Title: Public Workshop Draft of the Florida Water Plan Dated August 15, 1995
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Title: Public Workshop Draft of the Florida Water Plan Dated August 15, 1995
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Abstract: Jake Varn Collection - Public Workshop Draft of the Florida Water Plan Dated August 15, 1995 (JDV Box 39)
General Note: Box 29, Folder 8 ( Florida Water Plan - 1995 ), Item 5
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Full Text


Department of

Environmental Protection

Marjory Stoneman Douglas Building
Lawton Chiles 3900 Commonwealth Boulevard Virginia B. Wetherell
Governor Tallahassee, Florida 32399-3000 Secretary


To: Florida Water Plan Team (list attached) RECEIV
RECEIVED
From: *amela P. McVety, Executive Coordinator
S'Office of Ecosystem Management AUG 16 IM
Carlton Fields Tallahasee
Date: August 15, 1995 .*,. v"rn

Subject: Public Workshop Draft of the Florida Water Plan


We have finally reached the public workshop stage of our efforts to develop the Florida Water
Plan. On behalf of the Department of Environmental Protection, I want to thank each of you for
your help in bringing our efforts to this point. Without your active participation in the process, we
could not have done it. Special thanks is extended to representatives of the water management
districts, who labored long and hard to provide suggestions for improving earlier drafts of the
Plan and help us facilitate the process.

Attached is a copy of the workshop draft of the Florida Water Plan, dated August 4, 1995. We
have tried our best to incorporate all of the written comments received on the June 2, 1995,
version, and hope that we did not overlook any major points. While we can all enjoy a sense of
accomplishment, our job as a team is not over. We still need your reactions to the workshop draft,
and hope you will participate in one or more of the public workshops. A copy of the workshop
schedule is also attached.

We also plan to convene a "post-workshop" team meeting in Tallahassee to discuss the results of
our workshops around the state, and determine further Plan revisions to be made. That meeting is
scheduled for October 10, at 10:00 a.m., in Conference Room A of the Marjory Stoneman
Douglas Building, 3900 Commonwealth Boulevard.

Subsequent to the "post-workshop" meeting, we will produce a Public Hearing Draft of the
Florida Water Plan. A public hearing to adopt the final plan is scheduled for November 27, 1995,
at 9:00 a.m. in Room 609, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee.

PPM/lb
Enclosures

cc: Virginia Wetherell




"Protect. Conserve cnd Moanoge Florda's Envrrorner~n anod N' a.;,roi Resouces


Prnted on recycled paper.









Recipients of August 15, 1995 Memorandum/Florida Water Plan Workshop Draft


Government:


FDEP
Dan Thompson
Nevin Smith
Kirby Green
Richard Harvey
Pete Mallison
Ken Haddad
John Outland
Mary Williams
Ed Conklin
William Bostwick
Al Bishop


Pam McVety
Ken Plante
Terry Pride
Jerremy Craft
Mark Latch
Fred Calder
Chuck Aller
Ernie Barnett
Jim Lewis
Richard Garrity
Anna Marie Hartman


GeoffMansfield
Dale Patchett
David York
Tom Swihart
Lou Burney
Jim Stoutamire
Bryan Baker
Mark Glisson
Bobby Cooley
Peter Ware


Fran Mainella
Rodney DeHan
James Higman
Linda McCarthy
Al Culpepper
Chris Person
Don Jensen
Dave Worley
Ernest Frey
Carlos Rivero-deAguilar


Water Management Districts
Doug Barr (NWFWMD)
Jerry Scarborough (SRWMD)
Henry Dean (SJRWMD)
Peter Hubbell (SWFWMD)
Sam Poole (SFWMD)


Chris Howell (NWFWMD)
Kirk Webster (SRWMD)
Robert Christianson (SJRWMD)
Richard Owen (SWFWMD)
Frank Duke (SFWMD)


Governor's Office
Teresa Tinker


Paul Carlson


Estus Whitfield


Legislative
Sally Bond Mann, WMD Review Commission
John Mitchell, House Select Committee on Water Policy
Wayne Voigt, Senate Natural Resources Committee

Florida State University
Jim Anderson Linda Lampl

University of Florida
Jon Mills, Center for Governmental Responsibility
Richard Hamann, Center for Governmental Responsibility


Department of Community Affairs
Charles Pattison Jim Quinn

Department of Transportation
Bob Romig Patty Wagner


Henry Bittaker









Page 2 (continued)
Recipients of August 15, 1995 Memorandum/Florida Water Plan Workshop Draft

Department of Agriculture and Consumer Services
Rich Budell

Florida Game and Fresh Water Fish Commission
Brad Hartman


Regional Planning Councils
Tim Murphey (SFRPC)
Aaron Dowling (ECFRPC)

Regional Water Supply Authorities
Douglas G. Currier II (WCRWSA)

Counties
John Wesley White (Sarasota County)
Mira Barer (Broward County DNRP)
David Lee (Broward County DNRP)
Kari Hebrank (Association of Counties)
Gene Boles (Hillsborough Co. Planning)
Irvin Ketty (Polk County Utilities)
Pickens Talley (Pinellas County Water)

Cities
Diane Salz (Fl. League of Cities)
Kevin Denny (City of Quincy)
William Brynes (City of Perry)
Marjorie Guillory (City of Tampa)


Charles Blume (ARPC)
Wayne Daltry (SWFRPC)


Bruce Kennedy (WCRWSA


Lisa Barr (Brevard County Nat. Res. Div.)
Fred Rapach (Palm Beach County Utilities)
Robert Obering (Sarasota County Utilities)
John Zimmerman (Manatee Co. Pub. Works)
Lawrence Jennings (Hernando Co. Planning)
Pam Marlowe (Sarasota County Utilities)
Kay Adams (Hernando County Utilities)


Jim Peters (City of Tallahassee)
Don Anderson (City of Monticello)
Anita Watts (City of Apopka)


US Army Corps of Engineers
Terry Rice, District Engineer, Jacksonville District
Robert Griffin, District Engineer, Mobile District
Roger Burke, PD-F, Mobile District

United States Geological Survey
John Vecchioli, District Chief, Water Resources Division

Private Parties

Manley Fuller, Florida Wildlife Federation
Charles Lee, Florida Audubon Society
Chuck Littlejohn, Florida Chamber of Commerce
Vicki Tschinkel, Chair, Task Force on Land Use and Water Planning









Page 3 (continued)
Recipients of August 15, 1995 Memorandum/Florida Water Plan Workshop Draft

Wendy Nero, Florida Section of AWWA
Mary Lou Rajchel, Florida Phosphate Council
Gary Williams, Florida Rural Water Association
Ron Hix, Florida Electric Power Coordinating Group
Tom Dyer, Land Manager, Two Rivers Ranch
Jake Varn, Carlton Fields, Attorneys
Mark Benedict, 1000 Friends of Florida
Steve Fox, Dames and Moore, Inc.
Phil Gornicki, Florida Forestry Association
David Powell, Hopping, Boyd, Green & Sams
Parker Keen, CF Industries, Inc.
David Land, Agribusiness Group
Shirley Little, Florida Defenders of the Environment
Julie Morris, Sierra Club
Ben Parks, Florida Farm Bureau Federation
Nancy Roen, Florida Power and Light Company
Roy Roger, Arvida/JMB Partners
Nancy Stephens, Florida Chemical Industry Council
J. Ross Wilcox, Florida Power and Light Company









DRAFT FLORIDA WATER PLAN
SCHEDULE OF PUBLIC WORKSHOPS

The Department of Environmental Protection announces the following public workshops to which
all persons are invited.
Date and Time: September 18, 1995, at 7:00 P.M.
Place: Board of Directors Meeting Room
Suwannee River Water Management District
Corer of County Road 49 and U.S. Highway 90
Live Oak, Florida 32060


Date and Time:
Place:




Date and Time:
Place:



Date and Time:
Place:



Date and Time:
Place:




Date and Time:
Place:



Date and Time:
Place:


September 19, 1995, at 7:00 P.M.
Board of Directors Meeting Room
St. Johns River Water Management District
U.S. Highway 100, West
Palatka, Florida 32178-1429

September 20, 1995, at 7:00 P.M.
Pinellas County Commission Chambers
315 Court Street, 5th Floor
Clearwater, Florida 34616

September 21, 1995, at 7:00 P.M.
East Central Florida Regional Planning Council
1011 Wymore Road, Room 200
Winter Park, Florida, 32789

September 25, 1995, at 7:00 P.M.
Board of Directors Meeting Room
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33416-4680

September 27, 1995, at 7:00 P.M.
Room 502, Chappie James Building
160 Government Center
Pensacola, Florida 32501-5794

October 2, 1995, at 7:00 P.M.
Conference Room A, Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000







Public Workshop Draft

(August 4, 1995)


Florida Water Plan


1995

The Florida Water Plan is an integrated, coordinated plan prepared joint by
the Department of Environmental Protection and the five regional water
management districts to implement their statutory water management
responsibilities, in partnership with other agencies, units of government, and
interested parties. 1he plan provides statewide and regional water management
goals, priority issues, action steps, and schedules to meet the water needs of
people while maintaining, protecting, and improving the state's natural systems.



Florida Department of Environmental Protection
Northwest Florida Water Management District
St. Jolms River Water Management District
South Florida Water Management District
Southwest Florida Water Management District


Suwannee River Water Management District









Contents



Introduction and Overview

Florida's Water Challenge
Florida's State and Regional Water Management System
What is the Florida Water Plan?
What are the Purposes of the FWP?
Goals of the FWP
Fundamental Principles of the FWP
What is the legal Force of the FWP?
Relationship of the FWP to Other State-Level Planning
Plan Evaluation and Revision
Organization of the FWP


Chapter One: General Issues 9
General Goals
Background Information
General Issue 1: There are inadequate links between land and water 10
planning, and between planning and program implementation, causing
program conflicts and inefficiencies.
General Strategy 1.1: Improve the linkages between land and water
planning, and between planning and implementation programs.
General Issue 2: The failure of government, the private sector, and the 10
general public to take shared responsibility for sustaining Florida's
water resources is hindering the effectiveness of water management
efforts.
General Strategy 2.1: Promote joint responsibility for sustaining
water resources.
General Issue 3: Water management usually has not been approached 11
on a comprehensive watershed basis, which has impaired our ability
to protect water resources and related natural systems.










General Strategy 3.1: Promote and implement watershed and
ecosystem approaches. The department and the water management
districts will target ecosystems for priority attention and support
enhancement and integration of existing efforts such as SWIM and
National Estuary Programs.
General Strategy 3.2: Improve land acquisition and land
management programs to enhance protection and management of
water resources on a watershed or ecosystem basis.
General Issue 4: Better information is needed to support water 13
resource protection, restoration, and management actions.
General Strategy 4.1: Seek to assure that, where appropriate,
collection of water quality data by DEP, the WMDs, the Corps of
Engineers, local governments and others is coordinated, directed at
answering priority management questions, and is analyzed in a
method useful for making water management decisions.
General Strategy 4.2: Where water resource understandings are
deficient, apply adaptive management techniques, and balance
uncertainty in favor of avoiding irretrievable long-term commitments
which may jeopardize water resources or the long-term public
interest.

Chapter Two: Water Supply 15

Water Supply Goal
Legal Basis for Management
Background Information


Water Supply Issue 1: Demands on ground and surface water supplies 18
are exceeding or threatening to exceed sustainable yields from
particular sources.
Water Supply Strategy 1.1: Promote water conservation
Water Supply Strategy 1.2: Promote efficient and equitable allocation
of limited water among competing uses.
Water Supply Strategy 1.3: Promote alternative water supply
technologies.
Water Supply Issue 2: Depletion of easily developed local water 22
sources is increasing pressure for transfers of water.









Water Supply Strategy 2.1: Promote optimization of local sources
before consideration of long-distance transport of water.
Water Supply Issue 3: Inadequate information regarding quantities,
locations, and availability of water supplies to support new growth
hinders efforts to keep demands within the limits of water availability.
Water Supply Strategy 3.1: Enhance capabilities of DEP and WMD
programs to ensure safe, affordable and reliable supplies for all
reasonable-beneficial uses.
Water Supply Strategy 3.2: Improve coordination between state and
regional water management programs and local government
comprehensive planning, particularly in terms of providing technical
information and assistance to local governments.
Water Supply Issue 4: The quality of water supplies has been 24
degraded in many locations, and existing supplies are increasingly
threatened by contamination.
Water Supply Strategy 4.1: Protect wellheads and aquifer recharge
areas through a combination of state regulation of potential sources
of ground water contamination, acquisition, land use regulation by
local governments, and providing technical assistance to local
governments.
Water Supply Strategy 4.2: As described in Chapter Four, continue
to regulate and manage discharges to ground and surface waters to
protect, maintain, and improve their quality for water supply,
environmental protection, and other beneficial purposes.
Water Supply Strategy 4.3: Ensure water supply system compliance
with federal and state Safe Drinking Water Acts.
Water Supply Strategy 4.4: Promote reuse of reclaimed wastewater.

Chapter Three: Flood Protection and Floodplain Management 28

Flood Protection and Floodplain Management Goals
Legal Basis for Management
Background Information
Flooding Issue 1: Human occupancy of and alteration of floodplains 30
and floodprone areas are threatening public health, safety, and
welfare.










Flooding Strategy 1.1: Foster nonstructural strategies in achieving
flood protection.
Flooding Strategy 1.2: Minimize the impacts from future floods.
Flooding Issue 2: Inadequate preparation for flood disasters and 32
response have increased property damage and risks to human safety.
Flooding Strategy 2.1: Reduce flood risks to property and human
safety.
Flooding Strategy 2.2: Improve provision of flood-related emergency
preparedness and response.

Chapter Four: Water Quality 34
Water Quality Goals
Legal Basis for Management
Background Information
Water Quality Issue 1: While significant accomplishments have been 37
made, Florida's surface and ground waters continue to be degraded by
point and nonpoint sources of pollution.
Water Quality Strategy 1.1: Improve research, data collection and
data sharing.
Water Quality Strategy 1.2: Secure dedicated and adequate funding
for surface water programs, including SWIM.
Water Quality Strategy 1.3: Implement statewide storm water
management.
Water Quality Strategy 1.4: Continue and refine statewide efforts to
reduce impacts from point source pollution.
Water Quality Strategy 1.5: Update and revise state water quality
standards.
Water Quality Strategy 1.6: Develop and implement appropriate
methods to delineate areas vulnerable to ground water
contamination, and devise strategies to prevent pollution of ground
water.
Water Quality Strategy 1.7: Reduce the impacts of human-induced
saltwater intrusion or upcoming on ground water quality.









Water Quality Strategy 1.8: Reduce the threat of water contamination
from improper management of solid and hazardous wastes.
Chapter Five: Natural Systems 43

Natural Systems Goals
Legal Basis for Management
Background Information
Natural Systems Issue 1: Florida's ecosystems are increasingly 45
threatened by water-related problems associated with rapid population
growth and land use changes.
Natural Systems Strategy 1.1: Use the authorities, programs, and
technical expertise of DEP and the WMDs to promote ecosystem
management.
Natural Systems Strategy 1.2: Maintain and enhance biodiversity and
biological productivity.
Natural Systems Strategy 1.3: Implement effective water resource
and pollution control permitting.
Natural Systems Strategy 1.4: Maintain and, where feasible, restore
the hydrologic patterns of watersheds and ecosystems, with
particular emphasis on restoring natural patterns of fresh water flow
to estuarine systems.
Natural Systems Strategy 1.5: Assure close coordination between
establishment of mitigation banks and land acquisition programs of
state, regional and local governments.
Natural Systems Strategy 1.6: Achieve maintenance control of exotic
and noxious aquatic species.
Natural Systems Issue 2: The establishment of minimum flows and 51
levels for Florida's watercourses, lakes and aquifers is essential for
water managers to have a sound basis for determining and preventing
cumulative impacts to water resources and natural systems caused by
water withdrawals.
Natural Systems Strategy 2.1: Expedite establishment of minimum
flows and levels for priority watercourses, lakes, and aquifers.









Natural Systems Strategy 2.2: Prevent water withdrawals from
causing significant harm to water resources and associated natural
systems.

Chapter Six: Coordination and Evaluation 52

Coordination Goal
Legal Basis For Management
Background Information
Coordination and Evaluation Issue 1: Public education on water 58
resources and public participation in the water management process
is needed to ensure public and legislative support for water
management programs.
Coordination Strategy 1.1: Improve public education about Florida's
water resources.
Coordination Strategy 1.2: Improve public participation in Florida's
water management process.
Coordination and Evaluation Issue 2: Coordination of water-related 58
programs at all levels of government is needed to ensure wise use and
management of Florida's water Resources.
Coordination Strategy 2.1: Improve internal coordination between
DEP water-related programs.
Coordination Strategy 2.2: Secure dedicated and adequate funding
for implementing DEP responsibilities related to WMD general
supervision and state level water resource planning, policy
development, and management.
Coordination Strategy 2.3: Improve state-level interagency
coordination on water-related programs.
Coordination Strategy 2.4: Improve coordination between DEP and
WMD programs.
Coordination Strategy 2.5: Improve regional coordination between
the DEP, WMDs, DCA and Regional Planning Councils.
Coordination Strategy 2.6: Improve coordination with local
governments.
Coordination Strategy 2.7: Improve interstate and federal-level
coordination.









Coordination and Evaluation Issue 3: DEP and the WMDs should 62
measure progress toward meeting water resource management goals.
Evaluation Strategy 3.1: Implement an annual process to evaluate
progress on implementing the FWP and District Water Management
Plans.
Evaluation Strategy 3.2: Implement a long-term process for
evaluation and updating the Florida Water Plan and District Water
Management Plans, including benchmarks for assessing progress.
Summary 64

Related Documents 65

Appendix: DEP Water Policy Rule, Chapter 62-40, F.A.C. 66














Figures:
1. Water Management District Boundaries 2
2. State-Level Plan Relationships 8
3. Florida Water Plan Process and Schedule 9
4. Historical Freshwater Withdrawals by Category 18
5. Total Water Withdrawals by District, 1990 18
6. Water Resource Caution Areas in Florida 20
7. Agencies Responsible for Water Management in Florida 56




Tables:
1. SWIM-Funded Water Bodies 37
2. Primary Water Resource Management Coordination 57
Mechanisms (State, Regional and Local)
3. Primary Water Resource Management Coordination 58
9Mechanisms (Federal and Interstate)











Introduction and Overview



1 Florida's Water Challenge

Water is fundamental to our economy and well-being of our citizens. Almost every facet of life in Florida
has a close association with water resources. Florida has over 11,000 miles of coastline, more than 7,700
4 lakes and 1,700 rivers. Twenty seven springs with flows exceeding 100 cubic feet per second emerge from
the state's aquifers. Three million acres of estuaries, open water and wetlands also help define the Florida
landscape. Throughout most of the state, ground water and surface water systems are closely related.
7 Lake levels are often a direct reflection of ground water levels; spring flow and seepage usually provide the
base flows of streams; and stream discharges to estuaries are critical to maintaining salinity regimes.
These interrelationships form the basis of Florida's major ecological systems.
10 In many areas of the state, highly transmissive ground water aquifers are at or near the surface or have
direct connections to the surface through sinkholes. These characteristics make Florida's extensive ground
water resources highly susceptible to contamination from a variety of sources such as municipal landfills,
13 leaking underground storage tanks, hazardous waste dumps, septic tanks, and agricultural pesticides.
Since about ninety percent of the state's population relies on ground water as a source of drinking water,
such contamination can have serious public health and economic consequences.
16 As Florida's population grows, increasing competition for water is causing conflicts between agricultural,
industrial and urban interests, a trend that has serious social, economic and environmental implications. In
some areas of the state, demands for water are beginning to exceed the sustainable yield of aquifers and
19 surface waters, and are threatening the health of natural systems. Potentially, this could jeopardize
Florida's $7 billion fishing and $32 billion tourism industries, which directly depend on the continued viability
of the state's water resources and related natural systems. Ultimately, our ability to sustain Florida's
22 economy and quality of life will depend in large part on how well we protect and manage these vital
resources. The essence of Florida's water challenge is to satisfy competing and rapidly increasing
demands for a finite resource, and minimize resource damage due to contamination. This is a tall order,
25 and one which is not likely to be met without cooperative, integrated efforts between a variety of federal,
state, regional and local programs as well as the individual citizens of Florida.


Florida's State and Regional Water Management System

28 Florida's system of water management consists of five regional water management districts (WMDs) under
the general supervision of the Florida Department of Environmental Protection (DEP), which implement a
broad range of planning, management and regulatory programs. Boundaries of the WMDs are shown in
31 Figure 1. The system attempts to balance the need for consistent statewide approaches with the need for
regional flexibility. Consistent with broad state policy and general DEP guidance, the WMDs implement
programs tailored to the particular water resource needs of each geographic region of the state. As the
34 stewards of Florida's water resources, DEP and the WMDs must routinely address often-competing public
interests related to water supply, flood protection, water quality, and protection of natural systems. In order
to help do this effectively, DEP and the WMDs have worked as partners to develop comprehensive District
37 Water Management Plans (DWMPs) for each region. This included application of a uniform format and
guidelines for developing the DWMPs, as well as applying recommendations from seventeen DEP/WMD
technical or "conventions" committees which developed uniform approaches for addressing specific water
40 issues. Similar teamwork was employed to develop DEP/WMD consensus on revisions to State water policy









and development of the Florida Water Plan (FWP). As part of this comprehensive effort, DEP and the
WMDs have committed substantial resources and effort to involve local governments, private utilities,

Figure 1: Water Management District Boundaries


r'~? d










1 water supply authorities and other interests in development and implementation of state and regional plans.


What is the Florida Water Plan?

The Florida Water Plan (FWP) is an integrated, coordinated plan prepared jointly by DEP and the five
4 WMDs. It is intended to guide DEP and the WMDs in implementing current statutory directives prescribed in
the Water Resources Act (Chapter 373, F.S.), the Florida Air and Water Pollution Control Act (Chapter 403,
F.S.), and the State Comprehensive Plan (Chapter 187, F.S.). These statutes provide the basic authorities,
7 directives and policies for statewide water management, pollution control and environmental protection.

The Water Resources Act requires development of a State Water Use Plan (s. 373.036, F.S.), and
prescribes that the Water Use Plan, together with the state water quality standards, shall constitute the
10 Florida Water Plan (s. 373.039, F.S.). The water quality standards incorporated by reference in the FWP
are:
Water Quality Standards, Chapter 62-3, FA.C.
13 Surface Water Quality Standards, Chapter 62-302, FA.C.
Surface Water Improvement and Management, Chapter 62-43, FA.C.
Ground Water Classes, Standards, and Exemptions, Chapter 62- 520, FA.C.
16 Drinking Water Standards, Monitoring, and Reporting, Chapter 62-550, FA.C.

Also incorporated by reference is the DEP Water Policy Rule, Chapter 6240, FA.C. Inclusion of the
standards and water policy rule in the plan does not give them additional status as rules, but does
19 emphasize the necessity of a comprehensive and integrated view of water management. The FWP, like the
individual District Water Management Plans, is intended to be a guidance tool for water management. It is
not self-implementing and will be realized through subsequent actions (budgeting, rulemaking, cooperative
22 agreements, etc.) of DEP, the WMDs, other agencies, local governments, private parties, or the state
Legislature. While the FWP identifies a variety of new initiatives, many of the strategies and action steps are
based on continuation or enhancement of efforts that are already in progress.


25 What are the purposes of the FWP?

The FWP is intended to serve several interrelated purposes, including:

Providing a broad overview of agency responsibilities and actions related to implementing statutory
28 directives on water resources, including those contained in the Florida Water Resources Act, the
Florida Air and Water Pollution Control Act, and the State Comprehensive Plan.

31 Coordinating the identification, communication, and resolution of water issues.

Expressing water management goals and guiding their implementation.
34
Assisting in implementation of water policies.
Developing regional and statewide implementation strategies to achieve FWP goals.
37
Promoting partnership and coordination among the many parties involved in water management

40 Aiding in program evaluation and accountability.











1 Goals of the FWP

The overall goal of the FWP is to assure long-term sustainability of Florida's water resources for the benefit
of the state's economy, natural systems and quality of life. Key guidance statements contained in Florida
4 law are used as the goals for each chapter of the FWP. These include the following:

Water Supply
Florida shall assure the availability of an adequate supply of water for all competing uses deemed
7 reasonable and beneficial and shall maintain the functions of natural systems and the overall present level
of surface and ground water quality. 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. (s. 373.0395,
10 F.S.)
Flood Protection
Require local governments, in cooperation with regional and state agencies, to adopt plans and policies to
13 protect public and private property and human lives from the effects of natural disasters (s.
187.201 (7)(b)25., F.S.).

16 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. (s.
187.201 ((8)(b)8. F.S.).
19 Water Quality

It is declared to be the public policy of this state to conserve the waters of the state and to protect, maintain,
and improve the quality thereof for public water supplies, for the propagation of wildlife and fish and other
22 aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses and to provide
that no wastes be discharged into any waters of the state without first being given the degree of treatment
necessary to protect the beneficial uses of such water. (s. 403.021(2), F.S.).

25 Florida shall improve and restore the quality of waters not presently meeting water quality standards. (s.
187.201(8)(a), F.S.).
Natural Systems
28 Conserve forests, wetlands, fish, marine life, and wildlife to maintain their environmental, economic,
aesthetic, and recreational values. 187.201(10)(b)1., F.S.).
Reserve from use that water necessary to support essential non-withdrawal demands, including navigation,
31 recreation, and the protection of fish and wildlife. (s. 187.201(8)(b)14. F.S.).
Coordination
Systematic planning capabilities shall be integrated into all levels of government in Florida with particular
34 emphasis on improving intergovemmental coordination and maximizing citizen involvement (s.
187.201(26)(a), F.S.)


