Title: Memorandum from Virginia B. Wetherell, DER, attaching a copy of the Proposed Revisions to State Water Policy. October 1, 1933. 24p.
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Permanent Link: http://ufdc.ufl.edu/UF00052952/00001
 Material Information
Title: Memorandum from Virginia B. Wetherell, DER, attaching a copy of the Proposed Revisions to State Water Policy. October 1, 1933. 24p.
Physical Description: Book
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052952
Volume ID: VID00001
Source Institution: Levin College of Law, 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

'7- 93



Interested Parties
Virginia B. Wetherell, Secretary
October 1, 1993
Update on Proposed Revisions to State Water Policy

We very much appreciate all of the comments we received on the
workshop draft of revisions to State Water Policy (Chapter 17-40,
F.A.C.). Water policy is important to all Floridians and your
participation has been very helpful.
Because the workshops around the state in August 1993 were actually
followups to six other "scoping" workshops in 1992, we do not plan
another series of workshops before taking the proposed rule
revisions to the Environmental Regulation Commission for decision
during their December 1-2 hearing in Tallahassee. We do want you
to know, however, that we have carefully considered your comments.

Although we received many comments, there seem to be only a
relatively small number of major concerns. We are attaching, for
your information, a revised draft that we think addresses most of
those concerns. This draft provides you an opportunity to advise
us whether we have adequately addressed the major concerns. We
must have your response no later than October 8, if we are to use
them in preparing our hearing draft of recommendations to the
Environmental Regulation Commission. Please address your comments
to Bart Bibler or Tom Swihart at phone number 904-488-0784, FAX

The major changes in this draft are:
Definition of Reuse

Section 17-40.210(23). Withdrew: The proposal to delete
"environmental enhancement" as an example of reuse.
Definitions of "Associated Ecosystems" and "Natural Systems"

Section 17-40.210. Added: These definitions, as requested by a
number of commenters.

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Interested Parties
October 1, 1993
Page Two

Water Supply and Protection

Section 17-40.410(1). Withdrew: The statement about ownership of
land not constituting an entitlement to a consumptive use of water.
Section 17-40.410(5). Withdrew: The statement about priority
protection of natural systems when determining ground water
availability and surface water availability.
Water conservation

Section 17-40.412(2)(b). Modified: The time limits on daily
irrigation restrictions to clarify that the uniform restrictions
apply only if imposed by a water management district. They may be
applicable only to particular irrigation activities or sources.
Water Control Districts

Section 17-40.432(3)(d). Modified: The policies on water control
districts and stormwater management to clarify that the policy does
not attempt to create new powers for the water control districts.
Natural Systems Protection and Management

Section 17-40.470. Modified: This section to make it more general
and emphasize that the implementation of this policy area occurs in
other rulemaking of the Department and the water management
Protection Areas for surface Water

Section 17-40.475. Modified: The revised proposal limits the
establishment of protection areas to surface waters with special
designations, and also limits the distance from the surface water
for the protection area.

Each recipient of this notice will also receive the hearing draft.
Thank you for your continued participation in this process.


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17-40.110 Declaration and Intent.
17-40.120 Department Rules.
17-40.210 Definitions.
17-40.310 General Policies.
17-40.401410 Water Uae-and~Ree Suaply Protection end Manaee nt.
17-40.412 Water Conservation
17-40.416 Water Rease
17-40.408422 Waer-M e raneper Interdistrict Transfer
17-40.424 Wellhead Protection
17-40.46840Q Water Quality Protection and Management.
17-40.40442 Surface Water Management.
17-40.450 Flood Protection
17-40.458 Floodplain Protection
17-40.470 Natural Svatems Protection and Mana-ement
17-40.40647 Minimum Flows and Levels.
17-40.475 Protection Areas for Surface Waters

17.40.510 Florida Water Plan
17-40.~1520 District Water Management Plans.
17.40.530 Depalrtmaent Review of District Water Management Plans
17,40.540 Water Data

17-40.691610 Review and Application.

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4 17.40.110 Declaration and Intent.
(1) The waters of the state are among its basic re-
6 sources. Such waters should be managed to con.
serve and protect natural resources and scenic
8 beauty and to realize'the full beneficial use of the
resource. Recognizing the importance of water to
10 the state, the Legislature passed the Water Re-
sources Act, Chapter 373, Florida Statutes, and
12 the Air and Water Pollution Control Act, Chapter
403, Florida Statutes. Additionally, numerous
14 goals and policies within the State Comprehen-
sive Plan, Chapter 187, Florida Statutes, address
16 water resources and natural systems protection.
(2) This Chapter is intended to learif provide
18 water policy foals. objectives, and gridance for
the development and review of proranms. rules.
20 and plan relating to water resources. as ex-
pressed in Chapters 187, 373, and 403, Florida
22 Statutes, and t. eu-- ..'e ide aIe- t.
%maw ft.'sa J Ditrit in te develmen
24 d pamiu ls,madpla"s.
(3) These policies shall be construed as a whole
26 and no individual police shall be construed or an.
plied in isolation from other policies.
28 ((Add as new numbered section, renumber other
sections: (4) "Notwithstanding the Incorporation
30 of other Department rules In 17-40.120, this
chapter shall not constitute standards or criteria
32 for decisions on Individual permits."
(4) A ioal of this Chanter is to improve coordina.
34 tian between land and water manage-
mAnt~((Change to "A goal of this Chapter Is to
36 coordinate the management of water and related
land resources)) Local governments shall
38 consider state water policy in the development of
their comprehensive plans required by Chapter
40 163, Florida Statutes, as required by Section
403.0891(3Xa), F.S. Special districts which
42 manage water shall consider state water policy in
the development of their nlans and nrorrams.
44 The Leialature has al soA epressd its intent. in
Section 373.039. F.,. that future growth and
46 development planning reflect the limitations of
the available around water and other water
48 sunlies.

(5) It is an obiactive of the State to. rotect the
50 functions of entire ecoonical svatema.((Change to
reed: "t is an objective of the state to protect the
62 functions of entire ecological systems, as
developed and defined In the programs, rules,
54 and plans of the Department and water manage.
ment districts.))
66 (6) Government services should be provided effi-
yiantlv Tnefficienev rarultin from duplication of





narmitting shall be eliminated where annrotri.

ate. including water quality and water nuantitv
permitting functions.
(7) Public education. awareness. and partici.
nation shall be encouraged. The Denartnmnt and
Districts should assist educational institutions in
the development of teduatonal curriula and re-

search programs which meet Florida's present
68 and future water management needs.
(OX8 This Chapter does not repeal, amend or
68 otherwise alter any rule now existing or later
adopted by the Department or Districtj. How-
70 ever, procedures are included in this Chapter
which provide for the review and -odification of
72 Department and District plans, prorrams. and
rules to assure consistency with the provisions of
74 this Chapter. The procedure for modification of
District rules as requested bv the Department
76 shall he as prescribed in Section 373.114. F.S.
and annlicable provisions of this Chanter.
78 (4K1 It is the intent of the Department, in coop-
eration with the Water Management Districts, to
80 seek adequate sources of funding to supplement
District ad valorem taxes to implement the provi-
82 sions of this Chapter.
Specific Authority: 378.026(10), 878.048,
84 ((373.171))4os.oel(as), F.s. ((40.073))
Law Implemented: 373.016, 373.114, 40.061(88),
86 403.0891, F.B. ((403.073 Ch. 93-213, 2, 1993 Fa.
Laws 1652,1654))
88 History: New 5-5-81. Previously numbered a 17-
40.01. Amended 12-5-88. Previously numbered 17.
90 40.001, Amended 8-14-90, 12-17.91.

92 17-40.120 Department Rules.
State water policy shall also include the following
94 Department rules:
S(1) Water Quality Standards, Chapter 17.3,
96 F.A.C.
(2) Surface Water Quality Standards, Chapter
98 17-302, F.A.C.


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(3) Surface Water Improvement and Manage.
2 ment, Chapter 17-43, F.AC.
(4) Ground Water Classes. Standards and Ex.
4 mentions. Chapter 17-520. F~AZ
(5) Drinking Water Standards. Monitoring. and
6 Reportin. Chapter 17-560. F.AC.

8 Specific Authority: 373.026(7), 373.026(10), 373.043,
408.061(88), 408.805, 40i861. F.S.
10 Law Implemented: 738.016, 873.114, 408.061(33),
408.85, 408.0891, F.8.
12 History: New 8-14.90. Amandad.

