Title: Water Supply Policy Document
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Permanent Link: http://ufdc.ufl.edu/WL00004533/00001
 Material Information
Title: Water Supply Policy Document
Physical Description: Book
Language: English
Publisher: South Florida Water Management District - April 10, 1991
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Supply Policy Document
General Note: Box 23, Folder 1 ( Miscellaneous Water Papers, Studies, Reports, Newsletters, Booklets, Annual Reports, etc. - 1973 -1992 ), Item 36
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004533
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.

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DRAFT


WATER SUPPLY POLICY
DOCUMENT







South Florida Water Management District


APRIL 10, 1991






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Glossary


"Aesthetic uses" The uses of water as a means of or in conjunction with artistic
expression, such as fountains and artificial waterfalls. Also, the uses of water for enhancement of
quality of life, rather than for the survival and health maintenance of plants, animals or man; the
most common example is landscape irrigation.
"Agricultural uses" The use of water for the commercial production of crops or the
growing of farm products including but not limited to vegetables, citrus, tropical fruits, pasture,
nursery stock, sugar cane, rice and sod.
"Consumptive use" Water that is withdrawn from surface and/or groundwater sources
and is not returned to that source after use.
"Demand management" Reducing the demand for water through activities that alter
water use practices, improve efficiency in water use, reduce losses of water, reduce waste of water,
alter land management practices and/or alter land uses.
"Essential non-withdrawal The water required to maintain minimum flows and levels for
protecting estuaries, wetlands and other ecosystems, navigation, and fish and wildlife resources.
"Minimum flow" The rate of discharge of ground water through an aquifer or surface
water through a watercourse below which some type of unacceptable impact is likely to occur, such
as inland salt water migration.
"Minimum levels" The stage (referenced to National Geodetic Vertical Datum, or
NGVD) or elevation of ground water in an aquifer or surface water in a watercourse, wetland or
lake below which some type of unacceptable impact is likely to occur, such as hydroperiod
alteration.
"Ground Water" All water found beneath the surface of the earth in the voids, fractures
and pores or other openings of soil and rock material.
"Permit" The authorization issued by the Governing Board of the SFWMD to use water
for some reasonable-beneficial use. Permits are issued for a finite period not to exceed twenty
years. The authorization may be for a total annual use, a maximum use per day or month, or both.
"Potable water" Water that is suitable for drinking, culinary, or domestic purposes.
"Reasonable-beneficial" The use of water in such a quantity as is necessary for economic
and efficient utilization, for a purpose and in a manner which is both reasonable and consistent
with public interest
"Reuse" The deliberate application of water that has received at least secondary
treatment, in compliance with the Department of Environmental Regulation and Water
Management District rules, for a beneficial purpose.
"Stormwater" Surface water resulting from rainfall that does not percolate into the ground or
evaporate.


Water that flows, falls or collects above the surface of the earth.


"Surface water"






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"Wastewater" The combination of liquid and water-carried pollutants from residences,
commercial buildings, industrial plants and institutions together with any groundwater, surface
runoff or leachate that may be present.
"Water quality standards" Standards comprised of designated most beneficial uses
(classification of waters), the numerical and narrative criteria applied to the specific water use or
classification, the Florida anti-degradation policy, and the additional provisions contained in rules
17-3 and 17-4 FAC.
"Watercourse" A natural or man-made channel through which water flows.
"Waters of the state" Those waters defined in Section 403.817, Florida Statutes.
"Wetlands" Those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in
saturated soil conditions.







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Table of Contents


GLOSSARY ............................................................ -i-
EXECUTIVE SUMMARY ............................................ -1-
I. INTRODUCTION .................................................... -3-
1 HISTORY AND PURPOSE OF WATER SUPPLY PLANNING
INITIATIVE ................................................... -6-
2. WATER SUPPLY PLANNING COMPONENTS ................... -7-
A. Regional Water Supply Plans ................................ -7-
B. Water Supply Element of SWIM Plans ........................ -8-
C. Basis of Review (BOR) for Consumptive Water Use Applications .. -8-
D. Other related programs ...................................... -8-
II. WATER SUPPLY PLANNING GOAL .............................. -11-
III. POLICY STATEMENTS .......................................... -13-
1. CONSERVATION/ EFFICIENT USES ......................... -15-
Directive .................................................... -15-
Policies ...................................................... -15-
D discussion ........................... ..................... -16-
2. ECONOMIC DEVELOPMENT OF THE WATER RESOURCE ..... -19-
Directive ........................................................ -19-
Policies .......................................... ............. -19-
Discussion .................................................... -19-
3. ENVIRONMENTAL PROTECTION, FLOOD CONTROL AND
WATER STORAGE ..................................... -21-
Directive ...................................................... -21-
Policies ...................................................... -21-
Discussion ..................................................... -22-
4. RIGHTS TO WATER USE ..................................... -25-
Directive ..................................................... -25-
Policies ............................ .......................... -25-
Discussion .................................................... -25-
5. WATER QUALITY ............................................... -31-
Directive .............................. ....................... -31-
Policies ...................................................... -31-
Discussion .................................................... -31-
6. WATER AVAILABILITY, MONITORING AND FORECASTING ...... -35-
Directive ..................................................... -35-
Policies ...................................................... -35-
Discussion ..................................................... -35-
IV. HISTORY OF FLORIDA WATER LAW AND POLICY .......... -37-


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Table of Contents (Cont.)

V. APPLICATIONS OF POLICIES TO SELECTED WATER USE ISSUES -43-
A PPENDIX ........................................................... -45-






List of Figures

Figure 1. Water Supply Implementation Roles of District Departments ....... -4-
Figure 2. Six Major Policy Directives Derived from State Law ............... -5-


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EXECUTIVE SUMMARY
Florida's water resource laws have set forth a broad directive that the state's
five water management districts, in conjunction with the Florida Department of
Environmental Regulation, develop programs that provide sufficient water to meet
the needs of all reasonable and beneficial uses that are in the public interest, as long
as these programs safeguard the environment and protect water quality.
A number of water supply policy directives and statements can be found in the
state statutes and administrative rules. This document attempts to compile and
explain the South Florida Water Management District's interpretation of these
policies for the purpose of providing guidance to the water supply planning efforts the
District initiated in 1988. The District is in the process of developing regional and
subregional plans to help ensure that long-term water supply needs of South Florida
can be met. In related efforts, the District is preparing revisions to its own rules for
the purpose of improving the regulation and management of the public's most
precious resource -- water.
The state's overall water resources goal in the State Comprehensive Plan
(Chapter 187.201) is:
"Florida shall assure the availability of an adequate supply of water for
all competing uses deemed reasonable and beneficial and shall
maintain the functions of natural systems and the overall present level
of surface and ground water quality. Florida shall improve and restore
the quality of waters not presently meeting water quality standards."
The goal of the District's Water Supply Planning initiative is to attain
maximum reasonable and beneficial use of water. This document identifies six major
water use planning directives in the law, including mandates to conserve water
supplies, promote economic development, protect and enhance the environment,
protect water use rights and the public interest, preserve and enhance water quality,
and provide the monitoring and forecasting tools needed to manage the region's
resources. A list of related policy statements and a discussion of each directive is
provided.
The policies contained in this document support the concept of diversifying
water supply sources in order to meet the needs of the region. Development of the
regional water supply plans and integrated, cooperative planning between the
District, local governments and the state can result in the creation of a well-planned
network of multiple sources. Implementation of such a strategy can reduce
dependence on the regional surface water supply system, better protect the
environment, lessen competition among users, decrease the frequency and severity of
water shortage problems, and otherwise promote prudent management of the state's
natural resources.
Additionally, the regional plans will be used to develop the water supply
elements of the Surface Water Improvement and Management Plans for priority
water bodies such as Lake Okeechobee and the Everglades. Through the linkage of
the SWIM and water supply planning processes, the District can effectively address
the complex environmental and water quality issues that arise when managing
water resources in an area that has rapid urban growth and extensive agricultural
industries surrounding a unique system of natural resources such as the Kissimmee
River, Lake Okeechobee, and the Everglades.






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I. INTRODUCTION
The purpose of this document is to provide a compilation and discussion of the
major water policies of the State of Florida and the South Florida Water Management
District. This policy framework will be used to guide key decisions related to water
supply planning and regulation by the District as outlined below. A clear, concise
review of water resource policies provided by law and administrative code is a critical
step in developing a comprehensive water supply planning initiative.
The information contained in this report is an interpretative summary of state
statutes and rules governing the uses of surface and ground waters in Florida. Some
readers may wish to refer to Chapters 187, 373 and 403, Florida Statutes (F.S.), and
Chapter 17-40, Florida Administrative Code (F.A.C.) to review the full legal
provisions. For the readers' convenience, selected sections of these chapters have
been provided in the appendices.
The Water Supply Policy Document is a direction-setting document. It is not
an administrative rule. The policies in this document will guide several District
activities and will play an important role in defining how the District allocates future
water supplies, including how the District approaches its review and potential
reallocation of existing water rights as existing permits come up for renewal.
Specifically, this document will guide planning and regulatory programs, including
the development of water supply plans for specific geographic regions, the creation
and implementation of water supply elements for Surface Water Improvement and
Management (SWIM) plans, and for the updating of the regulatory Basis of Review.
The latter includes the District's rules governing the issuance of consumptive use
permits, which is part of the District's regulatory program. Amendments to the Basis
of Review will be made through the established rulemaking procedures under
Chapter 120, F.S.
The completion of Basis of Review modifications and the water supply plans
will give the District a comprehensive water supply program to fulfill the
requirements of the state's Water Resource Act and to address the priority water use
issues identified in the District's strategic planning effort.
The highest priorities among water supply issues targeted in the District's
long-term strategic plan include assuring adequate water supply for both the Lower
East and Lower West Coasts, identifying the water supply needs of the environment,
and implementing demand management and water conservation programs for the
Lower East Coast. The future revisions to the strategic planning priorities for water
use issues should be reviewed in light of the policies contained in this document.
Managing and regulating the regional water supply is one of four fundamental
activities of the SFWMD. The District's mission statement identifies these activities
as environmental protection and enhancement, water supply, flood protection, and
water quality protection.
The development of programs to address these fundamental functions must be
coordinated to minimize or abate any inherent conflicts. This can be achieved by
developing multi-objective plans that balance all major concerns. The water supply
planning initiative will result in programs that involve each department of the
agency. Figure 1 provides an overview of how major departments are involved in the
implementation of the water supply planning effort.





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FIGURE 1.


Water Supply Implementation Tasks for District Departments.


District Departments


Planning


Operations and
Maintenance

SRe ionalResearch &
Water regional Evaluation
S Supply Water
Policy Supply Land
Document Plans Management


[77777] I


I I

\--
Construction
Management


Executive Office
(Counsel and
Communications)


Water Supply Related Activities
Assist local governments in water supply planning;
review comprehensive plans. Monitor water supply
plan effectiveness; revise and update plans.
Develop SWIM water supply elements.
Operate the flood control/water supply system.
Implement adjustments to regulation water levels
(schedules) on lakes and canals.

Monitor resource conditions. Forecast trends.
Develop models to evaluate planning options.

Purchase environmentally sensitive lands with
SOR or P-2000 funds. Identify and acquire lands
for SWIM or other plans involving water
treatment, storage or recharge.
Update Basis of Review (BOR) to comply with
policy guidelines and regional plans. Implement
BOR changes in consumptive use permitting and
policy changes in other permits.

Oversee construction of flowways, reservoirs or
aquifer storage and recovery projects. Improve
District structures or canals to enhance conveyance
of water for water supply or flood control purposes.

Develop rulemaking schedules and prepare rule
revisions. Implement public information and
education campaigns.






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This document is focused on a series of water supply policies and definitions.
In the state statutes, there are six principal water supply directives, which form the
main categories for the supporting policy statements found elsewhere in the statutes
and in the administrative code. The six directives are listed in Figure 2. In the
following section, these objectives are presented and discussed in context with the
associated state and District policies.
Figure 2. Six major water supply planning directives derived from state law.


1. Prevent wasteful, uneconomical, impractical, or unreasonable uses of the
water resources.

2. Promote economic development of the water resources consistent with
other directives and uses.

3. Protect and enhance environmental resources while providing
appropriate levels of service for drainage, flood control, water storage,
and water supply.
4. Maximize levels of service for legal users, consistent with other
directives.
5. Preserve and enhance the quality of the state's ground and surface
waters.
6. Develop and maintain resource monitoring networks and applied
research programs (such as forecasting models) required to predict the
quantity of water available for reasonable-beneficial uses.



Section I of this document provides a general introductory discussion of the
District's water supply planning initiative. Section II presents the goals of the
program. Section III contains discussions of the six major policy directives and the
related policy statements found in the state statutes and administrative codes.
Section IV of this document reviews the historical evolution of Florida's water
resource laws, and discusses the legal foundation of the water supply goals, directives
and policies. Section V provides discussions of three regional water supply issues.
These discussions were prepared with the assistance of an outside Peer Review
Committee, which attempted to apply the policy statements from an earlier draft of
this document to important issues facing the region. These examples will help show
how the staff will use this document in addressing regional issues.
The combined impacts of rapid population growth and cyclical water shortage
conditions, among other factors, have helped focus public awareness on the
competitive nature of water use demands, and on the relationship between water
supplies and environmental values. This has also underscored the District's program
of encouraging local governments to undertake long-term water supply planning
efforts to identify future supply sources. A critical step required to implement the
water supply planning initiative will be to update the District's rules governing the
allocation of water supply.






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Major policy topics in water supply planning include: water
conservation/demand management; defining and protecting the legal rights of
existing users; protecting the environment, the quality of surface and ground waters;
and economic development of water resources.
Among the issues to be addressed by the water supply planning process are:
Reserving water supply allocations as necessary to protect natural systems
pursuant to Chapter 373.042, F.S., including establishment of minimum
flows and levels where applicable and appropriate.
Protecting biologically significant wetlands from drawdown-related stress.
Optimizing aquifer withdrawals of water suitable for conventional (lime
softening) potable water treatment.
Developing alternative sources and treatment technologies for demands in
excess of optimized allocation.
Reducing water shortage-related impacts on urban users by diversifying
supply sources. This would require the development of advanced treatment
of alternative supply sources, reuse of wastewater for irrigation and other
non-potable demands, and other sources that (under certain conditions)
may be less impacted by the District's water shortage restrictions.
Defining allowable impacts to aesthetic lakes and canals.

1. HISTORY AND PURPOSE OF WATER SUPPLY PLANNING INITIATIVE
The purpose of the District's water supply planning initiative is to ensure
prudent management of South Florida's water resources. This initiative will fulfill
the planning and implementation directives of the Florida Water Resource Act of
1972, Chapter 373, F.S., as amended. The directives exist both in the statutes and in
the related provisions of the state's administrative rules, Chapter 17-40, F.A.C.
Prior to the 1972 legislation, water supply planning in Southern Florida had
been performed primarily by the U.S. Army Corps of Engineers as part of the Central
and Southern Florida Project for Flood Control and Other Purposes. A 1968 Corps
water supply report recommended a series of alternatives to increase storage and
conveyance capacity, but did not address the broader issues of environmental
protection and water conservation. The recommendations were aimed at structural
modifications to the 1940s design of the C&SF Project works to provide increased
quantities of water. The 1972 Act clearly put the State and the District into a lead
role in water supply planning for South Florida, and gave broad policy directives to
govern the resulting planning and implementation activities.
In addition to giving the District broad powers to regulate water use, the 1972
act also mandated water conservation and environmental protection as part of
consumptive use policy. In a major shift away from the Corps' recommendations of
1968, state law now encouraged non-structural solutions.
The District in 1977 produced a comprehensive update of the Corps water
supply study, which resulted in the implementation of extensive demand
management and other water conservation tactics, and which strengthened the
District's regulatory program governing consumptive use permits. Some elements of
the plan have not been fully implemented. The need for additional planning and






DRAFT -- Water Supply Policy Document


implementation has been underscored by climatically induced water shortages, and
by the District's efforts to implement recent amendments to Chapter 373, F.S., such
as the Surface Water Improvement and Management (SWIM) Act of 1987. It has
become clear that current water demands are capable of stressing the regional
system during times of drought. The District's preliminary forecasts suggest
continued expansion of both urban and agricultural demands will reach levels that
exceed the capacities of the regional water supply system.
The District now is preparing to proceed with coordinated efforts to achieve
long-term, comprehensive water supply plans to govern utilization and protection of
South Florida's water resources. This document is critical because it will guide the
other components of the water supply planning initiative. This planning process will
necessitate examining existing laws and rules to determine if existing District policy
needs to be updated or modified. The policies must then be applied to specific
planning, regulatory and other related efforts of the District, including the public
education and local governmental assistance programs. Figure 1 shows how various
District Departments will be involved in the implementation of the water supply
planning initiative.

2. WATER SUPPLY PLANNING COMPONENTS
In addition to this policy document, there are three key elements needed to
meet the directives of Chapter 373, as amended over the past 18 years.
Develop Regional Water Supply Plans and, where appropriate, more localized
Water Supply Plans for one or more counties.
Prepare water supply elements for Surface Water Improvement and
Management (SWIM) plans.
Update the District's Basis of Review for Consumptive Use Permitting.
In addition, the District will proceed with other related programs that may be
necessary to carry out the District's water resource duties. Discussions of the three
key elements and two other important water resource programs are provided below.
A. Regional Water Supply Plans
The plans will be based upon data that is related to the specific needs, sources
and environmental features of individual planning areas, including subregional
plans where appropriate. The District's schedule calls for four regional plans,
including plans for the Lower East Coast, the Lower West Coast, the Upper East
Coast and the Kissimmee Basin. These four regional plans cover the entire South
Florida District. Additionally, three individual county plans will be developed
within the Lower East Coast for Dade, Broward and Palm Beach counties. The
analyses will include computer-enhanced projections of both water sources and
consumptive demands in priority basins. The area-specific information will be
evaluated in light of the goals and other directives set forth in this policy document.
From this evaluation, area-specific and action-specific goals and objectives for direct
implementation within that particular region of the District will be developed. The
goals and objectives of these plans must be in accord with the overall policy
framework established in this document. A multi-objective analysis will attempt to
ensure resolution of policy conflicts.






DRAFT -- Water Supply Policy Document


B. Water Supply Element of SWIM Plans
The integration of water supply planning and SWIM planning will be a critical
link between efforts to balance the water quantity and water quality requirements of
the wetlands, estuaries and other ecosystems, and to further balance these with the
maximum reasonable and beneficial use of the resource. The policies laid out here
must be coordinated with the goals, objectives and strategies of the appropriate
SWIM plans, including upstream supply sources and downstream receiving bodies.
Because water supply elements are key components of SWIM plans, the water supply
planning process takes into consideration the water quantity, environmental, and
other related goals of these plans. This will allow the water supply plans for specific
regions to be incorporated into SWIM plans with minimal conflict.