Fundamental Principles of the FWP

37 The FWP is based on two fundamental ecosystem management principles:










1 Water resources must be managed to meet the water needs of people while maintaining,
protecting, and improving the state's natural systems; and,
Effective management of water resources requires collaboration and cooperation among all
4 affected parties.
The plan strives to implement both of these principles through integration of a variety of planning,
acquisition, operational, regulatory, and outreach approaches. In developing the plan, special efforts were
7 made to provide opportunities for involvement of interested state and federal agencies, local governments
and private organizations. The plan is issue-driven, and focuses on defining key water resource issues,
strategies for addressing those issues, and specific actions to be taken. It also recognizes the need to
10 regularly assess progress toward implementation. Importantly, the FWP clearly recognizes the balancing
of competing public interests required in statewide comprehensive planning, and that social and economic
considerations such as water supply, protection of private property rights, economic development, and
13 public involvement are integral to water resources planning.

Private Property Rights

The Florida Water Plan recognizes the need to be consistent with the protections provided by the federal
16 and state constitutions for private property rights. It supports related provisions in the State Comprehensive
Plan which reinforce these fundamental rights:

Section 187.101(3): The goals and policies contained in the State Comprehensive Plan shall be
19 reasonably applied where they are economically and environmentally feasible, not contrary to the
public interest, and consistent with the protection of private property rights.
Section 187201(15)(a), Property Rights:
22 (a) Goal. Florida shall protect private property rights and recognize the existence of legitimate and
often competing public and private interests in land use regulations and other government action.
(b) Policies
25 1. Provide compensation, or other appropriate relief as provided by law, to a landowner for any
governmental action that is determined to be an unreasonable exercise of the state's police power
so as to constitute a taking.
28 2. Determine compensation or other relief by judicial proceeding rather than by administrative
proceeding.
3. Encourage acquisition of lands by state or local government in cases where regulation will
31 severely limit practical use of real property.
This state policy was amplified by the 1995 Legislature in enacting the "Bert J. Harris, Jr. Private Property
Rights Protection Act," (CS/HB 863), which provided that,
34 Therefore, it is the intent of the Legislature that, as a separate and distinct cause of action from the
law of takings, the Legislature herein provides for relief, or payment of compensation, when a new
law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly
37 affects real property. (Section 1.(1)).
Water resource management must also recognize, however, responsibilities for stewardship of public
resources and protecting the broad public interest Florida's serious problems of water supply, water
40 quality, natural systems, and flood protection can be solved only through recognition of our common goals
and interdependencies. The Florida Water Plan, as well as the Department's overall ecosystem
management initiative, seek to achieve both objectives. Examples of this approach are the Ecosystem
43 Management commitment to implementing regulations which are incentive-based and provide net
environmental benefit, as well as Department efforts to create partnerships with private landowners to
establish greenways, provide joint management of regionally significant environmental areas, and
46 encourage private landowners to protect critical habitats.










1 What is the legal force of the FWP?

The FWP is not self-executing. Provisions of the plan are intended to guide future actions of DEP and the
WMDs, but are not binding unless adopted as a rule under the Administrative Procedures Act (Chapter 120,
4 F.S.). One such rule is the DEP Water Policy rule (Chapter 62-40, FA.C., also referred to as the State
Water Policy), which provides goals, objectives, and guidance for the development and review of programs,
rules and plans relating to water resources. All WMD rules must be consistent with provisions of this rule,
7 which was first adopted in 1981 and has been amended several times since. The rule was most recently
amended by the Environmental Regulation Commission in December of 1993 and March 1995.


Relationship of the FWP to Other State Level Planning

10 The FWP is intended to be coordinated with the State Land Development Plan (prepared by the
Department of Community Affairs), and the Florida Transportation Plan (prepared by the Department of
Transportation). To be effective, each of these plans must be mutually compatible, as well as consistent
13 with the State Comprehensive Plan (Chapter 187, F.S.). However, these plans are not yet fully integrated.
The state Task Force on Land Use and Water Planning made many specific recommendations in their
December, 1994 Report on how to better link the three state plans together, as well as how to link them to
16 regional and local plans. The general relationship of the FWP to other state level planning is shown in
Figure 2. The 1996 Legislature may consider statutory changes to plan requirements, but the FWP
attempts to foster linkages to the extent possible under current law.

19 Three specific measures are being used to help assure coordination between the three state-level plans:

The Florida Water Plan development process includes representatives from the Department of
Community Affairs (DCA) and the Department of Transportation.

22 The Governor's Office is involved in the preparation of all three plans and is working to assure
compatibility.

The Florida Water Plan will reflect, as appropriate, elements of the State Land Development Plan
25 currently being revised by the DCA.

The Florida Water Plan must focus on water-related issues and activities, but also fully recognizes its
interdependence with other state objectives in the State Comprehensive Plan.

28 Plan Evaluation and Revision

To remain current, the FWP must be updated regularly to reflect progress toward implementation,
changing circumstances, or improved understandings of water resource problems. The process and
31 schedule for development and revision of the FWP are illustrated in Figure 3. Annual evaluations of
progress toward implementation (see Chapter Six) are a key step in that ongoing assessment and
evaluation process.

34 Organization of the FWP

The FWP is organized into six issue areas: General Issues, Water Supply, Flood Protection, Water Quality,
Natural Systems, and Coordination and Evaluation. For each issue area, the relevant goals and policies







S adapted from the State Comprehensive Plan, the Florida Water Resources Act, the Florida Air and Water
Pollution Control Act, and other pertinent laws and rules are presented. This is followed by the legal basis
for management, background information for each subject area, a synopsis of key issues, general
4 strategies being applied to address each issue, and selected action steps.

Figure 2. State-Level Plan Relationships


State Comprehensive Plan


DCA
Florida Land Development
Plan


Florida Water Plan


DEP Programs and
Rules (Water Policy
Rule, Water Quality
Standards, etc.)


SDistrict Water Management Plans )

NWFWMD SFWMD SJRWMD SRWMD NWFWMD
\)


UtP
State Laws (Water
Resources Act, Air and
Water Pollution Act, etc.)


DOT
Florida Transportation Plan


\ -- I










Figure 3: Florida Water Plan Process and Schedule


JULY
Formation of a
DEPWVMD DWIMP
- Plan Review Group.
/ II


DECEMBER
Deadline of Novec
1994 set for couple
Distrit Water Mana
Plans (DWMP


SEPTEMBER
Uniform DWMP format
and guidelines adopted.
\


't IT rt rl


Revised WMD
scopes of work.


to
DECEMBER for
Florida Water Policy
revised sets minimum
contents and review process
for DWM Ps, sets
deadline of November 1,
1995 for completion of
Florida Water Plan.


JUNE
Multlagency Plan
Work Group formed
establish content and
mat for the FLORIDA
WATER PLAN.
/ N

DECEMBER
Synthesis & Integration
of priority regional Issues,
strategies, and schedules.


NOVEMBER OCTOBER AUGUST
MD draft scopes of Interim Draft DWMPs DEP/WMl) work
WMD draft scopes of
work developed. developed by each WMD. assignments made for
wk developing the Plan
R DECEMBER NOVEMBER
tber, Seventeen DEP/WMD WMD completion of
tlon of technical committees DWMPs, In
agement created for consistent consultation with DEP.
s). approaches in DWMPs.


NOVEMBER
Plan Adoption
/


5-Year Evaluation
Reports
/


EPTEMBER
Public workshops
held in each region
of state












SChapter One: General Issues


General Goals:

Section 2 of the Florida Environmental Reorganization Act of 1993, which merged the former departments
4 of Environmental Regulation and Natural Resources into the Department of Environmental Protection,
contained several broad goal provisions related to protection and management of Florida's water
resources, including:

7 (1) The protection, preservation, and restoration of air, water, and other natural resources of this state are
vital to the social and economic well-being and the quality of life of the citizens of this state and visitors to
this state.

10 (2) t is the policy of the Legislature:
(a) to develop a consistent state policy for the protection and management of the environment and
natural resources.
13 (b) to provide efficient governmental services to the public.
(c) to protect the functions of entire ecosystems through enhanced coordination of public land
acquisition, regulatory, and planning programs.
16 (d) to maintain and enhance the powers, duties, and responsibilities of the environmental agencies
of the state in the most efficient and effective manner.
(e) to streamline governmental services, providing for delivery of such services to the public in a
19 timely, cost-efficient manner.
In response to the merger legislation, the Department of Environmental Protection adopted the following
statement of its mission:
22 The mission of the Department of Environmental Protection is to: Protect, Conserve, and Manage
Florida's Environment and Natural Resources. The Department accomplishes its mission in a
manner that
25 1) provides stewardship of Florida's ecosystems so that the state's unique quality of life
may be preserved for present and future generations
2) protects the public health and safety
28 3) provides for responsible and wise use of the state's mineral, cultural and living
resources
4) provides efficient and equitable service to the public
31 5) provides consistent and impartial implementation of the law.

Background Information

Many issues in water management cannot be neatly compartmentalized into any of the single subject area
34 chapters of the Florida Water Plan (FWP): Water Supply, Flood Protection, Water Quality, and Natural
Systems. For example, lands are often placed into public ownership for all four of these purposes.
Similarly, the need for coordination and public education is shared by all aspects of water management.
37 This chapter is meant to summarize broad issues that are central to Florida's water management
challenge, and describe strategies and action steps which will have effects that cut across all parts of the
FWP.










1 General Issue 1: There are inadequate links between land
and water planning, and between planning and program
implementation, causing program conflicts and
4 inefficiencies.

In 1993, the Florida Legislature created the Task Force on Land Use and Water Planning. After a year of
deliberation, the group concluded that while Florida has developed some of the strongest land and water
7 protection laws in the country, there is no clearly defined link in the state's comprehensive planning
framework between the water resource decisions of the water management districts and the land use
planning and management decisions of local governments. Legislation is needed to fully address this
10 concern, but some progress can be made with existing authorities and programs to help integrate land use
and water planning. The FWP generally supports the recommendations of the Task Force, particularly in
terms of improved technical assistance and information services.

13 General issue Strategy 1.1: Improve the linkages between land and
water planning, and between planning and implementation
programs.

16 Selected Action Steps:
1. Seek to fully integrate the Florida Water Plan with the Florida Land Development Plan, Florida
Transportation Plan, and Ecosystem Management. (DEP, 1995 Ongoing.)
19 2. Continue to provide technical and/or financial assistance for Local Comprehensive Plans and
Strategic Regional Policy Plans. (DEP, WMDs, DCA, RPCs, & GFWFC, Ongoing.)
3. Assess DEP and WMD programs to identify opportunities for increasing coordination between
22 planning and implementation functions, with special emphasis on integrating ecosystem
management, and watershed management approaches into agency programs. (DEP & WMDs,
1996.)
25
General Issue 2: The failure of government the private
sector, and the general public to take shared responsibility
28 for sustaining Forida's water resources is hindering the
effectiveness of water management efforts.

The success of Florida's water resource and ecosystem management efforts is dependent on an informed
31 public. It is important for Floridians to understand the basic issues of water management and to accept
shared responsibility for protecting and wisely managing our increasingly threatened water resources. The
FWP places a high priority on raising the level of environmental awareness of Floridians and visitors, and
34 encouraging the participation of individuals and organizations in conserving and protecting our water
resources.









1 General Issue Strategy 2.1: Promote joint responsibility for
sustaining water resources.

Selected Action Steps:

4 1. Through existing programs, enhance the roles of Regional Planning Councils and local
governments in planning and management of water resources and related natural systems.
2. Assess internal and external environmental education programs to identify strengths,
7 weaknesses and recommended improvements for greater effectiveness and coordination, with
particular emphasis on incorporation of water and ecosystem management concepts. (DEP &
WMDs, 1996 Continuing.)
10 3. Work to develop a shared ethic of environmental stewardship and involvement with the private
sector and individuals of Florida as part of ecosystem management initiatives. (DEP & WMDs,
1995 Continuing.)
13
General Issue 3: Water management usually has not been
approached on a comprehensive watershed asis, which has
16 impaired our ability to protect water resources and related
natural systems.

There currently is widespread recognition that management of Florida's water resources and associated
19 natural systems demands broader, longer-term strategies than have been used historically. Major initiatives
are being taken to improve approaches at both the state and regional levels. Pursuant to legislation that
created the DEP, the department is focusing more of its resources on the management of entire eco-
22 systems. The DEP's definition of Ecosystem Management is:

An integrated approach to management ofFlorida's biological and physical environments -
conducted through the use of tools such as planning, land acquisition, environmental education,
25 regulation, and pollution prevention designed to maintain, protect, and improve the state's
natural, managed, and human communities.

A central tenet of ecosystem management is that to protect ecosystems, we must protect and restore the
28 critical processes upon which the ecosystems depend. The FWP will foster the application of ecological
principles to the management of hydrologic systems. Watersheds generally will be the basic management
units, within which holistic approaches will be applied to allow consideration of various physical, biological,
31 chemical, social and economic factors within hydrologically-connected areas. Where possible, the
interactions between surface and ground water basins will be incorporated.
General Issue Strategy 3.1: Promote and implement watershed and
34 ecosystem approaches. The department and the water management
districts will target ecosystems or priority attention and support
enhancement and integration of existing efforts such as the SWIM
37 and National Estuary Programs.









1 General Issue Strategy 2.1: Promote joint responsibility for
sustaining water resources.

Selected Action Steps:

4 1. Through existing programs, enhance the roles of Regional Planning Councils and local
governments in planning and management of water resources and related natural systems.
2. Assess internal and external environmental education programs to identify strengths,
7 weaknesses and recommended improvements for greater effectiveness and coordination, with
particular emphasis on incorporation of water and ecosystem management concepts. (DEP &
WMDs, 1996 Continuing.)
10 3. Work to develop a shared ethic of environmental stewardship and involvement with the private
sector and individuals of Florida as part of ecosystem management initiatives. (DEP & WMDs,
1995 Continuing.)
13
General Issue 3: Water management usually has not been
approached on a comprehensive watershed basis, which has
1e impaired our ability to protect water resources and related
natural systems.

There currently is widespread recognition that management of Florida's water resources and associated
19 natural systems demands broader, longer-term strategies than have been used historically. Major initiatives
are being taken to improve approaches at both the state and regional levels. Pursuant to legislation that
created the DEP, the department is focusing more of its resources on the management of entire eco-
22 systems. The DEP's definition of Ecosystem Management is:

An integrated approach to management ofFlorida's biological and physical environments -
conducted through the use of tools such as planning, land acquisition, environmental education,
25 regulation, and pollution prevention designed to maintain, protect, and improve the state's
natural, managed, and human communities.

A central tenet of ecosystem management is that to protect ecosystems, we must protect and restore the
28 critical processes upon which the ecosystems depend. The FWP will foster the application of ecological
principles to the management of hydrologic systems. Watersheds generally will be the basic management
units, within which holistic approaches will be applied to allow consideration of various physical, biological,
31 chemical, social and economic factors within hydrologically-connected areas. Where possible, the
interactions between surface and ground water basins will be incorporated.
Genera/Issue Strategy 3.1: Promote and implement watershed and
34 ecosystem approaches. The department and the water management
districts will target ecosystems for priority attention and support
enhancement and integration of existing efforts such as the SWIM
37 and National Estuary Programs.










1 Selected Action Steps:


1. Provide leadership in implementing ecosystem management principles. (DEP, Ongoing.)
2. Create and improve ecosystem management partnerships with public and private entities.
4 (DEP, Ongoing.)
3. Implement provisions of the Everglades Forever Act. (SFWMD & DEP, Ongoing.)
4. Create an Ecosystem Selection Working Group (ESWG). The ESWG will be responsible for
7 selecting those ecosystems that need priority attention and management by permanent teams.
DEP & WMDs, 1994-95, Ongoing.)
5. Expand geographically based management and planning by establishing management teams
10 for selected additional ecosystems and developing ecosystem area implementation strategies.
(DEP & WMDs, 1995 Ongoing.)
6. Develop effective mechanisms to track permits and assess impacts of permitted activities on a
13 watershed basis. (DEP & WMDs, Ongoing.)
7. In coordination with the WMDs, and in accordance with the DEP/EPA work plan, implement the
Total Maximum Daily Load (TMDL) concept for priority watersheds (DEP & WMDs, Ongoing.)
16 8. Provide permit review staff with access to GIS tools necessary to evaluate permit applications
on a watershed basis. (DEP & WMDs, Ongoing.)
9. Enhance and implement six demonstration ecosystem management area implementation
19 strategies: Suwannee River, Everglades, Hillsborough River, St. Johns River, Wekiva River, and
Apalachicola River. (DEP & WMDs, Ongoing.)
10. Implement Florida Bay restoration, including the Florida Keys National Marine Sanctuary Plan.
22 (SFWMD & DEP, Ongoing.)

General Issue Strategy 3.2: Improve land acquisition and land
management programs to enhance protection and management of
25 water resources on a watershed or ecosystem basis.

State land acquisition programs are directed at a broad variety of purposes, including recreational,
environmental, flood control, historic and forestry resources, most of which are mutually supportive. These
28 purposes show great opportunities for using acquisition programs as components of a statewide, integrated
water resource management strategy.

The most recent and largest example of Florida's commitment to preserving its natural resources is the
31 Preservation 2000 (P2000) program. P2000 is intended to provide for a three billion dollar bond program to
finance various land acquisition efforts over a ten-year period, with 50 percent of the bond funds earmarked
for the Conservation and Recreation Lands (CARL) program and 30 percent for Save Our Rivers (SOR),
34 which also receives funds from documentary stamp collections. Save Our Rivers is implemented by the
water management districts with administrative oversight by the DEP. The SOR fund is the primary source
for environmental land purchases by the water management districts, and has been used in conjunction
37 with federal, state, and local government funding to acquire lands needed to conserve, protect, or restore
water resources.

Selected Action Steps:

40 1. Evaluate the reciprocal impacts of activities on public and private properties in identified









1 ecosystems. Coordinate management activities in identified ecosystems through groups of
representatives of private property owners and public managers in the ecosystems. (DEP &
WMDs, Ongoing.)
4 2. Expand application of the "Greenline Concept," through which DEP delineates areas of
concern adjacent to state parks, and seeks to incorporate resource management strategies for
such areas into WMD programs and local government comprehensive planning. (DEP & WMDs,
7 Ongoing.)
3. Develop a strategic plan with a comprehensive map of existing public and private conservation
lands and land interests (e.g. easements) and additional lands that should be under some degree
10 of protection to complete a statewide ecological conservation system. (DEP, WMDs, & GFWFC,
1997.)
4. Improve coordination of land acquisition and management planning efforts of government and
13 non-profit groups through: a) enhanced coordination of long-term strategic acquisition, at
statewide and regional scales, b) greater involvement of citizens, and c) increased access to land
acquisition and greenways data bases. (DEP & WMDs, 1996-Continuing.)
16 5. Support innovative approaches to land acquisition, such as joint funding between governmental
units, less than fee simple ownership, and cooperative management strategies. (DEP & WMDs,
local governments, private, and non-profit groups, Ongoing.)

19 General Issue 4: Better information is needed to support
water resource protection, restoration and management
actions.
22
While knowledge of the general processes and dynamics of water resources and related natural systems
has increased significantly in recent years, system-specific understandings are often inadequate to reliably
25 predict the consequences of major management actions. Data associated with individual permit
applications generally is of limited value for addressing system-wide questions. Scientific research needed
to acquire system-wide information is usually very expensive, must be carefully designed, and requires long
28 time frames to accomplish. However, management actions usually cannot wait until detailed understanding
of each hydrologic unit or system is available, and many decisions must be made on the basis of best
available information and professional judgement. We need continuing efforts to ensure that research
31 related to water resources and natural systems is targeted at answering key management issues.

General Issue Strategy 4.1: Seek to ensure that, where appropriate,
collection of water data by DEP, the WMDs, the Corps of
34 Engineers, local governments and others is coordinated, directed at
answering priority management questions, and is analyzed in a
method useful for making water management decisions.

37 Selected Action Steps:

1. Implement s. 62-40.430, FA.C. revisions on data management (DEP & WMDs, 1995 -
Ongoing.)
40 2. Foster development and enhanced cooperative use of GIS technology and information by DEP
and WMDs. (DEP & WMDs, Ongoing.)
3. Continue the use of DEP/WMD convention committees to recommend uniform approaches to









1 technical problems, and where appropriate, policy issues. (DEP & WMDs 1995 Ongoing.)
4. Through existing mechanisms such as the State Clearinghouse, NEPA, and CZMA federal
consistency reviews, facilitate early consultation between DEP, WMDs, and the Corps of
4 Engineers regarding water resource data collection and hydrographic modeling for federal flood
control projects.
5. Continue the cooperative program with the USGS to collect, compile, and publish statewide
7 water use data on a five-year basis.
6. Present the results of data acquisition efforts in a form useful to planning as well as regulation
and make reports available to DEP and WMD staff, local governments, and the public.

10 General Issue Strategy 4.2: Where water resource understandings
are deficient, apply adaptive management techniques, and balance
uncertainty in favor of avoiding irretrievable long-term commitments
13 which may jeopardize water resources or the long-term public interest.

Water resource management decisions often involve some uncertainty, particularly in terms of
understanding the dynamics of specific hydrologic systems and the linkages between hydrology and long-
16 term ecological response. While considerable understanding exists about hydrologic-ecologic
interrelationships in general, system-specific understandings are often inadequate to provide a high degree
of confidence in the effectiveness of some major management actions. But management decisions,
19 particularly those related to restoration, must be made in a timely manner, and usually cannot await
detailed understandings. Restoration efforts in the Indian River Lagoon, Lake Apopka, Tampa Bay, Upper
St. Johns River, and the Kissimmee/ Lake Okeechobee/Everglades/Florida Bay systems are all faced with
22 this problem. One approach for dealing with uncertainty in decision-making is termed "adaptive
management,' whereby timely but cautious actions are taken within an ecosystem perspective, based on
general scientific principles, experience gained from other systems, and the best available information for
25 the specific area. This use of professional judgement is followed by monitoring of water resource or
environmental response and comparison of observed results with those that were predicted. Management
actions may then be modified, if necessary, based on the knowledge gained. A major objective of this
28 approach is to avoid irretrievable commitments that may prove to be harmful to water resources or
otherwise be contrary to the long-term public interest.

Selected Action Steps:

31 1. In conjunction with ecosystem management teams established under General Strategy 3.1,
create ecosystem management committees to coordinate data gathering, information
assessment, and development of management strategies within selected ecosystem
34 management project areas. (DEP, WMDs, GFWFC, other state, federal, regional and local
agencies, and private interests, 1996-Ongoing.)
2. Convene additional convention committees to recommend consistent approaches for
37 addressing priority water resource information needs. (DEP & WMDs, 1996.)










Chapter Two: Water


Supply

Water Supply Goal

4 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
7 meeting water quality standards. (State Comprehensive Plan, s.187.201(8)(a), F.S.)

Legal Basis for Management

Florida Statutes and rules contain an abundance of general guidance on protection and management of
10 water resources and related natural systems, including the following provisions pertinent to water supply:
Ensure that new development is compatible with existing local and regional water supplies. (s.
13 187201 ((8)5. F.S.)
Reserve from use that water necessary to support essential non-withdrawal demands, including
navigation, recreation, and the protection of fish and wildlife. (s. 187201 (8)(b)14. F.S.)

16 Encourage the development of local and regional water supplies within water management districts
instead of transporting surface water across district boundaries (s. 187.201 (8) F.S.)
It is the policy of the state that the citizens of Florida shall be assured of the availability of safe
19 drinking water. (s. 403.851, F.S.)
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. (s. 373.0395, F.S.)

22 The encouragement and promotion of water conservation, and reuse of reclaimed water, as
defined by the department, are state objectives. (s. 403.064, F.S.; also s. 373250, F.S.)
25 To obtain a [consumptive use] 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
28 with the public interest. (s. 373.223, F.S.)
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. (s. 62-
31 40.310(1)(a), FA.C.)
Provide for the management of water and related land resources (s. 373.016(2)(a), F.S.)
Champion and develop sound water conservation practices and public information programs. (s.
34 62-40.310(1)(c), FA.C.)











1 Encourage the use of water of the lowest acceptable quality for the purpose intended. (s. 62-
40.310(1)(e), FA.C.)
Encourage demand management and the development of alternative water supplies, including
4 water conservation, reuse of reclaimed water, desalination, storm water reuse, recharge, and
aquifer storage and recovery. (s. 62-40.310(1)(g), FA.C.)
In implementing consumptive use permitting programs, a reasonable amount of reuse of
7 reclaimed water shall be required within water resource caution areas, unless objective evidence
demonstrates that such reuse is not economically, environmentally, or technically feasible. (s. 62-
40.416(2), FA.C.)
10 Protect aquifers from depletion through water conservation and preservation of the functions of
high recharge areas. (s. 62-40.310(1)(h), FA.C.)
It is the intent of the Legislature that utilities develop reclaimed water systems, where reclaimed
13 water is the most appropriate alternative water supply option, to deliver reclaimed water to as
many users as possible through the most cost-effective means, and to construct reclaimed water
system infrastructure to their owned or operated properties and facilities where they have
16 reclamation capability. (s. 373.1961(2))
It is also the intent of the Legislature that the water management districts which levy ad valorem
taxes for water management purposes should share a percentage of those tax revenues with
19 water providers and users, including local governments, water, wastewater, and reuse utilities,
municipal, industrial, and agricultural water users, and other public and private water users, to be
used to supplement other funding sources in the development of alternative water supplies. (s.
22 373.1961(2), F.S.)
The governing boards of the water management districts where water resource caution areas
have been designated shall include in their annual budgets an amount for the development of
25 alternative water supply systems, including reclaimed water systems, pursuant to the
requirements of this subsection. (s. 373.1961(2) (a), F.S.)
In the performance of, and in conjunction with, its other powers and duties, a water management
28 district shall not deprive, directly or indirectly, any county wherein which water is withdrawn to the
prior right to supply reasonable and beneficial needs of the county or any of the inhabitants or
property owners therein. (s. 373.1961(5), F.S.)

