Title: Changes Made 8/14/1974 including drafts and handwritten notes
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
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Permanent Link: http://ufdc.ufl.edu/WL00002763/00001
 Material Information
Title: Changes Made 8/14/1974 including drafts and handwritten notes
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Changes Made 8/14/1974 including drafts and handwritten notes
General Note: Box 11, Folder 1 ( Buddy Blain's Copy of Rules and Regulations (Vol II) - 1974 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002763
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


.- 1









Mr. Garald Parker offers the following amendment:


j' '9- -. CB-0.02, in the definition of "Impoundment" after the


S -ye~s poundment' means any" inserted fo~lwii~:


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Mr. Garald Parker offers the following amendment:
In 16 CB-0.12(1), strike the period after "ownership" and
insert in its place a comma.
In 16 CB-0.12(2), strike the period after "ownership" and
insert in its place a comma.










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Mr. Garald Parker offers the following amendment:

In 16 CB-O.14, insert a comma after the words "has been denied"


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Mr. Garald Parker offers the following amendment:


In 16 CB-1.01(2), strike:

and insert the following:
^te^Y


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Mr. Garald Parker offers the following amendment:
In 16 CB-1.051(2) (b) after the words "bank of shoreline,"
insert the following:
or constitute a hindrance to the flow of any
stream.which is a work of the District








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I .. ... .1.11 1 11- 1I___________________


In 16 CB-2.06(1) (d), strike:
shekel
and insert the following:
shall


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S Mr. Garald Parker offers the following amendment:

In 16 CB-2.06(1) (e) strike:

eDep

and insert the following:

crops




- ---- ___ __ __ -I. .*


Mr, Garald Parker offers the following amendment:

In 16 CB-2.11(3), strike:




and insert the following:

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and insert the following:

watertight


076










Mr. Garald Parker offers the following amendment:
In 16 CB-4.05(2), strike:
peydemieaRkt-
and insert the following:
predominant










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SMr. Garald Parker offers the following amendment:
In 16 CB-4.14, strike:

v eOatee
and insert the following:
violates







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ro


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( ) "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 banks or sides, or to the point where the lines
of ordinary high water marks converge, whichever extends the farthest
up-gradient.





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(P 16 CB-0.11

(3) Lo tion ans should locate the points of

installation, on ruction, (water diversion from or water

/ sposal into d trict waters) (withdrawal) and use by

ferencing t se tion lines, roads, or other obvious and

permanent landmark.


16 CB-0.12

(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 Board may withhold its approval of the permit assign-

ment if it has been demonstrated to the Board that the

assignee has failed to properly manage another such facility

within the District.)

(3) If only a part f such lands (upon which the

prmitted facility i cated) is so conveyed, or if the

ownership, lease, or er control is divided, such permit

shall immediately ter inae unless the terms of the permit

are modified by the oard.


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e *...-'-~ ~ -. ;.- .


16 CB-0.15 ( ntinued)

(E^ leakance coeff cient o/the confining bed. The water crop

in the absence f dat to the contrary, is 0.0229568 gallons

pr day per squa e oot.

(Such regul ory level shall be considered the annual

average. Vari ce of five (5) feet shall be permitted



level is no below te regulatory.level
during portion of he ear so long as the annual average


16 CB-0.30( \

(6) Any request to (appear place an item) on'an

agenda at a meeting of the Board or of a basin board

shall be submitted not less than ten days prior to the

meeting.

( (7) Special meetings shall require a minimum public

notice and notice to Board members of four (4) hours.)


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16 CB-1.09 (Continued)

(3) Upon com etion of su construction or alteration

the Executive Direct shall h ve inspections as aannually-er

more frequently as dee ed nec ssary. No person shall refuse

immediate entry or access "(d ring normal working hours) -to any .___.

authorized representative the Board who requests entry

for purposes of such insp ct n and who presents appropriate

credentials.


16 CB-1.11

(1) The Board may rev ke or odify a permit at any time

if it determines that the per i ted work or works has become

a danger to the public heal o safety or if its operation

CI has become inconsistent th the water resource management)

objectives of the Dist ict or is i violation of any regulation

or order of the Dis ict, or the con tions 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 noti-

fication shall contain a statement of the reasons why the permit

may be revoked or modified, anda reference to any applicable

District objective, regulation, order, or permit condition. An

/ affected (party persons) may file a written petition no later

than ten (10) days after notice of proposed revocation or modi-

fication is served for a hearing in accordance with Part 0. No

permit shall be revoked or modified before an affected (party

persons) is afforded an opportunity for a hearing before the Board.









16 CB-1.13

(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. (Thehe-der-ef-any-lessee-i~teeesf-in-saeh-weEk

SeP-werke-saha-be-netifed-by-regestered-e-eetified-ma3

e-he-ee-e-mkee e -s/eh-alterai&ens-er-reparaS) The --er

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 Dis ict of alterations or repairs

made by it under the vision of subsection (1) of this

section shall be a lien ga st the property of the landowner

on whose land the alteratns or repairs are made (or may be

resolved by civil sui in ca es of lesed governmental lands)

until the Board i reimbursed, with reasonable interest and attorney's

f fees, for its costs.


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(1 16 CB-1.14

(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. ..(Hewever--ne

[ neh-perm~issien-shal-be-.ranBed-uanee-the-esenetweeen-e--bhe

l1'- e-P-abready-ander-een ideratien-ier-a-permi-ander -Rge



(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. (Mere

eareeeensess-e?-3aek-ef-phanning -en-the-part-e5-6he-app3ieen

1 ehakaL- eL-be-9asflierent-gpreHds-1e-waearant-She-granfirtg ief -emer-

geney-autherizatienR)


16 CB-1.15

( (4) Any resu indamages caused by such order or orders

to the permitted's pr prty shall be corrected and restored to

ipor condition at e exense of the Board. )


....-:.-I-.;-,-- ,-;-- ----




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16 CB-2.03 (Continued)



( 44 --GemmeH eig-3ty--3r- : -wthn-he- ysta-Hemesassa

RIve-aml-PkthIaeh eteeq aver-Basin -a-permFr -shaBl-be-requied

geg-6he-withdrawat-e afeeg-inR-tRe-&ame-maRneg-aa-gegaiged-feg

these-basina-set-efe h-anrpee-ea 6-6B-3 3)7 )

( 5--Gea neinag-anuary 7-i97-within-the-Wlithiaeeeehee

River-aind-,6eeR-Swamp-Basine-a- rmit-shall-be-required-fer

the-wht /Erawa3-e -watser-An-the-same aaner-as-required-fer

the -basaa-se6- fegeh-in--eeteiR-6-6 S04G )
16 CB-2.05
( 42)--Paie-re-te-display-a-permit-tag-as-presegfbed-herein

sha l-een 8~bts e-a-viekafee-ef-bhese-gaes-an-shak-be

greaRds-er-sespeRnsieR-er-reveeaeheR-et-the-pegmiT







replacement ta.

-9,-- ......... Failure ofthe permittee t oCm eh"--'
s'vi display such tag within ten (10) days, .he Board 0-1

cause the rep acementf w ab eand charge the permitted

sharhundrea 4l ta -dollars for such service. )







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S 16 CB-2.13

(5) Board may authorize a permit of duration of up to fifty (50)

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 (and or) waste disposal facilities.


16 CB-2.23

16 CB-2.23 Cha ge, Suspension, or Restriction of Permits Durin

Water Shortage.-- he Board shall n tify each permitted in the

District by regular mail of any ange in the condition of his

permit or any suspen on of hi permit or of any other restriction

on his use of water fo the d ration of the water shortage. The

address used for such ma li g shall be the latest address supplied

in writing by permitted t the Board, otherwise the address stated

on the permit applicati n sh 11 be used. (For the purpose of a

water shortage declare tion, t Board shall establish a permit

classification prio ity ranking Cystem to establish a basis for

restricting consum tive uses of water. )


- .?;~r,.. -- -~ -









16 CB-4.06

(2) 43) Failure to display a pert tag as prescribed

herein shall con itute a violation of these rules (&nd

shall-be-gfeands-fe easpernsi-er- eveeaien-ef- the-permit

v--Mper-net.ee-and-hea~ The permitted shall be allowed

ten (10) days after tice the Board to obtain a replace-

ment ta. The B rd shall cha e ten (10) dollars for such

replacement tq. Failure of the prmittee to purchase and

display vSch tag within ten (10) days,the Board shall cause

the dPlacement tag placed and charge the -ermittee two

ZO0) dollars for such service. )


S16 CB-4.074

V16 CB-4.074 Permits Without Hearing.--If the impounded area

or the area from which the water will be diverted will not

exceed (m' )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.


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Souztlhwest Florida
Water lWanagemeent District


P. O. BOX 457


DERRILL McATEER, Chirman, Brookville
S. C. BEXLEY, JR. Vice Chairman. Land O Lak
JOHN A. ANDERSON, Trenurer, St. Petersburg


BROOKSVILLE, FLORIDA 38512


HERMAN SEVILLE, Bushnell
J. R. ORAW, Ocala
JOE B. HILL. Leesburg


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


July 30, 1974





TO WHOM IT MAY CONCERN

Re: Rules and Regulations on Water
SConsumption, Storage and Management


Attached is a copy of Draft No. 2 of the Rules and Regulations
on Water Consumption, Storage and Management. The Board of
Governors of the Southwest Florida Water Management District
and the Southwest Florida Water Management District (Regulatory),
sitting concurrently, will continue public hearings on these
rules at the following times and places:

1. August 14, 1974, 10:15 a.m., District Headquarters
building, Br6oksville, Florida, seven (7) miles
south on US 41.

2. August 21, 1974, 1:00 p.m., Commissioners Board
Meeting Room, Pinellas County Courthouse, Clearwater,
Florida.

We feel that Draft No. 2 is a product of the comments received
from the past hearings, and seek any further comments. The
hearings are to allow you to submit both verbal and written
comments to the Board for its consideration.


Very truly yours,


TONALD R. FEASTER
Executive Director


DRF:ld


So t Id e6-.o,3


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: '


Enclosure






r4


974 Draft No. 2


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 (Regulatory)


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 Storageof
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 indicates changes made to the draft
previously distributed and discussed at hearings on July 10, 11,
and 12, 1974. A system of coding for all changes made since that
first draft is.used. Words in steuek-threugh type are deletions
from the first draft as made on the date indicated in the upper
right hand corner. Words underlined are additions. Both drafts
will be discussed at hearings on August 14 and 21, 1974. The
proposed amendment to 16 CC-1.03(5)(c)(ii) was discussed but was
not previously distributed. Coding,in the proposed amendment
indicates the proposed changes from the existing rule.


Part 0
General


16 CB-0.001
0.01
0.02
0.03
0.10
0.11
0.111
0.12
0.13
0.14
0.15
0.20
0.30


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


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R 7-26-74


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


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Hew 7-29-74


S16 CB-O.O01 Description of Oraanization.--

S (1) The Southwest Florida Water Management District was
created by Chapter 61-691, Laws of Florida, as a public cor-
poration for carrying out and effectuating the provisions of
Chapter 378, Florida Statutes. Other than as provided in
Chapter 61-691 the District operates under and is governed by
the provisions of Chapter 373, Florida Statutes.
S (2) The District boundaries presently encompass all or
parts of fifteen counties as listed below:


Charlotte
Citrus
DeSoto
Gilchrist
Hardee
Hernando
Hillsborough
Sumter


Lake
Levy
Marion
Orange
Pasco
Pinellas
Polk


f3) Works of the District are to be constructed, owned,
and maintained and operated by the Governing Board of the
District.
(a) In addition, the District has negotiated con-
tracts with the Oklawaha Basin Recreation and Water Conservation
and Control Authority in Lake County and with the Lake Apopka
Recreation and Water Conservation and Control Authority. of
Orange County and pursuant -thereto has assumed responsibility
for the operation and maintenance of their water control works.
"(b) The 'Dstrict has assumed responsibility for
planning, constructing, and operating necessary iuabr management
works in the Peace River Basin wherein the Peace River Valley
Water Conservation and Drainage District had authority prior to
its abolishment.
(c) The District has assumed responsibility as'local
sponsoring agent to cooperate with the United States-in the
manner provided by Congress for the construction, operation,
and maintenance of the Four River Basins, Florida project.
(4) All of the area of the District has been subdivided
by the Governing Beard into watershed basins as described In
. 16 CB-.03. Sy resolution the Governing Board may change the
boundaries of watershed basins except the Green Swamp watershed
basin to correct inequities or to create new watershed. basins -
or sub-watershed basins.
5) The Governing Board of the District controls the Green
Swamp watershed basin. All other watershed basins are under
the control of basin water management boards composed of one
representative from each of the included counties in thp basin
who are appointed by the Governor. Watershed basins, including
all or part of two counties only, or wholly contained in one
county, shall have boards of three members.


(6) The member of the Governing Board representing the
basin or..rpresentinq the area including the basin shall serve
as ex offipio chairman of the basin water management board. The
?; ex officio chairman shall preside at all meetings Qf the basin
Sweater management board. except that the V.ice chairman may preside
in his absence. The ex officio chairman shall have no official
vote except in.case of a tie vote being cast by the members, but
shall be the liaison officer of the District in all affairs in the
basin and shall be kept informed of all such affairs. Each basin
board shall choose the vice chairman and secretary to serve for
a period of one (1) year,


- d "


R 7-17-74


.1


0-3


c;


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16 CB-0.01 Purpose.--The purpose of these rules and regulations
is. to implement the declared water policy of the Southwest'
Florida Water Management District and the State of Florida by
effecting the maximum beneficial utilization, development, and
conservation of the water resources of the District in the best
interest of ai& its people and to prevent the depletion,
deterioration, waste, and unreasonable use of the resources.
Pursuant to this purpose, rules and regulations are hereby
* established to control and regulate all the waters within the
geographical boundaries of the District to carry out the intents
and purposes of the Florida Water Resources Act of 1972, as
amended.




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






4-Y P O--


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_ ____ _1__~ _____ _~ _________I 11 II____1 ~C~


i

i...


16 CB-0.001 (Continued)





R 7-3-74



16 CB-0.02 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
these Rules. To facilitate easier reference certain terms
defined by applicable statute have been included herein With
appropriate citation. -Teras which apply to only one part of
these Rules are defined-in tte 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.


*' *'' 8


( 1) "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. .'


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V


( ) board means the governing board.


R 7-17-74



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










( ) "District" means the Sothwest Florida Water
Management District.



Deleted 7-17-74


. .)


Dte~rcs*Onawy-fS*ktt-Azt-Gevkr- e5-v2cf~t-5V1-feW
&n-the-bee~t~eC-*ne~udin9-wevhsy-dms-adapleat03s


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


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( ( t "Domestic use" means any use of water for individual
personal needs or for household purposes such as drinking,
S bathing, heating, cooking, or sanitation. 5373.019(7), F ,S.
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2M


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


* .- -~---~ ~ --


R 7-17-74


A

( ) "Governing board" means the governing board of
a-water-mcanagement-dietwietv--S3e3T9494 ~ 7-P8TT Southwest
Florida Water Manageaent District.


R 7-17-74


)~"


;0.


S"( ) "Minimum flow" means the limit at which further
withdrawals from a stream or other watercourse watew-eease
would be significantly harmful to the water resources or
ecology of the area. glaoTe424~7-P--ST



R 7-17-74




( ) "Minimum level" means the level of the water table
or of the potentiometric surface of groundwater 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. $373.042(2), P. 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. 5373.019(13), F.S.



