Title: SWFWMD - Laws, Rules and Regulations
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Permanent Link: http://ufdc.ufl.edu/WL00004112/00001
 Material Information
Title: SWFWMD - Laws, Rules and Regulations
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - SWFWMD - Laws, Rules and Regulations (JDV Box 54)
General Note: Box 17, Folder 4 ( SWFWMD, Citrus Co. Zoning, Interbasin Transfers - 1980 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004112
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






EST. I
1 9 6 1 .... :



4GEM7

The Laws, Rules
'And Regulations
Of The
Southwest Florida
Water Management
District


II I








RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 16J-0

GENERAL


PART 0 General


16J-0.001
16J-0.01
16J-0.02
16J-0.03
16J-0.10
16J-0.11
16J-0.111
16J-0.12

16J-0.13
16J-0.14
16J-0.15
16J-0.20
16J-0.30
16J-0.40


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 Rate of Flows and Levels
Publication and Notice
Hearings, Meetings, and Agendas
Forms and Instructions


16J-0.001 Description of Organization.
(1) The Southwest Florida Water Management
District was created by Chapter 61-691, Laws of
Florida, as a public corporation for carrying out and
effectuating the provisions of Chapter 378, Florida
Statutes. Other than as provided in Chapter 61-691,
Laws of Florida, the District operates under and is
governed by the provisions of Chapter 373, Florida
Statutes.
(2) The District boundaries presently
encompass all or part of fifteen (15) counties as
listed below:


Charlotte
Citrus
DeSoto
Gilchrist
Hardee
Hernando
Hillsborough


S Lake
Levy
Marion
Orange
Pasco
Pinellas
Polk


Sumter


(3) 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
contracts 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.
S(b) The District has assumed responsibility for
planning, constructing, and operating necessary water
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 Board into watershed
basins as described in Rule 16J-0.03. By 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 (1)
representative from each of the included counties in
the basin who are appointed by the Governor.
Watershed basins, including all or part of two (2)
counties only, or wholly contained in one (1) county,
shall have boards of three (3) members.
(6) The member of the Governing Board
representing the basin or representing the area
including the basin shall serve as ex officio chairman
of the basin water management board. The ex officio
chairman shall preside at all meetings of the basin
water management board, except that the vice
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.
(7)(a) The District maintains a headquarters
for all District and Basin matters at its offices on U.S.
41, seven (7) miles south of Brooksville, Florida, or
b mail to P.O. Box 457, Brooksville, Florida 33512.
e public may obtain information or make
submissions or requests in person at District
headquarters or by mail to the above address.
Telephone service is maintained in the Brooksville
exchange area. Current telephone numbers are listed
in the telephone directories.
(b) Branch offices, temporary field offices and
operations' centers are maintained throughout the
District for greater efficiency, especially relating to
acquisition, construction, maintenance, and
operation.
(c) The District maintains office hours at its
headquarters Monday through Friday of each week,


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GENERAL


CHAPTER 16J-0


Supp. No. 53







CHAPTER 16J-O GENERAL Supp. No. 53


except for officially sanctioned holidays, from 8:00
A.M. until 5:00 P.M.
(8) All forms and instructions used by the
District relating to all procedures other than
internal-administrative and ministerial have been
approved by the Governing Board and are set forth in
full in Rule 16J-0.40. The nature and requirements of
all formal and informal procedures are set forth
throughout these Rules in the respective parts.
(9) Unless otherwise prescribed by law or in
these Rules, the Executive Director, or any Governing
Board member, with the concurrence of the
Chairman of the Governing Board, shall determine
whether each hearing shall be conducted before the
Governing Board, before a member of the Governing
Board, or before a Hearing Officer assigned by the
Division of Administrative Hearings of the
Department of Administration of the State of
Florida. If any member of the Board objects to such
determination, the matter will be presented to the
Board for further consideration. All hearings will be
conducted pursuant to Chapter 373, Florida Statutes,
and to these Rules and, in the absence of applicable
provisions herein, pursuant to the provisions of the
Administrative Procedure Act.
(10) Any person substantially affected by an
agency Rule may seek a declaratory statement;
provided however, only those persons whose rights,
privileges, and immunities are directly affected may
be considered "substantially affected."
(a) The petition seeking a declaratory
statement shall be filed in writing with the District.
(b) The petition shall set forth the following:
1. Name of Petitioner.
2. Address of Petitioner.
3. District Rule on which declaratory
statement is sought.
4. Description of how this Rule affects or does
not affect petitioner's rights, privileges, and
immunities.
5. Signature of Petitioner.
6. Date signed.
(c) A declaratory statement is a means for
determining the rights of parties when a controversy,
or when doubt concerning the applicability of any
Rule or order has arisen before any wrong has
actually been committed. The potential for impact
upon petitioner's rights, privileges, and immunities
must exist in order for petitioner to show the
involvement of his substantial interests and the
existence of a controversy.
(d) The Governing Board may at its discretion,
or upon request, hold a hearing to dispose of a
petition submitted pursuant to this section.
(e) A Governing Board order disposing of the
petition shall be rendered at the next regular monthly
meeting of the Governing Board held not less than
twenty-one (21) days after receipt of the petition;
provided however, if a hearing is granted, the
Governing Board order disposing of the petition shall
be rendered at the regular monthly meeting of the
Governing Board following the hearing conclusion, if
the meeting was conducted before the Governing
Board; otherwise, the Governing Board order will be
rendered at the next regular monthly meeting of the
Governing Board held not less than fourteen (14)
days after the recommended order is received by the
Executive Director for distribution to all members of
the Governing Board.


General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.069 FS, 61-691, Laws of Florida.
History-Readopted 10-5-74, Amended 12-31-74.

16J-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 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 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.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.016 FS. History-Readopted 10-5-74.
16J-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. Terms which apply to only one
(1) part of these Rules are defined in the respective
part.
(1) "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.
(2) "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.
(3) "Board" means the Governing Board.
(4) "Consumptive use" means any use of water
which reducthes u the s y from which iis withdrawn
or diverted.
(5) "District" means the Southwest Florida
Water Management District.
(6) "Domestic use" means any use of water for
individual personal needs or for household purposes
such as drinking, bathing, heating, cooking, or
sanitation. Subsection 373.019(7) FS.
(7) "Executive Director" means the Executive
Director of the District or the person designated by
the Board to act in his absence.
(8) "Governing Board" means the Governing
Board of Southwest Florida Water Management
District.
(9) "Impoundment" means any natural or
man-made lake, reservoir, pond, or other containment
of water occupying a bed or depression in the earth's
surface and having a discernible shoreline.
(10) "Minimum rate of flow" means the limit at
which further withdrawals from a stream or other
watercourse would be significantly harmful to the
water resources or ecology of the area.
(11) "Minimum level" means the level of the
water table or of the potentiometric surface of water
in an aquifer or the level of surface water at which
further withdrawals would be significantly harmful to
the water resources of the area.
(12) "Other watercourse" means any canal,


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GENERAL







Supp. No. 51 GENERAL CHAPTER 16J-O


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. Subsection 373.019(13) FS.
(13) "Otherwise control" means any
contractual right, rental agreement, license, or permit
from an owner which an applicant has to exercise
authority over certain property, especially insofar as
it relates to the water resources of the property.
(14) "Person" means any and all persons,
natural or artificial, including any individual, firm,
association, organization, partnership, business trust,
corporation, company, the United States of America,
and the State and all political subdivisions, regions,
districts, municipalities, and public agencies thereof.
The enumeration herein is not intended to be
exclusive or exhaustive. Subsection 373.019(6) S.

(15)' "Reasonable-beneficial use" means the
use of water in such quantity as is necessary for
economic and efficient utilization for a purpose and
in a manner which is both reasonable and consistent
with the public interest. Subsection 373.019(5) FS.
(16) "Reservoir" means any artificial or
natural holding area which contains or will contain
the water impounded by a dam. Subsection
373.403(4) FS.
(17) "Stream" means any river, creek, slough,
or natural watercourse.
(18) "Water" or "waters in the District" means
any and all water on or beneath the surface of the
ground or in the atmosphere, including natural or
artificial watercourses, lakes, ponds, or diffused
surface water and water percolating, standing, or
flowing beneath the surface of the ground, as well as
all coastal waters within the jurisdictions of the
District.
(19) "Water Regulatory District" means the
Southwest Florida Water Management District
(Regulatory) created October 30, 1968, Pursuant to
authority of Chapter 373, Florida Statutes.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.019, 373.403, 373.339 FS.
History-Readopted 10-5-74, Amended 12-31-74.


16J-0.03 Watershed Basins. Pursuant to section
5 of Chapter 61-691, Law 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, Sumter, 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 East;
Thence east along township line to northeast
corner of Section 1, Township 23 South, Range 25
East;
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 line;
Thence south along Lake-Orange County line to
Lake-Polk County line;
Thence west, north, west, south, and west along
Lake-Polk County line to point of beginning.
(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 southerly and westerly along
Sumter-Polk County line to point of beginning.


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CHAPTER 16J-0


Supp. No. 51


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Supp. No. 49 GENERAL CHAPTER 16J-O


* (c) That portion of the Green Swamp Basin
located within Pasco County is described as follows:
Begin at southwest corner of Section 31,
Township 25 South, Range 22 East;
Thence north along range line to northwest
corner of Section 6, Township 25 South, Range 22
East;
Thence east along township line to intersection
with Pasco-Sumter County line;
Thence south along Pasco-Sumter County line
to intersection with Polk-Sumter County line;
Thence continue south and west along
Pasco-Polk County line to northwest corner of
Section 3, Township 26 South, Range 22 East;
Thence continue west along township line to
point of beginning.
(d) That portion of the Green Swamp Basin
located within Polk County is described as follows:
Begin at southwest corner of Section 31,
Township 26 South. Range 23 East;
Thence north along range line to intersection
with Polk-Pasco County line;
Thence continue north along Polk-Pasco
County line to intersection with Polk-Sumter County
line;
Thence easterly and northerly along Polk-Sumter
County line to intersection with Polk-Lake County
line;
Thence east, north, east, south, and east along
Polk-Lake County line to intersection with
Polk-Osceola County line;
Thence south along 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 East;
Thence south 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
East;
Thence north along range line to northwest
corner of Section 6, Township 27 South, Range 24
East;
Thence west along township line to point of
beginning.
(2) The area of the Alafia River Basin is
located in parts of Hillsborough 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 Gulf of Mexico;
Thence easterly along Hillsborough-Manatee
County line to intersection with Hillsborough-Polk
County line;
Thence north along Hillsborough-Polk County
line to northeast corer of Section 25, Township 28
South, Range 22 East;
Thence west to northwest corner of Section 27,
Township 28 South, Range 22 East;
Thence south to southeast corner of Section
33, Township 28 South, Range 22 East;
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 East;
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 East;
Thence west to northeast corner of Section 4,
Township 29 South, Range 21 East;
Thence south to southeast corner of Section 9,
Township 29 South, Range 21 East;
Thence west to northwest corner of Section 17,
Township 29 South, Range 21 East;
Thence south to southwest corner of Section
17, Township 29 South, Range 21 East;
Thence west to southeast corner of Section 14,
Township 29 South, Range 20 East;
Thence south to southwest corner of Section
24, Township 29 South, Range 20 East;
Thence west to McKay Bay and section line
between Sections 21 and 28, Township 29 South,
Range 19 East;
Thence southerly and westerly through McKay,
Hillsborough, and Tampa Bays to point of beginning.
(b) That portion of the Alafia River Basin
located within Polk County is described as follows:
Begin at southwest corner of Section 7,
Township 32 South, Range 23 East;
Thence east to southeast corner of Section 8,
Township 32 South, Range 23 East;
Thence north to northwest corner of Section 9,
Township 32 South, Range 23 East;
Thence east to northeast corner of Section 9,
Township 32 South, Range 23 East;
Thence north to northwest corner of Section 3,
Township 32 South, Range 23 East;
Thence east to southeast corner of Section 31,
Township 31 South, Range 24 East;
Thence north to southwest corner of Section
17, Township 31 South, Range 24 East;
Thence east to southeast corner of Section 17,
Township 31 South, Range 24 East;
Thence north to northwest corner of Section 4,
Township 31 South, Range 24 East;
Thence east to northeast corner of Section 4,
Township 31 South, Range 24 East;
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
East;
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 East;
Thence north to northeast corner of Section
18, Township 29 South, Range 24 East;
Thence west to southwest corner of Section 7,
Township 29 South, Range 24 East;
Thence north to northeast corner of Section
25, Township 28 South, Range 23 East;
Thence west to Polk-Hillsborough County line;
Thence south along Polk-Hillsborough County
line to point of beginning.
(3) The area of the Crystal-Homosassa River
Basin is located entirely within Citrus County and is
described as follows:
Begin at intersection of Citrus-Hernando
County line with Gulf of Mexico;
Thence east along Citrus-Hernando County line
to southeast corner of Section 11, Township 21
South, Range 19 East;


Supp. No. 49


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CHAPTER 16J-0






CHAPTER l6J-O GENERAL Supp. No. 49


Thence north to northeast corner of Section
11, Township 21 South, Range 19 East;
Thence west to southwest corner of Section 2,
Township 21 South, Range 19 East;
Thence north to northwest corner of Section
35, Township 20 South, Range 19 East;
Thence east to southeast corner of Section 26,
Township 20 South, Range 19 East;
Thence north to northeast corner of Section
23, Township 20 South, Range 19 East;
Thence west to southwest corner of Section 15,
Township 20 South, Range 19 East;
Thence north to northeast corner of Section 4,
Township 20 South, Range 19 East;
Thence west to southwest corner of Section 33,
Township 19 South, Range 19 East;
Thence north to northeast corner of Section 6,
Township 19 South, Range 19 East;
Thence west to southwest corner of Section 31,
Township 18 South, Range 19 East;
Thence north to northeast corner of Section
25, Township 18 South, Range 18 East;
Thence west to southwest corner of Section 21,
Township 18 South, Range 18 East;
Thence north to northeast corner of Section
17, Township 18 South, Range 18 East;
Thence west to southwest corner of Section 8,
Township 18 South, Range 18 East;
Thence north to northeast corner of Section 7,
Township 18 South, Range 18 East;
Thence west to southwest corner of Section 6,
Township 18 South, Range 18 East;
Thence north to northeast corner of Section 1,
Township 18 South, Range 17 East;
Thence west to southwest corner of Section 31,
Township 17 South, Range 17 East;
Thence north to northeast corner of Section
36, Township 17 South, Range 16 East;
Thence west to southwest corner of Section 25,
Township 17 South, Range 16 East;
Thence north to northeast corner of Section
23, Township 17 South, Range 16 East;
Thence west to Gulf of Mexico;
Thence south along coast of Gulf of Mexico to
point of beginning.
(4) The area of the Hillsborough River Basin is
located in parts of Hillsborough, Polk, Pasco, and
Hernando Counties.
(a) That portion of the Hillsborough River
Basin located within Hillsborough County is
described as follows:
Begin at intersection of section line between
Sections 33 and 34, Township 30 South, Range 18
East, with Tampa Bay;
Thence north to northwest corner of Section
27, Township 28 South, Range 18 East;
Thence east to southeast corner of Section 22,
Township 28 South, Range 18 East;
Thence north to northwest corner of Section
23, Township 28 South, Range 18 East;
Thence east to southeast corner of SW 1/4 of
Section 14, Township 28 South, Range 18 East;
Thence north to northwest corner of NE 1/4 of
Section 2, Township 28 South, Range 18 East;
Thence east to southeast corner of SW 1/4 of
Section 36, Township 27 South, Range 18 East;
Thence north to northeast corner of NW 1/4 of
Section 25, Township 27 South, Range 18 East;


Thence west to southeast corner of SW 1/4 of
SW 1/4 of Section 24, Township 27 South, Range 18
East;
Thence north to northeast corner of NW 1/4 of
NW 1/4 of Section 13, Township 27 South, Range 18
East;
Thence east to southeast corner of SW 1/4 of
Section 12, Township 27 South, Range 18 East;
Thence north to Hillsborough-Pasco County
line;
Thence east along Hillsborough-Pasco County
line to intersection with Pasco-Polk County line;
Thence continue east and south along
Hillsborough-Polk County line to southeast corner of
Section 24, Township 28 South, Range 22 East;
Thence west to northwest corner of Section 27,
Township 28 South, Range 22 East;
Thence south to southeast corner of Section
33, Township 28 South, Range 22 East;
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 East;
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 East;
Thence west to northeast corner of Section 4,
Township 29 South, Range 21 East;
Thence south to southeast corner of Section 9,
Township 29 South, Range 21 East;
Thence west to northwest corner of Section 17,
Township 29 South, Range 21 East;
Thence south to southwest corner of Section
17, Township 29 South, Range 21 East;
Thence west to southeast corner of Section 14,
Township 29 South, Range 20 East;
Thence south to southwest corner of Section
24, Township 29 South, Range 20 East;
Thence west to McKay Bay and section line
between Sections 21 and 28, Township 29 South,
Range 19 East;
Thence southerly and westerly through McKay,
Hillsborough, and Tampa Bays to point of beginning.
(b) That portion of the Hillsborough River
Basin located within Polk County divides into two
separate parts.
1. The first part of the portion of the
Hillsborough River Basin located within Polk County
is described as follows:
Begin at southwest corner of Section 19,
Township 28 South, Range 23 East;
Thence north along Hillsborough-Polk County
line to northwest corner of Section 6, Township 27
South, Range 23 East;
Thence east to northeast corner of Section 1,
Township 27 South, Range 23 East;
Thence south to southeast corner of Section
12, Township 27 South, Range 23 East;
Thence west to northwest corner of Section 13,
Township 27 South, Range 23 East;
Thence south to southeast corner of Section
14, Township 27 South, Range 23 East;
Thence west to northwest corner of Section 23,
Township 27 South, Range 23 East;
Thence south to southwest corner of Section 2,
Township 28 South, Range 23 East;
Thence east to northeast corner of Section 11,
Township 28 South, Range 23 East;


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Supp. No. 49






CHAPTER 16J-0


Thence south to southwest corner of Section
13, Township 28 South, Range 23 East;
Thence east to northeast corner of Section 24,
Township.28 South, Range 23 East;
Thence south to southeast corner of Section
24, Township 28 South, Range 23 East;
Thence west to point of beginning.
2. The second part of the portion of the
Hillsborough River Basin located within Polk County
is described as follows:
Begin at southeast corer of Section 36,
Township 26 South, Range 22 East;
Thence west along Polk-Hillsborough County
line to intersection with Polk-Pasco County line;
Thence north and east along Polk-Pasco County
line to northeast corner of Section 1, Township 26
South, Range 22 East;
Thence south to point of beginning.
(c) That portion of the Hillsborough River
Basin located within Pasco County is described as
follows:
Begin at southwest corner of Section 36,
Township 26 South, Range 18 East;
Thence north to northwest corner of Section
13, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 12,
Township 25 South, Range 18 East;
Thence north to northwest corner of Section 7,
Township 25 South, Range 19 East;
Thence east to southeast corner of Section 6,
Township 25 South, Range 19 East;
Thence north to northwest corner of Section 5,
Township 25 South, Range 19 East;
SThence east to southeast corner of Section 33,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
34, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 27,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
26, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 23,
Township 24 South, Range 19 East;
Thence north to Pasco-Hernando County line;
Thence east along Pasco-Hernando County line
to northeast corner of Section 2, Township 24 South,
Range 20 East;
Thence south to southwest corner of Section 1,
Township 25 South, Range 20 East;
Thence east to Northeast corner of Section 12,
Township 25 South, Range 20 East;
Thence south to southwest corner of Section
18, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 19,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
20, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 29,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
28, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 36,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
31, Township 25 South, Range 22 East;
Thence east to northeast corner of Section 4,
Township 26 South, Range 22 East;
* Thence south along Pasco-Polk County line to
intersection with Pasco-Hillsborough County line;


Thence west along Pasco-Hillsborough County
line to point of beginning.
(d) That portion of the Hillsborough River
Basin located within Hernando County is described as
follows:
Begin at southwest corner of Section 36,
Township 23 South, Range 19 East;
Thence north to northwest corner of Section
25, Township 23 South, Range 19 East;
Thence east to southeast corner of Section 21,
Township 23 South, Range 20 East;
Thence north to northwest corner of Section
22, Township 23 South, Range 20 East;
Thence east to northeast corner of Section 24,
Township 23 South, Range 20 East;
Thence south to southeast corner of Section
25, Township 23 South, Range 20 East;
Thence west to northwest corner of Section 36,
Township 23 South, Range 20 East;
Thence south to Hernando-Pasco County line.
Thence west along Hernando-Pasco County line
to point of beginning.
(5) The area of the Northwest Hillsborough
Basin is located entirely within Hillsborough County
and is described as follows:
Begin at the point on the Hillsborough-Pinellas
County line one mile south of Road 60 in Old Tampa
Bay;
Thence north along Hillsborough-Pinellas
County line to northwest corner of Section 6,
Township 27 South, Range 17 East;
Thence east along Hillsborough-Pasco County
line to northeast corner of NW 1/4 of Section 1,
Township 27 South, Range 18 East;
Thence south to southeast corner of SW 1/4 of
Section 12, Township 27 South, Range 18 East;
Thence west to northwest corner of NE 1/4 of
NW 1/4 of Section 13, Township 27 South, Range 18
East;
Thence south to northeast corner of NW 1/4 of
NW 1/4 of Section 25, Township 27 South, Range 18
East;
Thence east to northwest corner of NE 1/4 of
Section 25, Township 27 South, Range 18 East;
Thence south to southeast corner of SW 1/4 of
Section 36, Township 27 South, Range 18 East;
Thence west to northeast corner of NW 1/4 of
Section 2, Township 28 South, Range 18 East;
Thence south to southeast corner of SW 1/4 of
Section 14, Township 28 South, Range 18 East;
Thence west to northeast corner of Section 22,
Township 28 South, Range 18 East;
Thence south to southeast corner of Section
22, Township 28 South, Range 18 East;
Thence west to northwest corner of Section 27,
Township 28 South, Range 18 East;
Thence south to intersection of section line
between Sections 33 and 34, Township 30 South,
Range 18 East with Tampa Bay;
Thence westerly in Tampa Bay to
Hillsborough-Pinellas County line;
Thence northerly and westerly in Tampa Bay
along Hillsborough-Pinellas County line to point of
beginning.
(6) The area of the Oklawaha River Basin is
located within parts of Orange, Lake, and Marion
Counties.
(a) That portion of the Oklawaha River Basin
located within Orange County is described as follows:


Supp. No. 49


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CHAPTER 16J-O GENERAL Supp. No.49


Begin at southwest corner of Section 7,
Township 23 South, Range 27 East;
Thence eastward to southeast corner of Section
11, Township 23 South, Range 27 East;
Thence northward to northwest corner of
Section 1, Township 23 South, Range 27 East;
Thence eastward to southeast corner of Section
31, Township 22 South, Range 28 East;
Thence northward to northeast corner of
Section 30, Township 22 South, Range 28 East;
Thence west to northwest corner of Section 30,
Township 22 South, Range 28 East;
Thence north to northeast corner of Section
13, Township 22 South, Range 27 East;
Thence east to southeast corner of Section 7,
Township 22 South, Range 28 East;
Thence north to northwest corner of Section
20, Township 21 South, Range 28 East;
Thence east to southeast corner of Section 17,
Township 21 South, Range 28 East;
Thence north to northeast corner of Section
32, Township 20 South, Range 28 East;
Thence west to northwest corner of Section 31,
Township 20 South, Range 28 East;
Thence south to southeast corner of Section
36, Township 20 South, Range 27 East;
Thence west to southwest corner of Section 35,
Township 20 South, Range 27 East;
Thence north to Orange-Lake County line;
Thence west and south along Orange-Lake
County line to point of beginning.
(b) That portion of the Oklawaha River Basin
located within Lake County is described as follows:

Begin at southwest comer of Section 18,
Township 21 South, Range 24 East;
Thence east to northeast corner of Section 21,
Township 21 South, Range 24 East;
Thence south to southeast corner of Section
21, Township 21 South, Range 24 East;
Thence east to northeast corer of Section 27,
Township 21 South, Range 24 East;
Thence south to southeast corner of Section
27, Township 21 South, Range 24 East;
Thence east to northeast corner of Section 35,
Township 21 South, Range 24 East;
Thence south to southwest corner of Section
13, Township 22 South, Range 24 East;
Thence east to southeast corner of Section 13,
Township 22 South, Range 24 East;
Thence south to southwest corner of Section
31, Township 22 South, Range 25 East;
Thence east to northeast corner of Section 1,
Township 23 South, Range 25 East;
Thence south to southwest corner of Section
31, Township 23 South, Range 26 East;
Thence east to Lake-Orange County line;
Thence north and east along Lake-Orange
County line to southeast corner of Section 36,
Township 19 South, Range 27 East;
Thence north to northeast corner of Section 1,
Township 19 South, Range 27 East;
Thence west to southwest corner of Section 31,
Township 18 South, Range 27 East;
Thence north to northeast corner of Section 1,
Township 18 South, Range 26 East;
Thence west along Lake-Marion County line to
Lake-Sumter County line;


Thence south along Lake-Sumter County line
to point of beginning.
(c) That portion of the Oklawaha River Basin
located within Marion County is described as follows:
Begin at southwest corner of Section 31,
Township 17 South, Range 23 East;
Thence east along Marion-Citrus County line to
intersection with Lake-Citrus County line;
Thence east along Marion-Lake County line to
southeast corer of Section 34, Township 17 South,
Range 26 East;
Thence north to northeast corner of Section 15,
Township 17 South, Range 26 East;
Thence west to southwest corner of Section 7,
Township 17 South, Range 26 East;
Thence north along range line between Ranges
25 and 26 East, to northeast corner of Section 1,
Township 15 South, Range 25 East;
Thence west to southwest corner of Section 31,
Township 14 South, Range 25 East;
Thence north along range line between Ranges
24 and 25 East, to the Marion-Putnam County line
(Oklawaha River);
Thence west along Marion-Putnam County line
to intersection with Alachua-Putnam County line;
Thence westerly along Marion-Alachua County
line to northwest corner of Section 6, Township 12
South, Range 21 East;
Thence south to southwest corner of Section
30, Township 13 South, Range 21 East;
Thence east to southeast corner of Section 28,
Township 13 South, Range 21 East;
Thence north to northwest corner of Section
27, Township 13 South, Range 21 East;
Thence east to northeast corner of Section 25,
Township 13 South, Range 21 East;
Thence south to southeast corner of Section
36, Township 13 South, Range 21 East;
Thence west to northeast corner of Section 2,
Township 14 South, Range 21 East;
Thence south to southeast corner of Section 2,
Township 14 South, Range 21 East;
Thence west to southwest corner of Section 2,
Township 14 South, Range 21 East;
Thence south to southwest corner of Section
35, Township 14 South, Range 21 East;
Thence east to southeast corner of Section 35,
Township 14 South, Range 21 East;
Thence south to southwest corner of Section 1,
Township 15 South, Range 21 East;
Thence east to southeast corner of Section 1,
Township 15 South, Range 21 East;
Thence south to southwest corner of Section 7,
Township 16 South, Range 22 East;
Thence east to northeast corner of Section 18,
Township 16 South, Range 22 East;
Thence south to southwest corner of Section
29, Township 16 South, Range 22 East;
Thence east to northeast corner of Section 34,
Township 16 South, Range 22 East;
Thence south to southwest corner of Section 2,
Township 17 South, Range 22 East;
Thence east to northeast corner of Section 12,
Township 17 South, Range 22 East;
Thence to point of beginning.
(7) The area of the Pinellas-Anclote River
Basin is located in parts of Pinellas and Pasco
Counties.


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Supp. No. 49


CHAPTER 16J-0


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CHAPTER 16J-0


W (a) That portion of the Pinellas-Anclote River
Basin located within Pinellas County is described as
follows:
Begin at the point on Pinellas-Hillsborough
County line one mile south of Road 60 in Old Tampa
Bay;
Thence north along Pinellas-Hillsborough
County line to intersection with Pinellas-Pasco
County line;
Thence west along Pinellas-Pasco County line to
Gulf of Mexico;
Thence southerly in Gulf- of Mexico to
Pinellas-Hillsborough County line;
Thence easterly and northerly along
Pinellas-Hillsborough County line to point of
beginning.
(b) That portion of the Pinellas-Anclote River
Basin located within Pasco County is described as
follows:
Begin at southeast corner of Section 35,
Township 26 South, Range 18 East;
Thence north to northeast corner of Section
35, Township 25 South, Range 18 East;
Thence west to northwest corner of Section 32,
Township 25 South, Range 18 East;
Thence south to southeast corner of Section
31, Township 25 South, Range 18 East;
Thence west along township line to northwest
corner of Section 2, Township 26 South, Range 17
East;
Thence south to southeast corner of Section 3,
Township 26 South, Range 17 East;
Thence west to northwest corner of Section 9,
Township 26 South, Range 17 East;
Thence south to southeast corner of Section 8,
Township 26 South, Range 17 East;
Thence west to northwest corner of Section 16,
Township 26 South, Range 16 East:
Thence south to southeast corner of Section
17, Township 26 South, Range 16 East;
Thence west to northwest corner of Section 20,
Township 26 South, Range 16 East;
Thence south to southeast corner of Section
30, Township 26 South, Range 16 East;
Thence west to Gulf of Mexico;
Thence southerly in Gulf of Mexico to
Pasco-Pinellas County line;
Thence east along Pasco-Pinellas County line to
point of beginning.
(8) The area of the Pithlachascotee River Basin
is located in parts of Hernando and Pasco Counties.
(a) That portion of the Pithlachascotee River
Basin located within Hernando County is described as
follows:
Begin at intersection of Gulf of Mexico with
Hernando-Pasco County line;
Thence east along Hernando-Pasco County line
to southeast corner of Section 35, Township 23
South, Range 19 East;
Thence north to northeast corner of Section 2,
Township 23 South, Range 19 East;
Thence west to southwest corner of Section 35,
Township 22 South, Range 19 East;
Thence north to northwest corner of Section
14, Township 22 South, Range 19 East;
Thence east to southeast corner of Section 11,
Township 22 South, Range 19 East;
Thence north to Hernando-Citrus County line;
Thence west, thence north, thence west, along


Hernando-Citrus County line to Gulf of Mexico;
Thence south along shore of Gulf of Mexico to
point of beginning.
(b) That portion of the Pithlachascotee River
Basin located within Pasco County is described as
follows:
Begin at intersection of the section line
between Sections 27 and 34, Township 26 South,
Range 15 East, extended, with the Gulf of Mexico.
Thence east to southeast corner of Section 30,
Township 26 South, Range 16 East;
Thence north to northwest corner of Section
20, Township 26 South, Range 16 East;
Thence east to southeast corner of Section 17,
Township 26 South, Range 16 East;
Thence north to northwest corner of Section
16, Township 26 South, Range 16 East;
Thence east to southeast corner of Section 8,
Township 26 South, Range 17 East;
Thence north to northwest corner of Section 9,
Township 26 South, Range 17 East;
Thence east to southeast corner of Section 3,
Township 26 South, Range 17 East;
Thence north to northwest corner of Section 2,
Township 26 South, Range 17 East;
Thence east to southeast corner of Section 31,
Township 25 South, Range 18 East;
Thence north to northwest corner of Section
32, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 26,
Township 25 South, Range 18 East;
Thence north to northwest corner of Section
13, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 12,
Township 25 South, Range 18 East;
Thence north to northwest corner of Section 7,
Township 25 South, Range 19 East;
Thence east to southeast corner of Section 6,
Township 25 South, Range 19 East;
Thence north to northwest corner of Section 5,
Township 25 South, Range 19 East;
Thence east to southeast corner of Section 33,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
34, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 27,
Township 24 South, Range 19 East;
Thence north to northwest corner of Section
26, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 23,
Township 24 South, Range 19 East;
Thence, north to Pasco-Hernando County line;
Thence west along Pasco-Hernando County line
to Gulf of Mexico;
Thence south along shore of Gulf of Mexico to
point of beginning.
(9) The area of the Waccasassa River Basin is
located in parts of Gilchrist, Levy, and Marion
Counties.
(a) That portion of the Waccasassa River Basin
located within Gilchrist County is described as
follows:
Begin at southeast corner of Section 36,
Township 10 South, Range 16 East;
Thence north along Gilchrist-Alachua County
line to northeast corner of Section 1, Township 9
South, Range 16 East;
Thence west to northwest corner of Section 2,
Township 9 South, Range 15 East;


Supp. No. 49


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Thence south to intersection with
Gilchrist-Levy County line;
Thence easterly along Gilchrist-Levy County
line to point of beginning.
(b) That portion of the Waccasassa River Basin
located within Levy County is described as follows:
Begin in Gulf of Mexico on section line
between Sections 26 and 35, Township 16 South,
Range 15 East;
Thence east to southeast corner of Section 28,
Township 16 South, Range 16 East;
Thence north to northeast corner of Section
28, Township 16 South, Range 16 East;
Thence east to southeast corner of Section 22,
Township 16 South, Range 17 East;
Thence north to northeast corner of Section
22, Township 16 South, Range 17 East;
Thence east to southeast corner of Section 14,
Township 16 South, Range 17 East;
Thence north to northeast corner of Section
14, Township 16 South, Range 17 East;
Thence east to intersection with Levy-Marion
County line;
Thence north, east, and north along
Levy-Marion County line to intersection with
Levy-Alachua County line;
Thence westerly and northerly along
Levy-Alachua County line to intersection with
Levy-Gilchrist County line;
Thence westerly along Levy-Gilchrist County
line to intersection with west boundary line of
Section 26, Township 10 South, Range 15 East;
Thence south to southwest corner of Section
11, Township 12 South, Range 15 East;
Thence west to northwest corner of Section 15,
Township 12 South, Range 15 East;
Thence south to southwest corner of Section
15, Township 12 South, Range 15 East;
Thence west to northwest corner of Section 21,
Township 12 South, Range 15 East;
Thence south to southwest corner of Section
21, Township 12 South, Range 15 East;
Thence west to northwest corner of Section 29,
Township 12 South, Range 15 East;
Thence south to southwest corner of Section
29, Township 12 South, Range 15 East;
Thence west to northwest corner of Section 35,
Township 12 South, Range 14 East;
Thence south to southwest corner of Section
23, Township 13 South, Range 14 East;
Thence west to northwest corner of Section 27,
Township 13 South, Range 14 East;
Thence south to northwest corner of Section
34, Township 13 South, Range 14 East;
Thence west to northwest corner of Section 33,
Township 13 South, Range 14 East;
Thence south to northwest corner of Section 4,
Township 14 South, Range 14 East;
Thence west to northwest corner of Section 6,
Township 14 South, Range 13 East;
Thence south to northwest corner of Section 6,
Township 15 South, Range 13 East;
Thence west along township line to Gulf of
Mexico;
Thence southwesterly along coast of Gulf of
Mexico to point of beginning.
(c) That portion of the Waccasassa River Basin
located within Marion County is described as follows:
Begin at southwest corner of Section 7,
Township 16 South, Range 18 East;


Thence east to southeast corner of Section 7,
Township 16 South, Range 18 East;
Thence south to southwest corner of Section
17, Township 16 South, Range 18 East;
Thence east to southeast corner of Section 15,
Township 16 South, Range 18 East;
Thence north to northeast corner of Section
15, Township 16 South, Range 18 East;
Thence east to southeast corner of Section 11,
Township 16 South, Range 18 East;
Thence north to northeast corner of Section
11, Township 16 South, Range 18 East;
Thence east to southeast corner of Section 6,
Township 16 South, Range 19 East;
Thence north to northeast corner of Section 6,
Township 16 South, Range 19 East;
Thence east to southeast corner of Section 33,
Township 15 South, Range 19 East;
Thence north to southwest corner of Section
35, Township 15 South, Range 19 East;
Thence east to southeast corner of Section 35,
Township 15 South, Range 19 East;
Thence north to northeast corner of Section
35, Township 15 South, Range 19 East;
Thence east to southeast corner of Section 25,
Township 15 South, Range 19 East;
Thence north to northeast corner of Section
25, Township 15 South, Range 19 East;
Thence east to southeast corner of Section 20,
Township 15 East, Range 20 East;
Thence north to northeast corner of Section
17, Township 15 South, Range 20 East;
Thence east to southeast corner of Section 9,
Township 15 South, Range 20 East;
Thence north to northeast corner of Section 9,
Township 15 South, Range 20 East;
Thence east to southeast corner of Section 3,
Township 15 South, Range 20 East;
Thence north to northeast corner of Section
34, Township 14 South, Range 20 East;
Thence east to southeast corner of Section 26,
Township 14 South, Range 20 East;
Thence north to northeast corner of Section
23, Township 14 South, Range 20 East;
Thence west to northwest corner of Section 23,
Township 14, Range 20 East;
Thence north to northeast corner of Section
10, Township 14 South, Range 20 East;
Thence east to southeast corner of Section 2,
Township 14 South, Range 20 East;
Thence north to northeast corner of Section 2,
Township 14 South, Range 20 East;
Thence east to southeast corner of Section 36,
Township 13 South, Range 20 East;
Thence north to Marion-Alachua County line;
Thence west along Marion-Alachua County line
to intersection with Marion-Levy County line;
Thence south, west, and south along
Marion-Levy County line to point of beginning.
(10) The area of the Withlacoochee River Basin
is located in parts of Citrus, Hernando, Lake, Levy,
Marion, Pasco, and Sumter Counties.
(a) That portion of the Withlacoochee River
Basin located within Hernando County is described as
follows:
Begin at southwest corner of Section 24,
Township 23 South, Range 19 East;
Thence east to southeast corner of Section 21,
Township 23 South, Range 20 East;


GENERAL


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Supp. No. 49 GENERAL CHAPTER 16J-O


Thence north to northwest corner of Section
22, Township 23 South, Range 20 East;
Thence east to northeast corner of Section 24,
Township 23 South, Range 20 East;
Thence continue east along Hernando-Pasco
County line to southeast corner of Section 13,
Township 23 South, Range 24 East;
Thence northerly and northwesterly along
Hernando-Sumter County line to intersection with
Hernando-Citrus County line;
Thence west along Hernando-Citrus County line
to northwest corner of Section 13, Township 21
South, Range 19 East;
Thence south to southeast corner of Section
11, Township 22 South, Range 19 East;
Thence west to northwest corner of Section 14,
Township 22 South, Range 19 East;
Thence south to southwest corner of Section
35, Township 22 South, Range 19 East;
Thence east to northeast corner of Section 2,
Township 23 South, Range 19 East;
Thence south to point of beginning; and
The area contained in Section 36, Township 23
South, Range 20 East;
(b) That portion of the Withlacoochee River
Basin located within Pasco County is described as
follows:
Begin at northwest corner of Section 1,
Township 24 South, Range 20 East;
Thence south to southwest corner of Section 1,
Township 25 South, Range 20 East;
Thence east to northeast corner of Section 12,
* Township 25 South, Range 20 East;
Thence south to southwest corner of Section
18, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 19,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
20, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 29,
Township 25 South, Range 21 East;
Thence south to southwest corner of Section
28, Township 25 South, Range 21 East;
Thence east to southeast corner of Section 25,
Township 25 South, Range 21 East;
Thence north to northwest corner of Section 6,
Township 25 South, Range 22 East;
Thence east to Pasco-Sumter County line;
Thence north along Pasco-Sumter County line
to intersection with Pasco-Hernando County line;
Thence west along Pasco-Hernando County line
to northwest corner of Section 19, Township 23
South, Range 21 East;
Thence south to northeast corner of Section 1,
Township 24 South, Range 20 East;
Thence west to point of beginning.
(c) That portion of the Withlacoochee River
Basin located within Lake County is described as
follows:
Begin at southeast corner of Section 36,
Township 22 South, Range 23 East;
Thence east to southeast corner of Section 36,
Township 22 South, Range 24 East;
Thence north to northeast corner of Section
24, Township 22 South, Range 24 East;
Thence west to southwest corner of Section 13,
Township 22 South, Range 24 East;
Thence north to northeast corner of Section
35, Township 21 South, Range 24 East;


Thence west to southwest corner of Section 26,
Township 21 South, Range 24 East;
Thence north to northeast corner of Section
27, Township 21 South, Range 24 East;
Thence west to southwest corner of Section 22,
Township 21 South, Range 24 East;
Thence north to northeast corner of Section
21, Township 21 South, Range 24 East;
Thence west to Lake-Sumter County line.
Thence south along Lake-Sumter County line
to point of beginning.
(d) That portion of the Withlacoochee River
Basin located within Sumter County is described as
follows:
Begin at southwest corer of Section 31,
Township 22 South, Range 23 East;
Thence east to Sumter-Lake County line;
Thence north along Sumter-Lake County line
to intersection of Sumter-Marion County line;
Thence west along Sumter-Marion County line
to intersection Sumter-Citrus County line;
Thence southerly along Sumter-Citrus County
line to intersection with Citrus-Hernando County
line;
Thence southerly along Sumter-Hernando
County line to point of beginning.
(e) That portion of the Withlacoochee River
Basin located within Marion County is described as
follows:
Begin at southeast corner of Section 36,
Township 17 South, Range 22 East;
Thence north to northeast corer of Section
12, Township 17 South, Range 22 East;
Thence west to southwest corner of Section 2,
Township 17 South, Range 22 East;
Thence north to northeast corner of Section
34, Township 16 South, Range 22 East;
Thence west to southwest corner of Section 29,
Township 16 South, Range 22 East;
Thence north to northeast corner of Section
18, Township 16 South, Range 22 East;
Thence west to southwest corner of Section 7,
Township 16 South, Range 22 East;
Thence north to northeast corner of Section
12, Township 15 South, Range 21 East;
Thence west to southwest corner of Section 1,
Township 15 South, Range 21 East;
Thence north to northeast corner of Section 2,
Township 15 South, Range 21 East;
Thence west to southwest corner of Section 35,
Township 14 South, Range 21 East;
Thence north to northwest corner of Section
11, Township 14 South, Range 21 East;
Thence east to southeast corner of Section 2,
Township 14 South, Range 21 East;
Thence north to northwest corner of Section 1,
Township 14 South, Range 21 East;
Thence east to southeast corner of Section 36,
Township 13 South, Range 21 East;
Thence north to northeast corner of
Section 25, Township 13 South, Range 21 East;
Thence west to northwest corner of Section 27,
Township 13 South, Range 21 East;
Thence south to southeast corner of Section
28, Township 13 South, Range 21 East;
Thence west to northwest corner of Section 31,
Township 13 South, Range 21 East;
Thence south to southeast corner of Section
36, Township 13 South, Range 20 East;