31 Background Information
Water supply has emerged as a critical issue for the 1990's and beyond. In 1950, Florida's total fresh water
withdrawal was about 2.9 billion gallons per day, serving a population of 2.77 million. By 1990, withdrawals
34 had increased 158 percent to 7.5 billion gallons per day for a population of about 13 million. Approximately
4.7 billion gallons (or 63%) is from ground water sources. The sheer numbers are complicated further by
the state's development patterns. Even though Florida has extensive water resources, a major water use
37 concern is that approximately 80 percent of the state's population live in coastal areas where fresh water
supplies are most limited and fragile. In these areas, the increasing demands for cheap, dependable, high
quality water for agriculture, industry, and a burgeoning population are beginning to exceed the limits of
40 easily developed sources.

Florida's water supply challenge is directly linked to the state's rainfall characteristics and natural water
cycles. If one considers the natural water budget within which Floridians must cope, the need for prudent
43 management becomes obvious. While the state's average yearly rainfall is approximately 53 inches,
about 38 inches is lost to the atmosphere through evapotranspiration. About 8 inches goes to sea as
natural stream discharge or runoff leaving only about 7 inches to recharge aquifers, maintain lake levels,
46 and supply the needs of humans. While some of the natural runoff may also be stored in environmentally










S sensitive ways for human purposes (and is an important source in certain areas), the retained amount will
not constitute a substantial portion of the overall water budget. Additionally, Florida's precipitation patterns
are extremely variable spatially, seasonally, and from year to year. Unpredictable extremes of flood and
4 drought are a natural part of the Florida scene, and one region of the state can experience high rainfall
while another is experiencing drought. It is the variability and extremes of Florida's rainfall patterns, coupled
with the state's high population growth rate that pose the greatest challenge to Florida's water supply
7 planning. Figure 4 shows historical freshwater withdrawals by category, and Figure 5 indicates total water
withdrawals by water management district ( Source: Water Withdrawals, Use and Trends in Florida, 1990.
USGS Water Resources Investigations Report 92-4140.)
10
Figure 4: Historical Freshwater Withdrawals by Category
5.000 I 1 I I
-0 AGRICULTURAL IRRIGATION
4.500 o---o SELF-SUPPLIED
COMMERCIAL-INDUSTRIAL
-------a THERMOELECTRIC POWER
4,000 GENERATION
0----- PUBLIC SUPPLY
a: 3.,500 -- SELF-SUPPLIED DOMESTIC

3,000
< )
O0 2.500

($ 2,000 .-
crz --
QO 1,500 -

2 1,000

500


1950 1960 1970 1980 1990


Figure 5: Total Water Withdrawals by District, 1990
7,000
Z 6<, FRESH SURFACE
-0 6,000 WATER
n- CT FRESH GROUND
3 WATER
5,000 SALINE SURFACE
WATER
(n SALINE GROUND
0Z 4,000 WATER
-_j
-- 3,000 -

rZ 2,000
wo
S1,000

0
NORTH- SUWANNEE ST. SOUTH-
WESTN FLORIDA WEST
FLORIDA RIVER FLORIDA
WATER MANAGEMENT DISTRICT












Water supply planning must consider all feasible sources, including surface waters. However, surface
waters support a variety of fish and wildlife that are dependent on or adapted to natural fluctuations in flow
4 or water levels, and the periods of greatest human demand usually are also at the time when aquatic
systems are under greatest natural stress. Water managers must assure that human water demands do
not overstress these natural systems. Due to the state's relatively fiat topography and variable rainfall, our
7 natural surface water systems are usually not efficient or dependable sources of public water supplies.
Also, new in-stream reservoirs generally involve major environmental and social impacts and are
discouraged by state water policy. Nonetheless, in 1990, about 37 percent of the state's total fresh water
10 withdrawals were from surface waters.

Florida has one of the most productive aquifer systems in the United States. Large quantities of water are
obtainable from each of the state's principal aquifers. The state also contains 27 of the 78 first-magnitude
13 springs (greater than 100 cubic feet per second average flow) in the nation. Because of its availability and
generally high quality, ground water is the principal source of fresh water for public supply, rural domestic,
industrial and commercial, and irrigation uses. About 90 percent of Florida's population depends on ground
16 water for its drinking water. Clearly, ground water is one of Florida's most valuable natural resources.
Ground water in Florida is particularly vulnerable to contamination. The state is covered nearly everywhere
by a thin layer of surficial sands that overlie a thick sequence of porous limestone and dolomite. Depth to
19 ground water throughout the state is relatively shallow; ranging from 0-100 feet, with 10-20 feet being most
common. Even though ground water is taken from deeper aquifers for many uses, the combination of
relatively shallow ground water, highly transmissive geologic formations, permeable surface sands, and
22 rapid conversion of the Florida landscape to various forms of development present a continuing threat to
the state's ground water supplies. Once ground water is contaminated, cleanup is very costly and
sometimes impossible. Prevention of pollution is far more economical than remediation.

25 Water Supply Issue 1: Demands on ground and surface
water supplies are exceeding or threatening to exceed
sustainable yields from particular sources.


28 Because replenishment of most water supplies in Florida is dependent on rainfall which occurs primarily
within the state's borders, seasonal and longer-term weather patterns can seriously affect water availability.
Overpumping of water from underlying aquifers can result in salt water intrusion, as well as cause
31 significant harm to wetlands and associated natural systems. While the circumstances vary in each district,
the consistent message is that localized shortages are emerging. For example, during the 1989 drought,
the South Florida, Southwest Florida and St. Johns River water management districts all imposed some
34 form of additional water use restrictions.
The 1994 Task Force on Land Use and Water Planning called for the FWP to identify areas where water
resources are in need of restoration or protection. In terms of water supply, the current formal recognition
37 of such areas is accomplished through WMD establishment of Water Resource Caution Areas by rule. Four
of the five WMDs have designated one or more areas as Water Resource Caution Areas (WRCAs) as
called for in State Water Policy (see Figure 6). As water supplies become more scarce, there is increasing
40 need to stress conservation, alternative technologies, and improved withdrawal and distribution strategies.









Northwest
Florida WMD


Suwannee
River WMD


St. Johns
River
WMD


Water

Resource
I
Caution Southwes'
Florid
Areas

(WRCAs)

in Florida


South
Florida
WMD


Source: Florida's Water Management Districts
February, 1995


Figure 6










1 Reduction of per capital water demands through conservation is probably the cheapest, most
environmentally sound, and most effective way of extending water supplies. Accordingly, the DEP Water
Policy Rule (s.62-40.412, FA.C.) states:
4 The overall water conservation goal of the state shall be to prevent and reduce wasteful,
uneconomical, or unreasonable use of water resources. Conservation of water shall be required
unless not economically or environmentally feasible."
7 While the need to conserve water has never been clearer, the perception of Florida as water-rich continues
to work against widespread acceptance of effective conservation practices. Increasingly, the water man-
agement districts and DEP have included conservation and reuse in their approaches to regulation,
10 technical and financial assistance, and public awareness. The crux of this issue is how to best instill and
maintain a water conservation ethic in all water use sectors.

13 In addition to conservation, where shortages are occurring or projected, the feasibility of alternative
technologies such as reuse of reclaimed water, beneficial use of stormwater, desalination, and aquifer
storage and recovery, must also be thoroughly assessed. Key aspects of using alternative technologies
16 include how to fund projects, make best use of existing or modified regulatory approaches, and develop
dependable, environmentally acceptable techniques. Because reuse is such an important topic and holds
such potential, it is discussed separately under Water Supply Strategy 4.4, below.
19 Other promising approaches under certain circumstances include combined withdrawal strategies for
ground water and surface waters, linking water treatment and distribution systems of adjacent jurisdictions,
and creation of regional water supply authorities. While such approaches may not have been considered in
22 the past due to technical difficulties, treatment requirements, or cost, their attractiveness has increased as
cheap and dependable sources have become more scarce. All five WMDs and DEP have been working
closely together and with local governments to provide consistent, environmentally sound approaches to
25 water supply planning. Individual District Water Management Plans (DWMPs) address the water supply
issues of each region in detail.

Water Supply Strategy 1.1: Promote water conservation.

28 Selected Action Steps:

1. Implement provisions of the DEP Water Policy Rule pertaining to water supply protection and
management, water conservation, and reuse (Sections 62-40.410;.412; and .416, FA.C.). (DEP
31 & WMDs, 1995.)
2. Implement water conservation programs through public education, technical and financial
assistance, and consumptive use permitting programs. (WMDs, local governments & utilities,
34 Ongoing.)

Water Suppl Strategy 1.2: Promote efficient and equitable
allocation of mited water among competing uses.
37 As local demands for water supplies reach the limits of available resources, we are seeing greater compe-
tition between urban, industrial and agricultural users. These user groups, in turn, are in ever-greater
competition with the needs of already-stressed ecological systems. However, the solution is not a simple
40 matter of improving water distribution networks. If Florida's economy and quality of life are to be sustained,
water supply programs must recognize and account for the water needs of both natural systems and new
development.
43 One of the most basic tenets of State Water Policy, which guides actions of the department and districts, is
that programs must strive to ensure safe, affordable, and reliable supplies for all reasonable-beneficial
uses. The term "reasonable-beneficial" is defined to mean,











1 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 (s.
373.019(4), F.S.)

4 Consumptive use permitting is the primary tool employed by the WMDs to ensure that water resources are
used in a reasonable and beneficial manner. Pursuant to s. 373.223, F.S., in order to obtain a consumptive
use permit in Florida, the applicant must establish that the proposed use of water:
7 (a) Is a reasonable-beneicial use
(b) Will not interfere with any presently existing legal use of water; and
(c) Is consistent with the public interest

10 This three-part test considers the finite limits of water availability, It includes examination of all options to
prevent withdrawals from causing significant harm to the resource.

Selected Action Steps:

13 1. Continue efforts to develop alternative water allocation strategies for all Water Resource
Caution Areas (WRCAs). (DEP, & WMDs, Ongoing.)
2. Pursuant to requirements of Chapter 373, F.S., Chapter 62-40, FAC., and WMD Rules,
16 continue to implement consumptive use permitting programs to prevent water withdrawals from
causing significant harm to water resources or associated natural systems. (DEP & WMDs,
Ongoing.)
19

Water Supply Strategy 1.3: Promote alternative water supply
technologies.

22 Selected Action Steps:

1. Implement revisions to the DEP Water Policy Rule (Sections 62-40.310(g) and 62-40.410,
FAC.) pertaining to alternative water supplies and determining whether a water use is a
25 reasonable-beneficial use. (DEP & WMDs, 1996.)
2. Develop a protocol for chemical and biological testing to help determine the causes) of toxicity
in by-product water generated from drinking water desalination. (DEP, 1996.)
28 3. Develop appropriate aquifer storage and recovery criteria. (DEP, WMDs, & EPA, 1997.)
4. Implement alternative water supply funding programs pursuant to s. 373.1961(2), F.S.,
including submittal of annual reports on alternative water supply funding programs pursuant to s.
31 373.1961(2)0), F.S. (WMDs, 1996 Ongoing.)
5. Cooperate with the appropriate entities to implement a seawater desalination facility through
the New Water Sources Initiative. (SWFWMD, West Coast Regional Water Supply Authority, &
34 Utilities, 1995 Ongoing.)
6. As part of statewide storm water management, encourage the use of storm water for beneficial
purposes such as irrigation, industrial cooling, ornamental ponds, and artificial ground water
37 recharge for creation of buffers against saltwater intrusion in coastal areas. (DEP & WMDs,
Ongoing.)












Water Supply Issue 2: Depletion of easily developed local
water sources is increasing pressure for transfers of water.

4 As easily-developed sources become more scarce, there is growing pressure to explore options for long-
distance water transport, sometimes across WMD boundaries. Some areas in central or northern Florida
are increasingly viewed by water suppliers in more populated areas to the south as attractive solutions to
7 projected water supply deficits. However, such transfers must be considered in terms of long-term
sustainability of water resources and be assessed in context with other, often competing, public interests
that are involved in water management. The State Comprehensive Plan states that it is state policy to
10 "Encourage the development of local and regional water supplies within water management districts
instead of transporting water across district boundaries" (s. 187201, F.S.). The process and general criteria
for deciding if proposed transfers of ground water are in the public interest are prescribed in s.373.2295,
13 F.S. Further guidance is provided in Florida Statutes, including the following:

Cooperative efforts between municipalities, counties, WMDs, and DEP are mandatory in order to
meet water needs...in a manner which supply adequate and dependable supplies of water where
16 needed without resulting in adverse effects upon the areas from which the water is withdrawn...(s.
373.196(1), F.S.).
In the performance of, and in conjunction with, its other powers and duties, a water management
19 district shall not deprive, directly or indirectly, any county wherein which water is withdrawn to the
prior right to supply reasonable and beneficial needs of the county or any of the inhabitants or
property owners therein. (s. 373.1961(5), F.S.)

22 In short, meeting future water supply needs will require close cooperation between cities and counties within
each WMD, and if interdistrict water or other long-distance transfers are allowed, the WMDs must ensure
that the area being supplied does not benefit at the expense of the area where the withdrawal occurs. In
25 keeping with state law and this basic concept, the DEP Water Policy Rule requires that any transfer or use
of ground water across WMD boundaries must have the approval of the district where the withdrawal
occurs (s. 62-40.422(1), FAC.), and any such transfers of surface water must have the approval of both
28 WMDs (s. 62-40.422(2), FA.C.).

Water Supply Strategy 2.1: Promote optimization of local sources
before consideration of long-distance transport of water.

31 Selected Action Steps

1. Require that local sources, demand management measures, and alternative sources be
developed to the greatest extent practicable, considering the environmental, economic, and
34 technical feasibility of such alternatives, before considering long distance transport. (DEP &
WMDs, Ongoing.)
2. Encourage, assist in, and where appropriate, require the development and efficient use of
37 alternative sources of water, including reuse of reclaimed water; greywater use; desalination;
retention, storage and beneficial use of storm water; and other appropriate alternative sources to
ensure water availability, reduce the demand for conventional sources, and to maximize and
40 maintain existing sources. (DEP & WMDs, Ongoing.)
3. Ensure that proposals for transfer of water are fully assessed pursuant to provisions of s.









1 373.2295, F.S. and s. 62-40.422, FA.C. (DEP & WMDs, Ongoing.)

Water Supply Issue 3: Inadequate information regarding
quantities, locations, and availability of water supplies to
4 support new growth hinders efforts to keep demands
within the limits of water availability.

In order for the three-part consumptive use permitting test to be applied effectively, it is critical that
7 information on quantities, location and availability of water resources be reliable and readily available to the
WMD consumptive use permitting programs. This information is also critical for local government efforts to
assure that planned growth and development will not exceed the limits of water availability. Water supply
10 planning is underway by the WMDs, but defining the limits of Florida's water resources requires ongoing
research, which is both expensive and time consuming.

Water Supply Strategy 3.1: Enhance capabilities of DEP and WMD
13 programs to ensure safe, affordable and reliable supplies for all
reasonable-beneficial uses.
All five WMDs have developed or are developing water supply needs and sources plans. Needs and
16 sources planning is intended to provide the framework for water supply development and management for
at least two decades. As part of a statewide effort to improve the consistency and continuity of water use
data, DEP and the WMDs participate in a cooperative program with the United States Geological Survey
19 (USGS) to collect, compile, and publish water use data for Florida on a five-year basis. Comparison of
existing and projected demands with future sources allows the identification of additional needs for water
supply development. This advance planning identifies opportunities to address growing needs before they
22 become critical or damage water and related natural systems.

Selected Action Steps:

1. Continue to exercise general supervisory authority over the WMDs, with special emphasis on
25 promoting efforts to obtain adequate information about the availability of water supplies. (DEP,
Ongoing.)
2. Implement revisions to the DEP Water Policy Rule (Chapter 62-40, FA.C.) adopted by the
28 Environmental Regulation Commission on December 1, 1994 and March 24, 1995. (DEP &
WMDs, Ongoing.)
3. Continue the establishment of minimum flows and levels on a priority basis pursuant to s
31 373.047, F.S., and schedules in DWMPs, including the determination of safe or sustainable yields
from ground and surface water sources.
4. Administer water shortage plans and water conservation programs. (WMDs, Ongoing.)
34 5. Assist, as appropriate, in water supply development, including the development of alternative
sources such as conservation, reuse, desalination, etc. (WMDs, Ongoing.)
6. Continue the cooperative program with the USGS to collect, compile, and publish statewide
37 water use data on a five-year basis. (DEP, WMDs, and USGS, 1995 Ongoing.)









1 Water Supply Strategy 3.2: Improve coordination between state and
regional water management programs and local government
comprehensive planning, particularly in terms of providing technical
4 information and assistance to local governments.

Selected Action Steps:

7 1. Provide technical assistance and available water supply information to regional planning
councils and local governments in a form applicable to regional policy development and local
government comprehensive planning. This should include the completion and updating of ground
10 water availability inventories pursuant to s. 373.0395, F.S. (WMDs, Ongoing.)
2. Provide outreach mechanisms for assisting local governments in assuring that water supply
demands of planned growth do not exceed water availability. (WMDs, Ongoing.)
13 3. Expedite completion of ground water basin availability inventories pursuant to s. 373.0395, F.S.
(WMDs, Ongoing.)
4. Through the existing plan review process, increase emphasis on review of the Conservation
16 and Potable Water elements of local government comprehensive plans to ensure that they reflect
the limitations of available ground and surface water and other available water supplies, pursuant
to provisions of s. 373. 0395, F.S. (DEP & WMDs, Ongoing.)
19

Water Supply Issue 4: The quality of water supplies has
been degraded in many locations, and existing supplies are
22 increasingly threatened by contamination.

There can be no separation of quality and quantity in water supply planning. Water pollution can diminish
water supplies as surely as overdrafling an aquifer. While primary concerns relate to contamination from
25 chemicals or pathogens, as explained in Chapter Four, overwithdrawals also can cause contamination by
inducing saltwater intrusion. Three important aspects of protecting the quality of water supplies in Florida
are: wellhead protection, protection of recharge areas, and ensuring compliance with federal and state
28 Safe Drinking Water Acts.

Wellhead protection refers to the protection of potable water wells from ground water contamination. It
involves the management of land use activities within the zone of influence of a well to ensure a safe water
31 supply. Florida accomplishes wellhead protection through a combination of local government, regional, and
statewide measures. Local governments are responsible for wellhead protection through their compre-
hensive plans, local ordinances and land use regulations. Acquisition of wellfield protection areas is also an
34 available option. Technical assistance from DEP and the water management districts is commonly utilized
to delineate areas where ground water is vulnerable to contamination. DEP is also responsible for some
aspects of statewide wellhead protection through its groundwater protection and regulated facilities
37 programs. These programs regulate and monitor the discharge of pollutants in the environment. Regional
planning councils can also play a role in providing policy direction, communication forums, and technical
assistance to local governments in the development of wellhead protection programs.

40 The fundamental issue in protection of recharge areas is ensuring that natural recharge processes are not
disrupted. Ground water recharge potential varies widely around the state, but in many instances,
population growth and attendant development has degraded or is threatening important recharge areas.









1 Areas receiving significant recharge may also be vulnerable to an increased potential for contamination.
DEP and the water management districts provide technical assistance to local governments in delineating
recharge areas. Protection of recharge areas would greatly benefit from improved linkages between land
4 and water planning.
The federal and state Safe Drinking Water Acts are designed to protect the quality of both drinking water
sources and drinking water distribution and delivery systems. As explained more fully under Water Supply
7 Strategy 4.3, below, responsibility for implementing these laws is shared by a variety of agencies at the
federal, state, regional and local levels.

Water Supply Strategy 4.1: Protect wellheads and aquifer recharge
10 areas through a combination of state regulation of potential sources
of groundwater contamination, acquisition land use regulation by
local governments, and providing tchnica assistance to local
13 governments.

Selected Action Steps:

1. Delineate recharge areas according to schedules in District Water Management Plans.
16 (WMDs, Ongoing.)
2. Develop strategies for aquifer protection, including recharge protection, wellhead protection
measures, and aquifer vulnerability mapping. (DEP & WMDs, 1996.)
19 3. Continue development of a statewide wellhead protection program. (DEP, WMDs, & local
Governments, Ongoing.)
4. Review local government comprehensive plan revisions and provide technical and financial
22 assistance to ensure that protection of wellheads is adequately addressed. (DEP & WMDs,
Ongoing.).
5. Continue development and support a Model Wellhead Protection Program with NWFWMD and
25 Leon County, for potential statewide application. (DEP, NWFWMD, and Leon County, 1996.)

Water Supply Strategy 4.2 : As described in Chapter Four, continue
28 to regulate and manage discharges to ground and surface waters to
protect, maintain, and improve their quality for water supply,
environmental protection, and other Leneficial purposes.

31 Selected Action Steps:

1. Continue to regulate municipal and industrial waste discharges pursuant to provisions of
Chapter 403, F.S., and DEP rules. (DEP, Ongoing.)
34 2. Continue to implement storm water management programs pursuant to DEP/WMD delegation
agreements. (WMDs, Ongoing.)
3. Implement SWIM programs for priority water bodies, including establishment of pollutant load
37 reduction goals for stormwater. (DEP & WMDs, Ongoing.)










1 Water Supply Strategy 4.3: Ensure water supply system compliance
with federal and state Safe Drinking Water Ats.

In addition to protecting the quality of water resources, it is critically important to ensure the safety of
4 drinking water delivered at the tap. The federal and state drinking water programs have this objective, and
involve shared responsibilities by EPA, DEP, the Florida Department of Health and Rehabilitative Services
(HRS), and the WMDs. DEP responsibilities include permitting, compliance, and enforcement, activities for
7 all public water systems covered under the federal and state Safe Drinking Water Acts, as well as the
setting of drinking water quality standards. In certain counties, DEP has delegated the permitting,
compliance, and enforcement responsibilities to HRS local programs. However, DEP retains overall
10 responsibility in those areas. EPA criteria, which are implemented at the state level, are directed at
protecting the quality of both drinking water sources and drinking water delivery systems. DEP implements
EPA criteria related to aquifers and surface waters used as sources for drinking water. Also, the WMDs
13 share responsibilities with DEP and HRS for regulating private well construction, including well locations to
avoid contamination from septic tanks and other known pollution sources. A significant point of mutual
concern between DEP and the WMDs is how to avoid degradation of drinking water sources from
16 withdrawal-induced movement of contaminated groundwater or saltwater.

Selected Action Steps:

19 1. Enforce drinking water permitting requirements. (DEP & HRS, Ongoing.)
2. Adopt federally mandated drinking water standards. (DEP, Ongoing.)
3. Implement DEP/HRS Interagency Agreement on delegating drinking water programs to eleven
22 approved county public health units. (DEP & HRS, Ongoing.)


Water Supply Strategy 4.4: Promote reuse of reclaimed wastewater.
Reuse involves taking what was once considered to be wastewater, providing a high degree of treatment
25 and disinfection, and using the resulting high-quality reclaimed water for a new, beneficial use. Extensive
treatment and disinfection ensure that public health and environmental quality are protected. Reuse of
reclaimed water will help the state meet the water supply and wastewater management needs of its
28 growing population. Recognizing this, both Chapters 373 and 403, F.S., established the encouragement
and promotion of reuse as state objectives.

Florida has implemented a comprehensive, award-winning reuse program to achieve these objectives. A
31 key component of the reuse program is a set of comprehensive rules governing reuse activities, which are
contained in Chapter 62-610, FA.C. The DEP Water Policy Rule (Chapter 62-40, FA.C.) requires a
reasonable amount of reuse within designated Water Resource Caution Areas.

34 Selected Action Steps:

1. Refine and expand existing rules in Chapter 62-610, FAC. Include specific rule provisions
regarding industrial use of reclaimed water, and for ground water recharge, aquifer storage and
37 recovery, and indirect potable reuse. (DEP, 1996.)
2. For utilities located within Water Resource Caution areas, ensure that permits for domestic
wastewater facilities are consistent with requirements for reuse contained in the utilities'
40 consumptive use permits. (DEP, Ongoing.)










3. Review reuse feasibility studies for domestic wastewater facilities located within Water
Resource Caution Areas. If reuse is feasible, limit deep well injection and surface water disposal
projects to those serving as backups to reuse systems. (DEP, 1995 Ongoing.)
4. Implement reuse provisions of Florida Statutes and the Reuse Conventions Report. (DEP &
WMDs, Ongoing.)
5. Place appropriate requirements for reuse in consumptive use permits issued to water utilities
and users of water within Water Resource Caution Areas. (WMDs, 1995 Ongoing.)
6. Develop guidelines for reuse feasibility studies for users of water. (DEP, WMDs, & PSC, 1995.)
7. Seek funding ($400,000) for a study of alternative disinfection methods (UV & Ozonation),
conduct the study through contract with a state university, and incorporate the results, as
appropriate, into DEP rules.
8. Prepare annual reports on reuse pursuant to requirements of s. 373.250, F.S. (WMDs,
Ongoing.).
9. Develop draft legislation to establish limitations on other disposal methods and to adjust the
submittal date for annual WMD reuse reports. (WMDs, 1996.)