C. Basis of Review (BOR) for Consumptive Water Use Applications
Pursuant to this policy document, in combination with the development of new
regulatory criteria and water supply plans, the District's Basis of Review for
consumptive use applications will be amended and serve as an important tool to
implement the water supply planning initiative. The Basis of Review is the District's
formal rule governing the issuance of water use permits. Amendments will be
necessary to implement certain policy changes. Some of the areas to be proposed for
revision in 1991 will include:
Mandatory urban demand management, including Xeriscape criteria.
Agricultural demand management, including metering and monitoring
requirements and other limiting conditions, and an EAA water management
program.
Regionalization / utility interconnects.
Reuse of Reclaimed Water.

Additional areas that should be addressed in future revisions include:
Water quality limitations for consumptive use permits.
Environmental allocations, including minimum flows and levels for natural
systems.
Evaluation of cumulative impacts.
Modifications to supplement crop requirements.
Water use zoning.
Defining allowable impacts to aesthetic lakes and canals.
Restricted allocation areas.
Update saltwater intrusion criteria and contamination movement restrictions.
Special criteria for sinkhole-prone areas.
Wetland protection criteria and wetland mitigation.

D. Other related programs
In addition to these three key components, the District is also implementing
other water supply-related programs including:

Development of a Needs and Sources Document, which identifies the projected
demands and supply potential for specific regions over the next 20 years.


__







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* Development of a Critical Water Supply Area rule to allow for designation of
areas where special measures such as mandatory wastewater reuse may be
required to meet demands and protect water resources.







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II. WATER SUPPLY PLANNING GOAL

The goal of the District's Water Supply Planning initiative is to attain
maximum reasonable and beneficial use of water. This goal will be achieved by
balancing the six major water supply directives embodied in Florida law, and
implementing the related water use policies established by state law and
administrative rule, and by the District's Governing Board.

This goal is in compliance with water supply element of the state's overall goal
for management of water resources, as mandated by statute. The state's water
resource goal (Chapter 187, F.S.) reads:

"Florida shall assure the availability of an adequate supply of water
for all competing uses deemed reasonable and beneficial and shall
maintain the functions of natural systems and the overall present
level of surface and ground water quality. Florida shall improve
and restore the quality of waters not presently meeting water
quality standards."
A key concept in Florida law is "reasonable-beneficial use." The reasonable-
beneficial use doctrine, which is unique to Florida law, establishes the principle that
water resources belong to the people, and may be utilized only in accordance with
statutes and administrative rules of the state. The concept appears in both Chapters
187 and 373, F.S., and is defined in the statutes as:

"The use of water in such a quantity as is necessary for economic
and efficient utilization, for a purpose and in a manner which is
both reasonable and consistent with public interest."

An important aspect of the District's goal to maximize reasonable and
beneficial use of the available resources is to achieve the elements of the District's
mission statement. It is the intent of the District's water supply initiative, using
supply planning efforts and the basis of review rule modifications, to create an
integrated, coordinated program that provides wise management of the water
resources. Such a program will achieve the various water supply requirements and
goals of Chapters 187, 373 and 403, F.S. The intent of Chapter 373, F.S., was to
establish a framework to integrate land use and water resource planning.
The District is committed to improving the linkage between local government
land use decisions at the local level and water resource planning at the regional level.
Meeting the overall state water resource goal also will require integrating water
resource and SWIM planning. Additionally, some portions of South Florida will have
to diversify its water supply sources if the long-term water supply needs of the region
are to adequately met.
The District's intent in establishing water supply planning initiative is to
regulate the available water resources in a manner that protects the region's natural


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DRAFT -- Water Supply Policy Document


resources and serves the public interest. The region's water supply needs include
providing adequate supplies for:
Environmental protection, including seasonal fluctuations in water levels for
wetlands, and other requirements of natural systems.
Human consumption and other domestic uses.
Commercial and industrial purposes, including agriculture.
Recreation, aesthetic and other purposes.


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III. POLICY STATEMENTS

Numerous policy statements on water use are embodied in the state statutes
and administrative codes of Florida. The key provisions are found in Chapters 187,
373,and 403, F.S., and in Chapter 17-40, F.A.C. There are six key directives that
form the major categories of policies (See Figure 2).

This section attempts to organize and package the state's major policy
provisions in a way that can be easily followed and understood. However, it must be
remembered that any one category must be considered in light of the other five
groupings, and that conflicts between water supply policies and other water resource
policies will occur from time to time.

Water quality, environmental and flood protection policies may often act as
constraints on availability of water. It is the intent of the District's planning
initiative to optimize the allocation of available water while achieving the District's
goals for environmental protection and enhancement, ensuring water quality
standards are met, and providing adequate flood control to meet the needs of a
growing region.

It is important to remember that water use law is not static and that this
document will have to be updated from time to time to reflect amendments to the
cited chapters of law.

The grouping of policy statements and the accompanying discussions represent
an interpretation of the current laws. The state's policies strongly endorse
conservation of available supplies, diversification of potential supply sources,
protection and enhancement of water quality, and protection of environmental
resources. At the same time, the state and the District are sensitive to the
requirements of the region's human population, and the need to provide clean water
for drinking and other domestic uses.


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1. CONSERVATION / EFFICIENT USES
DIRECTIVE
Prevent wasteful, uneconomical, impractical, or unreasonable uses of the water
resources.
POLICIES
a. The District will require water conservation and efficient use of water
supplies.
b. The District will engage in planning to assist counties, municipalities,
regional water supply authorities, private utilities and others in meeting
water supply needs. The District will strongly encourage local governments to
give priority to implementing water conservation measures, reducing or
eliminating adverse environmental effects that may result from improper or
excessive withdrawal of water from concentrated areas, and diversifying
supply sources to reduce demand-related stress on natural systems.
c. The District will establish efficiency standards for routine urban demand
management and conservation practices and criteria for implementing the
same, including:
Xeriscape
Efficient plumbing in new construction.
Minimum water conservation plans for utilities.
d. The District will establish and implement high efficiency irrigation standards
and criteria for urban, industrial and agricultural uses.
e. The District will maintain an aggressive public information/education
program for conservation and demand management practices.
f. The District will identify areas of critical water supply concern, and develop
special criteria for efficient use of water resources in these areas.
g. The District will require utilization of the lowest quality of water appropriate
for the intended application or use.
i. The District will implement criteria for requiring the use of reverse
osmosis/desalination technology in designated areas of critical supply,
consistent with regional water supply plans.
ii. The District will require waste water reuse in designated areas of critical
water supply concern, consistent with state statutes and rules.
iii. The District will implement applied research projects to identify and
promote alternative methods of waste water treatment, disposal, and reuse
for the purpose of increasing the engineering, economic, and environmental
feasibility of water reclamation and reuse.
h. The District will encourage regional planning to develop solutions to water
supply problems. When appropriate, this will include the utilization of local
sources such as utility interconnects, regional water supply planning, regional


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DRAFT -- Water Supply Policy Document


wellfields, regional water authorities or other measures which diversify supply
sources without adding new demands on the regional supply system.


DISCUSSION
The Water Resources Act of 1972 formally designated the conservation of
water as a key policy of the state and mandated that state and regional water
resource agencies take steps to prohibit wasteful and unreasonable uses of the state's
water supply. For South Florida, the adoption of the act also thrust the District into a
lead role in water supply planning and regulation.
Water conservation is a high priority in District policy and DER rules, in
keeping with the statutory mandate. One of the key concept in any attempt to match
water supply and demand is to avoid wasting the available supply. Florida law
provides that wasteful uses are not protected (see Rights to Water below), which in
effect mandates conservation and demand management measures be taken to protect
the available resource from waste or abuse.
In order to maximize the reasonable and beneficial uses of water, the District
will develop and implement demand management criteria District-wide, and focus its
implementation on areas of critical water concern. These areas of critical concern
will be defined in the water supply plans, and special criteria for mandatory demand
management in these areas will be established considering the following issues:
Economics of implementation.
Existing and projected demands by source classification (potable versus non-
potable).
Availability of sources) for a specific level of service.
Implementation of the demand management program will be both passive
(public information) and active (retrofitting, permit requirements for irrigation
efficiencies, model landscape codes, etc). Development of the critical areas rules will
proceed simultaneously with this development of this document.
As part of its efforts to conserve freshwater resources in areas of high demand,
the District will continue to analyze and support the development of alternative
water sources such as desalinization, reverse osmosis and wastewater reuse. Also, as
noted below, the District will continue to investigate and support other supply
augmentation alternatives. The development of other supply sources, however, does
not lessen the requirements for conservation and efficient water uses. As discussed
below, inefficient or wasteful uses of water are not considered reasonable or
beneficial, as required by law for all legal uses.
A related concept found in Florida's water use policy is the use of the lowest
quality water available and appropriate for a specific use. This policy, for example,
encourages the replacement of high quality ground water with treated wastewater
for irrigation purposes if a feasible source is available. The effect of this policy is to
optimize the utilization of available resources by requiring diversification of sources.
The District is required by Chapter 17-40, F.A.C., to designate areas of critical water
supply concern. These areas have or will experience water supply problems in the


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next 20 years. Re-use will be required in such areas in accordance with District
criteria. During the past decade, the use of potable water for lawn and landscape
irrigation has drawn extensive attention, and has been the focus of numerous
conservation campaigns. These efforts have included water shortage awareness
campaigns and the Xeriscape (low-irrigation landscaping) programs. These types of
aggressive water conservation/efficient uses campaigns are supported by the policies
in this document.
The District will continue to work closely with local governments to encourage
programs to reduce demands, develop alternative supply sources, protect
environmental resources and otherwise carry out the policies contained in this
document.


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2. ECONOMIC DEVELOPMENT OF THE WATER RESOURCE
DIRECTIVE

Promote economic development of the water resources, consistent with other
directives.
POLICIES
a. The District will balance the public benefits derived from development of the
water resources with public's interest in other non-economic uses.
b. When granting water use rights between competing uses, the District will
consider the economic benefits derived from each competing use.
c. Demonstration of positive economic return is not required in allocating water
rights for designated essential non-withdrawal demands, such as reserving the
water supply required to provide minimum flows and levels for maintenance of
healthy natural systems.

DISCUSSION
One of the state's objectives in managing its water resources is to provide
opportunities for economic development of its resources when the development is in
the public interest and consistent with other directives and policies.
Water supply is vital for a wide range of public benefits including those which
have positive economic impacts on the region and those who have no direct or obvious
economic return. For example, water resources provide valuable services to the
region in their natural state including aquifer recharge, surface water storage,
maintenance of natural systems. The water resources also can be developed to
provide valuable services for human activities, including water for drinking and
other domestic purposes, and a wide range of other uses including: industrial and
commercial processes; irrigation of landscaping and crops; and recreational purposes.
The development of the resource for these other purposes cannot be inconsistent with
the needs of the natural system.
The extent to which the opportunities to develop the water resource will be
considered "economic" and "consistent with other uses" will hinge on how two
conditions are met. First, the public and private economic benefits of the water
resources development should exceed the public and private economic costs. Second,
to be considered "consistent," developed uses should not significantly impact natural
systems or other "non-economic" values. In processing water use permits, the
District will review these issues on a case by case basis. Diversification of supply
sources is one tactic to avoid or reduce such conflicts. It is the District's goal to
develop cooperative planning programs to help the region's water users to diversify
the base supply sources.
In many cases there is an opportunity for private development of the water
resource without impacts on other users or the natural system. In such cases, the
District will provide regulatory criteria and administrative framework that
facilitates the economic development of the resource for reasonable-beneficial uses.
In cases where the potential levels of impact may be an issue, the District will provide


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regulatory criteria and an administrative framework to assure that any impacts on
other users or on environmental values are prevented or mitigated (if allowable) to
the District's satisfaction.
When local governments pursue opportunities for developing the resource
consistent with the above conditions, the District will assist these governments
through planning, regulation and, when appropriate, financial or other support
needed for successful implementation. The District especially will support and
encourage local government plans to implement programs to conserve water and to
diversify supply sources, reducing dependence on the regional system. Additionally,
when water resource development by the District is appropriate, the District will
endeavor to assure that the general public benefits from the opportunities. District
construction and operation programs may be used as a major tool to implement action
items recommended by specific regional water use plans.

Maximum economic development of the water resources consistent with other
reasonable and beneficial uses is interpreted as a balance of the state's water
resource policy directives. The requirement that development be consistent with
other uses is intended to recognize the role of essential non-withdrawal demands.
The term essential non-withdrawal demand is defined in the statutes as the water
required to maintain minimum flows and levels for protecting estuaries, wetlands
and other ecosystems, navigation, and fish and wildlife resources. The reservation of
water supply for such environmental purposes does not require a demonstration of
economic benefits.


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3. ENVIRONMENTAL PROTECTION, FLOOD CONTROL AND WATER
STORAGE
DIRECTIVE

Protect and enhance environmental resources while providing appropriate
levels of service for drainage, flood control, water storage, and water supply.
POLICIES
a. As a part of the regional water supply planning process, the District will
develop water supply criteria to protect and enhance the environment,
including but not limited to:
i. The District will determine environmental water supply needs in terms
of stage, duration, timing and distribution of water for surface systems,
and in terms of minimum levels for groundwater systems.
ii. The District will establish minimum flows and levels for natural surface
and ground water systems. The implementation of these criteria will
result in reserving from allocation that supply required to maintain
healthy natural systems.
iii. The District will establish criteria defining the allowable impacts of
water level drawdowns on natural systems, consistent with the
minimum flows and levels required maintain healthy environmental
systems.
iv. The District will consider erosion, structural damage to water control
structures, navigation and protection of fish and wildlife habitat in
establishing minimum flows and levels.
b. The District will optimize surface water management control elevations in
stormwater management systems to meet flood control standards, conserve
water supply and protect natural systems.
c. The District will allow drawdowns of water levels in man-made lakes by other
legal users, except in cases where permit conditions requiring mitigation
would be violated.
d. The District will promote development of water storage technologies and
enhanced storage capacity such as above ground storage and Aquifer Storage
and Recovery (ASR). The District will seek to achieve multiple objectives,
where appropriate, in the development of these supply alternatives.
e. The District will perform technical studies and provide other assistance to
governmental entities seeking to enhance storage capacity and treatment of
stormwater currently lost to tidewater.
f. The District will encourage implementation of public and private
non-structural solutions to water resource problems, including protection of
recharge zones and modifications to regulation schedules for canals, lakes and
other water bodies.


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DISCUSSION
The District has long recognized that sound water management requires an
understanding of the interrelationship between the natural environment and man's
efforts to utilize the land and water for human activity. The District has identified
environmental protection and enhancement, water supply, flood protection and water
quality protection as the key elements of its mission. Balancing the inherent
conflicts between these elements is the critical challenge of modern water resource
management.
Drainage and flood control projects designed to protect urban and agricultural
lands can have significant adverse impacts on the availability of water for use in
subsequent dry seasons. Conversely, if water supply and storage are considered to
the exclusion of other factors, then the likelihood of floods in wet seasons may be
greatly increased. In addition, the natural environment provides benefits in terms of
attenuating floods, providing water storage and maintaining and enhancing water
quality in an essentially passive manner, which in many instances costs less than
could be achieved in an engineered environment. However, maximizing water
withdrawals, or storage (including drainage discharges) without concern for the
maintenance of the natural system can result in significant damages to the natural
system. It is apparent that management of any one element without consideration of
other factors can result in adverse impacts on the remaining purposes.
The District's policies seek to attain a balance between the competing interests
of environmental protection, flood control, drainage, water storage, and water supply
in a manner which capitalizes upon the natural benefits of the environment and
optimizes each variable in conjunction with the others. In relation to these policies,
the District recognizes the state policies which establish priority protection of the
water supply required to maintain and enhance healthy natural systems. The
Governing Board is authorized to establish priority protection for the water supply
for natural systems by reserving water from the supply available for allocation.
Specifically, the Board is required to establish minimum flows and levels for both
surface and ground water systems, or otherwise reserve water from allocation as may
be required for the protection of fish, wildlife and water resources. (373.042 and
373.223, F.S.) This complex process will result in the development of criteria for
defining healthy natural systems. The determination of environmental water supply
needs, as outlined in the District's Strategic Plan, will require applied research and
long-term monitoring. The minimum environmental water supply requirements and
other resource reservations will be identified in the regional water supply and SWIM
planning processes. Recommendations on mechanisms to implement these
reservations will be developed through the same processes. The District, in these
processes, will seek to balance the reasonable-beneficial uses for human needs with
the reasonable-beneficial needs of the environment.
Additionally, water supply plans will provide the necessary information to
evaluate the amount of water which can be applied to reasonable-beneficial uses, and
to determine the probability of water shortages and define different levels of service.
This will be done through a relationship which balances demand versus supply to
define an acceptable level of service. The planning effort will analyze potential
strategies to augment available supplies, including the development of alternative
supplies, for the purpose of diversifying supply sources and providing an acceptable
level of service. The determination of an acceptable level of service will be an
important part of the water supply planning process. An objective of the regional
water supply plans is to maximize the level of service in each region to facilitate the


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assurance of water supply (physical certainty) during climatic variations for all
reasonable-beneficial uses.

Among the augmentation strategies that shall be investigated in the planning
initiative are the development of water storage technologies, which may include such
facilities as above-ground storage and Aquifer Storage and Recovery (ASR). The
District will participate in funding of, and provide technical assistance for, feasibility
studies of these technologies, and may participate in funding. The District shall give
consideration to the role of these technologies, particularly ASR, in the consumptive
use permitting process. Expansion of systems to store and treat stormwater that now
is lost to tide is one alternative source for investigation in coastal areas. However, as
directed by state law, the District also will encourage implementation of public and
private non-structural solutions to water resource problems.