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CHAPTER 16J-0


Supp. No. 49


GENERAL









CHAPTER 16J-O GENERAL Supp. No. 49


Thence west to northwest corner of Section 1,
Township 14 South, Range 20 East;
Thence south to southeast corner of Section 2,
Township 14 South, Range 20 East;
Thence west to northwest corner of Section 11,
Township 14 South, Range 20 East;
Thence south to southwest corner of Section
14, Township 14 South, Range 20 East;
Thence east to northeast corner of Section 23,
Township 14 South, Range 20 East;
Thence south to southeast corner of Section
26, Township 14 South, Range 20 East;
Thence west to northwest corner of Section 35,
Township 14 South, Range 20 East;
Thence south to southeast corner of Section 3,
Township 15 South, Range 20 East;
Thence west to northwest corner of Section 10,
Township 15 South, Range 20 East;
Thence south to southeast corner of Section 9,
Township 15 South, Range 20 East;
Thence west to northwest corner of Section 16,
Township 15 South, Range 20 East;
Thence south to southeast corner of Section
20, Township 15 South, Range 20 East;
Thence west to northwest corner of Section 30,
Township 15 South, Range 20 East;
Thence south to southeast corner of Section
25, Township 15 South, Range 19 East;
Thence west to northwest corner of Section 36,
Township 15 South, Range 19 East;
Thence south to southeast corner of Section
35, Township 15 South, Range 19 East;
Thence west to northwest corner of Section 2,
Township 16 South, Range 19 East;
Thence south to southeast corner of Section
33, Township 15 South, Range 19 East;
Thence west to northwest corner of Section 5,
Township 16 South, Range 19 East;
Thence south to southeast corner of Section 6,
Township 16 South, Range 19 East;
Thence west to northwest corner of Section 12,
Township 16 South, Range 18 East;
Thence south to southeast corner of Section
11, Township 16 South, Range 18 East;
Thence west to northwest corner of Section 14,
Township 16 South, Range 18 East;
Thence south to southeast corner of Section
15, Township 16 South, Range 18 East;
Thence west to southwest corner of Section 17,
Township 16 South, Range 18 East;
Thence north to northeast corner of Section
18, Township 16 South, Range 18 East;
Thence west to Marion-Levy County line;
Thence south along Marion-Levy County line to
intersection with Marion-Citrus County line;
Thence easterly along Marion-Citrus County
line to intersection with Marion-Sumter County line;
Thence east along Marion-Sumter County line
to point of beginning.
(f) That portion of the Withlacoochee River
Basin located within Levy County is described as
follows:
Begin at northeast corner of Section 13,
Township 16 South, Range 17 East;
Thence west to northwest corner of Section 13,
Township 16 South, Range 17 East;
Thence south to southeast corner of Section
14, Township 16 South, Range 17 East;
Thence west to northwest corner of Section 23,
Township 16 South, Range 17 East;


Thence south to southeast corner of Section
22, Township 16 South, Range 17 East;
Thence west to northwest corer of Section 27,
Township 16 South, Range 16 East;
Thence south to southeast corner of Section
28, Township 16 South, Range 16 East;
Thence west to Gulf of Mexico;
Thence south along coast of Gulf of Mexico to
intersection with Levy-Citrus County line;
Thence easterly along Levy-Citrus County line
to intersection with Levy-Marion County line;
Thence north to point of beginning.
(g) That portion of the Withlacoochee River
Basin located within Citrus County is described as
follows:
Begin at southwest corner of Section 12,
Township 21 South, Range 19 East;
Thence east along Citrus-Hernando County line
to intersection with Citrus-Sumter County line;
Thence northerly and northwesterly along
Citrus-Sumter County line to intersection with
Marion-Sumter County line;
Thence continue northwesterly along
Citrus-Marion County line to intersection with
Marion- Levy County line;
Thence westerly along Citrus-Levy County line
to intersection with Gulf of Mexico;
Thence south along coast of Gulf of Mexico to
northwest corner of Section 19, Township 17 South,
Range 16 East;
Thence east to northeast corner of Section 23,
Township 17 South, Range 16 East;
Thence south to southwest corner of Section
25, Township 17 South, Range 16 East;
Thence east to northeast corner of Section 36,
Township 17 South, Range 16 East;
Thence south to southwest corner of Section
31, Township 17 South, Range 17 East;
Thence east to northeast corner of Section 1,
Township 18 South, Range 17 East;
Thence south to southwest corner of Section 6,
Township 18 South, Range 18 East;
Thence east to northeast corner of Section 7,
Township 18 South, Range 18 East;
Thence south to southwest corner of Section 8,
Township 18 South, Range 18 East;
Thence east to northeast corner of Section 17,
Township 18 South, Range 18 East;
Thence south to southwest corner of Section
21, Township 18 South, Range 18 East;
Thence east to northeast corner of Section 25,
Township 18 South, Range 18 East;
Thence south to southwest corner of Section
31, Township 18 South, Range 19 East;
Thence east to northeast corner of Section 6,
Township 19 South, Range 19 East;
Thence south to southwest corner of Section
33, Township 19 South, Range 19 East;
Thence east to northeast corner of Section 4,
Township 20 South, Range 19 East;
Thence south to southwest corner of Section
15, Township 20 South, Range 19 East;
Thence east to northeast corner of Section 23,
Township 20 South, Range 19 East;
Thence south to southeast corner of Section
26, Township 20 South, Range 19 East;
Thence west to northwest corner of Section 35,
Township 20 South, Range 19 East;
Thence south to southwest corner of Section 2,
Township 21 South, Range 19 East;


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SThence east to northeast corner of Section 11,
Township 21 South, Range 19 East;
Thence south to point of beginning.
(11) The area of the Peace River Basin is
located in parts of Polk, Hardee, DeSoto, and
Charlotte Counties.
(a) That portion of the Peace River Basin
located with Polk County is defined as follows:
Begin at southwest corner of Section 31,
Township 32 South, Range 23 East;
Thence north along the Polk-Hillsborough
County line to northwest corner of Section 18,
Township 32 South, Range 23 East;
Thence east to northeast corner of Section 17,
Township 32 South, Range 23 East;
Thence north to northwest corner of Section 9,
Township 32 South, Range 23 East;
Thence east to northeast corner of Section 9,
Township 32 South, Range 23 East;
Thence north to northwest corner of Section 3,
Township 32 South, Range 23 East;
Thence east to northeast corner of Section 6,
Township 32 South, Range 24 East;
Thence north to northwest corner of Section
20, Township 31 South, Range 24 East;
Thence east to northeast corner of Section 20,
Township 31 South, Range 24 East;
Thence north to northwest corner of Section 4,
Township 31 South, Range 24 East;
Thence east to northeast corner of Section 4,
Township 31 South, Range 24 East;
Thence north to northwest corner of Section 3,
Township 30 South, Range 24 East;
* Thence west to the southwest corner of Section
33, Township 29 South, Range 24 East;
Thence north to northwest corner of Section
33, Township 29 South, Range 24 East;
Thence west to southwest corner of Section 29,
Township 29 South, Range 24 East;
Thence north to northwest corner of Section
17, Township 29 South, Range 24 East;
Thence west to southwest corner of Section 7,
Township 29 South, Range 24 East;
Thence north to northwest corner of Section
19, Township 28 South, Range 24 East;
Thence west to southwest corner of Section 13,
Township 28 South, Range 23 East;
Thence north to northwest corner of Section
12, Township 28 South, Range 23 East;
Thence west to southwest corner of Section 2,
Township 28 South, Range 23 East;
Thence north to northwest corner of Section
23, Township 27 South, Range 23 East;
Thence east to northeast corner of Section 23,
Township 27 South, Range 23 East;
Thence north to northwest corner of Section
13, Township 27 South, Range 23 East;
Thence east to northeast corner of Section 13,
Township 27 South, Range 23 East;
Thence south to southwest corner of Section
31, Township 27 South, Range 24 East;
Thence east along the township line to the
northeast corner of Section 4, Township 28 South,
Range 27 East;
Thence south to southeast corner of Section
28, Township 28 South, Range 27 East;
Thence east to northeast corner of Section 35,
S Township 28 South, Range 27 East;


Thence south to southeast corner of Section
26, Township 30 South, Range 27 East;
Thence west to southwest corner of Section 27,
Township 30 South, Range 27 East;
Thence south to Polk-Hardee County line;
Thence west along Polk-Hardee County line to
point of beginning.
(b) That portion of the Peace River Basin
located within Hardee County is described as follows:
Begin at intersection of Hardee-Manatee
County line with Hardee-DeSoto County line;
Thence north along Hardee-Manatee County
line to intersection with Hardee-Polk County line;
Thence east along Hardee-Polk County line to
intersection with Hardee-Highlands County line;
Thence south along Hardee-Highlands County
line to intersection with Hardee-DeSoto County line;
Thence west along Hardee-DeSoto County line
to point of beginning.
(c) That portion of the Peace River Basin
located within DeSoto County is described as
follows:
Begin at intersection of DeSoto-Sarasota
County line with DeSoto-Charlotte County line;
Thence north along DeSoto-Sarasota County
line to intersection with Manatee-Sarasota County
line;
Thence continue north along DeSoto-Sarasota
County line to intersection with DeSoto-Hardee
County line;
Thence east along DeSoto-Hardee County line
to intersection with DeSoto-Highlands County line;
Thence south along DeSoto-Highlands County
line to intersection with DeSoto-Charlotte County
line;
Thence west along DeSoto-Charlotte County
line to point of beginning.
(d) That portion of the Peace River Basin
located within Charlotte County is described as
follows:
Begin at intersection of Charlotte-Sarasota
County line with Gulf of Mexico;
Thence east, north, and east along
Charlotte-Sarasota County line to intersection with
DeSoto-Sarasota County line;
Thence continue east along Charlotte-DeSoto
County line to northeast corner of Section 1,
Township 40 South, Range 26 East;
Thence south along range line to southeast
corner of Section 36, Township 40 South, Range 26
East;
Thence west along township line to southwest
corner of Section 31, Township 40 South, Range 26
East;
Thence south along range line to southeast
corner of Section 36, Township 41 South, Range 25
East;

Thence west along township line to southwest
corner of Section 34, Township 41 South, Range 24
East;
Thence south to Charlotte-Lee County line;
Thence west along Charlotte-Lee County line to
Gulf of Mexico;
Thence north along shore of Gulf of Mexico to
point of beginning.
General Authority 373.044, 373.113, 373.149, 373.171
FS. Law Implemented 61-691, Laws of Florida.
History-Readopted 10-5-74.


OW







r


16J-0.10 Permit Application Forms.
(1) The various application for permit forms
can be obtained from the Southwest Florida Water
Management District.
(2) Each application form will be given an
identifying number when received, and upon approval
by the authorized officer of the District, will
constitute the official permit.
(3) Any application which has not been
completed and upon which fees or deposits have not
been paid within six (6) months is subject to
rejection, provided notice of proposed rejection is
mailed to applicant not less than ten (10) days prior
to such rejection.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.085, 373.106, 373.116, 373.216,
373.229, 373.246, 373.249, 373.339, 373.413, 373.416 FS.
History-Readopted 10-5-74.
16J-0.11 Preparation of Drawings and
Sketches.
(1) All drawings and sketches submitted with
applications shall be on letter size (8% xll ) paper,
or of a size that can be folded to 81/i"xll", such as
11"x17" or 17"x22". Three copies of the drawing
must be provided. If 81s"x11" size, one must be of
black line type capable of being photocopied. If
larger than 81% x11" drawings are used, one must be
the original drawing or a reproducible.
(2) Drawings shall be to scale or properly and
adequately dimensioned. A drawing or sketch shall be
identified as to location or should include a location
plan. Cross sections and elevations shall be included
where applicable.
(3) Location plans should locate the points of
installation, construction, withdrawal, discharge or
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 elevations, 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.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.106, 373.116, 373.229, 373.339,
373.413 FS. History-Readopted 10-5-74.
16J-0.111 Fee Schedule. A permit processing
fee is required and shall be paid to the District when
certain applications are filed pursuant to these Rules.
This fee is for the purpose of helping defray the costs
of processing, notices, advertising, and mailing
required in connection with consideration of such
applications. If an application is for a combination of
permits under one or more parts, payment of only
one fee shall be required.
(1) The fee for an application for a
permit for use of a work of the District
pursuant to Part 1 shall be
... .......................... $10.00
(2) The fee for an application for a
permit for consumptive use of water pursuant
to Part 2 shall be.
.............................. $10.00


(3) No fee shall be required for an application
for a permit for construction of a well pursuant to
Part 3 or to Chapter 16CC, Florida Administrative
Code.
(4) The fee for an application for a permit for
activities relating to management and storage of
surface waters pursuant to Part 4 shall be.
............................ $10.00
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.085, 373.219, 373.339, 373.413,
373.416 FS. History-Readopted 10-5-74, Amended
12-31-74.
16J-0.12 Permits Contingent Upon Land
Ownership or Control.
(1) All permits issued pursuant to these Rules
are contingent upon continued ownership, lease, or
other control of property rights in underling,
overlying or adjacent lands, and are covenants
running with such lands-
(2) A permit may be assigned to a subsequent
owner subject to al terms and conditions contained
in such permit upon notification in writing to the
Board of such assignment, provided ownership, lease,
or oer control of all such lands is conveyed to the
assignee and further provided that the assignee, by
accepting such assignment, does assume responsibility
for complying with all such terms and conditions.
The Board may withhold its approval of the permit
assignment 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 of such lands is so conveyed,
or if the ownership, lease, or other control is divided,
such permit shall immediately terminate unless the
terms of the permit are modified by the Board.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.085, 373.219, 373.339, 373.413,
373.416 FS. History-Readopted 10-5-74.
16J-0.13 Bond.
(1) The Board may require the applicant for a
permit to furnish a bond made payable to the District
and its successors, with a reputable bonding
corporation authorized to do business in this State as
surety, conditioned upon full compliance with terms
of the permit, including the proper construction,
operation, and maintenance of the facility by the
applicant so it will not be detrimental to the
operation and maintenance of works of the District
existing or planned. The amount of the bond shall be
in such amount as the Board shall determine to be
adequate.
(2) In the alternative to subsection (1), the
Board may require liability insurance in such amount
as the Board shall determine endorsed in favor of the
District or a hold harmless agreement satisfactory to
the Board.
(3) The Board may require that such bond or
liability insurance be maintained as a condition of the
continued validity of the permit.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.085, 373.219, 373.339, 373.413,
373.416 FS. History-Readopted 10-5-74.
16J-0.14 Reapplying for Permits. When an
application for a permit has been denied, a new
application for such permit shall not be resubmitted
within six (6) months of such denial unless the
applicant can show substantial change in conditions
or unless the permit applied for is substantially
modified.


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V General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.085, 373.219, 373.339, 373.413,
373.416 FS. History-Readopted 10-5-74.
16J-0.15 Minimum Rates of Flows and Levels.
(1) In establishing minimum rates of flows and
levels and regulatory levels, the Board shall use the
best information and method available and will
consider the protection of existing, as well as future
consumptive 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. When deemed
appropriate, a schedule of rates of flows and levels
may be established to reflect seasonal or cyclic
variations. The Board will also consider, and at its
discretion may provide for, 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 rates of flow at a given point
on a stream or other watercourse shall be established
by the Board for each month, January through
December. Minimum rates of flow shall be established
as follows: For each month, the five (5) lowest
monthly mean discharges for the preceding twenty
(20) years shall be averaged. Minimum rates of flow
shall be established as seventy percent (70%) of these
values for the four (4) wettest months and ninety
percent (90%) of these values for the remaining eight
(8) months. The determination shall be based on
available data, or in the absence of such data, it shall
be established by reasonable calculations approved by
the Board.
(3) Unless otherwise deemed appropriate by
the Board, the minimum levels of water of 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 foot (1') 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 preceding ten (10)
years. The determination shall be based on available
data or in the absence of such data, it shall be
established by reasonable calculations approved by
the Board.
(4) Unless otherwise deemed appropriate by
the Board, the minimum level of the water table at a
given point shall be established by the Board and shall
be three feet (3') below the average of the five (5)
lowest levels in each calendar year (provided no two
(2) levels shall be taken from the same
calendar month) for the preceding ten (10) years. The
determination shall be based on available data or in
the absence of such data, it shall be established by
reasonable calculations approved by the Board.
(5) Unless otherwise deemed appropriate by
the Board, a regulatory level for a confined aquifer at
a given point shall be established generally to limit
the rate of movement of water from the water table
at the boundary of the land owned, leased, or
otherwise controlled by an applicant for a
consumptive use permit or at the boundary of an
equivalent area based on the configuration of the
cone of depression caused by the proposed location
and operation of the well or wells.
(a) Such regulatory level shall be determined
Sby taking the minimum level of the water table plus
three feet (3'), or such other adjustment as deemed


appropriate by the Board, and subtracting the head
difference required to pass the water crop from the
water table to the confined aquifer. Such head
difference is the water crop divided by the leakance
coefficient of the confining bed. The water crop, in
the absence of data to the contrary is 0.0229568
gallons per day per square foot.
(b) The elevation of the potentiometric surface
at such point shall be measured cumulatively
throughout the production year. At no time shall the
cumulative weekly average elevation be lower than
the regulatory level and at no time shall the weekly
average elevations of the potentiometric surface of
the Floridan Aquifer be more than five feet (5')
below the regulatory level.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.042, 373.339 FS. History-Readopted
10-5-74, Amended 12-31-74.
16J-0.20 Publication and Notice. Whenever in
these Rules the publication of any notice, process, or
paper is required or provided for, unless otherwise
expressly provided, the publication thereof in some
newspaper or newspapers as defined in Chapter 50,
Florida Statutes, having general circulation within the
area to be affected shall be taken and considered as
being sufficient.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.146 FS. History-Readopted 10-5-74.

16J-0.30 Hearings, Meetings, and Agendas.
(1) Unless otherwise provided herein, all
hearings before the Board required under these Rules
shall be conducted in accordance with the provisions
of Chapter 120, Florida Statutes.
(2) Meetings of the Board will be held on a
regular monthly basis, usually at the District
headquarters, or at such other time, date, and place as
announced by the Chairman. Special meetings will be
held on call of the Chairman or at the request of two
(2) Board members.
(3) The Board will maintain a current mailing
list for the purpose of mailing Board meeting notices
to all persons making such request in writing.
(4) Meetings of basin water management
boards will be held on a regular basis, as determined
by the respective basin boards, at times, dates, and
places set by the respective ex officio chairman or
vice chairman in his absence. Special meetings will be
held on call of the basin board ex officio chairman or
vice chairman in his absence.
(5) The Board will maintain separate mailing
lists for the respective basin boards for the purpose of
mailing basin board meeting notices to all persons
making such request in writing.
(6) Any request to place an item on an agenda
at a meeting of the Board or of a basin board shall be
submitted not less than ten (10) days prior to the
meeting.
(7) Regular monthly meetings of the
Governing Board will be held on the second
Wednesday of each month at District headquarters
commencing at 9:30 A.M., unless announced to the
contrary at the previous regular monthly meeting.
Regular monthly meetings may be held at other times
only after publishing notice thereof not less than ten
(10) days prior to such meeting.
(8) Special meetings of the Governing Board
may be held to consider specifically enumerated
matters on call of the Chairman and upon preparation


Supp. No. 53


GENERAL


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CHAPTER 16J-0


of an agenda for such meeting and notification to
Board members not less than seven (7) days in
advance of such meeting. Notices of such meetings
shall be given to representatives of the news media
and to such other persons as have requested such
notice or who are directly affected by the subject of
such meeting. Special meetings may be called by the
Chairman on less than seven (7) days notice if the
Chairman finds that conditions warrant such short
notice, provided that public notice and notice to
Board members of a minimum of twelve (12) hours
shall be given and that the Board shall ratify the
findings of the Chairman for the short notice.
(9) Meetings of all Basin Boards shall be
announced at the regular monthly meetings of the
Governing Board and shall be scheduled by the
Chairmen of the respective Basin Boards. Special
meetings may be held in the same manner as
prescribed for holding special meetings of the
Governing Board.
(10) Mailing lists will be maintained by the
District for the purpose of giving notice of all
meetings. Separate lists will be maintained for
Governing Board meetings and for meetings of each
of the respective Basins. Names will be placed on such


lists upon written request mailed to the District.
Periodically such lists will be purged after written
notice.
(11) Agendas shall be prepared by the
Executive Director, after consultation with the
Chairmen of the respective Boards, for each meeting,
hearing, or workshop, which agendas shall be
prepared at least seven (7) days before the meeting,
and made available for distribution on request of any
interested persons. Such agendas shall contain the
items to be considered in the order of presentation.
After an agenda has been made available, change shall
be made only for good cause as determined by the
Chairman or the Board. Any member of the
Governing Board or of a respective Basin Board may
place an item on an agenda if the request is made to
the Executive Director not less than seven (7) days
prior to the meeting.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.0693, 373.079 FS. 61-691, Laws of
Florida. History-Readopted 10-5-74, Amended 12-31-74.
16J-0.40 Forms and Instructions. The
following forms and instructions have been approved
by the Governing Board and may be obtained from
District headquarters.


Ground Water

Well Location Verification
SF-1620 Application for Registration as Well
Driller
SF-1624-1A Rev. Bond for Drilling Contractors
SF-1624-2A Supplemental Bond for Test and
Foundation Hole Contractors,
Engineering Testing Laboratories.
SF-1627 Application for a Permit to Construct
a Well under a Special Certificate
of Registration
Application for Firm Identification
Number
SF-1632 Rev. Confirmation of Firm Identification
Number
SF-1634 Sworn Written Complaint Form
SF-1641 Well Abandonment Report
SF-1653 Warning Notice
SF-1710 Rev. Application for a Permit to Construct
a Well (Used along with Department
of Natural Resources Water Well
Contractor's Well Completion
Report)
Surface Water


SF-1651

-Rev.


Notice of Violation
Notice to Cease and Desist
Completion Report
Application for Permit--Used along
with Chapter 16CB-1 and Guidelines
for Docks or Piers and Bulkheads


GENERAL


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CHAPTER 16J-0


DATE


PERMIT NO.

DRILLER


V
COUNTY

BASIN SIZE

REMARKS


S T R_
North


Vest


South


DATE S T R_

PERMIT NO_ North

DRILLERTE
West East
COUNTY

BASIN SIZE So
South
REMARKS





DATE S T R

PERMIT NO. North

DRILLER West East

COUNTY

BASIN N SIZE
South
REMARKS


Supp. No. 53


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HYD. TECH.


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CHAPTER 16J-0


GENERAL


APPLICATION FOR REGISTRATION AS WELL DRILLER

To: CHIEF, PERMITS SECTION
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
POST OFFICE BOX 457
BROOISVILLE, FLORIDA 33512
I hereby ma'- application to qualify and receive a General/Special (cross out one) certificate of registration as a "Registered Well Driller" under the
provisions of the Rules and Regulation. of the SWFWMD (R. This form to be accepted ir compliance with Section 1.02 (4) (c) of said Rules and Reg-
ulations.

(PLEASE TYPE OR.PRINT IN BALLPOINT PEN)

I. APPLICANT:

a) Name:


IL ASTI


Atress (place or egal residences) I-TRE-T ADDRS OR .O. BOX
STREET ADDRESS OR P.O. BOX)


(ZIP COOEI


(PHONE)
.Phone:.


Address:
c) Type of Business: (check) Individua
d) Position in the firm:
e) Include two (2) 1" x 1" photographs
II. EXPERIENCE:
a) Years engaged in well drilling: Total

b) Name a supervisor under whom you have worked:.
From


(DAT E


I o Corporation a Partnership


Date of Birth


.Florida Other SPECIFY STAT E


(DATE)


c) Type of equipment you have used and with which you are thoroughly familiar:
0 Rotary 3 Reverse Rotary m Cable Tool Air Other

d) Approximate number of wells you have drilled: Industrial Irrigation
House Wells Stock Wells Municipal Wells Fire Wells
Drainage Wells Disposal or "Dry" Wells Other______
(DESIGNATE)

III. GENERAL:
a) List cities, counties or other states with whom you are licensed or registered.




b) Have you ever been refused a well driller's license?
IV. REFERENCES:

SUPPLIER) ADDRESSI ICIT YI (STATE) (PHONE'

IBANKEX )

OTHERI
........................... o o.................................................. ...................
I certify that all of the foregoing information is true and correct to the best of my knowledge and belief.


Sworn to and subscribed before me, by the said

19_ to certify which witness my hand and seal of office.


applicant herein, this day of


NOTARY PUBLIC IN AND FOR

County, Florida


RETURN TO CHIEF, PERMITS SECTION


SWFWMOIR)
SF 1620


~~I-


Supp. No. 53


IC*T Y
b) Business Name:


# 1


(SIGNATURE OF APPLICANT)


Ce


(DATEI


(MIDDLE)


I ZP COOK)


iT AT El









BOiU FOR DRILLING CONTRACTORS

KNOW ALL MEN BY THESE PRESENTS: That we,

hereinafter called the Principal,

and a corporation duly
qualified and authorized under the laws of the State of Florida to act as surety
on bonds, hereinafter called the Surety, are held and firmly bound unto. the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), its successors and
assigns in the sum of Five Thousand Dollars, the true payment whereof well and
truly to be made we do bind ourselves, our respective heirs, executors, administrators,
successors, assigns, jointly and severally, firmly by this bond.
The condition of this bond is such that if the above bound Principal, and each
officer, employee, or agent of said'Principal, shall comply with the provisions
of Chapter 373, Florida Statutes, and other applicable laws of this State, the
rules and regulations prescribed by the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
(REGULATORY) (Chapter 16 CC Administrative Code of the State,of Florida and
amendments thereto), and the orders adopted or issued pursuant thereto for the
protection of the water resources of the area encompassed by the SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT, that this obligation shall become null and void;
otherwise to remain in full force and effect.

THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
shall have a direct right to action against the Principal and Surety under this
obligation for damage to the water resources of such area suffered as a result
of the failure of the Principal or officers, employees or agents of said Principal
in failing to comply with such provisions of the laws, rules, regulations and
orders; provided, however, that no suit, action or proceeding by reason of any
such failure whatsoever shall be brought upon this bond after one year from the
date such damage occurs.

The premium anniversary of the bond shall be midnight on the 30th day of June.

The Surety may cancel this bond and be relieved of further liability hereunder
by delivering 30 days' written notice to the SOUTHWEST FLORIDA WATER MANAGEENIT
DISTRICT (REGULATORY); however, such cancellation shall not affect any
liability incurred or accrued hereunder prior to the termination of said period.
In witness whereof, the Principal and Surety have executed this bond on
this day of 19


Principal

(SEAL)


By_
Attorney in Fact
Surety

APPROVED BY:

SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT (REGULATORY)

this __ day of 19

By
Title





SUFItIU(R)
SF 1624-lA Rev.


GENERAL


Supp. No. 51


CHAPTER 16J-0







CHAPTER 16J-0 GENERAL Supp. No. 51

SUPPLEMENTAL BOND FOR
TEST AND FOUNDATION HOLE CONTRACTORS
ENGINEERING TESTING LABORATORIES


KNOW ALL MEN BY THESE PRESENTS: That we,

hereinafter called the Principal,
and a corporation
duly qualified and authorized under the laws of the State of Florida to act as
surety on bonds, hereinafter called the Surety, are held and firmly bound unto
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), hereinafter to be
designated as SWFWMD(R), its successors and assigns, in the sum of Twenty-Five
Thousand Dollars, the true payment whereof well and truly to be made we do bind
ourselves, our respective heirs, executors, administrators, successors, assigns,
jointly and severally, firmly by this bond.
The condition of this bond is such that if the above bound Principal, and each
officer, employee, or agent of said Principal shall comply with the provisions
of Chapter 373, Florida Statutes and other applicable laws of this State, the
rules and regulations prescribed by the SWFWMD(R) (Chapter 16 CC, Administrative
Code of the State of Florida and amendments thereto), and the orders adopted or
issued pursuant thereto for the protection of the water resources of the area
encompassed by the SWFWMD(R), that this obligation shall become null and void;
otherwise to remain in full force and effect.
The SWFWMD(R) shall have a direct right of action against the Principal and the
Surety under this obligation for damage to the water resources of such area to
be suffered as a result of the failure of the Principal or officers, employees
or agents of said Principal in failing to comply with such provisions of the
laws, rules, regulations and orders; provided, however, that no suit, action or
proceeding by reason of any such failure whatsoever shall be brought upon this
bond after one year from the date such damage occurs.
The premium anniversary of this bond shall be midnight on the 30th day of June.
The Surety may cancel this bond and be relieved of further liability hereunder
by delivering 30 days' written notice to the SWFWMD(R); however, such cancell-
ation shall not affect any liability incurred or accrued hereunder prior to the
termination of said period.
In witness whereof, the Principal and the Surety have executed this Bond on this

day of


Principal

(Seal)

By _
Attorney in Fact
Surety


Approved by:
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT(REGULATORY)
this day of

By
Title



SWFWMD(R)
SF 1624-2A

16B

SI I -






Supp. No. 53


GENERAL


CHAPTER 16J-0


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
APPLICATION FOR A PERMIT TO CONSTRUCT A WELL
UNDER A SPECIAL CERTIFICATE OF REGISTRATION

To: CHIEF, PERMITS SECTION
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
Post Office Box 457
Brooksville. Florida 33512 DATE

PLEASE TYPE OR PRINT IN BALLPOINT PEN)
In compliance with the Rules and Regulations Sections 1.01 through 1.06, inclusive, Southwest Florida Water Management District
Regulatory) adopted pursuant to Section 373.X]IX Florida Statutes,-the undersigned

of
(Firm or Driller) (Reg. No.) (Address)

applies for a permit and approval of the Southwest Florida Water Management District (Regulatory) for the construction of a well(s) under a
special certificate of registration in

Section Township Range at or near

(Street or Rural Route) (City) (County)

1. The purpose of the well(s) is
(Seismic holes, stratigraphic test holes, etc.)

2. well(s) will be
(Number of wells) (Type: jetted, cable tool, rotary or other designate)

to the approximate depth of feet and will be inches in diameter;

there will be feet of casing, constructed of material and will have

(proposed type of casing seal)

3. Will the space between the casing and the hole be sealed? O Yes [ No

If so, at what points?

4. Will any abandoned hole be sealed? D Yes O No How?

The required accompanying paper is enclosed herewith; plat or sketch showing location of proposed well(s) relative to existing buildings or
other physical features, especially the locations of all known sources of contamination in the vicinity.

I agree that: A Special Completion Report will be furnished for any Inadvertent Water Well
as required by 16CC 1.03 (13)
A log SWFWMD(R) SF-.4A42), showinqthe vari s strata or formations pierced by the well will be forwarded Sithin
thirty (3Dlys after complete Oq cessa oo of drit? operation. Co iancwith all pi'roisions of the Rules and
Regulations of the Sduthwest Florida Water Man ment Di'ici (Regulatory ccited abgyewill be-accomplished.

.Access to proposed well sites for inspection at any reasonable time is hereby granted personnel of Southwest Florida
Water Management District (Regulatory).


ISignature of Owner) (Signature of Well Drilling Contractor)


(Prinled Nrame of Well Owner (Printed Name & Titlel


lAddress) (Address)

ADDroved by
(Authorized reDresentalrve of SWFWMDIRI) (Titlel (Datel

VV FDN' I RETURN TO CHIEF, PERMITS SECTION

16C







CHAPTER 16J-0


pp.t .v .

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
APPLICATION FOR FIRM IDENTIFICATION NUMBER


To: CHIEF, PERMITS SECTION

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
Post Office Box 457
Brooksville, Florida 33512



(PLEASE TYPE OR PRINT IN BALLPOINT PEN)


I HEREBY MAKE APPLICATION FOR ISSUANCE OF FIRM IDENTIFICATION NUMBER TO BE ASSIGNED TOi

1. NAME OF FIRM
GEEA Sup No 5ir 3


STR.LLT ADDRESS OR 11. 0. DOX


CITY
2. PERSON MAKING APPLICATION


PHONE

ZIP COPE


STATE


POSITION IN FIRM

ADDRESS
STREET ADDRESS OR P.O. BOX

CITY STATE rZI COpr
3. LIST NAMES AND REGISTRATION NUMBERS OF ALL SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
REGISTERED WELL DRILLERS WORKING FOR FIRM.


NAMU


REG. NO.


NAME REG.


r *


NAME REG. NO,


NAME.

uAuc


.REG. NO.


IF ADDITIONAL SPACE IS REQUIRED. ATTACH SEPARATE SHEET.
4. QUANTITY OF DECALS WHICH ARE NEEDED FOR THE FOLLOWING RIGS AND VEHICLES


IF ADDITIONAL SPACE IS REQUIRED, ATTACH SEPARATE SHEET.


I HEREBY ACKNOWLEDGE THAT ALL DRILLING OPERATIONS CONDUCTED BY MY EQUIPMENT WILL BE CONDUCTED IN ACCORDANCE
WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY) RULES AND REGULATIONS AND SUPERVISED BY A
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY) REGISTERED WELL DRILLER AND THAT I WILL, WITHIN
THIRTY (30) DAYS, IhFORM SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY) OF ANY ADDITIONS TO OR CHANGES
IN MY DRILLING STAFF OR INVENTORY OF RIGS AND VEHICLES


SIGNATURE OF APPLICANT


DATE

RETURN TO CHIEF, PERMITS SECTION


GENERAL


I-


R.nn ?an KA


NUMPIER


MOQpEL
MoPci'-----




........ L.-~ .


c *


-CIT


- ---- -


" -


Ir~mr nEu.


'J J .


"^m' nru.


Png*


-~------


-A r


fRt N


Pr pr O ,irIEnIPMEN


IL.AM





Supp. No. 53 GENERAL CHAPTER 16J-0
S Your application for a firm identification number has been approved by the
Southwest Florida Water Management District (Regulatory).
Your number is
This number is to be used in connection with all of your drilling operations.
A current decal is to be displayed with this number in letters not less than
two (2) inches high on both sides of all drilling rigs. SWFWMD(R) will fur-
nish the decals but you must furnish the number. You may, upon request, be
furnished decals for other associated equipment you may wish to identify.
Your number is not transferable. If a rig is sold or otherwise disposed of,
the decals are to be removed and the Chief Hydrologist notified.
Additional decals may be required through damage or destruction to the decal
or by the acquiring of additional equipment. We will furnish the necessary
decals if you will advise the number needed and the reason for the request.
Current stickers will be furnished for the decals each year upon renewal of
your surety bond.
IT IS A VIOLATION OF THE RULES AND REGULATIONS OF THE DISTRICT NOT TO HAVE
DECALS AND NUMBERS ON ALL DRILLING RIGS.
*

SWFWMD(R)
SF1632 rev.

















*






CHAPTER 16J-0 GENERAL Supp. No. 58

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
SWORN WRITTEN COMPLAINT FORM
To: CHIEF, PERMITS SECTION
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
Post Office Box 457
Brooksville, Florida 33512

(PLEASE TYPE OR PRINT IN BALLPOINT PEN)


Gentlemen:

I. a, do hereby
(last name) (first) (middle initial)


(well driller's name and registration number)


In the space provided below please state the reason for this complaint. BE SPECIFIC and include the exact infraction, the date it occurred,
the location of the well, any other witnesses and all other pertinent information. (Attach a separate sheet if additional space is needed; also
attach any documentary evidence, such as photographs, etc.)


cI@


Very truly yours,


(Signature)


(Date)


Sworn to and subscribed before me, by the said


this day of.


19 ,


to certify which witness my hand and seal of office.


Notary Public in and for


.County, Florida


RETURN TO CHIEF, PERMITS SECTION


16F GIVE TO OWN
GIVE TO OWNER


r.1


file a complaint against.


SWFWMO(R)
SF 1634



SWFWMO(R)
SF 1634


r, 1







Supp. No. 53 GENERAL CHAPTER 16J-0


WELL ABANDONMENT REPORT

(To be forwarded if a well is started but not completed)
To: CHIEFPERMITS SECTION
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
Post Office Box 457
Brooksvi!le. Florida 33512 DATE

(Plea type or print in ballpoint pen)

Property Owner

Mailing Address

Well Location.
Street and number or Township, Range, and Section

Why was well abandoned?
Low Yield Caving -Poor Water Quality Other

Type of Well
Drilled Driven Dug Bored Other

Total depth of well __Diameter _____Depth of casing
Feet Inches Feet

Depth to rock Depth to water Limestone formation
Feet Feet Yes or No

Material overlying rock _
Clay Sand or Gravel Mixed

Material and yardage used for fill or seal in rock section of well









Material and yardage used for sealing above rock








To permit adequate grouting, the casing should remain in place but liner pipes or any other obstructions should be removed.

Was casing left in place 'How much?

Were liners and other obstructions removed?


Name of person or firm doing sealing work_

Address .___ ____


SWFWMO(R)
SF 1o41 RETURN TO CHIEF, PERMITS SECTION





16G


L,,,t~i i "^^1MW






GENERAL


WARNING NOTICE


Supp. No. 53


N WN 602


altp-


I-


' '


You are in violation of the Florida Statutes and the Rules and Regulations of the Southwest Florida
Water Management District (Regulatory) to wit:


Florida Statutes_


SWFWMD(R)


You have until
date and time
above stated rules and regulations or official citation will be served.


.to comply with the


Issued by:


Title:


SWFWMN(R)
SF 1653


- -- -I-


f11


VUAI -ER 16J-0 GENERAL


CHAPTER 16J-0







Supp. No.58 GENERAL CHAPTER 16J-0


SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)

APPLICATION FOR A PERMIT TO CONSTRUCT A WELL


To: Chief, Prmits Section
Pot OfiBox 467 Phone: (904) 796-7211
Books.lle, ilorid 88512 Date

TYPE OR USE BALLPOINT PEN AND PRESS HARD)
In compliance with the Rules and Regulations of the Southwest Florida Water Management District (Regultory)


DRILLING CONTRACTOR NUMBER ADDREss

requests outhoriation to construct a well for NAE O WELL OWNER
NAME OF WELL OWNER

ADDRESS (MAILING) STRET OR SOX NO. CITY ZIP CODE
Well will be inches in diameter. Proposed yield to be GPM.

Well will be constructed with [ cable tool 0 rotary D] i*"d oth*e (specify)

Well will be approximately feet deep. Well will have about feet of casing

] black pipe O galvanized [O other

Casing will be joined by O coupling ] weld both. Spce between casing and hole will be sealed with:

Natural materials neatcement rout (]other

Well will be located at s so -s
SEll ill bCTIO. TOWNSHIP, RANGE AND STREET ADDRESS CITY COUNTY
Well will be used for: ] private supply ] public water supply O irrigation ] industrial

D test well other

If this permit is for repair, modification or alteration of a well constructed under a pervious permit give number

and indicate work to be done


I agree to furnish a log within 30 days after drilling operations cease and to comply with all provisions of the
Rules and Regulations of the SWFWMD(R) and with local health regulations relative to well construction.

Signature of Drilling Contractor

I hereby consent to be regulated by Southwest Florida Water Management District and by Southwest Florida Water
Management District (Regulatory) regarding consumptive use of water and allocation thereof, and f this permit is
granted I agre to comply with the conditions set forth on the reverse side of this form. Access to proposed well
site for inspection at any reasonable time is hereby granted personnel of SWFWMD and SWFWMD(R).

Signature of Owner or his authorized Agent

00 NOT WRITE BELOW THIS LINE FOR SWFWND(R) USE ONLY

PERMIT TO CONSTRUCT A WELL
Review of the above applicatie and related hydrologic dat has been made by a duly authorized official of the
Southwest Florida Water Mng nt District (Regulatory) and subject to conditions se forth on the reverse side
of this form permission fr construction of this well is granted in accordance with the Rules and Regulations of
SWFWMD(R).

All drilling shall be performed by,or in the presence of. a certified drill nd a copy of te well let will be sub.
mitted to this office within 30 days after drilling operations cease. In addition to these provisions, compliance
with the special item numbers) as described on the reverse side of this form, shall be required.

This permit does not imply approval of sewage or other waste disposal facilities, or of water supply and other
facilities in the ara to be supplied by the well.

Granted by: Date

Title

THIS PERMIT NOT VALID UNTIL PROPERLY SIGNED AND SEALED BY AN AUTHORIZED OFFICER OF
SWFWMD(R) AND SHALL BE MAINTAINED AT THE WELL SITE DURING ALL DRILLING OPERATIONS.

PROMINENTLY DISPLAYED


SF 1DIRw I
Sr 1710 REV. ,Z//74






CHAPTER 16J-0


CONDITIONS UPON WHICH PERMIT IS GRANTED. This permit is not an application for allocation of water
or of any particular quantity of water and the granting of this permit shall not constitute such allocation of water.
Southwest Florida Water Management District (Regulatory) specifically reserves the right to implement a program
for the issuance of permits authorizing consumptive use of particular quantities of water and to impose restric-
tions on one or more users of water. The rights reserved herein may also be exercised by the Governing Board of
Southwest Florida Water Management District pursuant to StateLaw and the rules and regulations of said District.


Compliance with the special items checked below shall be required.

1. E This permit is for the purpose of drilling a test or exploratory well.

2. [] Compliance with local health regulations is required.

3. 0 Engineering plans and related documents covering this well, pump and piping installation are required to be
submitted to this office.

4. ] The construction of the proposed well must be in compliance with the engineering plans and specifications
approved by this District in the application for this permit.

