DRAFT January 28, 19S1
RULES OF THE DEPARTMENT OF ENVIROENTAS L REGULATION
17-40.01 Declaration and Intent
(1) The Department adopts by reference the policy directives
of the Florida Constitution, Chapter 253, Chapter 373,
and Chapter 403, Florida Statutes, as a sound basis for
the management of Florida's water resources.
(2) The department has developed the water policy directives
as set forth in this Chapter to further insure the
conservation, protection, and management of the waters in
(3) The water policy directives set forth in this Chapter are
intended to provide general policy guidance to the
apartment and Water Management Districts in the
development of more detailed, regional-specific policies,
rules, and plans.
/ (4) This rule does not repeal, amend or otherwise alter any
rule now existing or later adopted by the Department or
Water Management Districts.
(5) It is the intent of the department, in cooperation with
the Water Management Districts, to seek adequate sources
of furrding to supplement District ad valorem taxes to
implement the provisions of this Chapter. i -
(6) The. water policy set forth in this Chapter .shall be 11W
.Pof the Florida Water Plan.
hen t in in this
17-40.03 Generl ':
(1) An adequate and affordable supply of water should be
sought for all reasonable-beneficial uses.
(2) Water necessary to support essential non-withdrawal
demands, including navigation, recreation, and the
protection of fish and wildlife habitat, should be
(3) Uses of water authorized by a permply of wait should be limited to
sought for all reasonable-beneficial uses water conservati sd
be a condition of water use. The use and reuse of water
of the lowest acceptable quality for the purpose intended
should be encouraged.
(4) The natural aquifer recharge and water storage functions
of land should be protected to the greatest degree that
is economically and environmentally feasible. High
priority should be given to the protection of wetlands
and floodplains through regulation or aqu'ition.
(5) Measures should be undertaken to
Q'n't4ji+ i iAa M previous adverse alteration of water
resources where feasible and in the public interest.
(6) local water supplies should be developed the maximum
extent practicable prior to consideration of intercounty,
interbfasin, or interdistrict transfers.
(7) Point and non-point sources of water pollution should
be controlled to the maximum degree that is econanmically
and environmentally feasible.
(8) Floodplains should be ~p raeetmid and managed to prevent
(9) Excessive drainage should be prevented or mitigated to
the greatest degree that is economically and
(10) Minimum water flows and levels should be established to
protect water resources and the environmental values
associated with coastal, estuarine, aquatic, and wetlands
(11) Both structural and non-structural alternatives should be
given adequate consideration in water resource project
(12) Interstate agreements and cooperative programs with
Alabama and Georgia should be undertaken to provide for
coordinated management of interstate waters.
(13) High priority should be given to the elimination of
duplicative and overlapping regulations.
17-40.04 Water Use
The following shall apply to those areas where the use of
water is regulated pursuant to Part II of Chapter 373, Florida
(1) No permit shall be granted to authorize the use of water
for other than a reasonable-beneficial use.
(2) In determining whether a permit should be granted,
consideration should be given to any evidence presented
(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 social, economic and environmental value of the
(e) The extent and amount of social, economic, and
environmental 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 purpose, method and efficiency of use;
(i) Water conservation measures taken or available to be
(j) The practicality of reuse, or the use of waters of
more suitable quality;
(k) The projected demand for competing uses;
(1) The safe 64 yield of the source of water;
(m) The extent of water quality degradation caused;
(n) Whether the proposed use would cause or contribute
to flood damage; and
(o) Other factors impacting water resources.
(3) Water shall be reserved from permit use in such locations
and quantities, and for such seasons of the year, as in
the judgment of the Department or District may be
required for the protection of fish and wildlife or the
public health or safety.
(4) Conservation of water shall be a requirement of each
^-- 17-40.05 Water Transfers
The following shall apply to the transfers of water where such
transfers are regulated pursuant to Part II of Chapter 373,
(1) The transport or use of water across District boundaries
shall require approval of each involved District.
(2) In deciding whether the transport and use of water across
District AMl-reathQw~' w cn- is consistent with the
public interest pursuant to s. 373.223(2), Florida
Statutes, the District or Districts should consider ,
(a) B ter conservation and reuse program
implemented and enforced in the area of need.