1 Chapter Three: Flood


Protection and Floodplain


Management

4 Flood Protection and Floodplain Management Goals

Require local governments, in cooperation with regional and state agencies, to adopt plans and policies to
protect public and private property and human lives from the effects of natural disasters (s.
7 187201(7)(b)25., F.S.)
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. (s.
10 187.201((8)(b)8, F.S.)

Legal Basis for Management:

Florida Statutes contain a variety of expressions of intent regarding public safety and protection of human
13 lives and property from the effects of floods and other natural disasters. The WMDs are specifically
authorized by Chapter 373, F.S. to construct and operate flood control structures, and a major benefit of
land acquisition programs implemented by DEP and the WMDs is the reservation of significant floodplain
16 and flood prone areas from future development. However, local governments (cities, counties, and special
districts) have the primary responsibility for controlling land uses in privately-owned flood prone areas.
While DEP and the WMDs regulate how development projects in floodplains and floodprone areas are
19 constructed, operated and maintained, their powers to directly control land uses are restricted primarily to
properties owned by the agencies. The thrust of their efforts is to use rulemaking authorities under the
Water Resources Act (Chapter 373, F.S.) to implement legislative intent related to water, and where
22 possible, to support goals and policies expressed in the State Comprehensive Plan (Chapter 187, F.S.).
Examples include the following:
Protect and restore the ecological functions of wetlands systems to ensure their long-term
25 environmental, economic, and recreational values. (s. 187201 ((10)(b)7. F.S.)
Promote restoration of the Everglades system and of the hydrological and ecological functions of
degraded or substantially disrupted surface waters. (s. 187201((10)(b)8. F.S.)
28 Develop and implement a comprehensive planning, management, and acquisition program to
ensure the integrity of Florida's river systems. (s. 187201((10)(b)9. F.S.)
Protect and use natural systems in lieu of structural alternatives and restore modified systems. (s.
31 187201(8)4, F.S.)
Consider, in land use planning and regulation, the impact of land use on water quality and quantity;
the availability of land, water, and other natural resources to meet demands; and the potential for
34 flooding. (s. 187.201((16)(b)6. F.S.)










1 Avoid transportation improvements which encourage or subsidize increased development in coastal
high-hazard areas or in identified environmentally sensitive areas such as wetlands, floodways, or
productive marine areas. (s. 187.201((20)(b)12, F.S.)
4 Avoid the expenditure of state funds that subsidize development in high-hazard coastal areas. (s.
187.201(9) 3, F.S.)

To develop and regulate dams, impoundments, reservoirs, and other works and to provide water
7 storage for beneficial purposes. (s. 373.016(2)(c), F.S.)

To prevent damage from floods, soil erosion, and excessive drainage (s. 373.016(2)(d), F.S.)
Encourage nonstructural solutions to water resource problems and give adequate consideration to
10 nonstructural alternatives whenever structural works are proposed. (s. 62-40.310(3)(a), FA.C.)

Manage the construction and operation of facilities which dam, divert, or otherwise alter the flow of
surface waters to minimize damage from flooding, soil erosion, or excessive drainage. (s. 62-
13 40.310(3)(b), FA.C.)

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 and
16 associated natural systems.(s. 62-40.310(3)(c), FA.C.)

Encourage the development and implementation of a strict floodplain management program by
state, regional, and local governments designed to preserve floodplain functions and associated
19 ecosystems. (s. 62-40.310(1)(d), FA.C.)

Avoid the expenditure of public funds that encourage or subsidize incompatible new development or
significant expansion of existing development in flood prone areas (s. 62-40.310(3)(e), FA.C.)

22 Minimize flood-related emergencies, human disasters, loss of property, and other associated im-
pacts. (s. 62-40.310(3)(f), FA.C.)

Background Information
25
It is not surprising that flooding frequently occurs in a state that originally was one-half wetlands. Human
history in Florida is replete with flooding experiences, most notably the devastating hurricanes of the early
28 20th century that brought about the systems of canals and dikes that make much of central and south Florida
habitable. These systems, which include the Central and South Florida Flood Control Project, as well as
several other regional water conveyance facilities, represent major public investments. But even with these
31 major investments, the risk of flood damage still persists. Without proper land use controls, flood protection
facilities can actually contribute to increase flood risks by creating a false sense of security which encourages
unwise development in areas subject to flooding. Also, as new development further modifies storm water
34 runoff patterns, flood risks are often increased for areas that were previously not flood prone.
Flooding can occur in either floodplains (low-lying lands around rivers and streams, lakes, wetlands, and
coastal areas), or in other low-lying, poorly drained areas. Flooding occurs when rainfall is too intensive for
37 the land to absorb the extra runoff, when natural or artificial flow-ways are inadequate to accommodate
runoff, or when storm surges inundate coastal areas. The Department of Community Affairs estimates that
currently about 1.3 million people, or 13 percent of the state's 1993 population, live in areas subject to
40 flooding, even from minor hurricanes. The Federal Emergency Management Administration estimates about
1425 million acres, or 41 percent, of Florida is flood prone-the highest percentage of all 50 states.









1 Flooding in Florida typically is caused by heavy or prolonged rainfall from tropical storms and hurricanes,
large thunderstorms, and winter frontal activity. Rainfall in Alabama and Georgia can cause significant
flooding problems in North Florida as shown during tropical storms Alberto and Beryl in 1994. Major flood
4 events usually occur in early fall and late winter, or during hurricane season. Heavy summer thunderstorms
can cause some degree of flooding problems in nearly every community in the state.

Florida's high vulnerability to flooding demands an adequate response to protect the public health, safety,
7 and welfare. The economic and social impacts of flooding events can be staggering. For instance, statewide
flood damage from three tropical storms and two tropical disturbances in 1993 was approximately
$500,000,000. Future public liabilities related to flood losses can be greatly reduced through proper control
10 of development in floodplains and flood prone areas and maintenance of the existing flood protection
infrastructure. The FWP emphasizes the need for close cooperation between WMDs and local governments
to avoid or minimize flood risks to new development.

13 Flooding Issue 1: Human occupancy of and alteration of
flood lains and floodprone areas are threatening public
health, safety and welfare.

16 The cornerstone of any floodplain management strategy is adequate mapping of floodplains and flood prone
areas. However, because floodplain mapping is a complex, expensive, and time-consuming endeavor, many
areas are not adequately mapped. Many floodplain mapping efforts have occurred in response to specific
19 needs and in specific areas, but a coordinated, statewide approach has not been undertaken. Adequate
floodplain mapping is an important link between land use and water resources planning.

The 1994 Task Force on Land Use and Water Planning called for the Florida Water Plan to identify water
22 resources in need of restoration or protection. For the subject area of flooding, the best current formal
recognition of such areas is the 10-year and 100-year floodplains mapped by various agencies, including the
water management districts. The WMDs, in their respective District Water Management Plans, have
25 committed to schedules for updating and expanding floodplain mapping. Protecting the functions of
unaltered floodplains is a critical aspect of statewide ecosystem management efforts. Because many
floodplains in Florida have been altered, restoring their natural functions is also an important issue. Land
28 acquisition and management through the Save Our Rivers, Preservation 2000, and Conservation and
Recreational Lands and local programs provides a very effective tool for protecting and restoring floodplains.

Floodplain management responsibilities are shared among federal, state, regional, and local governments.
3f Local governments have the most direct control in floodplain management through land use planning and
regulation, land acquisition and management, and as sponsors for the flood insurance program administered
by the Federal Emergency Management Administration (FEMA). Water management districts and the DEP,
34 through surface water management regulations authorized in Part IV of Chapter 373, F.S., also regulate
development activities in floodplains and flood prone areas. Structural control of water is also a major WMD
responsibility in some areas of the state.

37 Intergovernmental coordination and clear definition of respective agency roles is critical because most
floodplains cross jurisdictional boundaries. Activities upstream and downstream can affect flow regimes at a
particular stream location, and inconsistent management approaches must be avoided. Linking regional
40 water resource planning and management with local land use planning and management can provide
opportunities to increase coordination between governments. For example, through the work of the Gover-
nor's Suwannee River Task Force, the eleven counties along this river system have coordinated land use
43 planning within the river's floodplain.









1 A common misconception in Florida is that the five regional WMDs are responsible for providing flood
protection for new development. However, where drainage and flood protection facilities are provided by the
WMDs, they are usually intended to serve only as part of the primary regional water conveyance system.
4 Local governments are responsible for restricting land uses in flood prone areas and providing the secondary
water conveyance facilities needed to serve local needs. Special districts, primarily Chapter 298, F.S., water
control districts, have also been created in some areas to construct and operate water control facilities to
7 serve localized needs. The WMDs have authority to regulate discharges into their facilities, and state policy
directs them and other entities to avoid or minimize adverse environmental impacts from construction and
operation of flood protection structures, to discourage locating public facilities in flood prone areas wherever
10 possible, and to minimize risks and damages when other locations are not feasible.

At the federal level, the U. S. Army Corps of Engineers (USACE) is responsible for most federal flood
protection projects in the state, but usually such projects must have a state or local sponsor. These projects
13 are subject to an array of federal and state environmental laws, regulations, and executive orders, and must
be coordinated with DEP and the appropriate WMD. It is critical to the success of state and regional water
management programs that federal flood control projects be planned and designed in concert with other
16 water management strategies and initiatives in the affected basin. Protection and restoration of water quality
and natural systems must be an inherent part of the design and operation of these projects.

Flooding Strategy 1.1: Foster nonstructural strategies in achieving
19 flood protection.

Flood protection is addressed in Florida through structural and nonstructural methods. Both approaches, to
be effective, require a thorough knowledge of where floodplains and flood prone areas are and the expected
22 severity and frequency of flooding.

The structural approach usually includes some combination of canals, dikes, dams, pumping stations, and
reservoirs. These facilities have opened areas for development that otherwise might not be habitable, but are
25 constructed and operated at considerable public or private expense. Statewide, the annual operation and
maintenance costs, for just the major, regional facilities, exceed $55 million. Continued operation and
maintenance of these facilities are critical issues in providing flood protection for those areas of the state
28 which depend on them to protect lives and property.

Experience has shown that the structural approach also has a considerable environmental cost. Many
facilities were constructed when we knew much less about the complex hydrologic cycle of Florida and the
31 delicate balance its water-related ecosystems depend on. Thus, other important issues for these facilities are
to restore areas that have experienced environmental degradation, or reduce adverse environmental impacts
wherever practicable.

34 The nonstructural approach uses a combination of techniques to minimize encroachment in flood prone
areas. Regulations, for example, strive to ensure that activities in flood prone areas are properly located and
managed, e.g., elevating buildings above the 100-year flood level. Public land acquisition precludes
37 development in flood prone areas, while providing areas for public recreational (or other) use. Providing
technical assistance such as flood maps or other data to local government land use planning programs will
help direct inappropriate activities away from flood hazard areas.

40 Nonstructural floodplain management is the preferred approach, both economically and environmentally.
However, in those parts of Florida where the structural approach has been used since the early 1900's, the
nonstructural approach often is not feasible with current development patterns. In these areas, the challenge
43 is to provide flood protection while minimizing adverse environmental impacts.










1 Selected Action Steps:


1. Through the Environmental Resource Permitting (ERP) programs of DEP and the WMDs,
ensure that the natural flood conveyance capability of water courses is maintained. (DEP & WMDs,
4 Ongoing.)
2. Identify and, where appropriate, designate natural floodways as Works of the District. (SRWMD
& SWFWMD, Ongoing.)
7 3. Incorporate flood protection considerations into land acquisition programs. (DEP & WMDs,
Ongoing.)
4. Implement the DEP Water Policy rule, including those portions that deal with floodplain man-
10 agement. (DEP & WMDs, 1995-Ongoing.)

Flooding Strategy 1.2: Minimize the impacts from future floods.
Selected Action Steps:
13 1. Consistent with the primary purposes of WMD facilities, construct, operate and maintain works of
the districts in a manner which minimizes flood hazards to existing development and adverse
impacts to natural systems. (WMDs, Ongoing.)
16 2. In priority areas, delineate floodplains and floodprone areas, and provide this information to
RPCs and local governments for land use planning and regulatory program purposes. (WMDs,
Ongoing.)
19 3. Review amendments to local government comprehensive plans and developments of regional
impact ( DRIs) and to ensure that flooding potential is recognized and that risks are minimized.
(DEP & WMDs, Ongoing.)
22 4. Complete the Upper St. Johns River Basin Project. (SJRWMD, 1998.)


Flooding Issue 2: Inadequate preparation for flood disasters
25 and response have increased property damage and risks to
human safety.

The State of Florida Comprehensive Emergency Management Plan, administered by the DCA, Division of
28 Emergency Management, coordinates the activities and responsibilities of 23 state agencies, 5 water
management districts, school districts, and numerous private organizations during declared emergencies.
The experiences of Hurricane Andrew in 1992 sharpened the state's awareness of the need to be prepared
31 for, and respond to, flooding and other natural disasters. The five WMDs have entered into a mutual aid
agreement as part of a Cooperating Emergency Management Plan. This plan and agreement facilitates
providing assistance between agencies in response to natural or other disasters.

34 The most effective opportunity to improve emergency management procedures, however, is after emergency
situations occur and emergency management procedures are completed. An ongoing procedure to evaluate
the effectiveness of emergency management procedures, after the emergency has passed, needs to be
37 coordinated among all responsible entities.









1 Flooding Strategy 2.1: Reduce flood risks to property and human
safety.

Selected Action Steps:
4 1. Through the Environmental Resource Permit programs of DEP and the WMDs, ensure that
dams and other water retention or management structures are properly designed, constructed and
maintained to minimize flood risks. (DEP & WMDs, Ongoing.)
7 2. Ensure the integrity of existing and future dams and structural flood control facilities through
regular inspection, maintenance and appropriate refurbishment or replacement. (DEP & WMDs,
1996)
10 3. Maintain and operate water control structures in the Upper Ocklawaha River Basin. (SJRWMD,
Ongoing)
4. Complete canal conveyance capacity studies (SFWMD, 1993 to 1997):
13 C-7, C-8, C-23. (1993 to 1997.)
C-15, C-16. (1993.)
C-1W, C-100, C-100B. (1993 to 1995.)
16 L-10, L-12. (1993 to 1994.)

Flooding Strategy 2.2: Improve provision of flood-related emergency
19 preparedness and response.

Selected Action Steps:

1. Work with DCA Division of Emergency Management and others to assess and clarify flood
22 emergency planning and response responsibilities of DEP and the WMDs. (DEP, WMDs, DCA,
local governments, & Special Districts. 1996 Ongoing.)
2. Work with DCA, FEMA, USACE and local governments to provide effective response to flood
25 emergencies. (DEP, WMDs, DCA, FEMA, USACE, & Local Governments, Ongoing.)











Chapter Four: Water Quality

Water Quality Goal

It is declared to be the public policy of this state to conserve the waters of the state and to protect, maintain,
4 and improve the quality thereof for public water supplies, for the propagation of wildlife and fish and other
aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses and to provide
that no wastes be discharged into any waters of the state without first being given the degree of treatment
7 necessary to protect the beneficial uses of such water. (s. 403.021(2), F.S.)

Legal Basis For Management

Protection of water quality has been a priority concern in Florida for many years, which is reflected in
10 numerous provisions of Florida Statutes and DEP and WMD rules, including the following:
Protect surface and groundwater quality and quantity in the state. (s. 187.201(8)(b)10., F.S.)
Eliminate the discharge of inadequately treated wastewater and stormwater runoff into the waters of
13 the state. 187.201((8)(b)12. and 187201(23)(b)13., F.S.)
The state should assure a safe and healthful environment through monitoring and regulating
activities which impact the quality of the state's air, water, and food. (s. 187.201 (6)(b)(2.b., F.S.)
16 Protect aquifers from depletion and contamination through appropriate regulatory programs and
through incentives. (s. 187.201(8)(b)9. F.S.)
Florida shall improve and restore the quality of waters not presently meeting water quality standards.
19 (s. 187.201(8)(a), F.S.)
To minimize the degradation of water resources caused by the discharge of stormwater (s.
373.016(2)(e), F.S.)
22 The Department shall include goals in the state water policy for the proper management of
stormwater. (s. 403.0891, F.S.)
It is a goal of the state that all its agencies, the State University System, the State Board of
25 Community Colleges, and all municipalities, counties, regional agencies, and special districts,
develop and implement strategies to prevent pollution, including public information programs and
education programs. (s. 403.073, F.S.)
28 It shall be a goal of surface water management programs to protect, preserve, and restore the
quality, quantity and environmental values of water resources. (s. 62-40.432(1)(a), FAC.)
The primary goals of the state's stormwater management program are to maintain, to the maximum
31 extent practicable, during and after construction and development, the pre-development stormwater
characteristics of a site; to reduce stream channel erosion, pollution, siltation, sedimentation, and
flooding; to reduce stormwater pollutant loadings discharged to waters to preserve or restore
34 beneficial uses; to reduce the loss of fresh water resources by encouraging the reuse of stormwater;
to enhance ground water recharge by promoting infiltration of storm water in areas with appropriate
soils and geology; to maintain the appropriate salinity regimes in estuaries needed to support the
37 natural flora and fauna; and to address stormwater management on a watershed basis to provide
cost effective water quality and water quantity solutions to specific watershed problems. (s. 62-
40.432(1)(b), FA.C.)









1 Restore and protect the quality of ground and surface water by solving current problems and by
ensuring high quality treatment for stormwater and wastewater. (s. 62-40.310(2)(a), F.A.C.)

Identify existing and future public water supply areas and protect them from contamination. (s. 62-
4 40.310(2)(b), FA.C.)


Background Information

Surface Water Quality
7 Good water quality is essential for natural systems, agriculture, industry, recreation, commercial fishing,
public health, drinking water, and sustaining water resources for the future. Due to the close relationships
among natural resources, land use, and infrastructure, Florida must address surface water management on
10 a watershed basis. Surface water basins are unique, and, therefore, management programs need to be
tailored to the attributes of individual watersheds.
To be effective, surface water management programs need to address both point and nonpoint sources of
13 pollution. Point sources, which are regulated by DEP, include discharges from industries and municipal
wastewater treatment plants. Over the past 25 years substantial progress has been made in reducing
loadings from this type of pollution. Recent state efforts to further improve management of point sources
16 include application of the "Total Maximum Daily Loads' (TMDLs) concept, whereby point source discharge
permits are considered within the context of all pollution loadings to a waterbody and the overall pollution
load reductions needed to achieve and maintain state water quality standards.
19 Nonpoint sources include pollution loadings from a variety of sources such as stormwater runoff and indirect
sources such as atmospheric deposition. Among the harmful substances involved are sediment from
erosion, fertilizers and pesticides from farms and lawns, oil, gasoline and metals from roads and parking
22 lots, and septic tank leachate. Statewide, this type of pollution is much more serious, diffused, and difficult
to manage than point sources.
Nonpoint sources such as stormwater runoff and septic tanks are regulated by a combination of programs
25 involving EPA, DEP, the WMDs, HRS, Department of Agriculture and Consumer Services (DACS), and local
governments. Stormwater runoff now is considered to be the single most significant source of pollution for
Florida's surface waters. Regulatory programs for stormwater runoff currently address the impacts
28 associated with new construction and redevelopment. However, older developments (constructed before the
establishment of stormwater permitting programs) contribute significant quantities of contaminated runoff to
Florida's waters.
31 In 1987, the Florida legislature created the Surface Water Improvement and Management (SWIM) program
to address problems that threaten the state's surface water bodies. Revised in 1991, the act declared that
many natural surface water systems in Florida were degraded or in danger of becoming degraded. The act
34 directed the WMDs to design and implement plans for protecting and improving priority water bodies. To
date, 28 systems of lakes, rivers, and estuaries have received funding as SWIM water bodies (see Table 1).
Other water bodies have been identified as SWIM priority water bodies but have not received funding.
37 Several of the WMDs have implemented programs similar to SWIM for non-SWIM waterbodies.
Also in 1987, Congress enacted Section 319 of the Federal Clean Water Act, establishing a national
program to address the impacts of nonpoint source pollution. The Act requires all states to assess the
40 impact of nonpoint sources on their respective water bodies and to develop a plan and program to abate
these impacts. Florida's Nonpoint Assessment and Management Plan was approved by EPA in 1989. The
implementing framework for this program is based on provisions of the Florida Water Resources Act (Ch.
43 373, F.S.) and the Florida Air and Water Pollution Control Act (Ch. 403, F.S.), with special emphasis on
SWIM water bodies for receipt of Section 319 federal funding. The focus of the program is to support the
goals and objectives of the State Water Policy (Ch. 62-40, FAC.).










1 While DEP and the WMDs are statutorily the chief stewards for protecting and restoring Florida's water
resources, the public also plays a critical role, particularly in avoiding and helping to clean up nonpoint
source pollution. Many surface water management endeavors require the direct involvement of individuals,
4 citizen groups, and the private business sector. This involvement may include such diverse activities as
responsible use of pesticides and fertilizers, proper disposal of potential pollutants, participating in cleanup
campaigns and generally practicing good environmental stewardship. The public should be involved in
7 promoting stormwater utilities, evaluating government programs, and implementing grass roots educational
and cleanup efforts. Partnerships are needed between government agencies, the general public, and the
private sector to help protect and restore water quality of the state's surface waters.

10 Table 1 : SWIM-FUNDED WATER BODIES


SFWMD SWFWMD SJRWMD SRWMD NWFWMD
Lake Tampa Bay Lake Apopka Suwannee River Lake Jackson
13 Okeechobee Rainbow River/Blue Indian River System Apalachicola
Fla. Run Lagoon Santa Fe River River and Bay
Everglades Banana Lake System System System
16 Indian River Lower St Coastal Rivers Pensacola
Lagoon Crystal River/Kings Johns River System Bay
System Bay
system Panasoffkee Upper Alligator Lake Deerpoint
Lake Panasoffkee Ocklawaha Lake
19 Biscayne Bay Charlotte Harbor River ver
Charlotte Harbor River Syem
System
Lake Tarpon Waccasassa
Lake Thonotosassa River System
Winter Haven Chain
of Lakes
Sarasota Bay


Ground Water Quality
Since ground water is the source of potable water for over ninety percent of Florida's population, great care
22 must be exercised to ensure that the source aquifers are protected from contamination. Most of the state's
groundwater supply is withdrawn from the Floridan aquifer, which underlies the entire state. Parts of the
Floridan are overlain by clay, which acts as a confining bed, constraining the vertical movement of water and
25 creating artesian pressure. Where the Floridan aquifer contains poor quality water, other aquifers are used.
In Escambia and Santa Rosa counties, the unconfined to semi-confined Sand and Gravel aquifer is the
principal source of supply. In Dade, Broward, and parts of Palm Beach County the primary source is the
28 Biscayne, a surficial limestone aquifer that is highly permeable and particularly vulnerable to contamination.
Unnamed surficial and intermediate aquifers are important supply sources along parts of the east coast.
Aquifer protection involves identifying areas that are especially susceptible to contamination, minimizing the
31 threat from pollution sources, monitoring to detect problems and trends, and cleaning up contaminated
sites. Aquifers that are unconfined or have a confining layer breached by sinkholes are naturally vulnerable
to pollutants introduced at the land surface. Areas where drinking water is supplied by private wells in an
34 unconfined or semi-confined aquifer are particularly sensitive. As was noted in the Water Supply chapter,
overpumping (or "mining) ground water can also pose a serious threat to ground water quality.









1 The federal Safe Drinking Water Act was passed in 1974 to protect drinking water and the aquifers that
supply it. The Act established a system of national drinking water standards and treatment technologies, a
sole source aquifer protection program, an underground injection control program for disposal of wastes,
4 and a wellhead protection program. In 1983, state legislation provided funding for new programs that
address storage and disposal of hazardous waste, cleanup of contaminated sites, and statewide ground
water quality monitoring. Also in 1983, the Department of Environmental Regulation established the state's
7 first ground water rule in Chapter 62-520, Part IV, F.A.C. The rule classifies aquifers as G-l or G-ll (potable)
and G-lll or G-IV (non-potable) on the basis of water quality and geologic confinement. Discharge of any
toxic or carcinogenic materials into ground water is prohibited, except into G-IV aquifers. In addition,
10 discharges to G-1 or G-2 aquifers must meet the federal primary and secondary drinking water standards
beyond a small zone of discharge allowed for dilution and treatment.

DEP rules regulate numerous activities having the potential to affect ground water quality. Some examples
13 are wastewater treatment plants, wastewater reuse, landfills, hazardous waste, and underground storage
tanks. Other agencies with major roles in the protection of ground water are the WMDs (prevention of salt
water intrusion through regulation of consumptive use of water, surface water management, and well
16 construction), HRS (regulation of onsite sewage disposal systems), DACS (regulation of fertilizer and
pesticide use), and local governments (regulation of land use).

Water Quality Issue 1: While significant accomplishments
19 have been made Florida's surface and ground waters
continue to be degraded by point and nonpoint sources of
pollution.
22
Water Quality Strategy 1.1: Improve research, data collection and
data sharing.