5. ] This well shall be drilled in accordancewith thewell field plan and specifications submitted to this District,
as prepared by

6. [ Test holes may be constructed as provided in the Rules and Regulations of Southwest Florida Water Manage-
ment District (Regulatory). Upon abandonment, the hole must be thoroughly plugged from bottom to top and
surface finished so as to cause no hazard to human or animal passage over it, and to seal it hydraulically
to prevent any leakage of water into or out of this well.

7. [ Well cuttings are required every ten feet and at every change in formation. Sample bags will be provided by
the District.

8. ] Geophysical logging of this well would be of great value to SWFWMD(R) hydrologic records. If we may be
allowed to do so mail the enclosed card when drilling starts.

9. | Salt water intrusion-The location of this well is marginal. It may overlie the salt water encroachment zone.
It may or may not yield acceptable water at time of completion and it probably will produce salty water be-
fore long. However, it might have a life of several years. Therefore, this permit is granted with the under-
standing that should the well not produce acceptable water it will be sealed.

10. F Other


cu'.


GENERAL


II


Supp. No. 53


I-


. 1


A A




I


CHAPTER 16J-0


REGISTERED

DRILLER 1975


SUDD. No. 53


GENERAL


Supp. No. 53




CHAPTER 16J-0


GENERAL


Supp. No. 53


NOTICE of VIOLATION
YOU ARE IN VIOLATION of chapter 378
Florida Statutes (Flood Control) and Chap-
ter 357-1 of the Florida Administrative
Code (Regulation for the protection of the
works of the Southwest Florida water
Management District.)
YOU ARE DIRECTED to contact the office r
below failure to do so will result in pro-
secution to the fullest extent of the law.
CHIEF PERMIT SECTION
Southwest Florida Water Management
District. P.O.Box 457, Brooksville, Fla. 33512
Tel. Brooksvlle 904-796-7211







16L


I-








Supp. No. 53 GENERAL CHAPTER 16J-0


Ir NOTICE TO CEASE AND DESIST
TO


(NAMEOF PERSON AND/OR COMPANY TO WHN NOTICE I DIRECTED)
Address hFs w
You are in violation of Chpter 373, Florida Statutes,nd Chapter of the Florid Administrative Code which e the
Rules and Regulations of the Southwest Florida Water Management District (Regulatory), copies of which are hereto attached, to*
wit:

_______ Fleorida Statues cation of sme.
Brief description of viola-
SWFWMD(R) Rules tion and location of same.

If you do not correct the above violations on or before A.M., on 19- ,
then the Southwest Florids Water Management District (Regulatory) will proceed as it might be advised under the following laws:
603 Division
1372.204 Power to enforce. The oeaemhard, the governing board of any water eangement district within which a water regu-
latory district is located, any local board, and any officer or agent of these boards my enforce any provision of this law or any rule
or regulation adopted and promulgated or order issued thereunder to the same extent a any peace officer is authorized to enforce
the law. Any office r agent of any such board ay appear before any agisratme empowered to issue warrants in criminal cases
and make an affidavit and apply for the issuance of a warrant in the manner provided by law and said magistrate, if such affidavit
shall allege the commission of an offense, shall issue a warrant directed to any sheriff, deputy, or constable for the arrest of any
offender.
609
373.211 Enforcement; city and county officers to assist. It shall be the duty of every state and county attorney, sheriff, con-
stable, police officer and other appropriate city and county officials, upon request, to assist tbhe~ W governing board of any
water management district, or any local board, or any of their agents in the enforcement of the provisions of this law and the rules
and regulations adopted thereunder.
129 division
373.29 Maintenance of actions. The heaid, the governing board of any water management district, or any local board is
authorized to commence and maintain proper and necessary actions and proceedings in any court of competent jurisdiction for any
of the following purposes:
(1) To enforce rules, regulations and orders adopted or issued pursuant to this law.
(2) To enjoin or abate violations of the provisions of this law or rules, regulations and orders adopted pursuant thereto.
(3) To protect and preserve the water resources of the state.
(4) To defend all actions and proceedings involving its powers and duties pertaining to the water resourcesof the state.

373. Penalties. Any person who vi e. o law or say rule, regulation or order adopted or issued pur-
373.2" Penalties. Any person Wl "
suant thereto is guilty of a misdemeanor no upon convection as subject to punishment by imprisonment, not exceeding ( 60
*mwhs or fine not exceeding $500.00 or both.
Days Chief Permits Section
If you have any questions regarding this matter, you should immediately contact the office of the Chief ydurelgift, South-
west Florida Water Management District (Regulatory), at the District office on U.S. Highway #41, located seven miles south of
Brooksville, Florida, or by telephoning Brooksville (904) 796-3d=t.naLr..-. Rl2aai
7211.
SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT (REGULATORY)

By


CERTIFICATE OF SERVICE

STATE OF FLORIDA
COUNTY OF

THIS L TO CERTIFY, THAT I,

have this day served upon, and delivered, a copy of the above citation, to

Dated, this dayof 19_ .




Sworn to and subscribed before me this day of 19

Notary Public


My commission expires
SWFWMD(R)
sF Iasi INDIVIDUAL ON NOTICE


SNFsDu nI CHIEF PERMITS SECTION
SF 1Se1



e 1s? l^' ,SWFWMD (R) ATTORNEY


16M





GENERAL

COMPLETION REPORT


CHAPTER 16J-0


PERMIT NUMBER

APPLICANT
Name

Address Phone

PROJECT COMPLETED
Date

PROJECT ABANDONED
Date
REMARKS


Signature


C. i


Supp. No. 53


-


A


- ~--- ~






CHAPTER 16J-0 GENERAL Supp. No. 58

NO CARBON REQUIRED

APPLICATION FOR PERMIT Number

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
P. 0. Box 457, Brooksville, Florida 33512

1. D description of construction or use: .. .. ........ .. .. ....... ..... ..... ........................



2. Location:
County: Section:... Township: Range:
Block: Lot: ................... Subdivision:.......... .... .....
3. "Works of the District" (Body of Water) involved (Section 16 CB-1 (1.03) ... ...................

4. N am e of app licant: .. ..................................................................................................
Street or P B ox:.. .... ....... .......................................
C ity ... .. .... ......... .. s e ............................State.....
5. Name of owner if other than applicant:................................
Street or P O B ox: .... .. ..................... ............ ........... ...............
C ity .. ...... .. ...... ... .. .. o.............. stat r State
If applicant is not the owner, a letter dated and signed by owner authorizing the applicant to act for him
must accompany this application.
B. Area (acre) proposed to be served: (If application is for drainage or irrigation connection, list the acre-
ages involved.)................. ......... ........
7. How soon after receipt of the permit will work commence? days. When will work be completed?
(If not completed by this date and no extension of time is applied for and granted, thCs
permit is voided.)
8. In the event that the requirements or interests of the Southwest Florida Water-Management District indicate
that the removal or alteration of any structure or works installed by the permitted is necessary, or if the struc-
ture becomes in an unsafe condition, the structure or works must be removed or altered within 60 days of
notice and at no cost to the District. Should the permitted fail or refuse to alter, or remove the structure when
so notified, the SWFWMD may alter, repair or remove the structure or work and the costs incidental thereto
must be paid by the permitted.
9. Any erosion to or shoaling in a WVork of the District" caused by the permitted's construction shall be re-
moved or repaired promptly by the permitted at no expense to the District
10. This application including sketches, drawing or plans and specifications attached contains a full and com-
plete description of the work proposed or use desired of the above described facilities of the District and
for which permit is herewith applied. It shall be a part of any permit that may be issued.
11. This application is subject to all stipulations which may appear on the approving transmittal letter.

Submitted this ... day of ...... ... ...... ..... 19 .

Signature of Applicant
(Initials) (Date)
Engineering Division Approved ...................... .......... ........................
Maintenance Division Approved .. ..............................................
Final Construction Completed ....................................... ........................


Applicant keeps Yellow Copy and sends White forward


REVISED 6/72




-


CHAPTER 16J-0


GENERAL


RULES
OF
TLIE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 16 CB-1
PROTECTION OF THE WORKS OF THE DISTRICT


1.01 Explanation of the Permi. System
1.02 Legal Basis for Issuance of Permits
1.03 The Works of the District
1.01 Explanation of the Permit Sys-
tem.-
(1) The Southwest Florida Water Manage-
ment 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 rule as "The Works of the Dis-
trict".
(2) The protection of existing works from
actions which would impair their ability to ac-
complish the purpose for which they were in-
tended, and the protection of other works for
which planning is under way is the responsibil-
ity 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 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 Dis-
trict. This approval is usually granted in the
form of a permit.
(5) The Permit does not convey any prop-
erty rights or privileges other than those speci-
fied in the Permit; it does not authorize any
injury to private property or invasion of pri-
vate 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
under the Flood Control Law.
Gencrr.l Authority 375 FS Law Implemented 378.01(1)(2)(3)
(4) 378.151: 378.16(1)(2); 378.17(1)(2)
History.-New 2-20-64. Amended 5-25-67
1.02 Legal Basis for the Issuance of Per-
mits.-
(1) Chapter 61-691, Iaws of Florida, cre-
ated the Southwest Florida Water Management
District July 1, 1961, to effect the provisions
of Chapter 3'78, Florida Statutes.
(2) Chapter 378, Florida Statutes, (Florida
Flood Control), contains provisions in Chapter
378.01 (1) (2) (3) (4), Chapter 378.1lA, Chap-
ter 378.16 (1) (2), and Chapter 378.17 (1) (2).
General Auithority t;l-G;' 1JI.'; 3~i8 FS
(3) The Governiitg IBh:'d of the Southweint
Florida Water Mau ,;ineint District hus corn-


1.04 Permit Application Procedure
1.05 Preparation of Drawing or Sketch

mittcd itself in writing to the Secretary of the
Army to perform the requirements of local co-
operation under the project, "Four River Ba-
sins, Florida" (H. D. 585, 87th Congress, 2nd
Session). Among these requirements is the fol-
lowing:
"In the case of all canals, reservoir outlets,
floodways, and natural streams on which up-
stream project works are provided, the nec.es-
sary floodway should be preserved or the
rights thereon secured to permit discharges
which would not cause significant damages un-
der present conditions of development."
General Authori:y 378 FS Law Implemented 378.01(1); 378.07
nlstory.-New 2-20-64
1.03 The Works of the District.-The
following were declared to be "The Works of
the District" by the Governing Board of the
Southwest Florida Water Management District
in its Resolution No. 63, dated October 9, 1963;
and subsequent motions of January 16, 1964;
March 17, 1965, March 15, 1967 and March 13,
1968 and at a Public Hearing of May 8, 19GS:
(1) The Hillsboroiu h River, its natural
floudway and tributaries, connecting channels,
canals, and lakes.
(2) The Oklawaha River, its natural flood-
way and tributaries, connecting channels, ca-
nals, and lakes.
(3) The Withlacoochee River, its natural
floodway and tributaries, connecting channels,
canals, and lakes.
(4) The Peace River, its natural floodway
and tributaries, connecting channels, canals,
and the lakes which are regulated by the Dis-
trict control structures, including their con-
necting channels and canals.
(5) The authorized Green Swamp Basin
reservoirs, conitecting channels, control struc-
tures, and discharge channels below reservoirs.
(Note: The land areas required for the thrme
reservoirs must be protected against encroach-
ment by private or public works to insuie
proper functioning of the "Four River Pasins,
Florida" project.)
(6) The Auclote River, its natural fiool.wayo
and tributaries, connecting clihnncls, canals,
and lakes.
(7) Lake T:arpon, its connecting ch:lwnels
and canals. including the Lake Tarpon Outfol!
Canal.


l m_~~_


Supp. No. 53


F. )


P.). 10


(11)1






Supp. No. 63


GENERAL


CHAPTER 16J-0


DOCK OR PIERS


We require the following information on work to be performed prior to issuance
of a permit for a dock or pier.

I. A sketch indicating the proposed dock location in relation to the existing
shoreline and the side property lines.

2. The proposeddeck elevation above the existing water level.





Some Basic Guidelines

I. Docks shall be a minimum of 10 feet from the side property line;

2. Dock length shall be limited to length required to provide navigability.

3. Docks shall be float type or supported upon open pilings.

4. Docks shall be positioned at right angles to the shore except in unusual circumstances.

5. Docks shall not be located or constructed in a manner which would inhibit flow
or restrict navigation.

6. Docks may parallel the shoreline.

7. Docks should have warning reflectors.


U






CHAPTER 16J-0


GENERAL


Supp. No. 53


BULKHEADS


We require the following information on work to be performed prior to
issuance of a permit for a bulkhead.

I. A property survey or sketch indicating the proposed wall location
in relation to the existing shore line.

2. The proposed alignment must be staked out for an on site inspection
by our Field Inspector. Notify the Southwest Florida Water Management
District when the site is ready for inspection.

SOME BASIC GUIDELINES


I. Bulkheads must be located landward of the mean high water line
except in unusual circumstances.

2. Foundations or pile ends should be well below the low water line
and in firm material. .

3. There should be a minimum four (4) foot return on each end of the
wail and deadmen should not be more than ten (10) feet apart unless
other adequate means of anchorage is provided.

4. Weep holes for yard drainage should be provided above the water
line.








General Authority 373.079, 373.126, 373.129, 120.53 FS.
Law Implemented 373.10,373.113,120.53 FS. History-New
12-31-74.










16R


-U


VIIN 1GENERAL~








RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 16J-1

WORKS OF THE DISTRICT


PART 1 Works of the District
16J-1.001 Purpose
16J-1.002 Definitions
16J-1.003 Implementation
16J-1.01 Explanation of the Permit System for the
works of the District
16J-1.03 The Works of the District
16J-1.051 Permit Required; Exemptions;
Applications
16J-1.06 Content of Application and Conditions
for Permit
16J-1.061 Permit Processing Fee
16J-1.07 Notice and Hearing Requirements
16J-1.09 Inspections
16J-1.10 Completion Report
16J-1.11 Revocation and Modification of Permits
16J-1.13 Remedial Measures
16J-1.14 Emergency Authorization for
Construction of Works
16J-1.15 Emergency Measures
16J-1.40 Encroachment Lines
16J-1.41 Hillsborough River Encroachment Line

16J-1.001 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 and
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 responsibilities 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."
General Authority 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Florida. Law Implemented 373.084,
373.085, 373.086, 373.087, 373.103 FS.
History-Readopted 10-5-74.
16J-1.002 Definitions. The terms set forth
herein shall have the meanings ascribed to them
unless the context clearly indicates otherwise and


such meanings shall apply throughout Part 1 of these
rules and regulations. The terms defined in Rule
16J-0.02 shall also apply throughout Part 1.
(1) "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.
(2) "Work of the District" means any lake or
other impoundment, or stream or other watercourse,
control structure, or other facility, owned and
maintained by the District or adopted by the
Governing Board as a work of the District.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Florida. Law Implemented 373.086 FS.
History-Readopted 10-5-74.

16J-1.003 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.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.087, 373.103 FS. History-Readopted 10-5-74.
16J-1.01 Explanation of the Permit System for
Works of the District.
(1) The Southwest Florida Water Management
District owns, maintains, or has accepted
responsibility for certain canals, water control
structures, rights-of-way, lakes and streams, as well as
other works which are specifically named in this part
as "The Works of the District."
(2) The protection of existing works from
actions which would impair its capacity to
accomplish the purpose for which it was intended,
and the protection of other works for which planning
is under way is the responsibility of this District.
(3) These regulations establish procedures to
be followed by those who find it necessary to
connect to, withdraw water from, discharge water
into, place construction within or across, or to
otherwise make use of the works of the Southwest
Florida Water Management District.
(4) State Laws prohibit such work unless
approved by the Governing Board of the District.
This approval is usually granted in the form of a
permit.
(5) The Permit does not convey any property
rights or privileges other than those specified in the
Permit; it does not authorize any injury to private


WORKS OF THE DISTRICT


Supp. No. 53


CHAPTER 16J-1






CWHSuDpN. 53


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.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.087, 373.103 FS. History-Readopted 10-5-74.
16J-1.03 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 tributaries, 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 (3) 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 tributaries, 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 Resolution No. 63-A, adopted March
17,1965.
(11) The Palm River and Six Mile Creek, their
natural floodways and tributaries, connecting
channels, canals, and lakes. By Resolution No. 63,
dated October 9, 1963.
(12) The Pithlachascotee 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 tributaries, channels, and canals
discharging therein. By motion adopted March 15,
18


1967.
(15) The Weeki Wachee River, its natural
floodway, tributaries, 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 tributaries, connecting channels, canals, and
lakes. By Resolution No. 542, dated April 10, 1974.
(19) Chassahowitzka River, its natural
floodways and tributaries, connecting channels,
canals, and lakes. By Resolution No. 542, dated April
10, 1974.
(20) Bullfrog Creek, north of Big Bend Road
(S.R.672).
(21) Delany Creek, west of the eastern
boundary of Section 30, Township 29S, Range 20 E.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Florida. Law Implemented 373.086 FS.
History-Readopted 10-5-74, Amended 12-31-74.
16J-1.051 Permit Required; Exemptions;
Applications.
(1) Unless expressly exempted, a permit shall
be required to connect to, withdraw
water from, discharge water into, place
construction within or across, or otherwise make use
of a work of the District or to remove any facility or
otherwise terminate such activity.
(2) A permit shall not be required:
(a) To remove any dock, pier, piling, or boat
house.
(b) To construct, alter or remove any pumping
facility withdrawing water from any stream, lake or
pond for individual domestic use or for watering
residential lawns and shrubs so long as such activity
does not breach or alter the bank or shoreline or
constitute a hindrance to the flow of any stream or
other watercourse which is a work of the District,
provided however, that Part 2 shall apply to the use
of water for such purposes.
(c) To temporarily dewater an area within the
limits of a Work of the District for construction,
alteration, or repair of building or other foundations
and roadways, or during installation, alteration, or
repair of utility pipelines, cables, culverts and catch
basins, when such temporary dewatering will be for a
period not exceeding six (6) months, provided
however, that the District shall be advised in writing
prior to commencing such activity. A permit shall be
required prior to continuation of dewatering activities
beyond the initial six (6) months period.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Florida. Law Implemented 373.084,
373.085, 373.086, 373.103 FS. History-Readopted 10-5-74,
Amended 12-31-74.
16J-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 agent
and shall be filed with the Board on forms provided
by the Board which shall include:
(a) The name and address of the applicant.
(b) The name and address of the owner or
owners of the land upon which the construction or
alteration is to take place, and a legal description of


r






























^ *


r


CHAPTER 16J-1


WORKS OF THE DISTRICT


supp. No 53







Supp. No. 53 WORKS OF THE DISTRICT CHAPTER 16J-1


cQ


such land.
(c) Location of the work.
(d) Plans and specifications.
(e) The name and address of the person who
prepared the plans and specifications.
(f) The name and address of the person who
will construct the proposed work, when available.
(2) The Board may also require the applicant
to submit other information deemed necessary.
(3) To obtain a permit under Part 1 the
permitted activity:
(a) Must be reasonable and beneficial; and
(b) Must not be inconsistent with the public
interest.
(4) Issuance of a permit will be denied if the
permitted activity:
(a) Will place fill material, or any non-water
use related structure within the mean annual
floodplain of a lake or other impoundment, or of a
stream or other watercourse.
(b) Will cause significant adverse effects on
lands not owned, leased, or otherwise controlled by
the applicant by drainage or inundation.
(c) Will restrict or alter the rate of flow of a
stream or other watercourse within the floodplain of a
twenty-five (25) year flood unless the land is owned,
leased, or otherwise controlled by the applicant.
(d) Will extend beyond a line of encroachment
established by the Board.
(e) Will cause an increase or decrease in the
rate of flow of a stream or other watercourse by five
percent (5%) or more.
(f) Will cause an increase in the peak rate of
flow or total volume of storm runoff by ten percent
(10%) or more from lands owned, leased, or otherwise
controlled by applicant.
(5) The Board for good cause shown may
grant exceptions to the provisions of paragraph (4)
above when, after consideration of all data presented,
including economic information, it finds that it is
not inconsistent with the public interest.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-5-74,
Amended 12-31-74.

16J-1.061 Permit Processing Fee. A permit
processing fee shall be paid to the District at the time
a permit application is filed in the amount prescribed
in the schedule set forth in Rule 16J-0.111.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.109 FS.
History-Readopted 10-5-74.

16J-1.07 Notice and Hearing Requirements.
(1) The Board will either issue or deny the
permit within forty-five (45) days after receipt of a
completed application, together with all supporting
information requested, or set a time for a public
hearing on said application.
(2) The applicant shall be given notice not less
than ten (10) days in advance of such hearing.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-5-74.

16J-1.09 Inspections.
(1) During such construction or alteration of
any permitted work or works, the Board may cause
to be made at its expense such periodic inspections as
it deems necessary to insure conformity with the


approved plans and specifications included in the
permit.
(2) If during construction or alteration, the
Board finds that the work is not being done in
accordance with the approved plans and
specifications as indicated in the permit, it shall give
the permitted written notice stating how the
construction is not in compliance and ordering
immediate compliance with such plans and
specifications. Failure to act in accordance with the
orders of the Board after receipt of written notice
may result in the initiation of revocation proceedings
in accordance with the provisions of Rule 16J-1.11.
(3) Upon completion of such construction or
alteration, the Executive Director shall have
inspections as frequently as deemed necessary. 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.
General Authority 373.044, 373.113, 373.149, 373.171 FS
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-5-74.
16J-1.10 Completion Report. Within thirty
(30) days after the completion of construction or
alteration for which a permit was granted by the
Board, the permitted shall file with the District a
written statement of completion on the appropriate
form provided by the Board.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-5-74.

16J-1.11 Revocation and Modification of
Permits.
(1) The Board may revoke or modify a permit
at any time if it determines that the permitted work
or works has become a danger to the public health or
safety or if its operation 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 give written notification
thereof by registered or certified mail to all affected
persons. Such notification shall contain a statement
of the reasons why the permit may be revoked or
modified, and a reference to any applicable District
objective, regulation, order, or permit condition. An
affected person may file a written petition no later
than ten (10) days after notice of proposed
revocation or modification is served for a hearing in
accordance with Part 0. No permit shall be revoked or
modified before an affected person 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,
repair, or operation of the work or works until the
hearing is concluded, or may take such action as
authorized under Rule 16J-1.14.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-5-74,
Amended 12-31-74.
16J-1.13 Remedial Measures.
(1) Upon completion of any inspection
provided for by Rule 16J-1.09(3), the Executive
Director shall determine what alterations or repairs
are necessary, and order that such alterations or
repairs shall be made within a certain time, which


Supp. No. 53


WORKS OF THE DISTRICT


CHAPTER 16J-1




*-- -


WORKS OF THE DISTRICT


shall be a reasonable time. The owner of such work or
works shall be served with the order to make such
alterations or repairs. The owner of such work or
works may file a written petition within ten (10) days
after such order is served for a hearing before the
Board in accordance with Part 0. If, after such order
becomes final, the owner of such work or works shall
fail to make the specified alterations or repairs, the
Board may in its discretion, cause such alterations or
repairs to be made.
(2) Any cost to the District of alterations or
repairs made by it under the provisions of subsection
(1) of this section shall be a lien against the property
of the landowner on wh6se land the alterations or
repairs are made until the Board is reimbursed, with
reasonable interest and attorney's fees, for its costs.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-5-74.

16J-1.14 Emergency Authorization for
Construction of Works.
(1) Permission to begin construction,
alteration, repair, or operation of the work or works
prior to the issuance of a permit may be applied for,
in writing, when emergency conditions would justify
such permission.
(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.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
61-691, Laws of Fla. Law Implemented 373.084, 373.085,
373.103 FS. History-Readopted 10-5-74, Amended
12-31-74.
16J-1.15 Emergency Measures.
(1) The Executive Director, with the
concurrence of the Board, shall immediately employ
any remedial means to protect life and property if
either:
(a) the condition of any work or works is so
dangerous to the safety of life or property as not to
permit time for the issuance and enforcement of an


Supp. No. 53


order relative to its maintenance or operation; or
(b) passing or imminent floods threaten the
safety of any work or works.
(2) In applying the emergency measures
provided for in this section, the Executive Director
may in an emergency take such other steps as may be
essential to safeguard life and property.
(3) The Executive Director shall continue in
full charge and control of such works until they are
rendered safe or the emergency occasioning the
action has ceased.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 373.085,
373.086, 373.119 FS. History-Readopted 10-5-74.
16J-1.40 Encroachment Lines.
(1) The Board, after notice and hearing, may
establish encroachment lines and prohibit or restrict
construction out into the waters in works of the
District beyond such lines.
(2) Encroachment lines shall become effective
upon recording in the public records of the county
wherein such lines are located.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
61-691 Laws of Florida. Law Implemented 373.084, 373.085,
373.086, 373.103 FS. History-Readopted 10-5-74.
16J-1.41 Hillsborough 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 Board for that portion
of the river extending downstream from the City of
Tampa dam to the Columbus Drive Bridge.
(2) A legal description of this encroachment
line has been recorded in the Official Record Book
2047 beginning on page 499 of the Public Records of
Hillsborough County, Florida. Aerial photo maps
upon which have been shown the location of such
encroachment line have also been recorded in the
same Official Record Book beginning on page 505.
General Authority 373.044, 373.113, 373.149, 373.171 FS,
61-691 Laws of Fla. Law Implemented 373.084, 73.085,
373.086, 373.103 FS. History-Readopted 10-5-74.


CHAPTER 16J-1


SN


610








RULES

OF THE

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT
CHAPTER 16J-2

CONSUMPTIVE USE OF WATER


C,


PART 2 -
16J-2.01
16J-2.03
16J-2.04
16J-2.05
16J-2.06
16J-2.07
16J-2.08

16J-2.09

16J-2.10
16J-2.11
16J-2.12
16J-2.13
16J-2.14
16J-2.15
16J-2.16
16J-2.20
16J-2.21
16J-2.22
16J-2.23

16J-2.24


- Consumptive Use of Water
Purpose
Implementation
Permits Required
Identification Tags
Content of Application
Notice of Application Form
Publication and Distribution of Notice of
Application
Times for Receiving Objections and for
Hearings
Permit Processing Fee
Conditions for a Consumptive Use Permit
Competing Applications
Duration of Permit
Modification and Renewal of Permits
Revocation of Permits
Permit Classification
Declaration of Water Shortage
Notice of Water Shortage Form
Publication of Notice of Water Shortage
Change, Suspension, or Restriction of
Permits During Water Shortage
Emergency Due to Water Shortage


16J-2.01 Purpose. The purpose of Part 2 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 consumptive uses of water.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219 FS.
History-Readopted 10-5-74.
16J-2.03 Implementation. Program for
issuance of permits authorizing the consumptive use
of water shall be implemented immediately and shall
apply as follows:
(1) Commencing January 1, 1975 within the
Hillsborough River, Northwest Hillsborough, Green
Swamp, Alafia River, Crystal-Homosassa River,
Pithlachascotee River, Peace River, Withlacoochee
River and Pinellas-Anclote River Basins, a permit shall
be required for the withdrawal of water:
(a) If the withdrawal during any single day is
to exceed one million (1,000,000) gallons or if the
average annual daily withdrawal is to exceed one
hundred thousand (100,000) gallons average per day
on an annual basis.
(b) If the withdrawal is from a well having an
inside diameter of six inches (6") or more.
(c) If the withdrawal equipment or other
facility has a capacity of more than one million
(1,000,000) gallons per day.
(d) If the withdrawal is from a combination of
wells or of other facilities or of both, having a
combined capacity of more than one million
(1,000,000) gallons per day.


General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219, 373.223,
373.224, 373.226 FS. History-Readopted 10-5-74.
16J-2.04 Permits Required.
(1) New Uses.
(a) A consumptive use permit must be
obtained from the Board before withdrawal of water
shall be commenced for quantities set forth in Rule
16J-2.03 hereof.
(b) Such permit may be obtained by
submitting an application in writing as provided in
these Rules.
(2) Existing Uses.
(a) All uses of water existing prior to January
1, 1975 in the quantities set forth in Rule 16J-2.03,
which uses are not otherwise exempted from
regulation by these Rules or by the provisions of
Chapter 373, Florida Statutes, may be continued
through December 31, 1976 without a consumptive
use permit. Commencing January 1, 1977, such use
may only be continued if a consumptive use permit
has been obtained or if an application for a
consumptive use permit has been made and is still
pending.
(b) Permits for such continued use shall be
issued by the Board for initial periods as provided in
Rule 16J-2.13 and will be issued by the Board if the
existing use is a reasonable-beneficial use and is
allowable under the common law of this State.
(c) Upon specific request of an applicant for a
permit for an existing use, as provided herein, the
Board may waive or modify the provisions of Rule
16J-2.06(2) requiring an Affidavit of Ownership and
in lieu thereof, cause notices to be posted in the
manner prescribed in Rule 16J-2.08(4).
(3) Exemptions.
(a) No permit shall be required for domestic
consumption of water by individual users but the
Board shall presume, unless otherwise shown to the
contrary, that any use of water exceeding the
quantities set forth in Rule 16J-2.03 is not limited to
such domestic consumption and is thereby not
exempt by this provision.
(b) No permit shall be required for any holder
of a permit or permit agreement for consumptive use
of water executed or issued prior to July 1, 1973 by
the Board or by the Board of Southwest Florida
Water Management District (Regulatory) so long as
such permit or permit agreement shall remain in full
force and effect, provided the holder of such permit
or permit agreement shall apply for and obtain a
permanent permit tag bearing a use identification
number, which tag shall be displayed as prescribed in
Rule 16J-2.05. Nothing herein shall be construed to
prevent the Board from modification or revocation
thereof as otherwise provided for. A well
construction permit shall not be construed to be a


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CHAPTER 16J-2 CONSUMPTIVE USE OF WATER Supp. No. 53


consumptive use permit.
(4) All uses of water, whether with or without
a permit, are subject to the provisions of Rule
16J-2.20.
(5) Increased Use.
(a) Increasing the quantity of water used will
be considered to be a new use.
(b) The amount of the new use will be the net
difference between the increased amount used and
the amount formerly used.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 73.249 FS. Law Implemented 373.219, 373.223,
373.224, 373.226 FS. History-Readopted 10-5-74,
Amended 12-31-74.
16J-2.05 Identification Tags.
(1) When a consumptive use permit is issued,
the Board will issue a permanent tag bearing a use
identification number, which tag shall be prominently
displayed at the site of withdrawal by permanently
affixing such tag to the pump, headgate, valve, or
other withdrawal facility. If the consumptive 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
may be grounds for suspension or revocation of the
permit. The permitted shall be allowed ten (10) days
after notice to obtain a replacement tag. Upon failure
of the permitted to display such tag within ten (10)
days, the Board may cause the replacement of such
tag and charge the permitted one hundred dollars
($100) for such service.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.219, 373.223,
373.224, 373.226 FS. History-Readopted 10-5-74.

16J-2.06 Content of Application.
(1) Permit application shall be sworn to and
dated by the applicant or his duly authorized agent
and shall be filed with the Board on forms provided
by the Board which shall include:
(a) The name and address of the applicant and
of the owner or owners, if other than applicant.
(b) The maximum amount of water to be
withdrawn per year and during any single day and the
maximum amounts to be consumptively used per
year and during any single day.
(c) The source of the water supply (if the
water is from a lake, or impoundment, stream or
other watercourse, the name generally given to the
source by the people in the vicinity. If the water is
from an aquifer, this fact shall be stated on the
application).
(d) The use to be made of the water and any
limitations thereon. (Applicant shall describe the
nature of the proposed use, the method of
withdrawal or diversion of the water, including the
estimated size of drop or intake pipe, the size pump,
and the size motor.)
(e) The place and area where the water is to be
used. (If for irrigation, describe the acreage to be
irrigated, the method of irrigation to be employed,
and the crops to be irrigated.)
(f) The location of the point of withdrawal or
diversion.
(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 and become a part of the permit
application:
(a) If the permit applied for is to use water to
be withdrawn from a lake or other impoundment, as
defined in Rule 16J-0.02, having a water surface of
80 acres or less, all riparian owners of lands adjoining
such lake or other impoundment 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 the
shoreline, shall be included.
(b) If the permit applied for is to use water to
be withdrawn from a stream or other watercourse, as
defined in Rule 16J-0.02, and the withdrawal is for
not more than five million gallons during a single day
(5 MGD), all riparian owners of lands within 660 feet
upstream and within 1,320 feet downstream from the
points where the extreme lateral boundaries of
applicant's property intersect with the shoreline, shall
be included; if such withdrawal is for more than five
million gallons during a single day (5MGD), all such
owners of lands within 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 property within the distances prescribed
below as measured from the well or wells, or, at the
option of applicant, all owners of property
contiguous with or within the distances prescribed of
the boundaries of applicant's property, shall be
included:
Distance Distance from
Withdrawal amounts from well property boundary


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
average ............. 660 feet
2. If the withdrawal
during any single day is to
exceed 5,000,000 gallons
but not more than
10,000,000 gallons
or
if the withdrawal is to
exceed 500,000 gallons
average per day on an
annual basis but not more
than 1,000,000 gallons ..1,320 feet


100 feet










200 feet


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CHAPTER 16J-2


3. If the withdrawal
during any single day is to
exceed 10,000,000 gallons
or
if the withdrawal is to
exceed 1,000,000 gallons
average per 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
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.229 FS.
History-Readopted 10-5-74.


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16J-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, seven (7) miles
south of Brooksville, Florida, or by mail to P. 0.
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 addresses of the objecting party.
A hearing will be held at (Time) on
(Date) at 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 available for inspection at all reasonable times.
(One of the following alternative paragraphs should
be inserted if applicable:)
This application does not exceed one hundred
thousand (100,000) gallons average per day and the
Board, after proper investigation 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 one million
(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
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.116, 373.229
FS. History-Readopted 10-5-74.

16J-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 (2)
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 Rule 16J-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
(6) 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 locations of
withdrawal and if the withdrawal during any single
day is to exceed ten million (10,000,000) 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 form:
NOTICE
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 at the
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
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.116, 373.229
FS. History-Readopted 10-5-74.
16J-2.09 Times for Receiving Objections and
for Hearing. The deadline for receiving objections to
the application shall be a day not sooner than


urteen ays after the date first publication
of the Notice of Application required in Rule
16J-2.08; the date of hearing shall be a day not
sooner than seven (7) days after such deadline.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.116, 373.229
FS. History-Readopted 10-5-74.

16J-2.10 Permit Processing Fee. A permit
processing fee shall be paid to the District at the time
a permit application is filed in the amount prescribed
in the schedule set forth in Rule 16J-0.111.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.109, 373.223
FS. History-Readopted 10-5-74.
16J-2.11 Conditions for a Consumptive Use
Permit.
(1) The intended consumptive use:
(a) Must be a reasonable, beneficial use.
(b) Must be consistent with the public interest.
(c) Will not interfere with any legal use of
water existing at the time of the application.
(2) Issuance of a permit will be denied if the
withdrawal of water:
(a) Will cause the rate of flow of a stream or other
watercourse to be lowered below the minimum rate of flow
23 SEE t%( J -O. %S L ,
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CHAPTER 16J-2 CONSUMPTIVE USE OF WATER Supp. No. 53


established by the Board.
(b) Will cause the level of the potentiometric
surface to be lowered below the regulatory level
established by the Board.
(c) Will cause the level of the surface of water
to be lowered below the minimum level established
by the Board.
(d) Will significantly induce salt water
encroachment.
(e) Will cause the water table to be lowered so
that the lake stages or vegetation will be adversely
and significantly affected on lands other than those
owned, leased, or otherwise controlled by the
applicant.
(3) Issuance of a permit will be denied if the
amount of water consumptively used will exceed the
water crop of lands owned, leased, or otherwise
controlled by the applicant. (Except where
determined otherwise, the water crop [precipitation
less evapotranspiration] throughout the District will
be assumed to be three hundred sixty-five thousand
(365,000) gallons per year per acre.)
: (4) The withdrawal of water:
(a) From a stream or other watercourse must
not reduce the rate of flow by more than five percent
(5%) at the time and point of withdrawal.
(b) Must not cause the level of the
potentiometric surface under lands not owned,
leased, or otherwise controlled by the applicant to be
lowered more than five feet (5').
(c) Must not cause the level of the water table
under lands not owned, leased, or otherwise
controlled by the applicant to be lowered more than
three feet (3').
(d) Must not cause the level of the surface of
water in any lake or other impoundment to be
lowered more than one foot (1') unless the lake or
impoundment is wholly owned, leased, or otherwise
controlled by the applicant.
(e) Must not cause the potentiometric surface
I to be lowered below sea level.
(5) The Board for good cause shown may grant
exceptions to the provisions of paragraphs (2), (3),
and (4) above when after consideration of all data
presented, including economic information, it finds
that it is consistent with the public interest.
(6) 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 (5) days after the
date of such commencement.
(b) Installation of flow metering or other
measuring 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
monitoring facilities and may establish regulatory
levels.
(e) Future reductions in withdrawals or
diversions, provided the schedule of any such
reductions or withdrawals shall be set forth
specifically on the face of the permit.
(7) The Board may reserve water from use by
permit in such locations and quantities, and for such
seasons of the year, as in its judgement may be
required for the protection of fish and wildlife or the
public health and safety. Such reservations shall be
subject to periodic review and revision in the light of


changed conditions. However, all legal uses of water
existing January 1, 1975, will be protected so long as
such use is not contrary to the public interest.
(8) In considering applications for permits
under this Rule, the portion of water consumptively
used will be determined based on available data, or in
the absence of such data, it shall be established by
reasonable calculations approved by the Board.
(a) Permits for withdrawal of water from an
area owned, leased, or otherwise controlled by an
applicant to be used on such area to irrigate fruit
trees, seed and plant beds, vegetables, other food
crops, and forage crops, including pasturage, and to
irrigate nursery stock, including ornamental plants,
trees and shrubs, will be issued if there is no surface
runoff from the area from such irrigation. If surface
runoff occurs, the amount of the runoff shall be the
primary consideration in determining the amount of
consumptive use.
(b) Permits for water to be applied to plants,
trees and shrubs, and to nursery stock, including
ornamental plants, trees and shrubs, and fish farming
ponds, as a direct means of frost or freeze protection
during time when temperatures are below or near
freezing, will be issued even though such application
may cause temporary surface runoff.
(c) Permits for removing water from fish
farming ponds periodically for the primary purpose
of harvesting the fish or for treating, reconditioning
or restocking such ponds, and for filling or
maintaining such ponds, will be issued without
considering such activity to be a consumptive use of
water.
(d) Water removed during temporary
dewatering for construction of building or other
foundations and roadways, or during installation of
utility pipelines, cables, culverts and catch basins, will
not be considered to be consumptively used.
(9) Flow metering devices will not be required
to be installed at applicant's expense when all the
water to be withdrawn will be used for irrigation or
for frost or freeze protection. The Board may supply
and install such devices for the purpose of testing and
monitoring methods of applying water but the cost of
such activity shall be borne by the District.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.223 FS.
History-Readopted 10-5-74, Amended 12-31-74.
16J-2.12 Competing Applications.
(1) If two (2) or more applications for permits,
which otherwise comply with these rules and
regulations and with any requests and instructions by
the Board, are pending for a quantity of water that is
inadequate for both or all, or which for any other
reason are in conflict, the Board shall have the right
to approve or modify the applications in a manner
which best serves the public interest as determined by
the Board.
(2) In the event that two (2) or more
competing applications qualify equally under the
provisions of subsection (1), the Board will give
preference to a renewal application over an initial
application.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.233 FS.
History-Readopted 10-5-74.
16J-2.13 Duration of Permit.
(1) Unless otherwise provided herein, each
consumptive use permit issued prior to the expiration
of five (5) years from the date of implementation as


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Supp. No. 53 CONSUMPTIVE USE OF WATER CHAPTER 16J-2


set forth in Rule 16J-2.03, shall terminate upon the
expiration of six (6) 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 (5) years from such date of
implementation shall terminate upon the expiration
of twenty (20) years from date of issuance or at such
earlier date as may be determined by the Board.
(2) Any first renewal permit issued, whether
otherwise modified or not, shall terminate upon the
expiration of twenty (20) year periods or for such
lesser periods as may be determined by the Board and
set forth on the face of the permit.
(3) Any subsequent renewal permits shall be
granted for twenty (20) year periods or for such
lesser periods as may be determined by the Board and
set forth on the face of the permit.
(4) Nothing herein shall preclude or otherwise
estop the Board from terminating, revoking or
temporarily suspending any permit as authorized in
these Rules or as provided on the face of the permit.
(5) Board may authorize a permit of duration
of up to fifty (50) years in the case of a municipality
or other governmental body or of a public works or
public service corporation where such a period is
required to provide for the retirement of bonds for
the construction of waterworks or waste disposal
facilities.
(6) Notwithstanding the provisions of Section
1, the Board, for good cause shown may grant an
initial permit for a period of time not to exceed
twenty (20) years, where such a period is required to
provide for the amortization of bonds or other
indebtedness incurred in connection with long range
capital expenditures.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.236 FS.
History-Readopted 10-5-74, Amended 12-31-74.
16J-2.14 Modification and Renewal of Permits.
(1) A permitted 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 the same
provisions currently required for initial permit
applications.
(2) Applications for renewal of permits issued
for more than one (1) year may be made at any time
during the last year of the term of an unexpired
permit and at such other times as the permitted can
show good cause for earlier consideration.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.239 FS.
History-Readopted 10-5-74.
16J-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 continue, initiate, or 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 permanently or temporarily revoke
the user's permit, in whole or in part.
(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 the permit, in whole
or in part, for a period not to exceed one (1) year.