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4. RIGHTS TO WATER USE
DIRECTIVE
Maximize level of service for legal water users, consistent with other
directives.
POLICIES
a. The District will designate surface and ground water bodies where specific,
limited water sources are reserved for priority uses in potentially competitive
situations.

b. In allocating the resource, the District will give consideration to presently
exercised legal uses through establishing and implementing levels of certainty
(legal, physical and tenure certainty). This means the District will attempt to
define the certainty with which a legal user can expect a permitted allocation
to be protected from interference by other legal users, or from reduction by
climatic events or other water shortages, for the duration of the permitted
allocation.
i. The District will define levels of physical certainty (risk of drought or water
shortage) for use in resource allocation. This may result in modifications to
permit considerations such as supplemental crop irrigation requirements
(volume) or return frequency of droughts.
ii. The District will maximize permit duration (tenure) based upon evaluation
of long-term potential resource impacts, predictability of impacts and
demand, and type of water use.
iii. Inefficient withdrawal methods of presently existing legal users will not be
protected upon permit expiration. The District will require these
inefficient facilities to be upgraded.
c. The District will prevent water quality impacts to presently existing legal
users entitled to consideration where such impacts cause violation of the
primary drinking water standards, except color and turbidity.
d. The District will prohibit practices which result in aquifer compaction and
aquifer de-watering to preserve productivity and quality of water supply.
e. The District will establish areas where the supply source for private domestic
irrigation supply will be regulated.
DISCUSSION
This discussion is focused on the issues surrounding the policy questions of
water use permitting, including permitting requirements and competition among
permittees. A longer explanation of the historical and legal backdrop of Florida
water rights law is included in Section IV of this report. Selected sections of state
statutes and administrative rules related to water supply policies are included in the
appendices.


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The adoption of the Water Resources Act of 1972 (Chapter 373, F.S.) provided
the framework for the water use regulatory programs operated by the water
management districts. The implementation of this act has resulted in a unique,
flexible system of water rights allocations. Under the 1972 Act, all uses except for a
few limited domestic situations are subject to regulation by the water management
districts. No permanent allocations are allowed.

Permitted uses are subject to periodic reexamination to determine if the use is
still reasonable-beneficial, and consistent with other water use permitting
requirements. Intensive development of water resources in south Florida has led to
increased competition for water allocations. The reoccurring incidents of water
shortages resulting from climatic conditions has raised additional concerns about the
level of physical certainty offered by the District's water supply programs. The
District's regulatory program seeks to maximize the levels of certainty for existing
legally authorized users. There are three fundamental levels of certainty at issue in
water use: legal, physical and tenure.

"Legal certainty" gives protection against the unlawful acts of other,
subsequent users. "Physical certainty" attempts to assure availability of allocated
supply, and establishes priorities for modified water use allocations during times
when available supplies are insufficient to meet all allocated demands. "Tenure
certainty" protects a use from interference resulting from the lawful acts of others for
the duration of the permit or right.

Florida law requires all water use permit applications be subjected to a three-
part test articulated in Section 373.223, F.S., which is the backbone of Florida's water
allocation system. The statutory test, in part, provides:

To obtain a permit pursuant to the provisions of this chapter, the applicant
must establish that the proposed use of water:
(a) Is a reasonable-beneficial use as defined in s. 373.019(4);
(b) Will not interfere with any presently existing legal use of water; and
(c) Is consistent with the public interest.
Permit requirements
Reasonable and Beneficial Use. The term "reasonable-beneficial" is intended
protect water users from each other and guard the general public from undesirable
uses of water. The reasonable use limitation considers water uses in relation to other
users of the resource, while the beneficial concept prevents wasteful or excessive uses
of water relative to a user's actual supply needs. Flexibility is inherent in the
resulting regulatory system because periodic permit expiration and renewal is
required, allowing for reevaluation of permitted uses in the light of changing
hydrologic, technological, social and environmental conditions.
It is the concept of "reasonable-beneficial use" that provides the primary basis
for requiring maximum efficient uses of water, including high efficiency irrigation
systems and urban demand management and other water conservation programs.
Additionally, this concept lends support to other provisions, such as, for example, the
designation of critical areas, and minimizing wasteful uses of water, requiring use of
the lowest quality water for the intended purpose, and reserving from allocation a
sufficient quantity of water to meet the needs of healthy natural systems The
policies contained in this document, supported by statutes and rules, advocate these
measures.


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Existing rights protected. Florida law does not allow the authorization of water
rights in perpetuity, but it does recognize the necessity to protect certain rights in
existing legal uses during the permitted tenure. Legal users consist of permitted
users, exempt users and those operating pursuant to a permit agreement. Unless a
legal use is abandoned, forfeited or determined to be otherwise contrary to the public
interest, legally existing users are entitled to consideration when proposed users seek
rights to water during the tenure of the existing permit or right. Consideration will
be given as long as the use legally exists and is consistent with the overall objectives
of the District and the State. The protection of a users' right to water, however, must
not be confused with protection of facilities or methods of withdrawal. Inefficient
withdrawal facilities are not protected and will be impacted. For example, the
District may require owners of inefficient facilities to modify or replace their systems
to ensure the systems are capable of withdrawing water from the minimum levels
recommended by the regional or subregional water supply plans.
The Water Resources Act-instituted an administrative system by making all
water uses in the state subject to regulation, except for a narrowly defined class of
exemptions related to domestic users. After a two-year grandfathering period, any
use which existed prior to the Water Resources Act and which was not by law
exempted or permitted was considered abandoned and given the same legal status as
a proposed use. Thus, only permitted and exempt rights to water use are recognized
and protected as "presently existing legal uses of water."
The policies of the state and the District indicate both quantity and quality are
included in this consideration. A use may not be diminished in size or quality to the
point that a violation of the primary drinking water standards is caused, except color
and turbidity.
Additionally, the resource itself is considered a legally existing user of water
entitled to protection. Specifically, the statutes require the Governing Board to
reserve from allocation such water necessary to maintain an ecosystem, protect fish
and wildlife habitat, or the public's health and safety. This provision serves to
provide a margin of safety for the resource during periods of low water flow.
Public Interest. The third part of the test for water use permits requires
proposed uses be consistent with the public interest. This broad test envisions
protection of public health and safety, water quality, the natural resources, fish and
wildlife as necessary for the general welfare and interests of the state. The concept is
based in the Public Trust Doctrine and provides that the state is acting as a "trustee."
In this position, the state is charged with managing a valuable public property for the
purpose of maintaining the continued viability of the resource and for the purpose of
ensuring that the use of the public resource will accrue benefits in the interest of the
public at large.
To ensure that a proposed use is in the public interest, it is necessary to
determine that the use will not conflict with the statutorily and administratively
established considerations (such as protecting fish and wildlife), and will not conflict
with state or District water supply policies or plans. Water uses should be in
conformance with this policy document. When regional and subregional water
supply plans are put into effect, permitted uses will have to comply with the public
interest provisions of those documents as well.


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Other Related Subjects.
Four other key topics also should be considered in regard to water use rights.
These topics include tenure, domestic irrigation in areas of critical concern,
competition for water supplies and water shortages.
Tenure. Rather than protecting existing users in perpetuity, Florida law
authorizes issuance of water use permits for a duration of up to twenty years for all
uses except governmental uses. For governmental uses, the law authorizes permits
for up to fifty years. District policy limits consumptive use permits to a maximum of
10 years. The permit duration gives the permitted user a degree of certainty that he
will have a right to a specific amount of water for the established time. This allows
for capitalization of investments. The policies of this document recognize that it is
desirable to maximize permit duration to the degree that as the District can safely
protect the public's interest in responding to changing conditions. However, that
does not imply that the District will alter its policy limiting permits to 10 years.
Domestic Irrigation. Current District rules exempt domestic uses (statutory
exemption in 373.219, F.S.) as well as other uses such as home lawn irrigation. In
some parts of the District, home lawn irrigation may be damaging to the resource.
The policies contained in this document recommend restricting the scope of the
exemption so that domestic irrigation supplies will be regulated in specified areas of
concern. This will help protect the resource in sensitive areas by requiring permit
applications and review. Areas of critical concern will be identified in the water
supply plans, and special requirements to protect these areas will be developed and
implemented in the proposed critical concern rule.

Competition for Water Rights. Criteria for resolving competition between
applicants are articulated in section 373.233, F.S. The statute provides that:
"(1) If two or more applications which otherwise comply with the
provisions of this part are pending for a quantity of water which is
inadequate for both or all, or which for any other reason are in
conflict, the governing board... shall have the right to approve or
modify the application which best serves the public interest.
(2) In the event that two or more competing applications qualify
equally under the provisions of subsection (1), the governing board.
shall give preference to a renewal application over an initial
application."
There are several points in this statute which can work to resolve a
competition situation. The policies contained in this document provide-a framework
to minimize competition scenarios through improved and integrated planning,
optimized resource allocation, diversification of supply sources, and safeguarding the
public interest.
Water Shortages. All legally existing water allocations are subject to
temporary modifications during droughts or other water shortages. Section 373.246,
F.S., indicates, in part, a water shortage may be declared:

". .for a source or sources within all or part of the district when
insufficient water is or will be available to meet the present and
anticipated requirements of the users or when conditions are such


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as to require temporary reduction in total use within the area to
protect water resources from serious harm."
The statute required the District to develop and adopt plans to be implemented
during water shortages. Water users generally are assured the full allocation of their
authorized use, except in shortages when all users could ultimately share in the use
reductions. The purpose is to protect the resource from harm, assure equitable
distribution of available water among all users, and minimize adverse impacts to the
economy, the environment, society and the public health. Additionally, the water
shortage implementing rules or plans provide advance knowledge of the means and
priorities by which the District will apportion available water during a shortage and
promote greater security for all water use permittees. This allows users to plan for
shortages with knowledge of their relative priority. Water shortage events are also
closely tied to permit allocations which are, sometimes, based in drought frequencies.
The implementation of these policies, including the development of regional water
use plans, will require revision of criteria for allocation of the resource.


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5. WATER QUALITY
DIRECTIVE
Preserve and enhance the quality of the state's ground and surface waters.
POLICIES
a. The District will designate specific surface water bodies for preservation and
enhancement through the SWIM planning process.
b. When necessary, the District will recommend additional water quality limits
be established for aquifers and surface water bodies consistent with designated
uses of the water bodies for consideration in permit evaluations.
c. The District shall implement programs to achieve water quality goals as part
of the effort to attain the maximum reasonable-beneficial use, including
objectives to enhance and protect the environment.
d. The District will adopt and implement criteria to prevent the movement of
contaminants (including saltwater) in surface and ground water systems
during withdrawal of source water and discharge of "used" water.
e. The District will manage water withdrawals to minimize salt water intrusion,
upcoming of saline water. (Intrusion implies inland movement of sea water,
while upcoming is the vertical movement of saline water trapped within or
below the aquifer.)
f. The District will encourage linkage of the ground and surface water body
quality and quantity limits with local government land use decisions.

DISCUSSION
The District strongly supports the statewide goal of protecting and enhancing
the water quality of the state, and will continue to work with the DER, local
governments and other agencies to achieve the state's water quality objectives. The
District maintains extensive water quality monitoring networks to safeguard public
waters by detecting water quality problems. The District and DER have
complimentary regulatory programs which seek to minimize duplication while
targeting specific responsibilities of the two agencies.
Generally, water quality standards in Florida are developed by DER and
adopted by the Environmental Regulatory Commission. DER is charged with
enforcing the standards, although it may delegate some of its authority to the District
or other governmental units. Other regulatory authority, such as the land use/zoning
powers of local government, directly impact water quality, and the District has
established a program to address water resource concerns related to land use and
other comprehensive plan issues.
The permitting programs of the District and the DER achieve their joint goal
through different mechanisms. The DER's statutory authority and regulatory
program for protection of the state's water quality concerns discharges into the
waters of the state. This program is distinguished from the District's regulatory


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water use program which addresses itself to withdrawals from surface and ground
water sources. The District program protects the quality of the state's water
resources, primarily from a movement of constituents standpoint, but decisions in
this program can cause discharge of pollutants into the water resources through the
transport of pollutants in "used" water.
The District's consumptive use permitting program regulates quality issues
associated with water withdrawals by evaluating the potential for a withdrawal to
cause the following impacts:
a. Saltwater intrusion;
b. Upconing of saline water;
c. Movement of other (non-salt) pollutant sources;
d. Spread of contamination from a point or non-point source through
expansion of a cone of depression;
e. Changes in the hydroperiod and impacts in the natural treatment capacity;
and
f. Interaquifer exchange associated with well construction.

The District also requires well plugging pursuant to Chapter 373.207, F.S., to
prevent the movement of saline water into freshwater aquifers.
The District uses DER's water quality standards and water body
classifications to determine the water quality status of aquifer and surface waters.
The District will recommend to DER new standards (including site-specific
alternative criteria) or classifications as necessary to protect the water resources of
the state.

In the development of SWIM Plans, water supply plans for specific geographic
subregions, and other planning documents, the District may identify areas and water
bodies for which additional protection is necessary. The development of such water
quality guidelines or caps will be done in coordination with DER. The District will
continue to develop or support initiatives such as the wellfield protection programs to
assist local governments in linking water quality with land use decisions. The
District's SWIM process will identify, recommend and implement solutions for water
quality problems within.specific priority water bodies.
a. Ground Water
The District may allow movement of lower quality water into a higher quality
aquifer to occur only in limited, defined circumstances when the use is necessary for
maximum reasonable-beneficial use and is consistent with the DER ground water
classification. To achieve water quality protection and enhancement in these
situations, it is recommended that the regional water supply plans will establish
boundaries and recommend water quality-caps beyond which a use may not degrade
an aquifer, as consistent with state water quality standards.
As a corollary, the District's regional water supply plans may establish areas
of water quality which, on a local or regional level, may have already exceeded the
recommended limits. In these instances, the District may apply regulatory means of
enhancing water quality, to the extent possible, to meet the specified water quality
requirements of the defined area. However, District caps will not allow degradation
of a source to a point which exceeds the DER classification for the water body. The


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District will encourage linkage of the proposed ground water boundaries and caps
with local government land use decisions similar to wellfield protection ordinances
with the intent that local governments will make land use decisions based on
potential aquifer development as consistent with the water quality protection and
enhancement goal.
b. Surface Water

As as function of updating the District's Basis of Review, two surface water
issues should be addressed. These issues are related to the protection and
enhancement of the quality of water resulting from withdrawals from a surface water
source and discharges of withdrawn water to surface water bodies.

Two surface water classification systems shall be proposed for the District's
regulatory system:

(1). Non-degradable surface water bodies. The District will follow the
guidance in the DER's rules concerning anti-degradation.
(2). All other surface water bodies would be subject to use restrictions
applicable to ground waters. Thus, no withdrawal from a surface water
source may occur which causes water quality degradation beyond those
limits established for the water body. A balancing of water quality
concerns and reasonable-beneficial uses will result in water quality
degradation occurring in these limited, defined circumstances.


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6. WATER AVAILABILITY, MONITORING AND FORECASTING
DIRECTIVE
Develop and maintain resource monitoring networks and applied research
programs (such as forecasting models) required to predict the quantity of water
available for reasonable and beneficial uses.

POLICIES
a. The District will maintain a data collection, resource monitoring, forecasting
and applied research program to facilitate prudent management of the water
resource.
b. The District will improve existing monitoring programs for water resources by
ensuring appropriate:
i. Collection and analysis of surface water flow and water quality data;
ii. Establishment and maintenance of a ground water quality monitoring
network designed to detect or predict contamination of ground water
resources, and collection of ground water level data to monitor resource
availability;
iii. Development of a water demand monitoring program, including permit
requirements for metering of withdrawals of agricultural, industrial and
urban users, when appropriate; and
iv. Development and maintenance of data bases for easy access to the data and
provision of the information to other agencies and local governments.
c. The District will prepare coordinated and standardized forecasts of future
water demands, withdrawal impacts, and future water levels by:
i. Developing water demand projection methodologies for different use types,
including agricultural, urban, and industrial water demands;
ii. Utilizing statistical forecasting methods to evaluate ground and surface
water resources, and to aid in the water shortage management process; and
iii. Utilizing numerical ground water flow and surface water seasonal water
balance models for prediction of future water resource availability under
varying climatic and demand conditions.

DISCUSSION
In order to prudently manage the water resources, the District must be in a
position to recognize trends in surface and ground water quality and availability.
The District must monitor and evaluate water demands in relation to the availability
of supply. As part of Chapter 17-40, F.A C., the District is required to perform a
"Needs and Sources" study which projects water demands for the next 20 years and
evaluates water supply potential to meet those demands. The establishment and






DRAFT -- Water Supply Policy Document


maintenance of resource monitoring networks is a necessary starting point to
maximize the reasonable-beneficial use of these resources.
A well maintained data base will enable the District to prepare forecasts of
resource conditions under varying climatic and demand scenarios. Forecasting
activities become particularly important in the management of water shortages. The
production of legally and technically defensible resource management plans will rely
heavily on a documented source of baseline water resource information. This
information will include, but not be limited to: water levels, water quality, flows,
rainfall amounts, evapotranspiration measurements, aquifer characteristics and
other hydrologic data. Additionally, the District will collect data by which to
measure the health of natural systems, such as estuaries and marshes, as part of a
program to determine environmental water supply needs.

Long-term, water resource-related data will also be needed to perform
engineering and economic feasibility of various supply augmentation alternatives,
and to verify and refine the original forecasts for future analyses. Additionally, the
District must maintain state-of-the-art forecasting tools including surface and
ground water models which can accurately reflect the impacts of projected scenarios
on future resources.
These tools will be used to develop regional and local water supply plans,
including optimization of available water resources on a long-term sustainable basis,
allowing the District to recommend, where necessary, the relocation, reconfiguration,
expansion or other changes to existing and proposed public water supply wellfields.
These tools will also help identify and document those areas of critical concern where
more stringent requirements for demand management and resource protection may
be implemented.


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IV. HISTORY OF FLORIDA WATER LAW AND POLICY

1. INTRODUCTION
A. General
The statutory water allocation system which exists in Florida today has its
origin in the common law of the eastern and western United States. The current
Florida system blends these concepts to yield a permit system which establishes
water rights but assures a measure of flexibility to reexamine uses. In allocating the
resource, the District considers presently exercised legal uses through establishing
and implementing levels of certainty. There are three fundamental levels of
certainty at issue in water use: legal, physical and tenure certainty. Each of these
certainty issues deals with impacts on the right to use water.

