grant.individual exceptions or,
with the concurrence of the Department, may exempt any areas of
the District from the requirements of cement grouting the annular
space between the well casing and bore hole wall of that part of
a well which penetrates an unconsolidated formation. Provided,
however, that the unconsolidated formation material must be of
such a caving nature that upon stopping the circulation of
drilling fluid through the well, the aquifer material will
immediately cave into and fill up the annular space between the
well casing and bore hole wall. It is further provided that a
flow space shall not be created by such construction that will
allow any movement of waters along the outside of the well
casing which did not naturally occur prior to construction of
S the well.

(e) Except as provided above, grouting and sealing
of water wells shall be accomplished by the practices and methods
recommended by Section Al-8.4 of AWWA A100-66, AWWA Standard for
Deep Wells, American Water Works Association, Inc.
(5) Well Covers.--
(a) Whenever there is an interruption in work on the
well, such as overnight shutdown, the well opening shall be
sealed with a substantial cover.
(b) Any well in which pumping equipment is installed
S seasonally or periodically shall, whenever pumping equipment is
not installed, be capped with steel or reinforced concrete
cover, or valve.
(c) Any cased well equipped with permanently installed
pumping equipment shall have that pumping equipment and any
necessary piping installed through a well seal.
(d) Any unused well shall be capped in a watertight
manner with a steel or reinforced concrete cover or valve.
( (e) Any well vent shall extend to at least one (1)
foot above any known flood level, but not less than two (2) feet

CODING: Words in struek-thkrugh type are deletions made on
above date; words underlined are additions.
(Continued)


16 CB-3.21 (Continued)


above land surface at the well.
(6) Flowing Wells.--If the well flows at land surface,
control shall be provided by valved pipe connections, or
receiving reservoirs set'at an altitude corresponding to the
artesian head.
(7) Plugging.--All abandoned wells, test wells and
foundation holes shall be plugged by filling them from bottom
to top with neat cement grout, unless otherwise provided in
writing by the District.. The plugging shall be to restore or
improve the hydrologic conditions which existed.before the well
was constructed.


9


CODING: Words in stPuek-thkeokh type are deletions made on
above date; words underlined are additions.


*0f



I


__ ~ __ Ill a L- -


A 8-14-74


A -1-7


8)







I C



M

S 16 CB-4.01
I 4.02

4.03
4.04
4.05

A 4.06

4.061

A 4.062
4.071
S 4.072
'4.073
A 4.074

SC 4.08
4.09-
4.10
4.11

4.13
4.14
S4.15
4.16
I ;4.17


R 7-26-74





Part 4
management and Storage of Surface Waters


Purpose
Definitions
Implementation
Permit Required
Exemptions
Content of the Application and Condition for
Permit
Permit Processing Fee
Identification Tag's
Notice of Application Form
Notice and Hearing Requirements
Times for Receiving Objections and for Hearing
Permits Without Hearing
Completion Report
Inspections
Permits for Operation or Maintenance
Headgates, Valves, and Measuring Devices
Revocation and Modification of Permits
Abatement
Remedial Measures
Emergency Authorization for Construction of Works
Emergency Measures


1.


A 8-14-74



16 CB-4.06 Content of the Application and Condition for Permit.--
(1) Permit application shall be sworn to and dated by the
applicant or his duly authorized agent and shall be filed with
the Board on forms provided by the Board which shall include:
(a) The name and address of the applicant.
(b) The name and address of the owner or owners of the
land upon which the construction or alteration is to take place,
and a legal description of such land.
(c) Location of the work.
(d) Plans and specifications.
(e) The name and address of the person who prepared the
plans and specifications.
(f) The name and address of the person who will construct
the proposed work, when available.
(2) The Board may also require the applicant to submit+
_)--hydreeiwi-rem meft&l-statemfeft
fb)--*ny other information deemed necessary.

(3) To obtain a permit under Part 4, the permitted activity:
(a) Must be a reasonable, beneficial use;

(b) Must be consistent with the public interest;
and
(c) Will not interfere with any legal use of water
existing at the time of the application.
(4) The Board may deny issuance of a permit if it determines
that the permitted activity:
(a) Will cause the flow of a stream or other watercourse
to be lowered below the minimum flow established by the Board.
(b) Will cause the level of the potentio.netric.surface to
be lowered below the minimum level established by the Board.
(Continued)


CODING: Words in struek-threegh type are deletions made on
above date; words underlined are additions.


/-i


[C.:


C


L.. .. ... .


I~







A 8-14-74


A 8-14-74


16 CB-4.06 (continued) a
(c) Will cause the level of any lake or other impound-
ment or of any stream or other watercourse to be lowered below the
minimum level established by the Board.
M (d) Will cause the level of the water table to be lowered
below the minimum level established by the Board.
(e) Will be conducive to salt water encroachment.
(f) Will cause the water table to be altered so that
vegetation will be adversely affected on lands other than those owned,
leased or otherwise lega4 y controlled by the applicant.
(5) Ordinarily, and without specific approval of the Board untmw
shewR-te-the-eentParyv Issuance of a permit will be denied if the permitted
activity:.
(a) Will cause the level of the potentiometric surface under
lands not owned, leased or otherwise controlled by the applicant to be.
lowered three (3) feet or more.
(b) Will cause the level of the water table under lands not
owned, leased or otherwise controlled by the applicant to be lowered three
(3) feet or more.
(c) Will cause the level of water in any lake or other
impoundment to be lowered one (1) foot or more unless the lake or
S impoundment is wholly owned, leased or otherwise controlled by the
applicant.
(d) Will cause the potentiometric surface,of a production
well be be lowered to sea level or below.
(e) Will cause adverse effects on lands not owned, leased
or otherwise controlled by the applicant by drainage or inundation.
(f) Will cause an increase or decrease in the flow of a
stream or other watercourse by % or more.
(g) Will cause an increase in the peak rate or total
volume of storm runoff by % or more,,


16 CB-4.062 Identification Tags.--
(1) When a permit is issued, the Board shall issue a permanent
tag bearing an. identification number which shall be prominently displayed
and permanently affixed to-the facility or at the site of the permitted
activity.
(2) Failure to display a permit tag as prescribed herein .sal. y
constitute a violation of these rules and shall be grounds for suspension
or revocation of the permit upon notice and hearing.


A 8-14-74


16 CB-4.074 Permits Without Hearing.- If the impounded area or
the area.fromwhich the water will be diverted will not exceed
si4-hundred-fePty-k649g three hundred twenty (320) acres and'if
no substantial objection to the application is received before the
prescribed deadline, the Board after proper investigation by its
staff may issue a permit without a hearing.


CODING: Words in struek-threugh type are deletions made on
above date; words underlined are additions.


CODING: Words in stpuek-threugh type are deletions made on
above date; words underlined are addit s.


0'