(b) The major costs, benefits, and environmental impacts
.LWMM L a for both the supplying and
the receiving areas;
(c) The transport is an environmentally and economically
acceptable method to supply water for the given
(d) projected water needs of the supplying area are
reasonably determined and can be met if the
transport takes place;
(e) The transport plan incorporates a regional approach
to water supply and distribution including, where
appropriate, plans for eventual interconnection of
water supply sources; and
(f) The transport is otherwise consistent with the
public interest based upon evidence presented to the
17-40.06 Water Quality
(1) Water quality standards shall be established and enforced
pursuant to Chapter 403, Florida Statutes, to protect
waters of the State from point and non-point sources of
(2) State water quality standards adopted pursuant to Chapter
120, Florida Statutes, shall be Jart of the Florida
17-40.07 Surface Water Management
The following shall apply to the regulation of surface waters
pursuant to Part IV of Chapter 373, Florida Statutes.
(1) The construction and operation of facilities designed to
manage or store surface waters, or the improvements
served thereby, or of other facilities which drain,
divert, impound, discharge into, or otherwise impact
waters in the State, shall not be harmful to water re-
sources or inconsistent with the objectives of the
Department or District.
(2) In implementing 17-40.07(1), consideration
should be given to:
(a) The impact of the facilities on:
(iii) water quality,
(iv) fish and wildlife protection,
(v) wetlands, floodplains, and other
environmentally sensitive lands,
(vi) saltwater or pollution intrusion, including
any barrier line established pursuant to s.
(vii) reasonable-beneficial uses of water,
(viii) minimum flows and levels established pursuant
to s. 373.042, and
(ix) other factors relating to the public health,
safety, and welfare;
(b) The ability of the facilities to meet established
standards and criteria;
(c) Whether adequate provision exisfor the continued
operation and maintenance of the facilities;
(d) The ability of the facilities and related
improvements to avoid increasing flood damage to
offsite property or the public through:
(i) floodplain development, encroachment or other
(ii) retardance, acceleration or diversion of
(iii) reduction of natural water storage areas,
(iv) facility failure, or
(v) other actions adversely impacting offsite water
flows or levels.
17-40.08 Minimum Flows and Levels
rmJhefllU -J.mshall1~ ^\\_t.~ r .~~YL~dt; rorgn--nla~~iti oru+i-co-
(1) When minimum flows and levels are established pursuant to
s. 372.042, consideration shall be given to the
protection of water resources and the 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
(h) redcael -of .diment loads;
(i) Water qualityVarinsg
(j) Navigation; and
(k) Other environmental: values.
(2) Minimum floFwsand levels, once established, shall be a
consideration where relevant to:
(a) The construction and operation of Water Resource
(b) The issuance of permits pursuant to Part II, Part
IV, and s. 33,-084 of Chapter 373, Florida Statutes.
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17-40.10 District Water 4See Plans
(1) Water ujaer plans shall be prepared by each District which
identify specific geographical areas where water resource
problems have reached critical levels.
/(Car- A course of remedial action which is consistent with
the provisions of St.a.t Wd r shall be
specified for each critical problem.
;j-4V4+ Measures may include, but are not limited to, Water
Resource Projects; water resources restoration
projects pursuant to s. 403.0615; purchase of lands;
enforcement of Department or District rules; and
actions taken by local government pursuant to a
Local Government Comprehensive Plan, local ordinance,
or zoning regulation.
Areas or regions where the collection of data, water
resource investigations, Water Resource Projects, or
the implementation of regulatory programs are
necessary to prevent water resource problems from
reaching critical levels shall 1lso be identified.
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(1) Sttatea 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 Stat -
H' 'jjoi7i-,, the Department, in coordination with the
Districts, shall review existing rules for consistency
(3) District rules adopted after the takes
effect shall be consistent with SRt i n1prllie'
(4) At the request of the Department, each District shall
initiate rulemaking pursuant to Chapter 120, Florida
Statutes, to consider changes the Department dete
to be necessary to assure consistency with
Sm. The Department shall be made a party to the
(5) District water policies may be adopted which are
consistent with "..li, but which take into
account differing regional water resource characteristics
(6) A District shall initiate rulemaking to consider
implementation of programs pursuant to s. 373.033,
373.042, 373.106, Part II, Part III, or Part IV of
Chapter 373, Florida Statutes, where the Department or
District determines that present or projected conditions
of water shortages, saltwater intrusion, flooding,
drainage, or other water resource problems, prevent or
threaten to prevent the achievement of reasonable-
beneficial uses, the protection of fish and
wildlife, or the attainment of other water policy
(7) The Department and Districts shall assist other
governmental entities in the development of plans,
ordinances, orother programs to assure consistency, with
(8) Duplication of water quality and quantity permitting
functions should be eliminated where appropriate through
delegation of Department responsibilities to Districts.
(9) The Department and Districts should assist State
Universities in the development of educational curricula
and research programs which meet Florida's present and
future water management needs.