New 7-29-74


R 7-17-74




( .) "Impoundment" means any4lake, reservoir, peed, or
other containment of surefae water occupying a bed or depression,
in the earth's surface and having a discernible shoreline.
SS-B;oyT0p-as+)-and-gar4O3.-4avr-Sr pw


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


-3 r o-I r o-tf r o/l.


C


C


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


CODING: Words in ebene-bhrektuh type are deletions made on
S above date; words underlined are additions.


4-) 6-17 0-9I t 0-1o






C


-- --


r.:
~.
.i


t'
r


r


3!
: (f

i





iIF1


( ) "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 He exclusive or c: ;
exhaustive. 5373.019(6), F.8.






e ( ) "Reasonable-beneficial use" means the use of
water in such quantity as is necessary for 'economic and
Sufficient utilization for a purpose and in a manner which is,
S both. reasonable and consistent with the public interest.
$373.019(5). FP.S.






( ) reservoir means any artificial or natural holding
area which contains o will contain the water i unded by a..
dam. $373.403(4), 7.s.



R 7-17-74


( ) "Stream" means any river, creek, slough,
watercourse. i-whieh-water-as.act y- fows-in-a-defi
channeit--Et---ts-net-esse tiai-that-the- eiwing-be-un
n intterrup ted- +he-feet-that-seme-pert-f-the-bed-e
shatii-have-beeu-duedged-era-ipr*ed-does-net.p evea
wateeeeeu e- e&.e-behe& -a-s t eah.e--89na-e4R a ..3i.R .


CODINGs Words in struck-through type are deletions
above date wordss underlined are additions.
j'


.I
I
"'-


j







I


or natural
ned-bed-or _
fo r :
-the






S-a v- 0-3 a .


R, 7-17-74




) Watet" or "waters in `the state 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 state
SDistrict. 3Bvt949-(9Fr-PT-SW

Deleted 7-17-74


L~eee~uwe~-~maagueahenatver-watewmangeentdi tri ct-epera tin;
endowa-thes-a he by~t-o4-thi-chaster--g9r&4~yps


R 7-17-74


(. ),,"Water RequlatorV District" meansthe Southwest
W M t District (Resulatory d -


Ocoer i6; f68. pursant u a rt oM-71 a
Florida Statutes.


Deleted 7-17-74


t-- --woerk-ef-the-Bitatkiet -mena-any-iipetndminetTee
water-eaveerseentee -sdetrteastey oa-divers.aenay.aaectt7fy ,
Board-el-theB 9 MLse-B-a-werlt-ef-the-Bistriet-and-tnetadSng
ati-ap. ndmenfsy-er-weBrfesrye ee-fe-rwhich'the*Boa.B-has
estabi&ehed-beveter




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


*1----------


i ^A ;: *


,



:


QP~ rb-~C ~:d-j~ *-0~11





R 6-27-74


16 CB-0.03 Wqtershed Basins.--Pursuant to section 5 of Chapter
61-691, Laws of Florida, the area of the District is divided into
watershed basins to include each major stream and its tributary
streams and all lands draining therein except the area known as
the Green Swamp watershed basin.
(1) The area of the Green Swamp Basin is located in parts
of Lake, Suntqr, Pasco, and Polk Counties.


Jke-


jf Section


/ west, south, and vettalong Lake-Polk
.o point of beginning.


C-


C


R 7-17-74


16 CB-0.10 Permit Application Forms.--
(1) The various application for permit forms can be
obtained from the Southwest Florida Water Management District.
(2) Bach application form will be given an identifying
number when received, and upon approval and signature by the
authorized officer of the District, wil. constitute the
official permit.
(3) Any application which has not been completed and fees r
or deposit ave not been pa within sip 6) months i subec
to Cn llatI, provided notice of proposed cancellation Is
maio f aappslcannot less than tan (10) days rior to h
cancellation.























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


0-30


C


_I_ I 1_1_ II_~


'







R 6-13-74


16 CB-0 l Preparation of Drawings and-Sketches.-
(1) All drawings and sketches submitted vi applications
shall be on letter size (8 1/2" x 11") paper, of a size that
can be folded to 8 1/2" x 11", such as 11" x or 17" x 22".
Thtre* ~ipies of the drawing must be provided If 8 1/2" x 11"
size, bne muat be of black line type capObl o being photo-
copied.i If larger than 8 1/2" x 11" drawi b are used, one
must be the original drawing or a reprodu ble.

(2) Drawings shall be to scale or properly pnd adequately
dimensioned. A drawing or sketch sha -be ideAt'fied a%-to
location or should include a location pin, C. sections
and elevations shall be included whe applicabe
(3) Location plans should lo e the poF4ts o instal-
lation, construction, withdraw l 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 the case of water or gas lines,
low member elevation must also be indicated .on the drawing.
















.... ... ....


I:,.- ..


(1) The -ee for an application for a
permit, for use of a work of the District


pursuant to Part I shall be .


25 nn0


(2) The fee for an application for a
permit for consumptive use of water pursuant


.to Part 2 shall be%


(a) When water it 9o be
withdrawn from a lake or -other impound-


ment and


Pior an r a
existing nw use
i use


1. The amount is not greater
than 5.000.000 gallons during "
a single.:day

is not. greater than 500.000
gallons average per day on
an annual basis .. $30.00 S50.00
plus $1.00 for each
ownership listed on
the Affidavit of
Ownership

2. The amount exceeds
5.000,000 gallons during any
single day but is not greater
than 10.000.000 gallons
or
exceeds 500,000 gallons
average per day on an annual
basis but is not greater than
1.000.000 gallons average. $45.00 $75.00


(Continued)
CODING:. Words in etoewk--thegh type are deletions made on
above date words underlined are additions.


--' .. -. ..
i.


- --- ~--- 9


I 2T 00


. . . .


-.1 ~;.~.~ .rin-r~ L (.;,u~ ..i~Lrx~nci~*r*r ~..rsr;r.'.. ., .;i


New 7-27-74




16 Cg-.111 Fee Schedule.-Permit processing fees are required
and.shall be paid to the Dietrict when certain applications are
filed pursuant to these rules. Such fegs are for the propose of
helping defray the costs of processing, notices, advertising, and
mailing required in connection with consideration of such appli-
cations. Pees listed below ape.cumuoative. If an application is
for a combination of permits under one or more parts, the total
fee paid to the District shall be the aggregate sum of fees indi-
cated for each of the applicable sections listed below.


o-)1


Q


sc~






Sew 7-27-74


16
1_ ..


CB-0. ll (Continued)


For a
new
use


16 CB-0.111 (Continued)


PluS $1.00 for each
ownership listed on
the Affidavit of
omwnership

3S The amount exceeds
10,000,000 gallon during any
single day
or
exceeds 1 000 000 aallon ,


average per day on an annual"
basis ....... $75.00


S125.00


plus $1.00 for each
ownership listed on
the Affidavit of
Qwn(rshi .

(b) When water is to be with-


stream or other watercourse and


s 5 0 g


than 5,900,000 gallons during
a single day

is not greater than 500.000


carl Innm mnrl~n .. Ann a.


an annual basis .. $30.00 $50.00
plus $1,00 for each
ownership listed on
the Affidavit of


2. The amount exceeds
5.000.000 gallons during any
sipaLe day but iA not greater
than 10.000.000 gallons
or
exceeds 500,000 gallons
average per day on an annual
basis but is not greater than
1.000,000 gallons average $45.00 $75.00
(Continued)
COPDZNG Words in u we~ -thbeh type.are deletions made on
above dates words underlined are additions.


For an
exTiting
UseS


hrn. -


S75T00


S125-00


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


drawn from a


(C) When water is to be with-


well or combination of veth


1. The amount is not greater
than 5,00O0000 gallons during
a single day

is not greater than 500.000
gallons average per day on an
annual basis ... $30.00 $50.00
plus $1.00 for each
ownership listed on
the Affidavit of
Ownership

2. The amount exceeds
5.000.000 gallons during a
single day but is not greater
than 10.000.000 gallons

exceeds 500.000 gallons average
per day on an annual basis but
is not greater than 1.000,000
gallons average .. $45.00 $75.00
(Continued)
CODING Words in elusek-~htegh type are deletions made on
above dates words underlined are additions.


0,


C


New 7-27-74


For an
existing
use


For a

use


drawn from a


--~----- ----I --- -- ---------- --


, e amount s nqq q r


_1~-~.11 1___. __ -1-11-__~__ _1 I __ ~~ II_~~~ I


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

3. The amount exceeds
10,000,000 gallons during any
single day
or
-----' *
exceeds 1.000,000 gallons
avrae per day on ar annual


C




New 7-27-74
j New 7-27-74 ,
'Po constlriu- "1- -a4


Lo wr an L-*
existing nov
.; .o n nwsse

plus $1.00 for each
16 0~-0.111 (Continued) ownerhi liLfted o
c the Aftfidhivit 6
Ownership
3. The amount exceeds
14 o00,000 gallons during
Single day


16 CB-0.111 (Continued)


K)


l,,i ot greater than
10 square miles ..


alter, abandon,
or remove


*3 nnn


2. which exceeds 10 square
a ile but is not greater


t80 square miles 845.00.. NA

,. WVhich exceeds 80 square
miles . .... 75.00 A


o" op e>
or maintain:

0


9-sas


$125.00


plus S1.00 for each
aviership listed on
Me Affidavit of
r- ti ship --r--


-'- a-i ll be required for an application for a
permit' ion of a well pursuant to Part 3 or to


Chapter &l#S -i o &ida Administrative Code.

(4) The fee for a a lst- ftr a $trogt-tbr activi4te
relating to mamnaemen-mat ,-teW t tM f 1eftr V.- 92Mo to


.l1 bea

So r a intai

(a) When the area ionounded oh


or diverted fr


1.t- Es net qrelter than


0 acre . .. $25.00 A/h

',.''Exceeds 80 acres but
' i-not greater than 640
acres .. ....... $50.00 $30.00

3. Exozaedh40 acme 75.00 445.00


(b) When the it -ot a t -eam
or other watercourse is re -r=ut4
drains a waters_ "_' .__ -

S(Continued)

~. date worrda underlie are additions.

-.Tanhli.'. *:&- 2-.-_i* *_ ;. ~ ''-, ,


: ,
(a) When therg;gy := '
water has a late or other iOnpundaantiC'


JflLWO N


. "NA" nd LastS e aabiabbleA1


A 7-7-74


*' )- ,-'


(.)


16o o-V.AU rmuirats Lnt gent. pniU Lnd oUwners fLp or uJntroJ.-L
(1) All perq ,t AsaiA pursupnqto tkae rules are contin--
gent upon continued ownership l east, onx eanw control of
Property rights in underlyinF, opciyiig, or adjacent lands,
and are covenants rupjing. wv 4l t MD lands.

(2) A permit may -bt- M tel d to-a subsequent owner
S subject toall t*ms and oodtiad n b-ant~l d.in such permit
aa. lafttficttla*in writing to the Board of such assignment,
r prCwde*_ O jMp, lease, or other control of all such lands
S i. con #b SII assigned and further provided that the
assign ing such assignment, does assume respo nsi
ability fOttCbtytng with all such terms and conditions.

(3) If only a part jif ub lIlaWB t-ie- conveyed, orif ,
the ownership. leanse- o other conteo 1i divided, such permit
shall immediately ta taI~U Ud WnIMas tU:bstaw. the permit are
m modified by the Board. '


'0.




C-.)


WBlSqa r i Metie


4-34 'b-o-i


0


avUera ge-r-day & a
annual basis . .-


*7-.00


S-


-


-~~ --


i


, I


**I .


I .


PJrf ___~_ ___ ____~_~~_


... .i .1.


Part 4 Oba




.^ U -yuk- ,d s-JV:. .;.. J..-.... .

R 7-17-74


C. "

16 CB-0.13 aand.--
(1) The Board may require the applicant for a permit .
to furnish a bond mde payabh3 to. the District and its
successorw-^ith a'reputable bonding corporation authorized
to do business in this state as surety, conditioned upon
full compliepoe with term 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 SYee69
in suqh ether amount as the Board shall determine to be
aIequate.
S(2) In the alternative to subsection (1) the Board
'' yrb t t^%y ^rin jlk 6t A Board
shall determine endosea in favor ote Ditr Or a hold
h maler s agreement satsactory the.oard
(3) M The Board may require thdt such bond r liability
insurance be maintained as a oodition of the contibaed atllty
S rE-u pait, ,

, .
6-17-74




i C 6 c .14 e for Permits.--When an application
oi a pe n4t s sn idab new application for such
it/ shall not be resubmitted within inx months of such
v denial unless the applicant can soW substantial change in
conditions or unless the Berait apple4 for is substantiallyy
modified. -'


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


3a f 16 -3o,


.:I .. _i.
!-
i





'I

ii
1-

i


R 7-19-74


C;


16 CB-0.15 Minimum Flows and Levels.--
(1) In-establishing minimum flows and levels the Board
shall use the best information and method available and will
consider the protection of existing, as well as future con-
sumptive uses of water so as to promote the conservation,
development and proper utilization of water while preventing.
damage from floods, soil erosion and excessive drainage. a
deemed apropria~e, a schedule of minimum flows and levels y
be established to reflect seasonal or cyclic variationa. The
board will also consider, and at its discretion may provide fo,
the protection of nonconsumptive 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,
January through December, and shall be ninety percent 190%)
of the average of the five lowest monthly mean discharges for
Eie particular month occurring during the twenty years imme-
diately preceding the time of establishing such minimum flow.
The determination shall be based on available data, oe in the
absence of such data, it shall be established by reasonable
calculations approved by the Board.
(3) Unless otbiWjw deemed appropriate by the Board, the
minimum levels of uter s'a given lake or other impoundment or
at a given point on a stream or other watercourse shall be
established by the Board and shall be one (1) foot below the -
average of the five (5) lowest water levels in each calendar
year (provided no two (2) levels shall be taken from the same
calendar month) for the precedingten (1) ve-iw 5 years. The
determination shall be based on available data or in the absence
of suoh data, it shall be established by reasonable calculations
approved by the Board.


(more)


CODING( Words in straek-threugh type are deletions made on
above date; words underlined are additions,


E-IO i


C


C


.i



;





. .-17-74


.4 7-26-74


16 CB-0.15 (Continued)




s w-- fT
(4) Unless otherwise deemed appropriate by the Board.












ares
a an I be tuft P DO Ib '
ooee" (gftle *ha ll be 'take fr





caTshal-_s


or wateL, a 0 Ii A*t 3 .
owe, tWb*s Sban~iM "MMOOgUB W CA cn)trc.^a;.~~ff ri rcM'f^~?F u~E


*r .. I S
r. *,P r'

L.' (. 9


Words' in dtji'ek-thrm&d: tja
above date words underlined


are dlbetibas made on
are additions.


-l 1


Hi


16 Cb-0.20 Publication and Notice.--Whenever in these rules
the publication of any notice, process, or paper requiredd
or provided for, unless otherwise expressly provided,'the
publication thereof in .$or newspApws as
defined Ibi Chipter 0, F inda Staut hninoysg wal
circulation within the area to. e &fs ted a hall b taken
and considered as being suffiaant.


Ay
: -4


I 7-5-14-

. ... ...* m ".


4~,'



if


16 Ca-B.30 Utr4th. 4 thISAkS MAen4M-- -

(1) Unless otheatiee raOvided herein, all hearifns batorw-
Pth I9PW %4 Si"ed Updgr t ae, y aubal he .conducted LaI
fa- R Vbybe pnrvisihatmw chapter 120, Plaorida Statutes.


(2) Meetings of the Board will be held on a regular
monthly basis, usually at the District headquartersa,or at such
other time. ate4 and place as announced by the Chairman. Spe-
aial meeting will b held on call of the Chairman or at the
request of two Board members.