25 Chapter 373, F.S., establishes DEP as the state's lead water quality monitoring agency and central
repository for surface water and ground water information. Section 373.026(2), F.S., directs all local
governments, water management districts, and state agencies to cooperate with the DEP in making data
28 available to the department The FWP supports expanded coordination and more efficient use of program
resources related to research, monitoring and data management, including the development and
implementation of a comprehensive water quality monitoring program.

31 Selected Action Steps:
1. Continue support and expansion of the Ground Water Quality Monitoring Network and the Surface
Water Ambient Monitoring Program, with opportunities provided for private sector comment. (DEP,
34 WMDs, & local governments, Ongoing.)
2. Evaluate the Surface Water Ambient Monitoring Program and the Ground Water Quality
Monitoring Network to determine how to better integrate the two, and more effectively use the data
37 generated to make water quality management decisions.(DEP & WMDs, 1995.)
3. Secure additional funding for both monitoring networks. (DEP & WMDs, 1996).
4. Continue to prepare State Water Quality Assessment (305(b)) Reports. (DEP, 1995 -Ongoing.)
40 5. Develop statewide GIS coverage and coordinate research activities and data sharing. (DEP,
WMDS, RPCs & local governments, 1997.)









1 6. Enter all collected water quality data into the STORET data management system. (DEP, WMDs,
& local governments, Ongoing.)
7. Establish workshops among WMDs, DEP and other agencies to develop procedures for
4 cooperative modeling, GIS, and data sharing for TMDL development and implementation, and for
evaluations of the effectiveness of established TMDLs. (DEP & WMDs, 1996 Continuing.)
8. Develop consistent methodologies for delineating areas of interaction between surface and
7 ground water. (DEP & WMDs, 1996 -Continuing.)

Water Quality Strategy 1.2: Secure dedicated and adequate funding
o1 for surface water programs, including SWIM.

State, regional, and local agencies already know where many surface water quality problems exist, but have
inadequate resources to address them effectively. One of the principal problems facing water resource
13 managers is the lack of dedicated sources of funding for implementing adequate surface water protection
and restoration programs. State funding for SWIM programs, in particular, has diminished over recent years.
Since its inception in 1987, the statewide SWIM program has depended heavily on year-by-year
16 appropriations from the legislature, and matching by the WMDs. The only continuing source of revenue for
SWIM, the Advance Disposal Fee (ADF) required on non-recycled food containers, dwindled as companies
met recycling targets, and was phased out, effective October 1,1995. Also, the 1995 Legislature provided no
19 new SWIM funding, although it did authorize the WMDs, for one year, to use part of the Save Our Rivers
acquisition program funding to help support SWIM efforts. Without a dedicated source of adequate funding,
the WMDs must either assume full funding responsibility or discontinue ongoing SWIM efforts.

22 Selected Action Steps:

1. Work with the Legislature to secure a specific, continuing funding source for the statewide SWIM
program. (DEP & WMDs, Ongoing.)


25 Water Quality Strategy 1.3: Implement statewide stormwater
management.

The EPA still retains authority over the National Pollutant Discharge Elimination System (NPDES) municipal
28 stormwater system program. Under this program, local governments are required first to conduct an
inventory of receiving water bodies and stormwater systems that discharge into water bodies. The next step
is to identify ways to reduce loadings into the receiving waters. Many local governments have requested that
31 the WMDs provide help during the permitting process in the form of financial assistance for stormwater
master planning and the development of pollutant load reduction goals (PLRGs).

Selected Action Steps:
34 1. Administer the state stormwater program, in cooperation with the WMDs and other parties, and
support the concept of watershed management as an integral part of ecosystem management
initiatives. (DEP, WMDs & local governments, Ongoing.)
37 2. Develop and implement stormwater PLRGs according to schedules presented in District Water
Management Plans. (DEP & WMDs, Ongoing.)
3. Assume delegation of the federal NPDES stormwater permitting program. (DEP, 1999).










1 4. Assist local governments in establishing stormwater utilities. (DEP, WMDs, & local governments,
1992-Ongoing.)
5. Continue to participate in the Coastal Nonpoint Pollution Control program pursuant to provisions
4 of Section 6217 of the Coastal Zone Reauthorization Amendments of 1990. (NOAA, EPA, DEP,
DCA, local governments, Ongoing.)
6. Continue to participate in the Nonpoint Source Pollutant abatement program pursuant to s. 319 of
7 the National Clean Water Act. (EPA, DEP, WMDs, local governments, Ongoing.)
7. Continue and where possible expand the process for permitting Agricultural Surface Water
Management (ASWM) systems. (DEP, WMDs, & DACs, 1996-Ongoing.)
10 8. Establish coordination between WMD efforts related to stormwater Pollutant Load Reduction
Goals (PLRGs), and DEP development of Total Maximum Daily Loads (TMDLs). (DEP & WMDs,
1995- Ongoing.)


13 Water Quality Strategy 1.4: Continue and refine statewide efforts to
reduce impacts from point source pollution.

DEP is responsible for implementing, in accordance with EPA guidelines, the point source portion of the
16 EPA's NPDES program. Significant reductions in point source pollution (discharges from wastewater
treatment plants and industries) have been achieved since the Clean Water Act was passed in 1972. Never-
theless, additional reductions in point source discharges will have to be made to restore many lakes,
19 streams and estuaries to their full beneficial uses. DEP received delegation of the NPDES point source
program in May 1995, an action that may increase overall efficiency of the program. In addition to the
routine regulatory approaches, reuse of reclaimed water presents an opportunity for further reducing
22 discharges into surface water bodies and is a statewide objective established in Florida laws.

Selected Action Steps:

1. Implement the recently delegated federal NPDES point source surface water permitting
25 program. (DEP & EPA, 1995.)
2. Continue to implement the federally delegated Underground Injection Control program. (DEP,
Ongoing.)
28 3. Secure additional resources to increase the number of compliance inspections conducted on all
discharging facilities to the level of service required by rule. (DEP, 2000.)
4. Adopt additional general permit and exemption criteria for small industrial wastewater facilities
31 pursuant to the recommendations of the Industrial Wastewater Task Force. (DEP, 1995-2000.)
5. Obtain point source loadings data for TMDL development (DEP, Ongoing.)
6. Incorporate TMDLs into NPDES permits. (DEP, Ongoing.)
34 7. Continue and amplify existing contract with the Florida Rural Water Association to conduct
technical assistance activities for small wastewater and drinking water facilities to improve
compliance. (DEP, 1996 and Continuing.)
37 8. Expand DEP technical assistance on pollution prevention, and provide incentives for voluntary
pollution control programs. (DEP, Ongoing.)
9. Through administration of the State Revolving Fund, continue to encourage local government
40 actions toward improving domestic wastewater management. (DEP, Ongoing.)









1 Water Quality Strategy 1.5: Update and revise state water quality
standards.

State narrative water quality criteria for nutrients (nitrogen and phosphorus) are often difficult to implement,
4 even though they are important indicators of pollution from agricultural runoff, residential runoff, and poorly
functioning septic tanks. In some cases, water-body specific numeric criteria can be developed. In addition,
current DEP water quality standards only reflect differences in class designations (Classes I-V). However,
7 natural conditions also vary substantially across physiographic regions for different types of water bodies
(e.g., estuaries vs. upland lakes and streams). There are also continuing needs to develop numeric criteria
for priority pollutants, refine water quality criteria for ground waters, and develop develop practical measures
10 of biological integrity.

Selected Action Steps:

1. Assess the ability of existing state water quality criteria to protect designated uses in the
13 Everglades Protection Area and Agricultural Area waters. (DEP & SFWMD, Ongoing.)
2. Develop numeric phosphorus criteria for the Everglades Protection Area. (DEP & SFWMD, by
2003.)
16 3. Update and revise state water quality standards through the Triennial Review of Water Quality
Standards. (DEP, Ongoing.)
4. Reclassify the Fenholloway River from Class V to Class III. (DEP, 1997.)
19 5. Compile surface water guidance concentrations for pesticide contamination. (DEP & EPA, 1998.)

Water quality Strategy 1.6: Develop and implement appropriate
methods to delineate areas vulnerable to ground water contamination,
22 and devise strategies to prevent pollution of ground water.

Selected Action Steps:

1. Pursuant to s. 576.045, F.S., in conjunction with DACS, implement programs to reduce
25 agriculture-related nitrate contamination of groundwater, through enhanced Best Management
Practices (BMPs) for fertilizer use and dairy operations. (DEP& DACS, 1995 Ongoing.)
2. Develop and implement methods to delineate areas vulnerable to contaminants other than
28 agricultural nitrates. (DEP, 1996-97.)
3. Delineate prime ground water recharge areas. (WMDs, 1995-98)
4. Identify pollution prevention measures to be implemented in vulnerable areas. (DEP, WMDs &
31 local governments, Ongoing.)
5. Conduct research to determinine the causes and biological effects of increased nitrate
concentrations in coastal springs. (DEP & SWFWMD, Ongoing)

34 Water Quality Strategy 1.7: Reduce the impacts of human-induced
saltwater intrusion or upcoming on ground water quality.









1 Saltwater movement, a common occurrence in Florida's aquifers, is a hydrologic consequence when
significant ground water withdrawals occur. Saltwater intrusion or upcoming becomes an issue when
movement of saline water reaches, or threatens to reach and contaminate, fresh water supplies. This
4 phenomenon has been documented in several areas of the state, including inland areas, and poses a
serious threat to many municipal water supplies. Saltwater intrusion aptly demonstrates the intricate linkage
between water quality and water quantity, and must be dealt with through measures which prevent
7 withdrawals in excess of sustainable yields.

Selected Action Steps:

10 1. Establish minimum aquifer water levels pursuant to s. 373.042(2), F.S., and schedules in District
Water Management Plans. (WMDs, Ongoing.)
2. Reevaluate and make necessary changes to the consumptive use permitting process to assure
13 consistency with WMD needs and sources plans and established minimum flows and levels.
(WMDs, Ongoing.)
3. Implement the alternative source initiatives identified in Water Supply Strategy 4.4. (DEP, WMDs,
16 EPA, Ongoing).
4. Develop strategies and schedules for identifying water availability of priority aquifers and surface
waters used for water supply, and provide this information to Regional Planning Councils, local
19 governments and water suppliers. (WMDs, 1995 Ongoing.)
5. Develop management strategies via the joint DEP/WMD work group on saltwater intrusion. (DEP
& WMDs, 1994 1995.)


22 Water Quality Strategy 1.8: Reduce the threat of water contamination
from improper management of solid and hazardous wastes.

Although Florida is not heavily industrialized, a continuing threat to Florida's water resources is the improper
25 handling, storage and disposal of solid and hazardous wastes. Inadequate attention to this problem in the
past has spawned a legacy of water contamination from solid and hazardous waste disposal sites in every
region of the state. The enormous costs and difficulty associated with cleaning up these sites accentuate the
28 need to focus more attention on reducing the level of hazardous and solid waste entering Florida's overall
waste stream, as well as the size of the waste stream itself. DEP, in cooperation with EPA, local
governments and industry is implementing a variety of regulatory and incentive actions to do this.

31 Selected Action Steps:

1. Implement recycling and other waste reduction measures to achieve major reduction in mercury,
34 cadmium, and lead in Florida's municipal solid waste stream. (DEP & local govemments, Ongoing.)
2. Identify, clean-up and close contaminated sites at facilities which store or dispose of hazardous
wastes. (DEP, EPA, local governments, and industry, Ongoing.)
37 3. Through implementation of management standards, training on best management practices, and
technology transfer workshops, ensure that construction and demolition debris disposal sites in
Florida have adequate water quality monitoring and effective pollution controls. (DEP, local
40 governments, and industry, Ongoing.)
4. Through pollution prevention initiatives, achieve major reductions in new discharges of regulated










liquid contaminants. (DEP, local governments & industry, Ongoing.)
5. Working with local governments, complete risk-based cleanup at currently known non-RCRA
contaminated sites. (DEP & local governments, Ongoing.)










1 (1) Minimum flows for all 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. (s. 373.042(1), F.S.)
4 The minimum flow and minimum water level shall be calculated by the department and governing
board using the best information available. When appropriate, minimum flows and levels may be
calculated to reflect seasonal variations. (s. 373.042, F.S.)

7 Utilize, preserve, restore, and enhance natural water management systems and discourage the
channelization or other alteration of natural rivers, streams and lakes. (s. 62-40.310(4)(c), FA.C.)
Protect the water storage and water quality enhancement functions of wetlands, floodplains, and
10 aquifer recharge areas through acquisition, enforcement of laws, and the application of land and
water management practices which provide for compatible uses. (s. 62-40.310(5)(a), FA.C.)
Emphasize the prevention of pollution and other water resource problems. (s. 62-40.310(5)(b),
13 F.A.C.)


Background

Florida's natural systems have evolved in response to seasonal and long-term cycles of drought, fire and
16 flood. The climatic and landscape characteristics of Florida have produced a delicately balanced web of life
which is adapted to the natural periods of stress and has thrived for millions of years. But over the last
century, landscape changes and widespread modification of water regimes to accommodate economic
19 development have amplified the natural extremes of drought and flood. Such hydrologic disruptions,
coupled with pollution, reduced incidence of natural fires, and other man-induced impacts, are a continuing
threat to Florida's water resources and associated natural systems.

22 As Florida's population grows, we face the prospect of progressively greater competition between the water
supply and flood protection needs of people and the needs of already stressed natural systems. Since
adequate water supplies and healthy natural systems are fundamental to sustaining the state's economy,
25 failure to effectively deal with this threat will ultimately affect the welfare and quality of life of all Floridians.

Most of the broader, statewide concerns for natural systems relate directly to Florida's continuing rapid
population growth and development, and include the following:
28 The loss of half of Florida's wetlands, with corresponding loss of fish and wildlife, due to
hydrologic modifications related to drainage, ground water withdrawals, and dredge and fill
activities;
31 Reduced base flow to streams leading to low flows in downstream areas during dry periods and
higher than normal salinity in estuaries;
Damage to commercial and sport fisheries caused by abrupt changes in salinity levels, resulting
34 from drainage and flood control facilities that discharge excessive amounts of fresh water to
estuaries during wet periods;
Disruption of the reproductive cycles of estuarine and marine species in some areas where water
37 control structures have been constructed to impound water supplies or prevent saltwater
intrusion;
Declining water available for natural systems in some areas of the state where water demands of
40 Florida's burgeoning population are exceeding the sustainable yield of readily available resources;
and









1 The creation of flood hazards, destruction of valuable wildlife habitat and degradation of water
quality caused by development that encroaches into floodplains and flood-prone areas.

While some of the natural systems issues have developed recently, others have been a part of the Florida
4 scene for many years. They are often the result of inadequate understanding of natural processes; state
and federal management programs that were defined too narrowly or inadequate commitment of resources.
However, in recent years substantial progress has been made. The DEP and each WMD is now involved, to
7 varying degrees, in efforts to resolve statewide water resource issues related to sustaining Florida's natural
systems.

Natural Systems Issue 1: Florida's ecosystems are
1o increasingly threatened by water-related problems
associated with rapid population growth and land use
changes.

13 The challenge of protecting Florida's natural systems in the face of projected population growth requires a
broad, coordinated management approach: ecosystem management. In recognition of the challenge of pro-
tecting these complex and fragile natural systems, the legislation that created the DEP also empowered this
16 new department to focus more of its resources on managing entire ecosystems. The definition of Ecosystem
Management adopted by DEP is:

An integrated approach to management of Florida's biological and physical environments -
19 conducted through the use of tools such as planning, land acquisition, environmental education,
regulation, and pollution prevention designed to maintain, protect, and improve the state's natural,
managed and human communities.

22 This concept recognizes the interrelated nature of ecological processes, and supports the premise that the
effectiveness of many individual resource protection efforts can be increased if they are parts of a cohesive,
coordinated strategy, tailored to the management needs of specific natural systems. The idea is not new. It
25 has been applied in varying degrees by many existing programs.
Ecosystem management will be accomplished through a combination of planning, regulatory, acquisition
and restoration programs carried out by DEP and the WMDs in cooperation with other federal, state,
28 regional and local agencies, as well as private organizations and landowners. A good foundation exists for
statewide application of the DEP Ecosystem Management strategy. For example:

Major work has begun toward restoring the Kissimmee River/Lake Okeechobee/Everglades
31 systems and dealing with problems of Florida Bay and the Florida Keys.

DEP and the WMDs in north Florida are working with federal agencies, local govemments and
the states of Georgia and Alabama to develop comprehensive basin management plans and
34 interstate compacts to protect the Apalachicola and Suwannee River systems. On a smaller
scale, the St. Johns River Water Management District is participating in an interstate effort with
the state of Georgia, federal agencies, and major private landowners, to develop a management
37 plan for the St. Marys River.
DEP and the WMDs, through several interrelated programs, are working with other federal,
state, and local agencies, as well as private organizations to implement the largest land
40 acquisition program in the U.S. Much of this is specifically designed to protect and help restore
the integrity of water resources and associated natural systems.










1 Surface Water Improvement and Management (SWIM) Plans are being implemented for 26
water bodies of regional and statewide significance, but the 1995 Legislature provided no new
funding for fiscal year 1995-96.
4 Federally owned lands such as Eglin Air Force Base, Everglades National Park and several
National Forests are the subjects of concerted interagency ecosystem management efforts.


Natural Systems Strategy 1.1: Use the authorities, programs, and
7 technical expertise of DEP and the WMDs to promote ecosystem
management.

10 Selected Action Steps:

1. Further develop and implement recommendations in the DEP Ecosystem Management
Strategy, including establishment of ecosystem management areas, ecosystem management
13 teams, incentive-based permitting, development of linear infrastructure plans, and reallocating
staff, funding and other resources to support ecosystem management initiatives in priority areas.
(DEP & WMDs, 1995-96.)
16 2. Develop and apply ecosystem management techniques to lands owned by the state and the
WMDs. (DEP, 1996.)
3. Emphasize ecosystem protection in land acquisition. (DEP & WMDs, Ongoing.)
19 4. Continue DEP/WMD cooperation on the Suwannee River, Everglades, Hillsborough River, St.
Johns River, Wekiva River, and Apalachicola Ecosystem Management Area implementation plans.
(DEP & WMDs, Ongoing.)
22 5. Develop special Basin Criteria for Tomoka River and Spruce Creek. (SJRWMD, 1994-1995.)
6. Develop a Surface Water Management Plan for Orange Creek Basin. (SJRWMD Advisory
Board, 1994 to 1996.)
25 7. Initiate development of a Peace River Ecosystem Management Area Implementation Plan.
(SWFWMD & DEP, 1995.)
8. Through the existing plan review process, review revisions to local govemment comprehensive
28 plans to assure adequate consideration for protecting wetlands, floodplains, and regionally
significant habitat. (DEP & WMDs, Ongoing.)
9. Evaluate and effectively utilize innovative land acquisition and management strategies such as
31 joint acquisition/management with local governments, federal agencies, and the private sector to
promote ecosystem management. (DEP, WMDs, federal agencies, local governments, & others,
Ongoing.)


34 Natural Systems Strategy 1.2: Maintain and enhance biodiversity
and biological productivity.

Over 50 percent of Florida's wetlands have been lost as a result of man's activities since 1900, a significant
37 reduction in wildlife habitat. Much of the remaining natural area exists in a highly managed environment
controlled by water management systems designed to prevent or minimize impacts of flooding and criss-
crossed by a complex transportation network. Plans for future development must recognize the effects of









1 man's activities on the waters and land of the state, including the loss of habitat and other detrimental
impacts on wildlife. The acquisition and management of land for ecological purposes must continue.
Research must be increased to determine carrying capacities of various ecosystems, including water
4 needs. And the effectiveness of environmental regulatory programs must be maintained.

Selected Action Steps:
1. Review local government comprehensive plan amendments and DRI's for impacts to natural
7 resources of regional significance. (DEP & WMDs, Ongoing.)
2. Assist regional planning councils and local governments in identifying natural resources of
regional significance, developing model ordinances, and take other steps to establish protection for
10 natural systems. (DEP & WMDs, Ongoing.)
3. Promote stewardship programs for habitat conservation. (SJRWMD, GFWFC, DACS/DOF,
Ongoing.)
13 4. Implement recommendations of the DEP 1995 Ecosystem Management Plan. (DEP, WMDs, &
others, Ongoing after September, 1995.)

Natural Systems Strategy 1.3: Implement effective water resource
18 and pollution control permitting.
The DEP and water management districts have worked closely to develop and implement a consistent and
timely permitting program for surface water management and natural resource protection, using statewide
19 criteria to prevent or mitigate development impacts. The state is also evaluating whether to take over, in the
Environmental Resource Permitting (ERP) program, some of the permitting functions of the U.S. Army
Corps of Engineers.

22 Selected Action Steps:

1. Develop and implement basin-specific criteria, tailored to the management needs of the water
resources or associated natural systems. This will be accomplished in conjunction with
25 establishment of Total Maximum Daily Loads (TMDLs) and other action steps presented under
Water Quality Strategy 1.4. (DEP & WMDs, Ongoing.)
2. Implement the combined Environmental Resource Permit (ERP) system as defined in law and
28 rules. (DEP & WMDs, 1995-Ongoing.)
3. Continue existing regulation of agriculture and surface water management projects. (WMDs,
Ongoing.)
31 4. Incorporate TMDLs into point source discharge permits. (DEP, Ongoing.)

Natural S stems Strateg 1.4: Maintain and, where feasible, restore
the ydroogic patterns o watersheds and ecosystems, with particular
34 emphasis on restoring natural patterns of fresh water flow to estuarine
systems.

Some of the state's major natural systems are facing degradation and possible destruction. The benefits
37 provided by these areas, such as wildlife habitat, fisheries production, water storage and aquifer recharge,
may be lost unless significant efforts are made to protect and restore them. A notable example is the
Kissimmee River/Everglades/Florida Bay ecosystem in south Florida where drainage projects and urban









1 and agricultural development have significantly altered natural habitat and patterns of water flow. Similar
concerns are involved in the Upper St. Johns River basin and the Green Swamp.

Selected Action Steps:

4 1. Implement the Everglades restoration activities mandated by the Everglades Forever Act of
1994. (DEP, SFWMD, & USACE, 1995-2004.)
2. Continue the Upper St. Johns River restoration project. (SJRWMD& USACE, completion 1998.)
7 3. Implement the Kissimmee River restoration project. (SFWMD & USACE, 1995-2012.)
4. Continue SWIM Program efforts to reestablish hydrologic connections between mosquito
impoundments and the Indian River Lagoon estuarine system. (SJRWMD, Ongoing.)
10 5. Continue SWIM program efforts related to reducing excessive fresh water discharges in the
Turkey Creek and St. Lucie subbasins of the Indian River Lagoon estuarine system. (SJRWMD,
Melboume-Tillman Water Control District, & SFWMD. Ongoing.)
13 6. Implement protection strategies for the Green Swamp, including the "Land Authority."
(SWFWMD, Local Governments, Ongoing.)
7. Continue cooperative efforts to incorporate restoration of hydrology and natural systems into the
16 design and construction of new regional transportation facilities such as the Polk County Parkway
and Interstate 4 corridor. (DEP, WMDs, DOT, MPOs, GFWFC, local governments, & others,
Ongoing.)
19 8. Assist RPCs in the formulation of Regional Strategic Plan goals, policies, and strategies for
effectively accomplishing, as applicable, the objectives of the Florida Water Plan. (DEP, & WMDs,
Ongoing.)
22
Natural Systems Strategy 1.5:Ensure close coordination between
establishment of mitigation banks and land acquisition programs of
25 state, regional and local government.

Selected Action Steps:

28 1. Develop statewide restoration priorities, and incorporate these into existing restoration programs,
acquisition programs, and location of mitigation banks. (DEP, WMDs, GFWFC, and local
governments, Ongoing.)
31 2. Develop the South Florida Comprehensive Conservation, Permitting and Mitigation Plan. (DEP,
SFWMD, USACE, EPA, GFWFC & others, 1997.)
3. Based on results of the South Florida Comprehensive Conservation, Permitting and Mitigation
34 Plan, review statewide restoration priorities such as Pollution Recovery Trust Fund (PRTF) projects,
and extend this planning strategy statewide. (DEP & WMDs, 2000.)


Natural Systems Strategy 1.6: Achieve maintenance control of exotic
37 and noxious aquatic species.

In Florida the primary nuisance species of vegetation include melaleuca, Brazilian pepper and Australian
pine on land areas and hydrilla on water bodies. These species tend to form monocultures, crowding out









1 and preventing the regrowth of native species, which have much greater environmental values than the
nuisance species.

Selected Action Steps:

4 1. Promote the use of native plants for landscaping. (WMDs & local governments, Ongoing.)
2. Develop a statewide interagency approach for control of invasive exotic plants. (DEP, WMDs,
GFWFC, Ongoing.)
7 3. Continue the Melaleuca Task Force. (SFWMD & DEP, Ongoing.)
4. Continue exotic plant control and aquatic plant maintenance programs. (DEP, WMDs, & local
governments, Ongoing.)
10 5. Reduce the infestation of invasive exotic upland plants by 25 percent on state lands. (DEP, 2010)
6. Bring hydrilla, water hyacinth, and water lettuce under maintenance control in public waters.
(DEP, 2000.)
13

Natural Systems Issue 2: The establishment of minimum
flows and levels for Florida's watercourses, lakes and
16 aquifers is essential for water managers to have a sound
basis for determining and preventing cumulative impacts
to water resources and natural systems caused by water
19 withdrawals.