14 PART 1[
16 17-40.210 Definitions.
When used in this chapter and in the review ol
18 rules of the Districts pursuant to Section
373.114(2), F.S., unless the context or content of
20 such District rule requires a narrower, more spe.
cific meaning, the following words shall mean:
22 (1) "Aquifer" shall mean a geologic formation,
group of formations, or part of a formation that
24 contains sufficient saturated permeable material
to yield useful quantities of ground water to
26 wells, springs or surface water.
((Add new definition and renumber: "Associated
28 ecosystem" means ecological systems support.
Ing aquatic and wetlanddependent natural
30 resource, Including fish and wildlife habitat))
(2) "Consumptive use" means any use of water
32 which reduces the supply from which it is with.
drawn or diverted.
34 (3) "Department" means the Department of Envi-
ronmental Begation Protection.
36 (4) "Detention" means the delay of stormwater
runoff prior to its discharge.
38 (5) "District" means a Water Management Dis-
trict created pursuant to Chapter 378, Florida
40 Statutes.
(6) "District Water Management Plan" means the
42 long range Mmprehenive water resource man-
agement alan nreaared by a District.
44 (*X1 "Drainage basin" means a subdivision of a

14:39 No.009 P.04

446 +74i "Effluent", unless specifically stated other.
wise, means water that is not reused after flow.
.48 ing out of any wastewater treatment facility or
other works used for the purpose of treating,
50 stabilizing, or holding wastes.
(9) "FloodUlain" means land area subject to
52 inundation by flood waters from a river. water-
course. lake. or coastal waters. Floodplins are
54 delineated according tf their estimated risk of
floadinL((ChlWge to read: delineatedd according
56 to theirestimated frequency of flooding )
(8)Q "Florida Water Plan" means the State
68 Water Use Plan f Am Sulat t- r taJ ....... C'
8...6, Ftl..a S.tat6.t, together with the
60 water quality standards and water classifications
adopted by the Department '-i-hapCter7- a
62 1+4OF0, 00A
(9=)1 "Governing Board" means the governing
'64 board of a water management district
f0)x12= "Ground water" means water beneath
66 the surface of the ground, whether or not flowing
through known and definite channels.
'68 (13) "Qround water availability" means the po.
tlential quantity of ground water which can be
70 withdrawn without resulting in significant harm
to the water resources or associated ecosystems.
72 (14) "Ground watar basin" means a aground water
flow system that has defined boundaries and may
74 include eMrmeable materials that ara capable of
String or furnishing a significant water supplv.
76 The basin in ludes both the surface area and the
permeable materials beneath it
,78 (1)i "High recharge aimas" means ar as erntrih.
utin~ siifieant volumes of water which add to
80 the storage and flow of an aauifer thromuh verti-
cal movement from the land surface. The atrm
182 significant will vary geographically depending on
the hydrolo i characteristic of that aqnifer.
84 (16)f, "Intm ,lllutant load reduction aal"
means a best judgment numeric estimate of the
86 level of pollutant load reduction anticipated to
result fiom planned earrectrve actions as an
88 interim aten toward the goal of preterving or
rstorin, deairiated uses ((Add: "of wreovlng
90 bodb0 Of watr)) and maintc ningm water .nlit
consistent with anRlicable stat standards.
92 ((Add a definition end renumber: "Natural
Systems" means associatedd ecosystem')


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October 1, 1998: Draft Changes in Workshop Draft

(*-)12 "Nutrient limitations" means those
2 numeric values which establish a maximum or 0
minimum allowable nutrient loading or concern.
4 traction, as appropriate, for a specific nutrient.52
Nutrient limitations are established through an
6 individual permit or other action within the54
regulatory authority of the Department or a
8 District. These limitations serve to implement 5
state water quality standards.
10 (18) "Pollutant load reduction eoal" means egti-.
mated numeric reductions in pollutant loadins
12 needed to preserve or restore designated uses ofcg6
receiving watern((f receiving bodies of water))
14 and maintain water quality consistent with62
analicable state standards-
16 (19) "Prime recharge areas" means areas that are64
generally within, but not limited to. high re.
18 charge areas. that are significant to present and66
future ground water uses including protection
20 and maintenance of natural systems and water68
suann. ((Change to: "Prime recharge arms"
22 moans areas that are generally within high7o
recharge areas and are significant to present and
24 future ground water uses Including protection72
and maintenance of natural systems and water
26 supply.)) 74
9)(2Q "Reasonable-beneficial use" means the
28 use of water in such quantity as is necessary for76
economic and efficient utilization for a purpose
30 and in a manner which is both reasonable and78
consistent with the public interest.
32 (424 "Reclaimed water" moans water that has 80
received at leases secondary treatment and is
34 reused after flowing out of a ((Add "domestic"))82
wastewater treatment facility.
36 (i4)221 "Retention" means the prevention of 84
stormwater runoff from direct discharge.
38 *(2S1 "Reuse" means the deliberate applications
of reclaimed water, in compliance with Depart.
40 ment and District rules, for a beneficial purpose. 88
(a) Fwr qm-wpl- Where apnroariatea ((DO90
42 not make a change In the current
rUe.))said uses may encompass: 92
44 1. Landscape irrigation (such as ir-
rigation of golf courses, cemeteries, 94
46 highway medians, parks, play.
grounds, school yards, retail nurs-96
48 series, and residential properties);

14:40 No.009 P.05

2. Agricultural irrigation (such as
irrigation of food, fiber, fodder and
seed crops, wholesale nurseries, sod
farms, and pastures);
3. Aesthetic uses (such as decora-
tive ponds and fountains);
4. Groundwater recharge (such as
slow rate, rapid-rate, and absorp.
tion field land application systems)
but not including disposal methods
described in- Mle; 17 40B10(16)b),
A.0. i n (b) below:
5. Industrial uses (such as cooling
water, process water, and wash
G -....... .t-... fn ...w r.. -f
%*I & VIAtwe Waters, A resltWi o d
G1-- t----100, 61, 4 ,,-01 ,,,, --np":
tLam, of recl-- aim ned s, lawi- hvi
_f,,,,J ,l__l .J .....wl an.. l

re oratio.-- -((D not make a
change In the current rule.))
Fire protection; or
,. Other useful purpose.
(b) Overland flow land application sys-
tems, rapid-rate land application systems
providing continuous loading to a single
percolation cell, other land application
systems involving less than secondary
treatment prior to application, septic
tanks, and groundwater disposal systems
using Class I wells injecting effluent or
wastes into Class G-IV waters shall be ex-
cluded from the definition of reuse.
(6*)2= "Secretary" means the Secretary of the
Department of Environmental iegulatieB- Prot-e-
-1K2.). "State water quality standards" means
water quality standards adopted by the Environ-
mental Regulations Commission pursuant to
Chapter 403, Florida Statues, including stan-
dards comprised of designated most beneficial
uses (classification of waters), the numerical and
narrative criteria applied to the specific water
use or classification, the Florida anti-degradation
policy, and the moderating provisions contained
in Rules 17-3, amd 17-4, 17-.02. 17-520. and 17.
fl, F.A.C.


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*i6~2fI "State Water Use Plan" means the plan46
2 formulated pursuant to Section 373.036, Florida
Statutes.. fa .R. -we- wa1 .. a...d .-..evomn Ofater48

14:40 No.009 P.06

(B4KS. "Water" or "waters in the state" means
any and all water on or beneath the surface of
the ground or in the atmosphere, including

4 of-the- Ate.(Do not make this change In the natural or artificial watercourses, lakes, ponds,
current rule)) 50 or diffused surface water and water percolating,
S"Stowater" mean the water which standing, or flowing beneath the surface of the
6 from rainfallev means the water whichnt62 ground, as well as all coastal waters within the
results from a rainfall event.
8 me "Stowater management program" ju ction ofthe state.
8 O*YG. "Stormwater management pogrm"5'4 4O6M "Watershed" means the land area which
means the institutional strategy for stormwater
10 management, including urban, agricultural, and contribute to th flow of water into a receiving
other stormwater. body of water.
12 ff m "Stormwater management system" 36) 'Watershed management gQal" means an
means a system which is designed and con. 8 overall goal which provide the general u trateies
14 structed or implemented to control stormwater, fortho an ement f water res within
incorporating methods to collect, convey, store,60 waterhed
16 absorb, inhibit, treat, use, or reuse stormwater to
prevent or reduce flooding, over-drainage, envi-62 Specific Authority: 873.026(10), 187.0391. 378.0895.
18 ronmental degradation and water pollution or 373.043, ((3A.)) 403.061(83), F.S.
otherwise affect the quantity and quality of dis-64 Law Implemented: 878.016, 378.026(7), 373.114,
20 charges from the system. 403.061(33), 408.0891, F.S. FC((awe "Lawe nplnwnt
W 66 to S70.01S37, 373. 0 S (7), 37m036, S7S.9391, S3739,
(29iq1 "Stormwater utility" means the entity 073.4 Sn.14, S17 373.m37341 S4, 3 1 771M73(m ,
22 through which funding for a stormwater man-68 40.0a1(33X34), 40 f15J3), 40104, 40 0, 4 .1, F.8., Ch
agement program is obtained by assessing the SA4 fgS Fl.l.aws m 184 15 L 9O 3 .29,193 f a.
24 cost of the program to the beneficiaries based on70 La* 16941, 1Mes Wo seed L Je A 714Rt 1a m .
their relative contribution to its need. It is oper. 214, & 994 1 l99 Laws I fra 16 (amwnI n rL #Mt
26 ated as a typical utility which bills services regu-72 M$414(19)
larly, similar to water and wastewater services. History: New -5-.81. Previously numbered as 17.
74 40.02. Amended 12-6-88. Previously numbered 17-
28 4BS31) "Surface water" means water upon the 40.020, Amended 8-1490, 12-17-91.
surface of the earth, whether contained in76
30 bounds created naturally or artificially or dif.
fused. Water from natural springs shall be
32 classified as surface water when it exits from the78 PART I
spring onto the earth's surface. GENERAL PROVISIONS
34 (32) "Surface water availability" means the potan.80
fal i antfityi A rfaeer obA r ft hatf '^aN ol i n 1 A .

