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R U U ULES OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION 7X.
CHAPTER 17-X
vIE PG LWATER POFLICY X )
PART I DECLARATION AND INTENT Nt rr
17-X.01 Declaration and Intent
(1) The Department adopts by reference the police
directives of the Florida Constitution, Chapter 253,
Chapter 373, and Chapter 403, Florida Statutes, as
a sound n ed for the management of Florida's Water
Resources.
(2) The Department adeO t ~- 1 .. -'T eLhL ,, Lu m-uli .. L"
.I. ... g mA _l n ^-..-_ L ^ n... .. l. l U.. .-J.-I-- -I
t1 ~-~'~1L, ... ---i...... has developed the water
policy directives as set forth in this Chapter to 4U
insure the conservation, prctecticn, and management
of the waters in the State.
(3) The water policy directives set forth in this
Chapter are intended to provide general police
guidance to the Department and Water Management
Districts in the development of more detailed eiw
regional-specific policy, 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 e~-c~-eet--
--as--r-ovided'in e sl ... 17-X.- h er .-l *
(5) It is the intent of the Decartment, in coccperation
with the Water Management Districts, to seek adequate
sources of funding to supplement District ad valorem
taxes to implement the orovisions of this Chapcter.
(6) The water policy *a abrE-tb .s-adopec4 in this Chapter
shall be part I of the Florida Water Plan.
DR. 1/16/81
Page 2
PART II DEFINITIONS
17-X.02 GOn-;ur_i--'_ li"y .f_ Definitions
Flora Statutes, and definitions contained ii other
chapters o B artment or Water Mana ent District
rules may be utilize to clear i the meaning of terms
used herein unless suc eR are defined in this
section, or un the transfer of definition
would d at the purpose or alter the intend
.W+ When appearing in this chapter, the following words
shall mean:
(a) "Department" means the Department of Environ-
mental Regulation.
(b) "District" means a Water Management District
created pursuant to Chapter 373, Florida Statutes.
(c) "Water Resource Project" means a project
undertaken by the United States. Army Corps of
Engineers which is authorized and funded by
Congress and included within the Florida
program of public works submitted to Congress
pursuant to s. 373.026(9), Florida Statutes.
PART III POLICIES oJ^C^JJdb f ^\*^P^Tc ^XJ adc
17-X. O 3 General W tU"-4tt n- )
(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
preserved.
(3) Uses of water authorized by a permit should be limited
to reasonable-beneficial uses and water conservation
should be a condition of water use. The use and
reuse of water of the lowest acceptable quality
for the purpose intended should be encouraged.
DRArT 1/16/81
Page 3
(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
.-I 6 o> 1 3c protection of wetlands and floodplains through
=Cj regulation or acquisition.
5SSQt 3o (5) Local water supplies should be developed to the
.I .o = z maximum extent practicable prior to consideration
Q d 5 = of intercounty, interbasin, or interdistrict transfers.
P C C% 0 Q ^" r'""-
-'== bc^ (6) Water quality standards should be established and
c= 'E c -_C.- enforced to protect waters of the State.
Point and non-point sources of pollution should be
controlled to the maximum degree that is
economically and environmentally feasible.
7 (7) Floodplains should be protected and managed to prevent
flood damage.
S(8) Excessive drainage should be prevented or mitigated
to the greatest degree that is economically and
environmentally feasible.
(9) Minimum water flows and levels should be established
to protect water resources and the environmental
values associated with coastal, estuarine, aquatic,
and wetlands ecology.
(10) Both structural and non-structural alternatives should
be given adequate consideration in water resource
project decisions.
(11) Interstate agreements and cooperative programs
with Alabama and Georgia should be undertaken
to provide for coordinated management of inter-
state waters.
water reM opro les o tr threaten to
prevent thevlemvreasonab le-beneficial
DR_ F 1/16/81
Page 4
( ult p 1i an 4-- k t
and regulatory programs no ists for the
protection and c 1 water and related land
resources. Hi priority sh e be given to the
17-X.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 Statutes:
(1) No permit shall be granted to authorize the use of
water for other than a reasonable-beneficial use.
(2) In determining whether ap-epose -a e- -ia--reaasonab3rle-
-benef-i 'kal-us-e consideration should be given tcA
(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 use;
(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) Th method and efficiency of use;
(i) Water conservation measures taken or available
to be taken;
(j) The practicality of reuse, or the use of waters
of more suitable quality;
(k) The projected demand for competing seaeenabl-e--
-benef icie~d uses ;
(1) The safe basin yield of the source of water;
(m) The extent of water quality degradation caused;
SDR -1/16/81
Page 5
(n) Whether the proposed use would cause or contribute
to flood damage; and
(o) Other factors impacting the water resources a-f--
.-the-St-atie-
(3) The Department or the Districts shall reserve from
permit use water in such locations and quantities,
and for such seasons of the year, as in their judge-
ment may be required for the protection of fish and
wildlife or the public health or safety.