A significant element in sustaining Florida's natural systems involves meeting their basic water needs. To
that end, the water management districts are directed by s. 373.042, F.S. to establish minimum flows for
22 surface water courses and minimum levels of groundwater in aquifers. These represent the flows and
levels at which further withdrawals will cause significant harm to the water resources or ecology of the
area. While this charge may seem straightforward, it is no simple task.
25 The technical requirements for assessing individual systems vary, depending on the type of water resource
involved. Many of Florida's surface fresh water systems have been greatly modified and must now be
managed for multiple objectives. In these cases, establishing minimum flows and levels may sometimes
28 involve balancing competing public interests related to natural systems, water supply, recreation, navigation
and water quality. Given the complexity of the research and analysis needed to support establishment of
minimum flows and levels and continuing limitations on funding, the WMDs are capable of assessing only
31 priority water bodies.
Whether pristine or greatly modified surface water systems are involved, management must strive to
establish minimum flows and levels that mimic both the stage and duration of high and low water that
34 would be experienced naturally. A single minimum low flow or low water level will not afford adequate
protection to natural systems that are the products of many hydrologic, geologic and climatic variables.
Aquifer levels also fluctuate in response to climatic conditions and water withdrawals. Under certain
37 circumstances, excessively low aquifer levels can trigger salt water intrusion into water supplies, cause
wells to go dry, reduce lake levels, and dry up wetlands.
Once established, minimum flows and levels can be adopted by rule and are implemented primarily
40 through WMD consumptive use permitting programs, construction and operation of works of the districts, in
water shortage declarations, and in conjunction with other authorities pursuant to Chapter 373, F.S. For









1 instance, DEP and the WMDs have authority under s. 373.223, F.S., to reserve from use such quantities of
water, during the entire year or seasonally, that are required for the protection of fish and wildlife.

Natural Systems Strategy 2.1: Expedite establishment of minimum
4 flows and levels for priority watercourses, lakes and aquifers.
Detailed scientific data on individual hydrologic units is often lacking. But in order to implement protective
measures in a timely manner, establishment of minimum flows and levels for surface waters should, to the
7 extent possible, generally be done through reliance on best available information, based on well-founded
scientific principles and professional judgement.

Selected Action Steps:

10 1. Continue monitoring of streams, lakes and aquifers to help provide information needed to
establish minimum flows and levels. (WMDs, DEP & USGS, Ongoing.)
2. Carry out establishment of minimum flows and levels according to the schedules in District
13 Water Management Plans. (WMDs, Ongoing.)
3. As part of establishing minimum flows and levels, reserve from use such quantities of water as
are required for the protection of fish and wildlife. (WMDs, Ongoing.)
16
Natural Systems Strategy 2.2: Prevent water withdrawals fom
causing significant harm to water resources and associated natural
19 systems.

Selected Action Steps:

22 1. Maintain established minimum flows and levels through consumptive use permitting. (WMDs,
Ongoing.)
2. Where excessive withdrawals are determined to have caused significant harm to water
25 resources or natural systems, seek to eliminate, reduce, or mitigate the harm by limiting
withdrawals and/or requiring restoration/recovery actions. (WMDs, Ongoing.)











SChapter Six: Coordination


and Evaluation


Coordination Goal

4 Systematic planning capabilities shall be integrated into all levels of government in Florida with particular
emphasis on improving intergovernmental coordination and maximizing citizen involvement (s.
187.201(26)(a), F.S.)

7 Legal Basis for Management

Coordination is critical to successful implementation of water resource and natural systems management
programs, and is inherent in the basic authorities of DEP and the WMDs. Specific legal provisions relating
10 to coordination in implementing water resource management programs include the following:
[The Department of Environmental Protection shall] Adopt by rule a state water policy, which
shall provide goals, objectives, and guidance for the development and review of programs,
13 rules, and plans relating to water resources. This state water policy shall be consistent with the
state comprehensive plan and may include such department rules as are specifically identified
in the policy. (s. 403.061(33) and s. 373.026(10), F.S.)
16 It is a goal of the state that all its agencies, the State University System, the State Board of
Community Colleges, and all municipalities, counties, regional agencies, and special districts,
develop and implement strategies to prevent pollution, including public information programs
19 and education programs. (s. 403.073, F.S.)
Advise, consult, cooperate, and enter into agreements with other agencies of the state, the
Federal Government, other states, interstate agencies, groups, political subdivisions, and
22 industries affected by the provisions of this act, rules, or policies of the department (s. 403.061,
F.S.)
Develop interstate agreements and undertake cooperative programs with Alabama and
25 Georgia to provide for coordinated management of surface and ground waters. (s. 62-
40.310(5)(b), FA.C.)
The department shall determine the consistency of federal activities, permits, and funding
28 decisions with its authorities in the Florida Coastal Management Program. (s. 380.23, F.S.)

Background Information
Having a completed Florida Water Plan is evidence that Florida is serious about effective water resources
31 management. Effectiveness requires cooperation and coordination at every level of government, and with
the public, to put the FWP into action. Effectiveness also requires that the programs which implement the
FWP, and the plan itself, be evaluated periodically to determine where changes are needed to reflect
34 improved strategies and new issues. This chapter describes some of the key parties and mechanisms









1 important to effective implementation and evaluation of the provisions and programs encompassed by the
FWP.
In cooperation with the WMDs, DEP has overall responsibility for ensuring wise use and protection of
4 Florida's water resources. Sections 373.016 and 373.026, F.S., assign DEP the responsibility for general
supervision of the WMDs, and direct DEP to delegate its water management responsibilities to the WMDs,
to the greatest extent practicable. However, as indicated by Figure 7, a variety of other agencies at the
7 federal, state, regional and local levels of government perform significant roles. At the state level, key
agencies include the Game and Fresh Water Fish Commission (G&FWFC), the Department of Community
Affairs (DCA), and the Department of Health and Rehabilitative Services (HRS). The G&FWC conducts
10 research related to understanding critical habitat and other survival needs of Florida's fresh water and
anadromous fish, endangered species, and game and non-game animals. Identification of regionally
significant habitat areas is a particularly valuable part of this work. The DCA is responsible for developing
13 the State Land Development Plan, which must be consistent with the State Comprehensive Plan and
should be mutually compatible with the Florida Water Plan. DCA also is responsible for review and
certification of local government comprehensive plans for conformance with state planning requirements.
16 The HRS is responsible for implementing statewide programs to protect public health, including regulation
of septic tank systems and drinking water distribution systems. In addition, the Department of Transpor-
tation (DOT) is responsible for developing the Florida Transportation Plan, which has significant
19 implications for water resources and should be mutually compatible with the FWP.
Where interstate waters are involved, the states of Georgia and Alabama may also be affected. In most
cases, mechanisms already exist for coordinating with these interests and federal agencies. These
22 mechanisms will be fully used and refined as needed. The primary mechanisms used to achieve statewide
coordination of water resource management efforts are indicated in Tables 2 and 3, and are briefly
explained below.

25 Water Resources Coordinating Commission

The Water Resources Coordinating Commission (WRCC) is an executive-level advisory and coordination
mechanism, created by Executive Order of the Governor. It is composed of the Lieutenant Governor, the
28 DEP secretary and the WMD governing board chairs (voting members), and the WMD executive directors
and the directors of the DEP Divisions of Environmental Resource Permitting and Water Facilities. The
stated purpose of the WRCC is "to coordinate and maximize efficiency in the performance of the statutory
31 duties and responsibilities of DEP and the WMDs to more effectively preserve, protect, and manage the
state's water resources; however, the Commission shall serve in an advisory capacity only."

WMD Executive Directors' Meetinas

34 Regular meetings of the WMD executive directors, with participation by DEP, afford opportunities to
address issues in need of collective attention. The DEP helps establish agendas for the meetings and
participates in technical and policy-level discussions.

37 DEP/WMD Liaisons

DEP has five liaisons, one assigned to each WMD, to assist the DEP and the WMDs in coordinating on a
variety of issues. The liaison staff are employees of the DEP Office of Water Policy, but live and work in the
40 districts.

Joint DEP/WMD Development of DEP Water Policy Rule
As directed by Section 373.026(10) and 403.061(33), F.S., DEP adopts by rule a state water policy, which
43 provides goals, objectives, and guidance for the development and review of programs, rules, and plans









1 relating to water resources. The DEP Water Policy Rule, Chapter 62-40, FA.C (also referred to as the
State Water Policy) provides the foundation for DEP and the WMDs to develop long-range plans and carry
out other statutory responsibilities related to water management. The rule is not regulatory, but coordinates
4 and applies statutory water management policies. Periodic updates of the rule are accomplished through a
joint DEP/WMD rule development work group.

Issue-Specific Work Groups

7 Close coordination on major issues is often accomplished through joint DEP/WMD work groups or teams.
Examples of this are the DWMP Plan Review Group, which established the "Format and Guidelines" for
development of the DWMPs, and cooperated on developing the draft Florida Water Plan. Also, 16
10 separate" conventions" committees worked over a 2-year period to develop recommended approaches for
dealing with specific issues in the DWMPs, such as management of surface water quality, determining
surface and ground water availability, and floodplain mapping. Another such group is the Reuse Coordi-
13 nating Committee, which consists of representatives of the water management districts, DEP, and the
Public Service Commission.

DEP Review of WMD Rules

16 Under Section 373.114, F.S., DEP has exclusive authority to review rules of the WMDs for consistency with
the State Water Policy. If the department determines that a WMD rule is inconsistent with the State Water
Policy, it may order the WMD to initiate rulemaking to amend or repeal the rule. Any such order may be
19 appealed to the Land and Water Adjudicatory Commission (Govemor and Cabinet). To prevent
inconsistencies with State Water Policy, individual WMD programs often employ joint DEP/WMD rule
development teams.

22 DEP Review of WMD Budoets/Proaram Auditina

Section 373.536, F.S., directs the WMDs to submit a tentative budget to DEP annually by August 5. Within
30 days, DEP must provide its review and comments on the budget to the district governing boards,
25 legislative leaders, and the Govemor. This review and comment is presented in the form of a report based
on a standard format prescribed by the DEP and agreed upon by all the WMDs. The data contained in the
DEP report are derived from the information submitted by the WMDs.

28 DEP is not authorized to and does not audit or object to the proposed budgets. This responsibility is with the
Executive Office of the Governor and the House and Senate Appropriations Committees. However, DEP
notes items such as substantial millage rate increases or new or unusually large expenditures. Also, for
31 certain WMD programs involving DEP-administered funds, DEP conducts periodic financial audits.

Memoranda of Understandina (MOUs)

Under Sections 373.026 and 373.046, F.S., DEP may enter into interagency or interlocal agreements with
34 any other state agency, any water management district, or any local government conducting programs
related to or materially affecting water resources of the state. This mechanism is used to establish the
basis for WMD implementation of delegated or shared programs related to stormwater management,
37 wetlands permitting, construction of drinking water wells, and other water-related issues. DEP also uses
MOUs to delegate certain of its air and water pollution permitting and enforcement programs to local
governments.










1 Regional Planning Councils
Florida's eleven Regional Planning Councils (RPCs) have a significant role in coordinating growth
management activities and providing technical assistance to cities and counties for planning purposes.
4 Pursuant to s.186.507, F.S., each RPC must develop a Strategic Regional Policy Plan (SRPP) which is
consistent with the State Comprehensive Plan, and which is intended to be used to develop a coordinated
program of regional actions directed at resolving identified problems and needs. An important component
7 of the SRPPs is identification of resources of regional significance, which may include such things as
floodplains, ground water recharge areas, springs, and regionally significant surface water resources and
habitat areas.

10 It is critical to the success of regional planning and growth management programs that technical
information developed by the WMDs, the Game and Fresh Water Fish Commission, DEP and other
agencies be made available to the RPCs for use in developing SRPPs. The RPCs, in turn, assist in
13 providing such information to local governments in a form suitable for local planning. This includes
ensuring that local government planning adequately considers the limits of water that is available to meet
potable water supply needs of planned growth and development. The RPCs are also responsible for
16 coordinating the multi-agency review of large-scale development projects (DRIs) and providing first-level
oversight, coordination and technical assistance to local governments in the preparation and amendment
of their comprehensive growth management plans.

19 Local Government Technical Assistance and Coordination

DEP and the WMDs provide technical and financial assistance to local governments related to municipal
wastewater treatment, water reuse, and other water pollution control, water quality, and water supply
22 concerns. In developing, revising, and implementing the Florida Water Plan, coordination with local
government is critical because it is local government that will provide the link between land use planning
and water resources planning. To ensure that the link is made, the department intends to increase
25 opportunities for local government involvement during FWP revisions and to determine strategies by which
the department and WMDs can best enhance the integration of land use and water resources planning at
the local level.
28
DEP Rules

The FWP will be implemented primarily through DEP and WMD rules, programs, and budgets. Some DEP
31 rules (water quality standards and classifications) are required by s. 373.039, F.S., to be included as part
of the Florida Water Plan. Rules that are incorporated as part of the FWP are listed in the Introduction and
Overview.












National Oceanic & Environmental
Atmospheric Admln. Protection Agency
estuary Research Clean Water Act Prograr
Weather Foreasting


Figure 7: Agencies Responsible for Water

Management in Florida

Army Corps U.S. Fish Federal Emergency
of Engineers and Wildlife Management Agency
Wetlands Permitting Land Management Flood Zone Mapping
Flood Control Coordination National Flood Insurance
Restoration Wildlfe Protection Program
S. Disaster Relief


Department of
Environmental Protection
Florida Water Plan
State Water Policy
Statewide Pollution
Control & Monitoring
Ecosystem MgL &
Restoration
General Supervision of
WMDs.


Local
Governments
Local Environmental
Controls & Monitoring
Building Code/Zoning/
Land Use
Provide PotableTWaste
Water Services
Growth Management/
Planning
Land Acquisltion/MgL
Emergency Preparedness


Department of
Community Affairs

FL Land Development Plan
Growth Management
Areas of Critical Concern
Developments of Regional
impact
Coastal Management
FL Communities Trust
Emergency Management
Coordination
Disaster Relief



Special Districts
Operation, Maintenance of
Local Surface Water
Management Systems
(Chapter 298 Districts, Others)


Game & Fresh Water
Fish Commission
Enforce Environmental
Laws
Research & Manage
Freshwater Habitats
Assesses Development
Impacts on Habitats


Water Supply Authorities
Water Distribution
Development of Regional
Sources


Department of Health &
Rehabilitative Svcs.
Protect Public Health
Related to:
Solid Waste Disposal
Septic Tanks
Drinking Water


Regional
Planning Councils

Development of Regional
Impacts
Growth Management
Surface Water Quality
Planning and Studies
Hurricane Evacuation
Planning and Mapping


Public Service
Commission
Water Utility Rate
Structures and
Approval
(Regulated Utllilles)

RR SB B'.~m.C1?'!.'.'17'?


Water Management
Districts
Water Resource Planning,
Regulation & Mgt.
Water Supply
Flood Protection &
Emergency Response
Water Quality Mgt.
Natural Systems
Protection/Restoration


k~BB~i~B~BI~


I










Table 2. Primary Water Resource Management Coordination Mechanisms
(State, Regional and Local)


Function/Entity

DEP General Supervision over
WMDs (Policies, Plans and
Programs)










Statewide Ecosystem
Management (DEP)

State Comprehensive Plan
(Governor's Office)
State Land Development Plan
(DCA)
Florida Transportation Plan
(DOT)

Strategic Regional Policy Plans
(RPCs)

Agricultural Interests (DACS)

Local Comprehensive Plans

Local Government Water
Supply Planning, Wastewater
Management, Water Reuse,
Storm Water Management,
and Solid Waste Management


Primary Mechanisms

a. Water Resources Coordinating Commission
b. WMD Executive Director's Meetings
c. State Water Policy (Ch. 62-40, F.A.C.)
d. DEP Liaisons to the WMDs
e. Florida Water Plan Work Group
f. Issue-Specific Work Groups (Policy/Rule
Development.)
g. Reuse Coordinating Committee
h. Memoranda of Understanding (Delegation
of Programs/Authorities)
I. Permit Streamlining, Mitigation Banking, etc.)
J. DEP Review of WMD Rules & Budgets,
Auditing
a. Ecosystem Management Areas/Teams
b. Adaptive Management

Overall Coordination by Office of the Governor

Interagency Planning Committees

Interagency Plan Review Process


a. Florida Water Plan Work Group
b. Plan Review Process (Chapter 186.507(2),
F.S., and Chapter 27E-5, FA.C.)

Agricultural Water Policy Committee

Plan Review Process (Chapter 9J-5, FA.C.)

a. DEP/WMD Technical and Financial
Assistance Programs
b. Reuse Coordinating Committee










Table 3. Primary Water Resource Management Coordinating Mechanisms
(Federal and Interstate)


Function/Entity

US Army Corps of Engineers
Programs/Projects







US Environmental Protection Agency
Programs


National Oceanic and Atmospheric
Administration (NOAA) Programs

US Geological Survey Programs


US Natural Resource Conservation Service
(Formerly Soil Conservation Service)
Programs

US Forest Service Programs

US Fish and Wildlife Service



National Park Service


States of Alabama and Georgia


Primary Mechanisms

a. Public Works Program
b. State Clearinghouse Review Process
c. DEP/USACE Quarterly Meetings
d. Joint DEP/USACE Permit Application
Process (CWA Sec.404)
e. Memoranda of Understanding
f. Potential Delegation of Sec. 404 Permitting to
DEP

a. EPA/DEP Yearly Work Plans/Grants
b. EPA Technical Assistance/Special Projects
c. Delegation of EPA/CWA Programs to DEP

a. Grants
b. Cooperative Agreements/Special Projects

a. Contracts For Technical Services/Data
b. Cooperative Agreements

Contracts For Technical Services/Data



Ecosystem Management Teams

a. Acquisition Programs
b. Ecosystem Management Teams
c. Special Projects

a. Acquisition Programs
b. Ecosystem Management Teams

a. AFC Tri-State MOU
b. Suwannee River Coordinating Committee
c. St. Marys River Management Committee









1 Coordination and Evaluation Issue 1: Public education on
water resources and public participation in the water
management process is nee ed to ensure public and
4 legislative support for water management programs.

Florida has made substantial progress in environmental education in recent years, particularly in the public
school system. However, efforts targeted on management of water resources remain fragmented and are
7 not effectively conveying the message to sectors of the public whose strong support is needed for
continuing and enhancing statewide water resource management efforts. Without such support, the ability
of DEP and the WMDs to develop and implement effective long-range strategies is severely hampered.
10 Also, Florida's challenge of sustaining our water resources and natural systems cannot be successfully
met through the actions of government alone. Success depends heavily on Florida's ability to educate
citizens and visitors, governmental leaders, and the business community about water resource issues, and
13 to enlist their cooperation and active participation in helping to meet the challenge.

Coordination Strategy 1.1: Improve public education about Florida's
water resources.
16
Selected Action Steps:

1. Perform an inventory/assessment of current public education efforts related to water resources.
19 (DEP & WMDs, 1996.)
2. Design and implement a water stewardship program for Floridians and visitors. (DEP & WMDs,
1997.)
22
Coordination Strategy 1.2: Improve public participation in Florida's
water management process.

25 Selected Action Steps:

1. Conduct statewide seminars and public meetings on water resources issues, ecosystem
management and other environmental programs to encourage public involvement in water
28 resource management, both locally and statewide. (DEP & WMDs, 1996 Ongoing.)
2. Solicit public participation in development and revision of the Florida Water Plan. (DEP & WMDs,
1995- Ongoing.)
31 3. Develop public participation programs such as watershed action committees, citizen water
quality monitoring teams, pollution event reporting, etc. (DEP & WMDs, Ongoing.)
4. Incorporate public participation in the TMDL process. (DEP, Ongoing.)


34 Coordination and Evaluation Issue 2: Coordination of
water-related programs at all levels of government is









1 needed to ensure wise use and management of Florida's
water resources.

Coordination Strategy 2.1: Improve internal coordination between
4 DEP water-related programs.

Selected Action Steps:

7 1. Include specific Florida Water Plan strategies in the DEP Agency Strategic Plan. (DEP, 1995 -
Ongoing.)
2. Provide water management briefings to the DEP Policy Coordinating Committee. (DEP,
10 Ongoing.)
3. Publish feature articles on water management in DEP newsletters and periodicals. (1995-
Ongoing.)
13 4. Conduct seminars, and encourage DEP program participation in the Annual Florida Water
Management Conference and technical workshops. (DEP & WMDs, Ongoing.)

16 Coordination Strategy 2.2: Secure dedicated and adequate funding
for implementing D'P responsibilities related to WMD general
supervision and state level water resource planning, policy
19 development, and management.

Selected Action Steps:
1. Evaluate and amend the permit fee structure for all DEP programs to fulfill the legislative
22 mandate that such programs be, to the greatest extent possible, self-sufficient. (DEP, Ongoing.)
2. Work with the Govemor's Office and the legislature to secure adequate funding and staff
support for implementing DEP responsibilities related to WMD general supervision and statewide
25 water resource planning, policy development and management. (DEP & Governor's Office,
Ongoing.)

28 Coordination Strategy 2.3: Improve state-level interagency
coordination on water-related programs.

Selected Action Steps:

31 1.Where appropriate, implement recommendations of the Govemor's Task Force on Land Use
and Water Planning. (DEP & WMDs, 1996-Ongoing.)
2. Coordinate with DCA on revisions to the State Land Development Plan. (DCA, DEP, & WMDs,
34 1995.)
3. Coordinate with DOT on revisions to the State Transportation Plan. (DEP, 1995.)










1 4. Coordinate with the Governor's Office on revisions to the State Comprehensive Plan. (DEP &
Governor's Office, Ongoing)

5. Coordinate with DACS on the Pesticide Review Council and on implementing programs to
4 prevent water contamination from agricultural chemicals. (DEP & DACS, Ongoing.)

6. Coordinate with HRS on Interagency Agreements relating to drinking water and septic tank
management. (DEP & HRS, Ongoing.)
7 7. Through continuation of the Reuse Coordinating Committee, coordinate statewide efforts to
increase water reuse. (DEP, WMDs, HRS, Ongoing.)

10 Coordination Strategy 2.4: Improve coordination between DEP and
W'MD programs.

Selected Action Steps:

13 1. Continue and enhance the coordination role of the Water Resources Coordinating Commission.
(DEP, WMDs & Governors Office, Ongoing.)

2.Continue and enhance DEP participation in WMD Executive Director's Meetings. (DEP & WMDs,
16 1995- Ongoing.)

3. Implement streamlined permitting. (DEP & WMDs, 1996-Ongoing.)

4. Implement improvements in the DEP/WMD rule review process. (DEP & WMDs, 1996.)
19 5. Continue and enhance the FWP/DWMP Work Group. (DEP & WMDs, Ongoing.)

Coordination Strategy 2.5: Improve regional coordination between the
22 DEP, WMDs, DCA and Regional Planning Councils.

Selected Action Steps:

25 1. Conduct regular executive-level meetings among DEP, the WMDs, DCA and Regional Planning
Councils to evaluate and enhance water resource management. (DEP, WMDs, & RPCs, 1996-
Ongoing.)

28 2. Establish a regular staff forum among DEP, the WMDs, DCA, GFWFC, and Regional Planning
Councils to exchange technical information and facilitate technical assistance to local
governments. (DEP, WMDs, DCA, GFWFC & RPCs, 1996-97-Continuing.)

31 3. Provide special emphasis on water resource management issues in agency reviews of Strategic
Regional Policy Plans. (DEP & WMDs, 1995-Ongoing.)

4. Develop mechanisms to make possible the routine sharing of existing permit and GIS
34 information between DEP, WMDs and RPCs. (DEP, WMDs, & RPCs, Ongoing.)










1 5. Provide opportunities for collaborative involvement and participation of RPCs in DEP and WMD
environmental resource management planning and data gathering programs. (DEP, WMDs &
RPCs, 1996 Ongoing.)

4 Coordination Strategy 2.6: Improve coordination with local
governments.

Selected Action Steps:

7 1. Create and/or strengthen technical assistance and review teams to work directly with local
government planners and decision-makers in ecosystem management. (DEP & WMDs, 1996.)

2. Develop regular forums for providing technical assistance to local governments on all water
10 resource management issues. (DEP, WMDs, & RPCs, 1996-97 Ongoing.)

3. Coordinate with the Florida Local Environmental Regulators Association (FLERA) to broaden
local government participation in statewide water resource management. (DEP, Ongoing.)

13 Coordination Strategy 2.7: Improve interstate and federal-level
coordination.

Selected Action Steps:

16 1. Complete the basin assessment for the Apalachicola/Chattahoochee/Flint (ACF) River system.
(USACE, DEP, Governor's Office NWFWMD, Georgia, & Alabama, 1996.)

2. Following completion of ACF basin assessment, develop an interstate compact with the states
19 of Georgia and Alabama on management of the Apalachicola, Chattahoochee, and Flint River
system. (USACE, DEP, Goveror's Office, NWFWMD, Georgia & Alabama, Ongoing.)

3. Continue efforts of the Suwannee River Coordinating Council to develop a comprehensive
22 management plan for the Suwannee River basin. (SRWMD, USGS, DEP, DCA, local
governments & state of Georgia, Ongoing.)

4. Continue participation in appropriate national water resource-related organizations. (DEP &
25 WMDs, Ongoing.)

5. Continue cooperative efforts with the state of Georgia on management of the St. Mary's River.
(SJRWMD & state of Georgia, Ongoing.)

28 6. Maintain close coordination with the Florida Congressional Delegation on water resource-
related issues. (DEP & WMDs, Ongoing.)