0


Q


I




~~~~~~~~~~i~~~~~~~~ ~ U--; ----;---1.~--~~; Y- -i~- X-r.


1 and "Bit
-,.. a o. a ..

Bf ti, 0F Regaulations
(16 C a, 1 & Sdo, r Adm pinistrative Code)

sauta Md arlrls Water Meaoemnt Dibtrict
anL
t.re~t ..fleorida Water. Manaeemt .Detl lt (Ramletar


S. (Ch apter 1A CB rltes bf
not sio sett tlozs Eater Menaeimt Dlitrint

a t 0 -- al "f

a. 1. --.wiuka of twh District ,ad
S, laory Leev I
-. .' "- (,. |. r
SPart 2 Coumwptive Uses of Water

Part 3 Regulation of Wells

abt 4 Minagement and Storage of
S- Burface Waters

Chapter 16 CC Rules of
.*at2nest Mlorida Water MianaMmnt District (Reaulator)
Amendment to 16 00-1.03(5) (o)(ii)



CPLa$ NOT t This dska *"IL
Sprevlously dlstributed.4 .. .. ..- o ,
__*_i it__i._ A Mysteem of coding for all
ft Wi ii f used. Mords in tNoeek-tkwMgh type are deletions,
1pg- ..h.*uu .iMm. VotEs ndruiined are additions. SAIP4mai..
, --L .-- : *-_ h
~ Y i uLb Usaimga poeed Maulei /
ioLstee tWI p-e aMngeIs Irs th auiatia, rale.


'4


C


A


Part 0
General


R 7-26-74 SJ


Y'^'


16 C-0.001 Description of Organisation
0.01. Purpose
0.02. Definitions
0.03 Watershed Basin*
0.10 Permit Application Forms
.0.11 Preparation of Drawings and Sketches
0.111 Fee Schedule
0.12 Permits Contingent Upon Land Ownerahip or Control
0.13 Bond
.0.14 Reapplying for Permits
0.15 Minimum Flows and Levels
0.20 Publication and Notice
0.30 Bearings, Meetingsa and Agendas


*
/g1I)5 6&



bber"


C


q.

*1


___-


C


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


*
'.4


w








^ -- -

( ) "Domestic use" means any use of water for individual
personal needs or for household purposes such as drinking,
bathing, heating, cooking, or sanitation. 5373.019(7), r.B.


( ) "Rxecutive Director' meana.the -Eecutive Director
of the District or the peron designated by the Board to
act in his absence.


R 7-17-74




( ) "Governing board" means the governing board of .
J s--water-mamgenent-dbiritet--S-9I9 9t94r-Prv S8outhwest
lWarlda IamVa4- Mnanaman4t liutrint.


j


* 7-17-.7


( ). "lapoundment" means anylake, reservoir, pond, or
other containment of s ufaee water occupying a bed or depression
in the earth's surface nd having a discernible shoreline.
A $ -a.98v. .9-.S.-end-389.4e.-.4)y-P a.w
- V. .


IC


( ) "Niaimm flow* means the limit at which further
withdrawals freo a strbai or other waterourse water-eoose
would be significantly hhaxful to th water resources or
ecology of the are. ji ErS412ity-ph-sv


1 7-17-74


C.


( ) "Ninimua level" means the level of the water table
or of the potentioaetrfcrsurface of groudwater water in an
aquifer or the level of surface water at which further with-
drawals would be significantly harmful to the water resources
of the area. 5373.042(2), 7. S.



S) "Other watercourse" means any cana,' ditch, or other
artificial watercourse in which water usually flows in a defined
'bd or channel. It is not essential that the flowing be
uniform r uninterrupted. S373.019(1), 1.8.

?-


N-w 7-29-W




I ) *Otheavise oatrol" means any contractual right
rental areement. license. or permit from an owner which a
applicant has to exercise authority over certain property.
.... t1..7 o..eu. a it rel*tes to the water resources of th


CODINGt Words i
above di


CODINGs Words in struek-through type are election on
above date; words underlined are addition .

04 1, *.- ..
1' o~~ ~) .
0- -r :------n -


Satreak-thrUgh type are deletions made on
itel words undeli are additions..


.- B 4.

+. .. ...:,,, ", ... ..: .._. .... ,
-


. .


r

I.


C .




*-'-*--- -- .-..- _---.- r---_---.


sI~P~CIIU.~IIC~ -r -- ----~ -
~KOWttY.


9


I








S16 C-...1 Preparation f Drawins and Sketches.-
(1) All drawings and sketches submitted idth applications
shall be on letter size (8 1/2 x 11 ) paper, or f a size that
can be folded to 8 1/2 x 11', such as 11 x 17" or 170 x 22".
Three copies of the drawing must be provided. If S 1/2" x 11"
size, one must be of black line type capable of being photo-
copied. If larger than 8 1/2" x 11" drawings are used, one
must be the original drawing or a reproducible.
(2) Drawings shall be to scale or properly and adequately
dimensioned. A drawing or sketch shall be identified as to
location or should include a location plan. Cross sections
and elevations shall be included where applicable.
(3) Location plans should locate the points of instal-
Slation, construction, withdrawal emd use by referencing to
I action lines, roads, or other o vious and permanent landmark.
S(4) The plan and cross sect on 'or elevation shall clearly
portray the construction in its relationship to the channel
and/or right-of-way. Certain e vations must be'designated
to facilitate processing of the application. These areas
canal bottom elevation, water s rface elevation and ground
S elevation expressed in mean sea level (msl.). The elevation
* of the low member of a bridge span must be shown. or
overhead wire crossings and in the case of water or gas lines*
low member elevation must also be indicated on the drawing.


0


PC


16 rn-C. e C04e,11e. -Pemit egoceNSIM. hap are
and shall be paid y the Piatrict. when cdtain 4aolicatinM. S r
filed aureant to those rule. raih fe* are fCo the 'wom of '.O
he lpRL defray the costs of procesaaw. Notices. adverti .aL. n& l


anili reauirM in connection with considration of such anall-


.cations. Fees listed belo are umulatilv. Itfan pplication is
dL1...&. 1L .-A l


tar a cEmbinaMio or M .1 n uei MnE mor =11 C
tooee paid to the PDistrict shall be the aqresate sa gef fees Adi.
cated for each of the aplicable sectioMs listed bla.

(1) The fee tor an application for #
permit for use of a work of the District
pursuant to Prt I shall be . . . .' 83.5

(2) The fee for an application for a


Snormit for eOnsmIutiv use of water oursuant


to Part 2 shall bea


exb aE-u


(A) When water is to be
withdrawn from a lake or other imnomnd-


1. The amount is not greeter
than 5.000.000 allons during

SE
is !nt greater than 500.O O
qalna average Per day on


*ar Ar


an a naal basis . 830. 0


rr M1


Plus 81.00 for each
ownership listed on
the Affidavit of
Ownership

2. The amount exceeds
5,000,000 aaLlons during any
single day but is not reater


than 10.000.000 gallons
al
exceeds S00,000 gallons
averaee ar day on an annual


basis but is not greater than


1 000 000 all s v r


5 A00


i 'nna


d---* ..w o -. -.

(Cotinued)
0ODNGS Words ina asmrts-4hkmgh type are d*Letion iad oa
above datea words undWirlnr are additions.


asc


i f -




^,.. *. !- ^i


C.


'"-I"- --- --~'-~~"' ~-- '- "~"~ '~'-~~-


i-


I r

C'

~----s-----


'


. m*&_.. 1 >._1


.i (.-


.

e.
**"
4'j ":- ."g


. ,_ J


l


ment and


:


j





+.


LU continuedd)


T. TIh amount exceeds
10.000,000 gallons during
a single day
or
exceeds 1.000,000 gallons
average per day on an
annual basis ........


plus $1.00 for each
ownership listed on
the Affidavit of
Ownership


ia AA .


plus #1.00 for *eab
ownership listed oan
the Affidavit of
Ownership

(3) No fee shall be required for an application for a
-ogitLt for construction of a well pursuant to Part 3 or to
chapter 16 CC. Florida Administrative Code.

.(4) The fee for an application for a ermit for activities
relating to management and storaaa of uurfac waters nursaunt ta


grt 4 shall bet




ve o(a) Wh
NV0 diverted from


To construct.
alter. abandon.
or remove

n the area impounded on


1. Is not greater than
80 acres . . .


2. Exceeds 80 acres but
is not greater than 640


To operate
or maintains


$25.00 1/A


acres . .. $50.00 $30.00

3. Exceeds 640 acres $75.00 4.00


r .
(b) When the flow of a stream
or ot wterourse is re-routed vbiac
drains a watershed with an area

(Continued)
CODMa Words in stcek-theugh type are deletions adi on -
above date words underlined are additions.








. -* .

.. .. e


aIkit -U 4P
-k# m'.~


10 mere Miles . 830.00 IA

2. which exceeds 10 s aue
miles but is not nreat
than O0 square nill, .. 45.00 IA

3. hioh exceeds s0 mare
ain .......... 075.00 A
'*.'


fe) When the facility drews
water from a lake or other impoundment


S OTB. "UAI indicates 'not epolicable.")


i 7-17-74


Cc


16 CD-0.12 Permits fCntingent tpon Land Ownership of Control.-
9 (1) All permits issued pursuant to these rules are contin-
gent upon continued ownership lease, or other control of
property rights in underlying, overlying, or adjacent lands,
and are covenants running with such lands.

(2) A permit may be assigned to-a subsequent owner
S subject to all terms and conditions contained in such permit
upon notification in writing to the Board of such assignment,
'provided ownership* lease, or other control of all such lands
is conveyed to the assignee and further provided that the
assignee, by accepting such assignment, does assume responsi-
bility for complying with all such terms and conditions.

(3) If only a part of such lands is so conveyed r if
the ownership, lease, or other control is divided, peait
hall immediately terminate unless the terms of erit a
modified by the board.



aODABe Words ain steush-4he are deletions made oa
above date words iierlU axe additions.


t


. 825.00 /


i*


~~~-~~- --- -----'- "- -'-~-'- `~---- "~' "'


I I I -. a I


C I I -- ---------


1 C-O 1. 0. (co tiaw r d)

1. not garwtr thea


or remue s


*5e n0


r




r






I!









sC





.


C

r

'O



::


(1) he Board may require the applicant for a permit
to furnish a bond made payable to the District and its
successors, with a reputable bonding corporation authorized
to do business in this state as surety, conditioned upo
full compliance with terms of the permit, including the
proper construction, operation, and maintenance of the
facility by the applicant so it will not be detrimental to
the operation and maintenance of works of the District
existing or planned. The amount of the bond shall be $trOM
in such other amount as the Board shall determine to be
a-equate.
(2) In the alternative to subsection (1) the Board
may require liability insurance in such amount as the Board
shall determine endorsed in favo the Distct or a bo
harmless agreement satisfactory to the Board.
(3) 48 The Board may require that-such bond or liabill.
insurance be maintained as a condition of the qontinead validity
tW th peralit.



R 6-17-74





16 C-0.14 Reapplyiq for Permits.--When an application
for a permit has been eni a new application for such .
permit shall not be resubmifted within six months of suh
denial unless the applicant can shoV substantial change in
conditions or unless the permit applied for is substantially
modified.


(1) In establishing mininmm flows and levels the Board
shall use the best information and motbd available and will
consider the protection of existing, as wall as future con-
sumptive uses of water so as to proote the conservation,
development and proper utilization of water while preventing
damage from floods, soil erosion and excessive drainage. tflh
deemed appropriate, a schedule of minimum flows and laevl
be estbshe to relet seanal or yie ariaton.
Board will also consider, and at its discretion may provide fore
the protection of nmoonsumptive uses, including navigation,
recreation and the preservation of natural resources, fish
and wildlife.
(2) Unless otherwise deemed appropriate by the Board,
the minimum flow at a given point on a stream or other water-
course shall be established by the Board for each month,
SJanuary through December, end shall be ninaty percent 190i)
of the average of the five lowest month mean diseargs for
ie particular month occurring during he twenty ypars iime-
diately preceding the time of establishing such minimum flow.
The determination shall be baaed on available data, or in the
absence of such data, it shall be established by reasonable
. calculations approved by the Board.
(3) Onless otherwise deemed appropriate by the Board, the
minra um levels of water of a given lake or other ispoundment or
at a given point on a stream or other watercourse shall be
established by the Board and shall be one (1) fot below the
average of the fIve (5) lowest water levels in each calendar
year (provided no two (2) levels shall be taken frnc the Shm
calendar month) for the preceding tn 10) five-4r ~ years. be
determination shall be based on available data or in the abseaae
Otf auch data, it shall be established by reasonable caloblatione
approved by te Board.


COINGs Words in struck-throegh type are deletions madao
above dates word underlined are additions.


rO.St


CODINGOI Word in at dr-through type are
abov dates worda derlined am


(Moral

daltioni m.ade on
additions.


,..


C.


:29%


16 cU-0.13 !en st. -


C


i I


16 C-0.15 Mieim Flas end he .--


.C




S 7-6-74


5,
d


'1* *.


l CB-.lS (Continued)-


1I~ itni... ,~ih.,wimm Amamad a,,n,,ww4a.m hi, Gum Unm..A


...... .....- .......... ...
the minimud Aevel of the water table at a given $ she I
be established by the Board and shall be three ( Ept below
the avera e of the five 6) lowest levels i r


year (provided no two lost levels ha ten from
the same calendar month) for the preceding ten 10) years.
The determination shaLl be based on available data or in the
absence of such data it shall be established by reasonable
calculations approve by the Board.
(5) Unless otherwise deemed appopriate by the Board,
a regulator level for a confined aquifer at a given point
shall be etablishe genera to lmit the rate of movement
o water from the water t at the boundary of the an
ne leased or otherwise controlled byan pplicantor


iump u e h nd r o n equit ient
ea baped on the configuration of the cone n


or wells.
Such reqlatory level shall be determined by taking the


w.4nmr r 'inm nF- ShnLnm.51 .1. h.. II E4.,


such other adjustment as deemed appropriate by the board
and subtracting the head difference required to pass the
watr crop fiom the water table to the confined aquifer.
Su head difference ia the water crop dvidedy the
a mca coff cient of the confining bed. The water cro
r '. % abJsence of data to the contrary, is 0.0229568 gallons


-,cr Oay per square foot. .


oooINGs Words in stisuc-threugh type are deletions madq. on
above date words underlined are addition. .


A .


C -


-' *
-"
; :~,.r
f
(


C.


'9


(3) The Board will maintain a current mailing list .fo
the purpose of mailing Board meeting notices to all person .
making suah request in writing.

(4) Meetings of basin water management bonis will be
held on regular basis, as determined by the res8ctiv. basia
boards, at times, dates, and place set by the respective
e officio chairman or vie chairman in his absence. Special
meetings will be held on call of the basin boarad*e ofttiio
chairman or vice chairman in his Lb s

(5) The Board wiii eaLntain Oparate mailing lists for tih
respective basin boards for the purpose of mailing basin board
meeting notices to all pe sona mkiq tch request in writing.

(6) Any request t .a se on an agenda at a meetiP of the
Board o! of r basin board all be lsbmitted not loss tn ton
days prior to the meeting. *

I'? ^j/u9 .,'


w4 wo"' mC I


C.


I


:n 4-


F?
g in =q ref ll


cause
,
by the pr po e


3


I' 'I -- ,-- *' '
I ,, -. -


.
":


** -.


16 C-9. Publiation t otie.--Mbenever in thoe r"de
the publication of anyone, prooe, e or paper is re aied
or provided for, unless otherwise epressly provided, the
publication thereof in som newspaper or newspaper as
defined in Chapter 50, Florida stantto, having general
circulation within the area to be affected shall be taken
and considered as being sufficient.



