Title: Letter from Terry Cole re: a copy of the Proposed Amendments to Chapter 17-40
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Permanent Link: http://ufdc.ufl.edu/UF00052928/00001
 Material Information
Title: Letter from Terry Cole re: a copy of the Proposed Amendments to Chapter 17-40
Alternate Title: Letter from Terry Cole, DER, to Carroll Webb, Executive Director, Joint Committee on Administrative Procedures, Tallahassee, Fla. Enclosing a copy of the Proposed Amendments to Chapter 17-40, F.A.C., A Detailed Written Statement of the Facts and Circumsta
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 25 ( SF STATE WATER POLICY - VOL. III ), Item 44
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052928
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


May 5, 1981

Mr. Carroll Webb
Executive Director
Joint Committee on Administrative
Room 120, Holland Building
Tallahassee, Florida 32304

Dear Mr. Webb:

Department of Environmental Regulation's
Proposed Adoption of Chapter 17-40.03,
F.A.C., Docket No. 81-4R

Pursuant to Section 120.54(11)(a), Florida Statutes, attached
are the following documents:

1. Proposed Amendments to Chapter 17-40, Florida Administrative

2. A Detailed Written Statement of the Facts and Circumstances
Justifying the Proposed Rule.

3. An Estimate of Economic Impact required by Section 120.54(1),
Florida Statutes.

4. A Statement that the Proposed Rule is No More Restrictive
than Federal Standards.

5. A copy of the Notice as required by Section 120.54(1),
Florida Statutes, to be advertised in the Florida Administrative
Weekly on May 8, 1981.

As indicated in the Notice, a public hearing on the proposed
rule will be held before the Secretary of the Department of Environ-
mental Regulation on June 8, 1981, in Tallahassee, Florida.

Mr. Carroll Webb
May 5, 1981
Page Two

If you have any questions regarding this, please let me


Terry dle
General Counsel


cc: Mr. Burke Jolly
Mr. Doug Stowell
Mr. Tom Brown
Mr. L. M. Brown
Mr. Lee Worsham
Mr. Steve Walker

1 17-40.03 General Water Policy

2 The following statement of general water policy shall provide
Sa basis for Department review of water management programs, rules,

4 and plans. Water management programs, rules and plans, where

5 economically and environmentally feasible, not contrary to the

6 public interest, and consistent with Florida law, shall seek to:

7 (1) Assure availability of an adequate and affordable

8 supply of water for all reasonable-beneficial uses. Uses of water

9 authorized by a permit shall be limited to reasonable-beneficial

10 uses.

11 (2) Reserve from use that water necessary to support

12 essential non-withdrawal demands, including navigation, recreation,
Sand the protection of fish and wildlife.

14 (3) Promote water conservation as an integral part of

water management programs, rules, and plans and the use and reuse

16 of water of the lowest acceptable quality for the purpose intended.
(4) Utilize, preserve, restore, and enhance natural water

1 management systems and discourage the channelization or other

1 alteration of natural rivers, streams and lakes.

(5) Protect the water storage and water quality enhancement

functions of wetlands, floodplains, and aquifer discharge areas

through acquisition, enforcement of laws, and the application of
land and water management practices which provide for compatible

(6) Mitigate adverse impacts resulting from prior altera-
tion of natural hydrologic patterns and fluctuations in surface
and ground water levels.
(7) Establish minimum flows and levels to protect water
resources and the environmental values associated with marine,
estuarine, freshwater, and wetlands ecology.

1 (8) Encourage non-structural solutions to water resource

2 problems and give adequate consideration to non-structural alterna-

3 tives whenever structural works are proposed.

4 (9) Encourage the management of floodplains and other flood

5 hazard areas to prevent or reduce flood damage consistent with

6 establishment and maintenance of desirable hydrologic characteristics

7 of such areas.

8 (10) Manage the construction and operation of facilities

9 which dam, divert, or otherwise alter the flow of surface waters to

10 prevent increased flooding, oil, erosion or excessive drainage.

11 (11) Encourage the development of local or regional water

12 supplies within districts rather than transport water across District

13 boundaries.

14 (12) Control point and non-point sources of water pollution

15 to the greatest degree feasible as provided in Chapters 17-3, and

16 17-6, F.A.C.

17 (13) Develop interstate agreements and undertake cooperative

18 programs with Alabama and Georgia to provide for coordinated manage-

19 ment of surface and ground waters.











The Environmental Reorganization Act of 1975, Chapter 75-22,

Laws of Florida, transferred the responsibility of administering the

Water Resources Act, Chapter 373, Florida Statutes, to the Department

of Environmental Regulation. Section 373.026, Florida Statutes, pro-

vides that the Department is responsible for administration of the

Act at the state level. That section also grants the Department the

authority to exercise general supervisory authority over all water

management districts. Section 373.036, Florida Statutes, requires

the Department to adopt a state water use plan in consultation with

the water management districts and other interested persons and


This rule is the Department's guidance to the water management

districts to assure to the maximum extent possible in accordance

with the differing environmental circumstances in each district,

a consistent and uniform implementation of the Water Resources Act.