36 removed or retained without sainificant harm to82
the water resources or associated ecosvstema
38 (3) "Water resource caution area" means n84
geographic area identified by a water manage.
40 meant district as having idisting water resource
40 ir M 8
problems or an area in which water resource
42 problems are projected to develop during the next
twenty years A critical water sunlvy problem
44 arm described in action 403.Q64. F 8. i an
example of a water resource caution are. 90

J-40.sJLu Geneoral rolcies
The following statement of general water policy
shall provide alft nolicv nuidance ((ClMtg to
"hallguid Department re V "))for Department
review of water management programs, rules,
and plans. Water management programs, rules
and plans, where economically and environmen-
tally feasible, not contrary to the public interest,
and consistent with Florida law, shall, seek to:
(1) Water Suaply
laLAssure availability of an adequate and af-

fordable supply of water for all reasonable-
beneficial uses. Uses of water authorized by
a permit shall be limited to reasonable-bene-
ficial uses.


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October 1, 1993: Draft Changes in Workshop Draft

QIY O Reserve from use that water necessary
2 to support essential non-withdrawal de-48
mands, including navigation, recreation, and
4 the protection of fish and wildlife. 60
(OWc Champion and develop sound water
6 conservation practices and public informa-52
tion programs.
8 (4(d.f Advocate-and direct the reuse of re-64
claimed water as an integral part of water
10 and wastewater management programs, 56
rules, and plans consistent with protection of
12 the public health and surface and ground58
water quality.
14 (6W~ Encourage the use of water of the low-60
est acceptable quality for the purpose in-
16 tended. 62
f46l Encourage the development of local
18 and regional water supplies within district 64
rather than transport water across District
20 boundaries. 66
(g) Eneotrae ((Add "demand management
22 and")the development of alternative water 68
sunhlies. including water conservation.
24 reuse of reclaimed water. desalination.70
stormwater rouse, and aauifer atorape. re-
26 charge and recovery. ((Change "stormwater72
reuse, and aquifer storage, recharge, and
28 recovery" to "stormwator reuse, chargee,4
and aquifer recharge and recovery."
30 *(bl Protect aquifers from depletion 76
through water conservation and preserva-
32 tion of the functions of high recharge areas.
(2) Water OCality Protection and Management
34 (CK l Restore and protect the quality of80
ground and surface water by ((Add "Solving
36 current problems and by")) ensuring high82
quality treatment for stormwater and
38 wastewater. 84
XKih' Identify existing and future public
40 water supply areas and protect them from86
42 [3) Flood Protection and Flfdnlain Protection 88
fielI Encourage nonstructural solutions to
44 water resource problems and give adequate 90
consideration to nonstructural alternatives
46 whenever structural works are proposed. 92



fi44h) Manage the construction and opera.
tion of facilities which dam, divert, or other.
wise alter the flow of surface waters to re-
rent minimize damage fkom increaed flood-
ing, soil erosion or excessive drainage, or
habitat altaration.((DO not make the addition
of "habitat alteration))
(&4) Encourage the management of flood-
plains and other flood hazard areas to pre-
vent or reduce flood damage, consistent with
establishment and maintenance of desirable
hydrologic characteristics and ee.oldical
functions ((Change "and ecological func-
tons" to "and associated eosystems")of
such areas.
(d) Encourage the development and imnle-
mentatnin of a strict flnodnlain management
araoram byv tate. regional. and local gov-
rnmentsg designed to reserve hvdrolali-
cally ainificant wetlands and other natural
floodplain featuresf((Change preservee
hydologically significant wetlands and other
natural floodplain features" to "preserve
floodplain functions and associated
(e) Avoid the expenditure of nublie funds
that encourage or -subsidize ((Add
"ncompatlble")) new development or ainnifi-
cant eaTpnsion of existing develonment in
high-haard flood are.((Change "hitgh
hazard flood aa" to: "flood prone armss)
(f) Minimize flood-related emergencies.
human disaster nla of nprnertvy, and other
associated imnacts.
(4) Natural teams Protection and Mananement
tWal Establish minimum flows and levels
to protect water resources and the environ-
mental values associated with marine, estu-
arine, freshwater, and wetlands ecology.
(40Wl Mitigate adverse impacts resulting
from prior alteration of natural hydrologic
patterns and fluctuations in surface and
ground water levels.
(6Wc Utilise, preserve, restore, and enhance
natural water management systems and dis-
courage the channelization or other altera-
tion of natural rivers, streams and lakes.
(5) Management Policies

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fftLa) Protect the water storage and water
2 quality enhancement functions of wetlands
floodplains, and aquifer recharge areas
4 through acquisition, enforcement of laws
and the application of land and water man-
6 agement practices which provide for compat.
ible uses.
8 (b) Emphasaiz the prevention of nollution
and other water resource problems.
10 (i)s Develop interstate agreements and
undertake cooperative programs with Ala.
12 bama and Georgia to provide for coordinated
management of surface and ground waters.
Specife Authority: 878.026(10), 408.0891, ((373.06),
16 378.043,403.061(88), P.S.
Law Implemented: ((7$.015))87.016. 373.026(7),
18 ((37103., S71S91, 373.042, 373. 374.o04, 373.08
37.103(4)), 873.114, ((3713171, 373.175, 373"25, 371413
20 873.419, 371451, 377.71(1), 403.061(88), ((34))((4403.015(S)
400))403.0891,((Ch,. 9.213, j 2, 9193 L Laws 165, 1fM4
22 Ch, t91& 20, 1099 FL Law 152,163 (t o be oosfd at Fl
tl a 37 4135), Ch. 93"1, a. 9, 1 S Flt Lawm 1652 1W8
24 (auending FlSat ..$13.414 (1991))) F.S.
History: New 7.1-81. Previously numbered as 17-
26 40.03. Amended 12-5-88. Previously numbered as 17-
4.030, Amended 8-14-90, 12-17-91.
17-40A'410 Water SlAtnl Prntection and
34 Mntn nt M U il
The following shall apply to those areas where
36 the use of water is regulated pursuant to Part II
of Chapter 373, Florida Statutes:
38 (1).The ownership of land in the State of Florida
does not constitute an entitlement to consume.
40 tive use of the water that exists on or below that
land. Part II of Chanter 373. P.. and the re ula-
42 tory prrgaram adopted thereto pursnant thereto
Pcnstitute the sole authority for permitting the
44 consumptive use of water ((Do not add tfh
section to curvnt water policy.))
46 *YX){ No permit shall be granted to authorize the
use of water unless the applicant establishes that
48 the proposed use is a reasonable-beneficial use,
will not interfere with presently existing legal
50 uses of water and is consistent with the public in-

14:42 No.009 P.08

r52 te)3 In determining whether a water use is a
, reasonable-beneficial use, the following factors
64 will be considered:
I (a) The quantity of water requested for the
-56 use;
(b) The demonstrated need for the use;
58 (c) The suitability of the use to the source of
60 (d) The purpose and value of these;
(e) The extent and amount of harm caused;
[62 () The practicality of mitigating any harm
by adjusting the quantity or method of use;
64 (g) Whether the impact of the withdrawal
I extends to land not owned or legally con-
66 trolled by the user;
(h) The method and efficiency of use;
'68 (i) Water conservation measures taken or
available to be taken;
70 (j) Th a...vlbilit f rla- .a fa .
,,2 we ..pr .ctialy, -f r -.-, f mi, -,se of
172 ...0. .... ...... "-1, .. Tha'laibl fmhi
itv of alternative sources such as reclaimed
74 water. stormwater. brackish water and salt
76 (k) The present and projected demand for
the source of water;
78 (1) The long term yield available from the
source of water;
80 (m) The extent of water quality degradation
182 (n) Whether the proposed use would cause or
contribute to flood damage;
'84 (o) Whether the proposed use would signifi-
cantly induce saltwater intrusion;
86 (p) The amount of water which can be with-
drawn without causing harm to the re-
'88 source;
(q) Whether the proposed use would ad-
90 versely affect public health; and
r) Whether the nronosed uae would sinifi.
92 eantly affect ecosystem functions and
natural resomrce.((Do not make this chlfc ge
94 In ouwent water policy.))
(*4l1 Water shall be reserved from permit use in
96 such locations and quantities, and for such sea-
sons of the year, as is required for either ((DO not
98 add "ether.)) the protection of fish and wildlife
or the public health or safety.

