Title: Chapter 17-40 - Rules of the Dept of Environmental Regulation's Water Policy Referred to in Memo to Members of the Task Force on Water Issues of W'm Sadowski Dated April 28, 1983
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 Material Information
Title: Chapter 17-40 - Rules of the Dept of Environmental Regulation's Water Policy Referred to in Memo to Members of the Task Force on Water Issues of W'm Sadowski Dated April 28, 1983
Physical Description: Book
Language: English
Publisher: Various Newspapers
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Chapter 17-40 - Rules of the Dept of Environmental Regulation's Water Policy Referred to in Memo to Members of the Task Force on Water Issues of W'm Sadowski Dated April 28, 1983.
General Note: Box 17, Folder 2 ( Task Force on Water Issues, Bills Passed, Articles - 1980s ), Item 26
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004083
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

LATION- --


RULES
OF THE
DEPARTMENT OF ENVIRONMENTAL
REGULATION

CHAPTER 17-40
WATER POLICY
17-40.01 Declaration and Intent.
17-40.02 Definitions.
17-40.03 General Water Policy.
17-40.04 Water Use.
17-40.05 Water Transport.
17-40.06 Water Quality.
17-40.07 Surface Water Management.
17-40.08 Minimum Flows and Levels.
17-40.09 District Water Management
Plans.
17-40.10 Review and Application.

17-40.01 Declaration and Intent.
(1) The waters of the state are among its
basic resources. Such waters should be
managed to conserve and protect natural
resources and scenic beauty and to realize the
full beneficial use of the resource. Recognizing
the importance of water to the state, the
Legislature passed the Water Risources Act,
Chapter 373, Florida Statutes."
(2) Chapter 373, Florida Statutes, provides
that the State Water Use Plan and-the Florida
Water Plan will be developed progressively as
studies are completed and as Department or
District rules and programs are developed.
(3) As a part of the State Water Use Plan,
the Department may provide such
information, directions, or objectives for the
guidance of the Districts as it deems necessary.
(4) To this end, this Chapter is intended to
clarify water policy as expressed in Chapter
373, Florida Statutes, and to otherwise provide
guidance to the Department and Districts in
the development of programs, rules, and plans.
(5) This Chapter does not repeal, amend or
otherwise alter any rule now existing or later
adopted by the Department or District.
However, procedures are included in this
Chapter which provide for the review and
modification of Department and District rules
to assure consistency with the provisions of this
Chapter.
(6) This Chapter shall be a part of the State
Water Use Plan and the Florida Water Plan.
(7) It is the intent of the Department, in
cooperation with the Water Management
Districts, to seek adequate sources of funding
to supplement District ad valorem taxes to
implement the provisions of this Chapter.
SpecificAuthority 373.026(7), 373.042, 403.805 FS.


Law Implemented 373.036 FS. History-New
5-5-81.
17-40.02 Definitions. When appearing in
this Chapter, the following words shall mean:
(1) "Department" means the Department
of Environmental Regulation.
(2) "District" means a Water
Management District created pursuant to
Chapter 373, Florida Statutes.
SpecificAuthority 373.026(7), 373.043, 403.805 FS.
Law Implemented 373.036 FS. History-New
5-5-81.
17-40.03 General Water Policy. The
following statement of general water policy
shall provide a basis for Department review of
water management programs, rules, and
plans. Water management programs, rules
and plans, where economically and
environmentally feasible, not contrary to the
public interest, and consistent with Florida
laws, shall seek to:
(1) Assure availability of an adequate and
affordable supply of water for all
reasonable-beneficial uses. Uses of water
authorized by a permit shall be limited to
reasonable-beneficial uses.
(2) Reserve from use that water necessary
to support essential non-withdrawal demands,
including navigation, recreation, and the
protection of fish and wildlife.
(3) Promote water conservation and reuse
as an integral part of water management
programs, rules, and plans. Encourage the use
of water of the lowest acceptable quality for the
purpose intended.
(4) Utilize, preserve, restore, and enhance
natural water management systems and
discourage the channelization or other
alteration of natural rivers, streams and lakes.
(5) Protect the water storage and water
quality enhancement functions of wetlands,
floodplains, and aquifer recharge areas
through acquisition, enforcement of laws, and
the application of land and water management
practices which provide for compatible uses.
(6) Mitigate adverse impacts resulting
from prior alteration of natural hydrologic
patterns and fluctuations in surface and
ground water levels.
(7) Establish minimum flows and levels to
protect water resources and the environmental
values associated with marine, estuarine,
freshwater, and wetlands ecology.
(8) Encourage non-structural solutions to
water resource problems and give adequate
consideration to non-structural alternatives
whenever structural works are proposed.
(9) Encourage the management of