(4) The Board may revoke a permit,
permanently and in whole, with the written consent
of the permitted.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.243 FS.
History-Readopted 10-5-74.
16J-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 be given one (1) or more
of the following classifications as to source:
(a) Aquifers
(b) Streams or other watercourses
(c) Lakes or other impoundments
(2) Each permit shall, in addition to a source
classification, be given one (1) 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.
(e) Irrigation Application of water to fruit
trees, crops, pastures, and nursery stock.
(f) Lawns Application of water to lawns and
shrubs.
(g) Livestock and other animals-Livestock and
other animals use includes uses for domestic and
commercial livestock and other animals including fish
farming.
(h) Mining Mining use includes use wherein
the water is applied for the extraction,
transportation, or processing of minerals.
(i) Perishable food processing Perishable
food processing use includes industrial uses involving
the processing of perishable food.
(j) Power Power use includes use for the
production of electric power.
(k) Recreational 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.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS.
History-Readopted 10-5-74, Amended 12-31-74.

16J-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 meet the 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 (1) or more users of the water resources as may
be necessary to protect water resources of the area
from serious harm.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS.
History-Readopted 10-5-74.


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CHAPTER 16J-2 CONSUMPTIVE USE OF WATER Supp. No. 53


16J-2.21 Notice of Water Shortage Form.
Upon declaring a water shortage, the Board shall
prepare a Notice of Water Shortage, which shall be
substantially in the following form:
Notice of Water Shortage
and Notice of Hearing
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 described as (Description of area
lying within that part of the District in which
water shortage declared) 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 (1) or more users of the
water resources 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 (Listing of county
and/or municipality water systems operating
in affected area) together with the users
located within the area described, are urgently
requested to 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 hearing 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 commencing
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 Water Management District will
consider the matter of water shortage in the
area and take such actions and impose such
restrictions as may be deemed necessary. The
next two (2) 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.
Southwest Florida Water Management District


General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 3 7 3. 2 46 FS.
History-Readopted 10-5-74.



16J-2.22 Publication of Notice of Water
Shortage. When a water shortage is declared, the
Board shall cause notice thereof to be published in a
prominent place within a newspaper of general
circulation throughout the area. Such notice shall be
published each day for the first weeks 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.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS.
History-Readopted 10-5-74.



16J-2.23 Change, Suspension, or Restriction of
Permits During Water Shortage. The Board shall
notify each permitted in the District by regular mail
of any change in the condition of his permit or any
suspension of his permit or of any other restriction
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 permitted to
the Board, otherwise the address stated on the permit
application shall be used.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS.
History-Readopted 10-5-74.



16J-2.24 Emergency Due to Water Shortage. If
an emergency condition exists dut-to 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 Rule 16J-2.20 is not
sufficient to protect the public health, safety,
welfare, the health of animals, fish, or aquatic life, a
public water supply, or recreational, commercial,
industrial, agricultural, or other reasonable uses, he
may, pursuant to the provisions of Chapter 120,
Florida Statutes, issue emergency orders reciting the
existence of such an emergency and requiring that
such action, including but not limited to,
apportioning, rotation, limiting, or prohibiting 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.
General Authority 373.044, 373.113, 373.149, 373.171,
373.216, 373.249 FS. Law Implemented 373.246 FS.
History-Readopted 10-5-74.


26


090


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114400100


CHAPTER 16J-2


CONSUMPTIVE USE OF WATER


Supp. No. 53






REGULATION OF WELLS


PART 3 Regulation of Wells REGULATI
16J-3.01 Purpose
16J-3.02 Definitions
16J-3.03 Implementation
16J-3.04 Registration of Drillers, Contractors, and
Engineering Testing Laboratories
16J-3.05 Refusal, Suspension, or Revocation of
Registration and Forfeiture of Bond
16J-3.06 Construction of Water Wells and Test or
Foundation Holes
16J-3.07 Application for Permit
16J-3.071 Permit Processing Fee
16J-3.08 Duration of Permits
16J-3.09 Completion Reports and Drillers' Logs
16J-3.10 Water Test Wells
16J-3.11 Notice of Rejection, Suspension, or
Revocation of Permit
16J-3.12 Emergency Permits
16J-3.13 Exemptions
16J-3.14 Special Completion Report Required for
Inadvertent Water Well
16J-3.15 Inventory
16J-3.20 Construction Standards
16J-3.30 Delineating Area of "Water Use-Caution"
16J-3.01 Purpose. The purpose of this part is:
(1) To codify, with only slight modification,
those Rules presently contained in Chapter 16 CC,
Florida Administrative Code, heretofore promulgated
by Southwest Florida Water Management District
(Regulatory). This water regulatory district was
created pursuant to the authority of Chapter 373,
Florida Statutes, prior to the enactment of the Water
Resources Act of 1972. Part I of the existing Rules is
set forth hereinafter as Rules 16J-3.02, -3.04, -3.05,
-3.06, -3.07, -3.071, -3.08, -3.09, -3.10, -3.11, -3.12,
-3.13, -3.14, and -3.15. Part II of the existing Rules is
set forth as Rule 16J-3.30.
(2) To enforce regulations promulgated by the
Department of Natural Resources relating to
construction standards. This provision is set forth
hereinafter as Rule 16J-3.20.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.
16J-3.02 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 Part 3 of these
rules and regulations. The terms defined in Rule
16J-0.02 shall also apply throughout Part 3. The
terms defined in section 373.303, Florida Statutes, if
inconsistent, shall not apply to Part 3 pursuant to
section 373.339, Florida Statutes.
(1) "Water well" means any artificial hole in
the ground, on submerged or unsubmerged land,
having a diameter of not less than two inches (2"), or
more than one hundred twenty inches (120") and
intended to produce or accept water or to search for
water. This definition includes but is not limited to
the following: water table wells; artesian wells; water
resources test and observation wells; water disposal


ON OF WELLS
wells; water recharge or repressuring wells; and water
level control or drainage wells.
(2) "Certified professional geologist" means
any person with expertise in chemistry, 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 (1) or more water
well drillers or test or foundation hole drillers.
(4) "Engineering testing laboratories" means
any corporation or partnership engaged in gathering
data for engineering 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.
(5) "Florida State Board of Engineering
Examiners" means a State board created and
established by Chapter 471, Florida Statutes, to carry
out the provisions relating to professional engineers.
(6) "Gang well" means a system where two (2)
or more water wells are coupled togethferwith a
common header or manifold.
(7) "Registered professional engineer" means
any person who is certified (registered) by the Florida
State Board of Engineer Examiners, as prescribed in
Chapter 471, Florida Statutes, entitled "Professional
Engineers."
(8) "Test or foundation hole" means any
artificial hole in the 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; not for the purposes
of either producing or disposing of water.
(9) "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 in (8) above.
(10) "Test or foundation hole driller" means
any person who constructs, alters, or repairs test or
foundation holes.
(11) "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) "Water well construction" means the
making or producing of any water well, including the
construction, alteration, or repair thereof.


Supp. No. 53


U -


CHAPTER 16J-3


RULES

OF THE
SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT

CHAPTER 16J-3






REGULATION OF WELLS


(13) "Water well driller" means any person
who constructs, alters, or repairs water wells.
(14) "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 the experience and learning the
skills needed to qualify for registration.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.
16J-3.03 Implementation. Part 3 shall become
effective September 30, 1974, and 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.
P 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 heretofore
contained in Chapter 16 CC of the Florida
Administrative Code or of any orders issued by said
regulatory authority. Wherever applicable and
appropriate, the District and the regulatory authority
will act concurrently in regulating water wells.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.
16J-3.04 Registration of Drillers, Contractors
and Engineering Testing Laboratories.
(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
Registration Certificates.
(a) To qualify as a registered driller a person
must:
1. Be at least sixteen (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. Pass a written test furnished by the Board.
(b) To qualify as a driller trainee a person
must:
1. Be at least fourteen (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


Supp. No. 53


3. Have a written recommendation of a
registered driller or registered contractor under whom
he will serve as a trainee. If he changes employers, a
new recommendation must be submitted.
(c) The Board may issue registration
certificates to registered professional engineers,
engineering testing laboratories, and to certified
professional geologists upon application 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
certificates shall be submitted on forms provided by
the Board.
(5) Qualifications of Conntractors for
Registration Certificates. Any contractor who is, or
has in its employ, one (1) or more registered water
well drillers, must register as a water well contractor.
Any contractor and any engineering testing
laboratory who is,[ or has in its employ one (1) 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 the 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 five thousand dollar ($5,000) bond
may not be adequate to properly protect 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 and who are required to meet the bond
requirements prescribed by the Department.
(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 maintain a
current address on file with the Department.
(8) Identification 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,


_1- _


CHAPTER 16J-3


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Supp. No. 53 REGULATION OF WELLS CHAPTER 16J-3


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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 inches (2") 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.
(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.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.323, 373.339 FS. History-Readopted
10-5-74.
16J-3.05 Refusal, Suspension, or Revocation
of Registration and Forfeiture of Bond.
(1) Grounds. The Board may refuse to issue or
renew or may suspend or revoke a registration on any
one (1) or more of the following grounds:
(a) Material misstatement 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.
(d) 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 any person other than the original issue.
(g) Failure to apply for registration prior to
beginning construction within the District.
(h) Misrepresentation, falsification, or failure
to submit records or reports required by the Board.
(2) Institution of Proceedings to Suspend or
Revoke Registration or for forfeiture of Bond.
Violations may be reported by any member 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.


REGULATION OF WELLS


Supp. No. 53


CHAPTER 16J-3


'~il~E---"---.---,..- I..., j


(3) Suspension and Revocation of Registration
and Forfeiture of Bond. Upon investigation, the
Board may suspend a contractor's 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 Revocation of Registration
of Engineering Testing Laboratories. The Board may
suspend, but will not revoke or fail to renew the
registration of any engineering testing laboratory
prior to affording the State Board of Engineer
Examiners the opportunity to review such
contemplated action.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.
16J-3.06 Construction of Water Wells and Test
or Foundation Holes.
(1) Policy. It shall be the policy of the Board
to ascertain that all water wells within the District are
located, constructed, maintained, used, and closed,
and all test or foundation holes are constructed, used,
and closed so as to protect the water resources within
said District in accordance with the purposes of these
rules and regulations.
(2) Construction methods. Water wells, test
wells and foundation holes may be constructed by
drilling, coring, boring, washing, jetting, driving, or
digging, but must be so constructed, cased, cemented,
plugged, capped, or sealed as to prevent permanently
the escape of water to waste either at or above the
land surface, or to escape from a subsurface zone of
higher hydrostatic head into a zone of lower
hydrostatic head, or to become contaminated by
poor quality water or other substance from either
surface or underground sources.
(3) Permit Required. A permit shall be
obtained from the Board before any water well or
test or foundation hole shall be constructed, repaired,
modified, or otherwise altered, except as provided in
Rule 16J-3.07(3)(b). 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.
(4) Gang Well Permits. Notwithstanding
definition of a water well, as set forth in Rule
16J-3.02(1) 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. No permit shall be
required for construction of gang wells for use to
temporarily dewater an area for construction,
alteration, or repair of building or other foundations
and roadways, or during installation, alteration, or
repair of utility pipeline, cables, culverts and catch
basins, when such temporary dewatering will be for a
period not exceeding six (6) months. A permit shall
be required prior to continuation of dewatering
activities beyond the initial six (6) months period.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74,
Amended 12-31-74.
16J-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 water






S CHAPTER 16J-3


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 Construct 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 approximate
location of the holes and the number to be drilled;
and specifications as to their construction including
diameter of holes, expected depth, whether or not
S casing will be used, and how these holes will be
plugged when abandoned. Where multiple holes are to
S be drilled at one site, a single permit may be issued.
(b) 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)
acceptable to the Board to insure the Board against
any infractions of District rules and regulations or
orders. The Board may, in unusual circumstances,
such as when the twenty-five thousand dollar
($25,000) bond may not be adequate to properly
protect the water resources of the District, prescribe
any other restrictions and may require additional
qualifications and bond as it deems proper.
(c) A special completion report and log on any
hole which may have inadvertently become a water
well will be required as set forth in Rule 16J-3.14.
(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.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.
16J-3.071 Permit Processing Fee. No permit
processing fee shall be required in connection with
applying for a permit under Part 3.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.
16J-3.08 Duration of Permits. Each permit
shall be consecutively numbered, shall be dated, and
shall be valid for a period of six (6) months, unless
the time limit is extended by the Board.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.


Logs.


16J-3.09 Completion Reports and Drillers'


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


Supp. No. 53


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 taken. Containers
and instructions shall be provided by the Board.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.
16J-3.10 Water Test Wells. More than one (1)
water well whose purpose is obtaining exploratory or
observational data may be constructed using a single
permit, 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 production or observation well without first
obtaining a permit from the Board.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.

16J-3.11 Notice of Rejection, Suspension, or
Revocation of Permit.
(1) The Board shall issue a Notice of Rejection
whenever it determines that an application for a
permit for construction fails 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 Board 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 thirty (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, and after notice and public hearing,
may extend such suspension or may revoke the
permit. Such suspension or revocation may be made
on any one (1) or more 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.
(c) 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.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.

16J-3.12 Emergency Permits. Emergency
permits may be issued by the Board when conditions
exist which justify such issuance. Emergency 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 circumstances must exist to create the
emergency, not mere carelessness or lack of planning
on the part of the driller or requester of the drilling.
The applicant for an emergency permit shall further
reduce his application to writing in accordance with


REGULATION OF WELLS


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Supp. No. 53 REGULATION OF WELLS CHAPTER 16~J-3


Rule 16J-3.07 within twenty-four (24) hours after
making oral application. Rule 16J-3.09 shall apply
to construction performed under an emergency
permit.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.

16J-3.13 Exemptions. 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 drilling.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.

16J-3.14 Special Completion Report Required
for Inadvertent Water 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 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 foundation hole contractor,
certifying that all actions required by these rules and
regulations were accomplished.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.

16J-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 effect the maximum 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 Inventoried. 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 overdevelopment,
salt-water intrusion, pollution, or other
contamination.
(a) In all such areas the Board, its employees
and agents, shall have the right to inspect all water
wells and test and foundation holes, going upon the
premises where located at any reasonable time for
such purpose.
(b) No person shall interfere with or prevent
such inspection.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.

16J-3.20 Construction Standards. The
regulations promulgated by the Department of
Natural Resources governing the construction of
water wells, as set forth in Chapter 16C-8, Florida
Administrative Code, shall apply to all water wells


and test, and foundation holes constructed, altered,
repaired, or abandoned in the District.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.309, 373.339 FS. History-Readopted
10-5-74.

16J-3.30 Delineating Area of "Water
Use-Caution".
(1) The District may declare ad delineate
from time to time, and may modify, "water
use-caution" areas within certain hydrologic areas
within the District where it finds that the use of
ground water or surface water, or both, requires
coordination and limited regulation for protection of
both the public interest and the water resources of
the State.
(2) A "water use-caution" area is one where
the District finds that the aggregate uses of water in
or affecting said area:
(a) Have developed or threatened to develop to
a degree which requires coordination and regulation;
or
(b) Detrimentally exceed or threaten to
exceed, or otherwise threaten or impair, the renewal
or replenishment of such waters or any part of them.
(3) The Governing Board of the District may
declare and delineate "water use-caution" area in
accordance with the following procedures:
(a) Whenever the Governing Board believes the
"water use-caution" situation exists or may be
emerging in any area of the District, it may direct
investigations and reports thereon.
(b) Such reports may include findings and
recommendations as to whether the water use
problems of the area involve surface waters, ground
waters, or both; whether effective measures can be
employed to either surface water or ground water, or
both; and whether timely action by any agency or
person may preclude the need for regulation. The
report may also include such other findings and
recommendations deemed appropriate, including
recommended boundaries for a "water use-caution"
area that may be proposed.
(c) If the Governing Board finds, following its
review of the report, that a "water use-caution" area
should be declared, it may declare such a "water
use-caution" area. If a "water use-caution" area is
declared, the declaration shall include a delineation of
the boundary of said hydrologic area, and the District
may prepare proposed orders or regulations
commensurate with the degree of control needed.
(d) If the Governing Board finds that a "water
use-caution" area is not to be declared and that by
timely localized actions it can prevent the need for
area-wide regulations, it may prepare proposed
regulations or orders to be applied in the area.
(4) Following the declaration of a "water
use-caution" area, the Governing Board may prepare
proposed orders or regulations to be applied in said
area, containing such of the following provisions as
the Governing Board finds appropriate concerning the
use of surface waters or ground waters, or both:
(a) Provisions requiring water users who use in
excess of one hundred million (100,000,000) gallons
per year within the area to submit reports not more
frequently than at thirty (30) day intervals concerning
quantity of water used or withdrawn, sources of
water, nature of water use, and eventual disposal of
used waters.


Supp. No. 53


REGULATION OF WELLS


CHAPTER 16J-3


F3






REGULATION OF WELLS


(b) With respect to surface waters, ground
waters, or both: Provisions concerning the timing of
withdrawals, provisions to protect against or abate
salt water encroachment or other deterioration of
quality; provisions to protect against or abate
unreasonable adverse effects on other water users
within the area and the water resources of the State.
(c) With respect to ground waters: Provisions
concerning well spacing and well construction
controls; and provisions establishing a range of
prescribed pumping levels (elevations below which
water may not be pumped) or maximum pumping
rates, or both, in wells or for the aquifer or for any
parts thereof based on the capacities and
characteristics of the aquifers.
(d) Provisions requiring that no water user shall
withdraw, divert, obtain, or utilize surface waters or
ground waters, or both, as the case may be, in excess
of one hundred million (100,000,000) gallons per
year without written authorization from the District.


Supp. No. 53


(e) Provisions requiring ground water users to
pay for design, construction, construction
supervision, and perpetual operation and maintenance
costs of works required to divert excess surface
waters to the users' area of ground water withdrawal.
The diversion of surface waters and construction of
facilities for such diversions must first be approved by
the District and upon completion of construction,
such works will be operated and maintained by the
District.
(5) Following the preparation of any proposed
orders or regulations, the District may conduct one
(1) or more public hearings to receive evidence and
testimony on the proposed orders or regulations.
General Authority 373.044, 373.149, 373.171 FS. Law
Implemented 373.339 FS. History-Readopted 10-5-74.


CHAPTER 16J-3


me


B --------




r-


F


MANAGEMENT AND STORAGE OF SURFACE WATERS


CHAPTER 16J-4


RULES


OF THE


SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT


CHAPTER 16J-4


MANAGEMENT AND STORAGE OF SURFACE WATERS
PART 4 Management and Storage of
Surface Waters (4) "Works" means
16J-4.01 Purpose other than dams, appurte
16J-4.02 Dlementation including but not necessa
16J-4.0 Implementationd canals, conduits, channels,
16-4.04 Permit Required construction that connects
16J-4.05 Exemptions drains water into, or is place
16J-4.06 Content of the Application and Condition in the District.
for Permit General Authority 373.044, 37;
16J-4.061 Permit Processing Fee Law Implemented 373.403, 373
16J-4.062 Identification Tags 10-5-74.
16J-4.071 Notice of Application Form 16J-4.03 Implemental
16J-4.072 Notice and Hearing Requirements implemented throughout
16J-4.073 Times for Receiving Objections and for comprises the District comm
Hearing General Authority 373.044, 37
Law Implemented 373.409, 37
16J-4.074 Permits Without Hearing istory-Readopted 10-5-74.
16J-4.08 Completion Report
16J-4.09 Inspections 16J-4.04 Permit Requ
16J-4.10 Permits for Operation or Maintenance (1) Unless expressly
16J-4.11 Headgates, Valves, and Measuring Devices be required to construct, a
16J-4.13 Revocation and Modification of Permits any dam, impoundment, res
16J-4.14 Abatement or works which:
16J-4.15 Remedial Measures (a) Impounds water o
16J-4.16 Emergency Authorization for (40) acres by means of dam
Construction of Works (b) Diverts water front
16J-4.17 Emergency Measures (40) acres by means of dil
16J-4.01 Purpose. The purpose of Part 4 of means, including upstream
these rules and regulations is to implement the works, impoundments, reser
declared water policy of the Southwest Florida Water (c) Reroutes, restricts,
Management District and the State of Florida relating of a stream or other watricts,
to the management and storage of surface waters. of a stream or other water
General Authority 373.044, 373.113, 373.149, 373.171 FS. watershed having an area e
Law Implemented 373.409, 373.413, 373.416, 373.426 FS. miles.
History-Readopted 10-5-74. (12 After Jlrnuarv 1


16J-4.02 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 Part 4 of these
rules and regulations. To facilitate easier reference
certain terms defined by applicable statute have been
included verbatim with appropriate citation. The
terms defined in Rule 16J-0.02 shall also apply
throughout Part 4.
(1) "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. Section
373.403(2), FS.
(2) "Dam" 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. Section 373.403(1),
FS.
(3) "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. Section 373.403(8), FS.


all artificial structures
nant works, and wells,
rily limited to, ditches,
culverts, pipes, and other
to, diverts water from, or
ed in or across, the waters

3.113, 373.149, 373.171 FS.
.423 FS. History-Readopted
tion. Part 4 shall be
the entire area which
fencing on July 1, 1975.
3.113, 37.149, 373.171 FS.
3.413, 373.416, 373.426 FS.

ired.
exempted, a permit shall
lter, abandon or remove
ervoir, appurtenant work,

n an area exceeding forty
s and appurtenant works.
n an area exceeding forty
kes, levees, fills or other
dams and appurtenant
voirs or works.
or alters the rate of flow
coursee which drains a
xceeding five (5) square

1977 unless evnracclv


exempted, a permit 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 of dikes,
levees, fills or other means, including upstream dams
and appurtenant works, impoundments, reservoirs or
works.
(c) Is equipped with a headgate, valve or other
operable structure which impounds on or diverts
from an area exceeding forty (40) acres or which is
located on a stream or other watercourse.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.409, 373.413, 373.416, 373.426 FS.
History-Readopted 10-5-74. Amended 12-31-74.

16J-4.05 Exemptions.
(1) Nothing in Part 4 shall be construed to
affect the right of any natural person to capture,
discharge, and use water for the purposes permitted
by law.
(2) Nothing in Part 4 shall be construed to
affect the right of any person engaged in the
33 occupation of agriculture, floriculture, or horticulture


Supp. No. 53


-U -




I-


MANAGEMENT AND STORAGE OF SURFACE WATERS


to alter the topography of any tract of land for
purposes consistent with the practices of such
occupation; provided however, that such alteration
shall not be for the sole or predominant purpose of
impounding or obstructing a stream or other
watercourse or changing the water level in lakes or
other impoundments; and also provided that such
alteration shall not result in substantially:
(a) Altering the peak rate of flow or the total
volume of discharge of waters into works of the
District;
(b) Altering the rate of flow 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 to construction, operation, or maintenance
of any reservoir or other artificial structure which is
located entirely within lands owned, leased, or
otherwise 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.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.406 FS. History-Readopted 10-5-74.

16J-4.06 Content of the Application and
Condition for Permit.
(1) Permit application shall be sworn to and
dated by the applicant or his duly authorized agent
and shall be filed with the Board on forms provided
by the Board which shall include:
(a) The name and address of the applicant.
(b) The name and address of the owner or
owners of the land upon which the construction or
alteration is to take place, and a legal description of
such land.
(c) Location of the work.
(d) Plans and specifications.
(e) The name and address of the person who
prepared the plans and specifications.
(f) The name and address of the person who
will construct the proposed work, when available.
(2) The Board may also require the applicant
to submit other information deemed necessary.
(3) To obtain a permit under Part 4, the
permitted activity:
(a) Must be a reasonable, beneficial activity.
(b) Must be consistent with the public interest.
(c) Will not interfere with any legal use of
water existing at the time of the application.
(4) Issuance of a permit will be denied if the
permitted activity:
(a) Wil cause the rate of flow of a stream or other
watercourse to be lowered below the minimum flow
established by the Board.
(b) Will cause the level of the potentiometric
surface to be lowered below the regulatory level
established by the Board.
(c) Will cause the level of the surface of water
in any lake or other impoundment to be lowered
below the minimum level established by the Board.
(d) Will significantly induce salt water
encroachment.
(e) Will cause the water table to be lowered so
that the lake stages or vegetation will be adversely
and significantly affected on lands other than those


Supp. No. 53


owned, leased, or otherwise controlled by the
applicant.
(5) The permitted activity:
(a) Must not restrict or alter the rate of flow
of a stream or other watercourse by more than ten
percent (10%) at the time and point of withdrawal,
except in case of a dam where water is stored for
subsequent release downstream.
(b) Must not cause the level of the
potentiometric surface under lands not owned,
leased, or otherwise controlled by the applicant to be
lowered more than five feet (5').
(c) Must not cause the level of the water table
under lands not owned, leased, or otherwise
controlled by the applicant to be lowered more than
three feet (3').
(d) Must not cause the level of the surface of
water in any lake or other impoundment to be
lowered more than one foot (1') unless the lake or
impoundment is wholly owned, leased, or other wise
controlled by the applicant.
(e) Must not cause the potentiometric surface
to be lowered below sea level.
(6) The Board for good cause shown may grant
exceptions to the provisions of paragraphs (4) and (5)
above when, after consideration of all data presented,
including economic information, it finds that it is
consistent with the public interest.
(7) The Board may condition the granting of a
permit so as to require :
(a) Dates on which construction, alteration,
removal and operation are to be commenced or
completed, with notification of such commencement
and completion to be given, in writing postmarked no
later than five (5) days thereafter.
(b) Reports of operations on forms to be
provided which shall be submitted within the times
prescribed.
(c) Installation of monitoring facilities.
(d) Prescribed operating procedures and
schedules.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.413, History-Readopted 10-5-74,
Amended 12-31-74.
16J-4.061 Permit Processing Fee. A permit
processing fee shall be paid to the District at the time
a permit application is filed in the amount prescribed
in the schedule set forth in Rule 16 J-0.111.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.109 FS. History-Readopted 10-5-74.

16 J-4.062 Identification Tags.
(1) When a permit is issued, the Board shall issue
a permanent tag bearing an identification number
which shall be prominently displayed and
permanently affixed to the facility or at the site of
the permitted activity.
(2) Failure to display a permit tag as prescribed
herein may constitute a violation of these Rules and
shall be grounds for suspension or revocation of the
permit upon notice and hearing. The permitted shall
be allowed ten (10) days after notice to obtain a
replacement tag. Upon failure of the permitted to
display such tag within ten (10) days, the Board may
cause the replacement of such tag and charge the
permitted one hundred dollars ($100) for such
service.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS.
History-Readopted 10-5-74.


CHAPTER 16J-4


mQ


I


r~~






Supp. No. 49


MANAGEMENT AND STORAGE OF SURFACE WATERS


r t


CHAPTER 16J-4


16 J-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 (Municipality, 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 Governers of
Southwest Florida Water Management District in
person at its offices on U.S. 41, seven (7) miles south
of Brooksville, Florida, or by mail to P. O. 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 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 reasonable times.
(The following paragraph should be inserted if
applicable:)
The permit applied for impounds water on or
diverts water from an area not exceeding three
hundred twenty (320) acres. If no substantial
objection to the application is received, the Board
after proper investigation by its staff, may at its
discretion approve the application without a hearing.

Southwest Florida Water Management District
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS.
History-Readopted 10-5-74.
16 J-4.072 Notice and Hearing Requirements.
(1) Within forty-five (45) days after receipt of
a completed application for a permit under the
provisions of Rule 16 J-4.06 where the impounded
area or the area from which waters will be diverted
will exceed eighty (80) acres in area, the Board shall
cause a Notice of Application to be published at least
once a week for two (2) consecutive weeks in a
newspaper having general circulation within the
affected area.
(2) The Board shall cause copies of such Notice


r


of Application to be mailed to persons who have filed
written requests within the immediately preceding six
(6) months for notification of any pending
applications affecting the particular designated area.
Such notice shall be sent by regular mail posted not
later than the first date of publication.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS.
History-Readopted 10-5-74.
16J-4.073 Times for Receiving Objections and
for Hearing. The deadline for receiving objections to
the application shall be a day not sooner than
fourteen (14) days after the date of first publication
of the Notice of Application required in Rule 16
J-4.071. The date of hearing shall be a day not sooner
than seven (7) days thereafter.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.413, 373.416, 373.426 FS.
History-Readopted 10-5-74.
16J-4.074 Permits Without Hearing. If the
impounded area or the area from which the water will
be diverted will not exceed three hundred twenty
(320) acres and if no substantial objection to the
application is received before the prescribed deadline,
the Board after proper investigation by its staff may
issue a permit without a hearing.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.413 FS. History-Readopted 10-5-74.

16J-4.08 Completion Report. Within thirty
(30) days after the completion of construction or
alteration of any activity for which a permit was
granted by the Board, the permitted shall file with the
District a written statement of completion on the
appropriate form provided by the Board.
General Authority 373.044, 373.113, 373.149, 373.171FS.
Law Implemented 373.419 FS. History-Readopted 10-5-74.

16J-4.09 Inspections.
(1) During construction or alteration, the
Board may cause to be made at its expense such
periodic inspections as it deems necessary to insure
conformity with the approved plans and
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 give the permitted written notice
how the construction is not in compliance and shall
order immediate compliance with such plans and
specifications. Failure to act in accordance with the
orders of the Board after receipt of written notice
shall result in the initiation of revocation proceedings
in accordance with the provisions of Rule 16 J-4.13.
(3) Upon completion of the work, the
Executive Director shall have inspections made
annually or more frequently as deemed necessary of
the 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.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.423 FS. History-Readopted 10-5-74.
16J-4.10 Permits for Operation or
Maintenance.
(1) After January 1, 1975, unless expressly
exempted by law, no person shall, without a permit
from the Board, operate or maintain any dam located






MANAGEMENT AND STORAGE OF SURFACE WATERS


on a stream or other watercourse, or any
impoundment which relies on a stream or other
watercourse for its supply, or any other
impoundment with a water surface area greater than
forty (40) acres.
(2) Applications for permits required by
subsection (1) above shall be filed with the District
and shall include the same information as required in
Rule 16 J-4.06(3).
(3) The Board may impose on any permit
granted under subsection (1) above such reasonable
conditions as are necessary to assure that the
permitted operation or maintenance will not be
S inconsistent with the overall objectives of the District
and will not be harmful to the water resources of the
District.
(4) Except as otherwise provided in Rule 16
J-4.13, a permit issued under subsection (1) above
shall be permanent. The sale or conveyance of such
facility or the land on which the same is located, shall
in no way affect the validity of the permit so long as
the use remains the same provided that the owner, in
whose name the permit was granted, notifies the
Board of such change of ownership within thirty (30)
days of such transfer.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.416 FS. History-Readopted 10-5-74.
16J-4.11 Headgates, Valves and Measuring
Devices.
(1) The owner of any dam, impoundment,
reservoir, appurtenant work, or work subjects to Part
4 may be required, after notice and hearing by the
Board, to install and maintain a substantial and
serviceable headgate or valve at the point where the
water is discharged or diverted, and shall if required
by the Board, install a measuring device which meets
the requirements and specifications of the Board at
the point designated by the Board for measuring the
water discharged or diverted.
(2) If any owner shall not have constructed or
installed such headgate, valve or such measuring
device within sixty (60) days after the Board has
ordered its construction, the Board shall have
constructed or installed such headgate, walve or
measuring device, and the costs of installing the
headgate, valve or measuring device shall be a lien
against the owner's land upon which such installation
takes place until the Board is reimbursed in full.
(3) No person shall alter or tamper with a
measuring device so as to cause it to register other
than the actual amount of water diverted, discharged
or taken. Violation of this subsection shall be a
misdemeanor in the second degree, punishable under
Section 775.082(5)(b), Florida Statutes.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.409 FS. History-Readopted 10-5-74.

16J-4.13 Revocation and Modification of
S Permits.
i (1) The Board may revoke or modify a permit
at any time if it determines that a dam,
impoundment, appurtenant work, or works has
become a danger to the public heath 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 give written notification
thereof by registered or certified mail to the permit


Supp. No. 49


holder. Such notification shall contain a statement of
the reasons why the revocation or modification is
proposed, 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 or modification is served for a hearing. No
permit shall be revoked or modified before the permit
holder 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 facility until the hearing is
concluded, or may take such action as authorized
under Rule 16J-4.16.
(4) The Board may revoke a permit,
permanently and in whole, with the written consent
of the permitted.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.429 FS. History-Readopted 10-5-74.

16J-4.14 Abatement. Any dam, impoundment,
appurtenant work, or works which violates the laws
of this 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 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.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.433 FS. History-Readopted 10-5-74.
16J-4.15 Remedial Measures.
(1) Upon completion of any inspection
provided for by Rule 16J-4.09, the Executive
Director shall determine what alterations or repairs
shall be made within a time certain, which shall be a
reasonable time. The owner of such facility shall be
served with the order to make such alterations or
repairs. The holder of any lesser interest in such facility
shall be notified by registered or certified mail of the
order to make such alterations or repairs. The owner
of such facility may file a written petition within ten
(10) days after such order is served for a hearing before
the Board. If, after such order becomes final, the owner
of such facility shall fail to make the specified
alterations or repairs, the Board may in its discretion
cause such alterations or repairs to be made.
(2) Any cost to the District of alterations or
repairs made by it under the provisions of subsection
(1) of this section shall be a lien against the property of
the landowner on whose land the alterations or
repairs are made until the Board is reimbursed, with
reasonable interest and attorney's fees, for its costs.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.436 FS. History-Readopted 10-5-74.
16J-4.16 Emergency Authorization for
Construction.
(1) Permission to begin construction,
alteration, or removal of a dam, impoundment,
appurtenant work, or works prior to the issuance of a
permit may be applied for, in writing, when an
emergency condition exists which justifies such
permission.
(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.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.439 FS. History-Readopted 10-5-74.


CHAPTER 16J-4


-


0


I~IIITC- --- J






MANAGEMENT AND STORAGE OF SURFACE WATERS


CHAPTER 16J-4


16J-4.17 Emergency Measures.
(1) The Executive Director, with the
concurrence of the Board, shall immediately employ
any remedial means to protect life and property if
either:
(a) The condition of any dam, impoundment,
appurtenant work, or works is so dangerous to the
safety of life or property as not to permit time for
the issuance and enforcement of an order relative to
its maintenance or operation;or
(b) Passing or imminent floods threaten the
safety of any such 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
from any lake or other impoundment.
(b) Completely empty the lake or other
impoundment.
(c) Take such other steps as may be essential to
safeguard life and property.
(3) The Executive Director shall continue in
full charge and control of such facility until it is
rendered safe or the emergency occasioning the
action has ceased.
General Authority 373.044, 373.113, 373.149, 373.171 FS.
Law Implemented 373.439 FS. History-Readopted 10-5-74.


Supp. No. 49






CHAPTER 61-691

SENATE BILL NO. 485


AN ACT creating Southwest Florida Water Management District in Florida;
defining the boundaries of said district; imposing taxes on all pro-
perty in said district; and providing that said district shall operate
under Chapter 378, Florida Statutes, with certain exceptions; providing
for creation of Basin Water Management Boards within said District;
providing for the abolishment of the Peace River Valley Water Conserva-
tion and Drainage District created by Chapter 59-1002, Laws of Florida;
providing for the discharge of its obligations and for the transfer of
its assets to the District herein created; providing for the operations
and management of property of the Lake Apopka Recreation and Water
Conservation and Control Authority created by Chapter 28325, Laws of
Florida, 1953, and the Oklawaha Recreation and Water Conservation and
Control Authority created by Chapter 29222,Laws of Florida, 1953, and
transferring certain functions and excluding the counties of Dixie,
Charlotte, Manatee and Sarasota from the provisions of this Act.

Be It Enacted by the LegislatuAe o6 the State oa Florida:

Section 1. For the purpose defined in Chapter 378, Florida Statutes,
and to facilitate the creation and initial operation of a district under
said chapter, Southwest Florida Water Management District is hereby
1 created a public corporation for carrying out and effectuating the pro-
visions of said chapter. Other than as herein provided, Southwest Florida
Water Management District shall operate under and be governed by the
provisions of Chapter 378, Florida Statutes, as amended from time to time.

Section 2. Southwest Florida Water Management District shall include
the area within the following boundaries:

Begin at the intersection of the south boundary of Charlotte
County with the Gulf of Mexico; thence eastward along the
Charlotte-Lee County line to the southeast corner of Section
33, Township 42 South, Range 24 East; thence north along the
section line to the northeast corner of Section 4, Township 42,
Range 24 East; thence east along the township line to the
northeast corner of Section 1, Township 42 South, Range 25
East; thence north along the range line to the northeast corner
of Section 1, Township 41 South, Range 25 East; thence east
along the township line to the southeast corner of Section 36,
Township 40 South, Range 26 East; thence north along the range
line to the northeast corner of Section 1, Township 40 South,
Range 26 East; thence east along township line to southeast
corner of Section 36, Township 39 South, Range 27 East; thence
north along the range line to northeast corner of Section 1,
Township 33 South, Range 27 East; thence west along township
line to southwest corner of Section 34, Township 32 South,
b ak Range 27 East; thence north along the section line to the






northeast corner of Section 33, Township 30 South, Range 27 East;
thence east along the section line to the southeast corner of *
Section 26, Township 30 South, Range 27 East; thence north along
the section line to the northeast corner of Section 35, Township
28 South, Range 27 East, thence west along section line to the
southwest corner of Section 27, Township 28 South, Range 27 East;
thence north along section line to the northwest corner of Section
3, Township 28 South, Range 27 East; thence west to southwest
corner of Section 33, Township 27 South, Range 27 East; thence
north along section line to northeast corner of Section 5, Town-
ship 27 South, Range 27 East; thence west along township line
between Townships 26 and 27 South to the southwest corner of
Section 31, Township 26 South, Range 27 East; thence north along
range line between ranges 26 and 27 East to the northwest corner
Section 18, Township 23 South, Range 27 East; thence east along
section line to southeast corner of Section 11, Township 23 South,
Range 27 East; thence north along section line to northeast corner
of Section 2, Township 23 South, Range 27 East; thence east along
township line between Township 22 and 23 South to the southeast
corner of Section 31, Township 22 South, Range 28 East; thence Bc
north along section line to northeast corner Section 30, Town- of
ship 22 South, Range 28 East; thence west along section line to ye
southwest corner Section 19, Township 22 South, Range 28 East; ap
thence north along range line between Ranges 27 and 28 East to Go
southwest corner Section 7, Township 22 South, Range 28 East; tb
thence east along section line to southeast corner Section 7, (1
Township 22 South, Range 28 East; thence north along section I s
line to southwest corner Section 17, Township 21 South, Range Wi
28 East; thence east along section line to southeast corner (1
Section 17, Township 21 South, Range 28 East; thence north along wa
section line to northeast corner Section 32, Township 20 South, ly
Range 28 East; thence west along section line to northwest corner wa
Section 31, Township 20 South, Range 28 East; thence south along th
range line to southwest corner Section 31, Township 20 South, no
Range 28 East; thence west along township line to southwest corner no
Section 35, Township 20 South, Range 27 East; thence north along Ri
section line to northeast corner Section 3, Township 20 South, so
Range 27 East; thence east along township line between Township wa
19 and 20 South to northeast corner Section 1, Township 20 South, re
Range 27 East; thence north along range line to the northeast tr
corner Section 1, Township 19 South, Range 27 East; thence west me
along township line to northeast corner Section 1, Township 19 sh
South, Range 26 East; thence north along range line between
Ranges 26 and 27 East to northeast corner Section 1, Township
18 South, Range 26 East; thence west along township line to in
southwest corner Section 35, Township 17 South, Range 26 East; ma
thence north along section line to northeast corner of Section ad
15, Township 17 South, Range 26 East; thence west along section Ba
line to southwest corner of Section 7, Township 17 South, Range Co
tr
an






26 East; thence north along range line between Ranges 25 and
26 East to northeast corner Section 1, Township 15 South, Range
25 East; thence west along township line to southwest corner of
Section 31, Township 14 South, Range 25 East; thence north along
range line between Ranges 24 and 25 East to the Marion-Putnam
County line (Oklawaha River); thence west along Marion County
line to the Levy County line; thence westerly along the Alachua-
Levy County line to the Gilchrist County line; thence north
along Gilchrist County to Santa Fe River; thence westerly
along the Santa Fe River to the Suwannee River; thence south
along the Suwannee River to the Dixie-Lafayette County line;
thence west along the Dixie-Lafayette County line to the
Taylor-Dixie County line; thence south along the Dixie-Taylor
County line to the Gulf of Mexico; thence south along the shore
of the Gulf of Mexico to the point of beginning.



Section 3. Organization of Di6tLctt Govetning BoaAd.--The Governing
Board of the Southwest Florida Water Management District shall consist
of nine (9) members appointed by the Governor of Floria for three (3)
years staggered terms, or until their successor or successors shall be
appointed; provided, however, that of the members comprising the first
Governing Board three (3) shall serve for a term of three (3) years,
three (3) for a term of two (2) years, and three (3) for a term of one
(1) year. One (1) member shall reside in each of the following water-
sheds or river basins generally designated as: The Oklawaha River; the
Withlacoochee River; the Hillsborough River; and the Peace River. One
(1) member each shall reside in Lake County and in each of the following named
watershed basins: Those watershed basins, included in the district,
lying north of the watershed basin of the Anclote River and west of the
watershed basin of the Oklawaha River, excluding the watershed basin of
the Withlacoochee River; those watershed basins lying between the
northern limits of the watershed basin of the Anclote River and the
north and western limits of the watershed basin of the Hillsborough
River including all of Pinellas County; and those watershed basins lying
south of the watershed basin of the Hillsborough River and west of the
watershed basin of the Peace River. Each such member shall reside in the
respective counties in said last mentioned watershed basins which con-
tribute the greatest amount in taxes to the district. And two (2)
members shall be appointed at large, provided, however, that no county
shall have more than one (1) member on the district board.

Section 4. Ptovciding 60o di6stlictt wo0kh.--District works as provided
in Section 378.16, Florida Statutes, shall be constructed, owned and
maintained and operated by the governing board of the district. In
addition, the district shall negotiate a contract with the Oklawaha
Basin Recreation and Water Conservation and Control Authority in Lake
County, and the Lake Apopka Recreation and Water Conservation and Con-
trol Authority of Orange County to assume responsibility for the operation
and maintenance of their water control works. Provided, that the South-
west Florida Water Management District shall not assume responsibility for
the operation of these structures prior to January 1, 1964 at midnight.