1 904 921 4303 PAGE.008

SEP 30 '93 14:55

,-TEL: 1-904-921-4303 SeP-30 93
October 1993: Draft Changes in Workshop Draft

(5) Water use. shall not be allowed to exced

2 around water availability or surface wete
availability. ((Add: If theirr i exceed, th
4 DIstrts shall apedHlously and equitably solv
the problem.")yhe Districts ,shal entablisl
6 nrioritv protection for the water unnllVy f natnra
systems when maldin the determination o
8 ~round water availability and surface water
avAilbiiity.((fO nof'add the previous sentence f
10 current water policy) )
fl, In implementing consumptive use permit
12 ting programs, the Department and the District

14 hall recognize the rights of property owners, a
limited by law, to make consumptive uses o
16 water from their land, and the rights of othel
users, as limited by law, to make consumptive
18 uses of water, for reasonable-beneficial uses in
manner consistent with the public interest thai
20 will not interfere with any presently existing
legal use of water.
22 ewi7 Permits authorizing consumptive uses o;
water which cause unanticipated significant ad
24 verse impacts on off-site land uses, scosvaten
functions. or water and related land resouree
26 ((Do not make this additon.))existing at the time
of permit application, or on legal uses of watei
28 existing at the time of permit application, should
be considered for modification, to curtail or abat4
30 the adverse impacts, unless the impacts can be
mitigated by the permitted.
32 (8) The orovisiona contained in Section 373.233
F.R. entitled "Comneting Anulications." and any
34 rules adAnted pursuant to it. shall be the s le
method for the allocation of any quantity of waite
36 beinr sought by and insufficient for two or major
competing anplicationr. ((Delete the previoU
38 sntenco, but not the next one.)Yrh..l trij
Hall determine whether any nonndinr anplieation
40 comnetes with any other sndinA annlication and
whether the requirements of Section 373.233.
42 P.S.. and imtlementind rules. should he used tA
determine which anplication best serves the
44 nublie interest
(9) Any reallocation of an existing permitted
46 uantitv of water shall reaimre anermit ((Chhang
"shall require pemit" to "shall be reviewed by
48 the District")) and shall be subinet to All oamni.
ance with the annlicable permitting criteria of
50 the District

SEP 30 '93 14:56

14:43 No.009 P.09

152 Specific Authority: 373.026, 873.048, ((7.171,
e 40.om1(ss))JB.s.
S54 Law Implemented: 187.101(3), 378.01,
h 373.0391(2Xe), ({Jt73.4)Part II, 873, 403.064, F.S.
a56 History: New 6--81. Amended 2-4-82, 12-5-88.
Previously numbered at 17-40.04. Previously
'8 numbered as 1740.040, Amended 8-14.90, 12-17-91.
r Previously number as 740.401 Amendd,
1.40.412 Water CQnemratinn
'62 The overall water cornservatinn aoal of the stat
I shall be to prevent and reduce wasteful. uneco-
a64 nominal. impractical. or unreasonable aus of the
S water reurucen. Conservation of water shall be
66 required unless not economically or environment.
r taly fsible. The Districts shall accomnliah this
e68 fal
t (1) AAisting local and regional governments
70 ((Add "and other partile") in formulation plans
to conserve water to meet theirlong-term needs:
f72 (2) Etablishing aff~ienev standards for urban.
industrial. and agricultural demand management
74 whih may include the following:
( (a) Restrictionsa against inefficient irrigation
,76 nractices:
r (b) JUsing a uniform time period of 10:00 a.m.
178 to 4:00 p.m. when daily restrictions are im.
S posed on irrnaion:I((ChWn to: "If District
80 Imposs daily rstrltlons on particular Irri.
gatlon aclvivtie or Irrgation sources, using
-82 a uniform time period of 1000 a. to 4:00
S p.n~))
t84 i() (C ) minmininn unaccounted for water

186 (d atl oromoting water conserving rata
i gtmnctures;
k88 (d) Water cansarvine plumbing flituren:
I (e) Xeriacane: and
'90 (f) Rain sensrs.
S ((Combine curent (d), (a), and (): "(e) Pro-
92 moting water conserving plumbing fixture ,
S xriscap, and rain ensor.
094 (3) Maintaini nublie information and education
SProrrams for loan- and short-term water conser.
.96 vatian ~alas

1 904 921 4303 PAGE.009

.,TEL:1-904-921-4303 Sep.-30 93

October 1, 199: Draft Changes in Workshop Draft

(4) EPecuting provisions to implement the above
2 criteria and to consistently annlv water shortage
restrictions between those Districts whose
4 boundaries contain nolitial jurisdictions located
in more than one District
Specific Authority: 378.026, 873.043, FS.
8 Law Implemented: 873.171, 378.175, 373.185, 783.196,
873.1961. F.S.
10 History: New 6-5-81. Amended 2-4-82, 12-6-88.
Previously numbered as 17-40.04. Previously
12 numbered as 1740.040, Amended 8-14-90, 12-17-91.
Previously numbered as 1740.4Q01 Amonded.

14:44 No.009 P.10

(W8T1 The districts shall periodically update their
044 designations of fawAl W&... l i pply po lAam
S area water resource caution areas by rule. Such
[46 updates shall occur within one year after updates
of the district Plan prepared pursuant to Rule
48 17-40.602, F.A.C. After completion of the
district Plan or updates pursuant to Rule 17.
50 40.60852 F.A.C., the Districts may limit areas
where reuse shall be required to areas where
62 reuse is specified as a remedial or preventive
action pursuant to Rule 17-40.60NM W6Q, F.AC.
54 Any such limitation of areas where reuse shall be
required shall be designated by rule.

14 ((Ch~np t th etlone aboMW t r ad: 58 f)(6 A reasonable amount of reuse of reclaimed
SpeaM authorly: 97.02j 37$I.0 40.001(3S), F.. water from domestic wastewater treatment facili-
16 Ls w kapimsamte: M37171, M, sm.n,18, n lseN 3 t,58 ties may sihu ((Do not make a change from
F. "m1y" to "Sfll")) be required outside of areas
18 Hstwty:Nw..J) 60 designated pursuant to Rule 17-40.40146)dl,
F.A.C., as subject to etiea water supply
20 1740.416 Water Retu. 62 problem, provided:
(L As required by Section 373.0391(2)(e), F.S., (a) Reclaimed water is readily available; and
22 the districts shall designate areas that have64 ((Add Rnw actor: (b) COnslderatlon givel
water supply problems which have become criti- to Wonomlo, environmental, and technlca
24 cal or are anticipated to become critical within. ftac s ad))
the next 20 years. The Districts shall identify
26 such ..'----. w, s ---- .p .-)blm S atr (b)((C) The FUitrict has adopted rules for
resours e caution areas durn nr nearDation of ,68 reuse in these areas.

28 District Plan pursuant to Rule 17-40.6046 5
F.A.C., and shall adopt these designations b4
80 rule by November 1, 1991.
(2) Reclaimed water is a water resource in thI
32 state which must he used in a reasonable
benefieial manner.
34 (31 A reasonable amount of reuse of reclaimed
water from domestic wastewater treatment facial
36 ties shall be required within designated-eri'e
"Weaep W.O1pj ~'um water resource caution are
38 .e...s ...wh re.ue ..MO .... ..i y, enw. i
.....y rP ....n---" "-'--'- ((Chonge to
40 withinn designated water nrsource caution arse
considering economic, environmental, ant
42 technical factor))





(6) The regulatory mechanism for Ditrict
renuiremints related ta resat ofreclaiTmd water
shall be throutih consumptive use nermits issued
to either end users or nhlle water sunnlilrs. The
Districts shall not require consumptive use
nermits for wastewater facilities, which wauld
not otherwise need a constmptive use permit for
the sole purnose of readiring rese.

I 7 The Department encourages local govern.
.78 ments to implement programs for reuse of re-
claimed water. These rules shall not be deemed to
;80 preempt any such local reuse programs.
p (81 As required by Section 373.0391(Xe), F.S.,
182 the districts shall designate areas that have
water supply problems which have become criti-
84 cal or are anticipated to become critical within
the next 20 years. The Districts shall identify
86 such i '.-'-- ......... ., ..t water rasouro
cautlan areas during preparation of a District
88 Plan pursuant to Rule J7.40.SW260 F.A.C., and
shall adopt and amend these designations by rule
90 by November -Ifll.