(4) Conservation of water -sha-1-1 be a requirement of
Sre as onab3eb-ne^4-i--a- -u s e-r--
17-X.05 Water Transfers
The following shall apply to the transfers of water where
such transfers are regulated pursuant to Part II of
a S_ Chapter 373, Florida Statutes:
If, iI >4.1- ) t--IJ %a tir-y ..satnfd 4roi etIaaC&n U-tw-Ld ans-feirs-t hi trra-b tng-.e-
7P > t AIC 4 AAA-
i5 S s = I n approval of each involved Districterd-ir-hecate-
o .^ ,J^.o ^ f--unrs es o-rve-e o 0m -l-inte--to et ween--igaf ric nt ima -t- un o
" j J.i l In Fl hiding whether] proposed interdistrict should
-a Acomi-t--de therm nse h a-ve- si g ervafiona nd-i ace-unspoe r
program is implemented and enforced in the area
of need. f i
(b) The major costs ad benefits/are adequately
determined for both the supplying and the
receiving areas.
DRAFT 1/16/81
Page 6
(c) The transfer is an environmentally and economically
acceptable method to supply water for the given
purpose.
(d) Th Aprojected water needs of the supplying area
are reasonably determined and can be met 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.
17-X.06 Water Quality 4,3
(1) Water quality standards shall be established and
enforced o protect waters of the State from point
and non-point sources of pollution.
(2) State water quality standards adopted pursuant to
Chapter 120, Florida Statutes, shall be /art
of the Florida Water Plan.
17-X.07 Surface Water Management
The following shall apply to the regulation of surface
waters pursuant to P IV o .Chapter 373, Florida Statutes.
(1) The construction 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 noe harmful to the water re-
# sources of-the--btate l consideration
should be given to:
(a) The impact of the facilities on:
(i) recreation,
(ii) navigation,
(iii) water quality,
(iv) fish and wildlife protection,
(v) wetlands, floodplains, and other
environmentally sensitive lands,
DR 1/16/81
Page 7
(vi) saltwater or pollution intrusion,
including any barrier line established
pursuant to s. 373.033,
(vii) reasonable-beneficial uses of water,
(ix) minimum flows and levels established
pursuant to s.373.042, and
(x) other factors relating to the public health,
safety, and welfare.
(b) The ability of the facilities to meet established
__ &A^d `-A-
'hydj-roloyigtr estandards~in-lu~i._f :
(c) Whether adequate provisions for *P fiia*
eBaT the continued operation and maintenance of
the facilities by an ily A.pt -% n in7 X-
(d) The ability of the facilities and the improve-
ments served thereby to avoid increasing flood
damage to offsite property-or the public through:
(i) floodplain development encroachment or other
alteration, V
(ii) retardance, acceleration or diversion of
flowing water,
(iii) reduction of natural water storage areas,
(iv) facility failure, or
(v) other actions adversely impacting offsite
water flows or levels;
yo et tQ
akb^ML- -hn n
DR..F 1/16/81
Page 8
t prevent harm VL' t e ermin brough-
Co n side -e G t-ia Gt-fo aeover
to the e ent feasible within the ab Lty resources
of e entity respd ible for o ration and main nice.
(3) remedial measures, incll increased operation no,
m,'ntenance, new faci ry con ruction, modifcation
of ext ing faci ties or restorat n of hands and
waters may required to prevent hnm water
1 Nag to protect the he
17-X.08 Minimum Flows and Levels
-The-fo -llow-i-ng-shal-1-appl y-t o-p rograms-i-mplemented-
-purs nta~-s~os.---r.-42-o f-Ch apter-37-37--F oride--Sta t-utes-
(1) AMinimum flows and levels shali be establi ed to
protect water resources and the environmental values
associated with coastal, estua aquatic, and
wetlands ecologyinc-l udirngr 0
(a) -Providing-f-r creation in and on the water:
(b) -Providing-for 0 ish and wildlife habitats and
the passage of anadromous fish species;
(c) Maintenance-o~ stuarine resources iudin-iA-
() > th -ransfer of detrital material;
( ) *Mai-ntenanre-o? freshwater storage and supply;
( ) -Provijing esthetic and scenic attributes;
(.) Filtration and absorption of nutrients and
other pollutants;
Cg) Reduction of sediment loads;
(W) t qalL p"tLiu u able water
supplies; ;i @
DR 1/16/81
Page 9
I( ) Provding-f Navigation.