S


(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) nast JM19'qt iaian t8ir i L e i"W te
held on LL4 ps er',d iLe? Li
, boards. t .p. s4. tA.k L 4ot6
S e officio chairman or vice chain in RiL abince. Speail
S meetings will be held on call of the basin board ex officio
'f' chairman or vice chairman in his s .

S (5) the Board will maintain separate mailing lists for the .
respective basin boards for the purpose of mailing basin board
ting notices to all pe aons aJ n.such request in writing.

(6) Any request to p on an agenda at a meeting of the
Board of of a basin board shall be submitted not ess than ten
S day prior to the meeting.



-#' a_____ .__ .', v- --.


f.3P


.7.


CODING


0


V- 9
+; .


;II


v


SS'


I ..





R 7-26-74


Part 1

Works of the District and Regulatory Levels


16 CB-1.001
1.002
1.003

1.01

1.03

1.051
1.06

1.061
1.07

1.09
1.10
1.11
1.13
1.14

1.15
1.40
1.41


C


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


C


_




R 7-19-74


Renumbered 7-19-74


i- )


16 CB-1.001 isi Purpose--
(1) The purpose of Part 1 of these rules and regulations
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 Management 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.
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
the project, "Four River Basins, Florida" (H. D. 585, 87th
Congress, 2nd Session). Among these requirements is the
following:
"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
to permit discharges which would not cause
significant damages under present conditions of
-development."


16 CB-1.002 IT02 Definitions.--The terms set forth herein shall
have the meanings ascribed to them unless the context clearly
indicates tewse and such meanings shal apply turougnbu-
Part I of these rules and regulations. The terms celined in
Section 16 cB-0.02 shall also apply throughout 'arrt I.


SR 7-17-74


( ) "Work of the District" means any lake or other
impoihment, or stream or other watercouse, control structure,
or dU y facility, owned and maintained by the District
as a work of the District. and-ineit ding-aei-impeandmentcT-et
water-earases-en-wr ek-he-Beafd-has-estabisahed-eevredr


/' / Renumbered 7-19-74

1.


16 CB-L.003 re6 Implementation.--Part 1 shall continue to be
implemented throughout the entire area which comprises-the *
District in the same manner as heretofore. If any provisions
of 'Part 1 are inconsistent with prior rules and procedures
the new provisions shall apply commencing January 1, 1975.


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



A


C


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



S .--3 C -i-


C


K



4I


--


i` 4





Renumbered 7-b9-34


Renumbered 7-19-74


16 CB-1.01 IreO 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 ability to accomplish the purpose for which
S they were 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.


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


16 CB-1.03 IT04 The Works of the District.--The following have
been declared to be "The Works of the District" by the Governing
Board of the Southwest Florida Water Management District through
the,adoption of the indicated resolutions and motions:

(1) The Hillsborough River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 63, dated October 9, 1963.

(2) The Oklawaha River, its natural floodway and tribu-
taries, connecting channels, canals, and lakes. By Resolution
No. 63, dated October 9, 1963.

(3) The Withlacoochee River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By
Resolution No. 63, dated October 9, 1963.

(4) The Peace River, its natural floodway and tributaries,
connecting channels, canals, and the lakes which are regulated
by the District control structures, including their connecting
channels and canals. By Resolution No. 63, dated October 9, 1963.

(5) The authorized Green Swamp Basin reservoirs, connecting
channels, control structures, and discharge channels below
reservoirs. (Note: The land areas required for the three
areas reservoirs must be protected against encroachment by private
or public works to insure proper functioning of the "Four River
Basins, Florida" project.) By Resolution No. 63, dated October
9, 1963.
(6) The Anclote River, its natural floodway and tribu-
taries, connecting channels, canals, and lakes. By Resolution
No. 63, dated October 9, 1963.
(7) Lake Tarpon, its connecting channels and canals,
including the Lake Tarpon Outfall Canal. By Resolution No. 63,
dated October 9, 1963.

(8) Old Tampa Bay north of Courtney Campbell Causeway and
all tributary streams, channels, and canals discharging therein.
By Resolution No. 63, dated October 9, 1963.


(9) The Alafia River, its natural floodway and tributaries,
connecting channels, canals, and lakes. By Resolution No. 63-A,
adopted March 17, 1965.

(10) The Little Manatee River, its natural floodway and
tributaries connecting channels canals, and lakes. By Reso-
lution No. 63-A, adopted March 17, 1965.












0


I





t-1


0


~ sssls ~






R 7-1-74




(11) The Palm River and Six Mile Creek, their natural
floodway and tributaries, connecting channels, canals, and
lakes. By Resolution No. 63, dated October 9, 1963.
(12) The Pithlachaacotee River, its natural floodway
and tributaries, connecting channels, canals, and lakes. By
motion adopted March 15, 1967.
(13) The Waccasassa River, its natural floodway and
tributaries, connecting channels, canals, and lakes. By motion
adopted March 15, 1967.
(14) McKay Bay north of 22nd Street Causeway, all tribu-
taries, channels, and canals discharging therein. By-motion
adopted March 15, 1967.
(15) The Weeki Wachee River, its natural floodway, tribu-
taries, connecting channels and canals. By motion adopted
March 13, 1968.
(16) Lake Sloan, in Hillsborough County, together with
its natural floodways and tributaries, connecting canals and
lakes. By Resolution No. 538, dated April 10, 1974.
(17) Crystal River, its natural floodways and tributaries,
connecting channels, canals, and lakes. By Resolution No. 542,
dated April 10, 1974.

(18) Homosassa River, its natural floodways and tribu-
taries, connecting channels, canals, and lakes. By Resolution
No. 542, dated April 10, 1974.
-~19) Chassahewitzka River, its natural floodways and
tributaries, connecting channels, canals, and lakes. By Reso-
lution No. 542, dated April 10, 1974.


.


R 7-19-74


16 CB-1.051 Permit Required; Exemptions; Applications.--
(1) Unless expressly exempted a permit shall be required
to Ne-parson-shaei 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. witheut-a-permit-from-he
Bea'dT--Guch-permit-1s-required-before-the-start-ef-eenstretioen
er-aftereateenT-to-insnre-that-the-eenstreetion- is-net
detrimentai-to-the-epeoat4en-er-maintenenee-ef-ex sting-er
planned-worksT-and-that-the-constrsutten-w i-net-beeeme-a
publie-tiabtitty-in-the-future.
*a--An-RAppiteatAea-fe-Pemit -ean-be-ebeakned-frem-the
*Soehweet-FPeri&da-Water-Manageement-Bis trietey-PT-er-Bex-4597
Br~eksv&te7-Perit4d8-33iaT-by-seBktng-*n-persany-by-etterCy
er-by-telephener
.43--Yhe-appi atioen-Cerm-w&i I-be-given-an- tdenet ying
numlberT-aed-upon-apptoval-ned-egnature-by-the-authernted-effteer
eo-the-Bt-~ar et-wtAT-e e"ettue-hte-oha-e o a-perme- --ene-eepy
wii -be-re temed-te-the-app ean t-and-ene-reteained- n- he
eouthwest-Pier!da-Water-Management-isefrt-e<-f.tbe-in-Breeks& vike
f)--~4--A-peBsen-peepeapig-te-partorm-any-act-for-which
a-pem&i-is-sequired-wMder-subseetPe-4-n-abowe-shall-ile-an
apptication-with-the-Dsttriet-containing-the-fe-ewAngt
tat--The-name-and-address-ef-the-appi&eaant
tbt--The-name-and-address-qi-the-ewner-of-ewners-ei
the-tand-upon-whith-the-construeten-er-a*teratrain-is-te-take
place7-and-a-tegat-descriptien-ef-sueh-eadT,
S)--The-tRoea'tsen-Et-the-werk.
id*--FPians-and-spec~ficatieneT
1et--The-name-and-addreee- e-the-pereee-whe- prepared
the-pians-and-specificat-ionsi.
(f--aew-namue-end-ead4dee-oe-the-penee-who-wi-1
eonstvBct-the-proposed-wrks-when-er-ai& ebler
*-g--Th-tene er-puepose- ef-t~e-preped--wek.
(Continued)
CODING: Words in struck-threugh type are deletions made on
above date; words underlined are additions.


C


a

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r~oc~ II


id'- '=i~i---l: I;;-I- x ;i - :~CYill).~JU:- rl ..~iL ~ir.r


r1.--.--"rl--^-C--t---- -


t-f






7-24*-74
(New section under old number)


16 CB-1.051 (Continued)


as-6he-Board-may-requrre.

3)-464--;he-Beapd -shali--state-en-:the-face-of-the-permt
tce ine-n- wvhr lt-any -proposed-conshrnctto -es-a }fe seaBet-eatae
b4-eamplebed 4-b e-bsne-e -bimes- -a-whielt-y -or-a l ny-Br-B -prev*saena
Ba-granted
-ei-s6tbsee en 6 -4-abeve-sa~eh-rseaaenab e -esedistesa -a -are
i et.ey-b wt2l-iehe-be -hapiu H-s-s e-wbtero -reeas.ee -Uthe -Bkaertet.

(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


individual istic use Oro wateing residential lawns and
shrubs so longa such as uc ivt dvoe ls tbreach or alter the
bank or shorene rovied however, at Part 2 sa4l apply to
the e water such urposes.


* ~ .' ^ -


1


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 tae
place, and a legal description of such land.

(c) Location of the work..

(d). Plans and specifications.


the nlans


(e) The name and address of the person who prepared
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:

(a)y A .hydroenviroemental statement.

(b) Any other information deemed necessary.

(3) To obtain a permit under Part 1 the permitted
activity :

(a) Must be reasonable and beneficial; and

(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.


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


(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


(Continued)


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


R 7-19-74


--'~?-I -- 1 -- ---- I ----- ---L- ---------*------.


r--- -1.- -,,-~ --g-


I


the minimum level ..L.011.B. r


I III I II I I~ Id I I I I I ` r


16 CB-1.06 Content of Application and Condition for Permit.--

(1) Permit Application shall be sworn to and dated by the
applicant or his duly authorized agency anh sna. e Iilea Witn


far-li l 1H aw n tl 4a* fvjm


A-


I


"" '"" '^"'"


.O







I."


7-24-74


New 7-26-74


. 1l6 CB-i.06 (Continued)
(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 legally controlled by
the applicant. t4 L
(ii') (5) Ordinarily, and uni 4 Eo issuance
of a permit will be denied if the permitted activity:
(a) Will cause the level of the potentiomptric sur-
face under lands not owned, leased or otherwise controlled by
the applicant to De lowered three 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 feet or more.
(c) Will cause the level of water in any lake or
other imoundment to be lowered one foot or more unless the
lake o-impqutdment is wholly owned, leased 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,
3. "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 10 % or more.
S(g) Will cause an increase in the peak rate or total
volue of storm runoff by 10 %'or more.

S (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 steam or other watercourse.
(i) Will restrict flow of a stream or other water-
course within the flood ain of a 25 year fld
S() Will extend beyond a line of ncroa nt
established by the Board.

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


16 CB-1.061 Permit.Processin Fee.--A permit processing fee
shall be paid to the District.at the time a permit application
s ile the amount presribed n the schedule set tortA in
Rule 16 CB-0.lll.


IK)










[1







C )


R 7-26-74




16 CB-1.07 Notice and Hearing Requirements.--
(1) Within forty-five (45) days after receipt of a
completed en application for a permit, together with all
supportin information requested, under-the-provesiens-e
Ru&e--G-e8-&T-4 the Board shall do one of the following:
(a) Issue the permit.
(b) Deny the permit.
(c) Set a time for a public hearing on said
application and give notice to the applicant not less than
ten (10) days in advance of such hearing.













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


/-1,


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I


' I









-.~'C;: ';:i" ~ ol
~-'; .~4- ; -r.: 6












iv L r.' -': 1, 43, j-



j "t ""








16 CB-l.il Revocation and Modification ojPermits.-


(1) The Board may revoke or mody a permit at any time
if it determines that the permitted rk ork works has become
a danger to the public health or fety or if its operation .

or the conditions of the pe t. -

(2) Before any suc/revocation or omdficatio n the Board .
shall give written notihcation thereof registered or
certified mail to all affected pe Such notification r
shall contain a stata ent of the reasons why the permit may -' I
be revoked or modi ed, and a reference to any applicable
District objective, regulation, order, or permit condition.
An affected may file a written petition no later 'than
ten (10) days after notice of proposed revocation or modifi- *.
cation is served for a hearing in accordance with Part 0. No
permit shall be revoked or modified before an affected pPy fIS
is afforded an opportunity for a hearing before the Board.
(3) If the Executive Director determines that the danger ;
to the public is imminent, he may order a temporary suspension
of the construction, alteration, or operation of the works .1
until the hearing is concluded, or may take such action as i )
authorized under Rule 16 CB-l.14. n-


i


R 6-4-74


Deleted 7-17-74 .


16 a- ia-2--Abasemen tr--Any-werk-er--weeks-whkieh-evioafee--te
laws-ef-this-seate-er-whieh-v&ieates-the-standarda7-regulatiens7
eo-erders-ef-the-Beerd7-er-ehe-eendatieno-et-the-perite-shael
be-deeiaeed-a-pubiie-nnassncer--The-eperatoen-ei-seeh-werk-oe
werks-may-be-enie~ned-by-suit-by-the-Beardter-by-a-pr vate
ettti ea ---Yhe-Bead- shai-be-a-neeessaa-paty-te-eny-seteh
asitt--Nethkng-herein-she i-be-eesnncrtted-e-eenft et-with-the
prevtiaens-e-Bute e-6-eB-t iTv



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


P-/fr ti


C


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. *Iewe.ver,-
he e na erejn a a I a e

(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. -More..


1:10 1-.z1


c


C


*1i


R 6-7-74


Lb CB-1.1A Remeaiaa Measures.--
S (1) Upon completion of any inspection provided for by
Rule 16 CB-1.09(3), the Executive Director siall 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 eaew of such work or
works shall be served with the order to make such alterations
or repairs. ie-- hu n ... y a.... ..... nr t in suwfu e
f r i. nr, I- *n r ** *r i -- F*---rr-Jl The owner
of Voch work or works may file a written' petition within ren
(14 daye 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 madeuntil th."
Board is reimbursed, with reasonable interest and attorney 's
fees, for its costs.


t ~ ,, -----"


i


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-1
1


marnTanannae or ank nF
LLUMmewer-rathwhent
-


^


, ,






R 7-19-74


0


16 CB-1.40 Encroachment Lines.--


16 CB-1.15 Emergency Measures.--


'(1) The Executive Director, with the concurrence of the
Board, shall immediately ep.loy ahy remedial mans to protect
Life ind property if eaihe .

(a) the cofhdtlon of any work or worked 4i o 6 an9grou
to the safety of life or property as not to permit ti"@ for the
issuance and enforcement of an order relative to its maintenance
or operation; or

(b) passing or imminent floods threaten the *ILtfy
of any work of works.

(2) In applying the emergency measures pRov4dpd for in
this section, the Executive Diretor may in am emBergacy take
such Other steps as may be essential to safeguard lie and
property.

(3) The Executive Director shall continue in full charge
and control of such works until they are rendered safe tr the
) emergency occasioning the action has ceased.


I Deleted 7-19-74


4i
1i


.4.


i.









.7


C11 The Bonrd. after notice and hearing, may esafblish
encroachment lines and prohibit or restrict constructionzout.


into the waters in works o i


nea.