1 904 921 4303

SEP 30 '93 14:57

PAGE. 010

((Delete the following section, which Inadver
2 tently duplicates text aBbov.))) The district
shall periodically update their designations oj
4 -, n g1 we"t 9W4py problem ,Me water re
source caution areas by rule. Such updates shali
6 occur within one year after updates of the Districi
Plan prepared pursuant to Rule 17-40.6ff62
8 F.A.C. After completion of the Idistrict Plan or
updates pursuant to^Rule 17-40.660i2, F.A.C.,
10 the Districts may limit areas where reuse shall be
required to areas where reuse is specified as a
12 remedial or preventive action pursuant to Rule
17-40604152.) F.A.C. Any such limitation oj
14 areas where reuse shall be required shall be des.
ignated by rule.
Specific Authority: 373.026, 373.048, ((403.06 ())F.S.
18 Law Implemented: 187.101(3), 373.016
((373, 3())378.0891(2Xe), Part II, 373, 408.064, P.S.
20 History: New 5.6.81. Amended 2-4-82, 12-5-88
Previously numbered as 17-40.04. Previously
22 numbered as 17-40.040, Amended 8-13-90, 12-17-91
Previously numbered ri 17-40.401 Amended.
17-40.4082Z W=e-r PRaaepew at iakisfip
26 Tra
The following shall apply to the transfers ol
28 surface and round water where such transfers
are regulated pursuant to Part II of Chapter 373
30 Florida Statutes:
(1) The tran.sper. tranfer or use of surface watei
32 across District boundaries shall require approval
of each involved District. The transfer or use o
34 around water across District boundaries shal
require approval of the District where the with
36 drawal of round water necurs
(2) In deciding whether the transper transfer
38 and use of face water across District bound
ries is consistent with the public interest pursue
40 ant to Sections 373.223, Florida Statutes, the
Districts should consider the extent to which:
42 (a) Comprehensive water conservation and
reuse programs are implemented and en
44 forced in the area of need.
(b) The major costs, benefits, and environ
46 mental impacts have been adequately deter
mined including the impact on both the sup
48 plying and receiving areas;
(c) The bransporg tranafa- is an environment
50 tally and economically acceptable method t4
supply water for the given purpose;

SEP 30 '93 14:58

14:44 No.009 P.11

652 (d) The present and projected water needs of
the supplying area are reasonably deter-
f64 mined and can be satisfied even if the tnms
perb transfer takes place;
56 (e) The traIp ranfU plan incorporates
t a regional approach to water supply and dis-
,58 tribution including, where appropriate,
plans for eventual interconnection of water
60 supply sources; and
(f) The transport transfer is otherwise con-
Z62 sistent with the public interest based upon
R evidence presented.
f64 (3) The interdistriet transfer and use of round.
S water must meet the reauirements of Section
66 975_9229. Floridan Stftutab

68 Specific Authority: 373.026, 375.048, 403.805, F.S.
S Law Implemented: 373.016, Part II, 878,
70 ((4ft.P(3)))F.S.
History: New 5-5-81. Previously numbered as 17-
72 40.08. Amended 12-5-88. Previously numbered 17-
S 40.050. Prviousl numbered as 17-40.402 Amendd.
17.l40.4 W llhePd P~ tion
76 (ReaseddP ((Do not dd this "Wemvd" section.))
178 17.40.40848 Water Quality ProtIntin. and
80 (1) Water quality standards shall be enforced
r pursuant to Chapter 403, Florida Statutes, to
182 protect waters of the State from point and non-
f point sources of pollution.
L84 (2) State water quality standards adopted by De-
S apartment rule shall be a part of the Florida
86 Water Plan.

-88 Specifi Authority: 403.061, 878.028, 873.043, 403.806,
P .S.
090 Law Implemented: 373.039, 403.021, F.S.
History: New 55-81. Previously numbered as 17-
192 40.06. Amended 12-5-88. Previously numbered 17-
. 40.060. PrEvOuslVy numbrd a 17.40401. Amended.
. 17-40.49 l Surface Water Protecton and
-96 Management.
- (1) Surface Water Protection and Management
98 Goals.
- The following goals are established to provide
100 guidance for Department, District and local gov-
ernment stormwater management programs:

1 904 921 4303 PAGE.011

-T EL:1-904-921-4303 Sep-m30 93

October 1, 1993: Draft Changes in Workshop Draft


October 1, 1993: Draft Changes in Workshop Draft

(a) It shall be a goal of surface water man-52
2 agement programs to protect, preserve and
restore the quality, quantity and environ-64
4 mental values of water resources. A goal of
surface water management programs in-6.
6 eludes effective stormwater management for
existing and new systems which shall seek 58
8 to protect, maintain and restore the func-
tions of natural systems and the beneficial60
10 uses of waters.
(b) The primary goals of the state's stormwa-62
12 ter management program are to maintain, to
the maximum extent practicable, during and 64
14 after construction and development, the pro-
development stormwater characteristics of a 66
16 site; to reduce stream channel erosion, pollu-
tion, siltation, sedimentation and flooding; to 68
18 reduce stormwater pollutant loadings dis-
charged to waters to preserve or restore70
20 beneficial uses; to reduce the loss of fresh
water resources by encouraging the reuse of72
22 stormwater; to enhance ground water re-
charge by promoting infiltration of stormwa-74
24 tar in areas with appropriate soils and geol.
ogy; to maintain the appropriate salinity re- 7
26 gimes in estuaries needed to support the
natural flora and fauna; and to address78
28 stormwater management on a watershed
basis to provide cost effective water quality 0
30 and water quantity solutions to specific wa-
tershed problems. 82
32 (c) Inadequate management of stormwater
throughout a watershed increases storm-84
34 water flows and velocities, contributes to
erosion and sedimentation, overtaxes the86
36 carrying capacity of streams and other con-
veyances, disrupts the functions of natural88
38 systems, undermines floodplain manage-
ment and flood control efforts in downstream 90
40 communities, reduces ground water re-
charge, threatens public health and safety, 92
42 and is the primary source of pollutant load-
ing entering Florida's rivers, lakes and estu-94
44 aries, thus causing degradation of water
quality and a loss of beneficial uses. Accord-96
46 ingly, it is a goal to eliminate the discharge
of inadequately managed stormwater into98
48 waters and to minimize other adverse im-
pacts on natural systems, property and publ00
50 lic health, safety and welfare caused by im-
properly managed stormwater. 102

S (d) It shall be a goal of stormwater manage-
ment programs to reduce unacceptable pol-
I lutant loadings from older stormwater man.
agement systems, constructed before the
S adoption of Chapter 17-25, F.A.C., (February
1, 1982), by developing watershed manage-
S ment and stormwater master plans or
District-wide or basin specific rules.
S (e) The concept of developing comprehensive
watershed management plans in designated
watersheds is intended not only to prevent
existing environmental, water quantity, and
water quality problems from becoming worse
but also to reduce existing flooding problems,
to improve existing water quality, and to
preserve or restore the values of natural sys-
(2) Watershed management roals shall be de-
veloped by the Ditrict for all watershdr s within
the boundaries of each District and shall be
consistent with the SWIM (Surfae Water
Imporovment and Manaorment) Program and
the EPA National Pollutant Discharge Elimin
tion System (NPDES) Eramr& m. T-rimay

_1 A tf...m, =-..--A M
r.10 a- wfif m --. ., ..-&%ad -o mw I .

stoderdre Watershed mantiamemnt als shall
be included in the District Water Manarement
(l34 Stormwater Management Program Imple-
mentation. As required by Section 403.0891, F.S.,
the Department, Districts and local governments
shall cooperatively implement on a watershed
basis a comprehensive stormwater management
program designed to minimize the adverse effects
of stormwater on land and water resources. All
such programs shall be mutually compatible with
the State Comprehensive Plan (Chapter 187,

Florida Statutes), the Local Government Compre-
hensive Planning and Land Development Regu-
lation Act (Chapter 163, Florida Statutes), the
Surface Water Improvement and Management
Act (Sections 873.451..4595, F.S.), Chapters 373
and 403, P.S., and this chapter. Programs shall
be implemented in a manner that will improve
and restore the quality of waters that do not meet
state water quality standards and maintain the
water quality of those waters which meet or
exceed state water quality standards.


1 904 921 4303 PAGE.012

SEP 30 '93 14:59

e ro^; 0

14 :45 No .009 P 1

-oTEL: 1-904-921-4303 Se p 0 93

October 1, 1998: Draft Changes in Workshop Draft

(a) The Department shall be the lead agency
2 responsible for coordinating the statewide48
stormwater management program by estab.
4 fishing goals, objectives and guidance for the 50
development and implementation of storm-
6 water management programs by the Dis-52
tricts and local governments. The Deart
8 ment shall implement the state's starmwater54
management pboeram in Districts which do
10 not have the economic and technical 5M
resources to implement a comnrehensive
12 stormwater and Aurface water manae'oment58