"I 75-74





16 C*0.30 eaiN MU.eeMs,. and .As.ads.-

S(1) Unless otherwise provided herein, all hearings betI o
the Board required under these rules shall be conducted in
oordane with the provisions of Chapter 120, Florida Statutes.

(2) Meetings of the Board will be held on a rgular
ponthly basis, usually at the District headquarters, or at subh
other time, date, and place as announced by the Chairman. Sp81
ial meetingss will be bhld on call of the Chairman oa at the
request of two Board members.
4


S.4
i












i:













S I,
*" : 50 I '*
r
















.4,

















I.!


i
**'..I i

:

.. *i









1 1


C11 llllo au o~ r ~ l ~ I~l l~


k 11


i


.C







S CB-a-.0T01 ITH -. .
(1) The purpose of Part 1 of these rules and regulation
is.to implement the declared water policy of Southwest Florida
Water Management District in the State of Florida insofar as
it relates to the works of the District. The Southwest Florida
Water Manag6ment District adopted rules relating to protection
of the works of the District on February 20, 1964. The rules
so adopted which are still applicable are set forth herein.
S The rules in this part are for the protection of the works of
the District.
(2) Xhe Governing Board of the Southwest Florida Water
Management District in discharging its duties and responsi-
bilities has committed itself in writing to the Secretary of
the Army to perform the requirements of local cooperation under
the project, "Four River Basins, FloridaQ (H. D. 585, 87th
Congress, 2nd Session). Among these requirements is the
followings
S*"In the case of all canals, reservoir outlets,
floodways, and natural streams on which upstream
projects works are provided, the necessary flood-
way should be preserved or the rights thereon secured
Sto permit discharges which would not cause
: significant damages under present conditions of
development.*


0


C


CODINGl Words in struek-threogh type aro deletions made on
above date words underlined are additions.


L


AT- -


Spagiot 16 CS-g.82 8561
1 a
ppy
c 3.


11 Cm -1-D im ^art 1 shall eantinqe tob
pl_6i1f53 th taar 1U 6 "a which ceprises th
Distriat in the sae mManr as heretofore. If any prov$eton
of 'Part 1 re inconsistent with prior rules and procedures
the nw provisions shall apply omasneing January 1, 175 .





OODINGi Words in. strne-threogh type are deletions made oa
above dates words undorlne4 are additions.


I .


3.,


V,


V .


0r ,-.


if.. .Z<


(


.1


. I


Kif_ ,, S -j ,- i m ri. r I I -m m


()~n;B~J~ctjc i,;


-------~- r. -- -.; ~1_ ~~-- r. --____L_ __ ^-~-: ---1~_- _---~-- 1- -= --I
hi -- ----L ----- -------------r-------------l --* II. ~-I-~---~~~"--I- .-_--l ~~~~-~- .. -11~~~-1~1~---~1-1--L~_l__~_Ll~.~*1~1 1- --]


L~1lLl


mn ImI


IYI Ill~J




I
r
i


L


......~. r


ie- a eg set "ayto hP asIhaLMl
hht t gB gB punceat


5;r



I







i.


.C





trw, L7~' &


C 1 Ca-1.81 1r4 Explanation of the Perait System for Works of
the Ditrt.-- t-
(1) The Southwest Florida Water Management District owas,
maintains, or has accepted responsibility for certain canals,
water control structures, rights-of-way, lakes and stre s a
as well as other works which are specifically named in this
part as "The Works of the Dislrict."
(2) The protection existing works from actions which
would inpair thLadiM64t to accomplish the purpose for which
intended, and the protection of other works for which
1anninis under way is the responsibility of this District.
(3) These regulations establish procedures to be followed
by those who find it necessary to connect to, withdraw water
from, discharge water into, place construction within or across,
Sjor to otherwise make use of the works of the Southwest Florida
.1aater Management District.
S-- (4) State Laws prohibit such work unless approved by the
Governing Board of the District. This approval is usually
granted in the fors of a permit.
IS) The Permit does not convey any property rights or
privileges other than those specified in the Permitg it does
not authorize any injury to private property or invasion of
private rights nor does it waive the governing requirements of
any other agency or authority. It simply expresses the assent
of the Southwest Florida Water Management Distract insofar as
enacerns the public's interest and protection of the water
Sbrsorces of the District.


CODINGs Words in struck-through type are deletions made on
above dates words underlined are additions.
.


*


.5

(:C-
I-`


j


1-&


.. iur, r I-


----- --- -- --- ------ --- --- --- -- ---------- --;; -----___ ___ __ __ _~1 _~r-~~--I~I---~----~---~~-r~-rrr ----- --- r --


CI


.,. 1-...~ C


1 CB-.03 bse works of the biM iot-be Mfeoi b have
be"es dared to 'be 4he .iark of the Distrit" by t. a
Board of the IoMthwet leorida alter Management Dit 5 t hg
the. adoption of the indiCatd reeoIties ms a ftioiUS
(1) TheillUbalough River, ie naturl fnoodwy and
tributaries, onnaotiaUq eftlsl, Oanlg, and lAke-. By
Issolutica No. 63, a4ed ofltar I, 1943.
(2) The OUklMwhs Rine, its natural itesway ad tribe-
"taries, connestnl chsmnets, caaaIr and lake. ey Vaslutto
No. 63, dated OttAber 9, 1M).
(1) The Nith p v Itver, tI natural flbodwy and
tributaries, Ie eimwU, r anaR, and con. ':B
Resolution o. 63, datd Co 9, 1963.
(4) 2he Peace M tr, its mfatral flooley'etnd ribat"lW,
connecting channels, cassls, and the lako whblih are rmull d
by the District control strutemes, including their cfltfl*
channels and canals. By Resolution go. 43, dated October M94 13.
(5) he. autborused reean Bwmp Bsin reservoirs, wnasebt
channels, control l strqbues, sad discharge chaels
reservoirs. (Noteu the Iand u req"t"i t thelk thfko
areas roervoir nut be protetd geoL t .iac#achunit by -pr To"l
or public works to inaure proper jfnctineing of the "rour'lv*
Basis, Florida' project.) By Rseoltuain No. 3, 4d d
9, 1963.
(6) The Aolots River, its natural floodway and tribw
tries, connecting channels, canals' and laks. By Besoleuti
No. 63, dated Octobo 9, 1963.
(7) Lake Tarpon, its connecting channels and canals,
including the Lake Tarpon Outfall Canal. By Rasolutiosn o. U3,
dated October 9, 1963.
(I) Old Tapa Say north of Courtney Campbell Causeway a
all tributary stSim, channels, and canals discharging thnereft
By Resolution No. 63, dated October 9, 1963.
(9) The Alaft River, its natural floodway and tr*lb*
connecting channels, canals, and lakes. By Iesolution IMo. -
adopted March 17, 1963.
(10) The Little Manatee liver, itsmataral looslay "d-
&rraiti as, 4iUtUe !sOd,"he Ad lakes,. s Im-
U- RK4-MA'1~ 11 11010- I& **.**** .* .f '






16 C1a-1,Sl (Contined)
(th- .l o.thr w s ifoumeut tr-ralutd t wupatgrmawsm
a-est*-rt-may-regqtriw
C3.46f^--.he-Beafd-ekeL1-sace-on-thoufaew-of-the-pmts
Mti-m.-&m -whtht -any -propoa 4 -ecnartkreasa-ew-a beubaen -mue


--_


I..


.3I


(1) Permi kanlieetioa hA~ll e ora t. sad 'tlew bi the


-inuohwm-m.-wR-um~-I~s~rNrr-usin-urinwD-rrwn-.r-u a-prsrzwku
*L-the-so~b -aba~L ~L-eehr-en4-m -Lmnes-ee-may-3e1Ut-UwRhadh


.mde,-mbaecien- buv-sineh~Yk-weasernalgedrikn-a-


*L--2) A-h mert s --b rehal r-healuei- f-*k e -B brredt.
(2) A permit shall not be required'


) a( To remove any dock pier piting, or boat house.


(b) To construct, alter or remove any puming


.

18 DB-1.08 Bankent at analinakian and danditina tar RArmi .**


:r









s-c
ia

'i...


Iad ualdmestic use or torwarng Lr a n1 and
ab so Ion as such activit- d6sa not reach or a r
n orh pro ded owe that act rl
wea o wafc or uch purPose.


















CODING Mo rds in etrstek-thregh type ae deletions ede on'
above dates words undeklinred ae additions.


(


(a) The nme and dress the applicant.
(b) Tf a ed o the oureQ o0awe mo0
place. a 4e0al eCrit s09 14_#.


(;) Location of the work.
(d). Plans ad ocitigatiepM.


(te Oftrcad KrSs or Je ion yhq pmerO
4" ffju"ons.


oops~neiot


(2 The Board ay also require te applicantto ubat
(a) A hydropnvirinutal utlaspnt.


(b) Any other abrgL aQtion eaIne necessary.
To obtain a permit under Part 1 the Dernitted


(a) Huat be rEasonable and beneticialX and
(b) nMut be coaitent witt the public interest.
S(4t) e oard my deay ."Mrance of a permit if it W-
nines aa ah posow eeal ft .
f(l) 2L4 ca.I% th low of a strem S or otIr ut'r-
course to be lowefedbelow h aimum now estiU eK~d ame



[c flit a. I of mylae or &

MI Il c my. tl ig

OODD l orda in etarue-thwuegh type are deletions mead on
above date words tderlimnd br additions.


I'.


*


-U ; q


C


C


~~ -"-~---- --- -- !---- -~-C..r:'_*__-~LU~~-( ~ ~L_-~~_ ~ rL~ lI* W.--


\


facility vithdrawinq water from any streak, lae r Otd for


I :




i.



L


-- -~-- --~--- -- ------- -- ----- --- -----~


........ --- e


LLL


----


- -- -


the PlMU


Y ooL ta permaa Mho will
tUW propoism v=,IrSAe~e -----


---


. ... ..... I~-. ... ". .. .'- .. I


q


.4;





4.


" .' '-*








; ,. .06 (Continued)
/ w(d ill cause the level of the water table to
/ wered below the inu level established by the Board.
(e) Will be conducive.to salt water encroachamS t.
(f) Will cause the water table to be altered
so that vegetation will be adversely affected on lands other
S than those owned, leased or other eleql y controled b
the applicant; d
(5) Ordinarily, and -.l a .. t he e .- issuance
of a permit will be denied if the permitted activity.
(" ) Will cause the level of the potentiometric ur-
face under lands not owned, leased or otherwise controlled by
the applicant to be lowered three feet or more.
(b) Will cause the level of the water table under
s not owned, leased or otherwise controlled by the ap i-
to be lowered three feet or more. *
(c) Will cause the level of water in any lake or
other impoundment to be lowered one foot or more unless the
ake oriBoundment is wholly owned, leased or otherwise
contled by the applicant.