B. The Western Common Law System of Water Allocation
The concept of considering the impact of a proposed water use on presently
existing legal uses of water originated in the western United States water law.
Water was vital to gold mining operations, so the right to water use was fiercely
protected. The miners developed a "first in time, first in right" doctrine to easily
resolve water disputes and provide maximum certainty to senior water users. Only
through abandonment or forfeiture could a water user lose seniority. 1 This
philosophy survives today and is a part of section 373.223, F.S.
One of the primary virtues of the prior appropriation doctrine is that it
provides maximum certainty for water users in the three stated areas: (1) legal
certainty, (2) physical certainty and (3) tenure certainty. Legal certainty gives
protection against the unlawful acts of other, subsequent users. The holder of a
previously appropriated water right is easily determined and protected. This simple
legal determination differs from other common law schemes (e.g. the riparian system
of the eastern United States) where water users had to resort to ad hoc judicial
decisions to determine their right to use water. Further, as to physicaTcertainty, the
impact of climatic uncertainties are reduced for senior appropriators who, during
such events, have the first right to whatever water exists. Of course, junior water
users could have their use completely cut off during such events. Tenure certainty
also protects a use from interference from the lawful acts of others for the duration of
the use. Accordingly, the appropriated right is defined in terms of the amount of
water used, its priority in time and the place of diversion. Senior water users are
protected against junior water users and junior users are protected against unallowed
increased in use by senior users. 2
A major disadvantage of the prior appropriation system is that it tends to
"lock-up" a certain amount of water, which may be an excessive amount, for a given
parcel. Also, previously appropriated rights are granted forever, unless abandoned or
forfeited. This inflexibility prevents new, and perhaps more efficient and desirable,
water users from entering the water system, particularly if all water rights are
appropriated. Additionally, the prior appropriation system deals with allocation of
water in times of shortage in an ineffective manner. 3


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C. The Eastern System
The common law in the Eastern United States, including Florida, developed
the riparian method of water allocation. According to this theory, the right to use
surface water was limited to landowners whose property abutted a water course.
Such owners were entitled to receive the same quantity and quality of water as came
through the stream without alteration. A later refinement recognized a limitation on
riparian land owner uses and provided that riparian owners could make reasonable
uses of water as limited by reasonable uses or needs of other users. Of course, the
reasonableness of a use will change over time, allowing for changing social values
and technological advances. 4 Under the riparian system, all uses of water, after the
priority uses of the natural systems and domestic uses, were equally entitled to the
resource, with the one limitation being the reasonable uses of others. Underground
streams were similarly treated.

D. The Model Water Code
After a severe drought in the early 1970's, a model code was presented which
soon became the foundation of today's Water Resource Act, Chapter 373, F.S. The
Florida system of water allocation blends the best aspects of eastern and western
water law into a permitting system that balances the certainty provisions of the prior
appropriation system with the need for uses to be flexible in light of changing times
by providing for periodic permit expiration. 5 Additionally, the beneficial use concept
was woven into the system to capture the efficient water use aspects of western water
law. 6 A public interest factor was added to consider the common good in water
allocation decisions.

2. THE FLORIDA WATER RESOURCES ACT, CHAPTER 373, F.S.

A. Common Law Abolished
The Florida Water Resources Act largely adopts the concepts first articulated
in the Model Water Code. This unique and expansive Act completely abolished the
previously existing common law system of water allocation. 7 The statutory scheme
completely substituted the common law method of water allocation with the
administrative system by making all water uses in the state subject to regulation,
unless within the narrowly defined class of exemptions which concerns domestic
users. 8 The Florida Supreme Court further noted that Chapter 373, F.S., controls
the use of water and replaces the ad hoc judicial determination of water rights with
the permitting system of the water management districts. Making the transition to
the administrative system of water allocation complete, the Supreme Court noted
that under this system, landowners do NOT have a constitutionally protected
property right in water. 9
The transition from the common law system to the new administrative,
permitting system was accomplished through a two year grandfathering period
which was tolled by a district s implementation of a consumptive use permitting
program and allowed existing uses a first opportunity to perfect their rights under
the new statutory scheme. 10 In this manner, fear of unconstitutionally taking
property interests (the right to use water under the previously existing riparian
system) was averted. 11 Any use which existed prior to Chapter 373, F.S., and which


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is not now exempt or permitted is considered abandoned and simply has the legal
status of a proposed use. 12 Thus, only permitted and exempt rights to water use are
recognized and protected as "presently existing legal uses of water."

B. Conditions of Permit Issuance
Today, with the transition to the regulatory system of water allocation
complete, all uses subject to permitting are evaluated under the test articulated in
section 373.223, F.S. This test is the backbone of Florida's water allocation system
which provides guidelines for water allocation. Implementing rules adopted by the
water management districts and the Florida Department of Environmental
Regulation provide more specific performance standards as benchmarks for
determining whether the statutory criteria are satisfied. 13 This document and
future, additional rules to implement the policies will be additional sources of
guidance and standards. The test stated in 373.223, F.S., provides, in part:

(1) To obtain a permit pursuant to the provisions of this chapter, the
applicant must establish that the proposed use of water: (a) Is a
reasonable-beneficial use as defined in s. 373.019(4); (b) Will not
interfere with any presently existing legal use of water; and (c) Is
consistent with the public interest.
The term "reasonable-beneficial" is a term of art developed by the authors of
the Model Water Code. The statute defines the term as "the use of water in such
quantity as is necessary for the economic and efficient utilization for a purpose and in
a manner which is both reasonable and consistent with the public interest." 14 The
term is designed to combine eastern and western law and to protect water users from
each other and guard the general public from wasteful uses of water. The reasonable
use limitation of the East considers water uses in light of other users of the resource
while the beneficial concept of the West prevents waste or excessive uses of water in
light of a users actual requirements with no consideration of other users. Flexibility
is inherent in the term as conditions hydrologicc, technological, social and
environmental) change. 15 This document, District rules as well as the State Water
Policy (Chapter 17-40, F.A.C.) explain standards for determination of
reasonable-beneficial uses in more detail. It is the term "reasonable-beneficial use"
that provides the primary basis for requiring maximum efficient uses of water,
including high efficiency irrigation systems and urban demand management and
conservation. Additional provisions support the designation of areas for high
efficiency uses. 16 Another aspect of minimizing wasteful uses of water (originating
from the "beneficial" concept of "reasonable-beneficial") is requiring use of the lowest
quality water for the intended purpose. The policies contained in this document, as
supported by the cited statutes and rules, advocate this measure.
The second prong of the test concerning protection of presently existing legal
users of water adopts a modified concept of the prior appropriation system of
allocation. Legal users consist of permitted users, exempt users and those operating
pursuant to a permit agreement. Legally existing users are entitled to consideration
when proposed users seek rights to water for the duration of their permit or right,
unless the use is abandoned, forfeited or otherwise contrary to the public interest.
(i.e. Consideration will be given as long as the use legally exists and is consistent
with the overall objectives of the District.) The policies of this document indicate the
type of protection at issue includes both quantity and quality aspects. A use may not


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be diminished in size or quality to the point that a violation of the primary drinking
water standards is caused, except color and turbidity. The protection of a users' right
to water must not be confused with protection of facilities or methods of withdrawals.
Consequently, inefficient uses will not be protected although the right to the use is.
Stated differently, inefficient withdrawal facilities may be impacted.

Additionally, the resource itself is considered a legally existing user of water
entitled to protection. 17 Specifically, this section, among others, authorizes the
Governing Board to reserve from use such water necessary to protect fish and wildlife
or the public's health and safety. This provision serves to provide a margin of safety
for the resource during periods of low water flow. 18

The test also requires uses be consistent with the public interest. This factor
envisions further protection of the natural resources, fish and wildlife. Numerous
other matters in the public interest are found in the policies of this document,
Chapter 373, F.S, and Chapter 17-40, F.A.C.

Current District rules exempt domestic uses (the statutory exemption in
s.373.219, F.S.) as well as other uses such as home lawn irrigation. In some parts of
the District, home lawn irrigation may be damaging to the resource. The policies
contained in this document suggest restricting the scope of the exemption so that
domestic irrigation supplies will be regulated in specified areas. This will protect the
resource in sensitive areas by requiring permit applications and review.

C. Permit Duration

As mentioned, the second prong of the section 373.223, F.S., test indicates
consideration of presently exercised domestic use and permit rights is an equal part
of the three prong test for issuance of a water use permit. Impacts of proposed uses on
previously existing, legal users are considered for the duration of their permit or, if
exempt, the use. (Consideration of a users' right does not, however, extend to
protection of inefficient withdrawal facilities.) Through this provision, Florida has
adopted some features of the prior appropriation system. Rather than protecting
existing users in perpetuity, section 373.236, F.S., authorizes issuance of water use
permits for a duration of up to twenty years for all uses except governmental uses
where as much as a fifty year period is authorized. The permit duration gives the
permitted user certainty that he will have a right to a specific amount of water for the
established time. This allows for capitalization of investments. Built in flexibility (a
feature of the riparian water allocation system) exists as the language allows for
permits of a shorter duration to be issued depending on the type of water use and/or
source of supply. This method allows for changes in social values, technology,
available supply and the demands of others to be evaluated on a recurring basis.
Upon permit expiration, the District may alter or deny the previous permit
authorization. 19 The type of water use and long-term potential resource impacts are
crucial factors in determining appropriate permit duration. The policies of this
document advocate maximizing permit duration in light of the above.

D. Competition for Water Rights

Since Florida's system is not a prior appropriation system, criteria for
resolving competition between applicants are articulated in section 373.233, F.S.


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The statute provides that:

(1) If two or more applications which otherwise comply with the
provisions of this part are pending for a quantity of water which is
inadequate for both or all, or which for any other reason are in conflict,
the governing board... shall have the right to approve or modify the
application which best serves the public interest. (2) In the event that
two or more competing applications qualify equally under the
provisions of subsection (1), the governing board... shall give
preference to a renewal application over an initial application. 20
There are several points in this statute which can work to resolve a
competition situation. The policies contained in this document provide criteria for
first maximizing resource development, then proceeding to a hierarchy of users, by
type, most in the public interest as guidance for resolving competition scenarios.

E. Water Shortages
Section 373.246, F.S., indicates, in part, a water shortage may be declared:

...for a source or sources within all or part of the district when
insufficient water is or will be available to meet the present and
anticipated requirements 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.
During a water shortage, the districts can restrict water usage and apportion
the available supply. The statute required the District to develop and adopt plans to
be implemented during the shortage. 21 Water users are, generally, assured the full
allocation of their authorized use, except in shortages when all users could ultimately
share in the use reductions. The purpose is to protect the resource from harm, assure
equitable distribution of available water among all users and minimize adverse
impacts to the economy, society and the health of the public. Additionally, the water
shortage implementing rules or plans provide advance knowledge of the means and
priorities by which the District will apportion available water during a shortage and
promote greater security for all water use permittees. This allows users to plan for
shortages with knowledge of their relative priority. 22 Water shortage events are
also closely tied to permit allocations which are, sometimes, based in drought
frequencies. The policies contained in this document suggest revision of criteria for
allocation of the resource.


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REFERENCES

1. A Model Water Code, by Dean Frank E. Maloney, et al. (Gainesville, 1972) at
p. 157. [Hereinafter cited as A Model Water Code.]
2. Id. at p. 158.
3. Id. at p. 159.
4. Taylor v. Tampa Coal Co., 46 So. 2d 392 (Fla. 1950).

5. A Model Water Code at p. 173.
6. Id. at p. 170-1.
7. Osceola County v. St. Johns River Water Management District, 504 So.2d 385
(Fla. 1987) at p. 386.
8. Fla. Stat. s.373.217 [1989] and Village of Tequesta v. Jupiter Inlet Colony, 371
So.2d 663 (Fla. 1979) at p. 670. [Hereinafter cited as Village of Teguesta.]
9. Village of Tequesta at p. 672.
10. Fla. Stat. s.373.226 [1989] and Village of Tequesta at p.671.
11. A Model Water Code at p. 169.
12. Fla. Stat. s.373.226 [1989].
13. See e.g. Fla. Admin Code chs. 40E-2 and 17-40.
14. Fla. Stat. s.373.019(4)[1989].
15. A Model Water Code at p. 170-1; see also Maloney, Capehart and Hoofman,
Florida's Reasonable Beneficial Use Standard: Have East and West Met? 31
U. Fla. L. Rev. 253 (1979) at p. 269.
16. See e.g. Fla. Stat. ss.373.018, 373.036, 373.1961 and 373.233 [1989]; See also
Fla. Admin. Code ch. 17-40.
17. Fla. Stat. s.373.223(3), F.S. [1989].
18. A Model Water Code at p. 181.
19. Fla. Stat. s.373.243 {1989] and A Model Water Code at p. 189.
20. Fla. Stat. s.373.233 [1989].
21. Fla. Admin. Code Ch. 40E-21.
22. A Model Water Code at p. 193.


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V. APPLICATIONS OF POLICIES TO SELECTED WATER USE ISSUES

The following section is the result of an effort to directly address some specific
regional issues in conjunction with an outside committee of regulated interests. The
Water Use Peer Review Committee, which will assist the Regulation Department's in
developing Basis of Review amendments, participated in the development of these
discussions. The committee reviewed the following material in the context of an
earlier (July 30, 1990) draft of this water supply policy document.

The citations preceding each policy statement in this section correspond to the
July 30, 1990 draft of the Water Supply Policy Document, which was used by the
Water Use Peer Review Committee in developing these discussions. Citations
corresponding to this (April 10, 1991) draft are listed in bold at the end of each policy
statement. The wording of some policy statements may have been modified during
the rewriting of the document for the purpose of clarifying the intent of the
statement.


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A. REGIONALIZATION
Problem Statement
Regionalization of water management responsibilities occurs on two levels. First, the
District operates a regional surface water delivery system. Second, local utilities can
be integrated into regional authorities responsible for delivery of water to the end
users.
As a regional agency, the District's responsibilities include surface water deliveries
through the Central and Southern Flood Control System. This function is important
since the availability of existing water resources does not always coincide with
demand centers. The regional surface water delivery system provides water to the
Lower East Coast (LEC); however, with the exception of the Caloosahatchee River
and canal C-44 it does not provide significant water supply backup to the Lower West
Coast (LWC) or the Upper East Coast (UEC).
An important advantage of the regional surface water delivery system is that the
efficiency and certainty of water supplies is enhanced. In the event of resource
damage, such as salt water intrusion or man-made contamination, the regionalized
surface water delivery system allows greater flexibility and assurance in meeting
demands.
The District also provides a framework for developing water resources by evaluating
needs and sources and preparing water supply plans for specific areas. These area -
specific plans can then be implemented by regional authorities to meet the needs of
individual service areas.
A first step toward the development of regionalized authorities is the prudent use of
interconnects between existing utilities in emergency situations. The District's
regulatory program offers opportunities to encourage interconnected water supply
delivery systems.
Applicable Water Supply Policies
The following is the text of the most applicable or primary policies taken from the
Water Supply Policy Document which direct the following short and long term
strategies. These policy statements should not be considered a the only policies
supporting the strategies. In fact, the water supply policy document is a broad, wide
ranging document whose policies should not be construed or considered in isolation
from one another. The citations preceding each policy statement in this section
correspond to the July 30, 1990 draft of the Water Supply Policy Document, which
was used by the Water Use Peer Review Committee in developing these discussions.
Citations corresponding to this (April 10, 1991) draft are listed in bold at the end of
each policy statement. The wording of some policy statements may have been
modified during the rewriting of the document for the purpose of clarifying the intent
of the statement.
2.(iii) The District will promote development of water storage technologies and
enhanced storage capacity, such as above-ground storage and Aquifer Storage
and Recovery (ASR). The District shall provide technical assistance and/or
participate in funding for feasibility studies of these technologies. The District
shall give consideration to the role of these technologies, particularly ASR, in
the consumptive use permitting process. 3(d)


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DRAFT -- Water Supply Policy Document


2.(iv) The District will encourage implementation of public and private non-
structural solutions to water resource problems. 3(f)
7.c. The District will encourage regional solutions to water supply problems
utilizing local sources such as interconnects, regional wellfields and regional
water authorities. l(h)
7.e. In the performance of, and in conjunction with, its other power and duties, the
governing board of a water management district existing pursuant to chapter
373:
(i) Shall encourage in planning to assist counties, municipalities and regional
water supply authorities in meeting water supply needs in such manner as
will give priority to encouraging conservation and reducing adverse
environmental effects of improper or excessive withdrawals of water from
concentrated areas. As used in this section, regional water supply
authorities are regional water authorities created under s. 373.1961 or
other laws of this state. Section 373.1961(1), F.S. 1(b)
Short Term Solution Strategies
1. Interconnecting Pipes. The District will require utilities with adjacent service
areas to develop interconnecting pipes capable of delivering 25% of the capacity of
the smaller of the two utilities. This does not imply that utilities will be required
to develop additional treatment or withdrawal capacity. Rather, the supplying
utility would implement short term demand management measures with the goal
of providing 50% of the average daily indoor usage of the smaller utility to the
utility experiencing the emergency. In the event of an emergency, interconnects
which are not opened with the consent of of both parties may be required to be
opened by District Governing Board Order for a duration no longer than six
months. Issues related to Safe Drinking Water Act violations shall be resolved, in
conformance with existing policies regulating bulk finished water sales.
2. Interconnect Plan. The District will require each utility to submit a detailed plan
for the development of interconnected systems within 2 years of formal adoption of
this policy.
3. Interconnect Water Rates. Rates for water transmitted through interconnects
shall be derived in accordance with state law or other equitable method of
compensation. The rates for water delivered through interconnects shall not
result in excessive losses or profits for the supplier or receiver.
4. Aquifer Storage and Recovery. The District shall provide technical assistance
and/or participate in funding eplre feib.., t t y
Staco assess the feasibility of utilizing this technology
in both rural and urban areas for water supply purposes.
Long Term Solution Strategies
1. Regional Authorities. District staff must continue to work with local governments
to encourage the development of regional water systems to improve the efficiencyy
and certainty of water supply deliveries. These regional authorities will
coordinate the siting of new wellfields, planning future augmentation projects,
development of infrastructure, oversight of taxing authorities or bond issues, etc.


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DRAFT -- Water Supply Policy Document


2. Canal System Refinements. The District will continue to pursue refinements to
the primary canal system that serve to reduce losses from the system across
structures.
3. Regional Supply System. The District shall continue to refine availability of
water through its regional water supply system These refinements shall consider
all presently existing legal users, including environmental needs, and will not
necessarily result in increased deliveries through the regional surface water
delivery system.

4. Aquifer Storage and Recovery. Through the Water Supply Planning process, the
District shall develop a long term strategy for defining the role of the ASR
technology in the future of South Florida's water supply.