14:46 No.009 P.13

(d) Water control districts created Dursnant
to Chapter 298. F... and other an cal
distritef. as defined in Section. 189Aq (1.
P.S.. which have water manaiement powerar
shall establish a tonrmwater mnnanament
nroeram within their g orrahical hbunda-
ries consistent with the anpronriate local
Foyvernment satrmwater fnrrmaim and

adonted local Pover i

A... .. .. L 'Lj X A IL.,- u L -II M vf.
nlan and in accordance with th-Kt t aAnd
District stormwater ntlity and naintity

rorai. ((Change above to:
14 (b) The D districts which have implemented a
comprehensive stormwater and surface (d) Any water control district created
16 water management nroram shall be the pursuant to Chapter 20, F.S., or special st
chief administrators of the state stormwater62 and other speal district as dsefna in
18 management program. The D inartment o Section 189.403(1), F.S., which have water
thLDistricta where annro tiate. shall et64 management powers shall:
20 regional stormwater management goals and 0) Be consistent with the applicable
policies on a watershed basis, including
22 watershed stormwator pollutant load reduc-66 local comprehensive plan adopt
tions necessary to preserve or restore benefit. Under Patt g Chaptr 13, F.S., and
24 cial uses of receiving waters. ((Add: "ForO6 state and district stormwa er quality
water bodies which fully attain their and quantity goals, for the onstrvcton
26 delgnatSd use and meet the applicable70 and expansion of the new water control
state water quality standards, the pollutant and related falltle undertel or
28 load reduction goal may be zero.')) Such72 Initated by a water control district
goals and policies shall be implemented (i) Operate existing water control and
30 through District SWIM plans, through74 related f tlfes consistent With appil
preparation of watershed management plans cabla tte and district stomwater
32 in other designated priority watersheds and76 quality and quantity goals. Any modi.
through appropriate regulations. c n or sting water
34 (c) Local governments shall establish storm-.8ontl d related fc hll be
water management programs which are in8on d te ai m b
36 accordance with the state and District cnslstent wit the aplcable l
stormwater quality and quantity goals.80 govammant comprehensive plan and
38 Local governments may establish a storm. State and diftrlct sto"mwatr quality
water utility or other dedicated source of82 and quantitygoals.
40 funding to implement a local stormwater 41 Surface Water Management.
management program which shall include T follow shall apply to t reguaton ur-
42 the development and implementation of a84 The following shall apply to the regulation of sur-
42 the development and implementation of a face water pursuant to Part IV, Chapter 373,
stormwater master plan and provisions, such86 Florida Statutes
44 as an operating permit system, to ensure rio ad oraio o
that stormnwater systems are properly oper- (a) The construction and operation of faidll-
46 ated and maintained. 88 ties which manage or store surface waters,
or other facilities which drain, divert, im-
90 pound, discharge into, or otherwise impact
waters in the state, and the improvements
92 served by such facilities, shall not be harm
ful to water resources or inconsistent with
94 the objectives of the Department or District.


1 904 921 4303 PAGE.013

SEP 30 '93 14:59


(b) In determining the harm to water re-
2 sources and consistency with the objectives 46
of the Department or District, consideration
4 should be given to: 48
1. The impact of the facilities on:
6 a. water quality; 50
b. fish and wildlife; 62
8 c. wetlands, floodplains, eatuarie-,
and other environmentally sensi-54
10 tive lands;
d. reasonable-beneficial uses of56
12 water;
e. recreation; 58
14 f. navigation;
g. saltwater or pollution intrusion,60
16 including any barrier line estab-
lished pursuant to Section 378.033,62
18 F.S.;
h. minimum flows and levels estab-64
20 listed pursuant to Section 373.042,
F.S.; 6
22 i. other factors relating to the pub-8
lic health, safety, and welfare; 68
24 2. Whether the facilities meet applicable 70
design or performance standards;
26 3. Whether adequate provisions exist for 72
the continued satisfactory operation and
28 maintenance of the facilities; and 74
4. The ability of the facilities and re-
30 lated improvements to avoid increased76
damage to off-site property, water re-
32 sources, natural systems or the public78
caused by:
34 a. floodplain development, en-80
croachment or other alteration;
36 b. retardance, acceleration or diver- 82
sion of flowing water;
38 c. reduction of natural water stor-84
age areas;
40 d. facility failure; or 86
e. other actions adversely affecting
42 off-site water flows or levels.
(f4 Minimum Stormwater Treatment Perform-o9
44 ance Standards.


14:47 1No.009 P.14

(a) When a stormwater management system
complies with rules establishing the design
and performance criteria for stormwater
management systems, there shall be a rebut-
table presumption that such systems will
comply with state water quality standards.
The Department and the Districts, pursuant
to Section 378.48641& F.S., shall adopt rules
that specify design and performance criteria
for new stormwater management systems
1. Shall be designed to achieve at least
80 percent reduction of the average
annual load of pollutants that would
cause or contribute to violations of state
water quality standards.
2. Shall be designed to achieve at least
95 percent reduction of the average
annual load of pollutants that would
cause or contribute to violations of state
water quality standards in Outstanding
Florida Waters.
3. The minimum treatment levels speci-
fled in subparagraphs 1. and 2. above
may be replaced by basin specific design
and performance criteria adopted by a
District in order to achieve the pollutant
load reduction goals established in paras
graph (c).
(b) Erosion and sediment control plans de-
tailing appropriate methods to retain sedi-
ment on-site shall be required for land dis-
turbing activities.
(c) The pollutant loading from older storm-
water management systems shall be reduced
as necessary to restore or maintain the bene-
ficial uses of waters. The Districts shall es-
tablish pollutant load reduction goals and
adopt them as part of a SWIM plan, other
watershed management plan, or District-
wide or basin specific rules.

a tW A N6A-i .N.Aibl i Pl.ta. LSa

_l i im,,"-. -.u-,---M men-J .... U.-- -.IL
Jd-~lnlil~Il~i ischaree- from ll wa ,iishds m hll l~lithatl~l i&,e
i'o _itlfe __ r t^ ....; yo



1 904 921 4303 PAGE.014

SEP 30 '93 15:00

-"TEL: 1-904 -921-4303 Sep-4'0 93

October 1, 1993: Draft Changes in Workshop Draft

- --~ a 6k~rrcl'~k~r~ar
Iola J6L A_.
---~~ ~c-- -~~Y1--*-libel --
~IR ~ Ym lib, I


ow %FWO %~


M-M- & -o

'--TEL: 1-904-921-4303

October 1, 1993: Draft Changes in Workshop Draft

(e) ((d)) Watershed specific stormwater 4
2 pollutant load reduction goals shall be
developed for older stormwater management
4 systems on a priority baais as follows:
Q6 t ,l- i ..t.lia_ EPA,,_ fr-

t J" -

12 lt I at z tJI6
031, -4-p.- ,I, .. 1- 00 A 6m_ A

16 1. Interim allutant ad redtion els62

18 having approved SWIM lansa 64
a. For SWIM water bodies with

for development of the pollutant
24 load reduction mW al shall be Pestab-
lished by December St 1994.
26 h. For SWIM water bodies with 72
C914 19 --pws A i r 0 4Aw 1baei &, a, ,5

r plans originally adopted after Janw
28 ary 1 1992. innterim aoll tant load 74

reductionoals and a schedule for
30 development of the Dollutant loadr76
reduction al tA shall be established

32 within three yeara of the plankj76
original adoption date.
34 2. Each Ditict harove d evelS after dv

sneeific pollutant load reduction goals for
36 non- oIM water bdiM s on a ndrioritv
ba0 is according to a schedule provided in
38 nhe District 1ater Manaemellnt Plan
The lost f water bodies and the schedule
40 shal oe developed by each District. ivint
24 load reduction _afti shall- sarth70
lifhed v Decemwber 31 1S04.
26 b. For SWIM wa-A r od with72

orioritv consideration to wated r bodi
28 arv x 192. interim nolnuint leaid74
r-dueti'n itls and a BghdulA fah r
s0 davelpomenft of the nollutant 1eAd76
reduction anal shall be estAblished

42 that receive ree i aras from stohrma ter
ori0 ina] adoption dal&7

management systems that are reanired to
44 obtain a NPDEt municihll l starmwater
pcdifclhar lutnt ad r tn amit far
36 non-SWIM wa r hdi! on a inriritY82
basis flccardijn t fa schedule provided in
38 the Diatrict Water Mana.ement Pln__84
The list of Wtefr hnbdia, and ti ehp x nda
40 shall be davalgned by aseh DMttleA Ving *A
priority ^en ndratan ta wltgr had'S
42 that receive disehA a- from Atnrmwater88

44 obtain a NPDEa mnnieinai _itormwater0
discharge jaermit

((Delete all of 3.)) 3. Each District shall
submit recommendations to implement the
Total Maximum Daily Loads (TMDL)
Process to the Department by January 1,
1998, for water bodies that receive
discharges from stormwater management
systems that are required to obtain a
NPDES municipal stormwater discharge
permit. For water bodies for which this
subsection is applicable and for which
S pollutant load reduction goals will not be
developed before January 1, 1998, each
District shall coordinate with the local
governments responsible to obtain NPDES
permits to implement the process of TMDL
development described in the EPA publi-
cation, iiidance for Water Qualitv.based
Decisions: The TMDL Process, (EPA 440/4-
91-001, April 1991), which is hereby adopted
by reference.
These osals shall be considered in local omnre.
hensive nlana submitted or undated in accar.
dance with Section 4O3.0891(3S(a) P.
Specific Authority: 373.026, 378.048, JffUSA1t1)
408.061,403.087, F.8.
Law Implemented: 163.8161-163.3248, 186, 187,
((jA1.453)878.016, 878.048, 878.114, Part IV, 878,
408.061, 408.0891, F.8.
History: Now 2-20-91. Previously numbered as 17-
40.420, Amended.