Section 5. Providing 6ot watershed babin6.--(l) All of the area of
the district shall be subdivided by the governing board of the district 1 i
into watershed basins to include each major stream and its tributary
streams and all lands draining therein except the area known as a Green
Swamp Watershed Basin, which is described as follows:

that portion of Township 27 South, Range 27 East lying within
the district and all of Township 27 South, Range 26 East; Town-
ship 27 South, Range 25 East; Township 27 South, Range 24 East;
Township 26 South, Range 23 East; Township 26 South, Range 24 East;
Township 26 South, Range 25 East; Township 26 South, Range 26 East;
Township 25 South, Range 22, 23, 24, 25, 26 East; Township 24
South, Range 23, 24, 25, 26 East; Township 23 South, Range 23, 24,
25 East.

The designation of such watershed basins shall be made by the District
Governing Board by resolutions thereof. The Governing Board of the
district may change the boundaries of watershed basins except Green Swamp
Watershed Basin to correct inequities or to create new watershed basins
or sub-watershed basins by resolution.

(2) Each watershed basin except the Green Swamp Watershed Basin
which shall be controlled by the Governing Board of the District shall
be under the control of a Basin Water Management Board which shall be
composed of one (1) representative from each of the included counties in
the basin who shall be appointed by the Governor. The county commissioners
of each of the included counties shall nominate freeholders of the basin
who shall be considered for such appointments by the Governor.

(3) Watershed basins, including all or part of two (2) counties only
shall have a board of three (3) members. One shall be nominated by each
board of county commissioners and the third shall be nominated by agree-
ment of both boards. All such nominees shall be appointed by the Governor.

(4) Watershed basins wholly contained in one (1) county shall have a
board of three (3) members. The three (3) members shall be nominated by
the board of county commissioners and appointed by the Governor.

(5) Each member of the various watershed management boards shall serve
for a period of three (3) years or until his successor is appointed by the
Governor, except that the initial boards in each watershed shall cast lots
to divide the board membership into three (3) groups as equally as possible
with members in such groups to serve one (1), two (2) and three (3) years,
respectively. Each board shall choose a vice chairman and secretary to
serve for a period of one (1) year. The term of office of board members
shall be construed to commence on July 1 preceding the date of their
appointment and terminate July 30 of the year of the end of their term.

(6) Members of the watershed management boards shall be compensated only
as provided in Chapter 378.15 (3) Laws of Florida.


INNNNNM


*Y~ --





(7) The member of the governing board of the district representing
the basin or representing the area including the basin shall be the ex
officio chairman of the basin water management board. The ex officio
chairman shall preside at all meetings of the basin water management
board, except that the vice 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.

Section 6. Duties of ba6in water. management boaWd6.--The various
basin water management boards shall be responsible for discharging
the following described functions in their respective watershed basins:

(1) Preparation of engineering plans for development of the water
resources of the basin and conduct public hearings on.such plans.

(2) Development and preparation of over-all basin plan of secondary
water control facilities for the guidance of sub-drainage districts
and private land owners in the development of their respective systems
of water control which will be connected to the primary works of the
basin to complement the engineering plan of primary works for the
basin.

(3) Prepare the annual budget for the basin and submit such budget
to the governing board of the district for inclusion in the district
budget.

(4) Final construction plans of the district for works to be con-
structed in the basin shall have prior approval of the basin water
management board.

(5) Administration of affairs of basin water management board.

Section 7. Powviding otr use of district tax monies and watenrhed basin
tax monie6.--

(1) District wide tax levies are provided to produce the necessary
funds with which the district may finance the following activities:

(a) District administration including preliminary organization.

(b) In the watershed basin designated as Green Swamp engineering and
planning, including the preparation of detailed plans and specifications
for construction; the purchase of lands and rights of way for water
storage and related activities, including levees, canals and control
structures, and maintenance and operation of such district works.

(c) Maintenance and operation of all works covered by operating agree-
ments in Section 4 of this chapter.


I






(d) Providing, however, that no tax shall be assessed, levied or
collected under the provisions of this act in any county which is
now collecting taxes for the payment for construction, operation or
administration of structures which will become a part of the system
of water controls in the district acquired to accomplish the pur-
poses of this act, until the tax year succeeding that in which the
negotiations for contract between the district and the basin for
operation and maintenance of the water control works are completed.
Provided further that nothing in this act shall be construed to
repeal or abrogate any of the powers, duties and authority of the
Oklawaha Basin Recreation and Water Conservation and Control Authority.

(1) Watershed basin tax monies shall be utilized for:

(a) Engineering studies of primary works of the basin.

(b) Payment for the preparation of final plans and
specifications for construction of basin works executed
by the district.

(c) Payment of costs of construction of works in the
basin executed by the district.

(d) Payment for maintenance and operation of basin works
as carried out by the district except as provided in
Section 7 (1) (c).

(e) Administrative activities of the basin water management '
board.

(f) Payment for rights-of-way for works in the basin.

(g) Payment of costs of road, bridge, railroad and utilities
modifications and changes resulting from basin works.

Section 8. Poaviding jot dictktict and watershed basin tax tevies.--

(1) The Governing Board of the district is authorized to levy annually
an ad valorem tax on all property of the district subject to county taxes
not to exceed the amount necessary to provide that amount of money deter-
mined to be necessary for the purpose set forth in Section 7 (1) of this
chapter. Provided, however, such tax shall be determined in each county
lying wholly or in part within the district by multiplying the average
rate, at which the total assessed value of all taxable property within
the district must be taxed to raise the required amount of taxes, by a
fraction determined separately for each county, the numerator of which
shall be the average percentage of assessed value to true value of all
counties within the district as determined by the state railroad assess-
ment board for that year and the denominator of which shall be the per-
centage of assessed value to true value of the particular county for
which the annual tax rate is being determined; provided that for the year
1962 the average annual rate shall be one-tenth (1/10) mill on the dollar
($1.00) of assessed value of such property and in subsequent years the Wj






annual tax rate for these purposes shall not exceed three-tenths (3/10)
# AN mill on the dollar ($1.00) of assessed value of such property in any county
in the district. The maximum tax rate to be levied in any one (1) year
under the authority of this section shall not exceed three-tenths (3/10)
mill on the dollar ($1.00) of assessed value in the county within the
district having the lowest level of assessment as determined by the
state railroad assessment board and the rate of taxation for each of the
other counties shall be adjusted in proportion to the ratio of the level
of assessment in the county with the lowest assessment to the level of
assessment in the county for which the rate is being determined.

(2) A watershed basin tax levy shall be made by the governing board
of the district to finance the watershed basin functions enumerated in
Section 7 (2) above. The amount of money to be raised by said tax levy
shall be determined by the adoption of an annual budget by the district
board of governors and the average millage for the basin shall be that
amount required to raise the amount called for by the annual budget
when applied to the total assessment of the basin as determined for
county taxing purposes. The rate of taxation of each county shall be
determined by multiplying the average millage by the ratio of the
average level of assessment in the basin to the level of assessment
in the county as determined by the state railroad assessment board.
Provided, that no such tax shall be levied within the basin unless and
until annual budget and required tax levy shall have been approved by
formal action of the basin water management board. Provided that no
county in the district shall be taxed under this provision at a rate to
r 3 exceed one (1) mill.

(3) The taxes provided for in this section shall be extended by
the county tax assessor on the county tax roll in each county within or
partly within the district and shall be collected by the tax collector,
in the same manner and time as county taxes, and the proceeds therefrom
paid to said district. Said taxes shall be a lien until paid on the
property against which assessed, and enforceable in like manner as county
taxes. The tax assessor, tax collector and clerk of the circuit court of
the respective counties shall be entitled to compensation for services
performed in connection with such taxes at the same rates as apply to
county taxes.

(4) All lands, the title to which is vested in the trustees of the
internal improvement fund, located within the boundaries of the Southwest
Florida Water Management District shall be subject to the tax authorized
to be levied by this act and for such purpose shall be assessed in an
amount equal to the other lands in the same vicinity, which amount the
said trustees shall ascertain and certify to the governing board of the
district.

(5) It is hereby determined that the taxes authorized by this act are
in proportion to the benefits to be derived by the several parcels of
real estate within the district from the works authorized herein.






Section 9. Providing jot continuation o6 development of Peace RiveA
&BaAin. --

(1) It is being contemplated .that the Southwest Florida Water Manage-
ment District and the Peace River Basin Water Management Board shall assume
responsibility for planning, constructing, and operating necessary water
management works in the Peace River Basin wherein the Peace River valley
water conservation and drainage district created and established by
Chapter 59-1002, Laws of Florida, has authority, the said Peace River
valley water conservation and drainage district is hereby directed to
settle all outstanding obligations with funds on hand and to transfer all
remaining assets or obligations to the Southwest Florida Water Management
District effective June 30, 1963, at midnight. Any funds so transferred
shall be expended by the district board only with the approval of the
Peace River Basin Water Management Board.

(2) Peace River valley water conservation and drainage district,
organized and existing under Chapter 59-1002, Laws of Florida, is
abolished effective June 30, 1963, at midnight.

Section 10. WaiveA od ptoceduAes cAeating di6ttrict.--By reason of the
creation of the Southwest Florida Water Management District by this
chapter, the provisions of Chapter 378, Florida Statutes, with reference
to the creation of such a district are not applicable.

Section 11. ExceL ion o6 unconstitutional phta6ea.--If any word, phrase,
clause, sentence, paragraph or any other portion of this chapter should be
declared unconstitutional by any court of competent jurisdiction, the
decision of such court shall not affect or impair any of the remaining
provisions of this chapter. It is hereby declared to be the legislative
intent that this chapter would have been adopted had such unconstitutional
portion not been included therein.

Section 12. Contict with otheAt eaws.--In the event of a conflict between
the provisions of this chapter and the provisions of any other chapter,
the provisions of this chapter shall control to the extent of such conflict.

Section 13. Adequate public notice.--It is found and determined that
notice of intention to apply for this legislation was given in the time,
form, and manner required by the constitution and law. Said notice is found
to be sufficient and is hereby validated and approved.

Section 14. Not withstanding any other provisions of this act the counties
of Dixie, Charlotte, Manatee and Sarasota shall not be included within the
boundaries of the Southwest Florida Water Management District and said
counties shall not be liable for the payment of any of the taxes provided
for herein.

Section 15. Effective date o6 thi6 ac-t.--This chapter shall take effect
at 12:01 A.M. on July 1, 1961.





CHAPTER 63-659
AN ACT relating to the Southwest Florida Water Management District;
amending Section 2 of Chapter 61-691, Laws of Florida, prescrib-
ing the area of said District: providing an effective date.

Be It Enacted by the Legizlature oj the State oj Ftlotida:

Section 1. Section 2 of Chapter 61-691, Laws of Florida, is amended
by striking that portion of the description of the boundary of the dis-
trict commencing with the words: "thence north along Gilchrist County
to Santa Fe River" and including all of the remaining portion of the
description and substituting therefore the following:

Thence north along the Gilchrist-Alachus County line to
the northeast corner of Section 1, Township 9, South,
Range 16 East; thence westward along township line to
northwest corner of Section 2, Township 9 South, Range
15 East; thence south along section line to the south-
west corner of Section 11, Township 12 South, Range 15
East; thence westerly northwest corner of Section 15,
Township 12 South, Range 15 East; thence south to south-
west corner of Section 15, Township 12 South, Range 15
East; thence west to northwest corner of Section 21,
Township 12 South, Range 15 East; thence south to south-
west corner of Section 21, Township 12 South, Range 15
F 'I East; thence west to northwest corner of Section 29,
Township 12 South, Range 15 East; thence south to south-
west corner of Section 29, Township 12 South, Range 15
East; thence west to northwest corner of Section 35,
Township 12 South, Range 14 East; thence south to south-
west corner of Section 23, Township 13 south, Range 14
East; thence west to northwest corner of Section 27,
Township 13 South, Range 14 East; thence south to north-
west corner of Section 34, Township 13 South, Range 14
East; thence west to northwest corner of Section 33,
Township 13 South, Range 14 East; thence south to north-
west corner of Section 4, Township 14 South, Range 14
East; thence west along township line to northwest
corner of Section 6, Township 14 South, Range 13 East;
thence south along the range line to the northwest corner
of Section 6, Township 15 South, Range 13 East; thence
west along the township line to the Gulf of Mexico.

Section 2. This act shall take effect immediately upon becoming a
law. H.B. 2390

Became a law without the Governor's approval.

Filed in Office Secretary of State on July 10, 1963.


-- I





CHAPTER 63-849

HOUSE BILL NO. 958

AN ACT relating to Charlotte County; amending Section 14 of Chapter
61-691, Laws of Florida, relating to the creation of the Southwest
Florida Water Management District, by striking Charlotte County
from those counties excluded from said District; providing effective
date.

Be It Enacted by the Legitlature of the State o6 Ftorida:

Section 1. Section 14 of Chapter 61-691, Laws of Florida, is
amended to read:

Section 14. Notwithstanding any other provisions of this act the
counties of Dixie, Manatee and Sarasota shall not be included within
the boundaries of the Southwest Florida Water Management District and
said counties shall not be liable for the payment of any of the taxes
provided for herein.

Section 2. This act shall take effect immediately upon becoming a
law.

Became a law without the Governor's approval. Filed in Office
Secretary of State May 10, 1963.












1








CHAPTER 373
WATER RESOURCES

PART I STATE WATER RESOURCE PLAN
PART II PERMITTING OF CONSUMPTIVE USES OF WATER (373.203-373.249)

PART III REGULATION OF WELLS (373.303-373.339)

PART IV MANAGEMENT AND STORAGE OF SURFACE WATERS (373.403-373.443)

PART V FINANCE AND TAXATION (373.495-373.589)

PART VI MISCELLANEOUS PROVISIONS (373.603-373.6161)


PART I

WATER RESOURCES


373.012 Topographic mapping.
373.013 Short title.
373.016 Declaration of policy.
373.019 Definitions.
373.023 Scope and application.
373.026 General powers and duties of the depart-
ment.
373.029 Southeast river basins resources advi-
sory board.
373.033 Saltwater barrier line.
373.036 State water use plan.
373.039 Florida water plan.
373.042 Minimum flows and levels.
373.043 Adoption and enforcement of regula-
tions by the department.
373.044 Rules and regulations; enforcement.
373.046 Interagency agreements.
373.047 Cooperation between districts.
373.056 State agencies, cities, etc., authorized to
convey land to flood control districts.
373.069 Creation of water management districts.
373.0693 Basins; basin boards.
373.0695 Duties of basin boards; authorized ex-
penditures.
373.0697 Basin taxes.
373.073 Governing board.
373.076 Vacancies in the governing board; re-
moval from office.
373.079 Members of governing board; oath of
office; etc.
373.083 General powers and duties of the govern-
ing board.
373.084 District works, operation by other
governmental agencies.
373.085 Use of works by other districts.
373.086 Providing for district works.
373.012 Topographic mapping.-
(1) In order to accelerate topographic
mapping in this state by the United States
geological survey, the department of transporta-
tion is hereby authorized and directed to set
aside, to pledge, and to make available annually
out of its state transportation trust fund the sum
of thirty thousand dollars; and the board of


373.087 District works using aquifer for storage
and supply.
373.089 Sale of lands.
373.093 Lease of lands or interest in land.
373.096 Releases.
373.099 Execution of instruments.
373.103 Powers which may be vested in the
governing board at the department's
discretion.
373.106 Permit required for construction involv-
ing underground formation.
373.109 Permit application fees.
373.113 Adoption of regulations by the govern-
ing board.
373.116 Procedure for water use and impound-
ment construction permit applications.
373.119 Administrative enforcement procedures;
orders.
373.123 Penalty.
373.126 Quasi-judicial hearings before the
governing board.
373.129 Maintenance of actions.
373.133 Judicial review.
373.136 Enforcement of regulations and orders.
373.139 Acquisition of real property.
373.146 Publication of notices, process, papers,
etc.
373.149 Existing districts preserved.
373.171 Rules and regulations.
373.175 Declaration of water shortage; emer-
gency orders.
373.191 County water conservation projects.
373.196 Legislative findings. (New)
373.1961 Water production. (New)
373.1962 Regional water supply authorities.
(New)
trustees of the internal improvement trust fund
is hereby authorized and directed to set aside,
to pledge and to make available annually out
of the internal improvement trust fund the sum
of ten thousand dollars; and the central and
southern Florida flood control district, out of
its funds to be derived out of the proceeds of
special assessments of its flood control taxes,


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch. 373







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


is authorized and directed to set aside, to pledge
and to make available annually such sum as
may be required to meet the needs for topo-
graphic mapping of areas affecting said dis-
trict. Such sums shall be delivered to the
treasurer of the United States or to other
proper officer, to be applied by the department
of the interior, U. S. geological survey, as to
said department of transportation and to said
board of trustees, toward the payment of not ex-
ceeding one-half the cost of standard topo-
graphic mapping in this state conducted by the
United States geological survey and as to said
flood control district to be applied toward the
payment of such proportion or part of such
cost as said district may determine. Provided,
however, that said sums authorized in this sec-
tion for the department of transportation and
for the board of trustees of the internal im-
provement trust fund shall not prevent either
of said agencies from providing additional
amounts for topographic mapping of areas
which either agency may consider of priority
status in the interest of said agencies.
(2) To further accelerate the rate at which
topographic mapping may be carried on in
Florida, any state agency having funds avail-
able for the purpose, any county or drainage or
reclamation or flood control district organized
under the laws of this state, any person, firm
or corporation, is authorized to contribute to
the cost of such mapping by depositing with the
department of transportation such amounts as
may be determined to be applied in like manner
toward topographic mapping in this state as
set forth in subsection (1).
(3) The department of transportation, the
board of trustees of the internal improvement
trust fund of this state, and central and south-
ern Florida flood control district are hereby
authorized to make such arrangements or enter
into such agreements with the United States as
may be necessary to carry out the purposes of
this section.
(4) The board of trustees of the internal im-
provement trust fund, as and when copies of
topographic maps are made available to it, shall
file such maps in the same manner as other
maps and plats of land surveys by the United
States, and the maps shall be available for ex-
amination by any interested person.
History.-1-4, ch. 57-775; 2, ch. 61-119; 1, ch. 65-475; 23,
27, 35, ch. 69-106; 2, 3, ch. 73-57.
373.013 Short title.-This chapter shall be
known as the Florida Water Resources Act of
1972.
History.-1, part I, ch. 72-299.
373.016 Declaration of policy.-
(1) The waters in the state are among its
basic resources. Such waters have not hereto-
fore been conserved or fully controlled so as
to realize their full beneficial use.
(2) It is further declared to be the policy
of the legislature:


(a) To provide for the management of water
and related land resources;
(b) To promote the conservation, develop-
ment, and proper utilization of surface and
ground water;
(c) Todevelop andregulate dams, impound-
ments, reservoirs, and other works and to provide
water storage for beneficial purposes;
(d) To prevent damage from floods, soil
erosion, and excessive drainage;
(e) To preserve natural resources, fish and
wildlife;
(f) To promote recreational development,
protect public lands, and assist in maintaining
the navigability of rivers and harbors; and
(g) Otherwise to promote the health, safety,
and general welfare of the people of this state.
(3) The legislature recognizes that the
water resource problems of the state vary from
region to region, both in magnitude and complex-
ity. It is therefore the intent of the legislature
to vest in the department of natural resources
or its successor agency the power and responsi-
bility to accomplish the conservation, protec-
tion, management, and control of the waters
of the state and with sufficient flexibility and
discretion to accomplish these ends through
delegation of appropriate powers to the various
water management districts. The department
may exercise any power herein authorized to
be exercised by a water management district;
however, to the greatest extent practicable,
such power should be delegated to the govern-
ing board of a water management district.
History.-2, part I, ch. 72-299.
373.019 Definitions.- When appearing in
this chapter or in any rule, regulation, or order
adopted pursuant thereto, the following words
shall, unless the context clearly indicates other-
wise, mean:
(1) "Department" means the department
of natural resources or its successor agency or
agencies.
(2) "Division" means the division of interior
resources or its successor agency or agencies.
(3) "Water management district" means
any flood control, resource management, or
water management district operating under the
authority of this chapter.
(4) "Governing board" means the governing
board of a water management district.
(5) "Reasonable-beneficial use" means the
use of water in such quantity as is necessary
for economic and efficient utilization for a pur-
pose and in a manner which is both reasonable
and consistent with the public interest.
(6) "Person" means any and all persons,
natural or artificial, including any individual,
firm, association, organization, partnership,
business trust, corporation, company, the United
States of America, and the state and all political
subdivisions, regions, districts, municipalities,
and public agencies thereof. The enumeration


fi


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WATER MANAGEMENT DISTRICTS






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herein is not intended to be exclusive or exhaus-
tive.
(7) "Domestic use" means any use of water
for individual personal needs or for household
purposes such as drinking, bathing, heating,
cooking, or sanitation.
(8) "Nonregulated use" means any use
of water which is exempted from regulation
by the provisions of this chapter.
(9) "Water" or "waters in the state" 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.
(10) "Ground water" means water beneath
the surface of the ground, whether or not flow-
ing through known and definite channels.
(11) "Surface water" means water upon
the surface of the earth, whether contained in
bounds created naturally or artificially or dif-
fused. Water from natural springs shall be classi-
fied as surface water when it exits from the
spring onto the earth's surface.
(12) "Stream" means any river, creek,
slough, or natural watercourse in which water
usually flows in a defined bed or channel. It
is not essential that the flowing be uniform or
uninterrupted. The fact that some part of the
bed or channel shall have been dredged or
improved does not prevent the watercourse
from being a stream.
(13) "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.
(14) "Coastal waters" means waters of the
Atlantic Ocean or the Gulf of Mexico within
the jurisdiction of the state.
(15) "Impoundment" means any lake,
reservoir, pond, or other containment of surface
water occupying a bed or depression in the
earth's surface and having a discernible shore-
line.
History.-3, part I, ch. 72-299.

373.023 Scope and application.-
(1) All waters in the state are subject to
regulation under the provisions of this chapter
unless specifically exempted by general or special
law.
(2) No state or local government agency
may enforce, except with respect to water
quality, any special act, rule, regulation, or order
affecting the waters in the state controlled under
the provisions of this act, whether enacted or
promulgated before or after the effective date of
this act, until such special act, rule, regulation,
or order has been filed with the department.
However, any agency empowered to issue emer-


agency orders affecting such waters may enforce
such emergency orders prior to filing such orders
with the department. Any rule or regulations in
effect on the effective date of this act which is
not filed with the department within one hun-
dred eighty days after the effective date of this
act shall be deemed repealed if the notice herein-
after called for shall have been received by the
state or local agency issuing such rule or regula-
tion. The department is directed to notify by
certified or registered mail every state or local
government agency known to be authorized to
enforce any special act, rule, regulation or order
affecting the waters of the state regarding the
provisions of this subsection. The department is
directed to review periodically such special acts,
rules, regulations, and orders and to recommend
to the appropriate agencies or the legislature the
amendment, consolidation, or revocation of in-
consistencies or duplications therein.
(3) Any state or local governmental agency
or other person having the power of eminent
domain or condemnation under the laws of
this state must notify the department or tle
governing board of a water management dis-


tri-jt nri-r to exe~~-i~relTln' tha nowei-


--- ----- . .. .
Hitory.-44, part I, ch. 72-299; 1, ch. 73-190.
373.026 General powers and duties of the de-
partment.-The Division of Interior Resources of
the Department of Natural Resources, or its suc-
cessor agency, shall be responsible for the ad-
ministration of this chapter at the state level.
However, the department may enter into intera-
gency agreements with any other state agency
conducting programs related to or materially af-
fecting the water resources of the state. All such
interagency agreements shall be subject to the
provisions of s. 373.046. In addition to its other
powers and duties, the department is authorized:
(1) To conduct, independently or in coopera-
tion with other agencies, topographic surveys,
research, and investigations into all aspects of
water use and water quality.
(2) To collect, compile, and analyze, for its
use and guidance in administering the water re-
source laws of this state, scientific and factual
data from the United States Geological Survey or
any state agency. State agencies are directed to
cooperate with the department or its agents in
making available to it for this purpose such sci-
entific and factual data as they may have.
(3) To cooperate with other state agencies,
water management districts, and regional,
county, or other local governmental organiza-
tions or agencies created for the purpose of uti-
lizing and conserving the waters in this state; to
assist such organizations and agencies in coordi-
nating the use of their facilities; and participate
in an exchange of ideas, knowledge, and data
with such organizations and agencies. For this
purpose the department may maintain an advi-
sory staff of experts.
(4) To prepare and provide for dissemination
to the public of current and useful information
relating to the water resources of the state.
(5) To identify by continuing study those


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Ch. 373 WTRMNGMN ITIT h 7


areas of the state where saltwater intrusion is a
threat to freshwater resources and report its
findings to the water management districts,
boards of county commissioners, and public con-
cerned.
(6) To conduct, either independently or in co-
operation with any person or governmental
agency, a program of study, research, and expe-
rimentation and evaluation in the field of
weather modification.
*(7) To exercise general supervisory author-
ity over all water management districts. The de-
partment may exercise any power herein autho-
rized to be exercised by a water management
district. The artment shall review A
rescind or modi any o r ation
orle a W r nmnt except
pol res, or relaons wich involve
only the internal management of the district, to
insure compliance with the provisions and pur-
poses of this chapter. Such review m be inii-
ated at an time either T namn nr
an mIerested prsn ao eved such olivy,
rule regulation or ord filina r t fr
sucn review with the deartm t and serving
co on ne water manaemen ct. -
quest or review s not a n itntot
ectiveness of such olcy .
er. or to the seeing of u dici review as
otherwise provide.
(8)(a) To provide such coordination, coopera-
tion, or approval necessary to the effectuation of
any plan or project of the Federal Government in
connection with or concerning the waters in the
state. Unless otherwise provided by state or fed-
eral law, the department shall, subject to confir-
mation by the legislature, have the power to ap-
prove or disapprove such federal plans or
projects on behalf of the state.
(b) The department, subject to confirmation
by the legislature, shall act on behalf of the state
in the negotiation and consummation of any
agreement or compact with another state or
other states concerning waters of the state.
(9)(a) To hold annually a conference on water
resources developmental programs. Each agency,
commission, district, municipality, or political
subdivision of the state responsible for a specific
water resources development program requiring
federal assistance shall present at such confer-
ence its programs and projects and the needs
thereof. Notice of the time and place of the an-
nual conference on water resources developmen-
tal programs shall be extended by mail at least
30 days prior to the date of such conference to
any person who has filed a written request for
notification with the department. Adequate op-
portunity shall be afforded for participation at
the conference by interested members of the
general public.
(b) Upon termination of the water confer-
ence, the department shall select those projects
for presentation in the Florida program of public
works which best represent the public welfare
and interest of the people of the state as required
for the proper development, use, conservation,
and protection of the waters of the state and
land resources affected thereby. Thereafter, the


department shall present to the appropriate com-
mittees and agencies of the Federal Government
a program of public works for Florida, request-
ing authorization for funds for each project.
History.-s. 5, part I, ch. 72-299; s. 4. ch. 74-114.
*Noe.-Subsection (7), as amended, takes effect October 1, 1974.

373.029 Southeast river basins resources
advisory board.-
(1) The governor of this state shall have
authority to appoint a representative of this
state to serve on the resources advisory board,
southeast river basins, as said board is now,
or may hereafter be, authorized, designated,
and constituted. This power of appointment
shall include the authority to fill vacancies in
the position of representative of this state on
said board from whatever cause existing and,
from time to time, to make appointments for
successive terms.
(2) The representative of this state on said
board shall be reimbursed by this state for
his necessary travel expenses while engaged in
the business of said board, as provided by
112.061.
(3) For the purpose of paying Florida's pro
rata share of the expense of maintaining and
operating the resources Advisory Board, South-
east River Basins, the division may expend an
amount not in excess of twenty-five thousand
dollars per annum out of moneys allocated the
division of administrative services.
(4) The resources advisory board, southeast
river basins, is hereby authorized to enter into
whatever agreement or agreements are neces-
sary for the purpose of extending old-age and
survivors insurance coverage to the employees
of said board. Funds appropriated to or avail-
able to said board may be expended for such
purpose. The board is hereby authorized to take
whatever action or actions deemed necessary
to provide the aforesaid coverage.
History.-- l-3, ch. 63-407; 1, ch. 65-510; 1, ch. 67-595; 25,
35, ch. 69-106 25, ch. 73-190.
Note.-See former 373.193.
373.033 Saltwater barrier line.-
(1) The division may, at the request of the
board of county commissioners of any county,
at the request of the governing board of any
water management district, or any municipality
or water district responsible for the protection
of a public water supply, or, having deter-
mined by adoption of an appropriate resolution
that salt water intrusion has become a matter
of emergency proportions, by its own initiative,
establish generally along the seacoast, inland
from the seashore and within the limits of the
area within which the petitioning board has
jurisdiction, a salt water barrier line inland of
which no canal shall be constructed or en-
larged, and no natural stream shall be deepened
or enlarged, which shall discharge into tidal
waters without a dam, control structure or
spillway at or seaward of the salt water bar-
rier line, which shall prevent the movement of
salt water inland of the salt water barrier line.
Provided, however, that the division is author-
ized, in cases where salt water intrusion is not


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Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


(F'la


a problem, to waive the requirement of a bar-
rier structure by specific permit to construct
a canal crossing the salt water barrier line
without a protective device and provided, fur-
ther that the agency petitioning for the estab-
lishment of the salt water barrier line shall
concur in the waiver.
(2) Application by a board of county com-
missioners or by the governing board of a wa-
ter management district, a municipality or a
water district for the establishment of a salt
water barrier line shall be made by adoption
of an appropriate resolution, agreeing to:
(a) Reimburse the division the cost of nec-
essary investigation, including, but not limited
to, subsurface exploration by drilling, to de-
termine the proper location of the salt water
barrier line in that county or in all or part of
the district over which the applying agency has
jurisdiction.
(b) Require compliance with the provisions
of this law by county or district forces under
their control; by those individuals or corpo-
rations filing plats for record and by indi-
viduals, corporations or agencies seeking au-
thority to discharge surface or subsurface
drainage into tidal waters.
(3) The board of county commissioners of
any county or the governing board of any wa-
ter management district, municipality or water
district desiring to establish a salt water bar-
rier line is authorized to reimburse the divi-
sion for any expense entailed in making an
investigation to determine the proper location
of the salt water barrier line, from any funds
available to them for general administrative
purposes.
(4) No final order establishing a salt water
barrier line shall be adopted by the division
until a public hearing shall be held as provided
in 373.151(1), and the evidence presented at
the hearing shall be given consideration in
determining the location of the salt water
barrier line.
(5) The division, any board of county com-
missioners, and the governing board of any
water management district, municipality or
water district having competent jurisdiction
over an area in which a salt water barrier is
established shall be charged with the enforce-
inent of the provisions of this section, and
authority for the maintenance of actions set
forth in 373.221, shall apply to this section.
(6) The provisions of 373.191 shall apply
specifically to the authority of the board o'f
county commissioners, or to the governing
board of a water management district, a mu-
nicipality or a water district having jurisdic-
tion over an area in which a salt water barrier
line is established, to expend funds from what-
ever source may be available to them for the
purpose of constructing salt water barrier
dams, dikes and spillways within existing ca-
nals and streams in conformity with the pur-
pose and intent of the board in establishing the
salt water barrier line.
History.-2, ch. 63-210; 25, 35, ch. 69-106; 25, ch. 73-190.
Note.-See former 373.194.


373.036 State water use plan.-
(1) The department shall proceed as rapidly
as possible to study existing water resources
in the state; means and methods of conserving
and augmenting such waters; existing and
contemplated needs and uses of water for
protection and procreation of fish and wildlife,
irrigation, mining, power development, and
domestic, municipal, and industrial uses; and
all other related subjects, including drainage,
reclamation, flood-plain or flood-hazard area
zoning, and selection of reservoir sites. The
department shall cooperate with the division
of state planning of the department of admin-
istration, or its successor agency, progressive-
ly to formulate, as a functional element of a
comprehensive state plan, an integrated, coor-
dinated plan for the use and development
of the waters of the state, based on the above
studies. This plan, with such amendments,
supplements and additions as may be necessary
from time to time, shall be known as the state
water use plan.
(2) In the formulation of the state water
use plan, the department shall give due consid-
eration to:
(a) The attainment of maximum reason-
able-beneficial use of water for such purposes
as those referred to in subsection (1).
(b) The maximum economic development
of the water resources consistent withother uses.
(c) The control of such waters for such
purposes as environmental protection, drainage,
flood control, and water storage.
(d) The quantity of water available for
application to a reasonable-beneficial use.
(e) The prevention of wasteful, uneconom-
ical, impractical, or unreasonable uses of water
resources.
S(f) Presently exercised domestic use and
permit rights.
(g) The preservation and enhancement of
the water quality of the state and the provisions
of the state water quality plan.
(h) The state water resources policy as
expressed by this chapter.
(3) During the process of formulating or
revising the state water use plan, the depart-
ment shall consult with, and carefully evaluate
the recommendations of, concerned federal,
state, and local agencies, particularly the
governing boards of the water management
districts, and other interested persons.
(4) Each governing board is directed to
cooperate with the department in conducting
surveys and investigations of water resources,
to furnish the department with all available
data of a technical nature, and to advise and
assist the department in the formulation and
drafting of those portions of the state plan
applicable to the district.
(5) The department shall not adopt or
modify the state water use plan or any portion
thereof without first holding a public hearing


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Ch. 373


Ch. 373







h 37


on the matter. At least ninety days in advance
of such hearing, the department shall notify
any affected governing boards, and shall give
notice of such hearing by publication within
the affected region pursuant to the provisions
of chapter 120, except such notice by publication
shall be extended at least ninety days in ad-
vance of such hearings.
(6) For the purposes of this plan the de-
partment may, in consultation with the affected
governing board, divide each water manage-
ment district into sections which shall conform
as nearly as practicable to hydrologically
controllable areas and describe all water re-
sources within each area.
(7) The department shall give careful con-
sideration to the requirements of public rec-
reation and to the protection and procreation of
fish and wildlife. The department may prohibit
or restrict other future uses on certain designa-
ted bodies of water which may be inconsis-
tent with these objectives.
(8) The department may designate certain
uses in connection with a particular source of
supply which, because of the nature of the
activity or the amount of water required, would
constitute an undesirable use for which the
governing board may deny a permit.
(9) The department may designate certain
uses in connection with a particular source of
supply which, because of the nature of the
activity or the amount of water required, would
result in an enhancement or improvement of
the water resources of the area. Such uses
shall be preferred over other uses in the event
of competing applications under the permitting
systems authorized by this chapter.
(10) The department, in cooperation with
the division of state planning of the department
of administration, or its successor agency, may
add to the state water use plan any other infor-
mation, directions, or objectives it deems neces-
sary or desirable for the guidance of the gov-
erning boards or other agencies in the admin-
istration and enforcement of this chapter.
History.-6, part I, ch. 72-299; 2, 3, ch. 73-190.

373.039 Florida water plan.-The state
water use plan together with the water quality
standards and classifications of the department
of pollution control or its successor agency shall
constitute the Florida water plan. The state
water use plan should be developed in coor-
dination with the water quality standards
system.
History.-7, part I, ch. 72-299.

373.042 Minimum flows and levels.-Within
each section, or the water management district
as a whole, the department or the governing
board shall establish the following:
(1) Minimum flow for all surface water-
courses in the area. The minimum flow for a
given watercourse shall be the limit at which
further withdrawals would be significantly
harmful to the water resources or ecology of the


area.
(2) Minimum water level. The minimum
water level shall be the level of ground water
iti an aquifer and the level of surface water at
which further withdrawals would be signifi-
cantly harmful to the water resources of the
area.
The minimum flow and minimum water level
shall be calculated by the department and the
governing board using the best information
available. When appropriate, minimum flows
and levels may be calculated to reflect seasonal
variations. The department and the governing
board shall also consider, and at their discretion
may provide for, the protection of nonconsump-
tive uses in the establishment of minimum flows
and levels.
History.-6, part I, ch. 72-299; 2, ch. 73-190.
Note.-See former 373.036(7).
*373.043 Adoption and enforcement of regu-
lations by the department.-The department
shall adopt, promulgate, and enforce such regu-
lations and review procedures as may be neces-
sary or convenient to administer the provisions
of this chapter.
Hitory.-s. 8, part I, ch. 72-299; s. 5, ch. 74-114.
*Note.-Ths section, as amended, take effect October 1, 1974.