It is also adopted to implement Section 373.036, Florida Statutes,

and to establish the relationship between the State Water Use Plan

and the individual water management district plans.

Economic Impact Statement
Proposed Amendment to Chapter 17-40, F.A.C.
Docket Number 81-4R


The proposed Water Policy rule is intended to provide
general guidance for the Department of Environmental Regulation
and the five water management districts for "the development
or modification of Department and district programs, rules and
plans." In addition to general guidance, the rule lists more
specific criteria to be considered in all decisions concerning
water use, water transport, water quality, surface and ground
water management, establishing minimum water flow levels and
district water management plans. It is evident from the general
nature of the language in the rule and the declaration of intent
that no specific action other than the possible initiation of
rule development is expected by the water management districts.
There will also be some possible costs to DER for review of
district plans and rules; however, the major intent and direction
of the proposed rule, and hence the economic impacts, are of
secondary nature. It may be that the more specific sections wil'
eventually have an economic impact on the private sector but
this is not likely to occur unless they areproposed as rules.
When this occurs, each of these will require an economic impact
statement on their specific content under the provisions of
Chapter 120.54, F.A.C. At that time, the economic analyses will
have to be on a case-by-case basis and it is therefore premat.ir
and unnecessary at this time to attempt to identify and quantify
any of these potential costs.

I Estimated Costs of Implementation

The content of this rule is to be used as a policy guide f:r
future water-related state and water management district plans.
Many of these policy directives are taken from existing law and
do not constitute incremental changes in and of themselves.
However, under the provisions of Section 17-40.10, F.A.C.,
entitled "Implementation", the rule does direct staff of the
Department of Environmental Regulation to review the provisions
of this rule periodically but in no case less frequently than
every four years. Additionally, the Department will review
existing rules of all the districts for consistency with the
provisions of this chapter within twelve months after adoption.
Further corrective action is specified for those district rules
and policies which are judged to be inconsistent with this
chapter. This specific charge suggests a cost to the Departmen-
of Environmental Regulation of as much as one man-year during
Fiscal Year 1981-82 with less effort (approximately 1/2 man-
year) required annually thereafter. The actual increase in
paperwork will be on a case-by-case basis and impossible to


estimate at this time; however, the largest time responsibility
will come from the initial review of water management district
plans, policies and revisions for consistency.

Another possible cost is that involved with the rule devel-
opment that may result from the adoption of this rule. The
Department may suggest rule development proceedings in order to
insure consistency among the districts. Again, it is expected
that any costs incurred by such actions will be absorbed by
existing departmental and district personnel and respective
funding. It is remotely possible that situations may arise
where this is not the case but it is not within the scope of
this impact statement to substantively address this possibility

II Estimate of Costs and Benefits

As discussed above, future actions related to the general
policies will vary on a case-by-case basis within districts and
may result in increased costs to certain water management dis-
tricts and in select cases to potential private applicants.
These costs will be identified at the appropriate times accor in .
to the provisions of Chapter 120.54, F.A.C. The benefits
resulting from implementation of this rule are expected to
clearly outweigh any potential costs which may result. The
general continuity between water-related rules will minimize
bureaucratic confusion, and may eventually alleviate permitting
time delays, a permit applicant's cost in both cost of application
preparation and need for dealing with widely differing water
policy conditions under changing circumstances in different
regions. These benefits in and of themselves again cannot be
quantified because they must be assessed on a case-by-case basis.
The number of complaints filed with the Department based on
unnecessary delay due to inconsistency in rule policy implemen-
tation in various parts of the State attest to the timeliness -
this rule development and its probable beneficial impact.

III Estimate of Impact on Employment and Competition

This rule is not expected to have any effect on competition
or employment in the State of Florida. As suggested above, the
workload of the Department of Environmental Regulation and the.
water management districts may be increased; however, it is
expected that existing staff reorganization of priorities wili
absorb the increased workload and increased efficiency elsewhere
and be more cost-effective across the State.

IV Data and Methodology Used

The methodology employed for development of this EIS is
largely drawn from the professional expertise of Department
staff, public testimony and comment from affected interest
groups at public workshops and hearings.


There are no applicable federal rules or federal agencies admini-

stering similar rules for comparison of the proposed rule amendments to

federal standards. Therefore, it is concluded that the proposed rule

is no more restrictive than federal standards.


The Department announces the continuation of a hearing

previously held on March 27, 1981, before the Secretary of the

Department of Environmental Regulation for the purpose of adopting

the general section of a State Water Policy and discussion of rights

to use of water.

DATE AND TIME: June 8, 1981, at 10:00 A.M.

PLACE(: Department of Environmental Regulation, Fourth Floor Con-

fr<(. nc Rooms, B & D, Twiin ownerss Office Building, 2600 Blair Stone

Road, Tallahassee, Florida. A copy of the Proposed Rule and Economic

Impact Statement may be obtained by contacting the Office of Public

Information, Department of Environmental Regulation, Twin Towers

Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32301.

______________^_______ -Jl>

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