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B. EFFICIENT USE AND REUSE OF WATER
Problem Statement
Maximizing the use of available water resources requires reuse of water for irrigation
and other reasonable-beneficial uses. This practice provides for the use of the lowest
quality water for the intended purpose. A viable reuse policy must address both the
supply and the demand side of the reuse equation. Demand for reclaimed water will
be stimulated by reducing allocations for aesthetic and recreational landscape
irrigation and by educating the public on the benefits of reuse. The supply of
reclaimed water will be increased through the consumptive use permitting process
for utilities. The costs associated with increasing utilization of reclaimed water must
be equitably distributed between users and suppliers. Increased coordination and
communication between local governments, utilities and water users will be
necessary. This policy will be phased in over time in all areas of the District that
have been designated as Critical Water Supply Problem Areas, in accordance with
Florida Administrative Code (FAC) Chapter 17-40, which defines Critical Water
Supply Problem Areas, as "areas that have water supply problems which have
become critical or are anticipated to become critical within the next 20 years".
Chapter 17-40- stipulates that these areas shall be designated and adopted by rule by
November 1, 1991.
Applicable Water Supply Policies
The following is the text of the most applicable or primary policies taken from the
Water Supply Policy Document which direct the following short and long term
strategies. These policy statements should not be considered as the only policies
supporting the strategies. In fact, the water supply policy document is a broad, wide
ranging document whose policies should not be construed or considered in isolation
from one another. The citations preceding each policy statement in this section
correspond to the July 30, 1990 draft of the Water Supply Policy Document, which
was used by the Water Use Peer Review Committee in developing these discussions.
Citations corresponding to this (April 10, 1991) draft are listed in bold at the end of
each policy statement. The wording of some policy statements may have been
modified during the rewriting of the document for the purpose of clarifying the intent
of the statement.
4a(i) The District shall prioritize specific water sources in terms of use type. 4(a)
4a(vi) Inefficient uses by presently existing legal users will not be considered. (i.e.
These facilities may be adversely impacted.) 4(b)(iii)
7a The District shall define criteria and areas for efficient use of water resources.
l(f)
7a(i) The District shall establish high efficiency irrigation standards and criteria for
implementation. 1(d)
7a(ii) The District shall establish efficiency standards for routine urban demand
management and conservation practices and criteria for implementing the
same. 1(c)
7b The District shall require use of the lowest quality of water for the use
intended. 1(g)


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DRAFT -- Water Supply Policy Document


7b(ii) The District shall designate critical water supply areas for mandatory waste
water reuse. l(g)(ii)
7d(i) The District shall identify and promote alternative methods of waste water
treatment, disposal and reuse. l(g)(iii)
Short Term Solution Strategies
1. Reduced Allocations. Allocations for aesthetic and recreational landscape
irrigation will be reduced in Critical Water Supply Problem Areas. For aesthetic
and recreational landscape irrigation, water allocated above the threshold
amount for individual permits will be reduced by up to 80% of that which is
currently allocated depending on what other conservation techniques are
practiced. These reductions in allocations will be synchronized with wastewater
reuse plans to be developed by utilities, as required below. They will be
geographically and chronologically phased to coincide with implementation
schedules contained in the wastewater reuse plans. This should result in an
increased use of reclaimed water.
2. Reuse Plans. Within Critical Water Supply Problem Areas, utilities will be
required to implement a plan for wastewater reuse as a condition of consumptive
use permit issuance or renewal. Consumptive use permits will consider the life
cycle of allocated water; thus wastewater disposal will be subject to the terms of
consumptive use permits. The consumptive use permitting process will also
consider aquifer recharge that may result from reuse system operation. The plan
must be implemented within two years and must result in reuse of all wastewater
within twenty years of permit issuance or renewal.

Long Term Solution Strategies
1. Crop Production and Industrial Uses. Future efforts will focus on wastewater
reuse for crop production and industrial uses.
2. Exemptions. Use of reclaimed water shall continue to be exempt from
consumptive use permitting and water shortage restrictions. Except as discussed
in short term solution strategy #2 above, where wastewater reuse plans will be
required as a condition of consumptive use permit issuance or renewal.
3. Public Education. The District shall conduct public education programs on the
benefits of wastewater reuse.


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C. AGRICULTURAL DEMAND MANAGEMENT
Problem Statement
District-wide, more water is currently allocated for food production than for other
industry, personal consumption, recreation, or aesthetic landscape maintenance
Although the District has gathered data in the areas of crop requirements under
various soil and climatic conditions, the procedure under which permits have been
issued for this use has not facilitated a precise determination of quantities pumped.
Maximizing the efficiency of water use in agricultural operations is desired. It will be
necessary for the District to increase monitoring and enforcement of permitted
allocations and to provide agriculture with the incentives to become as water efficient
as possible. There needs to be economic benefit and investment protection for
agriculture to adopt the most water efficient irrigation methods and procedures.

The strategy of the Water Use Peer Review group and District staff is to evaluate
water use efficiency w i ,e eval ated trom a resources perspective. Tio determine the
most efficient use of the water resource for crop production in any region of the
District the-fllwing factors such as systems efficiency, operation and management
efficiency, environmental factors and economic teasibility should be considered.

Applicable Water Supply Policies
The following is the text of the most applicable or primary policies taken from the
Water Supply Policy Document which direct the following short and long term
strategies. These policy statements should not be considered as the only policies
supporting the strategies In fact, the water supply policy document is a broad, wide
ranging document whose policies should not be construed or considered in isolation
from one another. The citations preceding each policy statement in this section
correspond to the July 30, 1990 draft of the Water Supply Policy Document, which
was used by the Water Use Peer Review Committee in developing these discussions.
Citations corresponding to this (April 10, 1991) draft are listed in bold at the end of
each policy statement. The wording of some policy statements may have been
modified during the rewriting of the document for the purpose of clarifying the intent
of the statement.
2a(ii) The District shall optimize surface water management control elevations to
meet flood control standards and conserve water supply. 3(b)
4.a. In allocating the resource, the District shall give consideration to presently
exercised legal uses through establishing and implementing levels of
certainty (legal, physical and tenure certainty). 4(b)
4.a.(iii) The District shall establish levels of physical certainty (risk of drought) for
use in resource allocation. (i.e. supplemental crop requirements and
drought return frequency) 4(b)(i)
4.a.(iv) The District shall maximize permit duration (tenure) based upon
evaluation of long-term potential resource impacts, predictability of
impacts and demand and type of water use. 4(b)(ii)


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4.a.(vi) Inefficient uses of presently existing legal users will be not considered. (i.e.
These facilities may be adversely impacted.) 4(b)(iii)
5.a. In preserving and enhancing the water quality of the state, the District
shall balance water quality with the goals of maximizing reasonable-
beneficial use. 5(c)
5.a.(i) The District shall manage water withdrawals to minimize salt water
intrusion and upcoming of saline water. 5(e)
6.b.(iii) The District shall develop a water demand monitoring program, including
metering of withdrawals when appropriate. 6(b)(iii)
7.a. The District shall define criteria and areas for efficient use of water
resources. l(f)
7.a.(i) The District shall establish high efficiency irrigation standards and criteria
for implementation. 1(d)

Short Term Solution Strategies
1. Efficiency Definition. Water use efficiency shall be defined from a resource
perspective. An irrigation system's efficiency shall be based on the net impact of
the irrigation system on the relevant water storage system. The relevant water
storage system shall be defined for each region and will include surface water and
groundwater bodies which are determined by the District to provide storage. The
regions will be defined in the Basis of Review Efficiency will increase directly with
decreased evaporation, decreased runoff to areas other than the relevant water
storage system and with increased runoff and infiltration back into the relevant
water storage system. Efficiency of water use shall also consider related
environmental and operational factors.
2. Efficiency Incentives. To encourage agricultural permittees to adopt efficient
water use practices, a combination of incentives discouraging inefficiency and
encouraging increased efficiency will be incorporated into the consumptive use
permitting process. The relative efficiency of an irrigation system will be defined
on a regional basis. The most efficient system currently existing within a region
will establish the regional standard for high efficiency systems for similar crops
and soil moisture conditions. These incentive include:
A. Increasing permit duration with increased irrigation efficiency. Higher
efficiency systems will have a permit duration of up to ten years while lower
efficiency systems will have a maximum permit duration of up to five years.
B. Basing allocations on the area in production and irrigation system efficiency.
Allocations for higher efficiency systems will be based on the total acreage
projected to be under production for the duration of the permit, while
allocations for lower efficiency systems will be limited to only the area actually
in production.
C. Providing increased water shortage protection with increased irrigation
efficiency. Higher efficiency systems will become affected by water shortage


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cutbacks at a later Phase and the percent of mandated water use reduction will
be less than for lower efficiency systems.
3. Requiring Efficient Irrigation. Higher efficiency irrigation systems will be
required for all new consumptive-use permits. In Reduced Threshold Areas
higher efficiency systems will be phased in during permit renewals.
A. Metering or some other reliable water use accounting system will be required
for all irrigation systems.
4. Allocation Methodology. To ensure equitability of resource allocations, a uniform
methodology will be used for all crops.
5. Public Education. The District will undertake a public awareness campaign to
provide information on agricultural water use and water conservation.
Long Term Solution Strategies
1. Permit Fee Structure. The District will restructure agricultural consumptive use
permit fee structure. Permit fees may be based on the size of the project and the
efficiency of the irrigation method to be used. Areas using lower efficiency
irrigation may be charged more per acre than those using higher efficiency
irrigation. Implementation of this type of permit fee structure may require
changes to existing statute Chapter 373.109.


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Appendix A



Selected Passages

from the Florida Statutes and

Administrative Code


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187.201 State Comprehensive Plan adopted.--
(8) WATER RESOURCES
(a) Goal. -Florida shall assure the availability of an adequate supply of water
for all competing uses deemed reasonable and beneficial and shall maintain the
functions of natural systems and the overall present level of surface and ground
water quality. Florida shall improve and restore the quality of waters not presently
meeting water quality standards.
(b) Policies. --
1. Ensure the safety and quality of drinking water supplies and promote the
development of reverse osmosis and desalinization technologies for developing water
supplies.
2. Identify and protect the functions of water recharge area and provide
incentives for their conservation.
3. Encourage the development of local and regional water supplies within
water management districts instead of transporting surface water across district
boundaries.
4. Protect and use natural water systems in lieu of structural alternatives
and restore modified systems.
5. Ensure that new development is compatible with existing local and
regional water supplies.
6. Establish minimum seasonal flows and levels for surface watercourses
with primary consideration given to the protection of natural resources, especially
marine, estuarine, and aquatic ecosystems.
7. Discourage the channelization, diversion, or damming of natural riverine
systems.
8. Encourage the development of a strict floodplain management program by
state and local governments designed to preserve hydrologically significant wetlands
and other natural floodplain features.
9. Protect aquifers from depletion and contamination through appropriate
regulatory programs and through incentives.
10. Protect surface and groundwater quality and quantity in the state.
11. Promote water conservation as an integral part of water management
programs as well as the use and reuse of water of the lowest acceptable quality for the
purposes intended.
12. Eliminate the discharge of inadequately treated wastewater and
stormwater runoff into the waters of the state.
13. Identify and develop alternative methods of wastewater treatment,
disposal, and reuse of wastewater to reduce degradation of water resources.
14. Reserve from use that water necessary to support essential
nonwithdrawal demands, including navigation, recreation, and the protection of fish
and wildlife.


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373.016 Declaration of policy.--
(1) The waters in the state are among its basic resources. Such waters have not
heretofore 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, development, and proper utilization of surface
and ground water;
(c) To develop and regulate dams, impoundments, 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 minimize degradation of water resources caused by the discharge of
stormwater;
(f) To preserve natural resources, fish, and wildlife;
(g) To promote the public policy set forth in s. 403.021;
(h) To promote recreational development, protect public lands, and assist in
maintaining the navigability of rivers and harbors; and
(i) 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 complexity. It is therefore the
intent of the Legislature to vest in the Department of Environmental Regulation or
its successor agency the power and responsibility to accomplish the conservation,
protection, 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
governing board of a water management district.
History.--s. 2, part I, ch. 72-299; s. 36, ch. 79-65; s. 70, ch. 83-310, s. 5, ch. 89-279.


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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 otherwise, mean:
(1) "Department" means the Department of Environmental Regulation or its
successor agency or agencies.
(2) "Water management district" means any flood control, resource
management, or water management district operating under the authority of this
chapter.
(3) "Governing board" means the governing board of a water management
district.
(4) "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.
(5) "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.
(6) "Domestic use" means the use of water for the individual personal household
purposes of drinking, bathing, cooking, or sanitation. All other uses shall not be
considered domestic.
(7) "Nonregulated use" means any use of water which is exempted from
regulation by the provisions of this chapter.
(8) "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.
(9) "Ground water" means water beneath the surface of the ground, whether or
not flowing through known and definite channels.
(10) "Surface water" means water upon the surface of the earth, whether
contained in bounds created naturally or artificially or diffused. Water from natural
springs shall be classified as surface water when it exits from the spring onto the
earth's surface.
(11) "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 has been
dredged or improved does not prevent the watercourse from being a stream.
(12) "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.
(13) "Coastal waters" means waters of the Atlantic Ocean or the Gulf of Mexico
within the jurisdiction of the state.
(14) "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 shoreline.


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(15) "Works of the district" means those projects and works, including, but not
limited to, structures, impoundments, wells, streams, and other watercourses,
together with the appurtenant facilities and accompanying lands, which have been
officially adopted by the governing board of the district as works of the district.
(16) "State water policy" means the comprehensive statewide policy as adopted
by the department pursuant to ss. 373.026 and 403.061 setting forth goals, objectives,
and guidance for the development and review of programs, rules, and plans relating
to water resources.
History.--s. 3, part I, ch. 72-299; s. 37, ch. 79-65; s. 1, ch. 80-259; s. 5, ch. 82-101; s. 6, ch. 89-279.


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373.033 Saltwater barrier line.--
(1) The department 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 determined by adoption of an appropriate resolution that saltwater
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 saltwater
barrier line inland of which no canal shall be constructed or enlarged, 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 saltwater barrier line, which
shall prevent the movement of salt water inland of the saltwater barrier line.
Provided, however, that the department is authorized, in cases where saltwater
intrusion is not a problem, to waive the requirement of a barrier structure by specific
permit to construct a canal crossing the saltwater barrier line without a protective
device and provided, further that the agency petitioning for the establishment of the
saltwater barrier line shall concur in the waiver.
(2) Application by a board of county commissioners or by the governing board of
a water management district, a municipality or a water district for the establishment
of a saltwater barrier line shall be made by adoption of an appropriate resolution,
agreeing to:
(a) Reimburse the department the cost of necessary investigation, including,
but not limited to, subsurface exploration by drilling, to determine the proper
location of the saltwater 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 corporations filing plats for record
and by individuals, corporations or agencies seeking authority to discharge surface or
subsurface drainage into tidal waters.
(3) The board of county commissioners of any county or the governing board of
any water management district, municipality or water district desiring to establish a
saltwater barrier line is authorized to reimburse the department for any expense
entailed in making an investigation to determine the proper location of the saltwater
barrier line, from any funds available to them for general administrative purposes.
(4) The department, any board of county commissioners, and the governing
board of any water management district, municipality, or water district having
competent jurisdiction over an area in which a saltwater barrier is established shall
be charged with the enforcement of the provisions of this section, and authority for
the maintenance of actions set forth in s. 373.129 shall apply to this section.
(5) The provisions of s. 373.191 shall apply specifically to the authority of the
board of county commissioners, or to the governing board of a water management
district, a municipality, or a water district having jurisdiction over an area in which a
saltwater barrier line is established, to expend funds from whatever source may be
available to them for the purpose of constructing saltwater barrier dams, dikes, and
spillways within existing canals and streams in conformity with the purpose and
intent of the board in establishing the saltwater barrier line.
History.-s. 2, ch. 63-210; as. 25, 35, ch. 69-106; s. 25, ch. 73-190; s. 14, ch. 78-95; a. 40, ch. 79-65; s.
85, ch. 79-164.
Note.--Former a. 373.194.


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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 offish 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 Executive Office of the Governor, or its
successor agency, progressively to formulate, as a functional element of a
comprehensive state plan, an integrated, coordinated 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
consideration to:
(a) The attainment of maximum reasonable-beneficial use of water for such
purposes as those referred to in subsection (1).
(b) The maximum economic development of the water resources consistent with
other 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, uneconomical, impractical, or unreasonable uses
of water resources.
(f) Presently exercised domestic use and permit rights.
(g) The preservation and enhance-ment 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
department 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 on the matter. At least 90 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 90 days in advance of such hearings.
(6) For the purposes of this plan the department may, in consultation with the
affected governing board, divide each water management district into sections which
shall conform as nearly as practicable to hydrologically controllable areas and
describe all water resources within each area.
(7) The department shall give careful consideration to the requirements of
public recreation and to the protection and procreation of fish and wildlife. The
department may prohibit or restrict other future uses on certain designated bodies of
water which may be inconsistent with these objectives.


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(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 Executive Office of the Governor,
or its successor agency, may add to the state water use plan any other information,
directions, or objectives it deems necessary or desirable for the guidance of the
governing boards or other agencies in the administration and enforcement of this
chapter.
History.--s. 6, part I, ch. 72-299; ss. 2, 3, ch. 73-190; s. 122, ch. 79-190.






373.0395 Ground water basin resource availability inventory.--Each water
management district shall develop a ground water basin resource availability
inventory covering those areas deemed appropriate by the governing board. This
inventory shall include, but not be limited to, the following:
(1) A hydrogeologic study to define the ground water basin and its associated
recharge areas.
(2) Site specific areas in the basin deemed prone to contamination or overdraft
resulting from current or projected development.
(3) Prime ground water recharge areas.
(4) Criteria to establish minimum seasonal surface and ground water levels.
(5) Areas suitable for future water resource development within the ground
water basin.
(6) Existing sources of wastewater discharge suitable for reuse as well as the
feasibility of integrating coastal wellfields.
(7) Potential quantities of water available for consumptive uses.
Upon completion, a copy of the ground water basin availability inventory shall be
submitted to each affected municipality, county, and regional planning agency. This
inventory shall be reviewed by the affected municipalities, counties, and regional
planning agencies for consistency with the local government comprehensive plan and
shall be considered in future revisions of such plan. It is the intent of the Legislature
that future growth and development planning reflect the limitations of the available
ground water or other available water supplies.
History.--s. 6, ch. 82-101.


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373.0397 Floridan and Biscayne aquifers; designation of prime ground water
recharge areas.--Upon preparation of an inventory of prime ground water recharge
areas for the Floridan or Biscayne aquifers as a part of the requirements of s.
373.0395(3), but prior to adoption by the governing board, the water management
district shall publish a legal notice of public hearing on the designated areas for the
Floridan and Biscayne aquifers, with a map delineating the boundaries of the areas,
in newspapers defined in chapter 50 as having general circulation within the area to
be affected. The notice shall be at least one-fourth page and shall read as follows:

NOTICE OF PRIME RECHARGE AREA DESIGNATION
The (name of taxing authority) proposes to designate specific lend areas as areas
of prime recharge to the (name of aquifer) Aquifer.
All concerned citizens are invited to attend a public hearing on the proposed
designation to be held on (date and time) at (meeting place) .
A map of the affected areas follows.
The governing board of the water management district shall adopt a designation of
prime ground water recharge areas to the Floridan and Biscayne aquifers by rule
within 120 days after the public hearing, subject to the provisions of chapter 120.
History.--s. 2, ch. 85-42.



