Title: Letter enclosing the latest draft of the State Water Policy
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051123/00001
 Material Information
Title: Letter enclosing the latest draft of the State Water Policy
Alternate Title: Letter enclosing the latest draft of the State Water Policy dated Jan. 30, 1981 with the Rules on the State Water Policy
Physical Description: 10p.
Language: English
Publication Date: Feb. 2, 1981
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 2, Folder 3B ( STATE WATER POLICY ), Item 113
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051123
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

Statutes, to consider changes the Department determines

to be necessary to assure consistency with ^.," o ie-

^Bsatey. The Department shall be made a party to the


(5) District water policies may be adopted which are

consistent with P but which take into

account differing regional water resource characteristics

and needs.

(56) 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, or other 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.



GARY A. GIBBONS February 2, 1981 (813) 223-3888
P. O. BOX 10449
(904) 222-0960

REPLY TO: Tampa office

Louis de la Parte, Jr., Esquire
de la Parte & Butler, P.A.
403 N. Morgan STreet
Tampa, Florida 33602

Dear Lou:

Here is the latest draft of the State Water Policy as discussed
in Palatka last week with the current changes interlined.

L. M. Blan

cc: (w/encl.): John T. Allen, Esquire

17-40.01 laration and Intent

(1) The Depar t adcpts by m.fermnce tlhe policy dixecmives
of the Florida Constitution, cater 253, Oter 373,
and ChapF r 403, Florida Statutes, as a sound basis for
the anage17- of Florida's water resources

(2) Te Cpartent has developed the water policy directives
as set forth in this Chaprtr to further insure the
conservation, protection, and management of the waters in
the State.
(3) The water policy directives set forth in this Chapter are
intended to provide gac-l -i-P guidance to the
Dparnent and Water Minagement 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 Dpartmen or
Water Management Districts DA va. a /-/l.i a-d G
(5) 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. y^^ ^ ^ ^
(6) The water policy set forth in this Chapter shall e -Pertr
""MF the Florida Water Plan.

76-/ r/

/ / 1 i I I / / / -/ /

// a"lp /

a?-4o.o .. l Pol7,
'Ima &Fn all e. wnm~s -_a lm nn 1 icial uses.
4i.. -' --," i''m -va

(1) An es u ate and abumtordaable supply of water shuld be
sought for all aeasm lbcal uses -b c *efic cuse

S.emands, inldin navigation recreation of waetr
prction o fish and wildlife abitat, should bei


(3) Uses of kwter authorized by a permit StoUld be lijnitad to

of the lowestI 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 econmically and environmentally feasible. Highb

priority should be given to the proteitio of wetlands

and floodplains through regulation or acquisition.

(5) Measures should be undertau ken to mrat r atimL-rxLC--i

ber O rrr alteration of water

resources where feasible and in the public interest.

( 6) local water supplies should be developed to the maximum

extent practicable prior to i wi r ini w

(7) Point and xain-point sources of water pollution should

be controlled to the mscinam degree that is eccn mically

and ernvirm=entally feasible.

(3) Floodplains should be ac-tete and managed to prevent

flood damage, .
T9- ^ "^ I' ^^ r~ nn 1 A 40 "iml n tny i/

(10) Minimum water flows and levels should be established to

protect water resources arnd the environmental values

associated with coastal, estuarine,-__ _ai e, 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.

O licative and overlapping regulations.4A
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, ecormanic, and

environmental harm caused;


(=) :e practicality of mtiati.ng any ha'r. !y adjust.Lg

the quantity or method of uzse?

(g) Wheth.er the impac of the withdrawal xte.nds to land

not owned or legally controlled by the user;

(h) =The purpose, method and Aeiciency of use;

(i) Water cnservation measures taken or available to be


(j) Ihe practicality or reuse, or the use of waters of

more suitable quality;

(k) The projected demand for competing uses;

(1) The safe iserss 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 impactig water resources,

(3) water shall be reserved from pemit use in such locations

and quantities, and for such seasons of the year, as in

the judgment of the DCearCnent or District may be

require fre/e the protection of fish and wildlife or the

L (4) Conservation o war shall be a requireent of each
17-40.05 waterr Tc-s/we -7^/3

The following shall a.ply to the transfers of water where such

transfers are regulated pursuant to Part ITI of Chaptr 373,

Florida Statutes:

(1) 'he transport or use of water across District boundaries

shall require accrwTal of each involved District-

(2) In deciding whether the transport and use of water across

District sijg*ru ww boundaries is consistent with the

public interst pursuant to s. 373.223(2), Florida

Statutes, the -_ et^^-. Districts should consider


(a) yC faIpraensive watsr conservation and reuse program
i nplementad and enforced in the area of need.


(b) Ihe major costs, benefits, and environmental impacts

are adequately determined 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) The 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 upcn 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 CaerfeII of the Florida

Water Plan.

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 inmact of the facilities on:

(i) recreation,

(ii) navigation,

(iii) water quality,

(iv) fish and wildlife protection,

(v) wetlands, floodplains, and other

environmentally sensitive lands,

(vi) saltwater or pollutionn intrusion, including

any barrier line established pursuant t s.


(vii) reasonable-beneficial uses of water,

(viii) minia.m flows and levels established pursuant

to s. 373.042, arnd

(ix) other factors relating to the public health,

safety, anrd welfare;

(b) The ability of the facilities to mret established

standards and criteria;

(c) Whether adequate provisions exist for the continued

operation and maintnnancr of the facilities;

(d) The ability of the facilities and related

inpreranents to avoid increasing flod damage to

offsite property or the public through:

(i) fl=cdplain development, encoachment or other


(ii) retardance, acceleration or diversion of

flowing water,

(iii) reduction of natural watr storage arsas,

(iv) facility failure, or

(v) other actions adversely .mpac.ing offsite -ater

flcws or levels.

17-40.08 Miiimum clows and Levels

T ,,S., _l l _- l ,-"y U |.LU i -inn. _.,_n- ,
ii. 373,02 jr Jl^^. :^; n Lx S-'-o

(1) hen 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 -e-iem;

(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) Otaeehia if ediment loads;

(i) Water quality eh-a-emat;

(j) Navigation; and

(k) Other environmental values.

(2) Minimum flows and levels, once established, shall be a

consideration where relevant to:

(a) Ihe construction and operation of Water Resource


(b) Ihe issuance of permits pursuant to Part II, Part
IV, and s. 373.08 of Chapter 373, Florida Statutes.

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17-40.10 District 'Water Usep Plans

(1) Water we/plans si11 be prepared by each District which

identify specific geographical areas where water resource

problems have reached critical levels.
Cz) - A course of remedial action which is consistent with
the provisions of f shall be

specified far each critical problem.

C3) b Measures may include, but are not limited to.ter
/ source Afojects; 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 Governmnt Comprehensive Plan, local ordinance,

or zoning regulation.

^) fa2 Areas or regions Aihere the collection of data, water
resource investigations, 9 water resource projects, or

the impleentation of regulatory programs are

necessary to prevent water resource problems from
reaching critical levels shall also be identified.

17-40.11 Implementation

(1) 1 iMshall be reviewed periodically, but in
no case less frequently than once every four years.
aevisicns, if any, shall be adopted by rule.

(2) Within 12 months after adoption or revision of Stese
WAi .--e'r&l the Department, in coordination with the

Districts, shall review existing rules for consistency

(3) District rules adopted after -th e ...... l. .k..s
effect shall be consistent with .. ....f.u. ... 1"rf*

(4) At the request of the Departnment, each District shall

initiate rulemakirg pursuant to Capter 120, lorida


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