-C


S(d) Will cause the potentiometric surface to be
lowered to sea level or below.
(e) Will cause adverse.effects on lanes not owner,
ase or Otherwise controlled by the applicant by drainage or
at on.
(f Will cause an increase or decrease in the flow
of a teamm or other watercourse by 10 1 or more.
S() Will cause an increase in the peak rate or total
S- volume of storm runoff by 10 t or more.
(h) Will place fill material or any non water use
related structure within the mean annual floodplain of a lake
or other impoundment, or of a stream or other watercourse.
() Will restrictAthe flow of a stream or other Waer- *
e o sewithinthe flodplat a 25.ear f p -d 1261 y wzw A
(j) Wil1 extend bey ndl line encroachment
established by the Board.

CODIZGs Words in staek-through type are deletions ma4e do.
above date; wor4s underlined are additions.


i. r .0l1 Pe ja i.i-a :-' e;
all h VaN o tPARm x rt -atthe ISEPILM "9
fils n heaam DI104 ntb a49L OMA


* 7-26-74


IS C3-1.O7 Notice awd leavrin 3sauiesjts.--


S (1) Within fort-five (45) days after receipt of
completed an application for a penrit tether wh al
- -e-a the Board shall do one of the folloving
(a) Issue the permit.
(b) Deny the pen*it.
(c) Set 4 time. for pubiic'hearing on sait
application and give notice to the applicant not less than
ten (10) days in advance of mch bearing.


Coiaos Words n stwA-hueigb type ar* deletions mana s
above date; words underlined era additions.


- 1r.58


-, .9-
I.. 9.


*C *


* I
















I i


.


:


jr 06 L~C









16 CB-1.11 Revocation and Modification of Permits.-
S(1) The Board may revoke or modify a permit at any time
if it determines that the permitted work or works has become
a danger to the public health or safety or if its operation
S has become inconsistent with the objectives of the District
S or is in violation of any regulation or order of the District,
or the conditions of the permit.
(2) Before any such revocation or ification the Board
shall give written notification there by registered or
certified mail to all affected p&w. Such notification
shall contain a statement of the reasons why the permit may
be revoked or modified, and a reference to any applicable
SDistrict objective, regulation, order, or permit condition.
An affected may file a written petition no later than
ten (10) after notice of proposed revocation or modifi-
cation i served for a hearing in accordance with Part 0. No
permiti hall be revoked or modified before an affected pa4ty
Sis forded an opportunity for a hearing before the Board.
(3) If the Executive Director determines that the danger
,,A to the public is imminent, he may order a temporary suspension
jpV of the construction, alteration, or operation of the works
until the hearing is concluded, or may take such action as
S authorized under Rule 16 CB-1.14.




c Deled 7-17-74'...
% Deleted 7-17-74 ...


,~b,U~tTC-net6IUStW?~anUyWOl~fl~tWNRWf5CY2tS@5f
4aw,-aE-&h4. .--~ sr.vhu~lak-viae.*is-4.*r-a4,anrdai.Aa..-wr~b~mw------------..-- --


er**rderi-et-the-Beerty-er-6ke-eendittens-of-the-perake-shalt
bo*4eelated*ampublie-naisoneer--The-operestew-of-seek-week-er
weeke-may*be-enjoined-by-sett-by-the-Beard e


C.e tiea--the-Beard-shahe-be-a-neeeary-party-be-any-saeh .
siti--Nething-herein-ahal-be-eenstrued-e-eontlevirh-the
irevdsiens-ef-Raie-&6-eB-Ti&vT



CODINGs Words in struck-through type are deletions made on
above date words underlined are additionp.s


n.,1.I'h


C


16 CB-1.13 Remedial easures.-
(1) Upon completion of any inspection provided for by
Rule 16 C-1.09(3), the EBaective Director shall determine
what alterations or repairs are necessary, and .rl ,that sodk
alterations and repairs shall be made within a certain time,
which shall be a reasonable time. The owner of such work or
works shall be served with the order to make such alterations
or repairs. ofT ---lk-r -'r u ........ ** '- .
4- bb. of.t. sa'r *s zi:a:L e The owner
of such work or works may file a written petitioin within tda
(10) days after such order is served for a bearing before
the Board in accordance with Part 0. If, after such,order
becomes final, the owner of such work or works shall fail to
make the specified alterations or repairs, the Board may, In
its discretion, cause such alterations or repairs to be mads.
(2) Any cost to the District of alterations er repairs
made by it under the provisions of subsection (1) of this
section shall be a lien against the property of the landowner
on whose land the alterations or repairs are made until the
Board is reimbursed, with reasonable interest and attorney's
S fees, for its oosts.


r a-4-74


16 C.l-.14 Bergenoy Authorisation for Construction of Wotts.-
(1) Permission to begin construction of works prior to the
issuance of a permit ay be applied for, in writing, when eer-
gency conditions would justify such permission. nemesrav lJp
< wid en *

(2) The Executive Director may grant emergency authorization
at his discretion. However, a serious met of unforeseeable and
unforeseen circumstances must exist to create an emergency. I Ma .
.l -...o-- .. -...uf .. w u-oe s- ..-... --- -- --
*mll HU0 C--0 s a
f Elwuy-Am-ni reiif '-


Ci


f


---c"`


- C






sS


16 ic 3-.i1 ReV@*ti~fl nsd iiodiatl(ee od PermL.-


,,


Deleted 7-I-74 ..


M.



*f

J.

is .
'4

(.

r

,,


e.an-4,A..a.kha k Mn w--Anv-


*~z~),ws-ed-i~tih~eii-vSwhe


werk-et-work
violates-the


r-wheh-vietakes-


*the


e-standerter-regwhetheasy


be-deesiaed-e-pbiie-anusaneer-Y-he-operat*on-ea-sueh-week-e'o
worke-lmy*be-enjeined-by-sUit-by-8he-BoeadTe?-by-a-pVwateO
C sti enT--the-Beeord-haL-be-ad-eeeaaary-party-to-ay-ateh .
tsuit-Nething-herekn- ha -be-eena.tred-to-eoenftiet-wt&b-thae
previs enae-oe-RWIe-k6-eB-4ti.



CODINGs Nords in struck-through type are deletions made on
above dates words underlined are additipons. .


(1) the Board rwevooke or mditfy a piermi at ap tile
If it dtermines that th permitted work or works has becoai
I danger to the ublit health-oat afetu ift it t operetioo
hat become Ihcohnsitena with the objecie # of the Distriet
of is in violation at any regulation or harder of the bistriats
or thd t6aditions tia the Vpetit4 4f. .
It) Btfote any such revocation or t ficdtlan the Board
hall lye written notitiention their by registered or
cirtiL ed mail to all affected ubew. Such notification
Hall contain a statement of the reasons why the permit may
he revoked or modified, and a reference to any applicable
SDistrict objective, regulation, order or permit condition.
An affected bt may file a written petition no later than
ten (10) da m after notice of proposed revocation or modifi-
cation p'served for a hearing in accordance with Part 0. No
f-pernai all be revoked or modified before an affected peu. L A49
S lorded an opportunity for a hearing before the Board. .
S(3) f tthe Executive Director determines that the danger
-to the public is iainnent, he nay order a temporary suspension
'of the construction, alteration, or operation of the works
until the hearing is concluded, or ay take such:;action a
authorized under Rule 16'Ca-l.14


i


16 CB-l.14 r- roeny VthorisAtton for ConstrMution of #MeI.--
(1) Permission to begin construction of works prior to the
issuance of a permit my be applied for, in writing, when aor-
gency conditions would Justify such permission. Ima seemtr w
VF.2W- -I0 1 a
*_ -^ _^ ^ ----

(2) The Bxecutivp Director may grant emergency authorisation
at his discretion. However, a serious set of unforeseable and
unforeseen cireunstance must exist to create an emergency. l s.N w.
qd ll-. f*1 nwo -a; _m
olecnset e*d ee


.. s


-- -I A.


S. C


|--


the***Mtheas-ee- s


1) e om pletiea ael e o f a. s
S A ( a..t.. Di or
that altirations or repets a re neo Cetr and o r that 0e0
alterations and repairs ll be ma lwitlU a certain time,
Vb ch shall be reasomle tim, WTe oner of such work or
works shall be served with the order to make such a4lterasi*
or repairs. dio 't l A s...*. ...... ii T sh
-_ --. r _ush Ir. o e s. ee
of such work or works ma fige a writn petition 41ithiM W
(10) days after such crter is seed tot a bearing before
the Board in anoord4ine with Peat If, after such toder
becomes final the owter of such work or worked shall fail to
make the specified alterations or repairs, the Board may, in
its discretion, cause such alterations or repairs to be aMde.
(2) Any cost to the District of alterations Or repairs
made by it under the provisions f subsection () of this
section shall be a lien against the property of the ltndawner
on whose land the alteratioM or repa r are made until thy
Board is reimbursed, with reasonable interest and attorney a
fees, for Its coets.



S" -4-74


|


.., -L1-- -r--'.r li-i--rl -- ~-(*C--



-7-




was. -a-?4


1.0 (Continud)
(4) will cause the 1vsi 6 ttti, 6t4i' b
ered below the miniam Jei eatablsew b1 the B4aM.
(e) Will be conducive to salt water encroachment.
(f Will cause the water table to be altered
so that vegetation will be adversely affected on lands other
than those owned leased or otherwise legally controlled by
the applicant.
(5) Ordinarily, and rath, isance
of a permit will be denied if the permitted activity
(a) Will cause the level of the potentiometrio sur-
face under lands not owned, leased or otherwise controlled by
the applicant to be lowered three feet or more.
(b) Will ca se the level of the water table unda .
s pot owned, leased or otherwise controlled by the app-
I: to- be lowered three feet or more.
c) Will cause the level of water in any lake or
other impoundnent to be lowered one foot or more unless the
lake oI npoundment is wholly owned, leaked or otherwise
controlled by the applicant.
(d) Will cause the potentiometric surface to be
S lowered to sea level or below.
(e) Will cause adverse effects on lanks not owned
l asea or otherwise controlled by the applicant by drainage or
nation.
S() will cause an increase or decrease in -the flo
S of a stream or other waerrcourse by 10 or more.
(q) Will cause an increase in the peak rate or total
volume of storm runoff by 10 or more.
(h) Will place fill material, or any non water use
related structure within the mean annual foodplain of a lake
or other mpoundment or of a str. m or othor watercoure.
() Will restrictthe flow of a stream or other
SvitHinthe floodplainf a 25 year flpd 0 4 '
I Will extend bond a line of encroachment
i etabliah by the Board.

CODING Words in struek-therugh type are deletions mae d. .
above dates words underlined are additions.

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a1 Nsi.M *otion wt feegii


(1) within fortyfive (4S) da after nteie o i
PHltca an application for a pel tether i U i
ort inflation Ire uea ead nde-the -piee or
-ti-eB-2 Othe tad shalldo one of the fo o Wle i
(a) I tse the 'petlt.
(b) Omnl the imipei* 4.

(e) Set a f tor a public hearing oa said
p'lication and give notice to the appliannt t less than
t (10) day in advance of such bearing.


abovo


dii eNueeh-ohkisgb &nk 6addition s1 em
date, al nos dndewiiae ate additioa..