373.044 Rules and regulations; enforcement.
-In administering this chapter the govern-
ing board of the district is authorized to make
and adopt reasonable rules, regulations and
orders consistent with law and such rules,
regulations and orders may be enforced by
mandatory injunction, or other appropriate ac-
tion in the courts of the state.
History.-4, ch. 29790, 1955; 25, ch. 73-190.
Note.-See former 378.151.
373.046 Interagency agreements.-The de-
partment may enter into interagency agree-
ments with or among any other state agencies
conducting programs or exercising powers
related to or affecting the water resources of
the state. Such agreements may establish prin-
cipal-agency or contract relationships, provide
for cross-deputization of enforcement personnel,
provide for consolidation of facilities, equip-
ment or personnel, or such other relationships
as may be deemed beneficial to the public inter-
est. Such interagency agreements shall be
promulgated in the same manner as rules and
regulations, subject to chapter 120. All state
agencies conducting programs or exercising
powers relating to or affecting the water re-
sources of the state are hereby authorized to
delegate such authority to the department or
any of the several water management districts
pursuant to such interagency agreements.
History.-9, part I, ch. 72-299.
373.047 Cooperation between districts.-
Any flood control district created under the
authority of chapter 378, is authorized to advise
other flood control districts or water manage-
ment districts of the state in processing matters
with the federal government and to render such


V"@


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h_ .373


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technical assistance as may be helpful to the
efficient operation of such other districts.
History.-1, ch. 61-245; 25, ch. 73-190.
Note.-See former 378.52.
373.056 State agencies, cities, etc., authorized
to convey land to flood control districts.-
(1) (a) When it is found to be in the public
interest and for the public convenience and
welfare, and for the public benefit, and neces-
sary for carrying out the works of improve-
ment of any flood control district referred to
in this chapter for the protection of property
and the inhabitants in said district against the
effects of water, either from its surplus or
deficiency, and for assisting said district in
acquiring land for the purposes of said district
at least public expense, any state agency, any
county, any drainage district, any municipality
or any governmental agency or public corpora-
tion in this state holding title to land, is hereby
authorized, in the discretion of the proper offi-
cer or officers, the county commissioners of
any county, or the governing board of any
agency referred to in this section, to convey
the title to or to dedicate land, title to which
is in such agency, including tax reverted land,
or to grant use rights therein to any flood con-
trol district created under any law enacted by
the legislature at its 1949 session.
(b) The land to which this section shall ap-
ply shall be located within the boundaries of
said flood control district.
(2) Land granted or conveyed to said dis-
trict or dedicated to the purposes thereof, or
use rights in said land granted thereto, shall
be for the public purposes of said district, and
may be made subject to the condition that in
the event said land is not so used, or if used
and subsequently its use for said purpose is
abandoned, that granted shall cease as to said
district and shall automatically revert to th
granting agency.
(3) Any county, municipality, drainage dis-
trict, or other taxing agency holding title to
land through tax reversion, foreclosure, for-
feiture, or through other procedure by which
tax title vested in such agency, may, pending
the determination of needs of said district,
withhold from sale or other disposition from
time to time such land as in the judgment of
such agency may be needed or helpful m facili-
tating the purposes of this chapter. In the
event more than one taxing agency holds tax
title to the same land, resulting in multiple
reversion, each of said agencies may grant to
said district such right, title or interest as it
may have in said land.
(4) Any flood control district within this
chapter shall have authority to convey to any
other agency described herein land or rights
in land owned by said district not required for
its purposes, under such terms and conditions
as the governing board of said district may
determine.
(5) Any land granted or conveyed to such
district, or dedicated to the purposes thereof,


or the use right of which has been granted
thereto, shall not be subject to the district
taxes, or other taxes or special assessmentss
so long as said title or said rights remain in
said district
(6) All rights of way of a flood control
district, which are within the boundaries of a
drainage district, shall not be liable for main-
tenance taxes of the drainage district.
History.-1-5, ch. 25213, 1949; 6, ch. 61-497; 25, ch. 73-190.
Note.-See former 378.46.
373.069 Creation of water management dis-
tricts.-
(1) On July 1, 1973, the state shall be di-
vided into the following water management dis-
tricts:
(a) Northwest Florida Water Management
District.
(b) Suwannee River Water Management
District.
(c) St. Johns River Water Management
District.
(d) Southwest Florida Water Management
District.
(e) Central and Southern Florida Flood
Control District.
(f) Ridge and Lower Gulf Coast Water Man-
agement District.
(2) The respective districts named in subsec-
tion (1) shall include the areas within the follow-
ing boundaries:
(a) Northwest Florida Water Management
District.-Begin at the point where the section
line between Sections 26 and 27, Township 4
South, Range 3 East, intersects the Gulf of Mexi-
co; thence north along the section line to the
northwest corner of Section 2, Township 1 South,
Range 3 East; thence east along the Tallahassee
Base Line to the southeast corner of Section 36,
Township 1 North, Range 4 East; thence north
along the range line to the northwest corner of
Section 6, Township 1 North, Range 5 East;
thence east along the township line to the south-
east corner of Section 36, Township 2 North,
Range 5 East; thence north along the range line
to the northeast corner of Section 24, Township
2 North, Range 5 East; thence west along the
section line to the southwest corner of the east
1/2 of Section 13, Township 2 North, Range 5
East; thence north to the northwest corner of the
east 1/2 of Section 13, Township 2 North, Range
5 East; thence east along the section line to the
southeast corner of Section 12, Township 2
North, Range 5 East; thence north along the
range line to the northeast corner of Section 24,
Township 3 North, Range 5 East; thence west
along the Watson Line to the southwest corner
of Lot Number 168; thence north along the line
between Lot Number 168 and 169, 154 and 155
to the Georgia line; thence westward along the
Georgia-Florida line to the intersection of the
south boundary of the State of Alabama; thence
west along the Alabama-Florida line to the inter-
section of the northwest corner Florida-Alabama
Boundary; thence south along the Alabama-


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WATER MANAGEMENT DISTRICTS


Florida line to the Gulf of Mexico; thence east
along the Gulf of Mexico, including the waters
of said Gulf within the jurisdiction of the State
of Florida, to the Point of Beginning.
(b) Suwannee River Water Management
District.-Begin in the Gulf of Mexico on the
Township line between Township 14 South and
Township 15 South; thence east to the northwest
corner of Section 6, Township 15 South, Range
13 East; thence north along the range line to the
northwest corner of Section 6, Township 14
South, Range 13 East; thence east along the
township line to the northwest corner of Section 4,
Township 14 South, Range 14 East; thence north
to the northwest corner of Section 33, Township
13 South, Range 14 East; thence east to the
northwest corner of Section 34, Township 13
South, Range 14 East; thence north to the north-
west corner of Section 27, Township 13 South,
Range 14 East; thence east to the southwest cor-
ner of Section 23, Township 13 South, Range 14
East; thence north to the northwest corner of Sec-
tion 35, Township 12 South, Range 14 East;
thence east to the southwest corer of Section 29,
Township 12 South, Range 15 East; thence north
to the northwest corer of Section 29, Township
12 South, Range 15 East; thence east to the south-
west corner of Section 21, Township 12 South,
Range 15 East; thence north to the northwest
corer of Section 21, Township 12 South, Range
15 East; thence east to the southwest corer of
Section 15, Township 12 South, Range 15 East;
thence north to the northwest corer of Section
15, Township 12 South, Range 15 East; thence
east to the southwest corer of Section 11,
Township 12 South, Range 15 East; thence north
along the section line to the northwest corner
of Section 2, Township 9 South Range 15 East;
thence east along the township line to the north-
east corer of Section 1, Township 9 South,
Range 16 East; thence south to the Levy County
line; thence easterly along the Alachua-Levy
County line to the southeast corer of Section
36, Township 11 South, Range 18 East; thence
north along the range line to the northwest
corner of Section 6, Township 10 South, Range
19 East; thence east along the section line to the
southeast corner of the west /s of Section 31,
Township 9 South, Range 19 East; thence north
to the northeast corer of the west %/ of Section
31, Township 9 South, Range 19 East; thence
west along the section line to the southwest
corner of Section 30, Township 9 South, Range
19 East; thence north along the range line
between Ranges 18 and 19 East to the southwest
corer of the north of Section 19, Township
9 South, Range 19 East; thence east to the
southeast corner of the north Vs of Section 19,
Township 9 South, Range 19 East; thence north
along the section line to the northeast corner of
Section 19, Township 9 South, Range 19 East;
thence east along the section line to the north-
west corer of Section 23, Township 9 South,
Range 19 East; thence south along the section
line to the southwest corer of the north '/ of


Section 23, Township 9 South, Range 19 East;
thence east to the southeast corner of the north
V8 of Section 23, Township 9 South, Range 19
East; thence north to the northwest corer of
Section 24, Township 9 South, Range 19 East;
thence east along the section line to the south-
east corner of Section 13, Township 9 South,
Range 19 East; thence north along the range line
to the northwest corner of Section 6, Township
9 South, Range 20 East; thence eastward along
the township line to the southeast corer of Sec-
tion 36, Township 8 South, Range 20 East;
thence north along the township line to the
northwest corer of Section 18, Township 8
South, Range 21 East; thence east along
the section line to the northeast corner of
Section 15, Township 8 South, Range 21 East;
thence south along the section line to the
southwest corer of Section 23, Township 8
South, Range 21 East; thence east along the sec-
tion line to the northeast corner of Section 26,
Township 8 South, Range 21 East; thence south
along the section line to the southwest corner
of the north /2 of Section 25, Township 8 South,
Range 21 East; thence east along a line to the
northeast corer of the south half of Section 25,
Township 8 South, Range 21 East; thence south
along the range line to the southwest corer of
Section 30, Township 8 South, Range 22 East;
thence east along the section line to the north-
east corer of Section 32, Township 8 South,
Range 22 East; thence south along the section
line to the southwest corner of Section 16, Town-
ship 9 South, Range 22 East; thence eastward
along the section line to the southeast corner of
the west of Section 18, Township 9 South,
Range 23 East; thence northward to the north-
east corner of the west Vs of Section 18, Township
9 South, Range 23 East; thence west to the south-
est corer of Section 7, Township 9 South,
range 23 East; thence northward along the
Bradford-Clay County line to the northeast
corner of Section 36, Township 8 South, Range
22 East; thence west along the section line to
the southwest corer of the east 1/2 of Section 25,
Township 8 South, Range 22 East; thence north
to the northeast corer of the west /2 of Section
24, Township 8 South, Range 22 East; thence
west along the section line to the southwest
corner of Section 13, Township 8 South, Range
22 East; thence north along the section line to
the northwest corer of Section 25, Township 7
South, Range 22 East; thence east along the sec-
tion line to the southeast corner of Section 24,
Township 7 South, Range 22 East; thence north
along the Bradford-Clay County line to the inter-
section of the south boundary of Baker County;
thence west along the Baker-Bradford County
line to the intersection of the east boundary of
Union County; thence west along the Union-
Baker County line to the southwest corer of
Section 18, Township 4 South, Range 20 East;
thence north along the range line to the north-
east corner of Section 1, Township 3 South,
Range 19 East; thence west along the township


Ch. 373


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Ch. 373


0)I;


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rJb-TI~-CS ----


i






Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


line to the intersection of the east boundary of
Columbia County; thence north along the Baker-
Columbia County line to the intersection of the
north boundary line of the State of Florida;
thence westward along the Georgia-Florida line
to the northwest corner of Lot Number 155,
thence south along the line between Lot Number
154 and 155, 168, and 169 to the Watson Line;
thence east along the Watson Line to the north-
east corner of Section 24, Township 3 North,
Range 5 East; thence south along the range line
between Ranges 5 and 6 East to the southeast
corner of Section 12, Township 2 North, Range
5 East; thence west along the section line to the
northwest corer of the east 1/2 of Section 13,
Township 2 North, Range 5 East; thence south
to the southwest corner of the east 1/2 of Section
13, Township 2 North, Range 5 East; thence east
along the section line to the northeast corer of
Section 24, Township 2 North, Range 5 East;
thence south along the range line between
Ranges 5 and 6 East to the southeast corer of
Section 36, Township 2 North, Range 5 East;
thence west along the township line between
Townships 1 and 2 north to the northwest cor-
ner of Section 6, Township 1 North, Range 5
East; thence south along the range line between
Ranges 4 and 5 East to the southeast corner of
Section 36, Township 1 North, Range 4 East;
thence west along the Tallahassee Base Line to
the northwest corer of Section 2, Township 1
South, Range 3 East; thence south along the sec-
tion line to the Gulf of Mexico; thence east along
the Gulf of Mexico, including the waters of said
Gulf within the jurisdiction of the State of Flor-
ida, to the Point of Beginning.
(c) St. Johns River Water Management Dis-
trict.-Begin at the intersection of the north
boundary of Brevard County with the easterly
shoreline of the State of Florida; thence west
along the north boundary of Brevard County to
the northwest corer of said county; thence west
along the township line between Townships 19
and 20 South in Volusia and Seminole Counties,
but excluding Lake Harney, to the northwest cor-
ner of Section 3, Township 20 South, Range 32
East; thence south along the west boundary of
Sections 3, 10, 15,122, 27, and 34 of Township
20 South, Range 32 East, to the north boundary
of Township 21 South, Range 32 East; thence
west along the north boundary of Township 21
South to the northwest corner of Township 21
South, Range 32 East; thence south along the
west boundary of said Township 21 South,
Range 32 East, to the southwest corner thereof
on the boundary between Seminole and Orange
Counties; thence west along said county bound-
ary on the north boundary of Township 22
South, Range 31 East, to the northwest corer
of said township; thence south in Orange County
along the west boundary of Townships 22 and
23 South, Range 31 East, to the northeast corner
of Section 24, Township 23 South, Range 30
'I East; thence west along the north boundary line
of Sections 24, 23 and 22, Township 23 South,


Range 30 East, to the southeast corer of Section
16, Township 23 South, Range 30 East; thence
north along the east boundary of Sections 16,
9 and 4, Township 23 South, Range 30 East, to
the northeast corner of Section 4, Township 23
South, Range 30 East; thence west along the
north boundary of Township 23 South, Ranges
30 and 29 East, to the southeast corner of Sec-
tion 35, Township 22 South, Range 29 East;
thence north along the east boundary of Sections
35 and 26, Township 22 South, Range 29 East,
to the northeast corner of Section 26, Township
22 South, Range 29 East; thence west along the
north boundary of Sections 26, 27, 28, 29, and
30, Township 22 South, Range 29 East, to the
northwest corer of Section 30, Township 22
South, Range 29 East; thence south along the
range line between Ranges 28 and 29 East, to
the intersection of said range line with the north
boundary of Township 23 South; thence west
along the north boundary line of Township 23
South, through Range 28 East, to the southeast
corner of Section 31, Township 22 South, Range
28 East; thence north along section line to north-
east corer of Section 30, Township 22 South,
Range 28 East; thence west along section line
to southwest corner of Section 19, Township 22
South, Range 28 East; thence north along range
line between Ranges 27 and 28 East to southwest
corer of Section 7, Township 22 South, Range
28 East; thence east along section line to south-
east corer Section 7, Township 22 South, Range
28 East; thence north along section line to south-
west corer Section 17, Township 21 South,
Range 28 East; thence east along section line to
southeast corner Section 17, Township 21 South,
Range 28 East; thence north along section line
to northeast corner Section 32, Township 20
South, Range 28 East; thence west along section
line to northwest corner Section 31, Township
20 South, Range 28 East; thence south along
range line to southwest corer Section 31, Town-
ship 20 South, Range 28 East; thence west along
township line to southwest corner Section 35,
Township 20 South, Range 27 East; thence north
along section line to northeast corner Section 3,
Township 20 South, Range 27 East; thence east
along township line between Township 19 and
20 South to northeast corner Section 1, Town-
ship 20 South, Range 27 East; thence north
along range line to the northeast corer Section
1, Township 19 South, Range 27 East; thence
west along township line to northeast corer
Section 1, Township 19 South, Range 26 East;
thence north along range line between Ranges
26 and 27 East to northeast corner Section 1,
Township 18 South, Range 26 East; thence west
along township line to southwest corner Section
35, Township 17 South, Range 26 East; thence
north along section line to northeast corer of
Section 15, Township 17 South, Range 26 East;
thence west along section line to southwest cor-
ner of Section 7, Township 17 South, Range 26
East; thence north along range line between
Ranges 25 and 26 East to northeast corer Sec-


Ch. 373


Ch. 373


WATER MANAGEMENT DISTRICTS







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


tion 1, Township 15 South, Range 25 East;
thence west along township line to southwest
corner of Section 31, Township 14 South, Range
25 East; thence north along range line between
Ranges 24 and 25 East to the Marion-Putnam
County line (Oklawaha River); thence west
along Marion County line to the Levy County
line; thence westerly along the Alachua-Levy
County line to the southeast corer of Section
36, Township 11 South, Range 18 East; thence
north along the range line to the northwest cor-
ner of Section 6, Township 10 South, Range 19
East; thence east along the section line to the
southeast corner of the west /8 of Section 31,
Township 9 South, Range 19 East; thence north
to the northeast corer of the west /8 of Section
31, Township 9 South, Range 19 East; thence
west along the section line to the southwest cor-
ner of Section 30, Township 9 South, Range 19
East; thence north along the range line between
Ranges 18 and 19 East to the southwest corner
of the north '/ of Section 19, Township 9 South,
Range 19 East; thence east to the southeast cor-
ner of the north /8 of Section 19, Township 9
South, Range 19 East; thence north along the
section line to the northeast corer of Section
19, Township 9 South, Range 19 East; thence
east along the section line to the northwest corer
of Section 23, Township 9 South, Range 19 East;
thence south along the section line to the south-
west corer of the north Vs of Section 23, Town-
ship 9 South, Range 19 East; thence east to the
southeast corner of the north 1/ of Section 23,
Township 9 South, Range 19 East; thence north
to the northwest corer of Section 24, Township
9 South, Range 19 East; thence east along the
section line to the southeast corer of Section
13, Township 9 South, Range 19 East; thence
north along the range line to the northwest cor-
ner of Section 6, Township 9 South, Range 20
East; thence eastward along the township line
to the southeast corer of Section 36, Township
8 South, Range 20 East; thence north along the
township line to the northwest corner of Section
18, Township 8 South, Range 21 East; thence
east along the section line to the northeast cor-
ner of Section 15, Township 8 South, Range 21
East; thence south along the section line to the
southwest corner of Section 23, Township 8
South, Range 21 East; thence east along the sec-
tion line to the northeast corer of Section 26,
Township 8 South, Range 21 East; thence south
along the section line to the southwest corer
of the north /2 of Section 25, Township 8 South,
Range 21 East; thence east along a line to the
northeast corer of the south half of Section 25,
Township 8 South, Range 21 East; thence south
along the range line to the southwest corer of
Section 30, Township 8 South, Range 22 East;
thence east along the section line to the northeast
corner of Section 32, Township 8 South, Range
22 East; thence south along the section line to
the southwest corer of Section 16, Township 9
South, Range 22 East; thence eastward along the
section line to the southeast corner of the west


1/ of Section 18, Township 9 South, Range 23
East; thence northward to the northeast corner
of the west 1/ of Section 18, Township 9 South,
Range 23 East; thence west to the southwest cor-
ner of Section 7, Township 9 South, Range 23
East; thence northward along the Bradford-
Clay County line to the northeast corer of Sec-
tion 36, Township 8 South, Range 22 East;
thence west along the section line to the south-
west corer of the east /2 of Section 25, Township
8 South, Range 22 East; thence north to the
northeast corer of the west 1/2 of Section 24,
Township 8 South, Range 22 East; thence west
along the section line to the southwest corer
of Section 13, Township 8 South, Range 22 East;
thence north along the section line to the north-
west corer of Section 25, Township 7 South,
Range 22 East; thence east along the section line
to the southeast corer of Section 24, Township
7 South, Range 22 East; thence north along the
Bradford-Clay County line to the intersection of
the south boundary of Baker County; thence
west along the Baker-Bradford County line to
the intersection of the east boundary of Union
County; thence west along the Union-Baker
County line to the southwest corner of Section
18, Township 4 South, Range 20 East; thence
north along the range line to the northeast corer
of Section 1, Township 3 South, Range 19 East;
thence west along the township line to the inter-
section of the east boundary of Columbia Coun-
ty; thence north along the Baker-Columbia
County line to the intersection of the north
boundary line of the State of Florida; thence east
along the Georgia-Florida line to the Atlantic
Ocean; thence south along the Atlantic Ocean,
including ,the waters of said Ocean within the
jurisdiction of the State of Florida, to the Point
of Beginning.
(d) Southwest Florida Water Management
District.-Begin at the intersection of the south
boundary of Charlotte County with the Gulf of
Mexico; thence eastward along the Charlotte-Lee
County line to the southeast corer of Section
33, Township 42 South, Range 24 East; thence
north along the section line to the northeast cor-
ner of Section 4, Township 42 South, Range 24
East; thence east along the township line to the
northeast corer of Section 1, Township 42
South, Range 25 East; thence north along the
range line to the northeast corer of Section 1,
Township 41 South, Range 25 East; thence east
along the township line to the southeast corer
of Section 36, Township 40 South, Range 26
East; thence north along the range line to the
northeast corer of Section 1, Township 40
South, Range 26 East; thence east along town-
ship line to southeast corer of Section 36, Town-
ship 39 South, Range 27 East; thence north
along the range line to northeast corer of Sec-
tion 1, Township 33 South, Range 27 East;
thence west along township line to southwest
corer of Section 34, Township 32 South, Range
27 East; thence north along the section line to
the northeast corer of Section 33, Township 30


0,


Ch. 373


Ch. 373


WATER MANAGEMENT DISTRICTS






h.33WATER MANAGEMENT DISTRICTS Ch. 373


South, Range 27 East; thence east along the sec-
tion line to the southeast corer of Section 26,
Township 30 South, Range 27 East; thence north
along the section line to the northeast corer of
Section 35, Township 28 South, Range 27 East;
thence west along section line to the southwest
corner of Section 27, Township 28 South, Range
27 East; thence north along section line to the
northwest corer of Section 3, Township 28
South, Range 27 East; thence west to southwest
corer of Section 33, Township 27 South, Range
27 East; thence north along section line to north-
east corner of Section 5, Township 27 South,
Range 27 East; thence west along township line
between Townships 26 and 27 South to the
southwest corer of Section 31, Township 26
South, Range 27 East; thence north along range
line between Ranges 26 and 27 East to the north-
west corer of Section 18, Township 23 South,
Range 27 East; thence east along section line to
southeast corer of Section 11, Township 23
South, Range 27 East; thence north along sec-
tion line to northeast corner of Section 2, Town-
ship 23 South, Range 27 East; thence east along
township line between Township 22 and 23
South to the southeast corner of Section 31,
Township 22 South, Range 28 East; thence north
along section line to northeast corer of Section
30, Township 22 South, Range 28 East; thence
west along section line to southwest corer of
Section 19, Township 22 South, Range 28 East;
thence north along range line between Ranges
27 and 28 East to southwest corner of Section
7, Township 22 South, Range 28 East; thence east
along section line to southeast corer Section 7,
Township 22 South, Range 28 East; thence north
along section line to southwest corer Section 17,
Township 21 South, Range 28 East; thence east
along section line to southeast corer Section 17,
Township 21 South, Range 28 East; thence north
along section line to northeast corner Section 32,
Township 20 South, Range 28 East; thence west
along section line to northwest corer Section 31,
Township 20 South, Range 28 East; thence south
along range line to southwest corner Section 31,
Township 20 South, Range 28 East; thence west
along township line to southwest corner Section
35, Township 20 South, Range 27 East; thence
north along section line to northeast corer Sec-
tion 3, Township 20 South, Range 27 East;
thence east along township line between Town-
ship 19 and 20 South to northeast corner Section
1, Township 20 South, Range 27 East; thence
north along range line to the northeast corer
Section 1, Township 19 South, Range 27 East;
thence west along township line to northeast
corer Section 1, Township 19 South, Range 26
East; thence north along range line between
Range 26 and 27 East to northeast corer Sec-
tion 1, Township 18 South, Range 26 East;
thence west along township line to southwest
corer Section 35, Township 17 South, Range 26
East; thence north along section line to north-
east corer of Section 15, Township 17 South,
Range 26 East; thence west along section line


to southwest corner of Section 7, Township 17
South, Range 26 East; thence north along range
line between Ranges 25 and 26 East to northeast
comer Section 1, Township 15 South, Range 25
East; thence west along township line to south-
west corner of Section 31, Township 14 South,
Range 25 East; thence north along range line
between Ranges 24 and 25 East to the Marion-
Putnam County Line (Oklawaha River); thence
west along Marion County line to the Levy
County line; thence westerly along the Alachua-
Levy County line to the Gilchrist County line;
thence north along the Gilchrist-Alachua Coun-
ty line to the northeast corner of Section 1,
Township 9 South, Range 16 East; thence west-
ward along township line to northwest corner of
Section 2, Township 9 South, Range 15 East;
thence south along section line to southwest cor-
ner of Section 11, Township 12 South, Range 15
East; thence west to the northwest corer of Sec-
tion 15, Township 12 South, Range 15 East;
thence south to southwest corer of Section 15,
Township 12 South, Range 15 East; thence west
to northwest corer of Section 21, Township 12
South, Range 15 East; thence south to southwest
corner of Section 21, Township 12 South, Range
15 East; thence west to northwest corer of Sec-
tion 29, Township 12 South, Range 15 East;
thence south to southwest corer of Section 29,
Township 12 South, Range 15 East; thence west
to northwest corner of Section 35, Township
12 South, Range 14 East; thence south to south-
west corner of Section 23, Township 13 South,
Range 14 East; thence west to northwest corner
of Section 27, Township 13 South, Range 14
East; thence south to northwest corner of Section
34, Township 13 South, Range 14 East; thence
west to northwest corer of Section 33, Township
13 South, Range 14 East; thence south to north-
west corer of Section 4, Township 14 South,
Range 14 East; thence west along township line
to northwest corer of Section 6, Township 14
South, Range 13 East; thence south along the
range line to the northwest corner of Section 6,
Township 15 South, Range 13 East; thence west
along the township line to the Gulf of Mexico;
thence southerly along the coast of the Gulf of
Mexico, including the waters of said Gulf within
the jurisdiction of the State of Florida to a point
midway between Egmont and Passage Keys;
thence in a direct line to the south bank of
Tampa Bay where the line between Townships
32 and 33 South strikes said Bay; thence east
on said township line to where same is inter-
sected by the line dividing Ranges 22 and 23
East; thence south on said range line, known as
the Washington line, to the southeast corner of
Township 39 South, Range 22 East; thence west
on the township line between Townships 39 and
40 South to the Southwest corner of Township
39 South, Range 21 East; thence south on the
range line between Ranges 20 and 21 East to
the southeast corer of Township 40 South,
Range 20 East; thence west on the township line
between Townships 40 and 41 South to the Gulf


~


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch.373


I '







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


of Mexico; thence southerly along the coast of
the Gulf of Mexico, including the waters of said
Gulf within the jurisdiction of the State of Flor-
ida, to the point of beginning.
*[(e) Central and Southern Florida Flood
Control Dis-]trict.-Begin at the Intersection of
the south boundary of Township 58 South, Range
40 East, with the shore of Card Sound in Dade
County, Florida; thence northward along the
shore of the mainland to a point west of the
southern end of Key Biscayne in said county;
thence east to the southernmost point of Key Bis-
cayne; thence continuing northward along-the
Atlantic shore of said Key Biscayne and of Vir-
ginia Key; thence continuing northward along
the Atlantic shore of the mainland at Miami
Beach and northward along said shore through
the Counties of Dade, Broward, Palm Beach,
Martin, Saint Lucie, Indian River, and Brevard
to the north boundary of Brevard County; thence
west along the north boundary of Brevard Coun-
ty to the northwest corner of said county; thence
in Volusia County west along the north boundary
of Township 20 South, Range 33 East, to and
including all of Lake Hamey; thence in Seminole
County, west along the north boundary of Town-
ship 20 South, Ranges 33 and 32 East to the
northwest corner of Section 3 of said Township
20 South, Range 32 East; thence south along the
west boundary of Sections 3, 10, 15, 22, 27, and
34 of Township 20 South, Range 32 East, to the
north boundary of Township 21 South, Range
32 East; thence west along the north boundary
of Township 21 South to the northwest corner
of Township 21 South, Range 32 East; thence
south along the west boundary of said Township
21 South, Range 32 East, to the southwest corner
thereof in the boundary between Seminole and
Orange Counties; thence west along said county
boundary in the north boundary of Township 22
South, Range 31 East, to the northwest corner
of said township; thence south in Orange County
along the west boundary of Townships 22 and
23 South, Range 31 East, to the northeast cor-
ner of Section 24, Township 23 South, Range 30
East; thence west along the north boundary line
of Sections 24, 23 and 22, Township 23 South,
Range 30 East, to the southeast corer of Section
16, Township 23 South, Range 30 East; thence
north along the east boundary of Sections 16,
9 and 4, Township 23 South, Range 30 East, to
the northeast corer of Section 4, Township 23
South, Range 30 East; thence west along the
north boundary of Township 23 South, Ranges
30 and 29 East, to the southeast corer of Sec-
tion 35, Township 22 South, Range 29 East;
thence north along the east boundary of Sections
35 and 26, Township 22 South, Range 29 East,
to the northeast corer of Section 26, Township
22 South, Range 29 East; thence west along the
north boundary of Sections 26, 27, 28, 29 and
30, Township 22 South, Range 29 East, to the
northwest corer of Section 30, Township 22
South, Range 29 East; thence south along the
range line between Ranges 28 and 29 East, to
the intersection of said range line with the north
boundary of Township 23 South; thence west


along the north boundary line of Township 23
South, through Range 28 East, to the northwest
corer of Section 1, Township 23 South, Range
27 East; thence south along the west boundary
of Sections 1 and 12, Township 23 South, Range
27 East, to the northeast corner of Section 14,
Township 23 South, Range 27 East; thence west
along the north boundary of Sections 14, 15, 16,
17 and 18, Township 23 South, Range 27 East,
to the northwest corner of Section 18, Township
23 South, Range 27 East, also lying on the
boundary line between Orange and Lake
Counties; thence south along the west boundary
of Orange County to the southwest corer of said
county and the northwest corner of Osceola
County, which point is at the northwest corner
of Township 25 South, Range 27 East; thence
south along the west boundary of Osceola Coun-
ty to the corer in said county boundary at the
southwest corer of Township 25 South, Range
27 East; thence east along the boundary of
Osceola County to the southeast corer of Town-
ship 25 South, Range 27 East; thence in Polk
County south along the range line between
Ranges 27 and 28 East, in Townships 26 and
27 South, to the intersection of said range line
with Lake Marion, in Township 27 South,
Range 28 East; thence following the west shore
of Lake Marion to its intersection again with the
range line between said Ranges 27 and 28 East;
thence south along the said range line to its
intersection with the north boundary of Town-
ship 28 South; thence west along the north
boundary of Township 28 South, Range 28 East,
to the northwest corer of said township; thence
south along the west boundary of Range 28 East,
Townships 28 and 29 South, to the southwest
corer of Section 19 of Township 29 South,
Range 28 East; thence east along the south
boundary of Sections 19, 20, 21, 22, 23, and
24 to the southeast corer of Section 24 in Town-
ship 29 South, Range 28 East; thence south
along the range line between Ranges 28 and 29
East through Townships 29, 30, 31 and 32
South, to the South boundary of Polk County
and the north boundary of Highlands County at
the southwest corer of Township 32 South,
Range 29 East; thence east along the county line
between Polk and Highlands Counties to the
southeast corer of Township 32 South, Range
29 East; thence in Highlands County south
along the range line between Ranges 29 and 30
through Townships 33 34 and 35 to the south-
west comer of Township 35 South, Range 30
East; thence west along the north boundary of
Township 36 South, Ranges 29 and 28 East, to
the northwest corer of Township 36 South,
Range 28 East at the west boundary of High-
lands County; thence South along the west bound-
ary of Highlands County to the southwest corer
of said county and the northwest corer of Glades
County at the southwest corer of Township 39
South Range 28 East; thence south along the
west boundary of Glades County to the south-
west corer of said county and the northeast
corer of Lee County, at the southwest corner
of Township 42 South Range 28 East; thence
west along the north boundary of Lee County


9,


Ch. 373


Ch. 373


r _I~--


WATER MANAGEMENT DISTRICTS







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


nna


through Ranges 27, 26 and 25 and the north
boundary of Sections 1, 2 and 3 in Township 43
South, Range 24 East, to the northwest corner
of said Section 3; thence in Lee County south
along the west boundary of Sections 3, 10, 15,
22, 27 and 34 of Township 43 South, Range 24
East, and continuing south along the west
boundary of Sections 3, 10 and 15 of Township
44 South, Range 24 East, to the Caloosahatchee
River; thence southward across the Caloosa-
hatchee River to the southwest corer of Section
34 of said Township 44 South, Range 24 East;
thence east along the south boundary of Town-
ship 44 South, through Ranges 24, 25, 26 and
27 East, to the Hendry County line at the south-
west corer of Township 44 South, Range 28
East; thence south along the boundary between
Lee and Hendry Counties to the southwest cor-
ner of Township 45 South, Range 28 East; thence
east along the boundary between Hendry and
Collier Counties to the southwest corer of
Township 45 South, Range 31 East; thence south
along the boundary between Hendry and Collier
Counties to the southwest corer of Township
48 South, Range 31 East; thence east along the
boundary between Hendry and Collier Counties
to the southeast corer of Township 48 South,
Range 34 East; thence south along the boundary
between Collier and Broward Counties to the
southwest corner of Township 51 South, Range
35 East; thence south along the boundary be-
tween Collier and Dade Counties, in Townships
52 and 53 South, to the southeast corner of Col-
lier County; thence west along the boundary
between Collier and Monroe Counties, also being
the north boundary of Township 54 South,
through Ranges 34, 33, 32 and 31 East, to the
northwest corer of Section 3, Township 54
South, Range 31 East; thence in Monroe County
south along the west boundary of Section 3,
Township 54 South, Range 31 East, to the south-
west corer of said Section 3, Township 54
South, Range 31 East; thence east along the
south boundary of Section 3, Township 54 South,
Range 31 East, to the northwest corner of Sec-
tion 11, Township 54 South, Range 31 East;
thence south along the west boundary of Section
11, Township 54 South, Range 31 East, to the
southwest corer of said Section 11, Township
54 South, Range 31 East; thence east along the
south boundary of said Section 11, Township 54
South, Range 31 East, to the northwest corer
of Section 13, Township 54 South, Range 31
East; thence south along the west boundary of
said Section 13, Township 54 South, Range 31
East, to the southwest corer of said Section 13,
Township 54 South, Range 31 East; thence east
along the south line of said Section 13, Township
54 South, Range 31 East, to the southeast corer
of said Section 13, Township 54 South, Range
31 East; thence south along the range line be-
tween Ranges 31 and 32 East, to the southwest
corer of Section 30, Township 54 South, Range
32 East; thence east along the south boundary
of Sections 30, 29 and 28, Township 54 South,
Range 32 East, to the northwest corner of Sec-
tion 34, Township 54 South, Range 32 East;
thence south along the west boundary of Section


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch. 373


34, Township 54 South, Range 32 East, to the
north boundary of Township 55 South, Range
32 East; thence east along the north boundary
of Township 55 South, Range 32 East, to the
northwest corner of Section 2, Township 55 South,
Range 32 East; thence south along the west
boundary of Sections 2 and 11, Township 55
South, Range 32 East, to the southwest corner
of Section 11, Township 55 South, Range 32
East; thence east along the south boundary of
said Section 11, Township 55 South, Range 32
East, to the northwest corner of Section 13,
Township 55 South, Range 32 East; thence south
along the west boundary of said Section 13,
Township 55 South, Range 32 East, to the south-
west corer of Section 13, Township 55 South,
Range 32 East, thence east along the south
boundary of Section 13, Township 55 South
Range 32 East, to the southeast corner of said
Section 13, Township 55 South, Range 32 East;
thence south along the range line between
Ranges 32 and 33, to the southwest corner of the
north 1/2 of Section 30, Township 55 South,
Range 33 East; thence east along the south
boundary of the north 1/2 of Section 30, Township
55 South, Range 33 East, to the southeast corner
of the north /2 of Section 30, Township 55 South,,
Range 33 East; thence south along the west
boundary of Sections 29 and 32, Township 55
South, Range 33 East, and the west boundary
of Section 5, Township 56 South, Range 33 East,
to the southwest corner of Section 5, Township
56 South, Range 33 East; thence east along the
south boundary of Sections 5, 4, 3, 2 and 1,
Township 56 South, Range 33 East, and the
south boundary of Sections 6, 5, 4, 3, 2 and 1,
Township 56 South, Range 34 East, to the south-
east corner of said Section 1, Township 56 South,
Range 34 East, also lying on the boundary be-
tween Monroe and Dade Counties and the range
line between Ranges 34 and 35 East, Township
56 South, thence in Dade County east along the
south boundary of Section 6, Township 56 South,
Range 35 East, to the southeast corner of Section
6, Township 56 South, Range 35 East; thence
north along the east boundary of Section 6,
Township 56 South, Range 35 East, and the east
boundary of Sections 31, 30, 19, 18, 7 and 6,
Township 55 South, Range 35 East, and the east
boundary of Sections 31, 30 and 19, Township
54 South, Range 35 East, to the southwest corner
of Section 17, Township 54 South, Range 35
East; thence east along the south boundary of
Sections 17 and 16, Township 54 South, Range
35 East, to the northeasterly right of way line
of Tamiami Trail; thence southeasterly and east-
erly along the northeasterly right of way line
of Tamiami Trail to the range line between
Ranges 36 and 37 East; thence southward and
eastward along, and identical with, the present
boundary line of the Everglades National Park
to a point of intersection of said park boundary
with the Dade-Monroe County line; thence along
said county line to the point of intersection with
Manatee Creek; thence meander the shoreline of
the mainland north and east to the intersection
with the south boundary of Township 58 South
Range 40 East, with the shore of Card Sound


i







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373 (


in Dade County, Florida, last said point being
the same as described in Chapter 25214, Laws
of Florida, 1949, and the Point of Beginning first
above described.
(f) Ridge and Lower Gulf Coast Water Man-
agement District.-The basins are designated
and described as follows:
1. Manasota Basin-Manatee and Sarasota
Counties, more particularly described as follows:
Beginning on the south bank of Tampa Bay
where the line between Townships 32 and 33
South strikes said Bay; thence east on said town-
ship line to where same is intersected by the line
dividing Ranges 22 and 23 East; thence south on
said range line, known as the Washington line,
to the southeast corer of Township 39 South,
Range 22 East; thence west on the township line
between Townships 39 and 40 South to the south-
west corner of Township 39 South, Range 21
East; thence south on the range line between
Ranges 20 and 21 East to the southeast corner
of Township 40 South, Range 20 East; thence
west on the township line between Townships
40 and 41 South to the Gulf of Mexico; thence
northerly along the coast of the Gulf of Mexico
including the waters of said Gulf within the
jurisdiction of the State of Florida, to a point
midway between Egmont and Passage Keys;
thence in a direct line to the place of beginning.
2. Ridge Basin-Described as follows: Begin
at the northwest corner of Township 26 South,
Range 27 East; thence east along the boundary
of Osceola County to the northeast corner of
Township 26 South, Range 27 East; thence in
Polk County, south along the range line between
Ranges 27 and 28 East, in Townships 26 and
27 South, to the intersection of said range line
with Lake Marion, in Township 27 South, Range
28 East; thence following the west shore of Lake
Marion to its intersection again with the range
line between said Ranges 27 and 28 East; thence
south along the said range line to its intersection
with the north boundary of Township 28 South;
thence west along the north boundary of Town-
ship 28 South, Range 28 East, to the northwest
corner of said township; thence south along the
east boundary of Range 27 East, Townships 28
and 29 South, to the southeast corner of Section
24 of Township 29 South, Range 27 East; thence
east along the north boundary of Sections 30,
29, 28, 27, 26 and 25 to the northeast corner of
Section 25 in Township 29 South, Range 28
East; thence south along the range line between
Ranges 28 and 29 East, through Townships 29
and 30, 31 and 32 South, to the south boundary
of Polk County and the north boundary of High-
lands County at the southeast corner of Town-
ship 32 South, Range 28 East; thence east along
the county line between Polk and Highlands
Counties to the northeast corner of Township 33
South, Range 29 East; thence, in Highlands
County, south along the range line between
Ranges 29 and 30 through Townships 33, 34 and
35 to the southeast corner of Township 35 South,
Ranige 29 East; thence west along the south


boundary of Township 35 South, Ranges 29 and
28 East, to the southwest corer of Township 35
South, Range 28 East at the west boundary of
Highlands County, and the range line between
Ranges 27 and 28; thence north along the range
line to northeast corer of Section 1, Township
33 South, Range 27 East; thence west along
township line to southwest corer of Section 34,
Township 32 South, Range 27 East; thence north
along the section line to the northeast corer of
Section 33, Township 30 South, Range 27 East;
thence east along the section line to the south-
east corer of Section 26, Township 30 South,
Range 27 East; thence ndrth along the section
line to the northeast corner of Section 35, Town-
ship 28 South, Range 27 East; thence west along
section line to the southwest corner of Section
27, Township 28 South, Range 27 East; thence
north along section line to the northwest corer
of Section 3, Township 28 South, Range 27 East;
thence west to southwest corner of Section 33,
Township 27 South, Range 27 East; thence north
along section line to northeast corer of Section
5, Township 27 South, Range 27 East; thence
west along township line between Townships 26
and 27 South to the southwest corer of Section
31, Township 26 South, Range 27 East; thence
north along range line between Ranges 26 and
27 East to the northwest corner of Section 6,
Township 26 South, Range 27 East and the
Point of Beginning.
3. Big Cypress Basin-Described as follows:
That part of Charlotte County described as fol-
lows: The east one-half of Township 42 South,
Range 24 East; all of Township 42 South,
Range 25 East; Township 41 South, Range 26
East; Township 42 South, Range 26 East; Town-
ship 40 South, Range 27 East; Township 41
South, Range 27 East; Township 42 South,
Range 27 East; AND Begin in the Gulf of Mexico
at a point on a prolongation of the township line
between Townships 42 and 43 South; thence
east on said prolongation and said line to the
northwest corer of Section 3, Township 43
South, Range 24 East; thence, in Lee County,
South along the west boundary of Sections 3, 10,
15, 22, 27 and 34 of Township 43 South, Range
24 East, and continuing south along the west
boundary of Sections 3, 10 and 15 of Township'
44 South, Range 24 East, to the Caloosahatchee
River; thence southward across the Caloosa-
hatchee River to the southwest corner of Section
34 of said Township 44 South, Range 24 East;
thence east along the south boundary of Town-
ship 44 South, through Ranges 24, 25, 26 and
27 East, to the Hendry County line at the south-
west corer of Township 44 South, Range 28
East; thence south along the boundary between
Lee and Hendry Counties to the southwest cor-
ner of Township 45 South, Range 28 East; thence
east along the boundary between Hendry and
Collier Counties to the southwest corer of
Township 45 South, Range 31 East; thence south
along the boundary between Hendry and Collier
Counties to the southwest corer of Township


Ch. 373


WATER MANAGEMENT DISTRICTS


~___ ~_


Ch. 373 <


Ch. 373


O9


























#9






Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


48 South, Range 31 East; thence east along the
boundary between Hendry and Collier Counties
to the southeast corner of Township 48 South,
Range 34 East; thence south along the boundary
between Collier and Broward Counties to the
southwest corner of Township 51 South, Range
35 East; thence south along the boundary be-
tween Collier and Dade Counties, in Townships
52 and 53 South to the southeast corer of Col-
lier County; thence west along the boundary be-
tween Collier and Monroe Counties, also being
the north boundary of Township 54 South,
through Ranges 34, 33, 32 and 31 East, to the
northwest corer of Section 3, Township 54
South, Range 31 East; thence in Monroe County
south along the west boundary of Section 3,
Township 54 South, Range 31 East, to the south-
west corner of said Section 3, Township 54
South, Range 31 East; thence east along the
south boundary of Section 3, Township 54 South,
Range 31 East, to the northwest corer of Sec-
tion 11, Township 54 South, Range 31 East;
thence south along the west boundary of Section
11, Township 54 South, Range 31 East, to the
southwest corer of said Section 11, Township
54 South, Range 31 East; thence east along the
south boundary of said Section 11, Township 54
South, Range 31 East, to the northwest corer
of Section 13, Township 54 South, Range 31
East; thence south along the west boundary of
said Section 13, Township 54 South, Range 31
East, to the southwest corer of said Section 13,
Township 54 South, Range 31 East; thence east
along the south line of said Section 13, Township
54 South Range 31 East, to the southeast corner
of said Section 13, Township 54 South, Range
31 East; thence south along the range line be-
tween Ranges 31 and 32 East, to the southwest
corer of Section 30, Township 54 South, Range
32 East; thence east along the south boundary
of Sections 30, 29, and 28, Township 54 South
Range 32 East, to the northwest corner of Sec-
tion 34, Township 54 South, Range 32 East;
thence south along the west boundary of Section
34, Township 54 South, Range 32 East, to the
north boundary of Township 55 South, Range
32 East; thence east along the north boundary
of Township 55 South, Range 32 East, to the
northwest corner of Section 2, Township 55
South, Range 32 East; thence south along the
west boundary of Sections 2 and 11, Township
55 South, Range 32 East, to the southwest cor-
ner of Section 11, Township 55 South, Range 32
East; thence east along the south boundary of
said Section 11, Township 55 South, Range 32
East, to the northwest corner of Section 13,
Township 55 South, Range 32 East; thence south
along the west boundary of said Section 13,
Township 55 South, Range 32 East, to the south-
west corer of Section 13, Township 55 South,
Range 32 East, thence east along the south
boundary of Section 13, Township 55 South,
Range 32 East, to the southeast corner of said
Section 13, Township 55 South, Range 32 East;
thence south along the range line between