-- --*, '
(2) Encroachment line hall become effective upon
recording i the ubic re-orda of the county wherein such


?..... "t

~ ;~
i
~


Nei, oI 7-26-74


S16 CB-1.41 Hillshorough River Encroachment Line.--

(1) No construction will be allowed out into the
Hillsborough River, in Hillsborough County, beyond an
encroachment line which has been established by the Governing
Bord or that portion the river extending d treg
Trowi "MCity.of 6aTfefa to the C9oluys Rive. bidye.

2) A 1"al fte tiohn f this encroachment linp has
been-re 1od thea al0' o 0 7 tao a iv. n of

Aeria pha ag 9 ve Berb IN eF 8shan ga
saut encroachaebt ]Li e na" OATS fecorde sa w pp
bo bP


4 '4


R 6-4-74


---
...:

t: h = :sr --..


i HE i I i m i i


ipto-er-trier b*r7s-enl-evaa7~ia-eral a4ra
ceriod-of *mbarad-aonhatt *unlew-antha-tt-e-ratt-* iffor-


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R 7-26-74


16 CB-2.01 Purpose.--The purpose of Part 2 of these rules and
regulations s toTimplement the declared water policy of the
Southwest Florida Water Management District and the State of
Florida relating to the consumptive uses of water.


2-i-


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,
Northwest Hillsborough, and Pinellas-Anclote Basins a permit
shall be required fo he withdrawal of waters
(a) the withdrawal during any single day is to
exceed 1,000 0 gallons or if the average annual daily with-
drawal is o exceed 100,000 gallons average per day on an
annual asis.
(b) If the withdrawal is from a well having an inside
diameter of six (6) inches or more.
S /( (c) If the withdrawal equipment or diversionary
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 diversionary facilities or if both, having a combined
capacity of more than 1,000,000 gallons per day.

(2) Commencing January 1, 1975 w 'hin the Green Swamp,
Alafia Riv Crystal-Homosassa River BOkawaha-Rivevr Pith-
lachascotee ver, Waeesaeasa-RAve;r/Peace River, and Mli/~V-
coochee River asins a permit shal be required for the
withdrawal of ter:


(a) If th withdraw 1 is to exceed 3,000,000 gallons
- during any single day.
(b) If the wi awal is from a well having an inside
diameterof twelve (12) in c or more.

(c) If the w hdra 1 equipment or diversionary
facility has a capacity of more han 10,000,000 gallons per day.
(3) Commencing/January 1, 19 within the Peace River and
Alafia River Basina permit shall b required for the withdrawal
of water in the sa manner as require for those basins set
(Continued)
CODINGs Wor a in entaek-threkgh type are elections made on
above date, words underlined are additions.


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X I/-.L-q


16 CBr2.05 Identification Tags.--
(1) When a consumptive use permit is issued the Board
will issue a permanent metai tag bearing a use identification
number which tag shal 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-
sumptive 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 aa.L-be
grounds for suspension or revocation of the permit.

I iF ~


CODINGs Worde in struck-threugh type are deletions made on
above date; words underlined are additions.


.


R 7-30-74


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 mune au I address of the applicant and of the
wners it 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 of the water and any limita-
tions thereon. (Applicant describe the nature of the
proposed use, the method of withdrawal or diversion of the water,
including these of op 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 r to be irrigated.

(f) The location of the point of withdrawal or diversiJ&P

(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
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 applications
(Continued)
SCODING: Words in setelk-threugh type are deletions made on
above date; words underlined are additions.


0.-7


a


owner or


all rr~lr r I I r~ a s III -~--~ - -- 5 -- -


~" ^~


-r




R 7-19-74


R 7-26-74


16 CB-2.06 (Continued)

S(a) If the permit applied for is to use water to be
withdrawn from a lake or other impoundment, as defined in Rule
16 CB-0.02, having a water surface of 80 acres or less, all
riparxan overs of lands adjoining such lake pr other impound-
S ment shall be included. If such water surface is in excess of
80 acres all riparian owners along the shoreline, extending for
660 feet in each direction from the points where the lateral
boundaries of applicant's property intersect with the shoreline,
shall beincluded.

(b) If the permit applied for is to use water to be
withdrawn from a stream or other watercourse, as defined in Rule
16 CB-0.02, and the withdrawal is for npt aore than five million
gallons during a single per day tS MSO), all riparian owners of
lands within 660 feet upstream and within 1,320 feet downstream
from the points where the extreme laterql boundaries of appli-
cant's property intersect with the shoreline, shall be included;
if such withdrawal is for more than five million gallons during
a single per day (5 MGD), all such owners of landswithin 1,320
feet upstream and within 2,640 feet downstream from such points
shall be included.

(c) If the permit applied for is to use water to be
withdrawn from a well or combination of wells, all owners of
Sproperty within the distances prescribed belov as measured from
the well or wells, or, at the option of applicant, all owners
of property contiguous with or within the distances prescribed
0-f eeb of the boundaries of applicant's property, shall be
inAluded:,


DJ
Withdrawal amounts

1. If the withdrawal
during any single day is
to exceed 1,000,000 gallons
but not more than 5,000,000
gallons
or
if.the withdrawal is to
exceed 100.000 gallons
average per day on an
annual basis but not more
than 500,000 gallons
aFeraae 6


stance Distance from
Com well property boundary


.60 feet


100 feet


16 CB-2.06 (Continued)

2- Tf the withdrawal
during any single day is
to exceed 5,000.000 gallons
but not more than 10,000,000
gallons


if the withdrawal is to
exceed.500,000 gallons
average per day on an
annual basis but not more
than 1,000,000 gallons
-average


1,320 feet 200 feat


3. If the withdrawal
during any single day is
to exceed 10.000.000 aallona


or
if the withdrawal is to
exceed 1.000.000 gallons
average er day on an
annual basis


2,640 feet 400 feet


(3) The Board may require a supplemental affidavit of .
ownership to encompass a larger area than'specified in subsection
(2).

(4) The Board may require such additional information as
deemed necessary which shall become part of the application.


CODINGt Words in setnek-6hreegh type are deletions made on
above date; words underlined are additions.


(Continued)


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16 CB-2.07 Notice of Application Form.--

(1) Upon receipt of the completed permit application
the Board shall prepare a Notice of Application which shall
be in substantially the folloWing form:


Notice of Application for a
Consumptive Use Permit for Water
in County.

Southwest Florida Water Management District has
received an Application for a Consumptive Use Permit
from (Applicant) (Applicant's address
for use by withdrawal of not more than gallons
of water per year and not more than,. gallons
of water during any single day to be withdrawn from
(Source) located at (Precise location)
in (Municipality, if any, and County) for the
purpose of (Nature and location of use) This
application is for (Insert one: an existing use, a
new use, a modification, a renewal.)

Written objections to issuance of such permit may be
filed with the Board of Governors of Southwest Florida
Water Management District in person at its offices on
U. S. 41, six miles south of Brooksville, Florida, or
by mail to P. 9. Box 457, Brooksville, Florida 33512.

Such objections must .be received by the Board not
later than Any objections so filed
Should set forth reasons for the objections and must
be signed by the objecting party and should list the
mailing and residence addresses of the objecting party.

A hearing will be held at (Time) on (Date)
at (Place) before (Board or hearing
examiner) to consider the application and all
written objections, to hear testimony and to receive
documentary evidence. Such hearing may be reasonably
continued to a time and date certain announced at the
hearing without further notice.

The application is on file at the District office and


16 CB-2.07 (Continued)

available for inspection at all reasonable times.

(One of the following alternative paragraphs should be inserted
if applicable:)

This application does not exceed 100,000 gallons
average per day and the Board, after proper investi-
gation by its staff, may at its discretion consider
the application and any written objections filed
thereto without holding the hearing.

This application does not exceed 1,000,000 gallons
average per day and if no objections are received
the Board, after proper investigation by its staff,
may at its discretion approve the application without
holding the hearing.


Southwest Florida Water Management District


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R 7-26-74


16 CB-2.08 Publication and Distribution of Notice of
Application.--
(1) The Board shall cause the Notice of Application
to be published once a week for two consecutive weeks in a
newspaper having general circulation within-the affected
area.
(2) The Board shall cause copies of the Notice of
Application to be mailed to all owners of real property set
forth in the Affidavit of Ownership required in 16CB-2.06(2).
Such notification shall be sent by certified mail return
receipt requested, posted not later than the first date of
publication.
(3) The Board shall cause copies of such Notice of
Application to be mailed to persons who have filed written
requests within the immediately preceding six months for
notification of any pending applications affecting the
particular designated area. Such notification shall be sent
by regular mail posted not later than the first date of
publication.

(4) The Board may cause notices to be posted in prominent
locations at or near the location of withdrawal and if the
C withdrawal during any single day ia to exceed 10.000.000 gallons
or if the withdrawal is to exceed 1.OQO.000 gallons average per
day on an annual basis the Board shall cause not fewer than
two (2) such notices to be posted not later than the first date
of publication of the Notice of Application. Notices to be
Posted shall be in substantially the following forms

NOTICB

Application has been made to the Southwest Florida
Water Management District for a consumptive use
permit to withdraw water at or near this location
and is on file aththe District office. Any objections
must be received not later than

Board of Governors
Southwest Florida Water
Management District
P. O. Box 457
Brooksville. Florida 33512

CODXING Words in eeuek-th'ewth type are deletions made
on above date words underlined are additions.





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16 CB-2,09 Times for Receiving Objections and for Hearing.--
The deadline for receiving objections to the application shall
be a day not sooner than 14 days after the date of first
publication of the Notice of Application required in 16 CB-2.08;
the date of hearing shall be a day not sooner than 7 days
thereafter.





R 7-26-74





16 CB-2,10 Permit Processing Fee.-- Bepesits-and-Pee--
f~t--Permit-Precessing-Bepesit7-- A permit processing fee
deposit shall be paid to the District at the time a permLt appli-
cation is filed in the amount describe in the schedule set
forth in Rule 16 Cw:. 11, tqW.i :b*-.. eatse--ase-&&ieda
t ueh-depes-w t i-be-.sed- te-4de rey.e,* e eu g- and- postage-casts
S a-eeBneet&en-with-gvivnq-the-requared-neeteesT--Any-unexpended
baleane-wti--be-returned-te-the-appIseent-and- i-the-eests-exeed
the-depeast-the-applicant-wii-beqauired-to-re mberse-the
Btstaket-fer-the-additionl-aemountT--TPhe-initial-depeasie-trequied
w. t -be-65fve6-ee-sueh-additieena-aa eat-es-the-sa ff-may-seqtree
based-en-a-reasenable-estimate-ea-antieipated-eest-
( )--Permit-Preessin--Peer--A-parmit-preeessinq-fee-shaei
be-paid-te-the- Bit tet-at-the-time-the-permit-and-app& eeat&e
are-f*&edv--Soeh-fee-wiil-be-used-te-defray-advertising-and
pestage-eests-iB-eonneetonB-wth-g&v&ng-the- required-netieeeT
!he- ee-riequired-wi& -be-$6O9vee


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


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R 7-26-74 .


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

(1) To obtain a permit the intended uses

(a) Must be a reasonable, beneficial use.

(b) Must be consistent with the public interest.

(c) Will hot 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 chuse' 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-
face to be lowered below the fittu level established by the
Board.

(c) Will. caus thel eof ace of water to
be lowered below th tabihed bthe Board. J

(d) Will It 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. -rate-axceeding the
water crop.

3) The Board. may require the applidatt to submit a
hydroe mental impact statement, which wil-earali a
detailed eva tion of the hydrologic rFevironmental effects
Which are likely result from opposed water withdrawal


kl C/ (Continued)
CODING: Words in tseek-tbkeugh type are deletions made on
above date; words underlinedare additions.


1






rLf


16 CB-2.11 (Continued)

(4) 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-
toring facilities and may establish regulatory levels.

(6e) Future reductions in witais or diversions.

(5) Ordinarily,
bchTfry, the Board will presume that, in order. to obtain the
most beneficial use of the water resources of the state and to
preserve the interests of the public and of affected water users,
issuance of a permit should baewithheldt

(a) If the withdrawal by the applicant from a stream
or other watercourse will decrease the low by 10 percent
or more at the time of withdrawal.

(b) If the withdrawal of watery 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 strok-the ugk type are deletions made on
above date; words underlined are additions.


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Deleted .7-18-74


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16 CB-2.11 (Continued)

(e) If the withdrawal of water by the applicant will
S cause the potentiometric -urface et-a-pyeduerea-woe& to be
lowered to sea level or below.

(6) Ordinarily,
ceaCeasy. the Board will presups that the water crop (prectpi-
tation less evapotranspiration) throughout the District averages
365.000 gallon per year per acre 648r000-eIMene-pew-day-pew
sweu-adle and that the issuance of a permit should be with-
held if the consumptive use of the water withdrawn exceeds hee-the
w&thdeawi-eo-d&ivesion-ed-wate-eMasedJig the water crop for
lands owned, leased, or otherwise controlled by the applicant.

(7) 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-
S ductions in withdrawal or diversion.

S(8) The Ba 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 foq 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.











CO0DINGs Words in btnehe-bfeatgh0 type are deletions made on
above date; words underlined are additions.


C.


R 7-26-74


fstrems-ereAer'wtep e-O -aa1-e
4fnd-e-we-,-4ee -eP-ftfePwiOe-4eg9al4
aue-be-+nued-*-"*e4e4--pe4rnm


cjPe--.t a -4tatec-ccap.Lco
sontreled-by-h6-cappttC&t


rebee-spf-eted^ems-sthen-Vepy-wet> th;ewsinui ts .
S or-tta-.-n ptial-p4e P t.
4thd-5p"wesFpe>mms-Htevel-f-et-he-sdemd-whb*4wb eedctioit-w he-ttieanfifcye at -mpecw ttad-unal-a-B-4*stiog
SpBcfseM-ennpti'veUse-rPnir.
S--Speb.r1Pme c-hel4--ageea---the-thne-h tbhd al
*harenids-affche ^were >an-44-4y-qp eare<^,n
noti -attarry-the-e ard.- he-*pe4- ee w 4m-4-9 f--rat-i inui -hig,
igafate- rfwrrhrirrtaMTe *-these-Vegea4-msee-ielirt Labfl*s.
inthr Tawatr-exceeding-lth-teraerp-may-het-eimp9owr4y- s--w9ed--usag
.* -hty'pert of-co-petoe yrse -etede-r M..
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1"6 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 fdr 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
S 'applications in a manner which best serves the public interest as
d' determined by the Board.
S(2) In the event that two or more competing applications
qualify equally under the provisions of subsection (1), the Board
S give preference to a renewal application over an initial
; application. .



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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:

(1) For any material false ,statement in an application to- *.
continue1 Initiate, op modify a use, or for any material false
statement of fact required of the user pursuant to the provisions-
of this chapter, the Board may revoke the user's permit, in whole
or in part, permanently.

(2) For willful violation of the conditions of the permit,
the Board may permanently or temporarily revoke the permit, in whole"
or in" part.

(3) For violation of any provision of this chapter, the Board .
may revoke $he permit, in whole or in part, .for a period not to exceed:
* one year.

(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 may revoke:a permit, permanently and in whole,
with the written consent of the permitted.
.1.


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S16 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 8-2.03, 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
S or at such earlier date as may bb 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 tTe permit.
S. (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 stop 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









16 CB-2.14 Modification and Renewal of Permits.--
(1) A permittee may seek modification of any of the terms
and conditions of an unexpired permit. Such modification shall
be sought by filing an application in the same manner and under
Sthe same provisions currently required for initial permit
applications.

S (2) Applications for renewal of permits issued for more
than 1 year may be made at any time during the last year of tsh
term of an unexpired permit and at such other times as the
permitted can show good cause for earlier consideration.