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abh-e4mr-Czks


(1)..-$--Tkhe-eiaad-eheLh-eaaf-6n-the-face-e-thea-purate
the- -me-k-n-whkeh -ay -propoed -conmtruo~tIom-e-alberathei-muet
bs-eemp beh4-es -bhe -t e-er -pt ea -e-wlek-anr-er-e f-prevktete
*e-MRe-posbCb-sha L-enp re-and-may-mpe e-en-ny-per at-granted
umdes-subHsebhiaen -4-abeve-aiieh-e-eaenable-een4ditean-ea-a-e
reessa y-e-a ssur-bkhab-the-permw bed -emeC uee en-er-a* .erateit
VWLL-e.b-iee-)HRm -bep he-amer-ueea-e eef-eBa-he -Bhmtrstse.


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CODINGs Words in track-threegh'type
above date; words underlined


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66 4

<&> *n If Jk atiaft lR be~l troomM to -d Aatari bli am


are deletions made on
are additions.


Ba a on fo ms r ... ............. ... .
(al The nUme 4id address of the Iplicant.
(b) the name ol ad rLt r gs a On o r at owners ot
he land Ipon w icS th" Mcrnthjgidt Oi lt&RiiAB l IT EME
place, am a le1al description of sucP l&.S.
(a) Location of the work.
(d). plan eand speglticAtiips.
S(Ue) Te na and ~M r !M sef it! person fto peP
the plMH and ape4iottia.
() aThe n .n4 an ddress of th person who vwil
construct the proposed wor, WOen avelilwab.
(2) The Board may also require the applicant to subamd
(a) A hydroenvironmental t~ event.
(b) Mhy other information deemed necessary.
3) To obtain a permit under Part the permitted


(a) Must be reasonable and beneficials and
(b) Muat be conatstent with the public interest.


(4) TN Board mr deny issuane of a permit if it atgr-
mines that the poaitted activ. t
S(a) Will cause flow o stream or other wateg"
1ur." to be lower" belo"nmw Flow 42051151M By ,asn'

S" b) Will y1 t leve2 o .the potatiometric.
surface to be lowerM beo tahe n U nu e l dt akb0tS1heg
the Board.
Se any la o rM r
the Lnsimm level establish by Me 304Vo.


(Conuttaea)


S OODZGs Words ji etvwek-4thrLgh type are deletions Made an
above date, -ords unbe i ane addition.


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16 .0 t* Wx planation of the Permit system for Works of
the Ditj-Fc.-- -,- '
S(1) The othwest hu t lorida Water Management Distriot owns,
maintains, of has accepted responsibility for certain canals .
water control structures, rights-of-way, lakes and streak *
as well as other works which are specifically named in this
part as "The Works of the District."
(2) The protection oa existing works froo actions which
would impair thia ~.~L. A to accomplish the purpose for which
: t ,t wr_ intended, and the protection of other works for which
planning is under way is the responsibility of this District.
S(3). These regulations establish oracedures to be fo1loved
by those who find it necessary to connect to, withdraw water
from, discharge water into, place construction within or across,
A)aor to otherwise make use of the works of the Southwest Florida
i i a&ter Management District.
(. (4) State Laws prohibit such work unless approved by the
Governing Board of the District. This approval is usually
granted in the form of a permit.
I) The Permit does not convey any property rights or
privileges other than those specified in the Permits it does
not authorize any injury to private property or invasion of
Private rights nor does it waive the governing requirements of
4i any other agency or authority. It simply expresses the assent
of the Southwest Florida Water Management Ditrtct insofar as
concerns the public's interest and protection of the water
resources of the District.







I i


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CODuIGi Words in stUck-through type are deletions made on
Above date words ungdrlined are additions.
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i NI0 ird I W do rk of tw is t-th following have
been dI'red to beO "fhe lOtro of th D0rliet Iby th OGver i ,\
Board of tha Bothwet 1 orida Water Manaagemnt lrtet et through
the. adoptoN of the indicated resolutions and aOtioa
(1) The Billsboro h iverr, its natural flooD y and
tributaries, connecting chaels, canals, and alkes.
psAolution No. 13, dated October 1, 1963.
(2) The Oklawaha River, its natural floodway and tibe-
taries, connecting channels, canals, and lakes. By rasolatiot
No. 63, dated October 9, UI3.
(3) The Vithlacdochoe vyer, Lt natural tlbrede aBnd
tributaries, oonneoting channel, anle, and lakes. y
R'esolotion No. 63, dated October t, 1963.
(4) ThePeace River, its etural floodway and tributaries,
connecting channels, canals, and the lkes which are regulated
b the District control structures, inoludin their eetnectc
annals and canals. By Iesolution "6. 63, ated Octaber Bs IMS
(I) The.autharit Green Swamp aiL6, reservoirgi onneetla
channels, control stretures, 4nd dsdihge channels below
reservoirs. (motel Tta land dress ui0 d (or thb .%h*e
areas reservoirs mst be proteotd ag 4s emctoachmdt by pivate
or public works to inIre proper funBtiling of the "Fout Mt&W
Basins, Florida" projt.) By Resolution No. 43, dated Ookteb
9, 1963.
.46) The Anclotse ivet its natutri floo&mdy and tribe I
tariea, connecting aob ela canals, ai' lakes. By ReselOt*li
Do. 63, dated October 9, 1563.
(fL Lake Tarpon, its connecting channels and canals,
including the Lake Tarpon Outfall Canal. By Resolution Bo. Ut
dated October 9, 1963.
(I) 'Old tImrp Bay north of Courtney CapbeU Causeway adW
S all tributary atsa w, charnnls, and oanal diachargnf theUeMa.
By Resolution No. G3, dated October 9 19463.
(9) The Alaia Rivers its naturAl floodway and triblutris
connecting channels, anala, and lakes. By Resolution No. 634A,
adopted March 17, 195.
(10) The Little Makatee River, its natural floodway ae
tu .. and lake. A tp-
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cf-ig" "T< areaEro '.;
(1) The punose of tPat 1 o th 6e ruiel mdd reiudtige
is.to inplemett the declared water policy of Southwest Flortid
Water Manageamnt District in the State of Florida insofa as
it relates to the works of the Distriot. The Southwest Floridd
Water Management District adopted rules relating to protection
of the works of the District on February 20, 1164. The rules
so adopted which are still applicable are set forth herein.
The rules in this part are for the protection of the works of
the District.
(2) .The Governing Board of the Southwest Florida Water
Management District in discharging its duties and responsi-
bilities has committed itself in writing to the Secretary of
the Army to perform the requirements of local cooperation under
S the project, "Four River Basins, Florida" (H. D. 585, 87th
S Congress, 2nd Session). Among these requirements is the
1lowingi
v "In the case of all canals, reservoir outlets,
floodways, and natural streams on which upstream
Projects works are provided, the necessary flood-
way should be preserved or the rights thereon secured
4' to permit discharges which would not cause
Significant damages under present conditions of
Developmentn"


C3







C.CDN.Wrsi tuktruhtp r eein aeo


0


CODING: Words in struck-threugh type are deletions made on
above dates words underlined are additions.


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oi a up-q.03 p"M 4 at a lso a g O&us r As k
C.. ti2i

o'4'5;6*a4AA4' ,


( ) Work of the DistriLt" mans any
Ib t or etr WatweroaS
emnsw end maintain
work'at the District. end-hentdla-ei


Pr- .


16 CS-1.003 Ava ZaplemOnti .-Part Isall continue to b
iaplnemI ? throughout ehenatire area which comprises the
District La the sme manner as heretofore. If any provisions
of 'Part.1 ae inconsistent with prior rules nd procedures
the new provisions shall apply oooenoing January 1, 1975.


4CODING Words in etruek-through type are deletions sade on
above dates words underlined ae additions.


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16 CB-2.01 1xo~.--5 puopose of Part S of these ruled and
regulations I tomplefht the declared water policy of the
Southwest Florida Water Managment Distriot and the State of
nloride relating to the consumptive uses of water.


<^









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1f CS-;.03 Imlement* t o.--Progra for issuance of pOrmdt
authorizing the cowsuptive use of water shall be iaplenmnted
immediately and shall apply as followed
(1) Commeniag January, 1975 within the Nillsborough,
Northwest Hillsborodgfl,7and Pinellas-Anolote asins a permit
shall be required for the,withdrawal of waters


J







e (a) If the withdrawal during any single day is to
exceed 1,000,000 gallons or if the average annual daily with-
drawl is to exceed 100,000 gallons averIae ua day on an
annual basis.
(b) If the withdrawal is fros a well having an inist~
diameter of six (6) inches or more.
(c) If the withdrawal equipment or diversionary
facility has a capacity of more than 1,000,000 gallons per day.
(d) If the withdrawal ia from a combination of wells
or of diversionary facilities or if both, having a combined
Scapacity of more than 1,000,000 gallons per day,
"'I F-a -.....---- r """0.9 l. |. wu-mp..
lachasootee River jaeeeeaa4-A v..h5aBiaj PA, ...
P!TchEe-River Basins g permit shall be required fa the
-withdrawal-of-aterr
4

(a) If the _withawaal-i-to-eueed. Q9O000 gailoM
duringng any-s Oiile ay.
(b) If the withdraL.sfiarnm--a-wIT-IMVTan inside
Cdiaeter o twelve (12) Iheasci or more.
(e) If the withdrawal e_,paat-er-4t itinr
----tality-has a capacity of morezthkn 10,000,000 gallons per day.
(3) Comencing January J, 'l i wlthin-tWteace River Nad
--Uin FiIriver Basink~ permitt shalt..b required for the withdrawal
of water in the same manner as required for-thKoe-basins sat-
.----- (Continued)
CODMINi Words in weeuk-thraLh type are Adeletioa.a
above date words nderlfined are additions.





1 .03 (Continued)

i ( ,h in section 16 cs-2.03(o).
9-W- n9i0nc nq JuiV"i. 19"7 within~Itrypgal-Homoeassa,
y eir-and- thlachascotee River Basins a perm t shalBgeguirod
/ for the withdrawal of water in the same manner-as required for
S ho asins et forth in section 16 CB-2-03 (1
S(5) _Coenging Januargy 1 977 within tra-WlthlacoochMe;
RiveA d Groen Swamp Basinsa permit shall be requirM6 fogE
the wLthdraw of water in the same manner as required for
those baasins-set forth in section 16 CB-2.03(1l), -


C








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CDD~ Qs Words in etruek-hreaegh type are deletions made on
above deter words underlined. are additions.


.. I


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1 () C2.04 ses.--i .f ii.-
tl) 1te OUse.-


(a) 4 conaUtive a aat aut be obaned ftro
the Board before withdrawal of watir shall be ommenod for
quantities sat forth in 16 CB-2.03 hereof.