Ranges 32 and 33, to the southwest corer of the
north /2 of Section 30, Township 55 South,
Range 33 East; thence east along the south
boundary of the north /2 of Section 30, Township
55 South, Range 33 East, to the southeast corner
of the north /2 of Section 30, Township 55 South,
Range 33 East; thence south along the west
boundary of Sections 29 and 32, Township 55
South, Range 33 East, and the west boundary
fSections 5, Township 56 South, Range 33 East,
to the southwest corer of Section 5, Township
56 South, Range 33 East; thence east along the
south boundary of Sections 5, 4, 3, 2 and 1,
Township 56 South, Range 33 East, and the
south boundary of Sections 6, 5, 4, 3, 2 and 1,
Township 56 South, Range 34 East, to the south-
east corer of said Section 1, Township 56 South,
Range 34 East, also lying on the boundary
between Monroe and Dade Countiesand the
range line between Ranges 34 and 35 East, Town-
ship 56 South, thence in Dade County east along
the south boundary of Section 6, Township 56
South, Range 35 East, to the southeast corer
of Section 6, Township 56 South, Range 35 East
thence north along the east boundary of Section
6, Township 56 South, Range 35 East, and the
east boundary of Sections 31, 30, 19, 18, 7 and
6, Township 55 South, Range 35 East, and the
east boundary of Sections 31, 30 and 19, Town-
ship 54 South, Range 35 East, to the southwest
corer of Section 17, Township 54 South, Range
35 East; thence east along the south boundary
of sections 17 and 16, Township 54 South, Range
35 East, to the northeasterly right of way line
of Tamiami Trail; thence southeasterly and east-
erly along the northeasterly right of way line of
Tamiami Trail to the range line between Range
36 and 37 East; thence southward and eastward
along, and identical with, the present boundary
line of the Everglades National Park to a point
of intersection of said park boundary with the
Dade-Monroe County line; thence along said
county line to the point of intersection with Man-
atee Creek; thence westerly and northerly along
the Coast of Florida Bay and the Coast of the
Gulf of Mexico (including the waters of said Bay
and said Gulf within the jurisdiction of the State
of Florida and within the boundaries of the Ever-
glades National Park, but not including any
lands comprising the Florida Keys or any waters
south and east thereof) to the Point of Begin-
ning.
4. Keys Basin-Described as follows: All of
the Florida Keys, including the waters of the
Atlantic Ocean south of Dade County, and in-
cluding the waters of Florida Bay outside the
boundaries of the Everglades National Park
and including the waters of the Gulf of Mexico
within the jurisdiction of the State of Florida.
(3) On July 1, 1975, the name of Central and
Southern Florida Flood Control District shall be
changed to South Florida Water Management
District; on July 1, 1975, Ridge and Lower Gulf
Coast Water Management District shall cease
to exist; and on July 1, 1975, the boundaries of


m


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch. 373







Ch. 73 ATERMANGEMNT DSTRCTSCh. 373


the respective districts shall be changed so as
to include the areas within the following bound-
aries:
(a) Northwest Florida Water Management
District.-Begin at the point where the section
line between Sections 26 and 27, Township 4
South, Range 3 East, intersects the Gulf of
Mexico thence north along the section line to
the northwest corer of Section 2, Township 1
South, Range 3 East; thence east along the Tal-
lahassee Base Line to the southeast corner of
Section 36, Township 1 North, Range 4 East;
thence north along the range line to the north-
west corner of Section 6, Township 1 North,
Range 5 East; thence east along the township
line to the southeast corer of Section 36, Town-
ship 2 North, Range 5 East; thence north along
the range line to the northeast corner of Section
24, Township 2 North, Range 5 East; thence west
along the section line to the southwest corner
of the east /2 of Section 13, Township 2 North,
Range 5 East; thence north to the northwest
corer of the east 1/2 of Section 13, Township 2
North, Range 5 East; thence east along the sec-
tion line to the southeast corer of Section 12,
Township 2 North, Range 5 East; thence north
along the range line to the northeast corer of
Section 24, Township 3 North, Range 5 East;
thence west along the Watson Line to the south-
west corer of Lot Number 168; thence north
along the line between Lot Numbers 168 & 169,
154 & 155 to the Georgia line; thence westward
along the Georgia-Florida line to the intersection
of the south boundary of the State of Alabama;
thence west along the Alabama-Florida line to
the intersection of the northwest corner Ala-
bama-Florida Boundary; thence south along the
Alabama-Florida line to the Gulf of Mexico;
thence east along the Gulf of Mexico, including
the waters of said gulf within the jurisdiction
of the State of Florida, to the point of beginning.
(b) Suwannee River Water Management
District.-Begin in the Gulf of Mexico, on the
Section Line between Sections 26 and 35, Town-
ship 16 South, Range 15 East; thence east to the
southeast corer of Section 28, Township 16
South, Range 16 East; thence north to the north-
east corner of Section 28, Township 16 South,
Range 16 East; thence east to the southeast cor-
ner of Section 22, Township 16 South, Range 17
East; thence north to the northeast corner of Sec-
tion 22, Township 16 South, Range 17 East;
thence east to the southeast corner of Section 14,
Township 16 South, Range 17 East; thence north
to the northeast corner of Section 14, Township
16 South, Range 17 East; thence east to the
southeast corner of Section 7, Township 16
South, Range 18 East; thence south to the south-
west corner of Section 17, Township 16 South,
Range 18 East; thence east to the southeast cor-
ner of Section 15, Township 16 South, Range 18
East; thence north to the northeast corner of Sec-
tion 15, Township 16 South, Range 18 East;
thence east to the southeast corner of Section 11,
Township 16 South, Range 18 East; thence north


to the northeast corer of Section 11, Township
16 South, Range 18 East; thence east to the
southeast corer of Section 6, Township 16
South~ Range 19 East; thence north to the north-
east corner of Section 6, Township 16 South,
Range 19 East; thence east to the southeast cor-
ner of Section 33, Township 15 South, Range 19
East; thence north to the southwest corer of
Section 35, Township 15 South, Range 19 East;
thence east to the southeast corer of Section 35,
Township 15 South, Range 19 East; thence north
to the northeast corer of Section 35, Township
15 South, Range 19 East; thence east to the
southeast corer of Section 25, Township 15
South, Range 19 East; thence north to the north-
east comer of Section 25, Township 15 Sout<-
Range 19 East; thence east to the southeast cor-
ner of Section 20, Township 15 south, Range 20
East; thence north to the northeast corner of Sec-
tion 17, Township 15 South, Range 20 East;
thence east to the southeast corner of Section 9,
Township 15 South, Range 20 East; thence north
to the northeast corer of Section 9, Township
15 South, Range 20 East; thence east to the
southeast corner of Section 3, Township 15
South, Range 20 East; thence north to the north-
east corner of Section 34, Township 14 South,
Range 20 East; thence east to the southeast cor-
ner of Section 26, Township 14 South, Range 20
East; thence north to the northeast corner of Sec-
tion 23, Township 14 South, Range 20 East;
thence west to the northwest corner of Section
23, Township 14 South, Range 20 East; thence
north to the northeast corer of Section 10,
Township 14 South, Range 20 East; thence east
to the southeast corer of Section 2, Township
14 South, Range 20 East; thence north to the
northeast corner of Section 2, Township 14
South, Range 20 East; thence east to the south-
east corer of Section 36, Township 13 South,
Range 20 East; thence north along the range line
between Ranges 20 and 21 East to the northwest
corer of Section 30, Township 13 South, Range
21 East; thence east along the section line to the
southeast corner of the west 1/ of Section 19,
Township 13 South, Range 21 East; thence north
to the northeast corer of the west 1/ of Section
19, Township 13 South, Range 21 East; thence
west to the northwest corer of Section 19, Town-
ship 13 South, Range 21 East; thence north
along the range line between Ranges 20 and 21
East to the northeast corer of Section 12, Town-
ship 12 South, Range 20 East; thence west along
the section line to the southwest corner of Sec-
tion 1, Township 12 South, Range 20 East;
thence north along the section line to the north-
west corer of Section 1, Township 12 South,
Range 20 East; thence west along the Alachua-
Marion County line to the northeast corer of
the west 1/ of Section 5, Township 12 South,
Range 20 East; thence south to the southeast
corner of the west 1/ of Section 5, Township 12
South, Range 20 East; thence west along the sec-
tion line to the southwest corer of the east 1/s
of Section 1, Township 12 South, Range 19 East;


@1


(W~


r


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch. 373







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


thence north to the northwest corner of the east
1/ of Section 1, Township 12 South, Range 19
East; thence west along the Alachua-Marion
County line to the southeast corner of Section
35, Township 11 South, Range 19 East; thence
north along the section line to the northeast cor-
ner of the south /2 of Section 35, Township 11
South, Range 19 East; thence west to the north-
west corner of the northeast 'A of the southeast
14 of Section 34, Township 11 South, Range 19
East; thence south to the southwest corer of the
southeast 1/ of the southeast 1/ of Section 34,
Township 11 South, Range 19 East; thence west
along the Alachua County line to the southeast
corner of Section 36, Township 11 South, Range
18 East; thence north along the range line to the
northwest corner of Section 6, Township 10
South, Range 19 East; thence east along the sec-
tion line to the southeast corer of the west
1/8 of Section 31, Township 9 South, Range 19
East; thence north to the northeast corer of the
west /8 of Section 31, Township 9 South, Range
19 East; thence west along the section line to
the southwest corer of Section 30, Township 9
South, Range 19 East; thence north along the
range line between Ranges 18 and 19 East to
the southwest corer of the north /s of Section
19, Township 9 South, Range 19 East; thence
east to the southeast comer of the north /s of
Section 19, Township 9 South, Range 19 East;
thence north along the section line to the north-
east corer of Section 19, Township 9 South,
Range 19 East; thence east along the section line
to the northwest corer of Section 23, Township
9 South, Range 19 East; thence south along the
section line to the southwest corner of the north
1/ of Section 23, Township 9 South, Range 19
East; thence east to the southeast corer of the
north /s of Section 23, Township 9 South, Range
19 East; thence north to the northwest corer
of Section 24, Township 9 South, Range 19 East;
thence east along the section line to the south-
east corer of Section 13, Township 9 South,
Range 19 East; thence north along the range line
to the northwest corer of Section 6, Township
9 South, Range 20 East; thence eastward along
the township line to the southeast corner of Sec-
tion 36, Township 8 South, Range 20 East;
thence north along the township line to the
northwest corer of Section 18, Township 8
South, Range 21 East; thence east along the sec-
tion line to the northeast corner of Section 15,
Township 8 South, Range 21 East; thence south
along the section line to the southwest corer
of Section 23, Township 8 South, Range 21 East;
thence east along the section line to the north-
east corer of Section 26, Township 8 South,
Range 21 East; thence south along the section
line to the southwest corner of the north 1/ of
Section 25, Township 8 South, Range 21 East;
thence east along a line to the northeast coriir
of the south half of Section 25, Township 8
South, Range 21 East; thence south along the
range line to the southwest corner of Section 30,
Township 8 South, Range 22 East; thence east


along the section line to the northeast corer of
Section 32, Township 8 South, Range 22 East;
thence south along the section line to the south-
west corer of Section 16, Township 9 South,
Range 22 East; thence eastward along the sec-
tion line to the southeast comrneof the west 1/s
of Section 18, Township 9 South, Range 23 East;
thence northward to the northeast corer of the
west /s of Section 18, Township 9 South, Range
23 East; thence west to the southwest corer of
Section 7, Township 9 South, Range 23 East;
thence northward along the Bradford-Clay
County line to the northeast corner of Section
36, Township 8 South, Range 22 East; thence
west along the section line to the southwest cor-
ner of the east 1/ of Section 25, Township 8
South, Range 22 East; thence north to the north-
east comer of the west /2 of Section 24, Township
8 South, Range 22 East; thence west along the
section line to the southwest corer of Section
13, Township 8 South, Range 22 East; thence
north along the section line to the northwest cor-
ner of Section 25, Township 7 South, Range 22
East; thence east along the section line to the
southeast corner of Section 24, Township 7
South, Range 22 East; thence north along the
Bradford-Clay County line to the intersection of
the south boundary of Baker County; thence
west along the Baker-Bradford county line to the
intersection of the east boundary of Union
County; thence west along the Union-Baker
county line to the southwest corer of Section
18, Township 4 South, Range 20 East; thence
north along the range line to the northeast cor-
ner of Section 1, Township 3 South, Range 19
East; thence west along the township line to the
intersection of the east boundary of Columbia
County; thence north along the Baker-Columbia
County line to the intersection of the north
boundary line of the State of Florida; thence
westward along the Georgia-Florida line to the
northwest corer of Lot Number 155, thence
south along the line between Lot Number 154
& 155, 168 & 169 to the Watson Line; thence east
along the Watson Line to the northeast corer
of Section 24, Township 3 North, Range 5 East;
thence south along the range line between
Ranges 5 and 6 East to the southeast corer
of Section 12, Township 2 North, Range 5 East;
thence west along the section line to the north-
west corner of the east /2 of Section 13, Township
2 North, Range 5 East; thence south to the
southwest corer of the east /2 of Section 13,
Township 2 North, Range 5 East; thence east
along the section line to the northeast corer of
Section 24, Township 2 North, Range 5 East;
thence south along the range line between
Ranges 5 and 6 East to the southeast corer of
Section 36, Township 2 North, Range 5 East;
thence west along the township line between
Townships 1 and 2 North to the northwest cor-
ner of Section 6, Township 1 North, Range 5
East; thence south along the range line between
Ranges 4 and 5 East to the southeast corer of
Section 36, Township 1 North, Range 4 East;


Ch. 373


Ch. 373


WATER MANAGEMENT DISTRICTS







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


thence west along the Tallahassee Base Line to
the northwest corner of Section 2, Township 1
South, Range 3 East; thence south along the sec-
tion line to the Gulf of Mexico; thence along the
shore of the Gulf of Mexico, including the waters
of said gulf within the jurisdiction of the State
of Florida, to the point of beginning.
(c) St. Johns Water Management District.-
Begin at the intersection of the south boundary
of Indian River County with the Atlantic Ocean;
thence west along the township line between
Townships 33 and 34 South to the northeast cor-
ner of the northwest /4 of the northeast 1/4 of Sec-
tion 4, Township 34 South, Range 35 East;
thence south to the southeast corer of the north-
west /4 of the northeast 1/ of Section 4, Township
34 South, Range 35 East; thence west to the
southwest corer of the northwest 1/ of the
northeast /4 of Section 4, Township 34 South,
Range 35 East; thence north to the northwest
corner of the northwest '/ of the northeast /4 of
Section 4, Township 34 South, Range 35 East;
thence west along the township line between
Townships 33 and 34 South to the southwest cor-
ner of Section 31, Township 33 South, Range 35
East; thence north along range line between
Ranges 34 and 35 East to the southwest corer
of the northwest of the southwest A/ of Section
6, Township 33 South, Range 35 East; thence
east to the southeast corer of the northwest A/
of the southwest A/ of Section 6, Township 33
South, Range 35 East; thence north to the north-
east corer of the northwest /4 of the southwest
/4 of Section 6, Township 33 South, Range 35
East; thence west to the northwest corer of the
northwest 'A of the southwest 1/ of Section 6,
Township 33 South, Range 35 East; thence north
to the northeast corer of Section 1, Township
33 South, Range 34 East; thence west along the
township line between Townships 32 and 33
South to the southeast corer of the southwest
/4 of Section 36, Township 32 South, Range 34
East; thence north to the northeast corer of the
southwest A1 of Section 36, Township 32 South,
Range 34 East; thence west to the northwest
comer of the southwest of Section 36, Town-
ship 32 South, Range 34 East; thence south to
the southwest corer of Section 36, Township 32
South, Range 34 East; thence west along the
Osceola-Okeechobee County line to the north-
west corer of Section 4, Township 33 South,
Range 34 East; thence south along the section
line to the southeast corer of the northeast '4
of Section 5, Township 33 South, Range 34 East;
thence west to the southwest corer of the north-
east /4 of Section 5, Township 33 South, Range
34 East; thence north to the northwest corer
of the northeast A1 of Section 5, Township 33
South, Range 34 East; thence west along the sec-
tion line to the southwest corner of Section 32,
Township 32 South, Range 34 East; thence north
along the section line to the northeast corer of
Section 31, Township 32 South, Range 34 East;
thence west along the section line to the south-
west corner of Section 30, Township 32 South,


Range 34 East; thence north along the range line
between Ranges 33 and 34 East to the northeast
corer of Section 1, Township 30 South, Range
33 East; thence west to the southwest corner of
Section 31, Township 29 South, Raige 33 East;
thence north along the range line between
Ranges 32 and 33 East to the northwest corner
of Section 7, Township 28 South, Range 33 East;
thence east along the section line to the south-
east corner of the west /4 of Section 6, Township
28 South, Range 33 East; thence north to the
northeast corner of the west 'A of Section 6,
Township 28 South, Range 33 East; thence east
along the township line between Townships 27
and 28 South to the southeast corner of Section
36, Township 27 South, Range 32 East; thence
north along the range line between Ranges 32
and 33 East to the northeast corner of Section
1, Township 25 South, Range 32 East; thence
west to the southwest corner of the east /2 of Sec-
tion 31, Township 24 South, Range 32 East;
thence north to the northeast corner of the west
/2 of Section 31, Township 24 South, Range 32
East; thence west to the southwest corer of Sec-
tion 30, Township 24 South, Range 32 East;
thence north along the range line between
Ranges 31 and 32 East to the northeast corer
of Section 1, Township 24 South, Range 31 East;
thence west to the southwest corer of Section
31, Township 23 South, Range 31 East; thence
north to the northeast corner of Section 24,
Township 23 South, Range 30 East; thence west
to the southwest corer of Section 15, Township
23 South, Range 30 East; thence north along the
section line to the northeast corer of the south
1/8 of Section 21, Township 22 South, Range 30
East; thence west to the northwest corer of the
south /V of Section 21, Township 22 South,
Range 30 East; thence south to the southeast cor-
ner of Section 20, Township 22 South, Range 30
East; thence west along the section line to the
northwest corner of Section 30, Township 22
South, Range 29 East; thence south along the
section line to the southeast corer of Section
36, Township 22 South, Range 28 East; thence
west along the section line to the northwest cor-
ner of the northeast /4 of Section 1, Township
23 South, Range 28 East; thence south to the
southeast corer of the northeast %/ of the south-
east A1 of the northwest /4 of Seciton 1, Township
23 South, Range 28 East; thence west to the
northwest corer of the southwest A/ of the
southwest /4 of the northwest /4 of Section 2,
Township 23 South, Range 28 East; thence south
to the southeast corner of the north /2 of Section
3, Township 23 South, Range 28 East; thence
east to the southwest corer of the north /2 of
Section 4, Township 23 South, Range 28 East;
thence north along the section line to the north-
east corner of Section 5, Township 23 South,
Range 28 East; thence west along township line
between Townships 22 and 23 South to the
southwest corer of Section 32, Township 22
South, Range 28 East; thence north along the
section line to the northeast corer of the south


Ch. 373


w ~ mmmmmm I


- -- ~-~-NPPPPP on"


WATER MANAGEMENT DISTRICTS


Ch. 373


I








.9






Ch. 73 ATERMANGEMNT DSTRCTSCh. 373


1/2 of Section 31, Township 22 South, Range 28
East; thence west to the northwest corer of the
south /2 of Section 31, Township 22 South,
Range 28 East; thence south along the section
line to the southeast corner of Section 36, Town-
ship 22 South, Range 27 East; thence west along
the section line to the northwest corer of the
east 1/2 of Section 1, Township 23 South, Range
27 East; thence south to the southeast corer of
the northwest 1/ of Section 12, Township 23
South, Range 27 East; thence west to the south-
west corner of the northwest 1 of Section 12,
Township 23 South, Range 27 East; thence
south along the section line to the southeast cor-
ner of Section 11, Township 23 South, Range 27
East; thence west along the section line to the
northwest corer of the east '/2 of Section 14,
Township 23 South, Range 27 East; thence south
to the southeast comer-of the west 1/2 of Section
14, Township 23 South, Range 27 East; thence
west along the section line to the Southwest cor-
ner of Section 14, Township 23 South, Range 27
East; thence north along the section line to the
northeast corer of the south 1/2 of Section 15,
Township 23 South, Range 27 East; thence west
to the southwest corer of the north '/2 of Section
15, Township 23 South, Range 27 East; thence
north along the section line to the northeast cor-
ner of Section 16, Township 23 South, Range
27 East; thence west along the section line to
the northwest corer of Section 18, Township 23
South, Range 27 East; thence south along the
Lake-Orange County line to the southeast corer
of Section 24, Township 23 South, Range 26
East; thence west along the section line to the
northwest corer of Section 25, Township 23
South, Range 26 East; thence south along the
section line to the southeast corer of Section
26, Township 23 South, Range 26 East; thence
west along the section line to the northwest cor-
ner of the east i/2 of Section 35, Township 23
South, Range 26 East; thence south to the south-
east corer of the northwest /4 of Section 35,
Township 23 South, Range 26 East; thence west
to the northwest corer of the southwest '/ of
Section 35, Township 23 South, Range 26 East;
thence south along the section line to the south-
east corner of the northeast 1/ of the southeast
1/4 of Section 34, Township 23 South, Range 26
East; thence west to the northwest corer of the
southeast /4 of the southeast 1/ of Section 34,
Township 23 South, Range 26 East; thence south
to the southeast corer of the southwest 1 of the
southeast 1/ of Section 34, Township 23 South,
Range 26 East; thence west to the northwest cor-
ner of the northeast 1/ of the northwest 1 of the
northeast 1' of Section 3, Township 24 South,
Range 26 East; thence south to the southeast cor-
ner of the northwest 1/ of the northwest 1/ of
the northeast 1/ of Section 3, Township 24 South,
Range 26 East; thence west to the northwest cor-
ner of the southwest 1/ of the northwest 1/ of
the northeast 14 of Section 3, Township 24 South,
Range 26 East; thence south to the southwest
comer of the northwest 1 of the southwest 1/


of the northeast /4 of Section 15, Township 24
South, Range 26 East; thence east to the north-
east comer of the southwest /4 of the southwest
/4 of the northeast % of Section 15, Township
24 South, Range 26 East; thence south to the
southwest corer of the southeast /4 of the south-
west 14 of the northeast/4 of Section 15, Township
24 South, Range 26 East; thence east to the
northeast corer of the southeast /4 of Section
15, Township 24 South, Range 26 East; thence
south along the section line to the southwest cor-
ner of Section 23, Township 24 South, Range 26
East; thence east along the section line to the
northeast corer of the west /2 of Section 26,
Township 24 South, Range 26 East; thence south
to the southwest corner of the east /2 of Section
35, Township 24 South, Range 26 East; thence
east along the section line to the northeast cor-
ner of Section 2, Township 25 South, Range
26 East; thence south along the section line to
the southwest corer of the northwest /4 of Sec-
tion 1, Township 25 South, Range 26 East;
thence east to the northeast corer of the south-
west 1/ of Section 1, Township 25 South, Range
26 East; thence south to the southwest corer
of the northeast 1 of Section 12, Township 25
South, Range 26 East; thence east to the north-
east corer of the southeast /4 of Section 12,
Township 25 South, Range 26 East; thence south
along the range line between Ranges 26 and 27
East to the southwest corer of Section 18, Town-
ship 26 South, Range 27 East; thence east along
the section line to the northeast corer of the
west '/2 of Section 19, Township 26 South, Range
27 East; thence south to the southeast corer of
the west /2 of Section 19, Township 26 South,
Range 27 East; thence west along the section
line to the northwest corer of Section 30, Town-
ship 26 South, Range 27 East; thence south
along the range line between Ranges 26 and 27
East to the southwest corer of the northwest
/4 of the northwest / of Section 31, Township
26 South, Range 27 East; thence east to the
northeast corer of the southeast /4 of the north-
west /4 of Section 32, Township 26 South, Range
27 East; thence south to the southwest corer
of the northeast A1 of Section 5, Township 27
South, Range 27 East; thence east to the north-
east corner of the southeast /4 of Section 5,
Township 27 South, Range 27 East; thence south
along the section line to the southeast corer of
Section 17, Township 27 South, Range 27 East;
thence west along the section line to the north-
west corer of Section 20, Township 27 South,
Range 27 East; thence south along the section
line to the northeast corer of the south /4 of
Section 19, Township 27 South, Range 27 East;
thence west to the northwest corer of the south
/4 of Section 19, Township 27 South, Range 27
East; thence south along the section line to the
southwest corer of Section 19, Township 27
South, Range 27 East; thence west along the
section line to the southwest corer of Section
22, Township 27 South, Range 26 East; thence
north along the section line to the northwest cor-


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch.373

















































1


ner of Section 27, Township 26 South, Range
26 East; thence east along the section line to the
southeast corner of the west %/ of Section 22,
Township 26 South, Range 26 East; thence north
to the northeast corner of the west % of Section
22, Township 26 South, Range 26 East; thence
west to the southwest corner of Section 15,
Township 26 South, Range 26 East; thence north
along the section line to the northeast corner of
Section 16, Township 25 South, Range 26 East;
thence west along the section line to the south-
west corner of Section 9, Township 25 South,
Range 26 East; thence north along the section
line to the Lake-Polk County line; thence west
along the county line to the southeast corner of
Section 34, Township 24 South, Range 25 East;
thence north along the county line to the north-
east corner of Section 34, Township 24 South,
Range 25 East; thence west along the county line
to the southwest corner of Section 29, Township
24 South, Range 25 East; thence north along the
section line to the northeast corner of the south
/4 of Section 30, Township 24 South, Range 25
East; thence west to the northwest corner of the
south /4 of Section 30, Township 24 South,
Range 25 East; thence north along the range line
between Ranges 24 and 25 East to the northeast
corner of Secton 1, Township 23 South, Range
24 East; thence west along the section line to
the southwest corner of Section 31, Township 22
South, Range 24 East; thence north along the
range line to the northeast corner of Section 1,
Township 18 South, Range 23 East; thence west
to southeast corner of Section 36, Township 17
South, Range 22 East; thence north to northeast
corner of Section 12, Township 17 South, Range
22 East; thence west to southwest corner of Sec-
tion 2, Township 17 South, Range 22 East;
thence north to northeast corner of Section 34,
Township 16 South, Range 22 East; thence west
to southwest corner of Section 29, Township 16
South, Range 22 East; thence north to northeast
corner of Section 18, Township 16 South, Range
22 East; thence west to southwest corner of Sec-
tion 7, Township 16 South, Range 22 East;
thence north to northeast corner of Section 12,
Township 15 South, Range 21 East; thence west
to southwest corner of Section 1, Township 15
South, Range 21 East; thence north to northeast
corner of Section 2, Township 15 South, Range
21 East; thence west to southwest corner of Sec-
tion 35, Township 14 South, Range 21 East;
thence north to northwest corner of Section 11,
Township 14 South, Range 21 East; thence east
to southeast corner of Section 2, Township 14
South, Range 21 East; thence north to northwest
corner of Section 1, Township 14 South, Range
21 East; thence east to southeast corner of Sec-
tion 36, Township 13 South, Range 21 East;
thence north to northeast corner of Section 25,
Township 13 South, Range 21 East; thence west
to northwest corner of Section 27, Township 13
South, Range 21 East; thence south to southeast
corner of Section 28, Township 13 South, Range
21 East; thence west to northwest corner of Sec-


tion 31, Township 13 South, Range 21 East;
thence north along the range line between
Ranges 20 and 21 East to northwest corner of
Section 30, Township 13 South, Range 21 East;
thence east along the section line to the south-
east corner of the west '/ of Section 19, Township
13 South, Range 21 East; thence north to the
northeast corner of the west %/ of Section 19,
Township 13 South, Range 21 East; thence west
to the northwest corner of Section 19, Township
13 South, Range 21 East; thence north along the
range line between Ranges 20 and 21 East to
the northeast corner of Section 12, Township 12
South, Range 20 East; thence west along the sec-
tion line to the southwest corner of Section 1,
Township 12 South, Range 20 East; thence north
along the section line to the northwest corner
of Section 1, Township 12 South, Range 20 East;
thence west along the Alachua-Marion county
line to the northeast corner of the west /8 of Sec-
tion 5, Township 12 South, Range 20 East;
thence south to the southeast corner of the west
Vs of Section 5, Township 12 South, Range 20
East; thence west along the section line to the
southwest corner of the east Vs of Section 1,
Township 12 South, Range 19 East; thence north
to the northwest corner of the east Vs of Section
1, Township 12 South, Range 19 East; thence
west along the Alachua-Marion county line to
the southeast corner of Section 35, Township 11
South, Range 19 East; thence north along the
section line to the northeast corner of the south
/2 of Section 35, Township 11 South, Range 19
East; thence west to the northwest corner of the
northeast %/ of the southeast 4 of Section 34,
Township 11 South, Range 19 East; thence south
to the southwest corner of the southeast 1/ of the
southeast %1 of Section 34, Township 11 South,
Range 19 East; thence west along the Alachua
County line to the southeast corner of Section
36, Township 11 South, Range 18 East; thence
north along the range line to the northwest cor-
ner of Section 6, Township 10 South, Range 19
East; thence east along the section line to the
southeast corner of the west 8s of Section 31,
Township 9 South, Range 19 East; thence north
to the northeast corner of the west Vs of Section
31, Township 9 South, Range 19 East; thence
west along the section line to the southwest cor-
ner of Section 30, Township 9 South, Range 19
East; thence north along the range line between
Ranges 18 and 19 East to the southwest corner
of the north %' of Section 19, Township 9 South,
Range 19 East; thence east to the southeast cor-
ner of the north 1/8 of Section 19, Township 9
South, Range 19 East; thence north along the
section line to the northeast corner of Section
19, Township 9 South, Range 19 East; thence
east along the section line to the northwest cor-
ner of Section 23, Township 9 South, Range 19
East; thence south along the section line to the
southwest corner of the north /8 of Section 23,
Township 9 South, Range 19 East; thence east
to the southeast corner of the north Vs of Section
23, Township 9 South, Range 19 East; thence


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Ch. 373


S


4.


WATER MANAGEMENT DISTRICTS


I


Ch. 373







STE MA CEMENT DISTRICTS


north to the northwest corner of Section 24,
Township 9 South, Range 19 East; thence east
along the section line to the southeast corer of
Section 13, Township 9 South, Range 19 East;
thence north along the range line to the north-
west corner of Section 6, Township 9 South,
Range 20 East; thence eastward along the town-
ship line to the southeast corner of Section 36,
Township 8 South, Range 20 East; thence north
along the township line to the northwest corer
of Section 18, Township 8 South, Range 21 East;
thence east along the section line to the north-
east corer of Section 15, Township 8 South,
Range 21 East; thence south along the section
line to the southwest corer of Section 23, Town-
ship 8 South, Range 21 East; thence east along
the section line to the northeast corner of Section
26, Township 8 South, Range 21 East; thence
south along the section line to the southwest cor-
ner of the north /2 of Section 25, Township 8
South, Range 21 East; thence east along a line
to the northeast corer of the south half of Sec-
tion 25 Township 8 South, Range 21 East; thence
south along the range line to the southwest cor-
ner of Section 30, Township 8 South, Range 22
East; thence east along the section line to the
northeast corer of Section 32, Township 8
South, Range 22 East; thence south along the
section line to the southwest corner of Section
16, Township 9 South, Range 22 East; thence
eastward along the section line to the southeast
corer of the west /8 of Section 18, Township 9
South, Range 23 East; thence northward to the
northeast corer of the west 1/ of Section 18,
Township 9 South, Range 23 East; thence west
to the southwest corer of Section 7, Township
9 South, Range 23 East; thence northward along
the Bradford-Clay County line to the northeast
corer of Section 36, Township 8 South, Range
22 East; thence west along the section line to
the southwest corer of the east /2 of Section 25,
Township 8 South, Range 22 East; thence north
to the northeast corer of the west /2 of Section
24, Township 8 South, Range 22 East; thence
west.along the section line to the southwest cor-
ner of Section 13, Township 8 South, Range 22
East; thence north along the section line to the
northwest corer of Section 25, Township 7
South, Range 22 East; thence east along the sec-
tion line to the southeast corer of Section 24,
Township 7 South, Range 22 East; thence north
along the Bradford-Clay county line to the inter-
section of the south boundary of Baker County;
thence west along the Baker-Bradford County
line to the intersection of the east boundary of
Union County; thence west along the Union-
Baker County line to the southwest corner of
Section 18, Township 4 South, Range 20 East;
thence north along the range line to the north-
east corer of Section 1, Township 3 South,
Range 19 East; thence west along the township
line to the intersection of the east boundary of
Columbia County; thence north along the
Baker-Columbia County line to the intersection
of the north boundary line of the State of Flor-


ida; thence east along the Georgia-Florida line
to the Atlantic Ocean; thence southerly along
the Atlantic Ocean, including the waters of said
ocean within the jurisdiction of the State of Flor-
ida to the point of beginning.
(d) Southwest Florida Water Management
District.-Begin at the intersection of the north
boundary of Lee County with the Gulf of Mexico:
thence eastward along the Lee-Charlotte County
line to the southwest corer of the southeast '/
of the southeast 1/ of Section 36, Township 42
South, Range 23 East; thence north to the north-
west corer of the southeast 1/ of the southeast
1A of Section 36, Township 42 South, Range 23
East; thence east to the northeast corer of the
southwest 1/ of the southwest 1 of Section 31,
Township 42 South, Range 24 East; thence south
to Charlotte-Lee County line; thence eastward
along the Charlotte-Lee County line to the south-
west corer of the southwest 1/ of the southeast 1/

of Section 32, Township 42 South, Range 24 East;
thence north to the northwest comer of the
southwest 1/ of the southeast 1/ of Section 32,
Township 42 South, Range 24 East; thence east
to the northeast corer of the southeast '/ of the
southeast 1/ of Section 32, Township 42 South,
Range 24 East; thence south along the section
line to the Charlotte-Lee County line; thence
eastward along the Charlotte-Lee County line to
the southeast corer of Section 33, Township 42
South, Range 24 East; thence north along the
section line to the southwest corer of the north-
west /4 of the northwest /4 of Section 34, Town-
ship 42 South, Range 24 East; thence east to the
southeast corer of the northwest A4 of the north-
west /4 of Section 34, Township 42 South, Range
24 East; thence north to the northeast corer of
the northwest 1/ of the northwest '/ of Section
34, Township 42 South, Range 24 East; thence
west along the section line to the southeast cor-
ner of Section 28, Township 42 South, Range 24
East; thence north along the section line to the
northwest corer of the southwest 1/ of the
southwest /4 of Section 22, Township 42 South,
Range 24 East; thence east to the southeast cor-
ner of the northwest 1 of the southeast 1/ of
Section 22, Township 42 South, Range 24 East;
thence north to the northeast corer of the north-
west 1/ of the northeast 1/ of Section 22, Town-
ship 42 South, Range 24 East; thence west along
the section line to the southeast corer of Section
16, Township 42 South, Range 24 East; thence
north along the section line to the northwest cor-
ner of the southwest A/ of the southwest /4 of
Section 3, Township 42 South, Range 24 East;
thence east to the northeast corer of the south-
west /4 of the southwest % of Section 3, Town-
ship 42 South, Range 24 East; thence north to
the northwest corner of the northeast 1/ of the
southwest /4 of Section 3, Township 42 South,
Range 24 East; thence east to the southwest cor-
ner of the northeast 14 of Section 3, Township
42 South, Range 24 East; thence north to the
northwest comer of the northeast % of Section
3, Township 42 South, Range 24 East; thence


Ch. 373


WATER NIANAC~EMENT DISTRICTS


Ch. 373







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


east along the section line to the northwest cor-
ner of the northeast 4 of the northwest /4 of Sec-
tion 6, Township 42 South, Range 25 East;
thence south to the southwest corer of the
northeast %/ of the northwest 1/ of Section 6,
Township 42 South, Range 25 East; thence east
to the southeast corer of the northeast '/ of
the northwest 4 of Section 6, Township 42
South, Range 25 East; thence north to the north-
west corer of the northeast 1 of Section 6, Town-
ship 42 South, Range 25 East; thence east along
the section line to the southwest corner of Sec-
tion 32, Township 41 South, Range 25 East;
thence north along the section line to northwest
corer of the southwest /4 of Section 32, Town-
ship 41 South, Range 25 East; thence east to the
northeast corner of the southeast /4 of Section
32, Township 41 South, Range 25 East; thence
south along the section line to the southeast cor-
ner of Section 32, Township 41 South, Range 25
East; thence east along the section line to the
southeast corer of Section 36, Township 41
South, Range 25 East; thence north along the
section line to the northwest corer of Section
6, Township 41 South, Range 26 East; thence
east along the section line to the southeast cor-
ner of Section 36, Township 40 South, Range 26
East; thence north along the section line to the
southwest corer of Section 30, Township 40
South, Range 27 East; thence east along the sec-
tion line to the southeast corer of the southwest
1 of the southwest 1/ of Section 30, Township
40 South, Range 27 East; thence north to the
northeast corner of the southwest % of the south-
west 1/ of Section 30, Township 40 South, Range
27 East; thence west to the northwest corner of
the southwest / of the southwest A/ of Section
30, Township 40 South, Range 27 East; thence
north along the section line to the northwest
corer of Section 6, Township 40 South, Range 27
East; thence east along the Charlotte-DeSoto
County line to the southeast corer of Section
36, Township 39 South, Range 27 East; thence
north along the DeSoto-Highlands County line
to the intersection of the South boundary of
Hardee County; thence north along the Hardee-
Highlands County line to the south boundary of
Polk County; thence west along the Hardee-Polk
County line to the southwest corner of Section
34, Township 32 South, Range 27 East; thence
north along the section line to the northeast cor-
ner of Section 33, Township 30 South, Range 27
East; thence east along the section line to the
southeast corer of Section 26, Township 30
South, Range 27 East; thence north along the
section line to the southwest corer of the north-
west /4 of Section 25, Township 30 South, Range
27 East; thence east to the southeast corer of
the northwest 1/ of Section 25, Township 30
South, Range 27 East; thence north to the south-
east corer of the northeast /4 of the northwest
1 of Section 24, Township 30 South, Range 27
East; thence west to the southwest corer of the
northwest % of the northwest 1 of Section 24,
Township 30 South, Range 27 East; thence north


along the section line to the northwest corer
of the southwest 1/ of the northwest '/ of Section
1, Township 30 South, Range 27 East; thence
east to the southeast corner of the northwest 1/
of the northwest 1/ of Section 1, Township 30
South, Range 27 East; thence north to the north-
east corer of the northwest '/ of the northwest
/4 of Section 1, Township 30 South, Range 27
East; thence west along the section line to the
southwest corer of Section 36, Township 29
South, Range 27 East; thence north along the
section line to the northeast corner of Section
35, Township 28 South, Range 27 East; thence
west along the section line to the southwest cor-
ner of the southwest 'A of the southeast /4 of Sec-
tion 27, Township 28 South, Range 27 East;
thence north to the northwest corner of the
southwest /4 of the southeast /4 of Section 27,
Township 28 South, Range 27 East; thence west
to the northwest corner of the southwest '/ of
the southwest %/ of Section 27, Township 28
South, Range 27 East; thence north along the
section line to the northwest corer of Section
3, Township 28 South, Range 27 East; thence
west to the southwest corer of Section 33, Town-
ship 27 South, Range 27 East; thence north
along the section line to the northeast corner of
Section 20, Township 27 South, Range 27 East;
thence west along the section line to the north-
west corner of Section 20, Township 27 South,
Range 27 East; thence south along the section
line to the northeast corer of the south A/ of
Section 19, Township 27 South, Range 27 East;
thence west to the northwest corer of the south
/4 of Section 19, Township 27 South, Range 27
East; thence south along the section line to the
southwest corner of Section 19, Township 27
South, Range 27 East; thence west along the sec-
tion line to the southwest corer of Section 22,
Township 27 South, Range 26 East; thence north
along the section line to the northwest corer
of Section 27, Township 26 South, Range 26
East; thence east along the section line to the
southeast corer of the west 'A of Section 22,
Township 26 South, Range 26 East; thence north
to the northeast corner of the west /4 of Section
22, Township 26 South, Range 26 East; thence
west to the southwest corner of Section 15, Town-
ship 26 South, Range 26 East; thence north
along the section line to the northeast corner of
Section 16, Township 25 South, Range 26 East;
thence west along the section line to the south-
west corer of Section 9, Township 25 South,
Range 26 East; thence north along the section
line to the Lake-Polk County line; thence west
along the county line to the southeast corner of
Section 34, Township 24 South, Range 25 East;
thence north along the county line to the north-
east corner of Section 34, Township 24 South,
Range 25 East; thence west along the county line
to the southwest corer of Section 29, Township
24 South, Range 25 East; thence north along the
section line to the northeast corner of the south
/4 of Section 30, Township 24 South, Range 25
East; thence west to the northwest corer of the