7. Improve early coordination in the planning and design of federal activities, permits, and funding
31 decisions to ensure consistency with state watershed management, ecosystem management, and
water quality enhancement efforts. (DEP, WMDs, & USACE Ongoing.)










1 8. Continue efforts to streamline and coordinate state and federal wetland permitting programs
through the development of a comprehensive State Programmatic General Permit. (DEP, WMDs,
& USACE, 1997.)

4 9. Establish more effective communication on all EPA-delegated programs, and streamline the
DEP/EPA workplan development and reporting process.

Coordination and Evaluation Issue 3: DEP and the
7 WMDs should measure progress toward meeting water
resource management goals.

Evaluating the effectiveness of the Florida Water Plan includes assessing DEP and WMD program
10 success, both in implementing the strategies and schedules specified in the Plan, and in sustaining
Florida's water resources. Measuring conformance to schedules is relatively straightforward, but judging
the success of statewide efforts toward sustaining water resources must rely on a variety of indicators,
13 many of which are not fully developed or require long time frames. The process for evaluation will focus
on the following methods:

Annual Assessment/Status Report

16 DEP, in cooperation with the WMDs, will prepare an annual assessment of its progress toward
implementation of the FWP. This report will focus on the departments compliance with the strategies
and schedules in the Florida Water Plan, and is intended to serve as a status report on statewide water
19 resources management activities.

Five-Year Evaluation/ FWP Revisions

At least once every five years, DEP, in cooperation with the WMDs, other governmental entities, and the
22 public, will conduct an evaluation of the statewide effectiveness of DEP and WMD strategies toward
meeting water resource management goals established in the FWP. The report will provide the basis for
subsequent revisions to the FWP, and will draw heavily from regional assessments conducted by the
25 WMDs and, as appropriate, from other assessment efforts such as:
DEP Strategic Assessment of Florida's Environment (SAFE) Reports
EPA-sponsored Comparative Risk Reports
28 DEP Ecosystem Audit and Evaluation Committee Reports
"GAP" Reports of the Florida Commission on Governmental Accountability to the People

Evaluation Strategy 3.1: Implement an annual process to evaluate
31 progress on implementing the FWP and District Water Management
Plans.

Selected Action Steps:

34 1. Prepare annual Status Reports on progress toward implementation of each District Water
Management Plan. (WMDs & DEP, 1996 Continuing.)









1 2. Prepare an annual Status Report on progress on implementation of Florida Water Plan. (DEP
& WMDs. 1996 Continuing.)


4 Evaluation Strategy 3.2: Implement a long-term process for evaluation
and updating the Florida Water Plan and District Water
Management Plans, including benchmarks for assessing progress.

7 Selected Action Steps:

1. Prepare operational benchmarks for jointly evaluating program effectiveness. (DEP & WMDs,
1996.)

10 2. Continue development and refinement of the Strategic Assessment of Florida's Environment
(SAFE) project. (DEP & FSU, 1996 Ongoing.)

3. Continue production of the Clean Water Act s. 305(b) Statewide Water Quality Assessment
13 Reports. (DEP, 1995 Ongoing.)

4. Complete Ecosystem Audit and Evaluation Reports. (DEP, 1996 Continuing.)

5. Establish a process involving DEP, the WMDs, the Governor's Office, local governments and
16 the public to conduct 5-year assessments of the FWP and recommend changes. (DEP lead,
1997 Continuing.)

6. Prepare Evaluation Report of the statewide effectiveness of DEP and WMD strategies. (DEP &
19 WMDs, at least every 5 years after 1995).

7. Revise District Water Management Plans at least every five years. (WMDs, 1999 Continuing.)













Summary

4 Florida's economic future, quality of life, and natural systems are inextricably tied to the state's water
resources. How well we fulfill our responsibilities as stewards of these irreplaceable treasures will in
large part determine the legacy that present-day Floridians will leave for future generations. In order to
7 cope with the complexities of water management in the face of rapid population growth, Florida's
programs must place greater emphasis on comprehensive approaches and long-range planning. They
must provide better perspectives of statewide and regional water resource management needs and
10 establish cohesive strategies for directing available agency resources toward meeting those needs in the
most cost-effective manner. This draft Florida Water Plan is a concerted effort by DEP, the WMDs, and
other parties to focus on the priority water issues facing Florida, and identify specific strategies and action
13 steps to address these issues.
The draft plan is not complete and further revisions are anticipated. In the coming months the draft will
undergo further agency review, and public workshops will be held around the state to explain the plan
16 and solicit suggestions from the general public. The Plan will then be revised to incorporate appropriate
suggestions and be submitted for approval by the Secretary of DEP.













Related Documents


Florida Department of
Environmental Protection

Water Policy rule (Chapter 62-
40, Florida Administrative Code)

Surface Water Quality Standards
rule (Chapter 62-302, F.A.C.)

Florida Water Quality
Assessment (Biennial 305(b)
Report)

Strategic Assessment of
Florida's Environment


Water Management
Districts

Northwest Florida District
Water Management Plan

St. Johns River District Water
Management Plan

South Florida District Water
Management Plan


Southwest Florida District
Water Management Plan

Suwannee River District Water
Management Plan
















Appendix : DEP Water Policy Rule,
Chapter 62-40, Florida Administrative
Code





DEP 1995 WATER POLICY


62-40.110
62-40.12(




62-40.21(


CHAPTER 62-40
WATER POLICY


PART I
GENERAL WATER POLICY

DECLARATION AND INTENT.
DEPARTMENT RULES.

PART II
DEFINITIONS

DEFINITIONS.

PART III
GENERAL PROVISIONS

0 GENERAL POLICIES.

PART IV
RESOURCE PROTECTION AND MANAGEMENT

L Water Use and Reuse. (Repealed 7-20-95)
0 Water Supply Protection and Management.
I Water Conservation.
6 Water Reuse.
2 Interdistrict Transfer
0 Water Qualtiy.
2 Surface Water Protection and Management.
0 Flood Protection.
8 Floodplain Protection.
0 Natural Systems Protection and
Management.
3 Minimium Flows and Levels.
5 Protection Measures for Surface Water
Resources.

PART V
WATER PROGRAM DEVELOPMENT

0 Florida Water Plan.
0 District Water Management Plans.
0 Department Review of District Water
Management Plans.
0 Water Data.

PART VI
WATER PROGRAM ADMINISTRATION AND EVALUATION


Review and Application.


EFFECTIVE 7-20-95


PART I
GENERAL WATER POLICY

62-40.110 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 provide water policy
goals, objectives, and guidance for the development and
review of programs, rules, and plans relating to water
resources, as expressed in Chapters 187, 373, and 403,
Florida Statutes.
(3) These policies shall be construed as a whole and no
individual policy shall be construed or applied in isolation
from other policies. All constructions of this Chapter
shall give meaning to all parts of the rule when possible.
(4) Notwithstanding the incorporation of other
Department rules in Rule 62-40.120, F.A.C., this Chapter
shall not constitute standards or criteria for decisions on
individual permits.
(5) A goal of this Chapter is to coordinate the
management of water and related land resources. Local
governments shall consider state water policy in the
development of their comprehensive plans as required by
Chapter 163, Florida Statutes, and as required by Section
403.0891(3)(a), F.S. Special districts which manage water
shall consider state water policy in the development of
their plans and programs. The Legislature has also
expressed its intent, in Section 373.0395, F.S., that future
growth and development planning reflect the limitations of
available ground water and other water supplies.
(6) It is an objective of the State to protect the
functions of entire ecological systems, as developed and
defined in the programs, rules, and plans of the Department
and water management districts.
(7) Government services should be provided efficiently.
Inefficiency resulting from duplication of permitting shall
be eliminated where appropriate, including water quality and
water quantity permitting functions.
(8) Public education, awareness, and participation
shall be encouraged. The Department and Districts should
assist educational institutions in the development of


62-40.31(



62-40.401
62-40.41(
62-40.412
62-40.41
62-40.42;
62-40.43(
62-40.43;
62-40.45(
62-40.458
62-40.47(

62-40.47:
62-40.47!


62-40.51(
62-40.52(
62-40.53(

62-40.54(


62-40.610


---- Tg-m___62 v
WATER nT.T-


62-40 DEP 1995


v ix


WATER POLICY


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EFFECTIVE 7-20-95












fus 1. CgW 61-40 -


educational curricula and research programs which meet
Florida's present and future water management needs.
(9) This Chapter does not repeal, amend or otherwise
alter any rule now existing or later adopted by the
Department or Districts. However, procedures are included
in this Chapter which provide for the review of Department
and District plans, programs, and rules to assure
consistency with the provisions of this Chapter. The
procedure for modification of District rules as requested by
the Department shall be as prescribed in Section 373.114,
F.S. and applicable provisions of this Chapter.
(10) 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(10), 373.043, 373.171,
403.061(33), 403.073, F.S.
Law Implemented: 373.016, 373.114, 403.061(33), 403.073,
403.0891, F.S., Ch. 93-213, s.2, 1993 Fla. Laws 1652, 1654.
History: New 5-5-81, Formerly 17-40.01, Amended 12-5-88,
Formerly 17-40.001, Amended 8-14-90, 12-17-91, Formerly
17-40.110, Amended 7-20-95.

62-40.120 Department Rules.
State water policy shall also include the following
Department rules:
(1) Water Quality Standards, Chapter 62-3, F.A.C.
(2) Surface Water Quality Standards, Chapter 62-302,
F.A.C.
(3) Surface Water Improvement and Management, Chapter
62-43, F.A.C.
(4) Ground Water Classes, Standards, and Exemptions,
Chapter 62-520, F.A.C.
(5) Drinking Water Standards, Monitoring, and
Reporting, Chapter 62-550, F.A.C.
Specific Authority: 373.026(7), 373.026(10), 373.043,
403.061(33), 403.805, 403.861, F.S.
Law Implemented: 373.016, 373.114, 403.061(33), 403.853,
403.0891, F.S.
History: New 8-14-90, Formerly 17-40.120, Amended 7-20-95.

PART II
DEFINITIONS

62-40.210 Definitions.
When used in this Chapter and in the review of rules of
the Districts pursuant to Section 373.114(2), F.S., unless
the context or content of such District 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
Protection.
(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) "District Water Management Plan" means the
long-range comprehensive water resource management plan
prepared by a District.
(7) "Drainage basin" means a subdivision of a watershed.
(8) "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.
(9) "Floodplain" means land area subject to inundation
by flood waters from a river, watercourse, lake, or coastal
waters. Floodplains are delineated according to their
estimated frequency of flooding.
(10) "Florida Water Plan" means the State Water Use
Plan, together with the water quality standards and water
classifications adopted by the Department.
(11) "Governing Board" means the governing board of a
water management district.
(12) "Ground water" means water beneath the surface of
the ground, whether or not flowing through known and
definite channels.
(13) "Ground water availability" means the potential
quantity of ground water which can be withdrawn without
resulting in significant harm to the water resources or
associated natural systems.
(14) "Ground water basin" means a ground water flow
system that has defined boundaries and may include permeable
materials that are capable of storing or furnishing a
significant water supply. The basin includes both the
surface area and the permeable materials beneath it.
(15) "High recharge areas" means areas contributing
significant volumes of water which add to the storage and
flow of an aquifer through vertical movement from the land
surface. The term significant will vary geographically
depending on the hydrologic characteristics of that aquifer.
(16) "Natural systems" for the purpose of this rule
means an ecological system supporting aquatic and
wetland-dependent natural resources, including fish and
aquatic and wetland-dependent wildlife habitat.


EFFECTIVE 7-20-95


EFFECTIVE 7-20-95


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DEP 1995


WATER POLICY


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(17) "Nutrient limitations" means those numeric values
which establish a maximum or minimum allowable nutrient
loading or concentration, as appropriate, for a specific
nutrient. Nutrient limitations are established 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.
(18) "Pollutant load reduction goal" means estimated
numeric reductions in pollutant loadings needed to preserve
or restore designated uses of receiving bodies of water and
maintain water quality consistent with applicable state
water quality standards.
(19) "Prime recharge areas" means areas that are
generally within high recharge areas and are significant to
present and future ground water uses including protection
and maintenance of natural systems and water supply.
(20) "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.
(21) "Reclaimed water" means water that has received at
least secondary treatment and is reused after flowing out of
a domestic wastewater treatment facility.
(22) "Retention" means the prevention of stormwater
runoff from direct discharge.
(23) "Reuse" means the deliberate application of
reclaimed water, in compliance with Department and District
rules, for a beneficial purpose.
(a) For example, 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);
4. Groundwater recharge (such as slow rate,
rapid-rate, and absorption field land application systems)
but not including disposal methods described in Rule
62-40.210(23)(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.
(24) "Secretary" means the Secretary of the Department
, of Ennvironmental Protection.
(25) "State water quality standards" means water quality
standards adopted by the Environmental Regulations
Commission pursuant to Chapter 403, Florida Statutes,
including standards composed 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 62-3, 62-4, 62-302,
62-520, and 62-550, F.A.C.
(26) "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.
(27) "Stormwater" means the water which results from a
rainfall event.
(28) "Stormwater management program" means the
institutional strategy for stormwater management, including
urban, agricultural, and other stormwater.
(29) "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.
(30) "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.
(31) "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.
(32) "Surface water availability" means the potential
quantity of surface water that can be removed or retained
without significant harm to the water resources or
associated natural systems.
(33) "Water resource caution area" means a geographic
area identified by a water management district as having
existing water resource problems or an area in which water


EFFECTIVE 7-20-95


EFFECTIVE 7-20-95


DC Ife 61**n v --


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WATER POLICY


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resource problems are projected to develop during the next
twenty years. A critical water supply problem area, as
described in Section 403.064, F.S., is an example of a water
resource caution area.
(34) "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.
(35) "Watershed" means the land area which contributes
to the flow of water into a receiving body of water.
(36) "Watershed management goal" means an overall goal
for the management of water resources within a watershed.
(37) "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), 373.0391,
373.0395, 373.043, 373.418, 403.061(33), 403.805, F.S.
Law Implemented: 370.013, 373.016, 373.026(7), 373.036,
373.0391, 373.0395, 373.042, 373.114, 373.175, 373.223,
373.4135, 373.414, 373.418, 373.451, 377.371(1),
403.061(34), 403.0615(3), 403.064, 403.0891, F.S., Ch.
93-213, sec. 2, Laws of Florida, Ch. 93-213, s.29, 1993 Fla.
Laws.
History: New 5-5-81, Formerly 17-40.02, Amended 12-5-88,
Formerly 17-40.020, Amended 8-14-90, 12-17-91, Formerly
17-40.210, Amended 7-20-95.

PART III
GENERAL PROVISIONS

62-40.310 General Policies.
The following statement of general water policy shall
guide 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) Water Supply


(a) 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.
(b) Reserve from use that water necessary to support
essential non-withdrawal demands, including navigation,
recreation, and the protection of fish and wildlife.
(c) Champion and develop sound water conservation
practices and public information programs.
(d) Advocate and direct the reuse of reclaimed water as
an integral part of water and wastewater management
programs, rules, and plans consistent with protection of the
public health and surface and ground water quality.
(e) Encourage the use of water of the lowest acceptable
quality for the purpose intended.
(f) Encourage the development of local and regional
surface and ground water supplies within districts rather
than transfer water across District boundaries.
(g) Encourage demand management and the development of
alternative water supplies, including water conservation,
reuse of reclaimed water, desalination, stormwater and
industrial wastewater reuse, recharge, and aquifer storage
and recovery.
(h) Protect aquifers from depletion through water
conservation and preservation of the functions of high
recharge areas.
(2) Water Quality Protection and Management
(a) Restore and protect the quality of ground and
surface water by solving current problems and ensuring high
quality treatment for stormwater and wastewater.
(b) Identify existing and future public water supply
areas and protect them from contamination.
(3) Flood Protection and Floodplain Protection
(a) Encourage nonstructural solutions to water resource
problems and give adequate consideration to nonstructural
alternatives whenever structural works are proposed.
(b) Manage the construction and operation of facilities
which dam, divert, or otherwise alter the flow of surface
waters to minimize damage from flooding, soil erosion or
excessive drainage.
(c) 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 and associated natural systems.
(d) Encourage the development and implementation of a
strict floodplain management program by state, regional, and
local governments designed to preserve floodplain functions
and associated natural systems.
(e) Avoid the expenditure of public funds that
encourage or subsidize incompatible new development or


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significant expansion of existing development in high-hazard
flood areas.
(f) Minimize flood-related emergencies, human
disasters, loss of property, and other associated impacts.
(4) Natural Systems Protection and Management
(a) Establish minimum flows and levels to protect water
resources and the environmental values associated with
marine, estuarine, freshwater, and wetlands ecology.
(b) Mitigate adverse impacts resulting from prior
alteration of natural hydrologic patterns and fluctuations
in surface and ground water levels.
(c) Utilize, preserve, restore, and enhance natural
water management systems and discourage the channelization
or other alteration of natural rivers, streams and lakes.
(5) Management Policies
(a) 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.
(b) Emphasize the prevention of pollution and other
water resource problems.
(c) 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(10), 373.036, 373.043,
403.061(33), 403.0891, F.S.
Law Implemented: 373.013, 373.016, 373.026(7), 373.036,
373.0391, 373.042, 373.043, 373.084, 373.085, 373.103(4),
373.114, 373.171, 373.175, 373.223, 373.413, 373.4135,
373.414, 373.418, 373.451, 377.371(1), 403.061(34),
403.0615(3), 403.064, 403.0891, F.S., Ch. 93-213, sec. 2,
Laws of Florida.
History: New 7-1-81, Formerly 17-40.03, Amended 12-5-88,
Formerly 17-4.030, Amended 8-13-90, 12-17-91, Formerly
17-40.310, Amended 7-20-95.

PART IV
RESOURCE PROTECTION AND MANAGEMENT

62-40.401 Water Use and Reuse.
Specific Authority: 373.026, 373.043, F.S.
Law Implemented: 187.101(3), 373.016, 373.0391(2)(e), Part
II of Ch. 373, 403.064, F.S.
History: New 5-5-81. Amended 2-4-82, Formerly 17-40.04,
Amended 12-5-88. Formerly 17-40.040, Amended 8-14-90,
12-17-91, Formerly 17-40.401, Repealed 7-20-95.


EFFECTIVE 7-20-95


62-40.410 Water Supply Protection and Management.
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, the following factors will be
considered:
(a) The quantity of water requested for the use;
(b) The demonstrated need for the use;
(c) The suitability of the use to the source of water;
(d) The purpose and value of the use;
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by
adjusting the quantity or method of use;
(g) Whether the impact of the withdrawal extends to
land not owned or legally controlled by the user;
(h) The method and efficiency of use;
(i) Water conservation measures taken or available to
be taken;
(j) The feasibility of alternative sources such as
reclaimed water, stormwater, brackish water and salt water;
(k) The present and projected demand for the source of
water;
(1) The long term yield available from the source of
water;
(m) The extent of water quality degradation caused;
(n) Whether the proposed use would cause or contribute
to flood damage;
(o) Whether the proposed use would significantly induce
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) Whether the proposed use would significantly affect
natural systems.
(3) Water may be reserved from permit use in such
locations and quantities, and for such seasons of the year,
as is required for the protection of fish and wildlife or
the public health or safety. Such reservations shall be
subject to periodic review and revision in light of changed
conditions. However, all presently existing legal users of
water shall be protected so long as such use is not contrary
to the public interest.





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(4) Water use shall not be allowed to exceed ground
water availability or surface water availability. If either
is exceeded, the Districts shall expeditiously implement a
remedial program. The remedial program shall consider
options such as designation of a water resource caution
area, declaration of a water shortage, development of water
resource projects, regulation of consumptive water users, or
other options consistent with this chapter and Chapter 373,
F.S.
(5) 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.
(6) 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.
(7) The Districts shall determine whether Section
373.233, F.S., entitled "Competing Applications", and
implementing rules, are applicable to pending applications.
(8) Any reallocation of an existing permitted quantity
of water shall be reviewed by the District and shall be
subject to full compliance with the applicable permitting
criteria of the District.
Specific Authority: 373.026, 373.043, 373.171, 403.061(33),
F.S.
Law Implemented: 187.101(3), 373.016, 373.0391(2)(e),
373.042, Part II of Ch. 373, 403.064, F.S.
History: New 7-20-95.

62-40.412 Water Conservation.
The overall water conservation goal of the state shall
be to prevent and reduce wasteful, uneconomical,
impractical, or unreasonable use of water resources.
Conservation of water shall be required unless not
economically or environmentally feasible. The Districts
shall accomplish this goal by:
(1) Assisting local and regional governments and other
parties in formulating plans and programs to conserve water
to meet their long-term needs, including incentives such as
longer term or more flexible permits, economic incentives,
and greater certainty of supply during water shortages;


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(2) Establishing efficiency standards for urban,
industrial, and agricultural demand management which may
include the following:
(a) Restrictions against inefficient irrigation
practices;
(b) If a District imposes year-round restrictions,
which may include variances or exemptions, on particular
irrigation activities or irrigation sources, using a uniform
time period of 10:00 a.m. to 4:00 p.m.;
(c) Minimizing unaccounted for water losses;
(d) Promoting water conserving rate structures;
(e) Water conserving plumbing fixtures, xeriscape, and
rain sensors.
(3) Maintaining public information and education
programs for long- and short-term water conservation goals;
(4) Executing provisions to implement the above
criteria and to consistently apply water shortage
restrictions between those Districts whose boundaries
contain political jurisdictions located in more than one
District.
Specific Authority: 373.026, 373.043, 403.061(33), F.S.
Law Implemented: 373.171, 373.175, 373.185, 373.196,
373.1961, F.S.
History: New 7-20-95.

62-40.416 Water Reuse.
(1) As required by Section 373.0391(2)(e), F.S., 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 water resource caution areas during
preparation of a District Plan pursuant to Rule 62-40.520,
F.A.C., and shall adopt and amend these designations by
rule.
(2) In implementing consumptive use permitting
programs, a reasonable amount of reuse of reclaimed water
shall be required within designated water resource caution
areas, unless objective evidence demonstrates that such
reuse is not economically, environmentally, or technically
feasible.
(3) The Districts shall periodically update their
designations of water resource caution areas by rule. Such
updates shall occur within one year after updates of the
District Plan prepared pursuant to Rule 62-40.520, F.A.C.
After completion of the District Plan or updates pursuant to
Rule 62-40.520, 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 62-40.520,
F.A.C. Any such limitation of areas where reuse shall be
required shall be designated by rule.




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(4) In implementing consumptive use permitting
programs, a reasonable amount of reuse of reclaimed water
from domestic wastewater treatment facilities may be
required outside of areas designated pursuant to Rule
62-40.416(1), F.A.C., as subject to water supply problems,
provided:
(a) Reclaimed water is readily available;
(b) Objective evidence demonstrates that such reuse is
economically, environmentally, and technically feasible; and
(c) The District has adopted rules for reuse in
these areas.
(5) The Department encourages local governments to
implement programs for reuse of reclaimed water. The
Districts are encouraged to establish incentives for local
governments and other interested parties to implement
programs for reuse of reclaimed water. These rules shall
not be deemed to pre-empt any such local reuse programs.
Specific Authority: 373.026, 373.043, 403.061(33), F.S.
Law Implemented: 187.101(3), 373.016, 373.023(1),
373.0391(2)(e), Part II of Ch. 373, 403.064, F.S.
History: New 7-20-95.

62-40.422 Interdistrict Transfer.
The following shall apply to the transfers of surface
and ground water where such transfers are regulated pursuant
to Part II of Chapter 373, Florida Statutes:
(1) The transfer or use of surface water across
District boundaries shall require approval of each involved
District. The transfer or use of ground water across
District boundaries shall require approval of the District
where the withdrawal of ground water occurs.
(2) In deciding whether the transfer and use of surface
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 transfer 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 transfer takes place;
(e) The transfer plan incorporates a regional approach
to water supply and distribution including, where
appropriate, plans for eventual interconnection of water
supply sources; and


EFFECTIVE 7-20-95


(f) The transfer is otherwise consistent with the
public interest based upon evidence presented.
(3) The interdistrict transfer and use of ground water
must meet the requirements of Section 373.2295, Florida
Statutes.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.016, Part II of Ch. 373, 403.061(33),
F.S.
History: New 5-5-81, Formerly 17-40.05, 17-40.050,
17-40.402, Amended 7-20-95.

62-40.430 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. Formerly 17-40.06, 17-40.060,
17-40.403, 17-40.430.

62-40.432 Surface Water Protection and Management.
(1) Surface Water Protection and Management Goals.
The following goals are established to provide guidance for
Department, District and local government stormwater
management programs:
(a) It shall be a goal of surface water management
programs to protect, preserve and restore the quality,
quantity and environmental values of water resources. A
goal of surface water management programs includes effective
stormwater management for existing and new systems which
shall seek to protect, maintain and restore the functions of
natural systems and the beneficial uses of waters.
(b) The primary goals of the state's stormwater
management program are to maintain, to the maximum extent
practicable, during and after construction and development,
the pre-development stormwater characteristics of a site; to
reduce stream channel erosion, pollution, siltation,
sedimentation and flooding; to reduce stormwater pollutant
loadings discharged to waters to preserve or restore
beneficial uses; to reduce the loss of fresh water resources
by encouraging the reuse of stormwater; to enhance ground
water recharge by promoting infiltration of stormwater in
areas with appropriate soils and geology; to maintain the
appropriate salinity regimes in estuaries needed to support
the natural flora and fauna; and to address stormwater
management on a watershed basis to provide cost effective
water quality and water quantity solutions to specific
watershed problems.