(b) Such permit may be obtained by aubbitting an '
application in writing as provided in these tIles.
(2) Existing Uses.--
(a) All uses of watereslisting prior to August.1i,
1974 in the quantities set forth in 16 CO-2.03) which uses are
not otherwise exempted from regulation by thede rules or by ,
the provisions of Chapter 373, Florida Itatutes, may be contiseaA
through August 13, 1976 without a cosumptive use permit.
Commencing August 14, 1976 such use may only.be continued If
a consumptive use permit has been obtained or if an application
for a consumptive use permit has been made,and is still pending.
(b) Permits for such continued use shall be issued
S by the Board for initial periods as provided in 16 C-2.03 and
will be issued by the Board if the existing Usa is a reasonable-
beneficial use and is allowable under the coqaon law of this
state.
(3) Exemptions.-- ,
(a) No permit shall be required for domestic icn-
sumption of water by individual users put the Board shall pra-
sume, unless otherwise shown to the contrary, that any usa of
water exceeding the quantities set forth in 16 CB-2.03 is not
limited to such domestic consumption and is thereby not exempt
by this provision.
(b) No permit shall be required ior any holder of
a permit or permit agreement for consumptive use of water executed
or issued prior to July 1, 1973 by the Board or by the Board of
Southwest Florida water Management District (Regulatory) so leag
as such permit or permit agreement shall remain in full force
and effect, provided the holder of such permit or permit sroee-
Sent shall apply for and obtain a met permanent permit tag
Searing a use identification number which tag shall be displayed
as prescribed in 16 CB-2.b5. Nothing herein shall be construed
to prevent the Board from modification or revocation thereof as
otherwise provided fdr. A well construction permit shall not be
construed to be a consumptive use permit.
(4) All uses of water, whether with or without a permit,
are subject to the provisions of 16 C3-2.30.


Ir

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ll~o ~- ~~-~ -~_.-~ T-~~'~"~"-~~ --- -Cc' --~---~----,,. ,..,. _IClr*--- -----~-----r-- -,,,FITICC"~-^~r ---1-1


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S' : : R 7-30-74


V :d i a c 16 CB-2.06 Content of Application.--
1 CBr2.S Idenfiticati.on _Tags.-- (1) Permit application shall be sworn to and dated by the
applicant or his duly authorized agent and shall be filed with
(1) When a consumptive use permit is issued the Board the Board on forms provided by the Board which shall include:
will issue i permanent meta& tag bearing a use identification
number which ag shall be prominently displayed at the site of (a) The name and address of the applicant and of the
withdrawal by permanently affixing such tag to the pump,
i head gate, valve, or other withdrawal facility. If the con- owner or owners, if other than applicant.
Ssuaptive use Permit.covers several withdrawal facilities. such i
S as a well tiel, a tag will be issued for each facility. (b) The maximum amount of water to be withdrawn per
F''' year and during any single day.
S((2) Fdilure to display-a permit tag as prescribed herein
shall constitute a violation of these rules and s( be (Ce) The source of the water supply (if the water is
grounds for sqspesion or revocation of the permit from a lake or impoundment, stream or other watercourse, the
S" name generally given to the source by the people in the vicinity.
If the water is from an aquifer, this fact shall be stated on
.the application.) c l

(d) The use to be ma of the water and iny limita-
tions thereon.- (Applicant describe the nature of the
proposed use, the method of withdrawal or diversion of the water,
including the size of drop or intake pipe, the size pump, and the

S(e) The place and area where the water is to be used.
(If for irrigation describe the acreage to be irrigated, the
S c I method of irrigation to be employed, and the w.p to be irrigated.)
S~f) The location of the point of withdrawal or diversion.
710 (g) An accurate legal description of the land owned,
leased, or otherwise controlled by the applicant, together with
an accurate survey or sketch to scale showing the boundaries of
such property and the location of the point of withdrawal or
diversion. Also show the locations and descriptions of any other
existing wells or other withdrawal or diversionary facilities on
the property.
(2) An Affidavit of Ownership setting forth the names and
SWImailing addresses of all owners of real property, as taken from
L0 A the latest tax rolls, together with the names and addresses of
.,I,... 4'lf J t. A / / Oany new owners not yet placed upon the tax rolls but of which
I "' B' applicant has actual knowledge, whose property is located within
the distances prescribed below, shall be attached to anibecome a
S CODW8 Words in strack-threogh type are deletions made on part of the petmit applications
Sbove date wortd underlin*4ed aditeps. (continued)
:COOg Is Words in bastk-thre9h type are deletions made on
above dater words nderlined p additions.



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R 7-26-74



CB-2.11 (Continued) d

() If the withdrawal of water by the applicant vwi
cause the potentiometric surface e-a-pnede to be
lowered to sea level or

SOrdinarily,

station les evapotranspiration) throughout the District averages
365.000 9 llans Per ewar per acre 640r900-LOge&ene-p-ay-pe
eqam-nM&ie and that the issuance of a permit should be with-
held if the congasump e use of the water withdrawn exceed dee-the
C AAMswoe-s-e-enwe ien-e -Wae_ -exseeodng the water crop for
ande owned, leased, or otherwise oontrolld by the applicant.

+I When the Board finds that it is consistent with the
public interest and will not interfere with any other legal use
of mater existing at the time of an application, it may issue
a conditional permit for withdrawal of water exceeding the water
crop of lands owned, leased, or otherwise legally controlled by
the applicant. Such permit may be conditioned upon future re-
doations in withdrawal or diversion.

4C The a rd may reserve water from use by permit in such
locations and quantities, and for such seasons of the year, as in
its judgment may be required for.the protection of fish and
wildlife or the public health and safety. Such reservations
shall be subject to periodic review and revision n n the light
of changed conditions. however, all legal uses of water existing
August s5 .1974 shall be protected so )aeg as Msch use is
0et entrary the publIS saest.



C







OwnPIs Words in uemie-t eMmgh type are deletions made n
Pheoe date words enderlnd wre additiLos.


'I: --- --- r-- I ---


Ay ppteeont-whose-weenerawa4-ebstNe-fMonJaksa spouinamanm,
street -er-hother wateroeotw-or-aqutecrs -eacesds .thewuater-crop-fcon.
andt-OinedT-1r uBytbe-+iwd-.-spee4a4-penie
-(l--Urtle-sspee$44ce41yreempted-by-the-Bot4l .perBtr.aJl
molders-of-speet*e rits-shll-leeimp|1ty-w h-all--othes.r-equictaentl
for-e-fonumptt4-Jee-Perm4i.
-({--Specttal-permts-w0--Foet-be-4sessed-whih-44 L-lausm&a.
reductaon-*-rrthe-quantity-aef-wetr-permittOedL-der-aan-AtitOg.
Special-iCnsumpttve-Use -Permiit


j- -Spec ct- Peruttee-hclN-e-r9e-a--tae -w e. si-i-s. 44 B waa J.
to-reHunquatshthat-peiortroefis-wi-tdraw4-w itf 46-Ofttb-hdec
-nottftctiorr -y-the-eoardt.--The--peritMe-mayj- 4t444u-ofu--elnq rushing,
eBgotiate*-t--furnish-water-t-thec-le9a1-ueerW-fqu*it4459-ia.w.
1thdratrnrexceedin9-the-atter roIPaay-h pe-ieiii c y-sa-le@uta


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16 CB-2.12 Competing Applications.--
(1) If two or more applications for permits, which otherwise '
comply with these rules and regulations and with any requests and
instructions by the Board, are pending for a quantity of water that
is inadequate for both or all, or which for any other reason are in
conflict, the Board shall have the right to approve or modify the
-applications in a manner which best serves the public Interest as
determined by the Board.
(2) In the event that two or more competing applications
qualify equally under the provisions of subsection (1), the Board
will give preference to a renewal application over an Initial
application.
*


CODINGI Words in struck-through type are dolotions made on
above date; words underlined are additions. .


9 *


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*IY~~bl~llr~il*~*llRCjlYLCI?~I:-l~plllb I~Yr~r i~u reru~plyjlp ja naCu '~' Y~----~" ;;~-~~-` Illlllll~l~saa~n~~u-


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----- --- __ ___ ------I- ----1. ~-~l~-.-~~-LI-LC-_,_;1*531~--- I-~IC~---IICI X~FPs*I


Deleted 7-18-74






3L4 ."B,-.-33--Cs odi4 n4eT peSal- Consumptive -se -Permit:


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7/5/74


16 C-2.13 duration of Permit.--
(1). Unless Oe is provided herein, each consumptive use permit
issued prier to t1lexpiratlon of five years from the date of implmenta-
tion as set forth t 16 0C-2.03, shall terminate upon the expiration of
six years from such date of implementation or at such earlier date as my
be determined by the bard and set forth on the face of the permit.
Consuptive Use Pemits issued after.expiration of five years from such
S date of tplementatlon shall terminate upon the expiration of 20 years
or at such earlier date as my be determined by the Board,
(2) Any first renewal permit issued, whether otherwise mdified
or not, shall terminate upon the expiration of 20 years from the original
permit issue date or at such earlier date as my be determined by the
board and set forth on the face of the perilt.
'.. () Any subsequent renewal permits shall be granted for 20 year
perloes or for such lesser periods as rmy be determined by the Board
and set forth on the face of the permit.
(4) Nothing herein shall preclude or otherwise estop the
Board from terminating, revoking or temporarily suspending any permit
as authorized In these Rules or'as provided on the face of the permit.
(S) rd may authorize a permit of duration of up to fifty (50)
years In U case of e mmcipallty or other govementa. body or of a
public um or public vice corporation where such a period is required
pmr de them tremet t of bonds for the construction of waterwork
aste 4 7posal f-1-7
X. 7-1B-74


S* 16 CB-2.14 modification and Renewal of Permit.--
(1) A permitted may seek modification of any of the terms
end conditions of an unexpired permit. Such modification shall
be sought by filing an application in the same manner and undbr*
the same provialone currently required for initial permit
S applications.
I (2) Applications for renewal of permits issued for more
than j1 ye may be made at any timeauring the last year of tie
tem of a uneapired permit and at such other times as the
__- ittee aen sh goo4 cause for earlier consideration.

I oDuaQj Word in sramk-thremgh type are deletions made on
Saor datep wor4d eitA2 id are "d4tiooes.


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16 CB-2.15 Revocation of Permits.--The Board may, at any time after
notice and hearing, revoke a permit as follows:
S (1) For any material false statement in an application to'
continue, initiate, or modify a use, or for any material false
statement of fact required of the user pursuant to the provisions
S of this chapter, the Board my revoke the user's permit, In whole
or in part, permanently.
(2) -For willful violation of the conditions of the permit,
the Board My permanently or temporarily revoke the permit, in whole
or In part.
(3) For violation of any provision of this chapter,'the Board
May revoke the permit, In whole or in part, .for a period not to exceed
one year.
S (4) For nonuse of the water supply allowed by the permit for
a period of two years or more, the Board may revoke the permit per-
manently and in whole unless the user can prove that his nonuse was
due-to extreme hardship caused by factors beyond his control.
(5) The Board my revoke a permit, permanently and in whole,
With the written conspnt of the permitted.
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S Ci3.6 Contr action of Water Wells and test or foundation

(1) Policy.--It shall be the policy of the Board to
ascertain that all water wells within the District are located
constructed, maintained, used, and closed, and all test or
foundation holes are constructed, used, and closed so as to
protect the water resources within said District in accordance 1.
with the purposes of these rules and regulation jL.4 dali 7
(2) Construction Methods.--water welllsay be constructed
by drilling, coring, boring, washing, jetting, driving, or
digging, but must be so constructed, cased, cemented, plugged,
capped, or sealed as to prevent permanently the escape of water
to waste either at or above the land surface, or to escape from
a subsurface sone of higher hydrostatic head into a zone of
lower hydrostatic head, or to become contaminated by poor
quality water or other substance from either surface or under-
(-ound sources.
(3) Permit Required.--A permit shall be obtained from.
the Board before any water well or test or foundation hole.shall
be constructed, repaired, modified, or otherwise altered, except
as provided in 16 CB-l.03(5)(3)(ii). Such permit shall be
prominently displayed at the site of the well prior to beginning
any work thereon and shall remain so displayed until construction
S is completed.
(4) Gang Well Permits.--Notwithstanding definition of
a water well, as set forth in 16 CB-1.01(2)(a) herein, no gang
11 shall be constructed without a permit, regardless of the
oze or depth of the individual wells comprising such gang
Sll, for the purpose of procuring or obtaining water other than
for temporary dewatering.