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 watercourses 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 in an aquifer and the level of surface water at which further
withdrawals would be significantly 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 nonconsumptive uses in the establishment of minimum
flows and levels.
History.--s. 6 part I ch. 72-299; s. 2, ch. 73-190.
Note.--Former s. 373.03(7).



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. --s. 1, ch. 72-318; s. 1, ch. 82-46; s. 25, ch. 88-242; ss. 1, 2, ch. 89-279.
Note.--Repealed effective October 1, 1990, by s. 2, ch. 89-279, and scheduled for review pursuant to s.
11.611.
[The repeal of this section by s. 2 ch. 89-279, was nullified by s. 11, ch. 90-217.]


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373.171 Rules and regulations.--
(1) In order to obtain the most beneficial use of the water resources of the state
and to protect the public health, safety, and welfare and the interests of the water
users affected, governing boards, by action not inconsistent with the other provisions
of this law and without impairing property rights, may:
(a) Establish rules, regulations, or orders affecting the use of water, as
conditions warrant, and forbidding the construction of new diversion facilities or
wells, the initiation of new water uses, or the modification of any existing uses,
diversion facilities, or storage facilities within the affected area.
(b) Regulate the use of water within the affected area by apportioning, limiting,
or rotating uses of water or by preventing those uses which the governing board finds
have ceased to be reasonable or beneficial.
(c) Make other rules, regulations, and orders necessary for the preservation of
the interests of the public and of affected water users.
(2) In promulgating rules and regulations and issuing orders under this law, the
governing board shall act with a view to full protection of the existing rights to water
in this state insofar as is consistent with the purpose of this law.
(3) No rule, regulation or order shall require any modification of existing use or
disposition of water in the district unless it is shown that the use or disposition
proposed to be modified is detrimental to other water users or to the water resources
of the state.
(4) All rules and regulations adopted by the governing board shall be filed with
the Department of State as provided in chapter 120. An information copy will be filed
with the Department of Environmental Regulation.
History.--s. 11, ch. 57-380; s. 8, ch. 63-336; ss. 10, 25, 35, ch. 69-106; s. 8, ch. 76-243; s. 1, ch. 77-
117; s. 14, ch. 78-95.





373.191 County water conservation projects.--The several counties of the state
may cooperate with the division by engaging in county water development and
conservation projects and may use county funds and equipment for this purpose and
to do all other things necessary in connection with the development and conservation
of the county's water resources consistent with the provisions of this law and the
rules and regulations adopted pursuant thereto.
History.--s. 13, ch. 57-380; as. 25,35, ch. 69-106.


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373.196 Legislative findings.--
(1) It is the finding of the Legislature that cooperative efforts between
municipalities, counties, water management districts, and the Department of
Environmental Regulation are mandatory in order to meet the water needs of rapidly
urbanizing areas in a manner which will supply adequate and dependable supplies of
water where needed without resulting in adverse effects upon the areas from whence
such water is withdrawn. Such efforts should utilize all practical means of obtaining
water, including, but not limited to, withdrawals of surface water and ground water,
recycling of waste water, and desalinization, and will necessitate not only
cooperation but also well-coordinated activities. The purpose of this act is to provide
additional statutory authority for such cooperative and coordinated efforts.
(2) Municipalities and counties are encouraged to create regional water supply
authorities as authorized herein. It is further the intent that municipalities,
counties, and regional water supply authorities are to have the primary
responsibility for water supply, and water management districts and their basin
boards are to engage only in those functions that are incidental to the exercise of their
flood control and water management powers.
(3) Nothing herein shall be construed to preclude the various municipalities and
counties from continuing to operate existing water production and transmission
facilities or to enter into cooperative agreements with other municipalities and
counties for the purpose of meeting their respective needs for dependable and
adequate supplies of water, provided the obtaining of water through such operations
shall not be done in a manner which results in adverse effects upon the areas from
whence such water is withdrawn.
History.--s. 1, ch. 74-114; s. 43, ch. 79-65.

373.1961 Water production.--In the performance of, and in conjunction with, its
other powers and duties, the governing board of a water management district
existing pursuant to chapter 373:
(1) Shall engage in planning to assist counties, municipalities, and regional
water supply authorities in meeting the water supply needs in such manner as will
give priority to encouraging conservation and reducing adverse environmental
effects of improper or excessive withdrawals of water from concentrated areas. As
used in this section, regional water supply authorities are regional water authorities
created under s. 373.1962 or other laws of this state.
(2) Shall assist counties, municipalities, and water supply authorities in
meeting water supply needs in such manner as will give priority to encouraging
conservation and reducing adverse environmental effects of improper or excessive
withdrawals of water from concentrated areas.
(3) May establish, design, construct, operate, and maintain water production
and transmission facilities for the purpose of supplying water to counties,
municipalities, and regional water supply authorities. The permit required by part II
of this chapter for a water management district engaged in water production and
transmission shall be granted, denied, or granted with conditions by the department.
(4) Shall not engage in local distribution.
(5) Shall not deprive, directly or indirectly, any county wherein water is
withdrawn of the prior right to the reasonable and beneficial use of water which is
required to supply adequately the reasonable and beneficial needs of the county or
any of the inhabitants or property owners therein.
(6) May provide water and financial assistance to regional water supply
authorities, but may not provide water to counties and municipalities which are
located within the area of such authority without the specific approval of the
authority or, in the event of the authority's disapproval, the approval of the Governor


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and Cabinet sitting as the Land and Water Adjudicatory Commission. The district
may supply water at rates and upon terms mutually agreed to by the parties or, if
they do not agree, as set by the governing board and specifically approved by the
Governor and Cabinet sitting as the Land and Water Adjudicatory Commission.
(7) May acquire title to such interest as is necessary in real property, by
purchase, gift, devise, lease, eminent domain, or otherwise, for water production and
transmission consistent with this section. However, the district shall not use any of
the eminent domain powers herein granted to acquire water and water rights already
devoted to reasonable and beneficial use or any water production or transmission
facilities owned by any county, municipality, or regional water supply authority. The
district may exercise eminent domain powers outside of its district boundaries for the
acquisition of pumpage facilities, storage areas, transmission facilities, and the
normal appurtenances thereto, provided that at least 45 days prior to the exercise of
eminent domain, the district notifies the district where the property is located after
public notice and the district where the property is located does not object within 45
days after notification of such exercise of eminent domain authority.
(8) In addition to the power to issue revenue bonds pursuant to s. 373.584, may
issue revenue bonds for the purposes of paying the costs and expenses incurred in
carrying out the purposes of this chapter or refunding obligations of the district
issued pursuant to this section. Such revenue bonds shall be secured by, and be
payable from, revenues derived from the operation, lease, or use of its water
production and transmission facilities and other water-related facilities and from the
sale of water or services relating thereto. Such revenue bonds may not be secured by,
or be payable from, moneys derived by the district from the Water Management
Lands Trust Fund or from ad valorem taxes received by the district. All provisions of
s. 373.584 relating to the issuance of revenue bonds which are not inconsistent with
this section shall apply to the issuance of revenue bonds pursuant to this section. The
district may also issue bond anticipation notes in accordance with the provisions of s.
373.584.
(9) May join with one or more other water management district, counties,
municipalities, or regional water supply authorities for the purpose of carrying out
any of its powers, and may contract with such other entities to finance acquisitions,
construction, operation, and maintenance. The contract may provide for
contributions to be made by each party thereto, for the division and apportionment of
the expenses of acquisitions, construction, operation, and maintenance, and for the
diversion and apportionment of the benefits, services, and products therefrom. The
contracts may contain other covenants and agreements necessary and appropriate to
accomplish their purposes.
History.--s. 2, ch. 74-114; s. 14, ch. 76-243; s. 7, ch. 82-101; s. 2, ch. 87-347.
373.1962 Regional water supply authorities.--
(1) By agreement between local governmental units created or existing
pursuant to the provisions of Art. VIII of the State Constitution, pursuant to the
Florida Interlocal Cooperation Act of 1969, s. 163.01, and upon the approval of the
iGovernor and Cabinet sitting as head of the Department of Natural Resources to
ensure that such agreement will be in the public interest and complies with the
intent and purposes of this act, regional water supply authorities may be created for
the purpose of developing, recovering, storing, and supplying water for county or
municipal purposes in such a manner as will give priority to reducing adverse
environmental effects of excessive or improper withdrawals of water from
concentrated areas. In approving said agreement the Governor and Cabinet, sitting
as head of the Department of Natural Resources, shall consider, but not be limited to,
the following:


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(a) Whether the geographic territory of the proposed authority is of sufficient
size and character to reduce the environmental effects of improper or excessive
withdrawals of water from concentrated areas.
(b) The maximization of economic development of the water resources within
the territory of the proposed authority.
(c) The availability of a dependable and adequate water supply.
(d) The ability of any proposed authority to design, construct, operate, and
maintain water supply facilities in the locations, and at the times necessary, to
ensure that an adequate water supply will be available to all citizens within the
authority.
(e) The effect or impact of any proposed authority on any municipality, county,
or existing authority or authorities.
(f) The existing needs of the water users within the area of the authority.
(2) In addition to other powers and duties agreed upon, and notwithstanding the
provisions of s. 163.01, such authority may:
(a) Upon approval of the electors residing in each county or municipality within
the territory to be included in any authority, levy ad valorem taxes, not to exceed one-
half mill, pursuant to s. 9(b), Art. VII of the State Constitution. No tax authorized by
this paragraph shall be levied in any county or municipality without an affirmative
vote of the electors residing in such county or municipality.
(b) Acquire water and water rights; develop, store, and transport water;
provide, sell and deliver water for county or municipal uses and purposes; provide for
the furnishing of such water and water service upon terms and conditions and at
rates which will apportion to parties and nonparties an equitable share of the capital
cost and operating expense of the authority's work to the purchaser.
(c) Collect, treat, and recover wastewater.
(d) Not engage in local distribution.
(e) Exercise the power of eminent domain in the manner provided by law for the
condemnation of private property for public use to acquire title to such interest in
real property as is necessary to the exercise of the powers herein granted, except
water and water rights already devoted to reasonable and beneficial use or any water
production or transmission facilities owned by any county or municipality.
(f) Issue revenue bonds in the manner prescribed by the Revenue Bond Act of
1953, as amended, part I, chapter 159, to be payable solely from funds derived from
the sale of water by the authority to any county or municipality. Such bonds may be
additionally secured by the full faith and credit of any county or municipality, as
provided by s. 159.16 or by a pledge of excise taxes, as provided by s. 159.19. For the
purpose of issuing revenue bonds, an authority shall be considered a "unit" as defined
in s. 159.02(2) and as that term is used in the Revenue Bond Act of 1953, as amended.
Such bonds may be issued to finance the cost of acquiring properties and facilities for
the production and transmission of water by the authority to any county or
municipality, which cost shall include the acquisition of real property and easements
therein for such purposes. Such bonds may be in the form of refunding bonds to take
up any outstanding bonds of the authority or of any county or municipality where
such outstanding bonds are secured by properties and facilities for production and
transmission of water, which properties and facilities are being acquired by the
authority. Refunding bonds may be issued to take up and refund all outstanding
bonds of said authority that are subject to call and termination, and all bonds of said
authority that are not subject to call or redemption, when the surrender of said bonds
can be procured from the holder thereof at prices satisfactory to the authority. Such
refunding bonds may be issued at any time when, in the judgment of the authority, it
will be to the best interest of the authority financially or economically by securing a
lower rate of interest on said bonds or by extending the time of maturity of said bonds


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DRAFT -- Water Supply Policy Document


or, for any other reason, in the judgment of the authority, advantageous to said
authority.
(g) Sue and be sued in its own name.
(h) Borrow money and incur indebtedness and issue bonds or other evidence of
such indebtedness.
(i) Join with one or more other public corporations for the purpose of carrying
out any of its powers and for that purpose to contract with such other public
corporation or corporations for the purpose of financing such acquisitions,
construction, and operations. Such contracts may provide for contributions to be
made by each party thereto, for the division and apportionment of the expenses of
such acquisitions and operations, and for the division and apportionment of the
benefits, services, and products therefrom. Such contract may contain such other and
further covenants and agreements as may be necessary and convenient to accomplish
the purposes hereof.
(3) When it is found to be in the public interest, for the public convenience and
welfare, for a public benefit, and necessary for carrying out the purpose of any
regional water supply authority, any state agency, county, water control district
existing pursuant to chapter 298, water management district existing pursuant to
chapter 373, municipality, governmental agency, or public corporation in this state
holding title to any interest in land is hereby authorized, in its discretion, to convey
the title to or dedicate land, title to which is in such entity, including tax reverted
land, or to grant use-rights therein, to any regional water supply authority created
pursuant to this section. Land granted or conveyed to such authority shall be for the
public purposes of such authority 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, the interest granted shall cease as to such authority and shall
automatically revert to the granting entity.
(4) Each county or municipality which is a party to an agreement pursuant to
subsection (1) shall have a preferential right to purchase water from the regional
water supply authority for use by such county or municipality.
(5) In carrying out the provisions of this section, any county wherein water is
withdrawn by the authority shall not be deprived, directly or indirectly, of the prior
right to the reasonable and beneficial use of water which is required adequately to
supply the reasonable and beneficial needs of the county or any of the inhabitants or
property owners therein.
(6) Upon a resolution adopted by the governing body of any county or
municipality, the authority may, subject to a majority vote of its voting members,
include such county or municipality in its regional water supply authority upon such
terms and conditions as may be prescribed.
(7) The authority shall design, construct, operate, and maintain facilities in the
locations and at the times necessary to insure that an adequate water supply will be
available to all citizens within the authority.
History.--s. 7 ch. 74-114; s. 1, ch 77-174; s. 35, ch. 79-5; s.1 ch 86-22.
INote.--Section 11, ch. 75-22 transferred powers duties, and functions of the Department of Natural
Resources relating to water management to the Department of Environmental Regulation.


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373.219 Permits required.--
(1) The governing board or the department may require such permits for
consumptive use of water and may impose such reasonable conditions as are
necessary to assure that such use is consistent with the overall objectives of the
district or department and is not harmful to the water resources of the area.
However, no permit shall be required for domestic consumption of water by
individual users.
(2) In the event that any person shall file a complaint with the governing board
or the department that any other person is making a diversion, withdrawal,
impoundment, or consumptive use of water not expressly exempted under the
provisions of this chapter and without a permit to do so, the governing board or the
department shall cause an investigation to be made, and if the facts stated in the
complaint are verified the governing board or the department shall order the
discontinuance of the use.
History.--s. 2, part II, ch. 72-299; s. 9, ch. 73-190.

373.223 Conditions for a permit.--
(1) To obtain a permit pursuant to the provisions of this chapter, the applicant
must establish that the proposed use of water:
(a) Is a reasonable-beneficial use as defined in s. 373.019(4);
(b) Will not interfere with any presently existing legal use of water; and
(c) Is consistent with the public interest.
(2) The governing board or the department may authorize the holder of a use
permit to transport and use ground or surface water beyond overlying land, across
county boundaries, or outside the watershed from which it is taken if the governing
board or department determines that such transport and use is consistent with the
public interest, and no local government shall adopt or enforce any law, ordinance,
rule, regulation, or order to the contrary.
(3) The governing board or the department, by regulation, may reserve from use
by permit applicants, water in such locations and quantities, and for such seasons of
the year, as in its judgment may be required for the protection of fish and wildlife or
the public health and safety. Such reservations shall be subject to periodic review
and revision in the light of changed conditions. However, all presently existing legal
uses of water shall be protected so long as such use is not contrary to the public
interest.
History.--s. 3, part II, ch. 72-299; s. 10, ch. 73-190, s. 10, ch. 76-243; a. 35, ch. 85-81.

373.224 Existing permits.-Any permits or permit agreements for consumptive use
of water executed or issued by an existing flood control, water management, or water
regulatory district pursuant to chapter 373 or chapter 378 prior to December 31,
1976, shall remain in full force and effect in accordance with its terms until otherwise
modified or revoked as authorized herein.
History.--s. 11, ch. 73-190; s. 3, ch. 75-125.


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373.226 Existing uses.--
(1) All existing uses of water, unless otherwise exempted from regulation by the
provisions of this chapter, may be continued after adoption of this permit system only
with a permit issued as provided herein.
(2) The governing board or the department shall issue an initial permit for the
continuation of all uses in existence before the effective date of implementation of
this part if the existing use is a reasonable beneficial use as defined in is. 373.019(5)
and is allowable under the common law of this state.
(3) Application for permit under the provisions of subsection (2) must be made
within a period of 2 years from the effective date of implementation of these
regulations in an area. Failure to apply within this period shall create a conclusive
presumption of abandonment of the use, and the user, if he desires to revive the use,
must apply for a permit under the provisions ofs. 373.229.
History.--s. 4, part II, ch. 72-299; s. 12 ch. 73-190.
'Note.--The reference to "s. 373.019(4)" was substituted by the editors for a reference to "s.
373.019(5)" to conform to the renumbering by s. 37, ch. 79-65.