17.40.450 Flood Pomtetin
(1) Flood protection shall he implemented within
the context of other interrelated water manage-
ment resnonsibilities. Florida will continue to he
dnenndent on some structural water control
facilities constructed in the nast. and new
structural facilities may sometimes he unavoid-
able in addressing edistinn and future floodinr or
other water-related nrohlems. The Defartment
and the Districts hall nromot nnnstruetural
flood nrotaetion (Delee atmaindew of
Sgntendf.)khroui h avoidance or reversal of
incompatible uses in floodnlains and fload nrone

(a) Flood Proteon Rlaponsibilitiea


1 904 921 4303 PAGE.015

SEP 30 '93 15:01

e opf%3 9 3

14 :48 No 09 P 1


October 1, 1993: Draft Changes in Workshop Draft
























1. Local governments have the primary
repOansibility for rermlating land use.48
enforcing construt.ion criteria for flood
nrans areas. stablishtine local fl od ar-.50
tection levels of service ((Chang "'ood
protection levels of sfvlce" to:52
"drainage olvels of wsetvlce"). ~ ntt
ing and maintaininge loeal flood cntro14
facilities. and otherwiAse preventing
flood damages to new ((Add "and exist.56
Ing")) davelooment.
2. District flood nrotection resonoshib1i.8
ties relate primarily to serving regonal
water conveyance and storage needs.60
Districts have the authority to plann.
construct. and operate water control62
facilities as well as regulate discharges
into works of the Diatrict or faeilitie 64
controlled by the District .((Dele the
next sentencei.) trt hall not66
necessarily be oblirgted to nrovide local
flood protection bevand the design68
canacity of existing facilities.
3. Permits under Part IV of Chantar70
373. P.S.. shall be iss.md only if appro.
private precautions are taken to protect72
nublie health and safety in the event of
failure of anv water control structure. 74
including, but not limited to. numps and
lveyxe((Change to: Rules adopted76
under Part IV of Chapter 373, F.S. shll78
require that appropriate precautions be
taken to protect public health and safety80
In the event of failure of any water
control structures, such pumps and
4. LDaartment and District program
shall discour e incompatible oitini of
public facilities in floodnlains and flod-8
anrne areas wherever possible. Where
no feasible alternative exists to siting a88
public facilit in a floodnlain or flood
nrone area. the facility shall be designed 0 A
to minitlmize flood damage risks and
adverse immcets on natural flood deten.92
tion and oMnveance tanabhilitles.


1 904 921 4303 PAGE.016

SEP 30 '93 15:02

S. Each District shall clearly define.
either in its District Water Mnay rment
Plan_ in basin specific plan. or rule.
the Distct' rea nnsibiliti. related it
flood emergencies inlun itf Its mechn.
nisma for coordinating with emer ency
resnona areniess.
(b) District Facilities
1. District water control facilities shall
he noerated and maintained in necor-
dance with established nlans or ached-

2. Districts shall tnasea the design char.
acteriatics and onerational nraO rtices of
xmistin s Distriet water control faeilitp i.
to ascertann opportunities for min'imi
in adverse imnactS on water resources
and the ecology of the Mor( Change

aslr" to "water resources and assoc
ated ecosystels"). Whe feasible
facility deusi'n modifcations or
operational changes shall be imple.
mentd to enhance natural srstAem or
fulfill other water management reason.
(($pSof Auuwfty: 37t0f(1, 5M 3, *7t171, S71418,
40.01($ ) F~S.

3), 37e D1 37n.tnt nd th37 Disti.(), S7all
opW ), *71.413 S74,416i srs.414 rs, sne4 S t, me.
m77Jn571(1), d4asi 4) lan M (f sP a4 F Ch. a* a
IS Fi h. Laws e161rte5 CI. A i .4 1M P Lan e
i n 0 e so n e ret Maf kS. S714ta a_. 1So x a4" ,
1 PFe.L aw 185s,1 3 (nmng P.S 9t a SL 414(101)

714M0E8 Floodlain Pye ion
1) The Denasrtment and the Distriets shall
provide leadershin to nrotact and enhance the
beneflial vales of flodnlains. This shall include
active coordination with local pvernments.
omacial districts. and related programs of federal
oazncim the D.Dnatmant of nomm niit Afair,
ind the Dpanrtment of Health and Rahabilitative
(a) The Donartment and the Distriets shall
pursue development of adequate floodnlain
protection information; incldiinr:

e P,-a 9 3

14:48 No.009 P.16


- EL:1-904-921-4303 Ser"'0 93

October 1, 1998: Draft Changes In Workshop Draft

1. District determination of flood eleva-
2 tions for prirty floodlains. At a mini-46
mum. this shall include the 100-vear
4 retunrn)teteO tUroflood hiveL.48
with other flood levels to e determined
6 where needed for watershed-s.eftfic50
management nurosea. Districe are
8 encour~med to determine 10.year flood 52
1xAti-,ns -((Change elevationss" to
10 "levOel)for the purpose of assistin tfhe54
Department of Health and Rahabilita.
12 tiv Services to regulate septie tank in56
flaodpglains nursunt to Sectin 1iD.
14 6.0471. F C. 58
2. Identification. of eeoalaicgllv intact
16 floodolains for potential acunii-
inn((Change 2. to read: "Identlficaton
18 of floodplains with valuable natural
systems for potential acquisition.) 6
20 3. Identification of flgodnlain areasg4
having potential for restoration of
22 natural flow reimes. 66
(b) The Denartment and the Districts shall
24 develop jintly a comnrehensive system of
coordinated planning management. and68
26 acquisition to protect and. where faasible
enhance the hydrologie and eAlonical integ-70
28 ritv of floodnlainn((ChaCong "enhance the
hydrologic and ecological Integrity of ffood.72
so plains" to "enhance foodplain functions and
associated ecosystems In floodplalnsr174
32 This system shall include implementation of
policies and nror amn to: 76
34 1. Acuire and maintain ecologiealv.
intaet floodl]in a-rea.((Change 1. to78
36 read: "Acquire and maintain valuable
natural systems In ffoodplain".)) 80
38 2 Protect the natural water staorae and
water conveyance canabilitis of flood.-82
40 plainft
3. Where feasible enhance or restore84
42 natural flow rerimes of rivers and
watercourses that have been altered for 86
44 flood control purosesl.



14:49 No.009 P.17

(c) DistriCt replatorv pro ram. shall mini.
mize, incomnnatible activities in floodnlaina.
For those floodnlains related byhv a District.
sueh programs shall. at a minimum. realirn
permit annlicants pronosing construction in
floodnlains to pravidae reasnalea aasuranen
that such activity meets the following
rtaria((Change all of (e) to rad: "In tagu.
lasting activities In foodplalns, each district,
at a minimum, shll ensure that such
activities "
1. Surfana and round water levels and
surface water flows will not be ad-
vraly.A fet&d.((Chnge to: "Wi not
advWely affet surface and ground
water levels and surface water flows.'))
2. The activity will not result in aignifi-
cant adverse impacts to e istine surface
water storage and conveyanea capabili-
ties of the flofadlain ((Chang to: "WMI
not result In adverse Impacts to existing
surface wat stoge and conveywn
capabilities of the floodplain."
3. The Mactivit will not result in adverse
impacts to the operation of District
facilitiias IChange to: "Will not meult In
advwe Impacts to the operation of
District fadclllfe"))
4. Any surface water management
facilities associated with the p arosed
activity will ha eaable of being effee-
tively operated and main-
A;intad((Cf nge to: "WIII asur that
any surface water management
% The activity will not eause violations
of water quality standards in receiving
water.((Change to: "WIl not oause
8. The activity will not result in signift.
cant adversM impacts to
wetlands((Chnge to: "WI# not ult In
adverse Impacts to witlands."))
7. The proposed a~~vity will not anuae
adverse environmental imnacts to adia.
Lnt iLdad ((Change to: "Wil not cause
significant adverse impacts to adjacent


1 904 921 4303 PAGE.017

SEP 30 '93 15:02



StP I 19S

,o TEL:1-904-921-4303

October 1, 1993: Draft Changes in Workshop Draft

Associaiati v win not gth wi b
2 nof rmful to water resources or natural
values of the floodlain. ((Change to
4 "WII not otherwise be harmful to thi
"natural systems In the floodplain".))
6 L((Chalnge () to (2fEach District shat
provide to local gyovpermnts and water
8 control districts available information
reatrding flo6dolain delineation and flood
10 nlain ecological considerations. ((Chalntp
"floodcplain ecological considerations" to
12 "'loodplain functions and sssoclated ec
Systems".)) and assist in developing effective
14 meIsure to manare floodplains consistntly
with this Chanter.
16 ((SpIef Authorty: 373.06(10), 373.043., 73171, 7rr41
403.01(33), F.S.
18 Law knipnend: 187.01(10),$ 3.o013, 373.016, 37.02
373.0K6, 373.039, 371M42, 373.086(1), 373.175, 37322(3)
20 373.413, 373.419, 373.418, 373.423, 373.429, 373451, 377.371(1)
403.061(34), 403.0615(3), U2.05, F.. Ch. WS13, a. 2, 19M a
22 La 162, 166 (to be died tFl. Stat s. 373.4135), Ch. 93
213, 830, 1993 Fla. Laws 152, 1663 (wmndng FI. Stat a
24 373A14(1991)
Hiflofy:H I w_)
17.40A470 Natural systems Protection and
28 Management
(1) The goalt for natural systems protection and
30 management shall be.
(a) To avoid or minimize individual and
32 cumulative adverse impacts to natural
34 (b) Prevent further degradation of and. tc
the extent feasible, improve the water
36 Duality which supports natural avstems:
(ce Avoid or minimize adverse effects on the
38 conservation offish and wildlife, including
andangaed or threatened pmtcies or their
40 habitats and
(d_ Promote the restoration and nhance.
42 ment of eistingA or historic natural systems.