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16 C-3.87 U 9mliati a cm -- f e
(1) Peraits will only be issued to registered dentrectors.


(2) To Construct a Wfet Well.--A written appliLtiam
j shall be made on forms furnished by the Beard, and 0411 be
signed by the registered watae well eontrator psCeaqbl for
the work. Such application shall ipl4de the naoe d' address
of the property owner, or his fweat, en whose property the well
is to be drilled the ge registration ntbef, and address of
the contractor; the apprcoiate location of the well, the
expected depth, and th pecificatiop for well construction
including asie(s) of casing to be used method of acgpletioes
and method Of plugging abandoned well f necessary.
(3) 'T Construct Test or Foundation Holes.-
(a) A written application shall be made on forms
furnished by the Board, and shal be signed by the registered
test'or foundation hole contractor who will be responsible for
the work. Such application shall include the name and address
of the property owner, if applicable, or his agent, on whose
property the drilling is to be performed the name; registra-
tion number, and addte of the contracmtrr the approximate
location of the holes and the.nusber to be drilled; ead speai-
fications as to their construction including disaster.of holes,
expected depth, whether or not casing will be used,and how these
holes will be plugged wien abandoned. Where multiple holes are
to be drilled at one site, a single permit may be issued.
(b) Any contractor or engineering testing laboratory
may, in lieu of submitting applicatoensfor permit, furnish an
additional surety bond in the mount of twenty-five thousand
dollars ($25,000) om-preol E--fi-gfpes itity-tr-tgue
a-me -amem -ad acceptable to the Board to insure the Board
.against any infractions of District rules or regulations or
orders. The Board may, in unusual circumstances, such as when
. the $25,009 bond may not be adequate to properly protect the
water resources Of the District, prescribe any other restrio-
tions and may require additional qualifications and bond as it
deems proper.
(c) A special completing report and log on any hole
which may have inadvertently become a water well will be
required as set forth in 1.03(13).
(4) Specifiantions.--the specification for'construction
as set forth in the written aplication, if approved, shall be
contained in the permit issue by the Board and construction
shall be performed in. acordance with suah specification. Amy
deviation therefrom shall only be made after written permission
.is received from the board.


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(e) Steel well casing and liner pipe may be joined. .
in a watertight manner by. threaded couplings or by electrical
welding methods. PVC pipe shall be joined by solvent bonded"
couplings.

(f) N'onetallip and stainless steel well casing or *
Iner pipe +hall not be installed by driving. For well casing .
or liner pipe installed by driving, the casing or pipe shall
not butt together inside threaded couplings unless the joint.
is electrically welded so as to be completely A
drive shoe is required for use on casing or pipe installed by
driving.


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(1) Frr Wells obtaining water from unconsolidated earth
:. materialss casing shall extend from land surface-to the well
screen. The well screen hall be attbed to the casing with-
a watertight seal.


.() Stainless steel ipe used for casing or liar .
pipe shall be Schedule I0S of the American National Standards
Institute (ANSI 5 36.10-1965 R 1971), or stronger claesifioa-"
tion. .
(d) Polyvinyl Chloride, (PVC) pipe may be used for
well casing or liner pipe. Any.PVC pipe used to construct a
water veal shall hqb been marked by the manufacturer, under*
a method specified'by theNational Sanitation Foundation, Apn
Arbor, Michigan, as suitable for use in potable water systems.
Ay PVC pipe used for well construction or repair shall be ASA
Schedule 40 pipe or stronger classification,


(4) Grouting and Sealing.- : ,


(a) Casing for wells which obtain their water from
a rock layer or other such consolidated formation shall, as
S a minimum be seated, or sealed with neat cement grout, into
that rbck layer or other consolidated formation.
,(b) For wells with casing, which is driven starting
at land'surface and thence to its final depth in a bore hole
equal to or smaller in diameter than the outside dLmeter of the
casing, or which is driven starting at land surface and thence
r o isu7fiat -dptlr-thad of the drill bit, an'attempt to cement
grout the entire 16ngth of the casing need not be made.


(o) For any part of a well casing with ap outside
S. dLametr of four (4) inches or larger intended to be installed
in a bore hole which is larger in diameter than'the outsNte
diametea of the casing, the annular apace created between .tb
well casing and the bore hole wall shall be filled from bottom
to top with not less than a two (2) inch thickness of neat
cement grout. For those well casings with an outside dieter


(Continued)


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S0-19-74


S ~-lg74 b S;24-7


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': .: (2) Ior wells obtaining water froM' bnsolidated earth
materials, a continuous casing shall extend from.,and surface
to the top of the uppermost consolidated unit of earth
material. Provided, however, that the bottom end of the vell
S casing mst extend 'to or below, the water level of the aquifer
intended to supply water to the well. In addition, all caving
S ones below the uppermost coqaplidated unit shall be cased.
(3) Prevention of Interchange of Water and Loss of
Artesian Pressure.--In areas where, as a result of the construe-
tion of. a well, an interchange it water between water bearing
z ones may occur and may result In deteribr.atLon of the quaU4i y
.of water in one or more water bearing zones, or will result Ln
a lose of artesian pressures such interchange shall be prevented
S through the proper design and construction of the well. If a
. +.' well cannot be properly completed to'prevent such an unauthbrised
interchange of water between .water bearing zones of to prevent
a loss of artesian pressure, the well shall be abandoned and
S plugge4 in accordance with these rules and regulations or other
directions frao the District, as may be appropriate for the
geological conditions encountered.


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4 6-19-74 '


S' Ca-3.21 (Continued)
of less than four (4) inches the minimum grout thickness shall
be one (1) inch. The casing shall be centered in the bore hole
prior to grouting. In those cases where, during gronting
operations, circulation of the grout is lost so that the annular
space being grouted cannot be filled in one continuous operation,
a tremie pipe shall be installed in the annular space to a point
immediately above the zone of lost circulation and the annulus
shall be bridged at that point by sand or other approved material
introduced through the plpe. Grouting of the annular space shall
be completed using the pipe or other approved methods.
(d) The District may grant individual exceptions or,
with the concurrence of the Department, may exempt any areas of
the District from the requirements of cement grouting the annular
space between the well casing and bore hole wall of that part of
a well which penetrates an unconsolidated formation. Provided,
C -however, that the unconsolidated formation material must be of
such a caving nature that upon stopping the circulation of
drilling fluid through the well, the. aquifer material will
immediately cave into and fill up the annular space between the
well casing and bore hole wall. It is further provided that a
flow space shall not be created by such construction that will
allow any movement of waters along the outside of the well
easing which did not naturally occur prior to construction of
the well.
(e) Except as provided above, grouting and sealing
of water wells shall be accomplished by the practices and methods
recommended by Section Al-8,4 of AWWA A100-66 AWWA Standard for
SDeep Nells, American.Water Works Association, Inc.
(S) Well Covers.--
(a) Whenever there is an interruption in'work on the
well, such .as overnight shutdown, the well opening shall be
sealed with a substantial cover.
(b) Any well in which pumping equipment"is installed
seasonally or periodically shall, whenever pumping equipment is
not installed, be capped with steel or reinforced concrete
cover, or valve.

C (c) Any cased well equipped with permanently installed
pumping equipment shall have that pumping equipment and any
necessary piping installed through-a well seal.
(d) .Any unused well shall be capped in a watertight
manner with a steel or reinforced concrete cover or valve.
(e) Any well vent shall extend to at least'one (1)
foot above any known flood level, but nbt less than'two (2) feet


(Continued)


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16 C8-3.21 (Continued)
above land surface at the well.
S(6) Plowing Wells.--I the well flows at land surfae,
control shall be provided by valved pipe connections, ox
receiving reservoirs set at aa altitude corresponding to tkh
artesian head.
(7) Plugging.--All abandoned well, shall be pluged by
Stilling them from bottom to top with neat cemanm grout, uhless
otherwise provided in writing by the District." The plugging
shall be to restore or improve the hydrologic conditions which
existed before the well was constructed.



a 6-24-74


- 16 -3.24 IspEc.tio.
16 CU-S.24 Znsnections


(1) *During the construction, repair, or abandonment of
S .any well, the District May cause to be made such periodic
inspections as it deems necessary to insure conformity with
applicable standards. Duly authorized representatives of the
District may, at reasonable times, enter upon and shall be given
access to any premises for the purpose of such inspection.
(2) If during construction, repair, or abandonment, the
District finds the work is not being done in accordance with
rules, regulations, and standards adopted pursuant to Chapter
373, Florida Statutes, the District shall give the owner and
watpr well contractor written notice stating with which rules,
regulations, or standards the construction, repair, or aban-
donment is not in compliance and may order that necessary
corrective action be taken within a reasonable time to be
S prescribed in such order. Any such order froA the District
shall become final unless the person or persons named therei
request by written petition a hearing before the District, as
provided in Chapter 120, Florida Statutes, no later than four-
teen (14) days after the date such order is served. Failure to
act in accordance with the order of the District after receipt
S < of written notice shall be grounds for revocation of the permit.


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'' .~.~_ -3-f:-la~ --C~.' C ICI "1I~I ICl II. a 11 I~III)III1 IILI~I~IIIIIICI ~li~illll~WICWIIYIIIl~rr*1111111


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)A C*-4.0S Exemptions.--
(1) Nothing in Part 4 shall be strued to affect the
right of any natural person to captu, discharge, and
use water for the purposes permitted by law.
(2) Nothing in Part 4 shalle construed to affect the.
right of any person engaged in occupation of agriculture,
floriculture, or horticulture t' alter the topography of any .
tract of land for purposes cong stent with the practices of
such occupation; provided, hoy4 ver, that such alteration hall
not be for the sole or peimkOw* purpose of impounding or
obstructing a stream or other watetcourse or changing the
Water level in lakes or other impoundments, and also provided
that such alteration shall not result in substantially
(a) altering the peak rate or the total volume of
discharge of waters into works of the district;
(b) altering the rate of or total volume of water
withdrawn from works of the district)
(c) altering the direction of surface runoff into
works of the district;
(d) altering the water table or the level of the'
C potentiometric surface on lands adjacent thereto.
(3) Nothing in Part 4 shall be construed to be applicable
to construction, operation, or maintenance of any reservoir or
other artificial structure which is located entirely within
lands e.ned or controlled by the user aid which require water
eily for filling rplenishin, and maintaining the water level


tnereof, provided however, that Part 2 shall apply to the use of
water for such filling, replenishing and maintaining of the water
level.