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WATER POLICY


CH. 17-40











CH. 17-40 DEPARTMENT OF ENVIRONMENTAL REGULATION


floodplains and other flood hazard areas to
prevent or reduce flood damage, consistent
with establishment and maintenance of
desirable hydrologic characteristics of such
areas.
(10) Manage the construction and
operation of facilities which dam, divert, or
otherwise alter the flow of surface waters to
prevent increased flooding, soil erosion or
excessive drainage.
(11) Encourage the development of local or
regional water supplies within districts rather
than transport water across District
boundaries.
(12) Control point and non-point sources of
water pollution to the greatest degree feasible
as provided in Chapters 17-3, and 17-6, F. A.
C.
(13) Develop interstate agreements and
undertake cooperative programs with
Alabama and Georgia to provide for
coordinated management of surface and
ground waters.
Specific Authority 373.026, 373.043, 403.805 FS.
Law Implemented 373 FS. History-New 7-1-81.
17-40.04 Water Use. The following shall
apply to those areas where the use of water is
regulated pursuant to Part II of Chapter 373,
Florida Statutes:
(1) No permit shall be granted to authorize
the use of water unless the applicant
establishes that the proposed use is a
reasonable-beneficial use, will not interfere
with presently existing legal uses of water and
is consistent with the public interest.
(2) In determining whether a water use is a
reasonable-beneficial use, consideration
should be given to any evidence presented
concerning the following factors:
(a) The quantity of water requested for the
use;
(b) The demonstrated need for the use;
(c) The suitability of the use to the source of
water;
(d) The purpose and value of the use;
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm
by adjusting the quantity or method of use;
(g) Whether the impact of the withdrawal
extends to land not owned or legally controlled
by the user;
(h) The method and efficiency of use;
(i) Water conservation measures taken or
available to be taken;
(j) The practicality of reuse, or the use of
waters of more suitable quality;
(k) The present and projected demand for
the source of water;


(1) The long term yield available from the
source of water;
(m) The extent of water quality
degradation caused;
(n) Whether the proposed use would cause
or contribute to flood damage;
(o) Whether the proposed use would
significantly induce salt water intrusion; and
(p) The amount of water which can be
withdrawn without causing harm to the
resource.
(q) Other relevant factors.
(3) Water shall be reserved from permit
use in such locations and quantities, and for
such seasons of the year, as in the judgment of
the Department or District may be required
for the protection of fish and wildlife or the
public health or safety.
(4) Conservation of water shall be a
requirement unless not economically or
environmentally feasible.
Specific Authority 373.026, 373.043, 403.805 FS.
Law Implemented 373.036, Part II, 373 FS.
History-New 5-5-81.
17-40.05 Water Transport. The following
shall apply to the transfers of water where such
transfers are regulated pursuant to Part II of
Chapter 373, Florida Statutes:
(1) The transport or use of water across
District boundaries shall require approval of
each involved District.
(2) In deciding whether the transport and
use of water across District boundaries is
consistent with the public interest pursuant to
Section 373.223, Florida Statutes, the Districts
should consider the extent to which:
(a) Comprehensive water conservation
and reuse programs are implemented and
enforced in the area of need.
(b) The major costs, benefits, and
environmental impacts have been adequately
determined including the impact on both the
supplying and receiving areas;
(c) The transport is an environmentally
and economically acceptable method to supply
water for the given purpose;
(d) The present and projected water needs
of the supplying area are reasonably
determined and can be satisfied even if the
transport takes place;
(e) The transport plan incorporates a
regional approach to water supply and
distribution including, where appropriate,
plans for eventual interconnection of water
supply sources; and
(f) The transport is otherwise consistent
with the public interest based upon evidence
presented.
Specific Authority 373.026, 373.043, 403.805 FS.


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WATER POLICY


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Law Implemented 373.036, Part II, 373 FS.
History-New 5-5-81.
17-40.06 Water Quality.
(1) Water quality standards shall be
enforced pursuant to Chapter 403, Florida
Statutes, to protect waters of the State from
point and non-point sources of pollution.
(2) State water quality standards adopted
by Department rule shall be a part of the
Florida Water Plan.
Specific Authority 403.061, 373.026, 373.043,
403.805 FS. Law Implemented 373.036, 373.039,
403.021 FS. History-New 5-5-81.
17-40.07 Surface Water Management.
The following shall apply to the regulation of
surface waters pursuant to Part IV, Chapter
373, Florida Statutes.
(1) The construction and operation of
facilities which manage or store surface waters,
or other facilities which drain, divert,
impound, discharge into, or otherwise,impact
waters in the State, and the improvements
served by such facilities, shall not be harmful to
water resources or inconsistent with the
objectives of the Department or District.
(2) In determining the harm to water
resources and consistency with the objectives of
the Department or District, consideration
should be given to:
(a) The impact of the facilities on:
(i) recreation,
(ii) navigation,
(iii) water quality,
(iv) fish and wildlife,
(v) wetlands, floodplains, and other
environmentally sensitive lands,
(vi) saltwater or pollution intrusion,
including any barrier line established
pursuant to Section 373.033, Florida Statutes,
(vii) reasonable-beneficial uses of water,
(viii) minimum flows and levels established
pursuant to Section 373.042, Florida Statutes,
and
(ix) other factors relating to the public
health, safety, and welfare;
(b) Whether the facilities meet applicable
design or performance standards;
(c) Whether adequate provisions exist for
the continued satisfactory operation and
maintenance of the facilities;
(d) The ability of the facilities and related
improvements to avoid increased damage to
offsite property or the public caused by:
(i) floodplain development, encroachment
or other alteration,
(ii) retardance, acceleration or diversion of
flowing water,
(iii) reduction of natural water storage