373.2295 Interdistrict transfers of groundwater.-
(1) As used in this section, "interdistrict transfer and use" means a consumptive
water use which involves the withdrawal of groundwater from a point within one
water management district for use outside the boundaries of that district.
(2) To obtain a permit for an interdistrict transfer and use of groundwater, an
applicant must file an application in accordance with s. 373.229 with the water
management district having jurisdiction over the area from which the applicant
proposes to withdraw groundwater and submit a copy of the application to the water
management district have jurisdiction over the area where the water is to be used.
(3) The governing board of the water management district where the
groundwater is proposed to be withdrawn shall review the application in accordance
with this part, the rules of the district which relate to consumptive water use
permitting, and other applicable provisions of this chapter.
(4) In determining if an application is consistent with the public interest as
required by s. 373.223, the projected populations, as contained in the future land use
elements of the comprehensive plans adopted pursuant to chapter 163 by the local
governments within which the withdrawal areas and the proposed use areas are
located, will be considered together with other evidence presented on future needs of
those areas. If the proposed interdistrict transfer of groundwater meets the
requirements of this chapter, and if the needs of the area where the use will occur and
the specific area from which the groundwater will be withdrawn can be satisfied, the
permit for the interdistrict transfer and use shall be issued.
(5) In addition to other requirements contained in this part, the water
management district where the groundwater is proposed to be withdrawn shall:
(a) Furnish copies of any application, information, correspondence, or other
related material to the water management district having jurisdiction over the area
where the water is to be used; and
(b) Request comments on the application and the future water needs of the
proposed use area from the water management district having jurisdiction over the
area where the water is to be used. If comments are received, they must be attached
to the preliminary notice of intended agency action and may not create a point of
entry for review whether issued by the governing board or district staff.
(6) Upon completion of review of the application, the water management
district where the groundwater is proposed to be withdrawn shall prepare a notice of
preliminary intended agency action which shall include an evaluation of the


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application and a recommendation of approval, denial, or approval with conditions.
The notice shall be furnished to the district where the water is to be used, the
applicant, the Department of Environmental Regulation, the local governments
having jurisdiction over the area from which the groundwater is to be withdrawn and
where the water is to be used, and any person requesting a copy of the notice.
(a) Any interested person may, within the time specified in the notice, notify in
writing the district from where the groundwater is to be withdrawn of such person's
position and comments or objections, if any, to the preliminary intended action.
(b) The filing of the notice of intended agency action shall toll the time periods
contained in s. 120.60 for the granting or denial of a permit for an interdistrict
transfer and use of groundwater.
(c) The preliminary intended agency action and any comments or objections of
interested persons made pursuant to paragraph (a) shall be considered by the
governing board of the water management district where the groundwater is
proposed to be with-drawn. Following such consideration, the governing board shall
issue a notice of intended agency action.
(d) Any substantially affected person who submitted a notification pursuant to
paragraph (a) may request review by the department within 14 days after the filing
of the notice of intended agency action. If no request for review is filed, the notice of
intended agency action shall become the final order of the governing board.
(7) Notwithstanding the provisions of chapter 120, the department shall, within
30 days after its receipt of a request for review of the water management district's
action, approve, deny, or modify the water management district's action on the
proposed interdistrict transfer and use of groundwater. The department shall issue a
notice of its intended action. Any substantially affected person who requested review
pursuant to paragraph (6)(a) may request an administrative hearing pursuant to
chapter 120 within 14 days after notice of the department's intended action. The
parties to such proceeding shall include, at a minimum, the affected water
management districts and the applicant. The proceedings initiated by a petition
under s. 120.57, following the department's issuance of a notice of intended agency
action, is the exclusive proceeding authorized for the review of agency action on the
interdistrict transfer and use of groundwater. This procedure is to give effect to the
legislative intent that this section provide a single, efficient, simplified, coordinated
permitting process for the interdistrict transfer and use of groundwater.
(8) The department shall issue a final order which is subject to review pursuant
to s. 373.114 or s. 120.68.
(9) In administering this part, the department or the water management
districts may enter into interagency agreements. However, such agreements are not
subject to the provisions ofs. 373.046 and chapter 120.
(10) The state hereby preempts any regulation of the interdistrict transfer and
use of groundwater. If any provision of this section is in conflict with any other
provision or restriction under any law, administrative rule, or ordinance, this section
shall govern and such law, rule, or ordinance shall be deemed superseded for the
purposes of this section. A water management district or the department may not
adopt special rules which prohibit or restrict interdistrict transfer and use of
groundwater in a manner inconsistent with this section.
(11) Any applicant who has submitted an application for interdistrict transfer
and use of groundwater which is pending on July 11, 1987, may have the application
considered pursuant to this section. New permits are not required for interdistrict
transfers existing on July 11, 1987, for the duration of the permits issued for such
uses.
(12) If, after the final order of the department or final agency action under this
section, the proposed use of the site designated in the application for groundwater
production, treatment, or transmission facilities does not conform with the existing


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DRAFT -- Water Supply Policy Document


zoning ordinances, a rezoning application may be submitted. If local authorities deny
the application for rezoning, the applicant may appeal this decision to the Land and
Water Adjudicatory Commission, which shall authorize a variance or nonconforming
use to the existing comprehensive plan and zoning ordinances, unless the commission
determines after notice and hearing that such variance or nonconforming use is
contrary to the public interest.
(13) The permit required under this section and other sections of this chapter
and chapter 403 are the sole permits required for interdistrict transfer and use of
groundwater, and such permits are in lieu of any license, permit, or similar document
required by any state agency or political subdivision pursuant to chapter 163, chapter
380, or chapter 381, and the Florida Transportation Code.
(14) When a consumptive use permit under this section is granted for water
use beyond the boundaries of a local government from which or through which the
groundwater is withdrawn or transferred and a local government denies a permit
required under chapter 125 or chapter 153 for a facility or any infrastructure which
produces, treats, transmits, or distributes such groundwater, the person or unit of
government applying for the permit under chapter 125 or chapter 153 may appeal the
enial to the Land and Water Adjudicatory Commission. The commission shall
review the local government action for consistency with this chapter and the
interdistrict groundwater transfer permit and may reverse, modify, or approve the
local government's action.
History.--s. 1, ch. 87-347.


373.233 Competing applications.--
(1) If two or more applications which otherwise comply with the provisions of
this part are pending for a quantity of water that is inadequate for both or all, or
which for any other reason are in conflict, the governing board or the department
shall have the right to approve or modify the application which best serves the public
interest.
(2) In the event that two or more competing applications qualify equally under
the provisions of subsection (1), the governing board or the department shall give
preference to a renewal application over an initial application.
History.--s. 6, part II, ch. 72-299.


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403.201 Variances.--
(1) Upon application, the department in its discretion may grant a variance
from the provisions of this act or the rules and regulations adopted pursuant hereto.
Variances and renewals thereof may be granted for any one of the following reasons:
(a) There is no practicable means known or available for the adequate control
of the pollution involved.
(b) Compliance with the particular requirement or requirements from which
a variance is sought will necessitate the taking of measures which, because of their
extent or cost, must be spread over a considerable period of time. A variance granted
for this reason shall prescribe a timetable for the taking of the measures required.
(c) To relieve or prevent hardship of a kind other than those provided for in
paragraphs (a) and (b). Variances and renewals thereof granted under authority of
this paragraph shall each be limited to a period of 24 months, except that variances
granted pursuant to part II may extend for the life of the permit or certification.
(2) No variance shall be granted from any provision or requirement
concerning hazardous waste management which would result in the provision or
requirement being less stringent than a comparable federal provision or
requirement, except as provided in s. 403.7221.
(3) The department shall publish notice, or shall require a petitioner for a
variance to publish notice, in the Florida Administrative Weekly and in a newspaper
of general circulation in the area affected, of proposed agency action; and the
department shall afford interested persons an opportunity for a hearing on each
application for a variance. If no request for hearing is filed with the department
within 14 days of published notice, the department may proceed to final agency
action without a hearing.
(4) The department may require by rule a processing fee for and may
prescribe such time limits and other conditions to the granting of a variance as it
deems appropriate.
History.--s. 21, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 74-170; s. 14, ch. 78-95; s. 7, ch. 82-27;
s. 21, ch. 86-186.


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17-3.011 Findings, Declaration and Intent
(1) Article II, Section 7 of the Florida Constitution requires abatement of
water pollution, and conservation and protection of Florida's natural resources and
scenic beauty.
(2) Congress, in Section 101(a)(2) of the Federal Water Pollution Control Act,
as amended, declares that achievement by July 1, 1983, of water quality sufficient for
the protection and propagation of fish, shellfish, and wildlife, as well as for recreation
in and on the water, is an interim goal to be sought wherever attainable. Congress
further states, in Section 101(a)(3), that it is the national policy that the discharge of
toxic pollutants in toxic amounts be prohibited.
(3) The present and future most beneficial uses of all waters of the State have
been designated by the Department by means of the classification system set forth in
this Chapter pursuant to Subsection 403.061(10), F.S. Water quality standards are
established by the Department to protect these designated uses.
(4) Because activities outside the State sometimes cause pollution of Florida's
waters, the Department will make every reasonable effort to have such pollution
abated.
(5) Water quality standards apply equally to and shall be uniformly enforced
in both the public and private sector.
(6) Public interest shall not be construed to mean only those activities
conducted solely to provide facilities or benefits to the general public. Private
activities conducted for private purposes may also be in the public interest.
(7) The Commission, recognizing the complexity of water quality
management and the necessity to temper regulatory actions with the technological
progress and the social and economic well-being of people, urges, however, that there
be no compromise where discharges of pollutants constitute a valid hazard to human
health.
(8) The Commission requests that the Secretary seek and use the best
environmental information available when making decisions on the effects of
chronically and acutely toxic substances and carcinogenic, mutagenic, and
teratogenic substances. Additionally, the Secretary is requested to seek and
encourage innovative research and developments in waste treatment alternatives
that might better preserve environmental quality or at the same time reduce the
energy and dollar costs of operation.
(9) The present and future most beneficial uses of groundwaters of the State
shall be protected to insure the availability and utility of this invaluable resource. To
achieve such protection, the groundwaters of the State are classified and appropriate
specific water quality criteria for those classes are set forth in this Chapter.
(10) The criteria set forth in this Chapter are minimum levels which are
necessary to protect the designated uses of a water body. It is the intent of this
Commission that permit applicants should not be penalized due to a low detection
limit associated with any specific criteria.
(11)(a) The Department's rules that were adopted on March 1, 1979 regarding
water quality standards are designed to protect the public health or welfare and to
enhance the quality of waters of the State. They have been established taking into
consideration the use and value of waters of the State for public water supplies,
propagation of fish and wildlife, recreational purposes, and agricultural, industrial,
and other purposes, and also taking into consideration their use and value for
navigation.
(b) Under the approach taken in the formulation of the rules adopted in this
proceeding:
1. The Department's rules that were adopted on March 1, 1979 regarding
water quality standards are based upon the best scientific knowledge related to the
protection of the various designated uses of waters of the State; and


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DRAFT -- Water Supply Policy Document


2. The mixing zone, zone of discharge, site specific alternative criteria,
exemption, and equitable allocation provisions are designed to provide an
opportunity for the future consideration of factors relating to localized situations
which could not adequately be addressed in this proceeding, including economic and
social consequences, attainability, irretrievable conditions, natural background, and
detectability.
(c) This is an even-handed and balanced approach to attainment of water
quality objectives. The Commission has specifically recognized that the social,
economic and environmental costs may, under certain special circumstances,
outweigh the social, economic and environmental benefits if the numerical criteria
are enforced statewide. It is for that reason that the Commission has provided for
mixing zones, zones of discharge, site specific alternative criteria, exemptions and
other provisions in Chapters 17-3, 17-302, 17-4, and 17-6, F.A.C. Furthermore, the
continued availability of the moderating provisions is a vital factor providing a basis
for the Commission's determination that water quality standards applicable to water
classes in the rule are attainable taking into consideration environmental,
technological, social, economic and institutional factors. The companion provisions of
Chapters 17-4 and 17-6, F.A.C., approved simultaneously with these Water Quality
Standards are incorporated herein by reference as a substantive part of the State's
comprehensive program for the control, abatement and prevention of water pollution.
(d) Without the moderating provisions described in (b)2. above, the
Commission would not have adopted the revisions described in (b)l. above nor
determined that they are attainable as generally applicable water quality standards.
Specific Authority: 403.061,403.062 403.087 403.504 403.704,403.804,403.805, F.S.
Law Implemented: 403.021 403.061 403.085 403.086, 403.087, 403.088, 403.101,
403.141,403.[61 403.182,403.502 403.702 403.768, 402.80, F.S.
History: Formerly 28-5.01, 17-3.01, Amended and Renumbered 3-1-79, Amended 2-1-83, 10-4-
89,1-28.90.


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DRAFT -- Water Supply Policy Document


DER 1990


WATER POLICY


CHAPTER 17-40
WATER POLICY


17-40.001
17-40.020
17-40.030
17-40.040
17-40.050
17-40.060
17-40.070
17-40.080
17-40.090
17-40.100


Declaration and Intent, Transferred to 17-40.110.
Definitions, Transferred to 17-40.210.
General Water Policy, Transferred to 17-40.310.
Water Use, Transferred to 17-40.401.
Water Transport, Transferred to 17-40.402.
Water Quality, Transferred to 17-40.403.
Surface Water Management, Transferred to 17-40.404.
Minimum Flows and Levels, Transferred to 17-40.405.
District Water Management Plans, Transferred to 17-40.501.
Review and Application, Transferred to 17-40.601.


PART I GENERAL WATER POLICY


17-40.110
17-40.120


Declaration and Intent.
Department Rules.


PART II DEFINITIONS


17-40.210


Definitions.


PART III GENERAL PROVISIONS


17-40.310


General Policies.


PART IV RESOURCE PROTECTION AND MANAGEMENT


17-40.401
17-40.402
17-40.403
17-40.404
17-40.405


Water Use and Reuse.
Water Transport.
Water Quality.
Surface Water Management.
Minimum Flows and Levels.


PART V WATER PROGRAM DEVELOPMENT


17-40.501


District Water Management Plans.


PART VI WATER PROGRAM ADMINISTRATION AND EVALUATION


17-40.601


Review and Application.


08-14-90


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17-40


WAT R OLICY 17-40






DRAFT -- Water Supply Policy Document


DER 1990


WATER POLICY


17-40.001 Declaration and Intent.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-40.01.
Transferred to 17-40.110.

17-40.020 Definitions.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-40.02.
Transferred to 17-40.210.

17-40.030 General Water Policy.
Specific Authority: 373.026,373.043,403.805, F.S.
Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-40.03.
Transferred to 17-30.310.


Amended 12-5-88.




Amended 12-5-88.




Amended 12-5-88.


17-40.040 Water Use.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: New 5-5-81. Amended 2-4-82, 12-5-88. Previously numbered as 17-40.04.
Transferred to 17-40.401.


17-40.050 Water Transport.
Specific Authority: 373.026, 373.043, 403.805. F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: New 5-5-81. Previously numbered as 17-40.05.
Transferred to 17-40.402.

17-40.060 Water Quality.
Specific Authority: 403.061,373.026,373.043,403.805, F.S.
Law Implemented: 373.039,403.021, F.S.
History: New 5-5-81. Previously numbered as 17-40.06.
Transferred to 17-40.403.

17-40.070 Surface Water Management.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 363.016, Part IV, 373, F.S.
History: New 5-5-81. Previously numbered as 17-40.07.
Transferred to 17-40.404.


Amended 12-5-88.




Amended 12-5-88.




Amended 12-5-88.


17-40.080 Minimum Flows and Levels.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016,373.042, 373.086, 373.175, 373.246, F.S.
History: New 5-5-81. Previously numbered as 17-40.08. Amended 12-5-88.
Transferred to 17-40.405.

08-14-90


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I






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DER 1990 WATER POLICY 17-40

17-40.090 District Water Management Plans.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, 373.033, 373.042, 373.106, 373.114, F.S.
History: New -5-5-81. Previously numbered as 17-40.09. Amended 12-5-88.
Transferred to 17-40.501.
17-40.100 Review and Application.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, 373.033, 373.042,373.106, 373.114, F.S.
History: New 5-5-81. Previously numbered as 17-40.10. Amended 12-5-88.
Transferred to 17-40.601.
17-40.110 Declaration and Intent.
(1) The waters of the state are among its basic resources. Such waters should be
managed to conserve and protect natural resources and scenic beauty and to realize
the full beneficial use of the resource. Recognizing the importance of water to the
state, the Legislature passed the Water Resources Act, Chapter 373, Florida
Statutes, and the Air and Water Pollution Control Act, Chapter 403, Florida
Statutes. Additionally, numerous goals and policies within the State Comprehensive
Plan, Chapter 187, Florida Statutes, address water resources and natural systems
protection.
(2) This Chapter is intended to clarify water policy as expressed in Chapters
187, 373, and 403, Florida Statutes, and to otherwise provide guidance to the
Department and Districts in the development of programs, rules, and plans. Local
governments shall consider state water policy in the development of their
comprehensive plans required by Chapter 163, Florida Statutes.
(3) This Chapter does not repeal, amend or otherwise alter any rule now
existing or later adopted by the Department or District. However, procedures are
included in this Chapter which provide for the review and modification of
Department and District rules to assure consistency with the provisions of this
Chapter.
(4) It is the intent of the Department, in cooperation with the Water
Management Districts, to seek adequate sources of funding to supplement District ad
valorem taxes to implement the provisions of this Chapter.
Specific Authority: 373.026(7), 373.026(10), 373.043,403.061(33), 403.805, F.S.
Law Implemented: 373.016, 373. 114, 403.061(33), 403.0891, F.S.
History: New 5-5-81. Previously numbered as 17-40.01. Amended 12-5-88.
Previously numbered 17-40.001, Amended 8-14-90.
17-40.120 Department Rules.
State water policy shall also include the following Department rules:
(1) Water Quality Standards, Chapter 17-3, F.A.C.
(2) Surface Water Quality Standards, Chapter 17-302, F.A.C.
(3) Surface Water Improvement and Management, Chapter 17-43, F.A.C.
Specific Authority: 373.026(7), 373.026(10), 373.043,403.061(33), 403.805, F.S.
Law Implemented: 373.016,373.114,403.061(33), 403.0891, F.S.
History: New 8-14-90.