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CODING: Words in struek-threogh type are deletions made on
above date; words underlined are additions.
I *


1 7-10-14


16 CB-4.0o
Permit--


fT- .


1)t t-- ates.-ew estse -efodlei-aiteMa-lla eLatm"#T *
vdthed M- pe ait -tra-t -r his- t6e astrue1M W ea- t ae-:,tveh-
slenary waeity-wsthe ae-diei a1enFy-ee*tity-6-
ter-tto-sqpplyT re-e-MwMt-em-eeter-0y- OmRpeadment-w lAhC
( h-gweater-thel-4O-e sT a
9 a41-A&-persee -pveepeSial-e-ie r mU'any-sIet-W4 wh*ih-a
.. pernmit-s-requaired-undee-smbMseebe-tlt-ebever-ehat-efie**a
pevided-fer- a-PSfrt-e
(1) 0 PrIT Whe appllcati*o i bs *la to d
dted by the Dpplt at or hi dly >thotsr q t *nfl li
shall includes sean-ta ft-elseringe
(a) The name and address of the applicant.
(b) The name and address of the owner or owners of
/ the land upon which the sonstreution or alterationn is to take
place, and a legal description of such land. 4
(c) Location of the work.
(d) Plans and specifications When-'oqukipe-by-thbe
B5isef-etT-each-ples-ead-spee6efetiBenaMeheii-be-prePated-by8
professtionafl-engneger-regtexed*t-hefitBte-e{-Pterr d ,a
(e) The name and address of the person who prepared
the plans and speoifications.
(f) The name and address of the person who will
construct the proposed work, when available.
S (2) 44* The Board may also require the aUpliornt tO
submit.


omW other information deemed necessary
(eoti"aued)
CODINGI Words ia tek-threh- ghw type are deletions made an
above date words underlined are additions.






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Rt 7-1-74


1i cs-4.06 (continued)

(3) 49s To obtain a permit utder Part IV the per t
activity, te-eenstee- nBter-a-dlversonaey-,-eel-tythe
intended-eae '
(a) Must be a reasonable, beneficial use;
(b) Must pe consistent with the public.interest
and
(c) Will not interfere with any legal use of water
existing at the time of the application.
(4)' 46* The Board may deny wvthheod issuance of a permit
S ifi it determines that the permitted activity diversionary

S(a) Will cause the flow of a stream or other water-
course to be lowered below the minimum flow established by the
Board.
(b) Will cause the level of the potentiometric
Surface to be lowered below the minimum level established by
the Board.
(c) Will cause the level of any lake or other impound-.
ment or of any stream or other watercourse the-surgfee-of-wates
to be lowered below the minimum level established by the Board.
(4) Will cause the level of the water table to be
lowered below the minimum level established by the Board.
(e) id* Will be conducive to salt water encroach-'
ment.
(f) *e4 Will cause the water table to be altered i
towered so that the-take-stages-er vegetation will be adversely affected
on lands other than those owned, leased or otherwise legally
controlled*by the applicant. or-cease-mevement-oe-water-frem
the-water-tabie-en-&ands-ethey-than-these-ownedT-*eased-or
etherwise-iegatiy-eentre~ied-by-the-appatkent-at-a-rate-exceedkag
the-wateer-crop
(Continued)

CODING: Words in struck-thraogh type are deletions made on
above date; words underlined are additions.
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10 CB-4.0 (continued) n-1

15) if Ordinarily, and -L the
BafAd-w-kth-p)emeM-tChtT-tn-gdegre-bto- ain-the-mSs*-ba.M teat
u se-el-the-water-reures-ee-the -e ke-and-te-pBseerwevthe
&nterests-eE-the-puatie-end-ei-a.leegteJ-water-ueT issuaane
of a permit will sheuad be denied wthheld if the peraitte4
activity: d-+ s w enary-9 az i
(a) Mill cause the level of the potentiometrio sr-
face under lahds not owned, leased or otherwise controlled-by
, the applicant to be lowered three feet or more.
(b) Will cause the level of the water table under
lands not owned, leased or otherwise controlled by the appi-
cant to be lowered three feet or more.
(o) "Will cause the level of water in any lake oz
other impoundment to be lowered one foot-or m6re unless the
lake or impoundment is wholly owned, leased or otherwise
controlled by the applicant.
(d) Will cause the potentiometric surface of a
production well to be lowered to sea level or blow.
(e) Will cause adverse effects on eeae-inuhdetion
drainage-ef lands not owned, leased or otherwise controlled by
the applicant by drainage or inundation.
(1) Will cause an increase or decrease in the flow
of a stream or other watercourse by or more.
g)t--Wti-restr)et-the-frevw-e-a-Btwee-or-ethew
vateseouree-within-the-fleedpiain-ef-e-45-year-fieedw
4h)--Wtl- tend-ke-induee-ees en-due-to-an-increrse
in-veieaity-oe-by-a-ehange- n-di eetioan-e-t oewr
(g) 4f Will cause an increase in the peak rate O9
total volume of storm runoff by t or more..
tji--Witi-piase-fitf -materket-er-strueturesa-wthM
he-msan-annual-ietedpta&n-e-a-Ieke-er-etbhe-ifmpe deatd e-

CODIENG -ords in estmk-thbr;ug type are deletions made ea
above data words underlined are additions.


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16 CS-4.072 &4-eB-4vr9 Notice and Hearing Requirement.--
(1) Within forty-five (45) days after receipt of S
completed an application for a permit under the provisions of
Rule 16 CB-4.06 where the impounded. area or the area from which
waters will be diverted er-diverted-waters will exceed eighty
(80) acres in the area, the Board shall cause a Notice of
Aoplication netiee-thereef to be published at least once a
week for two consecutive weeks in a newspaper having general
circ-aacion within the affected area. sn-aecordanee-with-the
prevsio.ms-ef-Part-6T--Ne-tna&-aceton-shath-be-taken-by-the
Beard-en-the-appieati on-withent-hedlng-a-heaeing-in-aeeer-
daant-with-the-proistens-e-Part- v
(2) The Board shall cause copies of such Notice of
Application to be mailed to persons who have filed written
requests within the imnediately preceding six months for
notzication of any pending applications affecting the par-
ticular designated area. Such notice shall be pent by regular
a, alcsed not latr than he first ate of publication.
E-ne-asptaentisa-eabectaen-ss-reeevedT-the-Beard-may-appueve
wvtit*et-B-heerarlg-any-appeieaten-fer-e-permit-undev-the
S previsiens-ef-Ruae-16-eB-4Te6-wbere-the-impeonded-er-diverted
watevs-wili-net-exeeed-six-hundred-ferty-*646 -aeees-n-areear
e. erwise-the-Beard-shale-previde-for-a-hearing-in-aeerdanee
with-the-provistene-of-Part-Bv

"New 7-C8-
New 7-18-1


16 CB-4.073 Times for Receiving Objections and for Hearing.--
.he deadline for receiving objections to the application shall
Sa day not sooner than fourteen (14)days after the date of
S *rst pbication of the Notice of Aplicat on required in
1 CI-4.07. The date of hearing shall be a day not sooner
than seven (7) days thereafter.


-w- iG: Words in strek-through type are deletions made on
above date; words underlined are additions.


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16 CA-4.074 Perma nt o fna.-*H t aat o


Board after .er at t e its a a0
without a hearlna.

k' 7-18-74

16 CB-4.08 Completion Report.--ithin thirty (30) 4b' after
the completion of oonstruoton or alteration of amY
diverske awy-a"e*Aty fdr whiV a pe wit was granted
Board, the permittee shall fLl with the B3striek tte
statement of completion of the appropriate torm provide by
the Board.

6 7.19-C74

16 c-4.09 Znsmeotionas.-


*-


(1) During the aontruction or alteratgLon *e-arfy-PmW4 t*
diversionary-feaietiy, the Board may cause to be made at its
expense such periodic inspections as it deems necessary to
insure conformity with the approved plans and speoifications
included in the permit.
S() If duroig construction or alteration the Board finds
that the work is not in accordance with the approved plans sad
specifications as directed in the permit, it shall give the
permitted written notice how the construction is not in com-
pliance and shall order immediate compliance with such pldas and
specifications. Failure to act in accordance with the orders
of the Board after receipt of written notice shall result in
the initiation of revocation proceedings in accordance with the
provisions of Rule 16 CB-4.13 ..
(3) Upon completion of the work the Executive DireatPr
shall have inspections made annually or more frequently as
deemed necessary of the diversiei ry facility. No person shall
.refuse immediate entry or access to any authorized representative
of the Board who requests entry for purposes of such inspection
S and who presents appropriate credentials.


S( COtNs words in e.teph-theImh type are deletions mde on
* above date, words underlined are additions.
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CB-4.14 Abatent.--Any dan. impoundment. appurtenant work.
.. rea diwvreienary-saeii&y which J sboUedi the Laws of this
S ate or which violates the standards, regulation, or orders
of the Board, or the conditions of thq permit shall be Beolared
i a public nuisance. The operation of such divereiseay facility
S may be enjoined by suit by the Board, or by a private citizen.
The 8oatd shall be a necessary party to any such suit. Nothing
S herein shall be constructed to conflict with the provisions of
Rule 16 CB-4.12.

R 7-19-74


c-4.15 aRemedial Measuress"
S() Upon completion of any inspection provided for by
RIl:e16 CB-4.094)), the Executive Director shall determine what
alterations or repairs.shall be ade within a tine certain, whichh
#hall be a reasonable time. Tho owner of such dlveMCa enauy
facility shall be served with the order' to make such alterations
or repairs. The holder of any lesser interest in such d&ver-
sieonay facility shall be notified by registered or certified
mail of the order to make such alterations or repairs. The
owner of such dAveeilearey facility may file a written petition
in ten (10) days after such order is served for a hearing
C re the Board. in-eseeodanee-with-Part-Oer If, after such
order becomes final, the owner of such dAveseienary facility
shall fail to make the specified alterations or repairs, the
Board may in its discretion cause such alterations or repairs
to be made.

(2) Any cobt to the District of alterations or repairs
made by it under the provisions of subsection (1) of this
section shall be a lien against the property of the landowner
on whose land the alterations or repairs are made until the Board
i-'iabursed,with reasonable interest and attorney's fees, for


CODING: Words in struck-through type are deletions made on
above date; words underlined are additions.


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14 0C-4.16 Hroomre AuthogriMttq m for eonstriastba *IuWbts.-

(1) Pemissaion to begin construtioRn. alteratila.a or rpIvlal
of a dam. Aloundment, eanurtensnt wor or wprls piqrw to th
bsuance of a permit may be applied for, writing, vn twe ig
urgency condition asliast wahh lnsti u AfIm we4*-$pb y suc
permission. lomwver, no ouah pertision shall We grpted
muless an anligatin U e WIenMIeia- -be-.wew. is' already
under consideration for a permit under Rule 16 CB-4.06(L).

(2)* The Bxecutive Director may grant emergeacy authori-
mation at his disoretlom. However, a serious set of unfore-
seeable and unforeseen airumqtanoe must exist to eeste an
emergency Mere carelessness or liak.of planning on the part
' of the applicant shall not be suafiaient grounds to warrant the
granting of emergency authorization.


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above dates vords underlined are additions.


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