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


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7/5/74

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R 7/5/74


16 CB-2.16 Permit Classification.--For the purpose of developing a
water shortage plan, each permit shall be classified according to
source and use.
(1) Each permit shall ib given one or more ofthe following
classifications as to source:
(a) Aquifer
(b) Streams or other watercourses
(c) Lakes or other Impoundments
(2) Each permit shall, in addition to a source classification,
be given one.or more of the following classifications as to use:
(a) Attractions ;- Application of water to golf courses,
cemeteries, parks and public attractions.
(b) Domestic.--Domestic use includes .use for individual
personal needs or for household purposes such as drinking, bathing,
heating, cooking, or sanitation.
(c) Essential service.--Essential service use includes
use by fire departments, hospitals, or other emergency services.
(d) Industrial.--Industrial use includes those many uses
wherein the water serves the purposes of manufacturing, commerce, trade,
.or industry.
C (e) Irrigation.--Application of water to fruit trees, crops,
pastures, and nursery stock.
(f) Lawns.--Application of water to lawns and shrubs.
(g) Livestock.--Livestock use includes uses for domestic
or commercial livestock.
.(h) Mining.--Mining use includes use wherein the water is
applied for the extraction, transportation, or processing of minerals.
(i) Power.--Power use includes use for the production of
electric power.
(j) IRecreational.--Recreational use includes .use for water-
oriented recreation, including, but not limited to, fishing, boating,
and swimming.
(3) The listing of the classifications above does not establish
any priority ranking between classes.


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16 CB-2.20 Declaration of Water Shortage.--
(1) The Board by order may declare that a water shortage
exists within all or part of the District when insufficient
water is available to meet6the needs of the users or when conditions
are such as to require temporary reduction in total use within the
area to protect water resources from serious harm.
(2) The Board may impose'such restrictions on one or
more users of the water resources as may be necessary, to protect
water resources of the area from serious harm.
:-* .* s *


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16 CB-2.21 Notice of "ater Shortaoe Form.--Upon declaring a
water shortage, the Board shall prepare a Notice of Water
Shortage, which shall be in substantially the following form:

Notice of Water Shortage
and Notice of Hearinas

Notice is hereby given that the Governing Board
of Southwest Florida Water Management District did on
.(Date) by Order declare that a water
shortage exists within that part of the District des-
cribed as (Descriotion of area lying within that part
of the District in wnicn water shortaca declare) .
Such declaration is issued pursuant to Section 373.175,
Florida Statutes, as amended. Publication of this Notice
shall serve as notice to all users in the area of the
condition of water shortage and that pursuant to law the
Governing Board may impose such restrictions on one or
more users of the water resource as may be necessary to
protect the water resources of the area from serious
harm. -.

All users of the water resources from this area,
including those persons served by public water systems
operated by (Listina of county and/or municipality
Sweater systems ooeraino in affected area together
with the users located witnin the area described, are
urgently requested te reduce consumption of water to
the greatest extent possible.
Notice is further given that the Governing Board
of Southwest Florida Water Management District will hold
hearings to consider staff reports and other testimony
- affected at each of its regular meetings and at any
special meetings called for such purpose so long as a
water shortage exists within the area described. You
are further advised that said Board holds regularly
scheduled meetings co mencing at (Time) on the
(Specified day) of each month at its official
headquarters on U. S. 41 located approximately seven
(7) miles south of Brooksville at which times the
Governing Board of Southwest Florida W!ater Management
District will consider the matter of-water shortage in
the area and take such actions and impose such restric-
tions as may be deemed necessary. The next two regularly
scheduled meetings will be held on (Date)
and (Date) Every reasonable effort will be made
to give notice of any special meeting to all persons
who file written requests for same with the District.


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16 C8-2.22 Publication of Notice of Water Shortaae.--When a
water shortage is declared, the Board snall cause notice
thereof to be published in a prominent place within a,news-
paper of general circulation throughout the area. Such notice
shall be. published each day for the first week of the shortage
and once a week thereafter until the declaration is rescinded.
Publication of such notice shall serve as notice to all users
in the area of the condition of.water shortage.


S- 7/5/74
16 CB-2.23 Change 'Suspension, or Pestrictior. of permits
Sorte.. e oard shall notify each permttee
n the district by regular mail of any change in the condition
of his permit or any suspension of his permit or of any other
restricton on his use of water for the duration of the water
shortage. The address used for such mailing shall be the
latest address supplied in writing by permittee to the Board,
other ise the address stated on the permit application shall
be used.


.R 6-22-74


7*


16 CB-2.24 Emerqonbs, Due to Water Shortaro.--If an emergency
condition aexlts due -o a water shortage within any area of
the District, and the Executive Director, with the concurrence
of the Board, finds that the exercise of powers under the water
* .. shortage plan under 16 CB-2.20 is not sufficient to protect
the public health, safety, or welfare, the health of animals,
fish, or aquatic life, a public water supply, or recreational,
commercial, industrial, agricultural, or other reasonable uses,
he may, purusant to the provisions of Chapter 120, Florida
SStatutes, issue emergency orders reciting the existence of
*such an emergency and requiring that such action, including,
but not limited to, appoitioning, rotation, limiting, or prohi-
biting the use of the water resources of the District, be taken
as the Executive Director, with the concurrence of the Governing
Board, deems necessary to meet the emergency,


Southwest Florida Water Management. District


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Part 3
Regulation 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
3.06 Construction of Water Wells and Test or Foundation
Holes
3.07 Application for Permit
3.071 Permit Processing Fee
.3.08 Duration of Permits
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
S3.13 Exemption

3.14 Special Completion Report Required for Inadvertent
Water Well


3.15
3.20
3.21
3.24


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Inventory
Minimum Well Construction Standards
'Well Construction Methods
Inspections


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16 CB-3.01 Purpose.--The purpose of this part if to enable
the Water Management District Bietr~et to regulate water wells
in the same manner and with identical provisions presently
imposed by the Water Regulatory District. The etthwest-Pierida
Water-ManageMaent-Bstret&-ReguIateoyo7-a 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.


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


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16 CB-3.02 Detinitions.--The terms set forth herein shall.
have the meanings ascribed to them Uleas the context clearly
indicates otherwise and such meanings shall apply throughout
Part 3 of these rules and regulations. The terms defined in
section 16 CB-0.02 shall also apply throughout Part 3, The
terms defined in Section 373.303, Florida Statutes, if incon-
sistent, shall not apply to Part 3 pursuant to section 373,339w
Florida Statutues.
(1) "Water well" means any artificial hole in the ground,
on submerged or unsubmarged land, having a diameter of not less
than two (2) inches, or more than one hundred twenty (120) inches
and intended to produce or accept water or to search for water.
This definition includes but is not limited to the followings
water table wells; artesian wells water resources test and
observation wells; water disposal wells; water recharge or
repressuring wells; and water level control or drainage wells.
(2) "Certified professional geologist" means any person
with expertise in cheistry, geology, or geological engineering
acquired by professional education and practical experience,
and who is certified (registered) by the American Institute of
Professional Geologists.
(3) "Contractor" means any person, corporation, or other
legal entity providing water well construction or test or
foundation hole construction, who or which has in its employ
one or more water well drillers or test or foundation hole
C drillers.
(4) "Engineering testing laboratories" means any cor-
poration or partnership engaged in gathering data for engi-
neering and/or geophysical or geological exploration, or for
prospecting for minerals or products of mining or quarrying
and interpreting data so obtained for use of their clients
and holding a certificate of authorization from the Florida
State Board of Engineering Examiners, as prescribed in Chapter
471, Florida Statutes.
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(5) O)f "Florida State Board of Engineering Examiners" means
a- sate board created and established by Chapter 471, Florida
Statutes, to carry out the provisions relating to professional
engineers.
(6) fft "Gang well" means a system where two or more water-
weTTs are coupled together with a common header or manifold.
(7) fOt "Registered professional engineer" means any person
w1o-is certified (registered) by the Florida State Board of
Engineer Examiners, as prescribed in Chapter 471, Florida
Statutes, entitled "Professional Engineers."
(8) t9) "Test or foundation hole" means any artificial hole
in- he ground drilled, bored, cored, washed, or jetted the
intended use of which includes obtaining data for engineering
and/or for geophysical or geological exploration; prospecting
for minerals or products of mining or quarrying; but not for
the purposes of either producing or disposing of water.
(9) f*tG "Test or foundation hole construction" means the
making or producing of test or foundation holes, including
the construction, alteration, or repair thereof as set out
(p .in (9)'above.
(10) kt) "Test or foundation hole driller" means any person
who constructs, alters, or repairs test or foundation holes.
(11) tiy "Test or foundation hole driller trainee" means
any person, who is not qualified for registration as a test
or foundation hole driller, who helps construct, alter, or
repair test or foundation holes under the direct supervision
of a registered test hole or foundation driller, while gaining
the experience and learning the skills needed to qualify for
registration.
(12)fka) "Water well construction" means the making or
prdu-cing of any water well, including the construction,
alteration, or repair thereof.

(13)44k "Water well driller" means any person who constructs,
alters, or repairs water wells.
(14)tt5S "Water well driller trainee" means any person not
qualified for registration as a water well driller who helps
construct, alter, or repair water wells under the direct
supervision of a registered water well driller while gaining
f the experience and learning the skills needed to qualify for
registration.


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R 7-27-74







R 6-19-74


16 CB-3403 Iplementation.--Part 3 shall become effective
September 301974, an be implemented thereafter throughout
the entire area which comprises the District, which area is
coterminous with the area of the Southwest Florida Water
Management District (Regulatory). The governing board of
the water regulatory district'consists of the members of the
Governing Board of the Southwest Florida Water Management
District and all actions by either board will constitute
concurrent action of the other board. This implementation
shall in no way be conStrued to liMit the authority of the
Board of Southwest Florida Water Management District (Regulatory)
or the effectiveness of its rules and regulations contained
in Chapter 16 CC of the Florida Administrative Code or of any
orders steued by said regulatory authority. Wherever applicable
and appropriate the District and the regulatory authority will
act concurrently in regulating water wells.


0


16 CB-3.04 Registration of Drillers and Contractors.--
(1) Registration Requirements.--Any person, corporation,
or other legal entity who constructs a water-well or test or
foundation hole within the District boundaries shall be
registered with the Board, provided, however, any water-well
contractor holding a valid license issued by the Department of
Natural Resources shall not be required to register with the
Board.
(2) Registration Certificates.--The Board may issue
registration certificates in the form of an identification
card. The card will certify on its face the operations for
which the driller or driller trainee is qualified and
registered.
..3) Qualifications of Individual Drillers.for Regis-
tration Certificates.--
(a) To qualify as a registered driller a person must:
1. Be at' least 16 years of age, and be of good
moral and ethical character;
2. Have a -thorough knowledge of the rules and
regulations of the District; *
3. Have had sufficient experience in water-well
construction or test or foundation hole construction, or both,
to demonstrate satisfactorily his practical knowledge and his
capability to operate equipment used in actual construction.
operations; and
4. Passa written test furnished by the Board.
(b) To qualify as a driller trainee a person must:
1. Be at least 14 years of age and hold Current'
authorization to work under existing Florida Statutes, and be
of good moral and ethical character;
2. Have a thorough knowledge of the rules and
regulations of the District; and
3, Have a written recommendation of a regis-
tered driller or registered contractor under whom he will
serve as a trainee. If he changes employers, a new recommen-
dation must be submitted.
(Continued)


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i 6-7-74


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R 6-24-74



S16 CB-3.04 (Continued)

(c) The Board may issue registration certificates
to registered professional engineers, engineering testing
laboratories, and to certified professional geologists upon
applidction and showing of a thorough knowledge of the rules
and regulations of the District; additionally they must have
had sufficient experience in water well construction or test
or foundation hole construction, or both, to demonstrate
satisfactorily a practical knowledge of equipment used in
construction operations.
(4) Applications.--Applications for registration certi-
ficates shall be submitted on forms. provided by the Board.
(5) Qualifications of Contractors for Registration
Certificates.--Any contractor who is, or has in .its employ,
one or more registered water well drillers, must register as a
water ell 'contractor. Any contractor and any engineering
testing laboratory who is, or has in its employ, one or more
test or foundation hole drillers, must register as a test or
foundation hole contractor; and must:
(a) Submit the necessary information on forms
furnished by the Board.
(b) Furnish a bond in the amount of five thousand
dollars ($5,000), made payable to the District and its
successors, with a reputable bonding corporation authorized
to do business in this state as surety. The bond is to be
conditioned upon compliance with the provisions of the laws
of this state, the rules and regulations prescribed herein,
and the orders adopted or issued pursuant thereto for the
protection of the water resources of thp District. Such bond
shall be maintained as a condition of the continued validity
of the registration.
(c) The Board may, in unusual circumstances, such
as when the $5,000 bond may not be adequate to properly pro-
tect the.water resources of the District, prescribe any other
restrictions and may require additional qualifications and
bonds as it deems proper.
(6) Surety bonds will be required only from contractors.
The contractor will be responsible for any and all drillers
in his employ, and his bond will be acceptable as covering
his employees. This provision shall not apply to water well
contractors who hold valid licenses issued by the Department
of Natural Resources apd who are required to meet the bond
requirements prescribed by the Department.

(Continued)


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R 6-24-74



16 CB-3.04 (Continued)
(7) Addresses.--Each driller and contractor shall keep
the Board advised of the current address of his residence and
of his business At all times. This provision shall not apply,
to water well contractors who hold valid licenses issued by
the Department of Natural Resources and are required to main-
tain a current address on file with the Department.
(8) Ideptification Card.--Each registered driller and
each registered driller trainee shall keep his identification
card on his person while drilling and shall display same upon
request.
(9) Individual Identification Number.--Each registered
driller and each registered driller trainee shall be assigned
a permanent, nontransferable identification number.
(10) Contractor Identification Number.'-Each contractor
shall be assigned a permanent, nontransferable identification
number to be used in connection with all drilling operations.
License numbers issued by the Department of Natural Resources
to water well contractors shall be used as identification
numbers in connection with this rule. Contractor identification
numbers previously issued by the Board to such contractors
shall be voided.
(11) Contractor Records.--Each contractor shall keep
accurate records and shall make such records available for
inspection by District personnel at any reasonable time.
These records shall list all water well construction and test
or foundation hole construction operations and such other
hydrogeologic data as the Board may require, together with the
name and individual identification number of the registered
driller supervising the work. The knowledge pertaining to
'quantities and values of ore reserves and estimates prepared
in a mineral prospect shall be privileged information and
made available to District personnel only with the consent of
the client or clients of the testing laboratories.
(12) Marking Vehicles and Equipment.--The identification
number of the contractor shall be prominently displayed on
both sides of every service vehicle and drilling rig used in
connection with all construction operations and shall remain
so displayed at all times. All numbers and figures shall be
not less than two (2) inches high. A decal to be issued by
the Board indicating current, valid certifications shall be
displayed adjacent to each identification number and shall not
be transferable.
(Continued)


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R 6-20-74


'16 CB-3.04 (Continued)
(13) Supervision of Construction.--All construction
shall be performed under the direct and personal supervision
and in the presence of a registered driller, although the
registered driller may, at his discretion and with complete
cognizance of his responsibility, delegate increasing
responsibility to a registered driller trainee.


R 6-24-74




16 CB-3.05 Refusal, Suspension or Revocation of Registra-
tion and Forfeiture o Bond.--
(1) G-round.--The Bade may refuse to issue or renew or
may suspend dr revoke a registration on any one or more of the
following grounds:

(a) Material tisstatement in the application for
registration.