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(c) Inadequate management of stormwater throughout a
watershed increases stormwater flows and velocities,
contributes to erosion and sedimentation, overtaxes the
carrying capacity of streams and other conveyances, disrupts
the functions of natural systems, undermines floodplain
management and flood control efforts in downstream
communities, reduces ground water recharge, threatens public
health and safety, and is the primary source of pollutant
loading entering Florida's rivers, lakes and estuaries, thus
causing degradation of water quality and a loss of
beneficial uses. Accordingly, it is a goal to eliminate the
discharge of inadequately managed stormwater into waters and
to minimize other adverse impacts on natural systems,
property and public health, safety and welfare caused by
improperly managed stormwater.
(d) It shall be a goal of stormwater management programs
to reduce unacceptable pollutant loadings from older
stormwater management systems, constructed before the
adoption of Chapter 62-25, F.A.C., (February 1, 1982), by
developing watershed management and stormwater master plans
or District-wide or basin specific rules.
(e) The concept of developing comprehensive watershed
management plans in designated watersheds is intended not
only to prevent existing environmental, water quantity, and
water quality problems from becoming worse but also to
reduce existing flooding problems, to improve existing water
quality, and to preserve or restore the values of natural
systems.
(2) Watershed management goals shall be developed by
the District for all watersheds within the boundaries of
each District and shall be consistent with the Surface Water
Improvement and Management (SWIM) program and the EPA
National Pollution Discharge Elimination System (NPDES)
program. Watershed management goals shall be included in
the District Water Management Plans.
(3) Stormwater Management Program Implementation.
As required by Section 403.0891, F.S., the Department,
Districts and local governments shall cooperatively
implement on a watershed basis a comprehensive stormwater
management program designed to minimize the adverse effects
of stormwater on land and water resources. All such
programs shall be mutually compatible with the State
Comprehensive Plan (Chapter 187, Florida Statutes), the
Local Government Comprehensive Planning and Land Development
Regulation Act (Chapter 163, Florida Statutes), the Surface
Water Improvement and Management Act (Sections
373.451-.4595, F.S.), Chapters 373 and 403, F.S., and this
chapter. Programs shall be implemented in a manner that
will improve and restore the quality of waters that do not
meet state water quality standards and maintain the water


quality of those waters which meet or exceed state water
quality standards.
(a) The Department shall be the lead agency responsible
for coordinating the statewide stormwater management program
by establishing goals, objectives and guidance for the
development and implementation of stormwater management
programs by the Districts and local governments. The
Department shall implement the state's stormwater management
program in Districts which do not have the economic and
technical resources to implement a comprehensive stormwater
and surface water management program.
(b) The Districts which have implemented a
comprehensive stormwater and surface water management
program shall be the chief administrators of the state
stormwater management program. The Department or the
Districts, where appropriate, shall set regional stormwater
management goals and policies on a watershed basis,
including watershed stormwater pollutant load reductions
necessary to preserve or restore beneficial uses of
receiving waters. For water bodies which fully attain their
designated use and meet the applicable state water quality
standards, the pollutant load reduction goal shall be zero.
Such goals and policies shall be implemented through
District SWIM plans, through preparation of watershed
management plans in other designated priority watersheds and
through appropriate regulations.
(c) Local governments shall establish stormwater
management programs which are in accordance with the state
and District stormwater quality and quantity goals. Local
governments may establish a stormwater utility or other
dedicated source of funding to implement a local stormwater
management program which shall include the development and
implementation of a stormwater master plan and provisions,
such as an operating permit system, to ensure that
stormwater systems are properly operated and maintained.
(d) Any water control district created pursuant to
Chapter 298, F.S., or special act, and other special
districts as defined in Section 189.403(1), F.S., which have
water management powers shall:
1. Be consistent with the applicable local
comprehensive plan adopted under Part II, Chapter 163, F.S.,
and state and district stormwater quality and quantity
goals, for the construction and expansion of water control
and related facilities.
2. Operate existing water control and related
facilities consistent with applicable state and district
stormwater quality and quantity goals. Any modification or
alteration of existing water control and related facilities
shall be consistent with the applicable local government
comprehensive plan and state and district stormwater quality
and quantity goals.


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(4) Surface Water Management.
The following shall apply to the regulation of surface water
pursuant to Part IV, Chapter 373, Florida Statutes.
(a) 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.
(b) In determining the harm to water resources and
consistency with the objectives of the Department or
District, consideration should be given to:
1. The impact of the facilities on:
a. water quality;
b. fish and wildlife;
c. wetlands, floodplains, estuaries, and other
environmentally sensitive lands;
d. reasonable-beneficial uses of water;
e. recreation;
f. navigation;
saltwater or pollution intrusion, including any
barr er line established pursuant to Section 373.033, F.S.;
h. minimum flows and levels established pursuant to
Section 373.042, F.S.; and
i. other factors relating to the public health, safety,
and welfare;
2. Whether the facilities meet applicable design or
performance standards;
3. Whether adequate provisions exist for the continued
satisfactory operation and maintenance of the facilities;
and
4. The ability of the facilities and related
improvements to avoid increased damage to off-site property,
water resources, natural systems or the public caused by:
a. floodplain development, encroachment or other
alteration;
b. retardance, acceleration or diversion of flowing
water;
c. reduction of natural water storage areas;
d. facility failure; or
e. other actions adversely affecting off-site water
flows or levels.
(5) Minimum Stormwater Treatment Performance Standards.
(a) When a stormwater management system complies with
rules establishing the design and performance criteria for
stormwater management systems, there shall be a rebuttable
presumption that such systems will comply with state water
quality standards. The Department and the Districts,
pursuant to Section 373.418, F.S., shall adopt rules that


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specify design and performance criteria for new stormwater
management systems which:
1. Shall be designed to achieve at least 80 percent
reduction of the average annual load of pollutants that
would cause or contribute to violations of state water
quality standards.
2. Shall be designed to achieve at least 95 percent
reduction of the average annual load of pollutants that
would cause or contribute to violations of state water
quality standards in Outstanding Florida Waters.
3. The minimum treatment levels specified in
subparagraphs 1. and 2. above may be replaced by basin
specific design and performance criteria adopted by a
District in order to achieve the pollutant load reduction
goals established in paragraph (c).
(b) Erosion and sediment control plans detailing
appropriate methods to retain sediment on-site shall be
required for land disturbing activities.
(c) The pollutant loading from older stormwater
management systems shall be reduced as necessary to restore
or maintain the beneficial uses of waters. The Districts
shall establish pollutant load reduction goals and adopt
them as part of a SWIM plan, other watershed management
plan, or District-wide or basin specific rules.
(d) Watershed specific stormwater pollutant load
reduction goals shall be developed for older stormwater
management systems on a priority basis as follows:
1. The Districts shall include in adopted SWIM Plans
numeric estimates of the level of pollutant load reduction
goals anticipated to result from planned corrective actions
included in the plan.
a. For SWIM water bodies with plans originally adopted
before January 1, 1992, these estimates shall be established
before December 31, 1994.
b. For SWIM water bodies with plans originally adopted
after January 1, 1992, these estimates shall be established
within three years of the plan's original adoption date.
2. Each District shall develop water body specific
pollutant load reduction goals for non-SWIM water bodies on
a priority basis according to a schedule provided in the
District Water Management Plan. The list of water bodies
and the schedule shall be developed by each District, giving
priority consideration to water bodies that receive
discharges from stormwater management systems that are
required to obtain a NPDES municipal stormwater discharge
permit.
3. The Districts shall consider economic,
environmental, and technical factors in implementing
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nDEP 195 WATER POLICY


goals shall be considered in local comprehensive plans
submitted or updated in accordance with Section
403.0891(3)(a), F.S.
Specific Authority: 373.026, 373.043, 373.418, 403.061,
403.087, F.S.
Law Implemented: 163.3161-163.3243, 186, 187, 189.4155,
373.016, 373.046, 373.114, Part IV of Ch. 373, 403.061,
403.0891, F.S.
History: New 2-20-91, Formerly 17-40.420, 17-40.432,
Amended 7-20-95.

62-40.450 Flood Protection.
Flood protection shall be implemented within the context
of other interrelated water management responsibilities.
Florida will continue to be dependent on some structural
water control facilities constructed in the past, and new
structural facilities may sometimes be unavoidable in
addressing existing and future flooding or other other
water-related problems. The Department and the Districts
shall promote nonstructural flood protection strategies.
(1) Flood Protection Responsibilities
(a) Local governments have the primary responsibility
for regulating land use, enforcing construction criteria for
flood prone areas, establishing local stormwater management
levels of service, constructing and maintaining local flood
control facilities, and otherwise preventing flood damages
to new and existing development.
(b) District flood protection responsibilities relate
primarily to serving regional water conveyance and storage
needs. Districts have the authority to plan, construct, and
operate water control facilities, as well as regulate
discharges into works of the District or facilities
controlled by the District.
(c) Rules adopted under Part IV of Chapter 373, F.S.,
shall require that appropriate precautions be taken to
protect public health and safety in the event of failure of
any water control structures, such as pumps and levees.
(d) Department and District programs shall discourage
siting of incompatible public facilities in floodplains and
flood prone areas wherever possible. Where no feasible
alternative exists to siting an incompatible public facility
in a floodplain or flood prone Area, the facility shall be
designed to minimize flood damage risks and adverse impacts
on natural flood detention and conveyance capabilities.
(e) Each District shall clearly define in its District
Water Management Plan, in basin specific plans, or rules,
the District's responsibilities related to flood
emergencies, including its mechanisms for coordinating with
emergency response agencies.
(2) District Facilities


(a) District water control facilities shall be operated
and maintained in accordance with established plans or
schedules.
(b) Districts shall assess the design characteristics
and operational practices of existing District water control
facilities to ascertain opportunities for minimizing adverse
impacts on water resources and associated natural systems.
Where feasible, facility design modifications or operational
changes shall be implemented to enhance natural systems or
fulfill other water management responsibilities.
Specific Authority: 373.026(10), 373.043, 373.171, 373.418,
403.061(33), F.S.
Law Implemented: 163.3202, 187.201(16), 370.013, 373.016,
373.026, 373.036, 373.0391, 373.042, 373.086(1), 373.175,
373.223(3), 373.413, 373.4135, 373.414, 373.416, 373.418,
373.423, 373.429, 373.451, 377.371(1), 403.061(34),
403.0615(3), 582.05, F.S., Ch. 93-213, sec. 2, Laws of
Florida.
History: New 7-20-95.

62-40.458 Floodplain Protection.
(1) The Department and the Districts shall provide
leadership to protect and enhance the beneficial values of
floodplains. This shall include active coordination with
local governments, special districts, and related programs
of federal agencies, the Department of Community Affairs,
and the Department of Health and Rehabilitative Services.
Nothing in this section is intended to diminish the
Department's and District's responsibilities regarding flood
protection.
(a) The Department and the Districts shall pursue
development of adequate floodplain protection information,
including:
1. District determination of flood levels for priority
floodplains. At a minimum, this shall include the 100-year
flood level, with other flood levels to be determined where
needed for watershed-specific management purposes.
Districts are encouraged to determine the 10-year flood
level for the purpose of assisting the Department of Health
and Rehabilitative Services to regulate septic tanks in
floodplains pursuant to Section 10D-6.0471, F.A.C.
2. Identification of floodplains with valuable natural
systems for potential acquisition.
3. Identification of floodplain areas having potential
for restoration of natural flow regimes.
(b) The Department and the Districts shall develop
jointly a comprehensive system of coordinated planning,
management, and acquisition to protect and, where feasible,
enhance floodplain functions and associated natural systems


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P ED 1995 wang y u y


in floodplains. This system shall include implementation of
policies and programs to:
1. Acquire and maintain valuable natural systems in
floodplains.
2. Protect the natural water storage and water
conveyance capabilities of floodplains.
3. Where feasible, enhance or restore natural flow
regimes of rivers and watercourses that have been altered
for water control purposes.
(c) District regulatory programs shall minimize
incompatible activities in floodplains. For regulated
floodplains, each District, at a minimum, shall ensure that
such activities:
1. Will not result in significant adverse effects on
surface and ground water levels and surface water flows.
2. Will not result in significant adverse impacts to
existing surface water storage and conveyance capabilities
of the floodplain.
3. Will not result in significant adverse impacts to
the operation of District facilities.
4. Will assure that any surface water management
facilities associated with the proposed activity will be
capable of being effectively operated and maintained.
5. Will not cause violations of water quality
standards in receiving waters.
6. Will not otherwise be harmful to water resources.
(2) Each District shall provide to local governments
and water control districts available information regarding
floodplain delineation and floodplain functions and
associated natural systems, and assist in developing
effective measures to manage floodplains consistently with
this Chapter.
Specific Authority: 373.026(10), 373.043, 373.171, 373.418,
403.061(33), F.S.
Law Implemented: 187.201(16), 370.013, 373.016, 373.026,
373.036, 373.0391, 373.042, 373.086(1), 373.175, 373.223(3),
373.413, 373.4135, 373.414, 373.416, 373.418, 373.423,
373.429, 373.451, 377.371(1), 403.061(34), 403.0615(3),
582.05, F.S.
History: New 7-20-95.

62-40.470 Natural Systems Protection and Management.
Programs, plans, and rules to accomplish natural systems
protection and management shall include rules to address
adverse cumulative impacts, the establishment of minimum
flows and levels (Rule 62-40.473, F.A.C.) and may include
protection measures for surface water resources (Rule
62-40.475, F.A.C.).
Specific Authority: 373.026(10), 373.043, 403.061(33), F.S.
Law Implemented: 370.013, 373.016(2), 373.026, 373.036(2),


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373.0391, 373.042, 373.175, 373.223(3), 373.4135, 373.414,
373.418, 373.451, 377.371(1), 403.061(34), 403.0615(3), Ch.
93-213, sec. 2, Laws of Florida.
History: New 7-20-95.

62-40.473 Minimum Flows and Levels.
(1) In establishing minimum flows and levels pursuant to
Section 373.042, consideration shall be given to the
protection of water resources, natural seasonal fluctuations
in water flows or levels, and environmental values
associated with coastal, estuarine, aquatic, and wetlands
ecology, including:
(a) Recreation in and on the water;
(b) Fish and wildlife habitats and the passage of fish;
(c) Estuarine resources;
(d) Transfer of detrital material;
(e) Maintenance of freshwater storage and supply;
(f) Aesthetic and scenic attributes;
(g) Filtration and absorption of nutrients and other
pollutants;
(h) Sediment loads;
(1) Water quality; and
(j) Navigation.
(2) Established minimum flows and levels shall be
protected 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.
(3) Each water management district shall advise the
Secretary by January 1, 1995 of the date by which each
District shall establish minimum flows and levels for
surface waterbodies within the District. Priority shall be
given to establishment of minimum flows and levels on waters
which are located within:
(a) an Outstanding Florida Water;
(b) an Aquatic Preserve;
(c) an Area of Critical State Concern; or
(d) an area subject to Chapter 380 Resource Management
Plans adopted by rule by the Administration Commission, when
the plans for an area include waters that are particularly
identified as needing additional protection, which
provisions are not inconsistent with applicable rules
adopted for the management of such areas by the Department
and the Governor and Cabinet.
Specific Authority: 373.026, 373.043, 403.061(33), 403.805,
F.S.
Law Implemented: 373.016, 373.042, 373.086, 373.175,




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D~L 199_5 WATER POLICY -0DE195WTRPLY5-4


373.223, 373.246, 373.413, F.S.
History: New 5-5-81, Formerly 17-40.08, Amended 12-5-88,
Formerly 17-40.080, 17-40.405, 17-40.473, Amended 7-20-95.

62-40.475 Protection Measures for Surface Water
Resources.
(1) As part of SWIM Plans or basin-specific management
plans, programs, or rules, the Districts are encouraged to
implement protection measures as appropriate to enhance or
preserve surface water resources. Protection measures shall
be based on scientific evaluations of particular surface
waters and the need for enhancement or preservation of these
surface water resources.
(2) In determining if basin-specific rules should be
adopted to establish protection areas, due consideration
shall be given to surface waters with the following special
designations:
(a) an Outstanding Florida Water,
(b) an Aquatic Preserve,
(c) an Area of Critical State Concern, or
(d) an area subject to Chapter 380 Resource Management
Plans adopted by rule by the Administration Commission, when
the plans for an area include waters that are particularly
identified as needing additional protection, which
provisions are not inconsistent with applicable rules
adopted for the management of such areas by the Department
and the Governor and Cabinet.
Specific Authority: 373.026, 373.043, 373.418, 373.453,
403.061(33), F.S.
Law Implemented: 187.201(8), 373.016, 373.114(1), 373.413,
373.418, 373.453, 403.061(35), F.S.
History: New 7-20-95.

62-40.510 Florida Water Plan.
(1) The Department shall formulate an integrated,
coordinated Florida Water Plan for the management of
Florida's water resources. The scope of the plan shall
include the State Water Use Plan and all other water-related
activities of the Department and the Districts. It shall
give due consideration to the factors in Section 373.036(2),
F.S.
(2) The Florida Water Plan shall be developed in
coordination with District Water Management Plans and
include, at a minimum:
(a) Department overview, including a discussion of the
interrelationships of Department and District programs;
(b) Water management goals and responsibilities,
including the following areas of responsibilities:
1. water supply protection and management,
2. flood protection and management,


EFFECTIVE 7-20-95


3. water quality protection and management, and
4. natural systems protection and management;
(c) Statewide water management implementation
strategies for each area of responsibility;
(d) Intergovernmental coordination, including the
Department's processes for general supervision of the water
management districts;
(e) Procedures for plan development, including public
participation;
(f) Methods for assessing program effectiveness and the
Department's progress toward implementation of the Plan;
(g) Linkages to Department rulemaking, budgeting,
program development, and legislative proposals;
(h) Strategies to identify the amount and sources of
supplemental funding to implement the programs identified in
Chapter 373, District Water Management Plans, this Chapter,
and any delegated programs;
(i) Chapter 62-40, F.A.C., State Water Policy;
(j) Appropriate sections of the District Water
Management Plans;
(k) State water quality standards.
(3) The Florida Water Plan shall be developed
expeditiously and may be phased. It shall be completed by
November 1, 1995.
(4) At a minimum, the Florida Water Plan shall be
updated every five years after the initial plan development.
Annual status reports on the Plan shall also be prepared by
the Department.
Specific Authority: 373.026, 373.043, F.S.
Law Implemented: 373.036, 373.039, F.S.
History: New 7-20-95.

PART V
WATER PROGRAM DEVELOPMENT

62-40.520 District Water Management Plans.
(1) As required by Section 373.036(4), F.S., a long
range comprehensive water management plan shall be prepared
by each District which is consistent with the provisions of
this Chapter and Section 373.036, Florida Statutes.
District Water Management Plans are comprehensive guides to
the Districts in carrying out all their water resource
management responsibilities, including water supply, flood
protection, water quality management, and protection of
natural systems. The plans shall provide general directions
and strategies for District activities, programs, and rules.
They will be implemented by a schedule of specific actions
of the District, which may include program development,
water resource projects, land acquisition, funding,
technical assistance, facility operations, and rule
development.



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DEP 1995 WATME POLICY


(2) 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 to
be called water resource caution areas. Identification of
water resource caution areas needed for imposition of reuse
requirements pursuant to Rule 62-40.416, F.A.C., may be
accomplished before publication of the complete District
Plan.
(3) Based on economic, environmental, and technical
analyses, a course of remedial or preventive action shall be
specified for each current and anticipated future problem.
(4) 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.
(5) 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.
(6) District plans shall address, at a minimum, the
following subjects:
(a) District overview;
(b) Water management goals;
(c) Water management responsibilities, including:
1. Water supply protection and management, to include
needs and sources, source protection, and a schedule for
recharge mapping and recharge area designation.
2. Flood protection and floodplain management. This
shall include the District's strategies and priorities for
managing facilities and floodplains, and a schedule for
District mapping of floodplains.
3. Water quality protection and management for both
surface water and ground water. This shall include the
District's strategies, priorities, and schedules to develop
pollutant load reduction goals; and
4. Natural systems protection and management. This
shall include a schedule for establishing minimum flows and
levels for a priority selection of surface waters and ground
waters in the District, considering ground water
availability and surface water availability, and a schedule
for establishing protection areas for surface waters in the
District, where appropriate.
(d) For each water management responsibility, the
following shall be included:


62-40


EFFECTIVE 7-20-95


An &k 02 Y2-4 0
1. Resource assessments, including identification of
regionally significant water resource issues and problems,
and determinations of the need for ground water basin
resource availability inventories in various portions of the
District;
2. Evaluation of options;
3. Water management policies for identified issues and
problems;
4. Implementation strategies for each issue and
problem, including tasks, schedules, responsible entities,
and measurable benchmarks.
(e) Integrated plan, describing how the water problems
of each county in the District are identified and addressed;
(f) Intergovernmental coordination, including measures
to implement the plan through coordination with the plans
and programs of local, regional, state and federal agencies
and governments; and
(g) Procedures for plan development, including
definitions and public participation.
(7) District Plans shall be developed expeditiously and
may be phased. All District Plans shall be accepted by the
Governing Board no later than November 1, 1994. A District
Water Management Plan is intended to be a planning document
and is not self-executing.
(8) At a minimum, District Plans shall be updated and
progress assessed every five years after the initial plan
development. Each District shall include in the Plan a
procedure for evaluation of the District's progress towards
implementing the Plan. Such procedure shall occur at least
annually and a copy of the evaluation shall be provided to
the Department each year by November 15 for review and
comment.
(9) Plan development shall include adequate opportunity
for participation by the public and governments. The
Districts shall initiate public workshops at least four
months before Plan acceptance by the Governing Board. At
the workshops, a preliminary list of schedules to be
included in the Plan shall be presented.
Specific Authority: 373.026, 373.043, 403.061(33), 403.805
F.S.
Law Implemented: 189.4156, 373.016, 373.026, 373.033,
373.036(4), 373.0391(2)(e), 373.042, 373.106, 373.103(7),
373.114, 373.171, 403.064, F.S.
History: New 5-5-81, Formerly 17-40.09, Amended 12-5-88,
Formerly 17-40.090, Amended 8-14-90, 12-17-91, Formerly
17-40.501, 17-40.520, Amended 7-20-95.


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"DE Eioa *q u -- --
MR .....2f


62-40.530 Department Review of District Water Management
Plans.
(1) After acceptance by the District Governing Board,
District Water Management Plans shall be submitted to the
Department.
(2) Within sixty days after receipt of a Plan for
review, the Department shall review each Plan for
consistency with this Chapter and recommend any changes to
the Governing Board.
(3) After consideration of the comments and
recommendations of the Department, the Governing Board
shall, within sixty days, either incorporate the recommended
changes into the Plan or state in the Plan, with
specificity, the reasons for not incorporating the changes.
(4) Plan amendments shall follow the same process as
for initial Plan acceptance.
Specific Authority: 373.026(10), 373.043, 403.061(33), F.S.
Law Implemented: 373.026(7), 373.036(4), 373.114, F.S.
I'istory: New 7-20-95.

62-40.540 Water Data.
(1) All local governments, water management districts,
and state agencies are directed by Section 373.026(2), F.S.,
to cooperate with the Department in making available to the
Department such scientific or factual data as they may
possess. The Department shall prescribe the format and
ensure the quality control for all water quality data
collected or submitted.
(2) The Department is the state's lead water quality
monitoring agency and central repository for surface water
and ground water information. The Department shall
coordinate Department, District, state agency, and local
government water quality monitoring activities to improve
data and reduce costs.
(3) The U.S. Environmental Protection Agency water
quality data base (STORET) shall be the central repository
of the state's water quality data. All appropriate water
quality data collected by the Department, Districts, local
governments, and state agencies shall be placed in the
STORET system within one year of collection.
(4) The Department's biennial state water quality
assessment (the "305(b) Report") shall be the state's
general guide to water quality assessment and should be used
as the basis for assessments unless more recent, more
accurate, or more detailed information is available.
(5) Appropriate monitoring of water quality and water
withdrawal shall be required of permittees.
(6) The Districts shall implement a strategy for
measuring, estimating, and reporting withdrawal and use of
water by permitted and exempted users. Thresholds for


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measurement requirements and reporting applicable to
permittees shall be established and adopted by rule.
(7) The Department and the Districts shall coordinate
in the development and implementation of a standardized
computerized statewide data base and methodology to track
activities authorized by environmental resource permits in
wetlands and waters of the state. The data base will be
designed to provide for the rapid exchange of information
between the Department and the Districts. The Department
will serve as the central repository for environmental
resource permit data and shall specify the data base
organization and electronic format in which the data are to
be provided by the Districts.
Specific Authority: 373.026, 373.043, 403.061(33), F.S.
Law Implemented: 373.026(2), F.S.
History: New 7-20-95.

PART VI
WATER PROGRAM ADMINISTRATION AND EVALUATION

62-40.610 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 Districts shall have revised their rules and
reviewed their programs to be consistent 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 or program
review 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.





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nro ie.K V&TRU VnLTOY 62-40


(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.
Specific Authority: 373.026, 373.043, 403.061(33), F.S.
Law Implemented: 373.016, 373.033, 373.042, 373.106,
373.114, F.S.
History: New 5-5-81, Formerly 17-40.10, 17-40.100, Amended
12-17-91, Formerly 17-40.601, 17-40.610, Amended 7-20-95.


EFFECTIVE 7-20-95


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