Ch. 373


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Ch. 373


I







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


south 'A of Section 30, Township 24 South,
Range 25 East; thence north along the range line
between Ranges 24 and 25 East to the northeast
comer of Section 1, Township 23 South, Range
24 East; thence west along the section line to
the southwest corer of Section 31, Township 22
South, Range 24 East; thence north along the
range line to the northeast corer of Section 1,
Township 18 South, Range 23 East; thence west
to southeast corer of Section 36, Township 17
South, Range 22 East; thence north to northeast
corer of Section 12, Township 17 South, Range
22 East; thence west to southwest corer of Sec-
tion 2, Township 17 South, Range 22 East;
thence north to northeast corer of Section 34,
Township 16 South, Range 22 East; thence west
to southwest corer of Section 29, Township 16
South, Range 22 East; thence north to northeast
corer of Section 18, Township 16 South, Range
22 East; thence west to southwest corer of Sec-
tion 7, Township 16 South, Range 22 East;
thence north to northeast corner of Section 12,
Township 15 South, Range 21 East; thence west
to southwest corer of Section 1, Township 15
South, Range 21 East; thence north to northeast
corer of Section 2, Township 15 South, Range
21 East; thence west to southwest corner of Sec-
tion 35, Township 14 South, Range 21 East;
thence north to northwest corer of Section 11,
Township 14 South, Range 21 East; thence east
to southeast corer of Section 2, Township 14
South, Range 21 East; thence north to northwest
corer of Section 1, Township 14 South, Range
21 East; thence east to southeast corer of Sec-
tion 36, Township 13 South, Range 21 East;
thence north to northeast corner of Section 25,
Township 13 South, Range 21 East; thence west
to northwest corer of Section 27, Township 13
South, Range 21 East; thence south to southeast
corer of Section 28, Township 13 South, Range
21 East; thence west to northwest corner of Sec4
tion 31, Township 13 South, Range 21 East9
thence south to southeast corner of Section 36,
Township 13 South, Range 20 East; thence west
to northwest corer of Section 1, Township 14
South, Range 20 East; thence south to southeast
corer of Section 2, Township 14 South, Range
20 East; thence west to northwest corer of Sec-
tion 11, Township 14 South, Range 20 East;
thence south to southwest corer of Section 14,
Township 14 South, Range 20 East; thence east
to northeast corer of Section 23, Township 14
South, Range 20 East; thence south to southeast
corer of Section 26, Township 14 South, Range
20 East; thence west to northwest corer of Sec-
tion 35, Township 14 South, Range 20 East;
thence south to southeast corer of Section 3,
Township 15 South, Range 20 East; thence west
to northwest corer of Section 10, Township 15
South, Range 20 East; thence south to southeast
corer of Section 9, Township 15 South, Range
20 East; thence west to northwest corer of Sec-
tion 16, Township 15 South, Range 20 East;
thence south to southeast corer of Section 20,
Township 15 South, Range 20 East; thence west


to northwest corer of Section 30, Township 15
South, Range 20 East; thence south to southeast
corer of Section 25, Township 15 South, Range
19 East; thence west to northwest corer of Sec-
tion 36, Township 15 South, Range 19 East;
thence south to southeast corer of Section 35,
Township 15 South, Range 19 East; thence west
to northwest corer of Section 2, Township 16
South, Range 19 East; thence south to southeast
corner of Section 33, Township 15 South, Range
19 East; thence west to northwest corer of Sec-
tion 5, Township 16 South, Range 19 East;
thence south to southeast corer of Section 6,
Township 16 South, Range 19 East; thence west
to northwest corer of Section 12, Township 16
South, Range 18 East; thence south to southeast
corner of Section 11, Township 16 South, Range
18 East; thence west to northwest corer of Sec-
tion 14, Township 16 South, Range 18 East;
thence south to southeast corer of Section 15,
Township 16 South, Range 18 East; thence west
to southwest corer of Section 17, Township 16
South, Range 18 East; thence north to northeast
corer of Section 18, Township 16 South, Range
18 East; thence west to northwest corer of Sec-
tion 13, Township 16 South, Range 17 East;
thence south to southeast corer of Section 14,
Township 16 South, Range 17 East; thence west
to northwest corer of Section 23, Township 16
South, Range 17 East; thence south to southeast
corner of Section 22, Township 16 South, Range
17 East; thence west to northwest corer of Sec-
tion 27, Township 16 South, Range 16 East;
thence south to southeast corer of Section 28,
Township 16 South, Range 16 East; thence west
to the Gulf of Mexico; thence south along the
Gulf of Mexico, including the waters of said gulf
within the jurisdiction of the State of Florida,
to the point of beginning.
(e) South Florida Water Management Dis-
trict.-Begin at the intersection of the north
boundary of Lee County with the Gulf of Mexico:
thence eastward along the Lee-Charlotte County
line to the southwest corner of the southeast 1/
of the southeast 1A of Section 36, Township 42
South, Range 23 East; thence north to the north-
west corner of the southeast 1/ of the southeast
1/ of Section 36, Township 42 South, Range 23
East; thence east to the northeast corer of the
southwest 1A of the southwest 1/ of Section 31,
Township 42 South, Range 24 East; thence south
to Charlotte-Lee County line; thence eastward
along the Charlotte-Lee County line to the south-
west corer of the southwest '/ of the southeast
of Section 32, Township 42 South, Range 24
East; thence north to the northwest corer of the
southwest 1/ of the southeast '/ of Section 32,
Township 42 South, Range 24 East; thence east
to the northeast corner of the southeast % of the
southeast '/ of Section 32, Township 42 South,
Range 24 East; thence south along the section
line to the Charlotte-Lee County line; thence
eastward along the Charlotte-Lee County line to
the southeast corer of Section 33, Township 42
South, Range 24 East; thence north along the


LLZ-


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch. 373




- I -


WATER MANAGEMENT DISTRICTS


Ch. 373


section line to the southwest corner of the north-
west 1 of the northwest 1/ of Section 34, Town-
ship 42 South, Range 24 East; thence east to the
southeast corer of the northwest 1/ of the north-
west A of Section 34, Township 42 South, Range
24 East; thence north to the northeast corner of
the northwest 'h of the northwest 1 of Section
34, Township 42 South, Range 24 East; thence
west along the section line to the southeast cor-
ner of Section 28, Township 42 South, Range 24
East; thence north along the section line to the
northwest corer of the southwest %/ of the
southwest /4 of Section 22, Township 42 South,
Range 24 East; thence east to the southeast cor-
ner of the northwest % of the southeast 1' of Sec-
tion 22, Township 42 South, Range 24 East;
thence north to the northeast corer of the north-
west 1A of the northeast % of Section 22, Town-
ship 42 South, Range 24 East; thence west along
the section line to the southeast corer of Section
16, Township 42 South, Range 24 East; thence
north along the section line to the northwest cor-
ner of the southwest 'A of the southwest '/ of
Section 3, Township 42 South, Range 24 East;
thence east to the northeast corer of the south-
west A4 of the southwest 'A of Section 3, Town-
ship 42 South, Range 24 East; thence north to
the northwest corner of the northeast '/ of the
southwest 'A of Section 3, Township 42 South,
Range 24 East; thence east to the southwest cor-
ner of the northeast A4 of Section 3, Township
42 South, Range 24 East; thence north to the
northwest corer of the northeast '/ of Section
3, Township 42 South, Range 24 East; thence
east along the section line to the northwest cor-
ner of the northeast '/ of the northwest A/ of Sec-
tion 6, Township 42 South, Range 25 East;
thence south to the southwest corer of the
northeast 1/ of the northwest %/ of Section 6,
Township 42 South, Range 25 East; thence east
to the southeast corner of the northeast A of the
northwest 'A of Section 6, Township 42 South,
Range 25 East; thence north to the northwest
corner of the northeast 'A of Section 6, Township
42 South, Range 25 East; thence east along the
section line to the southwest corer of Section
32, Township 41 South, Range 25 East; thence
north along the section line to northwest corer
of the southwest 1' of Section 32, Township 41
South, Range 25 East; thence east to the north-
east corer of the southeast 'A of Section 32,
Township 41 South, Range 25 East; thence south
along the Section line to the southeast corer of
Section 32, Township 41 South, Range 25 East;
thence east along the section line to the south-
east corer of Section 36, Township 41 South,
Range 25 East; thence north along the section
line to the northwest corner of Section 6, Town-
ship 41 South, Range 26 East; thence east along
the section line to the southeast corer of Section
36, Township 40 South, Range 26 East; thence
north along the section line to the southwest cor-
ner of Section 30, Township 40 South, Range 27
East; thence east along the section line to the
southeast corer of the southwest A4 of the south-


west /4 of Section 30, Township 40 South, Range
27 East; thence north to the northeast corer of
the southwest '4 of the southwest '/ of Section
30, Township 40 South, Range 27 East; thence
west to the northwest corner of the southwest
1A of the southwest 'A of Section 30, Township
40 South, Range 27 East; thence north along the
section line to the northwest corer of Section
6, Township 40 South, Range 27 East; thence
east along the Charlotte-DeSoto County line to
southeast corer of Section 36, Township 39
South, Range 27 East; thence north along the
DeSoto-Highlands County line to the intersec-
tion of the South Boundary of Hardee County;
thence north along the Hardee-Highlands Coun-
ty line to the south boundary of Polk County;
thence west along the Hardee-Polk County line
to the southwest corner of Section 34, Township
32 South, Range 27 East; thence north along the
section line to the northeast corer of Section
33, Township 30 South, Range 27 East; thence
east along the section line to the southeast cor-
ner of Section 26, Township 30 South, Range 27
East; thence north along the section line to the
southwest corer of the northwest '/ of Section
25, Township 30 South, Range 27 East; thence
east to the southeast corer of the northwest /4
of Section 25, Township 30 South, Range 27
East; thence north to the southeast corner of the
northeast %1 of the northwest %/ of Section 24,
Township 30 South, Range 27 East; thence west
to the southwest corer of the northwest '/ of
the northwest '/ of Section 24, Township 30
South, Range 27 East; thence north along the
section line to the northwest corer of the south-
west 14 of the northwest '/ of Section 1, Town-
ship 30 South, Range 27 East; thence east to the
southeast corer of the northwest %/ of the north-
west A1 of Section 1, Township 30 South, Range
27 East; thence north to the northeast corer of
the northwest %1 of the northwest '/ of Section
1, Township 30 South, Range 27 East; thence
west along the section line to the southwest cor-
ner of Section 36, Township 29 South, Range 27
East; thence north along the section line to the
northeast corer of Section 35, Township 28
South, Range 27 East; thence west along the sec-
tion line to the southwest corer of the southwest
1A of the southeast A1 of Section 27, Township
28 South, Range 27 East; thence north to the
northwest corer of the southwest '/ of the
southeast A1 of Section 27, Township 28 South,
Range 27 East; thence west to the northwest cor-
ner of the southwest '/ of the southwest %/ of
Section 27, Township 28 South, Range 27 East;
thence north along the section line to the north-
west corer of Section 3, Township 28 South,
Range 27 East; thence west to the southwest cor-
ner of Section 33, Township 27 South, Range 27
East; thence north along the section line to the
northeast corer of the southeast 'A of Section
5, Township 27 South, Range 27 East; thence
west to the northwest corer of the southeast '/
of Section 5, Township 27 South, Range 27 East;
thence north to the northeast corner of the south-


__ _ _ _ _ I


Ch. 373


Gte


0s







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


east 1 of the northwest 1/ of Section 32, Town-
ship 26 South, Range 27 East; thence west to the
southwest corer of the northwest /4 of the
northwest A/ of Section 31, Township 26 South,
Range 27 East; thence north along the range line
between ranges 26 and 27 to the northwest cor-
ner of Section 30, Township 26 South, Range 27
East; thence east along the section line to the
southeast corer of the southwest '/ of Section
19, Township 26 South, Range 27 East; thence
north to the northeast corner of the northwest
/4 of Section 19, Township 26 South, Range 27
East; thence west along the section line to the
southwest corner of Section 18, Township 26
South, Range 27 East; thence north along the
range line between ranges 26 and 27 to the
northeast corer of the southeast /4 of Section
12, Township 25 South, Range 26 East; thence
west to the northwest corer of the northwest
'/ of the southeast A1 of Section 12, Township
25 South, Range 26 East; thence north to the
northeast corner of the southwest %/ of Section
1, Township 25 South, Range 26 East; thence
west to the northwest corer of the southwest
/ of Section 1, Township 25 South, Range 26
East; thence north along the section line to the
northwest corner of the northwest %/ of Section
1, Township 25 South, Range 26 East; thence
west along the section line to the southwest cor-
ner of the southeast 1 of Section 35, Township
24 South, Range 26 East; thence north to the
southwest corer of the southeast 4 of Section
23, Township 24 South, Range 26 East; thence
west along the section line to the southwest cor-
ner of Section 23, Township 24 South, Range 26
East; thence north along the section line to the
southeast corer of the northeast A/ of Section
15, Township 24 South, Range 26 East; thence
east to the southeast corer of the southwest 'A
of the southwest / of the northeast % of Section
15, Township 24 South, Range 26 East; thence
north to the northeast corner of the southwest
/4 of the southwest /4 of the northeast /4 of Sec-
tion 15, Township 24 South, Range 26 East;
thence west to the northwest corner of the south-
west /4 of the southwest 1/ of the northeast /4
of Section 15, Township 24 South, Range 26
East; thence north to the northwest corer of the
southwest /4 of the northwest '/ of the northeast
4 of Section 3, Township 24 South, Range 26
East; thence east to the northeast corer of the
southwest A/ of the northwest /4 of the northeast
/4 of Section 3, Township 24 South, Range 26
East; thence north to the northwest corer of the
northeast /4 of the northwest /4 of the northeast
/4 of Section 3, Township 24 South, Range 26
East; thence east along the section line to the
southwest corer of the southeast 14 of the south-
east % of Section 34, Township 23 South, Range
26 East; thence north to the northwest corner
of the southeast 1/ of the southeast /4 of Section
34, Township 23 South, Range 26 East; thence
east to the southwest corner of the northwest /4
S of the southwest of Section 35, Township 23
South, Range 26 East; thence north to the north-


west corer of the southwest %/ of Section 35,
Township 23 South, Range 26 East; thence east
to the northeast corer of the southwest %/ of Sec-
tion 35, Township 23 South, Range 26 East;
thence north to the northwest corner of the
northeast %1 of Section 35, Township 23 South,
Range 26 East; thence east along the section line
to the southwest corner of Section 25, Township
23 South, Range 26 East; thence north along the
section line to the northwest corer of Section
25, Township 23 South, Range 26 East; thence
east along the section line to the northeast cor-
ner of Section 25, Township 23 South, Range 26
East; thence north along the section line to the
northwest corer of Section 18, Township 23
South, Range 27 East; thence east to the north-
west corner of Section 15, Township 23 South,
Range 27 East; thence south along the section
line to the southwest corer of the northwest /4
of Section 15, Township 23 South, Range 27
East; thence east to the northeast corner of the
southeast % of Section 15, Township 23 South,
Range 27 East; thence south along the section
line to the southeast corer of Section 15, Town-
ship 23 South, Range 27 East; thence east along
the section line to the southeast corer of the
southwest /4 of Section 14, Township 23 South,
Range 27 East; thence north to the northwest
corer of the northeast % of Section 14, Town-
ship 23 South, Range 27 East; thence east along
the section line to the northwest corer of Sec-
tion 13, Township 23 South, Range 27 East;
thence north to the northwest corer of the
southwest A1 of Section 12, Township 23 South,
Range 27 East; thence east to the northeast cor-
ner of the southwest %1 of Section 12, Township
23 South, Range 27 East; thence north to the
northwest corer of the northeast /4 of Section
1, Township 23 South, Range 27 East; thence
east along the section line to the southwest cor-
ner of Section 31, Township 22 South, Range 28
East; thence north along the section line to the
northwest corer of the southwest /4 of Section
31, Township 22 South, Range 28 East; thence
east to the northeast corer of the southeast '/
of Section 31, Township 22 South, Range 28
East; thence south along the section line to the
southeast corer of Section 31, Township 22
South, Range 28 East; thence east along the sec-
tion line to the northeast corer of Section 5,
Township 23 South, Range 28 East; thence south
along the section line to the southwest corner
of the northwest /4 of Section 4, Township 23
South, Range 28 East; thence east to the south-
west corner of the northwest '/ of Section 2,
Township 23 South, Range 28 East; thence north
along the section line to the northwest corer
of the southwest /4 of the southwest % of the
northwest '/ of Section 2, Township 23 South,
Range 28 East; thence east to the southeast cor-
ner of the northeast '/ of the southeast / of the
northwest / of Section 1, Township 23 South,
Range 28 East; thence north to the northwest
corer of the northeast %1 of Section 1, Township
23 South, Range 28 East; thence east along the


Ch. 373


Ch. 373


WATER MANAGEMENT DISTRICTS






WATER MANAGEMENT DISTRICTS


section line to the northeast corner of Section
1, Township 23 South, Range 28 East; thence
north to the northwest corer of Section 30,
Township 22 South, Range 29 East; thence east
along the section line to the northwest corer
of Section 28, Township 22 South, Range 30
East; thence north to northwest corer of the
southwest 1/ of the southwest '/ of the southwest
1/ of Section 21, Township 22 South, Range 30
East; thence east to the northeast comer of the
southeast '/ of the southeast 1 of the southeast
/4 of Section 21, Township 22 South, Range 30
East; thence south along the section line to the
southeast comer of Section 16, Township 23
South, Range 30 East; thence east to the north-
east corer of Section 24, Township 23 South,
Range 30 East; thence south to the southeast cor-
ner of Section 36, Township 23 South, Range 30
East; thence east to the northeast corer of Sec-
tion 1, Township 24 South, Range 31 East;
thence south to the northwest corer of Section
31, Township 24 South, Range 32 East; thence
east along the section line to the northeast cor-
ner of the northwest A1 of Section 31, Township
24 South, Range 32 East; thence south to the
southwest corer of the southeast '4 of Section
31, Township 24 South, Range 32 East; thence
east along the section line to the northeast cor-
ner of Section 1, Township 25 South, Range 32
East; thence south along the range line between
Ranges 32 and 33 east to the southeast corer
of Section 36, Township 27 South, Range 32
East; thence west along the section line to the
northwest corer of the northeast %/ of the north-
west A1 of Section 6, Township 28 South, Range
33 East; thence south to the southeast corner of
the southwest 'A of the southwest 1/ of Section
6, Township 28 South, Range 33 East; thence
west along the section line to the southwest cor-
ner of Section 6, Township 28 South, Range 33
East; thence south along the range line between
Ranges 32 and 33 east to the southwest corer
of Section 31, Township 29 South, Range 33
East; thence east along the section line to the
northeast corner of Section 1, Township 30
South, Range 33 East; thence south along the
range line between Ranges 33 and 34 East to
the southeast corer of Section 36, Township 30
South, Range 33 East; thence west along the sec-
tion line to the northwest corer of Section 6,
Township 31 South, Range 34 East; thence south
along the range line between Ranges 33 and 34
East to the northwest corer of Section 31,
Township 32 South, Range 34 East; thence east
along the section line to the northeast corner of
Section 31, Township 32 South, Range 34 East;
thence south along the section line to the south-
east corer of Section 31, Township 32 South,
Range 34 East; thence east along the section line
to the northwest corer of the northeast 14 of Sec-
tion 5, Township 33 South, Range 34 East;
thence south to the southwest corer of the
northeast 1/ of Section 5, Township 33 South,
Range 34 East; thence east to the southeast cor-
ner of the northeast 1 of Section 5, Township


33 South, Range 34 East; thence north along the
section line to the northeast corer of Section
5, Township 33 South, Range 34 East; thence
east along the township line between Townships
32 and 33 South to the southwest corer of Sec-
tion 36, Township 32 South, Range 34 East;
thence north along the section line to the north-
west corer of the southwest A1 of Section 36,
Township 32 South, Range 34 East; thence east
to the northeast corer of the southwest 'A of Sec-
tion 36, Township 32 South, Range 34 East;
thence south to the southeast corner of the south-
west /4 of Section 36, Township 32 South, Range
34 East; thence east along the section line to the
northeast corer of Section 1, Township 33
South, Range 34 East; thence south along the
range line between Ranges 34 and 35 East to
the northwest corer of the southwest '/ of Sec-
tion 6, Township 33 South, Range 35 East;
thence east to the northeast corer of the north-
west 1/ of the southwest %/ of Section 6, Town-
ship 33 South, Range 35 East; thence south to
the southeast corer of the northwest /4 of the
southwest 14 of Section 6, Township 33 South,
Range 35 East; thence west to the southwest
corer of the northwest 'A of the southwest '/
of Section 6, Township 33 South, Range 35 East;
thence south along the range line between
Ranges 34 and 35 East to the southwest corner
of Section 31, Township 33 South, Range 35
East; thence east along the township line
between Townships 33 and 34 South to the north-
west comer of northeast A/ of Sec*ion 4, Town-
ship 34 South, Range 35 East; thence south to the
southwest corer of the northwest / of the north-
east A/ of Section 4, Township 34 South, Range
35 East; thence east to the southeast corer of
the northwest 1/ of the northeast /4 of Section 4,
Township 34 South, Range 35 East; thence north
to the northeast corer of the northwest 1/ of the
northeast 1 of Section 4, Township 34 South,
Range 35 East; thence east along the township
line between Townships 33 and 34 South to the
Atlantic Ocean; thence southerly along the
Atlantic Ocean to the Gulf of Mexico and thence
northerly along the Gulf of Mexico, including the
waters of said ocean and of said gulf and the
islands therein within the jurisdiction of the
state of Florida, to the point of beginning.
(4) During the interim period prior to July
1, 1975:
(a) The department and the previously ex-
isting districts shall assist the newly created dis-
tricts in becoming operational.
(b) The department shall encourage, and co-
ordinate where appropriate, the use of inter-
agency agreements covering the duties, responsi-
bilities, assets, and liabilities of the districts and
their respective basins relating to territories to
be transferred from one district to another.
(c) The department shall assist in obtaining
modification of existing obligations, duties, and
responsibilities, regardless of how incurred, of
the respective districts which are needed to in-


9~t


- ~.~~~~rs~


Ch. 373


Ch. 373







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


sure orderly transfer of territory from one district
to another.
(d) The department and the respective dis-
tricts shall submit recommendations regarding
any matters affected by such transfers to the
1974 regular session of the legislature.
History.-12, part I, ch. 72-299; 6, ch. 73-190.
*Note.-Bracketed words inadvertently omitted from C.S. for S.B.
1164, enacted as ch. 73-190.

373.0693 Basins; basin boards.-
(1) Any areas within a district may be
designated by the district governing board as
subdistricts or basins. The designation of such
basins shall be made by the district governing
board by resolutions thereof. The governing
board of the district may change the boundaries
of such basins, except the basins within the
Ridge and Lower Gulf Coast Water Management
District, or create new basins by resolution.
(2) Each basin shall be under the control of
a basin board which shall be composed of not
less than three members, but shall include one
representative from each of the included counties
in the basin.
(3) Each member of the various basin
boards shall serve for a period of three years or
until his successor is appointed, except that the
board membership of each new basin shall be
divided into three groups as equally as possible,
with members in such groups to be appointed
S for one, two, and three years, respectively. Each
basin board shall choose a vice-chairman and
a secretary to serve for a period of one year. The
term of office of a basin board member shall be
construed to commence on July 1 preceding the
date of his appointment and to terminate June
30 of the year of the end of his term.
(4) Members of basin boards shall be ap-
pointed by the governor, subject to confirmation
by the senate at the next regular session of the
legislature, and the refusal or failure of the
senate to confirm an appointment shall create
a vacancy in the office to which the appointment
was made.
(5) Basin board members shall receive no
compensation for such services, but while offi-
cially on work for the district shall receive their
actual traveling expenses and subsistence and
lodging, not to exceed the statutory amount al-
lowed state officers and employees, and other ex-
penses in the actual amount incurred.
(6) The member of the governing board of
the district residing in the basin, or, if no mem-
ber resides in the basin, a member of the govern-
ing board designated by the chairman of the
governing board, shall be the ex officio chair-
man of the basin board. The ex officio chairman
shall preside at all meetings of the basin board,
except that the vice-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 of-
ficer of the district in all affairs in the basin and
S shall be kept informed of all such affairs.
History.-6, ch. 73-190.


373.0695 Duties of basin boards; authorized
expenditures.-
(1) The various boards shall be responsible
for discharging the following described functions
in their respective basins:
(a) The preparation of engineering plans for
development of the water resources of the basin
and the conduct of public hearings on such
plans.
(b) The development and preparation of over-
all basin plan of secondary water control facili-
ties for the guidance of subdrainage districts and
private land owners in the development of their
respective systems of water control which will
be connected to the primary works of the basin
to complement the engineering plan of primary
works for the basin.
(c) The preparation of the annual budget for
the basin and the submission of such budget to
the governing board of the district for inclusion
in the district budget.
(d) The consideration and prior approval of
final construction plans of the district for works
to be constructed in the basin.
(e) The administration of the affairs of the
basin.
*(f) Planning for and, upon request by a
county, municipality, or regional water supply
authority, providing water supply and transmis-
sion facilities for the purpose of assisting such
counties, municipalities, and regional water sup-
ply authorities within or serving the basin.
(2) Basin board moneys shall be utilized for:
a) Engineering studies of works of the basin.
SPayment for the preparation of final plans
and specifications for construction of basin
works executed by the district.
*(c) Payment of costs of construction of
works of the basin executed by the district.
(d) Payment for maintenance and operation
of basin works as carried out by the district.
(e) Administrative and regulatory activities of
the basin.
*(f) Payment for real property interests for
works of the basin.
(g) Payment of costs of road, bridge, railroad,
and utilities modifications and changes resulting
from basin works.
*(3) The works of the basin shall be those
adopted by the respective basin boards. Such
works may be adopted jointly with other basins
and may be within or without the area of the ba-
sin.
*(4) In the exercise of the duties and powers
granted herein, the basin boards shall be subject
to all the limitations and restrictions imposed on
the water management districts in s. 373.1961.
Hitory.-s. 6, ch. 73-190; s ch. 74-114.
No ubsectonn (X, (3) and (4), as created, and paragraphs
(2Xc) and (f, as amended, take effect October 1, 1974.
373.0697 Basin taxes.- The respective
basins may, upon approval of the electors in
such basin pursuant to 9(b), Art. VII of the
state constitution, by resolution request the
governing board of the district to levy ad va-
lorem taxes within such basin. Upon receipt
of such request, a basin tax levy shall be made


Ch. 373


WATER MANAGEMENT DISTRICTS


Ch. 373







by the governing board of the district to finance
basin functions enumerated in 373.0695.
(1) The amount of money to be raised by
said tax levy shall be determined by the adop-
tion of an annual budget by the district board
of governors, and the average millage for the
basin shall be that amount required to raise the


amount called for by the annual budget when
applied to the total assessment of the basin as
determined for county taxing purposes. How-
ever, no such tax shall be levied within the basin
unless and until the annual budget and required
tax levy shall have been approved by formal


~L-hjh~;-~EF-it39_1__~__ _(_ __




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WATER MANAGEMENT DISTRICTS


action of the basin board, and no county in the
district shall be taxed under this provision at a
rate to exceed one mill.
(2) The taxes provided for in this section
shall be extended by the county tax assessor on
the county tax roll in each county within or
partly within the basin and shall be collected
by the tax collector in the same manner and time
as county taxes and the proceeds therefrom paid
to the district for basin purposes. Said taxes
shall be a lien until paid on the property against
which assessed, and enforceable in like manner
as county taxes. The tax assessors, tax collectors
and clerks of the circuit court of the respective
counties shall be entitled to compensation for
services performed in connection with such taxes
at the same rates as apply to county taxes.
(3) It is hereby determined that the taxes
authorized by this subsection are in proportion
to the benefits to be derived by the several
parcels of real estate within the basin from the
works authorized herein.
(4) Tax millages authorized by the electors
during the interim period prior to July 1, 1975
may be continued within such areas after said
date, notwithstanding the fact that such area
may have been transferred to another district.
History.--6. ch 73-190
373.073 Governing board.-
(1) The governing board of each water
management district shall be composed of nine
members who shall reside within the district.
Each member's term of office shall be for four
years or until his successor shall have been
appointed and qualified; however, four of the
members composing each of the initial boards
in the districts newly established by this chapter
shall be appointed for terms expiring in July.
1973, and five shall be appointed for terms
expiring in July, 1975. Members of the govern-
ing boards continued under this chapter shall
be appointed according to the following sched-
ule:
(a) On the Southwest Florida Water Man-
agement District governing board, two of the
terms of office expiring in 1972 shall be filled
for a term expiring in July, 1974, and the other
term of office expiring in 1972 shall be filled
for a term expiring in July, 1976; the three
terms of office expiring in 1973 shall be filled
for a term expiring in July, 1976; the three
current terms of office expiring in 1974 shall
be filled for a term expiring in July, 1978; and all
other terms shall be for four years. On the
respective basin water management boards of
the Southwest Florida Water Management
District, members shall be appointed for terms
of four years upon expiration of respective
current terms. The residency requirements
prescribed in chapter 61-691, Laws of Florida,
shall continue to apply to all subsequent ap-
pointments.
(b) On the Central and Southern Florida
Flood Control District governing board, as recon-
stituted by this chapter, the two terms of


office expiring in 1972 shall be filled for terms
expiring in July, 1975 and, in addition, three
new offices are created for terms expiring in
July, 1975: the two terms of office expiring
in 1973 shall be filled for terms of office expir-
ing in July, 1977 and, in addition, one new office
is hereby created for a term expiring in July,
1973; and the term of office expiring in 1974
shall be filled for a term expiring in July, 1977.
Thereafter all terms of office shall be for four
years.
(2) Members of the governing boards
shall be appointed by the governor, subject to
confirmation by the senate at the next regular
session of the legislature, and the refusal or
failure of the senate to confirm an appointment
shall create a vacancy in the office to which
the appointment was made.
(3) In the event a regional planning and
service district is created with boundaries coter-
minous with the boundaries of a water man-
agement district, the governing hoard of the
regional planning and service district may be
designated by the department to perform any
of the functions authorized by this chapter
to be performed by a water management dis-
trict. The legislature may, by general or special
act, transfer any or all powers, duties, or func-
tions herein authorized to be performed by a
water management district to such regional
planning and service districts and may provide
for the transfer or termination of the terms of
office of the governing board of the affected
water management district
Histor..-4l s part I h 7.;'-l
373.076 Vacancies in the governing board;
removal from office.-
(1) Vacancies occurring in the governing
board of a district prior to the expiration of
the affected term shall be filled for the unex-
pired term.
(21 The governor shall have authority to
remove from office any officer of said district
in the manner and for cause defined by the
laws of this state applicable to situations which
may arise in said district.
Hislor\.--91 part I ch ;-.'"

373.079 Members of governing board; oath
of office; etc.-
(1) Each member of the governing board
of the district, before entering upon his offi-
cial duties, shall take and subscribe to an oath,
before some officer authorized by law to admin-
ister oaths, that he will honestly, faithfully and
impartially perform the duties devolving upon
him in office as member of the governing
board of the district to which he was appointed
and that he will not neglect any of the duties
imposed upon him by this chapter.
12) Immediately after their appointment.
and every two years thereafter, members com-
posing the governing board shall meet at some
convenient place and choose one of their
number chairman of the board, and some suit-


Ch R373


Ch. 373


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V.1 373 WATER M ..... ENT DISTI







Ch. 373


able person secretary, who may or may not be
a member of the governing board, and who
may be required to execute bond for the faith-
ful performance of his duties as the governing
board may determine. Such board shall adopt
a seal with a suitable device, and shall keep a
well bound book entitled, in effect, "Record
of Governing Board of
District," in which shall be recorded minutes
of all meetings, resolutions, proceedings, cer-
tificates, bonds given by all employees, and
any and all corporate acts, which book shall
at reasonable times be open to the inspection
of any citizen of Florida or taxpayer in the
district or his agent or attorney.
(3) The chairman and members of the board
shall receive no compensation for such services,
but while officially on work for the district
shall receive their actual traveling expenses
and subsistence and lodging, not to exceed the
statutory amount allowed state officers and
employees, and other expenses in the actual
amount incurred therefore.
(4) The governing board of the district is
authorized to employ an executive director and
such engineers, other professional persons, and
other personnel and assistants as the board may
deem necessary and under such terms and
conditions as it may determine, and to termin-
ate such employment.
(5) The governing board may employ a
legal staff for the purposes of:
(a) Providing legal counsel on matters
relating to the exercise of its powers and
duties;
(b) Representing it in all proceedings of
an administrative or judicial nature; and
(c) Otherwise assisting in the administra-
tion of the provisions of this chapter.
(6) By resolution the governing board may
determine the location of its principal office
and provide for the change thereof.
(7) The governing board shall meet at
least once a month and upon call of the chair-
man.
History.-15, part I, ch. 72-299.

373.083 General powers and duties of the
governing board.-In addition to other powers
and duties allowed it by law, the governing
board is authorized to:
(1) Contract with public agencies, private
corporations, or other persons; sue and be sued;
and appoint and remove agents and employees,
including specialists and consultants.
(2) Issue orders to implement or enforce
any of the provisions of this chapter or regula-
tions thereunder.
(3) Make surveys' and 'investigations of the
water supply and resources of the district and
cooperate with other governmental agencies
in similar activities.
History.-16, part I, ch. 72-299.
373.084 District works, operation by other


governmental agencies.-The district may per-
mit governing bodies of water conservation dis-
tricts, drainage and other improvement dis-
tricts, and federal, state and local governments,
authorities or agencies to operate and main-
tain the works of the district under conditions
which the governing board may deem advisable.
History.--4, ch. 29790, 1955; 25, ch. 73-190.
Note.-See former 378.161.
373.085 Use of works by other districts.-
(1) The governing board shall have author-
ity to prescribe the manner in which local
works provided by other districts or by private
persons shall connect with and make use of the
works of the district, to issue permits therefore,
and to cancel the same for noncompliance with
the conditions thereof, or for other cause. It
shall be unlawful to connect with or make use
of the works of said district without consent
in writing from its governing board, and said
board shall have authority to prevent, or if
done to estop or terminate the same.
(2) Damage resulting from unlawful use
of such works, or from violations of the con-
ditions of permit issued by the board shall, if
made by other than a public agency, be subject
to such penalty as is or may be prescribed by
law and in addition thereto by a date and in a
manner prescribed by the board, repair of said
damage to the satisfaction of said board, or
deposit with said board a sum sufficient there-
for, and if by a public agency, then at the ex-
pense of such agency the repair of said damage
to the satisfaction of the board or the deposit
with said board of a sum sufficient therefore.
History.-17, ch. 25209, 1949; 25, ch. 73-190.
Note.-See former 378.17.
373.086 Providing for district works.-
(1) In order to carry out the works for the
district, and for effectuating the purposes of
this chapter, the governing board is authorized
to clean out, straighten, enlarge or change the
course of any waterway, natural or artificial,
within or without the district; to provide such
canals, levees, dikes, dams, sluiceways, reser-
voirs, holding basins, floodways, pumping sta-
tions, bridges, highways and other works and
facilities which the board may deem necessary;
establish, maintain and regulate water levels in
all canals, lakes, rivers, channels, reservoirs,
streams or other bodies of water owned or
maintained by the district; to cross any high-
way, or railway with works of the district and
to hold, control and acquire by donation, lease
or purchase, or to condemn any land, public or
private, needed for rights-of-way or other pur-
poses, and may remove any building or other
obstruction necessary for the construction,
maintenance and operation of the works, and to
hold and have full control over the works and
rights of way of the district.
(2) The works of said district shall be
those adopted by the governing board of the
district. The district may require or take over
for operation and maintenance such works of
other districts as the governing board may


" 1


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WATER MANAGEMENT DISTRICTS


Ch. 373


s\i Ir C


Ch. 373







Ch. 373 WATER MANAGEMENT DISTRICTS Ch. 373


deem advisable under agreement with such dis-
tricts.
History.-- 16, ch. 25209, 1949; 12, ch. 29790, 1955; 11, ch. 61-
147; 3, ch. 61-497; 2, ch. 63-224; 1, ch. 67-206; 1, part Vi, ch.
72-299; 25, ch. 73-190.
Note.-See former 378.16.

373.087 District works using aquifer for
storage and supply.-The governing board may
establish works of the district for the purpose
of introducing water into, or drawing water
from, the underlying aquifer for storage or
supply. However, only water of a compatible
quality shall be introduced directly into such
aquifer.
History.-l, ch. 72-318.
373.089 Sale of lands.-The governing
board of the district may sell lands to which the
district has acquired title or to which it may
hereafter acquire title in the following manner:
(1) Any lands determined by the govern-
ing board to be surplus may be sold by the dis-
trict, at any time for the highest price obtain-
able.
(2) All sales of land shall be for cash or
upon terms and security to be approved by
the governing board, but a deed therefore shall
not be executed and delivered until full pay-
ment is made.
(3) Before selling any land, except as pro-
vided in subsection (5) hereof, it shall be the
duty of the district to cause a notice of inten-
tion to sell to be published in a newspaper
published in the county in which said land is
situated once each week for three successive
weeks (three insertions being sufficient), the
first publication of which shall be not less
than thirty nor more than forty-five days prior
to any sale, which notice shall set forth the
time and place of the sale and a description of
lands to be offered for sale.
(4) All sales shall be conducted at the coun-
ty courthouse in the county in which the land
is located on any day of the week except Sun-
day and at any time specified in the notice
between the hours of 11:00 a.m. and 2:00 p.m.
(5) Public sale shall not be required where
surplus lands are being resold to the then
owner of that adjacent parcel from which the
surplus land was originally parted; provided
such sale is made within one year from the
time the land is declared surplus; and the
owner of the adjacent parcel shall be notified
by registered mail to the address shown on the
county tax roll within thirty days after the land
is declared surplus.
History.-4, ch. 29790, 1955; 25, ch. 73-190.
Note.-See former 378.48.
373.093 Lease of lands or interest in land.
-The governing board of the district may lease
any lands or interest in land, including but
not limited to oil and mineral rights, to which
the district has acquired title, or to which it
may hereafter acquire title in the following
S manner:
(1) For the best price and terms obtain-


able, to be determined by the board.
(2) Before leasing any land, or interest in
land including but not limited to oil and min-
eral rights, the district shall cause a notice of
intention to lease to be published in a news-
paper published in the county in which said
land is situated and such other places as the
board may determine once each week for three
successive weeks (three insertions being suf-
ficient), the first publication of which shall
be not less than thirty nor more than forty-five
days prior to any lease, which said notice shall
set forth the time and place of leasing and a
description of the lands to be leased.
(3) It shall not be necessary to publish
the notice as provided by subsection (2) where
the lease is made to a person in connection
with land acquisition by the district and the
lease results in a diminution of the cost to the
district in the acquisition of the land.
History.-4, ch. 29790, 1955; 25, ch. 73-190.
Note.-See former 378.49.

373.096 Releases.-The governing board of
the district may release any canal easement,
reservation or right-of-way interests, conveyed
to it for which it has no present or apparent
future use under terms and conditions deter-
mined by the board.
History.-4, ch. 29790, 1955; 25, ch. 73-190.
Note.-See former 378.50.
373.099 Execution of instruments.-Any in-
struments of sale, lease, release or conveyance
executed pursuant to the provisions of this
chapter shall be executed in the name of the
district by its governing board acting by the
chairman or vice-chairman of said board and
shall have the corporate seal of the board af-
fixed thereto attested by its secretary and any
such instrument shall be effective to pass the
title or interest of the district in the property
conveyed; provided, the district shall not war-
rant the title to any property sold, leased, re-
leased or conveyed.
History.-4, ch. 29790, 1955; 25, ch. 73-190.
Note.-See former 378.51.
373.103 Powers which may be vested in
the governing board at the department's
discretion.-In addition to the other powers and
duties allowed it by law, the governing board of a
water management district may be specifically
authorized by the department to:
(1) Administer and enforce all provisions
of this chapter, including the permit systems
established in parts II, III, and IV of this chapter.
(2) Cooperate with the United States in
the manner provided by Congress for flood
control, reclamation, conservation, and allied
purposes in protecting the inhabitants, the land,
and other property within the district from the
effects of a surplus or a deficiency of water
when the same may be beneficial to the
public health, welfare, safety, and utility.
(3) Plan, construct, operate, and maintain
works of the district as hereinafter defined.


Ch. 373


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Ch. 373


(4) Determine, establish, and control the
level of waters to be maintained in all canals,
lakes, rivers, channels, reservoirs, streams, or
other bodies of water controlled by the district;
to maintain such waters at the levels so deter-
mined and established by means of dams, locks.
flood gates, dikes, and other structures; and
to regulate the discharge into, or withdrawal
from, the canals, lakes, rivers, channels, reser-
voirs, streams, or other bodies of water control-
led by the district or which are a work of the
district, including review of small watershed
projects (Public Law 83-566).
(5) Expend, at the discretion of the govern-
ing board, for purposes of promotion, adver-
tisement, and improvement of the program
and objectives of the district, a yearly sum not
to exceed one fourth of one percent of the
moneys collected by taxation within the district.
(6) Exercise such additional power and
authority compatible with this chapter and other
statutes and federal laws affecting the district
as may be necessary to perform such duties
and acts and to decide such matters and dis-
pose of the same as are not specifically defined
in or covered by statute.
(7) Prepare, in cooperation with the depart-
ment, that part of the state water use plan ap-
plicable to the district.
History.-17, part I, ch. 72-299; 7, ch. 73-190.

373.106 Permit required for construction
involving underground formation.-
(1) No construction may be begun on a
project involving artificial recharge or the in-
S tentional introduction of water into any under-
ground formation except as permitted in chap-
ter 377, without the written permission of
the governing board of any water management
district within which the construction will take
place. Such application shall contain the de-
tailed plans and specifications for the construc-
tion of the project. Should the application be
rejected, the applicant may obtain a hearing
before the governing board by filing a written
petition requesting such hearing. The hearing
before the governing board shall be conducted
pursuant to 373.126.
(2) A water management district may do
any act necessary to replenish the ground water
of said district. The district may, among other
things, for the purposes of replenishing the
ground water supplies within the district:
(a) Buy water;
(b) Exchange water;
(c) Distribute water to persons in exchange
for ceasing or reducing ground water extrac-
tions;
(d) Spread, sink, and inject water into the
underground;
(e) Store, transport, recapture, reclaim,
purify, treat, or otherwise manage and control
water for the beneficial use of persons or prop-
erty within the district; and


(f) Build the necessary works to achieve
ground water replenishment.
History.-18, part I, ch. 72-299.

373.109 Permit application fees.-The de-
partment may authorize a water management
district governing board to establish a schedule
of fees for filing applications for the permits
required by this chapter.
(1) All moneys received under the pro-
visions of this section shall be allocated for
the use of the water management district and
shall be in addition to moneys otherwise
appropriated in any general appropriation act.
(2) The failure of any person to pay the
fees established hereunder shall constitute
grounds for revocation of his permit.
History.-19, part I, ch. 72-299.
373.113 Adoption of regulations by the
governing board.-In administering the provi-
sions of this chapter the governing board shall
adopt, promulgate, and enforce such regula-
tions as may be reasonably necessary to effec-
tuate its powers, duties, and functions pursuant
to the provisions of chapter 120.
History.-20, part I, ch. 72-299.
373.116 Procedure for water use and im-
poundment construction permit applications.-
(1) Applications for water use permits,
under part II of this chapter, and for permits
for construction or alteration of dams, im-
poundments, reservoirs, and appurtenant works,
under part IV of this chapter, shall be filed
with the water management district on appro-
priate forms provided by the governing board.
(2) Upon receipt of an application for a
permit of the type referred to in subsection
(1), the governing board shall cause a notice
thereof to be published in a newspaper having
general circulation within the affected area.
The notice shall be published at least once
a week for two consecutive weeks. In addition,
the governing board shall send a copy of such
notice to any person who has filed a written
request for notification of any pending appli-
cations affecting this particular designated
area. This notification shall be sent by regular
mail prior to the date of last publication.
(3) In the event a hearing is required under
the provisions of this chapter, such hearing
shall be conducted in accordance with the
provisions of 373.126.
History.-21, part I, ch. 72-299.
373.119 Administrative enforcement pro-
cedures; orders.-
(1) Whenever the executive director of a
water management district has reason to believe
that a violation of any provision of this chapter
or any regulation promulgated thereunder or
permits or order issued pursuant thereto has
occurred, is occurring, or is about to occur, the
executive director may cause a written com-
plaint to be served upon the alleged violator


Ch. 373




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