(b) Failure to have or retain the qualifications
required herein.

(c) Willful disregard or violation of any rule or
regulation or order issued by the Board..

44d) Willful aid or abetment to another in violation
of this article or of any rule or regulation issued by the
Board.

(e) Gross incompetency in the performance of work.
(f) Allowing the use of an identification card by
9t) any person other than the original issue.

(g) Failure to apply for registration prior to
beginning Lonstruction within the District.

(h) Misrepresentation, falsification, or failure
to submit records or reports required by the Board.
(2) 'Zntitution of Proceedings to Suspend or Revoke
Registration or for Forfeiture of Bond.--Violations may be
reported by ary temaber or employee of the Board or by any
other person by filing a sworn written complaint with the'
Board on forms provided by the Board.

13) Rapeensibn and Revocation of Registration and
Forfeiture oS Bond.--Upon investigation, the Board may suspend
a contractor' registration. After notice and public hearing,
such registration may be revoked or the suspension may be
extended. When deemed appropriate, the Board may act to bring
about forfeiture of the contractor' s bond.
,4) Suspension and Revotation of Registration of
Engineering Testing laboratories. --The board 3 y suspend, but
will not revoke or fail to renew the registration ofati~
engineering testing laboratory prior to affording the State
Board of Engineer Examiners the opportunity to review such
S contemplated action.





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i 1.1. I 1 I~IIII i II I




R 7-17-74


R 6-24-74


S16 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 ar 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 aordane ro -"
with the purposes of these rules and regulations. .
(2Y Construction Methods.--Watr wellia 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 under-
ground sources.
(3) Permit Required.-A permit shall be obtained from
the Board before any water well or test or foundation Wole 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.
"N (4) Gang Well Permits..--Notwithstanding definition of
a water well, as set forth in 16 CB-L.01(2) (a) herein, no gang
well shall be constructed without a permit, regardless of the
size or depth of the individual wells comprising such gang
well, for the purpose of procuring or obtaining water other than,
for temporary dewatering.


K


16 CB-3.07 Application for Permit.-
(1) Permits will only be issued to registered contractors.
(2) To Construct a Water Well.--A written application
shall be made on forms furnished by the Board, and shall be
signed by the registered weather well contractor responsible for
the work. Such application shall include the name and address
of the property owner, or his agent, on whose property the well
is to be drilled; the name, registration number, and address of
the contractor; the approximate location of the well, the
expected depth, and the specification for well construction
including size(s) of casing to be used, method of completion,
and method of plugging abandoned well if necessary. : -
(3) To Conatruct Test or Foundation Holes. -
(a) A written application shall be made on forms
furnished by the Board, and shall 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 address of the contractor; the'approximate
location of the holes and the number to be drilled; and speci-
fications as to their construction including diameter of holes,
expected depth, whether or not casing will be used,and how these
holes will be plugged when 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 applicationsfor permit, furnish an
additional surety bond in the amount of twenty-five thousand
dollars (625,000) er-pree-o-im l-responaibt y-iiithe
see- ameumW-a"d 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 $25,000 bond may not be adequate to properly protect the
water resources of the District, prescribe any other restric-
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) Specifications.--The specification for construction
as set forth in the written application, if approved, shall be
contained in the permit issued by the Board and construction
shall be performed in accordance with such specification. Any
deviation therefrom shall only be made after written permission
is received from the Board.






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-- -- -. p V|


Mew 7-26-74


R 6-24-74


16 CB-3.071 Permit Processing Fee.--NO permit pocessin
all regarded in conecton wit app n ora p


part Lr. L.


.'

tq fee .. :: 1
--t -
t der
">


h 6B-24,74


16 CB-3.10 Water Test Wells.--More than one (1) water well
whose purpose is obtaining exploratory or observational data
may be contracted using a single pet it, subject to the
following conditions :

(1) All such well construction shall be performed on a
single contiguous tract of land under the same ownership.
(2) No such water test well may be converted to, a pro-
ducti o or observation well without first obtaining a permit
from the Bdard.


16 CB-3.08 Duration of Permits.--Zach permit shall be conse-
cutively numbered, shall be dated, and shall be valid for a
period of six (6) Months, unless the time limit is extended by
the Board.



'- 6-24-74


* I'



i


16 CB-3.0 -Completion Reports and Drillers Logs.--


S (1) Water well drillers shall keep a log on a form pro-
vided by the Board of all construction activities performed
under each permit and shall'file with the Board such log.:
together with a repoFt within thirty (30) days of the completion
of cessation of the work authorized by the.permit. If no work
is pearormed, a report shall be filed within thirty (30) days
of the expiration of the permit stating that no well- construction
was performed under the permit.

(2) The Board may also require that samples be taken
during construction and furnished to it within thirty (30) days
after being takne. Containers ad instructions shall be pro-
vidd boy thde a os rd..b ,-





O CODING, WaMrd in steuek-threugh type'-are deletions made on
Above dater words underlined are a8dditions.


a a


;'4 ,


* *;*., ..**;!...I..,,,.-: .* .


.* .* I


'i


3-1 V 3-" 4 1 e -/,"


r. 4,.


%,
r


3




I ....~


A 6-24-74


R 6-24-74


( I


16 CS-3.11 Notice of Rejection, suspension, or Revocation of
PerI t.--
(1) The Board shall issue a Notice of Rejection whenever
it determines that an application for a permit for construction
fall to meet the requirements prescribed by Chapter 373, Florida
Statutes, or by these rules and regulations, or that such proposed
construction would be contrary to the policy of this state or of
the pard as set forth in such laws, or in such rules and
regulations. "
(2) Such Notice of Rejection shall
(a) State the grounds for rejection, and may state
any remedial action, if any, which may be taken to make such
application acceptable for approval; and

(b) Be served in writing upon the persons signing the
application by registered or certified mail.
(3) Any applicant receiving a Notice of Rejection may
obtain a hearing before the Board by filing within thrity (30)
days of the mailing of such Notice of Rejection a written
petition requesting such public hearing.
(4) The Board may, upon investigation, suspend a permit,
Sand after notice and public hearing, may extend such suspension
or may revoke the permit. Such suspension or revocation may be
made on any one or mote of the following grounds

(a) Material misstatement or misrepresentation in the
application for a permit.

(b) Failure to comply with the provisions set forth
in the permit.
(a) Willful disregard or violation of any rule or
regulation promulgated herein by the Board.
(d) Material change of circumstances or conditions
existing at the time such permit was issued.


3-17


16 CB-3.12 Emergency Permits.--Emergency permits may bq issued
by the Board when conditions exist which justify such issuance.
Saergenoy permits may be applied for orally by telephone, and
the Board may issue an emergency permit orally by telephone,
however, a serious set of unforeseen or unforeseeable circu3-
stapas. must exist to create the emergency, not.mere careless-
anes or lack of planning on the part of the driller or requester
of the drilling. 9he applicant for an emergency permit shall
further reduce his application to writing in accordance with
16 C0-1.03(5) within 24 hours after making oral application.
16 CB-1.03(8) shall apply to construction performed under an
emergency permit.

R 6-24-74


16 CB-3.13 Bxemption.--No provision of these rules and
..:regulations shall apply to individual users of water for
Domestic supply or ordinary livestock consumption; provided,
however, the owner of any water well, or proposed water well
exempt herein, shall obtain a Permit of Exemption prior to
S.drilling.




R 6-24-74


: ;. 16 CB-3.14 Special Completion Report Required for Inadvertent
W ater Well.--The registered test or foundation hole contractor
or professional engineer shall provide boring logs for all test
or foundation holes that penetrate into any of the aquifers in
the District where either drilling fluid is lost or artesian
conditions are encountered. All such holes shall be completely
S plugged from bottom to top with cement grout or an equivalent
approved by the Board. Such report shall be in writing, complete
description of the occurrence, including exact location and
describing geologic and hydrologic conditions and the method of
plugging, and shall bear the signature of the registered test or
S foundation hole contractor, certifying that all actions required
by these rules and regulations were accomplished.




f i. 3-17* 3-3ao


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7
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A 6-24-74


16 CB-3.15 Inventory.--

(1) Purpose.--The Board has determined the necessity for.
taking and maintaining an accurate inventory of water resources
and uses within the District so that it takes all necessary and
proper steps to affect the maxiuam beneficial utilization,
development, and conservation of the water resources within said
District in the best interest of the public and to prevent waste,
contamination and unreasonable use of said resources.

(2) Area to be Inventored.--An inventory will be made and
maintained of selected water wells and test and foundation holes,
constructed pursuant to permits issued by authority of these
rules and regulations. In addition, the Board may take inventory
of all other water wells located within areas the Chief Hydrologist
of the Board determines to be seriously endangered from over-
development, salt-water intrusion, pollution, or other contami-
nation.

(a) In all such areas the Board, its employees and
agents, shall have the right to inspect all water wells and test
holes and foundation holes, going upon the premises where located
at any reasonable timefor such pepose. .
(b) No person shall interfere with or prevent such
inspection,


16 CB-3.20 Minimum Well Construction Standards.--The following
minimum standards shall apply to all constriction and repair of
wells in the District except in those areas within the District
which may hereafter be exempted by the District with the coun-
currence of the Department of Natural Resources.
S(1) Casing and Liner Pipe Requirements.--

(a) Well casing and liner pipe shall be new or shall
be pipe or casing in like-new condition which las been salvaged
from a water well testshole or dry hole. Si6h casing or pipe
shall not be used unless free of breaks, corrosion, and dents;
is straight and true, and not out of round. Welded or seamless
black or galvanized steel pipe or casing, or stainless steel
pipe or casing; or approved types of nonmetallic pipe shall be
used for well: asing or liner pipe. Well casing installed by
driving shalbr hay; a wall thickness not less than that of
standard wall pipe as specified by American National Standard
for Wrought Steel and Wrought Iron Pipe (ANSI B 36.10-1970).

(b) Black or galvanized steel casing or liner pipe
set into place without driving shall have dimensions not less
than those specified 4a fsllowss .

Minimum Dimensions and Weight for Black
or Galvanized Steel Casing or Liner Pipe
get Into Place Without Driving


O.taide Diameter
(inches) ..

1.500
4.000
4.500
5.500
6.000
6.625
8.63


Wall Thickness
(inches)

D..134
0.142
0.154
0.164
0.185
,0.188


Plain End Weighti
(pounds)

5.53 "
6.61
8.79
10.22
12.72
16.90


(Note: Black or galvanized steel casing or liner pipe with an
outside diameter less than 3i500 inches shall have d'wall thick-
ness of not less than. 0.125 inchestw. :: -' *'' :'''
Black or galvanized steel casing or liner pipe with an out-
side diameter greater than 8.625 inches but less than 16 inches
shall have a wall thickness of not less than 0.250 inches.
Steel casing or liner pipe with an outside diameter of 16
inches or more shall have a wall thickness of not less than
0.375 inches.)

(Continued)


3., >-


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R 6-24-74 .


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'f- --




S. 7 *A 6-24-74
~-- -~r~e: !


R 6-19-74


S 16 CB-3.20 (Continued)
S (c) Stainless steel pipe used for casing or liner
pipe shall be Schedule 108 of the Amerioan National Standards
Institute (ANSI 36.10-1945 R.1971), or stronger classific-
tion.
(4) Polyvinyl Chloride (PVC) pipe may be used for
well casing or liner pipe. Any PVC pipe used to construct a
water well h all have been marked by the manufeatuar, under
a method specified by the Nateonal Banitation fundaStion. Ann
Arbor, h9bigoqnh as suaitble flr:u-e in potable water yptam.
Ayp pCie eued for well eofctrwtiae oat repair shall be MA
Schedule 40 pipe or stronger classication.
(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) Nonmetallic and stainless steel well casing or
liner 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 --tr-lght. A
'f drive shoe is required for use on casing or pipe in called by
driving.
C a


C


S.C


S16 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
materible, 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 to 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
of water in one or more water bearing sones, or will result in
a los of artesian pressure; such interchange shall be prevented
through the proper design and construction of the well. If a
well cannot be properly completed to prevent such an unauthorized
interchange of cater 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, as
a minimum, be seated, or sealed with neat cement grout, into
that rock layer or other consolidated formation.
(b) Por 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 th"
casing, or Which is driven starting at land surface and thenOc
to its fital depih 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
diatee of ou ur (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


(Continued)


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R 6-19-74


16 CB-3.21 (Continued)
of less than four (4) inches the minimum grout thickness shall
be one (1) ipch. The easing shall be centered in the, bore hole
prior to grbuting. IZ those cases where, during routing
operations. circulation of the grout is lost so thpt 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 anne of. lost circulation and the annuLus
shall be bridged, at that point, by sand or qthaer approved ate.rial
introduced through the pipe. Grouting of the annular space *hall
be completed using the pipe or other approved ebbaods.
(p) The District may grant individual exceptions or,
with the cncqirrence 6o the Departwent, may exempt any areas of
the District from the requirements of cement grouting the annular
space between the wall caring and bore hole wall of that part of
a wall which penetratesp n. unconspldated forptatton., ProvI4d,
however that the uaconsoaidaed formtioga material must be of
such a-, ng nature thPaup o stopping he carroation of
drilling fluid through the well. the aquifer material will.,
immiune'vt y cave iao ad fill-up the anmudr sCPc between the
well casing anud bare hole wall. It is fut~pe prvidpd that a
flow spa c sh11 n be cb ire. by- ch- m contact .that will
allow'y eMyveant. of wvatiPal.op theq outs"di $.the weq
casingg., 4 6did not nat rly op prior to oeaatrction of
.. 'y m c r ", .. 4.,; 4 "r "-' -
'. T-i: UIdepjt at pro iBed above, gruLting and seal1g
of water wells shall be accomplished by the practices and methods
recommended by Section Al-8.4 of AWNA AJa0-6, 6 AI Standard for
Deep Wells, American Water Works Association, Inc.
(S) 3i14 Cover.--
'( 'Ulheq ysr thee is. an izterrulption in work on the
well, such as overnight shutdown, the well opening shall be
sealed with a substantial cover.
(b) Any well in which pimping equipment is installed
sea onaly or periodlcaly. shall, wheneve~ piping equipment is
not installed, he capped with steel or reinforced concrete
cover, or valve.
W( .Any cased well eq apped with permanently installed
pumping uipept shalhp le, tit pumping equipment and any
necessary piping inhaled tArqugh a iell seal.
(d) Any unued wai shall be capped in a watertight
manner with a steel pr rpinfJ ced concrete paver or valve.
(e) Any well vent shall extend to at least one (1)
t foot above any known flood level, but not less than two (2) feet

(Continued)


i


16 CB-3.21 (Continued)


' above landsourfaef at the well. .
(M) Flowing Wells.--Xf the well flows at land irface, -
control shall be provided by valued pipe connections, or
receiving reservoirs set at an altitude corresponding to the IJ
artesian head. $Wt c^J^ r44U
(7) Plugging.-All abandoned wellshall be glJed by
filling, ehom froa bottom to top with neat camentgrouS, unless .
other provided in writing ba the D)istrict. he plugng i/
shall be to store or improve the hyrtologd r oonditonM which
existed before the well mas -oanstrated.
:.. ", -- ., .: : .. .


4 : I, -:-


. --'.;- 6-24-74


15 CB-3.24 'Inspections
S' () During the construction, repair, or abandonment of
any well, the District may cause to be made such periodic
inspections as it deems necessary to insure conformity with
S 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
water well contractor written notice stating with which rules,
S 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
prescribed in such order. Any such order from the District
shall become final unless the person or persons named therein
.request by written petition a hearing before the District, as
provided in Chapter 120, Florida Statutes, no later than tour-
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.
( r.


iV'~

3-a


S


C,


R 6-19-74


TCr C'~"~I I I I I II i I r- ~r


.....-
.


