Title: Changes to 40D-80.011 Policy and Purpose; Legislative Direction
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Permanent Link: http://ufdc.ufl.edu/WL00004776/00001
 Material Information
Title: Changes to 40D-80.011 Policy and Purpose; Legislative Direction
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Changes to 40D-80.011 Policy and Purpose; Legislative Direction (JDV Box 39)
General Note: Box 29, Folder 3 ( Water Supply Funding & Development - 1997 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004776
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

flPU-22-1900 09: 12


Charles Littlejohn &Associates4

ENVIRONMENTAL AND GOVERNMENTAL AFFAIRS

6*10,19


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Page 8-1, lines 19-32, strike all of said lines and insert:

40D-80.011 Policy and Purpose; Legislative Direction

(1) The purpose of Chapter 40D-8 is to establish Minimum Flows and Levels at specific
locations throughout the District upon consideration of changes and structural alterations to
watersheds, surface waters pursuant to the provisions ofs. 373.0421 and provided that such
consideration shall not allow significant harm, and to describe Guidance Levels for lakes.

(2) Pursuant to the provisions of s. 373.042(2) and (3), F.S., the establishment of
minimum flows and levels for waters on the priority list adopted by the District pursuant to
F.A.C., satisfy the provisions of s. 373.042(1), F.S.

(3) Pursuant to the provisions ofs. 373.0421(a), F.S., when establishing minimum flows
and levels the district will consider both the effects of changes and structural alterations to
watersheds, surface waters, and aquifers as well as the constraints such changes or alterations
have placed on the hydrology of an affected watershed, surface water, or aquifer provided that
such consideration shall not allow significant harm as provided for in s. 373.042(1).

(4) Pursuant to the provisions of s. 373,0421(b)1., F.S., the District may determine that
setting a minimum flow or level for a water body based on its historical condition is not
appropriate provided;

(a) the water body no longer serves its historical hydrologic function; and either
(b) recovery of the water body to historical conditions may not be economically or
technically feasible; or
(c) such recovery could cause adverse environmental or hydrologic impacts.

(5) Pursuant to the provisions of s. 373.0421(b)2., F.S., the District is not required to
establish minimum flows or levels for surface water bodies of less than 25 acres in area, unless the
District determines that the water body or bodies, individually or cumulatively, have significant
economic, environmental, or hydrologic value.

(6) Pursuant to the provisions of s. 373.0421(b)3., F.S., the District may not set minimum
flows or levels for surface water bodies constructed prior to the requirement for a permit, or
pursuant to an exemption, a permit, or a reclamation plan which regulates the size, depth, or
function of the surface water body under the provisions of chapter 373, chapter 378, or chapter
403, unless the constructed surface water body is of significant hydrologic value or is an essential
element of the water resources of the area.

(7) Pursuant to the provisions of s. 373.0421(2), F.S., if an existing flow or level in a
water body is below, or is projected to fall below, the applicable minimum flow or level, the
District will expeditiously implement a recovery or prevention strategies, which includes the
development of additional water supplies and other actions, to:


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(a) Achieve recovery to the established minimum flow or level as soon as practicable; or
(b) Prevent the existing flow or level from falling below the established minimum flow or
level.

The recovery or prevention strategy will include phasing or a timetable which will allow for the
provision of sufficient water supplies for all existing and projected reasonable-beneficial uses,
including development of additional water supplies and implementation of conservation and other
efficiency measures concurrent with to the extent practical, and to offset, reductions in permitted
withdrawals, consistent with the provisions of this chapter.

(8) A further purpose of Chapter 40D-8 is to establish flood levels and warning levels for
surface waters which are anticipated to occur on a somewhat regular basis, and which shall serve
as a precautionary warning to all persons who would propose to construct facilities which may be
damaged by periodic high water levels,





FUG-22-1900 09:13 P. 04




Page 8-10, line 41, after "wetlands" insert:

of 25 acres or greater in area, or wetlands of less than 25 acres in area which the district
has determined to have, individually or cumulatively, significant economic, environmental,
or hydrologic value.





FlUG-22-1900 09:13


Page 8-11, line 34, after "lakes" insert;

of 25 acres or greater in area, or lakes of less than 25 acres in area which the district has
determined to have, individually or cumulatively, significant economic, environmental, or
hydrologic value.


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