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RULES OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION
CHAPTER 17-40
WATER POLICY
17-40.01 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.
(2) Chapter 373, Florida Statutes, provides that the State Wa-
ter Use Plan and the Florida Water Plan will be developed
progressively as studies are completed and as Department
or District rules and programs are developed.
(3) As a part of the State Water Use Plan, the Department may
provide such information, directions, or objectives for
the guidance of the Districts as it deems necessary.
(4) To this end, this Chapter is intended to clarify water pol-
icy as expressed in Chapter 373, Florida Statutes, and to
otherwise provide guidance to the Department and Districts
in the development of programs, rules, and plans.
(5) This Chapter does not repeal, amend or otherwise alter any
rule now existing or later adopted by the Department or
District. However, procedures are included in this Chap-
ter which provide for the review and modification of Depart-
ment and District rules to assure consistency with the pro-
visions of this Chapter.
(6) This Chapter shall be a part of the State Water Use Plan
and the Florida Water Plan.
(7) It is the intent of the Department, in cooperation with
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the Water Management Districts, to seek adequate sources
of funding to supplement District ad valorem taxes to im-
plement the provisions of this Chapter.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.036, F.S.
History: New.
17-40.02 Definitions
When appearing in this Chapter, the following words shall mean:
(1) "Department" means the Department of Environmental Regula-
tion.
(2) "District" means a Water Management District created pur-
suant to Chapter 373, Florida Statutes.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.036, F.S.
History: New.
17-40.03 General Water Policy (Reserved.)
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 Stat-
utes:
(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 pre-
sently existing legal uses of water and is consistent with
the public interest.
(2) In determining whether a water use is a reasonable-bene-
ficial use, consideration should be given to any evidence
presented concerning the following factors:
(a) The quantity of water requested for the use;
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(c) The suitability of the use to the source of water;
(d) Th purpose and value of the .Je;
(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 practicality of reuse, or the use of waters of
more suitable quality;
(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; and
(o) Whether the proposed use would significantly in-
duce salt water intrusion.
(p) The amount of water which can be withdrawn without
causing harm to the resource.
(q) Other relevant factors.
(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 re-
quired for the protection of fish and wildlife or the
public health or safety.
(4) Conservation of water shall be a requirement unless
not economically or environmentally feasible.
17-40.05
Speci c Authority: 373.026, 3 043, 403.805, F.S.
Law Implemented: 373.036, Part II, 373, F.S.
History: New.
Water Transport
The following shall apply to the transfers of water where
such transfers are regulated pursuant to Part II of Chapter
373, Florida Statutes:
(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 boundaries is consistent with the public interest
pursuant to Section 373.223, Florida Statutes, the Dis-
tricts 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 transport is an environmentally and economically
acceptable method to supply water for the given pur-
pose;
(d) The present and projected water needs of the supplying
area are reasonably determined and can be satisfied
even if the transport takes place;
(e) The transport plan incorporates a regional approach
to water supply and distribution including, where ap-
propriate, plans for eventual interconnection of wa-
ter supply sources; and
(f) The transport is otherwise consistent with the
public interest based upon evidence presented.
Sp-eific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, Part II, 373, F.S.
History: New.
17-40.06 Water Quality
(1) Water quality standards shall be enforced pursuant to Chap-
ter 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: 373.036, 373.039, 403.021, F.S.
History: New.
17-40.07 Surface Water Management
The following shall apply to the regulation of surface waters
pursuant to Part IV, Chapter 373, Florida Statutes.
(1) The construction and operation of facilities which manage
or store surface waters, or other facilities which drain,
divert, impound, discharge into, or otherwise impact wa-
ters 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.
(2) In determining the harm to water resources and consis-
tency with the objectives of the Department of District,
consideration should be given to:
(a) The impact of the facilities on:
(i) recreation,
(ii) navigation,
(iii) water quality,
(iv) fish and wildlife,
(v) wetlands, floodplains, and other
environmentally sensitive lands,
(vi) saltwater or pollution intrusion, including
any barrier line established pursuant to Sec-
tion 373.033, Florida Statutes,
(vii) reasonable-beneficial uses of water,
(viii) minimum flows and levels established pursuant
to Section 373.042, Florida Statutes, and
(ix) other factors relating to the public health,
safety, and welfare;
(b) Whether the facilities meet applicable design or per-
formance standards.
(c) Whether adequate provisions exist for the continued
satisfactory operation and maintenance of the facili-
ties;
(d) The ability of the facilities and related improvements
to avoid increased damage to offsite property or the
public caused by:
(i) floodplain development, encroachment or other al-
teration,
(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.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036; Part IV, 373 F.S.
History: 'Mew.
17-40.08 Minimum Flows and Levels
(1) In establishing minimum flows and levels pursuant to Sec-
tion 373.042, consideration shall be given to the protec-
tion of water resources, natural seasonal fluctuations in
water flows or levels, and environmental values associated
with coastal, estuarine, aquatic, and wetlands ecology, in-
cluding:
(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;
(i) Water quality; and
(j) Navigation.
(2) Established minimum flows and levels shall be a considera-
tion 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.
(c) The declaration of a water shortage pursuant to Sec-
tion 373.175 or Section 373.246, Florida Statutes.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, 373.042, 373.086, 373.175,
373.246, F.S.
History: New.
17-40.09 District Water Management Plans
(1) A water management plan shall be prepared by each District
which is consistent with the provisions of this Chapter and
Section 373.036, Florida Statutes. The plan shall identify
specific geographical areas where water resource problems
have reached critical levels.
(2) A course of remedial action shall be specified for each
critical problem.
(3) Measures may include, but are not limited to, water
resource projects; water resources restoration pro-
jects pursuant to Section 403.0615, Florida Statutes;
purchase of lands; enforcement of Department or Dis-
trict rules; and actions taken by local government
pursuant to a Local Government Comprehensive Plan,
local ordinance, or zoning regulation.
(4) District Plans shall also provide for identifying areas
where collection of data, water resource investigations,
water resource projects, or the, implementation of regula-
tory programs are necessary to prevent water resource prob-
lems from reaching critical levels.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, 373.033, 373.042, 373.106,
373.114, F.S.
History: New.
17-40.10 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 Department, in coordination with the
Districts, shall review existing rules for consistency
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 ini-
tiate rulemaking pursuant to Chapter 120, Florida Statutes,
to consider changes the Department determines to be neces-
sary to assure consistency with this Chapter. The Depart-
ment 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 to consider implemen-
tation of programs pursuant to Sections 373.033, 373.042,
373.106, Part II, Part III, or Part IV of Chapter 373,
Florida Statutes, where the Department or District deter-
mines that present or projected conditions of water short-
ages, saltwater intrusion, flooding, drainage, or other wa-
ter 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 pol-
icy directives.
(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 Dis-
trict water management plans.
(8) Duplication of water quality and quantity permitting func-
tions should be eliminated where appropriate through dele-
gation of Department responsibilities to Districts.
(9) The Department and Districts should assist educational in-
stitutions in the development of educational curricula and
research programs which meet Florida's present and future
water management needs.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, 373.033, 373.042, 373.106,
373.114, F.S.
History: New.
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