!:7


.~-ro u ~~t


.; O





SR 7-26-74





Part 4
Management and Storage of Surface Waters
/
16 CB-4.01 Purpose
4.. 02 Definitions

S4.03 Implementation .
4.04 Permit Required

4.05 Exemptions
4.06 Content of the Application and Condition for
Permit
4.061 Permit Processing Fee

4.062 Identification Tags
4.071 'Notice of Application Form
. 4.072 Notice and.Hearing Requirements

S4.073 Times for Receiving Objections and for Hearing
S4.074 Permits Without Hearing
4.08 Completion Report
4.09 Inspections

4.10 Permits for Operation or Maintenance
4.11 Headgates, Valves, and Measuring Devices
4.13 Revocation and Modification of Permits
4.14 Abatement

4.15 Remedial Measures
4.16 Emergency Authorization for Construction of Works
.4.17 Emergency Measures







Y-C



C C C








C R 7-17-74



16 CB-4.01 Purpose.--The purpose of Part 4 of these rules
and regulations is to implement the declared water policy of
the Southwest Florida Water Management District and the State
of Florida relating to the management and storage of surface
waters. peitting-ef-werks-er-diversenaey-ee&li teer



R 7-17-74



16 CB-4.02 Definitions.-The terms set forth herein shall have
the meanings ascribed to them unless the context clearly indi-
cates otherwise, and such meanings shall apply throughout Part 4
of these rules and regulations. To facilitate easier reference
certain a&& terms defined by applicable statute have been inclu-
ded veratim IWea&n with appropriate citation. The te~ms
defined in section 16 CB-0.02 shall also apply throughout Part 4.


Ii


Deleted 7-19-74








i...n ) b nd y-eeh e- 4 &- ePplntMhingyr-and-
%f'-tt- -n+ bailte-WberJ^3 Eavel-:olv*-uC f@


( ) "pam" means any artificial or natural barrier, with
appurtenant works, raised to obstruct or impound, or which
does obstruct or impound, any of the surface waters of the
state. S373.403(1), F.S.


Deleted 7-18-74


Biversienary-faeelity----Any-deviee4s5--whieh-divert-the-weters
et-the-Distriet-inetetng-bat-neot-kiited-tC-wels-das7
eanaies7-i pewindmentsT-reeeevei*s7-water-ntake-pipeay--ppotenant
Swerk-and-werksr


( X "Appurtenant works" means any artificial improvements
to a dam which might affect the safety of such dam or, when
employed, might affect the holding capacity of such dam or"
of the reservoir or impoundment created by such dam. $373.403(2),
1..



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


C


( ) "Maintenance" or "repairs" means remedial work of
a nature as may affect the safety of any dam, impoundment,
reservoir, appurtenant work or works, but.excluding routine
custodial maintenance. $373.403(8), F.S.





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


C


C-


-----~-L_ L -- -.-l~--L.-


'





R 7-19-74


R 7-26-74 -


( ) "Works" means all artificial structures other than
dams, appurtenant works, and wells, bu including, but not
necessarily limited to, ditches, canals, conduits, channels,
culvert, -pipes, and other construction that conMnets to,
diverts water from, or drains water into, or is placed in or
across, the waters in the District. .






R 7-17-74


16 CB-4.03
throughout
conmencing


CODING:


Implementation.--Part 4 shall be implemented
the entire area which comprises the District
on July 1, 1975. Uaaanry-.r-&995


Words in't ruek-thes-au type are deletions made on
above date; words underlined are additions.




4-Q y. 4(.lo


0


16 CB-4.04 Permit Required

(1) Unless expressly exempted, a permit shall be required
tor..

*a)--eenstruet7 construct alter, eperate7-msintain7
or abandon or remove any dami impoundment, reservoir, appurtenant
work, or works which:

(a) Impounds water on an area exceeding ten- )-
forty (40) acres by means of dams and appurtenant works.

*b)--eonneet-toT-draw-water-frem7-drain-water-inte7
er-piaee-eenstruction-within-or-eeress7-er-etherwise-make-use
ef-the-weaers-in-the-BDstrietv

(b) Diverts water from an area exceeding te-Ln tl-
forty (40) acres by means of dikes, levees, fills or other means,


upoLM'jL utfreml ams an.d != LSLCJSIA woksimon MAents
reservoirs or works.

(c) Reroutes the fiow p a stream or other water
course which drains a watershed having an area exceeding five
(5) square miles or draws water from a lake or other impoundment


having a surface acqq u .


(2) After January 1, 1977 unless expressly exempted, a


ermit shall be required to operate or maintain any dam,
impoundment, reservoir, appurtenant work, or works which:


(a) Impounds water on an area exceeding one hundred


and sixty (160) acres by means of dams and appurtenant works.


(b) Diverts water from an area exceeding one hundred
and sixty (160) acres by means tills or


other means, including upstream dams and appurtenant works,
impoundments reservoirs or works.

(c) Is equipped with a headgate, valve orother
operable structure Which impounds on or diverts from an area
exceeding forty (40) ten-41)- acres or which is located on a
stream or other watercourse.


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


0


II _1~1__~~__~ ________~~_


L


. ..- i . . .


I 3 IIIL. 1 131 1 I I ~-


.lrr r m~r~mnd





R 7-18-74


16 CB-4.05 Exemptions.-

(1) Nothing in Part 4 shall be c strued to affect the
right of any natural person to capture discharge, and
use water for the purposes permitted y law.

(2) Nothing in Part 4 shall construed to affect the
right of any person engaged in t occupation of agriculture,
floriculture, or horticulture alter the topography of any
tract of land for purposes con stent with the practices of
such occupation; provided, h wver, that such alteration shall
not be for the sole or p-daar purpose of impounding or
obstructing'a stream or other watercourse or changing the
water level in lakes at 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
potentiometric surface on lands adjacent thereto.
(3) Nothing in Part 4 shall be construed to be applicable


. t .. U.. .at onI. .- ma nI nc. ... a v...


other artificial structure which is located entirely within
lands owned or controlled by the user and which require water
only for filling, replenishing, and maintaining the water level
thereof, provided however, that Part 2 shall apply to the use of.
water for such filling, replenishing and maintaining of the water
level.


I


(2)
suebmir


*44 The Board may also require the applicant to


VU-.A&. other information deemed necessary.


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


(cc


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


'' C


C


C


ntinued)


m r


F ---- ~n. ---------~cc~-


: 1 7-18-74




16 CB-4.06 Content of the Application and Condition for
Permit.-- eend-tis-Ee-a-PBBt te-enstret-or-Atter--

0--8Bne6-rtie s'ea-e-ethpted-by-aw ne-persaeMn-sheaty
without-a-permit-roem-the-Beard-eenstreet-er-aiter-any-diver-
sienary faeility-where-such-diverseinary-faeiity-is-leeated
en-a-streem-er-ethe-watereeurne-eo-ret.es-en-a-Watereerase
fee-tsa-sapplyr-er-eenetruet-er-aiter-any-impeBndment-wheeh
is-greater-than-40-aereev

*2--A-persen-prepesing-te-peefst-any-act-fer-whcih-a
perma-~a-reqered-under-subseetien-4-aboveT-shaei-fle-an
appieatien-with-the-Bistriet--n-aeees'ance-with-the-preeedure
preovded-iar-in-Part-OT

(1) 409 Permit The 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 eentan-the-faeewinIgt

(a) The name and address of the applicant.
(b) The name and address of the owner or owners of
S the land upon which the construction or alteration is to take
place, and a legal description of such land.
S(c) Location of the work.

(d) Plans and specifications. When-required-by-the
Bstribett-eekh-pians-and-spee&fceatiens-shaei-be-prepared-by-a
preoessaeinai-engneer-regsatered-mn-the-State-ef-PieridaT

(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.


~r~c.cirl rr I~ircsr~lra rrC raaarm~ nr




Vr


. R 7-19-74


I-.;-; I


16 CD-4.96 (coatlnejd)

!I le~l~as~~. ric
In I
'' ipr p-a .4'el .iet1.r~nttr4 ~ 7



Lt








c,
BOUC 16 LIN6 Z.ftle StU". (E-







r .u *-;~r-~ ;]*Pbf a-






all-

cxa






*a& *P:. bta
ta m .. .
L01- T bw
4d W"~i oCIld
Mont
Zw r r 4t



as:



_kII IW
k 'V 'C"A


CI.


Ont to bS *O.:w





V .aS#St


W.i

Lt etttam of a
k P: tLs' ft i4to b. L4

34eS

a F
.J


() 4 will eaws aAn trmes in the peak rate or
total volm of starm rwuna by j or =mr*.




b, the--mea-eMB at*telp t ..e-a-t e-**M H ....








. *".' "
cmr "' '^ *' ;- ^a


.'\


'. ;., -1 -~~--~~.-?- 1_ I r1--I ai 1~


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


----- --


- --


fastedd




~4r~;~


16 CB-4.071 Notice of Application Form.--
(1) Upon receipt of the completed permit application the
Board shall prepare a Notice of Application which shall be in
substantially the following form:
Notice of Application for Permit
to Construct, Alter, Operate, Maintain,
Abandon or Remove a Dam,
Impoundment, Reservoir, Appurtenant Work,
or Works in County

Southwest Florida Water Management District has
received an Application for a Permit to construct, alter
operate, maintain, abandon or remove a dam, impoundment,
reservoir, appurtenant work, or works from (Applicant)
(Applicant's Address) at (Precise location) in
(Munciality,if any, and County) for the purpose of
(Nature and location of use)
Written objections to issuance of such permit may
be filed with the Board of Governors of Southwest Florida
Water Management District in person at its offices on
U. S. 41, six miles south of Brooksville, Florida, or by
mail to P. O. Box 457, Brooksville, Florida 33512.
Sudh objections must be received by the Board not
later than Any objections so.
filed should set forth reasons for the objections and
must be 'signed by the objecting party and should list the
mailing and residence addresses of the objecting party.

A hearing will be held at Time on
Date at Place
before to consider
the application and all written objections, to hear testimony
and to receive documentary evidence. Such hearing may be
reasonably continued to a time and date certain announced
at the hearing without further notice.
The application is on file at the District office
and available for inspection at all resonable times.
(The following paragraph should be inserted if applicable:)
The permit applied for impounds water on or diverts
water from an area not exceeding 640 acres. If no sub-
stantial objection to the application is received the Board
after proper investigation by its staff, may at its
discretion approve the application without a hearing.


Rt 7-18-74


I '. I


16 CB-4.061 Permit Processing Fee.-A permit processing fee
shall be paid to the Distric at the time a permit application
* is filed in the amount prescribed in the schedule set forth in
SRule 16 CB-0.111. the-permtt-and-app-keatoen-are-itiea--A-Eee
wAi-b.e-used-e-dera.f advert~sing-and-pestage-eests-- reennep-
t en-wth-eg vag-t9hel-req red-nti eesv--A-fee-requ red-wkil-be
.:vr T-Cer-procese-gR-ef-pents-foer-dame-and-diverdien-ef-waterT



S*

R 7-18-74


16 CB-4.062 Identification Tags.--

(1) When a diversi eary-feeility permit is issued the
SBoard shall isue a permanent tag bearing an identification
number T-The-tea--ha-i-be-preminently-dispaed--he-s
of-the-faciiity?--Permittees-fer-eanserctenT-ahterng-er
abandening-the-factit'y-wti+-be-,ssued-taqs-fer-this-perposer
Permittees- which shall be prominently displayed and permanently affixed
to the facility r or at the site of the permitted activity.

4(2--Whe-a-di*versia ona y-faei fty-permt-is- issued-the
Beard-wi-9issee--a-tae-bearing-a -ae-denti eatien-Bnmber
The-tag-shaii-be-preminently-displyed-at-the-stte-o~-with-
draw l-by-permanentiy-afixing-asuh-eag-to-the-pumpT-headgate7
vave7r-er-ether-withdrawaA-faes ityrT

(2) 43* Failure to display a permit tag as prescribed
herein shall constitute a violation of these rules and shall
be grounds for suspension or revocation of the permit r upo
notice and hearing.




CODING: Words in atruek-threugh type are deletions made On
,-. above date; words underlined are additions.


Southwest Florida Water Management District


f-f. -7


C


R 7-26-74









R 7-19-74





16 CB-4.072 i6-eB-4v89 Notice and Hearing Requirements.-


(1) Within forty-five (45) days after receipt of a
completed an application lor a permit under the provisions of >:"
Rule 16 CB-4.06 wherethe impounded aAeL or the area from which
waters will be diverted' o-diverted-waters will exceed e eighty
(80) acres in the area, the Board shall cause a Notice of
Application neteie-thereee to be published at least once a
week for two consecutive weeks in a newspaper having general
circulation within the affected area. in-acerdance-wtth-the
prevs ens-ef-Pezrt-eT--Ne-inea-aetOen-sh ae -be-eaken-by-the
Beard-en-the-applieatin-witheet-heiding-e-heareng-tn-aceer-
danee-with-the-provisiens-ef-Part-Or

(2) The Board shall cause copies of such Notice of
Application to be mailed-to persons who have filed written
requests within the immediately preceding six months for
notification of any pending applications affecting the par-
ticular designated area. Such notice shall be sent by regular


SY~ V rba


w~~~tho-e-hee r------n q-enyepeeie-ft--pi*Ti-unerth
provtsiens-ef-uQ-Ra6-6B-eB4w6-where-the-npne-tiYfe


waters-wit--net-exeeed-six-hundred-Eertey-$64e0-serea-5n-areaT
etherwvie-the-Beard-shati-psev~iderfer-a-h~er&ng-B-seeerdancee
with-the-preveisins-eE-Part-9r


ew 7-18-l74




16 CB-4.073 Times for Receivina Obiections and for Hearina.--


The Geneline zo l


be a day hot sooner than fourteen (14) days after the date of
first publication of.the Notice of Application required in
16 CB-4.07. The date of hearing shall be a day not sooner
than seven (7) days thereafter.


CODING: Words
above


in struck-through type are deletions made on
date; words underlined are additions.


1' '


the' ap~1icationn 3s 'received before the nrescribed deadline, the


New 7-18-74



.1 6 CB-4.074 Perm*9 Without Rearing--If the impounded area or
he' a^"^. art gwk k jir f 1h l- b i t --A. ----^


Board~ ~ atrroeines wateon b it sietafea sueaDri


' :i


(3) Upon completion of-the work the ExeCutive Director
* shall have inspections made annually or more frequently as
deemed necessary of the diversionary facility. No person shall
refuse immediate entry or access to any authorized representative
of the Board who requests entry for purposes of such inspection
and who presents appropriate credentials.


CODING: Words in etuek-kreagh type'are deletions made on
bove date words underlined are additions.


# .-/9 ,- ..Yf- 1. '" '" ...: .


0


- "C--~~l~a~-wsrPl~-~gg~~~


*


-- :----- ------- --- -----=----~ --~------- --- --


: -i. ~---~----------


r :
,:


Board after proper invesTigation by its staff may issue a permit
without a hearing. .

R 7-18-74


16 CB-4.08 Completion Report.--Within thirty (30) days after
the completion of construction or alteration of any activity
S diveesenery-faeie&ii for which a permit was granted by the
Board, the permitted shall file witithe District a written
statement of completion of the appropriate form provided by
the Board- :


R 7-19-74

16 CB-4.09 Inspections.--

(1) During the construction or alteration of-eny-permitted
diversionary-faseitty, the Board may cause to be made at its
expense such periodic inspections.as it deems necessaryto
insure conformity:with the approved plans and specifications
included in the permit.