*1


areas,
(iv) facility failure, or
(v) other actions adversely impacting offsite
water flows or levels.
Speciic Authority 373.026, 373.043, 403.805 FS.
Law Implemented 373.036, Part IV, 373 FS.
History-New 5-5-81.
17-40.08 Minimum Flows and Levels.
(1) In establishing minimum flows and
levels pursuant to Section 373.042,
consideration shall be given to the protection of
water resources, natural seasonal fluctuations
in water flows or levels, and environmental
values associated with coastal, estuarine,
aquatic, and wetlands ecology, including:
(a) Recreation in and on the water;
(b) Fish and wildlife habitats and the
passage of fish;
(c) Estuarine resources;
(d) Transfer of detrital material;
(e) Maintenance of freshwater storage and
supply;
(f) Aesthetic and scenic attributes;
(g) Filtration and absorption of nutrients
and other pollutants;
(h) Sediment loads;
(i) Water quality; and
(j) Navigation.
(2) Established minimum flows and levels
shall be a consideration where relevant to:
(a) The construction and operation of
water resource projects.
(b) The issuance of permits pursuant to
Part II, Part IV, and Section 373.086, Florida
Statutes.
(c) The declaration of a water shortage
pursuant to Section 373.175 or Section
373.246, Florida Statutes.
Specific Authority 373.026, 373.043, 403.805 FS.
Law Implemented 373.036, 373.042, 373.086,
373.175, 373.246 FS. History-New 5-5-81.
17-40.09 District Water Management
Plans.
(1) A water management plan shall be
prepared by each District which is consistent
with the provisions of this Chapter and Section
373.036, Florida Statutes. The plan shall
identify specific geographical areas where
water resource problems have reached critical
levels.
(2) A course of remedial action shall be
specified for each critical problem.
(3) Measures may include, but are not
limited to, water resource projects; water
resources restoration projects pursuant to
Section 403.0615, Florida Statutes; purchase
of lands; enforcement of Department or
District rules; and actions taken by local











CH. 17-40 DEPARTMENT OF ENVIRONMENTAL REGULATION


government pursuant to a Local Government
Comprehensive Plan, local ordinance, or
zoning regulation.
(4) District Plans shall also provide for
identifying areas where collection of data,
water resource investigations, water resource
projects, or the implementation of regulatory
programs are necessary to prevent water
resource problems from reaching critical
levels.
Specific Authority 373.026, 373.043, 403.805 FS.
Law Implemented 373.036, 373.033, 373.042,
373.106, 373.114 FS. History-New 5-5-81.
17-40.10 Review and Application.
(1) This Chapter shall be reviewed
periodically, but in no case less frequently than
once every four years. Revisions, if any, shall
be adopted by rule.
(2) Within 12 months after adoption or
revision of this Chapter, the Department, in
coordination with the Districts, shall review
existing rules for consistency with the
provisions contained herein.
(3) District rules adopted after this
- Chapter takes effect shall be reviewed by the
Department for consistency with this Chapter.
(4) At the request of the Department, each
District shall initiate rulemaking pursuant to
Chapter 120, Florida Statutes, to consider
changes the Department determines to be
necessary to assure consistency with this
Chapter. The Department shall be made a
party to the proceeding.
(5) District water policies may be adopted
which are consistent with this Chapter, but


which take into account differing regional
water resource characteristics and needs.
(6) A District shall initiate rulemaking to
consider implementation of programs
pursuant to Sections 373.033, 373.042,
373.106, Part II, Part III, or Part IV of
Chapter 373, Florida Statutes, where the
Department or District determines that
present or projected conditions of water
shortages, saltwater intrusion, flooding,
drainage, or other water resource problems,
prevent or threaten to prevent the achievement
of reasonable-beneficial uses, the protection of
fish and wildlife, or the attainment of other
water policy directives.
(7) The Department and Districts shall
assist other governmental entities in the
development of plans, ordinances, or other
programs to promote consistency with this
Chapter and District water management
plans.
., (8) Duplication of water quality and
quantityy permitting functions should be
eliminated where appropriate through
delegation of Department responsibilities to
Districts.
(9) The Department and Districts should
assist educational institutions in the
development of educational curricula and
research programs which meet Florida's
present and future water management needs.
Specific Authority 373.026, 373.043, 403.805 FS.
Law Implemented 373.036, 373.033, 373.042,
373.106, 373.114 FS. History-New 5-5-81.


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