-2: No-person-shall-lowerwatareels.... belowestablis
r minimum flows and levels through drainage, im-
poundment, diversion, pumpage, or other means
unless those values listed in 17-X.08,(-l) are
considered and:-,"
(a) preserved and'enhanced;
(b) provided in another manner; or
(c) determined ...to be of a lesser social,
economic and environmental\value than the
SUrpose--o f-thei-proposed-a lte ration- ..
S() Measures should be undertaken to restore or
otherwise compensate for the previous adverse
alteration of water flows and levels where
economically and environmentally feasible and
in the public interest.
17-X.09 Water Resource Projects
(1) Both structural and non-structural alternatives
shall be given adequate consideration in Water Resource
Project decisions. 1
y oeneilrj- U *
( Corrective action should be taken where economically
and environmentally feasible to mitigate damage caused
\by the construction or operation of Water Resource
k Projects.
17-X.1i Implementation
(1) State water policy shall be reviewed periodically,
but in no case less frequently than once every four
years. Revisions, if any, shall be adopted by rule.
DRAFT 1/16/81
Page 10
(2) Within 12 months after adoption or revision of State
Water Policy, the Department, in coordination with
the Districts, shall review existing rules for
consistency with State Water Polic .(Akt the request
of the Department, each District shall initiate ehe
ehaantges pursuant to Chapter 120, Florida Statutes,
-f. C cteU-o- ckafl^ t
.ae the Department determines to be necessary to
assure consistency wit ~ate Water Policye -provided,
ev a nhe- case-o f-conflic5b-be-ween- ehe- /
,Bepaitimen t-and--istr Ctsy-such-detferominatc ion-sha 1-"
be--made--by-th e-Gove rnm oT"and-C abi ne t-pur s u an-t--t-o
9.r--3T3-~--79t24 -Por-id a-S t-atutes-?.
S ttric rueadopted-after-th-State- W ater-P-o -i c
\ takes, effect shall be consistent with State Water
Policy r
."o;e -n h- l'
(5) District water policies may be adopted which are
consistent with State Water Policy, but which take
into account differing regional water resource
.. ...
(6) District ,programs pursuant to s. 373. 033, 373.042,
373.106, Part II, Part III, or Part IV of Chapter 373,
Florida Statutes, I ....A Ad m'-- where the.
Department or District determines that present or
projected conditions of water shortages, saltwater
intrusion, flooding, drainage, or other water resource
37.16 PatIPr II rPr VofCatr33
DRAr 1' 1/16/81
Page 11
problems prevent or threaten to prevent the
achievement of reasonable-beneficial uses, the pro-
tection of fish and wildlife, or the attainment of
other water policy directives contained herein;
p-ro-ved,-T Iro we 1wve-t "- ..-.E-c 0 f-con4-f-0
-between--the~-De-partmnnt--end-Dit-r-~-_ ch d1t-e rnmin- ,
Iwo ? 10 .at-io--a-s h a--l-brie-made-by-the-Governor--and-abi-net
i-i V
-pursuant-to-s.----l3r.-1-4- Florida--Statubte s-
Awater" use plans prepared by each District which identify
specific geographical areas where water resource
problems have reached critical levels.
(a) A course of remedial action which is consistent
with the provisions of State Water Policy shall
be specified for each critical problem.
(b) Measures may include, but are not limited to,
Water Resource Projects; State water resources
restoration projects; purchase of lands;
enforcement of Department or District laws and
rules; and actions taken by local government
pursuant to a Local Government Comprehensive Plan,
local ordinance, or zoning regulation.
(c) he--State= Water-Plarnsrhal--lso-specify- Lh-se 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 level /
(S} The Department and Districts shall assists btls
government in the development of plans, ordinances,
or other programs to assure consistency with the
State Water Policy.
(0) Duplication of water quality and quantity permitting
functions ah'e be eliminated where appropriate through
nd, delegation r"-eonse~ida-t-oR of agency responsibilities. .
it is. DleleRation of functions tg er
there the intent of the Legislature to vest inl^ Mana e eagton o uent.orl dter
Departme 'Emvironmental Regulation0 or uc- management a iat.l 1t tric de-
cessor agency power and responsibility accon- terminus that a water
plish the conserve ', protection, ma cement, and financial and technical iT rry o water
control of the waters* he state with sufficient quality and other actions of the depart hose
flexibility and discretion -implish these ends powers, du and functions, or parts thereof, met
through delegation of app 'aite powers to the var- be coi acted or delegated to such water manage-
ious water mahagenimdistr s,. The department I district.
may exercise any oer" herein at orized to be ex-
ercised by a wat management dist :r however J,o_,
theg greatest te racticable- such p er should_,
be delTegl to the rgoverniQ board of ai wai m an-
ageem district.
(.a) The Department and Districts W.al -assist State
Universities in the development of educational
curricula and research programs which meet Florida's
present and future water management needs.
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