(2) If during construction or alteration the Board finds
that the work is not in accordance with the approved plans and
specifications as directed in the permit, it shall 1Avea:-the
S permittee written notice how. the.construction is not in com-
,plianee and shall order immediate compliance with such.plans and
specifications. failuree 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
S provisions of Rule 16 CB-4.13.


mrTf nn;cnA ~nC I.i~ rk.~ Ckd FirpC-~C6 nF nn~.li~nCinn











: '


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,


".i
'-, ./


f-,A .Y 2.-,. r 4- -23


.> ,







i ii s '4
? ". '- **


--r ~,'I~Y~Lb~r. ~.r~
..:I
r

r
r


j.K.
A rA ASS.
4 I


AA'r


Av b e are alitkoiw.


A L .. -'YI

-- I


02;v ...r;--.j.-- -


.,. ..
S.,-i s


A~~~A p jA,


Z4.


Owt" 4CliolMXV1W.'"WqR3nWV4 "flu. -"C'

sA % A W,


cDcWa W0I2a in styma-'s= typ erm deletions mad OP
.abow dmtau VINS *ce additions.


* 1 4f~l lI ,. -
A; *,. -A



I %s2~.. *.tA


I -- ,'
'







deleted 7-19-74


-IC6.-4iI- 4bedbenmentrv-
1+)--tWeHwtwpressly-exehlptedt--beere-penon-Ms 4T-wmh.at-4
A4&....k k dL -- A -- -


pururl- rwr-rnw rT/ varrwuMur nmUrnjnervrmqrj--rurrVr"9nteart-n ft
.'eam -e-ote rw ensnreouner-r- He,-ar-e-rer f viR... t. i.o...r
4iea440upPyr&WidS'tbrnd 4peundueiit-,4efr-4s-,ptet.-thn

4li-AppIM4eedtwi fn pent-p requredbby-sazio teefl r)-,tofebar
Sha.4-bei44ed-wit4-the-tMwts-Ihwt* eordsnce-wsth-thproeedure
prei4-4or 4 e-Pt d--hf4-h1-eutade-rthe-naieBfemat+Bsnes
efqu.r-fi-4r 4-6-e9-496 -().

IQ-4ho-ehrtrarelsp-nyesn-fy-penimft-wranted-unwte subneein-


Ftkftbrerens-eRWBnateaeenwdiat-sas-eiieensry-wrssrtrthrL


seehakendemned-w@bset-behemudstewardsh-nm-emi44-awhawaves


ef-te-Bis tr04et.


4)-(--idhere-H-s -deteutmld- by-the-Bfrtrlct-hat-any-


thr aTner Tr-rvrttaf-thf n-wts y arr t-t-ssaii-rmpvIrma-tit-trh- e
oener-hat-etbendoed the-<1diertsl nair Mty-aii-har-Htedrcatehd-th
same-at-thrLeshtrtt-Fer-thre-auLf-VethnePouie-f-the-Ostrl t.


(bt-'Na-st braf-We-BFruitt-uran y


ferfthe-awy-to-estdrlitat1md-drundantirdurewartappsh ad-kT
strhme-MrdetowdaridmmeMan arr
ypy- a


-trtI-1oMhntitt~rtnnnturtgsatirsautvft-dtun


facmttrowfleew-wtrsnycuttg fltM-b7-~thft-sWtrurygrt-gn~


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


2


CODING:
*


J-


16 CB-4.13 Revocation and Modification of Permits.--

(1) The Board may revoke or modify a permit at any time if
it determines, that a dam, impoundment, appurtenant work. or works
d&vevsrioa ry-ee&hbiy has become a danger to the public health
or safety or if its operation has become inconsistent with the
objectives of the District or, is in violation of any regulation
or order of the District, or the conditions of the permit.

(2) Before any such revocation or modification the Board
shall given written notification thereof by registered or certi-
fied mail to the permit holder ali-affeeted-pa&eas. Such noti-
fication shall contain a fatement of the reasons why the revo-
cation or modification Is proposed p pmiA-may-Le-seveheat mel&fued, and a reference to any applicable District objective,
regulation, order, or permit condition. An affected party may
file a written petition no later than ten (10) days after notice
.of proposed revocation pr modification is served for a hearing
in-Beereaanee-Nwth-Pftarb-. ip permit -shall be revoked or modiS-
fied,before the, permit holder amn-adeeted-party is afforded an
opportunity jfora hearing before the Board.-

(3) If the Executive Dirbctor determines that the danger
to the public is imminent, he mayorder a temporary suspension
of. the construction, alteration, or operation of the ive easswy
facility u til the hearing is concluded, or may take sich action
as autphrised under Rule .16 CB-4.16.

(4) The Board may revoke.a permit, permanently and in
whole, with the written consent of the pensittee.


J B


~I~II I I


R 7-19-74.


aI


. .. .. . .. -- ... ... ....


:----- -- -------- ---


r-- ---


...


.rr -- ...o




R 7-19-74
,


S16 C8*4- 14 Abatement.--Any dam, daPoundme appurtenant work, ;
S* or works diveeBke"eay-dae4&ty which the laws of this .
S state or which violates the standards, regulations, or orders
of the Board, or the conditions of the permit shall be declared
a public nuisance. The operation of such *vesieanary facility ,
may be enjoined by suit by the Board, or by a private citizen.
The Board shall be a necessary party to any such suit. Nothing
herein shall be constructed to conflict with the provisions of
Rule 1.6 CB-4 S :

S 7-19-74




16 CB-4.15 Remedial Measures.-

.C (1) Upon completion of any inspection provided for by
Rule 16 CB-4.094), the Executive Director shall determine what
alterations or repairs shall be made within a time certain, which
-shall b4 a reasonable time. The owner of sIcp d&vesienary .
facility shall be served with the order to make such alterations
or repairs. The holder o0 any lesser interest in such d*ve-~i
sienasy facility shall be notified by registered or certified
Smail of the order to make such alterations or repairs. The
C owner of such diveehiemaey facility may file a written petition
wC within ten (10) days after such order is served for a hearing .
before the Board_. n-aeeesdanee-with-Paeb-O It, after such
ordek becomes final, the owner of such d4veaeeenaey facility
shall fail to make the specified alterations or repairs, the
Board may in its discretion cause such alterations or repairs
to be mde,.

(2) Any cost to the District of alterations or repairs
made by if under the provisions of subsection (I) 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 reimlursed,with reasonable interest and attorney's fees, for
its costs.


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


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16 CB-4.16 Emergency Authorization for Construction e--Welke.--

(1) Permission to begin construction, alteration, or removal
of a dam. imoundment, appurtenant work, or works prior to the
issuance of a permit may be applied for, in writing, when the an
emergency condition exists which justifies we6ld-bC*6Ey such
permission. However, no such permission shall be granted
unless an application hbk-eessmeuer&e-ei-4he-werts is already
under consideration for a permit under Rule 16 CB-4.06(1).

(2) The Executive Director may grant emergency authori-
zation at his discretion. However, a serious set of unfore-
seeable and unforeseen circumstances must exist to create an
emergency. Mere carelessness or lack of planning on the part
of the applicant shall not be sufficient grounds to warrant the
granting of emergency authorization.


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


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New 7-30-74


16 CB-4.17 Emergency Measures.--


(1) The Executive Director, with the concurrene of the
Board, shall.immediately employ any remedial means to protect
life and property if either

(a) The condition of any dam, immrundment appurtenant
work, or works &iveee4lei ey-aes4iby is so dangerous to the
safety of life or property as not to permit time for the issuance
and enforcement of any order relative to its maintenance or
operation; or

(b) Passing or imminent floods threaten the safety
of any such 4iwee~6.maa facility.

(2) In applying the emergency measures provided for in
this section, the Executive Director may in an emergency do any
of the following:

(a) Lower the water level by releasing water fr6m any
lake or other impoundment.

(b) Completely empty the lake or other .impoundment.

(c) Take such other steps as may be essential t.o
safeguard life and property.

(3) The Executive Director shall continue in full charge
and control of such d &veeienaey facility until it is Ahey-se,
rendered safe or the emergency occasioning the action has
ceased.


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



/i


Proposed Amedment to

Rlles and Regulations of the

Southwest Florida Water Management District (Requlatory)

Chapter 16 CC. Florida Administrative Code



It is proposed that 16 CC-1.03(5)(c)(.ii) be amended to read:

16 CC-1.03 Construction of Water Wells and Test or
Foundation Holes.--

(5) Applications for Permitt.--

(c) "To Construct Test or Foundation ioles.--

(ii) Any contractor or engineering testing
laboratory may, in lieu of submitting applications for permit,
furnish an additional surety bond in the amount of twenty-
five thousand dollars ($25,000) ew-paees-e-hinaeeia&-ueepea-
sJib&&L y-nR-bhe-same-ameunb-ard acceptable to the Board to
ensure the Board against any infractions of District rules
or regulations or orders. The Board may, in unusual circum-
stances, such as when the $25,000 bond may not be adequate
to properly protect the water resources of the District,
prescribe any other restrictions.and may require additonalV
qualifications and bond as it deems proper.


CODINGs Words in -sesek-,hwe gh type are deletions from existing
rule.


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16 CB-0.03 Watershed Basins.--Pursuant to section 5 of Chapter
61-691, Laws of Florida, the area of the District is divided into
watershed basins to include each major stream and its tributary
streams and all lands draining therein except the area known as
the Green Swamp watershed basin.
(1) The area of the Green Swamp Basin is located in parts
of Lake, Sunter, Pasco, and Polk Counties.
(a) That portion of the Green Swamp Basin located
within Lake County is described as follows
Begin at intersection of Lake-Sumter County line with Lake-
Polk County line
Thence north along Lake-Sumter County line to northwest
corner of Section 6, Township 23 South, Range 24 Eastt
Thence east along township line to northeast corner of
Section 1, Township 23 South, Range 25 Bastj
Thence south along range line to southeast corner of Section
36, Township 23 South, Range 25 East;
Thence east along township line to Lake-Orange County lines
Thence south along Lake-Orange County line to Lake-Polk
S County lines
Thence west, north,-west, south, and west along Lake-Polk
County line to point of beginning.


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(b) That portion of the Green Swamp Basin located
within Sumter County is described as follows:
Begin at intersection of Sumter-Polk County line with Sumter-
Pasco County line;
Thence north along Sumter-Pasco County line to northwest
corner of Section 6, Township 23 South, Range 23 East;
Thence east along township line to intersection with Sumter-
Lake County line;
Thence south along Sumter-Lake County line to intersection
with.Polk-Lake County line;
Thence continue south and westerly along Sumter-Polk County
line to point of beginning.






R 7-5-74


(c) That portion of the Green aamp Basin located
within Paico County is described as foilowsa

Beg. at oputbwest oprner of Section 31, Township 25 South,
RAnge 22 east s
Thence north along range line to northwest corner of Section
6, Township 25 South, Range 22 Bast;
Thence east along township line to intersection with
Pasco-Suater County line;
Thence south along Pasco-Sumter County line to intersection
with Polk-Sunter County line;
Thence continue south and west along Pasco-Polk County line
to northwest corner of Seation 3, Township 6 south, Range
22 Best;
Thence continue west along t wnaphp le to point' f .
beginning,


(d) That portion of the Green Swaap Basin looted
within Polk County -i described as follows
Begin A southwest corner of Section 34, Township 26 South,
Range 23 East;
Thence north along range line to intersection with Polk-Pasco
County lines
Thehne continue north along Polk-Paseo County line to inter-
section with Polk-Sumter County line;
Thence easterly and north along Pok-Sumter County line to
intersection with Polk-Lake County lines
Thecdde east, nofth, east, south, and eait along Polk-Lake
County line to intersection with polk-Osceola County line;
Thence south atong Polk-Osceola County line to southeast
corner of Section 36, Township 25 South, Range 26 East;
Thence continue south along range line to southeast corner
of Section 36, Township 26 South, Range 26 East;
Thence east to northeast corner of Section 5, Township 27
South, Range 27 Bastg
Thence bouth to southeast corner of Section 32, Township 27
South, Range 27 East;
Thence West along township line to southwest corner of
Section 31, Township 27 South, Range 24 Bast;
Thence north along range line to northwest corner of Seption
p, Fownsbip 27 So'uh, Range 24 Bast?
Thebe west along township line to point of beginning.


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(2) The area of the Alafia Rive Basin is located in parts
of Billaborough and Polk Counties.

(a) That portion of the Alafia River Basin located in
Hillsborough County is described as follows. "
Begin at intersection of Hillsborough-Manatee County line
With dulf of Mexicor
Thence easterly along Hillsborough-Manatee County line to
intersection with Hilllborough-Polk County line;
Thence north along Hillaborough-Polk County line to northeast
corner of Section 25, Township 2, South, Range 22 Easts
Thence west to northwest corner of Section 27, TpwnshAp 28
South, Range 22 Eatts
Thence south to southeast corner of Section 33, Township 28
South, Range 22 Masts
Thence west to southwest corner of Section 32, Township 28
South, Range 22 East;
Thence south to southeast corner of Section 6, Township 29
South, Range 22 Easts
Thence west to southwest corner of Section 6, Township 29
South, Range 22 East;
Thence north to northeast corner of Section 1, Township 29
South, Range 21 Bast;
Thence west to northeast corner of Section 4, Township 29
South, Range 21 EBat,
Thence south to southeast corner of Section 9, Township 29
South, Range 21 Eastl
Thence west to northwest corner of Section 17, Township 29
South, Range 21 Bast;
Thence south to southwest corner of Section 17, Township 29
South, Range 21 Bast;
Thence west to southeast corner of Section 14, Township 29
South, Range 20 Bast;
SThence south to southwest corner of Section 24, Township 29
South, Range 20 Bast;


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Thence west to NMeay Bay and section line between Sections
21 and 28, Township 29 South, Range 19 East
Thence south and westerly throttghlrKay, Hilllborough, and
Tampa Bays to point of beginning.



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It 6-28-74



(b) That portion of the Alafia River Basin located
within Polk County is described as follows a
Begin at southwest corner of Bection 7, Township 32 South,
Range 2n3 East
* Thence eaat to southeast corner of Section 8, Township 32
South, Range 23 Lastr
Thence north to northwest corner of Section o9 Township 32
SSouth, Range 23 nBast
Thence east to northeast corner of S8etion 9, Township 32
.South, Range 23 Bast)
Thence north to northwest corner of Section s Township 32
South, Range 23 Bast,
Thence east to southeast corner of Section 31, Township 31
South, Range 24 Rasti
Thence north to southwest corner of Section 17, Township 31
South, Range 24 Basti
Thence east to southeast coret of Section 11, Township 31
South, Range 24 East
i Thence north to northwest corner of Section 4, Township 31
South, Range 24 Basti
S Thence east to northeast corner of Section 4, Township 31
S South, Range 24 Easty
Thence north to northeast corner of Section 4, Township 30
South, Range 24 East!
Thence west along township line to southwest corner of Section
33, Township 29 South, Range 24 Bast;
Thence north to northeast corner of Section 32, Township 29
South, Range 24 East
Thence west to southwest corner of Section 29, Township 29
South, Range 24 Basts
Thence north to northeast corner of Section 18, Township 29
South, Range 24 Basti
Then west to southwest corner of Section 7, Township 29
South, Range 24 easts


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Thence north to northeast corner of Section 25, Township 28
South, SRage 23 Bast"
Thane west to Polk-Billsborough County line
Thence south along Polk-Hillaborough County line to point of
beginning.






































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