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PART II DEFINITIONS
17-40.210 Definitions.
When used in this rule or any other rule of the Department or District, unless
the context or content of such other rule requires a narrower, more specific meaning,
the following words shall mean:
(1) "Aquifer" shall mean a geologic formation, group of formations, or part of
a formation that contains sufficient saturated permeable material to yield useful
quantities of ground water to wells, springs or surface water.
(2) "Consumptive use" means any use of water which reduces the supply from
which it is withdrawn or diverted.
(3) "Department" means the Department of Environmental Regulation.
(4) "Detention" means the delay of stormwater runoff prior to its discharge.
(5) "District" means a Water Management District created pursuant to
Chapter 373, Florida Statutes.
(6) "Drainage basin" means a subdivision of a watershed.
(7) "Effluent", unless specifically stated otherwise, means water that is not
reused after flowing out of any wastewater treatment facility or other works used for
the purpose of treating, stabilizing, or holding wastes.
(8) "Florida Water Plan" means the State Water Use Plan formulated
pursuant to Section 373.036, Florida Statutes, together with the water quality
standards and water classifications adopted by the Department.
(9) "Governing Board" means the governing board of a water management
district.
(10) "Ground water" means water beneath the surface of the ground, whether
or not flowing through known and definite channels.
(11) "Nutrient limitations" means those numeric values which establish a
maximum or minimum allowable nutrient loading or concentration, as appropriate,
for a specific nutrient, through an individual permit or other action within the
regulatory authority of the Department or a District. These limitations serve to
implement state water quality standards.
(12) "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.
(13) "Reclaimed water" means water that has received at lease secondary
treatment and is reused after flowing out of a wastewater treatment facility.
(14) "Retention" means the prevention of stormwater runoff from direct
discharge.
(15) "Reuse" means the deliberate application of reclaimed water, in
compliance with Department and District rules, for a beneficial purpose.
(a) Where appropriate, said uses may encompass:
1. Landscape irrigation (such as irrigation of golf courses, cemeteries,
highway medians, parks, playgrounds, school yards, retail nurseries, and residential
properties);
2. Agricultural irrigation (such as irrigation of food, fiber, fodder and seed
crops, wholesale nurseries, sod farms, and pastures);
3. Aesthetic uses (such as decorative ponds and fountains);

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4. Groundwater recharge (such as slow rate, rapid-rate, and absorption field
land application systems) but not including disposal methods described in Rule 17-
40.210(15)(b), F.A.C.;
5. Industrial uses (such as cooling water, process water, and wash waters);
6. Environmental enhancement of surface waters resulting from discharge of
reclaimed water having received at least advanced wastewater treatment or from
discharge of reclaimed water for wetlands restoration;
7. Fire protection; or
8. Other useful purpose.
(b) Overland flow land application systems, rapid-rate land application
systems providing continuous loading to a single percolation cell, other land
application systems involving less than secondary treatment prior to application,
septic tanks, and groundwater disposal systems using Class I wells injecting effluent
or wastes into Class G-IV waters shall be excluded from the definition of reuse.
(16) "Secretary" means the Secretary of the Department of Environmental
Regulation.
(17) "State Water quality standards" means water quality standards adopted
by the Environmental Regulations Commission pursuant to Chapter 403, Florida
Statues, including standards comprised of designated most beneficial uses
(classification of waters), the numerical and narrative criteria applied to the specific
water use or classification, the Florida anti-degradation policy, and the moderating
provisions contained in Rules 17-3 and 17-4, F.A.C.
(18) "State Water use Plan" means the plan formulated pursuant to Section
373.036, Florida Statutes, for the use and development of waters of the State.
(19) "Stormwater" means the water which results from a rainfall event.
(20) "Stormwater management program" means the institutional strategy for
stormwater management, including urban, agricultural, and other stormwater.
(21) "Stormwater management system means a system which is designed and
constructed or implemented to control stormwater, incorporating methods to collect,
convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or reduce
flooding, over-drainage, environmental degradation and water pollution or otherwise
affect the quantity and quality of discharges from the system.
(22) "Stormwater utility" means the entity through which funding for a
stormwater management program is obtained, by assessing the cost of the program to
the beneficiaries based on their relative contribution to its need. It is operated as a
typical utility which bills services regularly, similar to water and wastewater
services.
(23) "Surface water" means water upon the surface of the earth, whether
contained in bounds created naturally or artificially or diffused. Water from natural
springs shall be classified as surface water when it exits from the spring onto the
earth's surface.
(24) "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 showing beneath the surface of the ground, as well as all coastal waters
within the jurisdiction of the state.

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(25) "Watershed" means the land area which contributes to the flow of water
into a receiving body of water.
(26) "Wetlands" means those areas that are inundated or saturated by surface
or ground water with a frequency sufficient to support, and under normal
circumstances do or would support, a prevalence of vegetative or aquatic life that
requires saturated or seasonably saturated soil conditions for growth and
reproduction, such as swamps, marshes, bayheads, cypress ponds, sloughs, wet
prairies, wet meadows, river overflows, mud flats and natural ponds. This definition
does not alter the Department's jurisdiction over dredging and filling activities in
wetlands as defined in Section 403.911(7), F.S.
Specific Authority: 373.026(7), 373.026(10), 373.043,403.061(33), 403.805, F.S.
Law Implemented: 373.016,373.114,403.061(33), 403.0891, F.S.
History: New 5-5-81. Previously numbered as 17-40.02. Amended 12-5-88.
Previously numbered 17-40.020, Amended 8-14-90.

PART III GENERAL PROVISIONS
17-40.310 General Policies
The following statement of general water policy shall provide a basis for
Department review of water management programs, rules, and plans. Water
management programs, rules and plans, where economically and environmentally
feasible, not contrary to the public interest, and consistent with Florida law, shall
seek to:
(1) Assure availability of an adequate and affordable supply of water for all
reasonable-beneficial uses. Uses of water authorized by a permit shall be limited to
reasonable-beneficial uses.
(2) Reserve from use that water necessary to support essential non-
withdrawal demands, including navigation, recreation, and the protection offish and
wildlife.
(3) Champion and develop sound water conservation practices and public
information programs.
(4) Advocate and direct the reuse of reclaimed water as an integral part of
water management programs, rules, and plans consistent with protection of the
public health and surface and ground water quality.
(5) Encourage the use of water of the lowest acceptable quality for the purpose
intended.
(6) Utilize, preserve, restore, and enhance natural water management
systems and discourage the channelization or other alteration of natural rivers,
streams and lakes.
(7) Protect the water storage and water quality enhancement functions of
wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement
of laws, and the application of land and water management practices which provide
for compatible uses.
(8) Protect aquifers from depletion through water conservation and
preservation of the functions of high recharge areas.
(9) Identify and protect existing and future public water supply areas from
contamination.
(10) Mitigate adverse impacts resulting from prior alteration of natural
hydrologic patterns and fluctuations in surface and ground water levels.
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(11) Establish minimum flows and levels to protect water resources and the
environmental values associated with marine, estuarine, freshwater, and wetlands
ecology.
(12) Encourage nonstructural solutions to water resource problems and give
adequate consideration to nonstructural alternatives whenever structural works are
proposed.
(13) Encourage the management of floodplains and other flood hazard areas to
prevent or reduce flood damage, consistent with establishment and maintenance of
desirable hydrologic characteristics of such areas.
(14) Manage the construction and operation of facilities which dam, divert, or
otherwise alter the flow of surface waters to prevent increased flooding, soil erosion or
excessive drainage.
(15) Encourage the development of local and regional water supplies within
districts rather than transport water across District boundaries.
(16) Restore and protect the quality of ground and surface water by ensuring
high quality treatment for stormwater and wastewater.
(17) Develop interstate agreements and undertake cooperative programs with
Alabama and Georgia to provide for coordinated management of surface and ground
waters.
Specific authority: 373.026, 373.026(10), 403.0891, 373.043,403.805, F.S.
Law Implemented: 373.016, F.S.
History: New 5-5-81. Previously numbered as 17-40.03. Amended 12-5-88.
Previously numbered as 17-4.030, Amended 8-14-90.

PART IV RESOURCE PROTECTION AND MANAGEMENT

17-40.401 Water Use and Reuse.
The following shall apply to those areas where the use of water is regulated
pursuant to Part II of Chapter 373, Florida Statutes:
(1) No permit shall be granted to authorize the use of water unless the
applicant establishes that the proposed use is a reasonable-beneficial use, will not
interfere with presently existing legal uses of water and is consistent with the public
interest.
(2) In determining whether a water use is a reasonable-beneficial use,
consideration should be given to any evidence presented concerning the following
factors:
(a) The quantity of water requested for the use;
(b) The demonstrated need for the use;
(c) The suitability of the use to the source of water;
(d) The purpose and value of the use;
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by adjusting the quantity or
method of use;
(g) Whether the impact of the withdrawal extends to land not owned or
legally controlled by the user;
(h) The method and efficiency of use;
(i) Water conservation measures taken or available to be taken;
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(j) The availability of reclaimed water for and the practicality of reuse, or the
use of waters of more suitable quality;
(k) The present and projected demand for the source of water;
(1) The long term yield available from the source of water;
(m) The extent of water quality degradation caused;
(n) Whether the proposed use would cause or contribute to flood damage; and
(o) Whether the proposed use would significantly induce saltwater intrusion;
(p) The amount of water which can be withdrawn without causing harm to
the resource;
(q) Whether the proposed use would adversely affect public health; and
(r) Other relevant factors.
(3) Water shall be reserved from permit use in such locations and quantities,
and for such seasons of the year, as in the judgement of the Department or District
may be required for the protection of fish and wildlife or the public health or safety.
(4) Conservation of water shall be required unless not economically or
environmentally feasible.
(5) The Districts shall designate areas that have water supply problems
which have become critical or are anticipated to become critical within the next 20
years. The Districts shall identify such critical water supply problem areas during
preparation of a District Plan pursuant to Rule 17-40.501, F.A.C., and shall adopt
these designations by rule by November 1, 1991. A reasonable amount of reuse of
reclaimed water from domestic wastewater treatment facilities shall be required
within designated critical water supply problem areas unless such reuse is not
economically, environmentally, or technically feasible. The Districts shall
periodically update their designations of critical water supply problem areas by rule.
Such updates shall occur within one year after updates of the District Plan prepared
pursuant to Rule 17-40.501, F.A.C. After completion of the District Plan or updates
pursuant to Rule 17-40.501, F.A.C., the Districts may limit areas where reuse shall
be required to areas where reuse is specified as a remedial or preventive action
pursuant to Rule 17-40.501(2), F. A. C. Any such limitation of areas where reuse
shall be required shall be required shall be designated by rule.
(6) A reasonable amount of reuse of reclaimed water form domestic
wastewater treatment facilities may be required outside of areas designated
pursuant to Rule 17-40.401(5), F.A.C., as subject to critical water supply problems
provided:
(a) Reclaimed water is readily available; and
(b) The district has adopted rules for reuse in these areas.
(7) The Department encourages local governments to implement programs
for reuse of reclaimed water. These rules shall not be deemed to preempt any such
local reuse programs.
(8) In implementing consumptive use permitting programs, the Department
and the Districts shall recognize the rights of property owners, as limited by law, to
make consumptive uses of water from their land, and the rights of other users, as
limited by law, to make consumptive uses of water, for reasonable-beneficial uses in a
manner consistent with the public interest that will not interfere with any presently
existing legal use of water.

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(9) Permits authorizing consumptive uses of water which cause unanticipated
significant adverse impacts on off-site land uses existing at the time of permit
application, or on legal uses of water existing at the time of permit application,
should be considered for modification, to curtail or abate the adverse impacts, unless
the impacts can be mitigated by the permitted.
Specific Authority: 373.026,373.043,403.064,403.805, F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: New 5-5-81. Amended 2-4-82, 12-5-88. Previously numbered as 17-40.04.
Previously numbered as 17-40.040, Amended 8-14-90.
17-40.402 Water Transport.
The following shall apply to the transfers of water where such transfers are
regulated pursuant to Part II of Chapter 373, Florida Statutes:
(1) The transport or use of water across District boundaries shall require
approval of each involved District.
(2) In deciding whether the transport and use of water across District
boundaries is consistent with the public interest pursuant to Section 373.223, Florida
Statutes, the Districts should consider the extent to which:
(a) Comprehensive water conservation and reuse programs are implemented
and enforced in the area of need.
(b) The major costs, benefits, and environmental impacts have been
adequately determined including the impact on both the supplying and receiving
areas;
(c) The transport is an environmentally and economically acceptable method
to supply water for the given purpose;
(d) The present and projected water needs of the supplying area are
reasonably determined and can be satisfied even if the transport takes place;
(e) The transport plan incorporates a regional approach to water supply and
distribution including, where appropriate, plans for eventual interconnection of
water supply sources; and
(f) The transport is otherwise consistent with the public interest based upon
evidence presented.
Specific Authority: 373.026,373.043,403.805, F.S.
Law Implemented: 373.016, Part II, 373, F.S.
History: New 5-5-81. Previously numbered as 17-40.05. Amended 12-5-88.
Previously numbered 17-40.050.
17-40.403 Water Quality.
(1) Water quality standards shall be enforced pursuant to Chapter 403,
Florida Statutes, to protect waters of the State from point and non-point sources of
pollution.
(2) State water quality standards adopted by Department rule shall be a part
of the Florida Water Plan.
Specific Authority: 403.061,373.026,373.043,403.805, F.S.
Law Implemented: 373.039,403.021, F.S.
History: New 5-5-81. Previously numbered as 17-40.06. Amended 12-5-88.
Previously numbered 17-40.060.

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17-40.404 Surface Water Management.
The following shall apply to the regulation of surface waters pursuant to Part
IV, Chapter 373, Florida Statutes.
(1) The construction and operation of facilities which manage or store surface
waters, or other facilities which drain, divert, impound, discharge into, or otherwise
impact waters in the State, and the improvements served by such facilities, shall not
be harmful to water resources or inconsistent with the objectives of the Department
or District.
(2) In determining the harm to water resources and consistency with the
objectives of the Department or District, consideration should be given to:
(a) The impact of the facilities on:
1. recreation,
2. navigation,
3. water quality,
4. fish and wildlife,
5. wetlands, floodplains, and other environmentally sensitive lands,
6. saltwater or pollution intrusion, including any barrier line established
pursuant to Section 373.033, Florida Statutes,
7. reasonable-beneficial uses of water,
8. minimum flows and levels established pursuant to Section 373.042,
Florida Statutes, and
9. other factors relating to the public health, safety, and welfare;
(b) Whether the facilities meet applicable design or performance standards;
(c) Whether adequate provisions exist for the continued satisfactory
operation and maintenance of the facilities;
(d) The ability of the facilities and related improvements to avoid increased
damage to offsite property or the public caused by:
1. floodplain development, encroachment or other alteration,
2. retardance, acceleration or diversion of flowing water,
3. reduction of natural water storage areas,
4. facility failure, or
5. other actions adversely impacting offsite water flows or levels.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 363.016, Part IV, 373, F.S.
History: New 5-5-81. Previously numbered as 17-40.07. Amendedl2-5-88.
Previously numbered 17-40.070.
17-40.405 Minimum Flows and Levels.
(1) In establishing minimum flows and levels pursuant to Section 373.042,
consideration shall be given to the protection of water resources, natural seasonal
fluctuations in water flows or levels, and environmental values associated with
coastal, estuarine, aquatic, and wetlands ecology, including:
(a) Recreation in and on the water;
(b) Fish and wildlife habitats and the passage offish;
(c) Estuarine resources;
(d) Transfer ofdetrital material;
(e) Maintenance of freshwater storage and supply;
(f) Aesthetic and scenic attributes;

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(g) Filtration and absorption of nutrients and other pollutants;
(h) Sediment loads;
(i) Water quality; and
(j) Navigation.
(2) Established minimum flows and levels shall be a consideration where
relevant to:
(a) The construction and operation of water resource projects;
(b) The issuance of permits pursuant to Part II, Part IV, and Section 373.086,
Florida Statutes; and
(c) The declaration of a water shortage pursuant to Section 373.175 or Section
373.246, Florida Statutes.
Specific Authority: 373.026,373.043,403.805, F.S.
Law Implemented: 373.016, 373.042, 373.086, 373.175, 373.246, F.S.
History: New 5-5-81. Previously numbered as 17-40.08. Amended 12-5-88.
Previously numbered 17-40.080.

PART V WATER PROGRAM DEVELOPMENT
17-40.501 District Water Management Plans.
(1) A water management plan shall be prepared by each District which is
consistent with the provisions of this Chapter and Section 373.036, Florida Statutes.
The District Plan shall include an assessment of water needs and sources for the next
20 years. The District Plan shall identify specific geographical areas that have water
resource problems which have become critical or are anticipated to become critical
within the next 20 years. Identification of critical water supply problem areas needed
for imposition of reuse requirements pursuant to Rule 17-40.401(5), F.A.C., may be
accomplished before publication of the complete District Plan.
(2) Based on economic, environmental, and technical feasibility analyses, a
course of remedial or preventive action shall be specified for each current and
anticipated future critical problem.
(3) Remedial or preventive measures may include, but are not limited to,
water resource projects; water resources restoration projects pursuant to Section
403.0615, Florida Statutes; purchase of lands; conservation of water; reuse of
reclaimed water; enforcement of Department or District rules; and actions taken by
local government pursuant to a Local Government Comprehensive Plan, local
ordinance, or zoning regulation.
(4) District Plans shall also provide for identifying areas where collection of
data, water resource investigations, water resource projects, or the implementation of
regulatory programs are necessary to prevent water resource problems from
becoming critical.
(5) By November 1, 1989, each District shall prepare a detailed plan of study
for the preparation of the District Plan.
(6) District Plans shall be developed expeditiously and may be phased. All
District Plans shall be completed no later than November 1, 1994.

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(7) At a minimum, District Plans shall be updated every five years after the
initial plan development.
Specific Authority: 373.026,373.043, 403.805, F.S.
Law Implemented: 373.016,373.033,373.042, 373.106,373.114, F.S.
History: New 5-5-81. Previously numbered as 17-40.09. Amended 12-5-88.
Previously numbered 17-40.090, Amended 8-14-90.

PART VI WATER PROGRAM ADMINISTRATION AND EVALUATION
17-40.601 Review and Application.
(1) This Chapter shall be reviewed periodically, but in no case less frequently
than once every four years. Revisions, if any, shall be adopted by rule.
(2) Within 12 months after adoption or revision of this Chapter, the
Department, in coordination with the Districts, shall review existing rules for
consistency with the provisions contained herein.
(3) District rules adopted after this Chapter takes effect shall be reviewed by
the Department for consistency with this Chapter.
(4) At the request of the Department, each District shall initiate rulemaking
pursuant to Chapter 120, Florida Statutes, to consider changes the Department
determines to be necessary to assure consistency with this Chapter. The Department
shall be made a party to the proceeding.
(5) District water policies may be adopted which are consistent with this
Chapter, but which take into account differing regional water resource
characteristics and needs.
(6) A District shall initiate rulemaking to consider implementation of
programs pursuant to Sections 373.033, 373.042, 373.106, Part III, or Part IV of
Chapter 373, Florida Statutes, where the Department or District determines that
present or projected conditions of water shortages, saltwater intrusion, flooding,
drainage, or other water resource problems, prevent or threaten to prevent the
achievement of reasonable-beneficial uses, the protection of fish and wildlife, or the
attainment of other water policy directives.
(7) The Department and Districts shall assist other governmental entities in
the development of plans, ordinances or other programs to promote consistency with
this Chapter and District water management plans.
(8) Duplication of water quality and quantity permitting functions should be
eliminated where appropriate through delegation of Department responsibilities to
Districts.
(9) The Department and Districts should assist educational institutions in the
development of educational curricula and research programs which meet Florida's
present and future water management needs.
Specific Authority: 373.026,373.043,403.805, F.S.
Law Implemented: 373.016,373.033,373.042,373.106,373.114, F.S.
History: New 5-5-81. Previously numbered as 17-40.10. Amended 12-5-88.
Previously numbered 17-40.100.


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