C.-' -S TO:
S-s d' -

S ((Chang e ll of (1) to read: "The Department
144 and Districts shall protect and manage
: uatlc and wetlanddepndent natural
P46 resources, Including fish and wildlife habitat
Programs, plans, and rules to accomplish
148 thesm goals include the establishment of
S minimum flows and levels (Sectlon 17.
160 40,473) and protection areas for surface
waters (Seon 17.40.475.)'))
62 (Specific Auhority: 373.06(10), 373.043, 403.061(33), F.S
Law Implwmntd: o70S013 373.01(2), 373.026, 37n3.036(2)
54 373.0391. n0, 373175, 373=3(3), 373.41, 373.451,
S 377.371(1), 403.01(34), 403.015(3), CA. 93-2143 u 1993
56 Fla. Lawi 1652, 1I54 h. S3t213, s., 1993 FI. Laws
1652, 163 (to be codWied a St F. Stt s.373.4135), CA.
,58 21t3, 4 1993 Fi. Laws 1852 1668S(samndlng FR SSt a.
,60 ltsfoy:lew ))

62 17-40.40~2A Minimum Flows and Levels.
S (1) In establishing minimum flows and levels pur-
*64 suant to Section 873.042, consideration shall be
given to the protection of water resources,
66 natural seasonal fluctuations in water flows or
levels, and environmental values associated with
168 coastal, estuarine, aquatic, and wetlands ecology,
170 (a) Recreation in and on the water;
(b) Fish and wildlife habitats and the pas-
172 sage of fish;
L (c) Estuarine resources;
74 (d) Transfer of detrital material;
S (e) Maintenance of freshwater storage and
76 supply;
() Aesthetic and scenic attributes;
178 (g) Filtration and absorption of nutrients
and other pollutants;
80 (h) Sediment loads;
(i) Water quality; and
82 (j) Navigation.
(2) Established minimum flows and levels shall
84 be e. t ,ideration aproteted where relevant to:
(a) The construction and operation of water
86 resource projects;
(b) The issuance of permits pursuant to Part II,
88 Part IV, and Section 373.086, Florida Statutes;


1 904 921 4303 PAGE.O01

S^. 30 93

14 : 54 I'D ir"` iD

'::EP 30 193 15:08

STEL:1-904-921-4303 3 30 93

October 1, 1993: Draft Changes in Workshop Draft

(c) The declaration of a water shortage pur-48
2 suant to Section 373.175 or Section 373.246,
Florida Statutes. 0
Specific Authority: 373.026, 373.043062
6 ((40061(33))4 .805, F.S. 2
Law Implemented: 873.016, 373.042, 373.086, 373.175,
8 878.246, F.S.((S.223 413)) 54
History: New 5-5-81. Previously numbered as 17-
10 40.08. Amended 12-5-88. Previously numbered 17-56
40.080. Previously numbered as 17-40.405. Amended.
17-40.475 Protection Areas for Surface Waters
14 (1) As nart of SWIM Plans or basin-specific man-60
apement plans. the districts are encouraPed to ea.
16 tablish prtecti-on areas adijining surface water62
bodies and wetlands as annronriate to enhance or
18 reserve the ecological nualitv and integrity oft
the water- resource. Such nrotoction areas should
20 be sufficiently wide to prevent harm to water
oualitv. water auantitv. hydrology, wetlands. andm
22 aquatic or wetland dependent wildlife froa
activities managed sI part of a SWIM Plan68
24 basin-pecifie management, plan. or District
26 ((Change all of (1) to Include a new (1), (2) and (3)
nd red:7
28 (1) The districts shall consider adopting rules to74
establish protection areas adjoining surface
30 water bodies and wetlands as appropriate to76
enhance or preserve their associated eco-
32 systems, while recognizing the rights of property78
34 (2) Protection areas shall be established only I80
the surface water Is designated as either:
36 (1) an Outstanding Florida Water, 82
(II) an Aquatic Preserve,
38 (III) an Area of Critical State Concern, or
(Iv) an area subject to Chapter 380 Resources6
40 Management Plans adopted by rule by the
Administration Commission, when the plans88
42 for an area Include waters that are particue
lariy Identfed as needing additional protect.
44 tlon, which provisions are not Inconsistenty
with appllcable rules adopted for the man.
46 agement of such arees by the Department9
and the Governor and Cabinet

14:55 No .010 PI F

(3) Any protection area should be sufficiently
wide to prevent harm to the water resource and
assoolated eoosystems, but shall not extend a
distance greater than 550 faet landward of the
waterard etaent of the wetlands abutting the
surface water))
2)((4)) Paetors on which the width of the
protection areas shall be based include
(a) The hiolorical airnificance of the wet~
land and unlands ((Change "wotfands and
uplands" to "asociated ecosystems"))
adjacent to the designated water body in.
cludinp the nesting. reproductive, and
shelter needs of aquatic aseeis and wetland-
dependent wildlife species.
(b) The sensitivity of these apecies to diatur.
bance. including the short-term and long-
term adaptability to disturbance of both resi-
dent and migratorv species.
()e The auaeeptibility af the protetiaon areas
tn erosin. including characteristics of the
slopa. oils. runoff. and vegetation.
Specific Authority: 373.026. 373.043. 1((37341
Law ImnlmeantPd: Part IV. 373. F.S.((P;Iet "Put
IV 37, a rdd : 187.201(f), 873014 3713413, =73,418,
403.061(3), F.g., Ca. 93-13, .2 FIL 93 Ia Law 1W,
1661, (amendlng Ra Stat &. 373114(1) (1991), C01. 913,A
isM, 199 F. Laws 1852, 170 (adding ubsecton (35) to
FF. Sat a. =40 1(1992 M pp.))
History: New


I7-40JS10 Fldnr Water Plan.
(1) Thp DeaMrtment shall formulate an int.-
grated. coordinated Florida Water Plan for the
management of Florida's water re urcee. 'he
6ope of the plan shall include the StatU Water
Use Plan and all other water-related activities of
the Department and Ditricts. It shall give du
consideration ta the fanthrs in eUtion
373.03S6(2)(a) P.9. and shall emnhasizA:
f(a Consistent at&t, palieiaa for thi plIotae
tion and management aof the environment.
(h) Water conservation.
E) Palluttan prevention.


1 904 921 4303 PAGE.002

SEP 30 193 15:09

T 30 93 14:56 No.010 P.0.

October 1, 1993: Draft Changes in Workshop Draft

(d) The rese ofreclaimed water 60 (4) At a minimum, the Florida Water Plan shall
2 () Proteetion of the functions of entire eco- be undated every five years after the initial lani
logical vsystms through enhanced coordina.52 development Annual status reports on the Plan
4 tion of nublte land acanaigtion. regulators, shall also be prepared by the Department.
and planning nrorams. 54
6 (f) Interagenvc coordination and cooperation. Spncifi Authnrity- 878.026. 73.04S F..,
(2) The Florida Water Plan shall be developed in56 Law Imnlammntad: Part IV. 78. PaS.CFti Prt IYV,
8 coordination with DiPtrict Water ManaemeSnt n"to: SMO s.M))
Plans and include, at a minimum: 8 i Hatm=r Naw
10 (a) Department overview, including a discus-
fion ofthe intarrelationshinp of Department60 17-40.10ifl District Water Management
12 and District programs: Plans
fb) Water management goals and response.62 (1) As required by Section 373.036(4), F.S., a Ilon
14 biliti, including the following areas of re. range comnrehensive water management plan
5sonsibilitias' 64 shall be prepared by each District which is
16 (i) water sunlv nrotection and man- consistent with the provisions of this Chapter
cement. 66 and Section 373.036, Florida Statutes. District
8 Water Management Plans are cmmnrehensive
18 (i) flood prottion and management 68 guides to the Districts in crrinM out all their
(iii) water quality protection and man- water resource manaaemennt resnornibilitis
20 aement and 70 including water suoply. flood protection. water

(iv) natural systems protection and
22 management: 72
(c) Statewide water management implement
24 station strategies for each area of reosonsibil 74

26 (d) Itergovernmentl coordination. inelud76
ine the Denartment's processes for general
28 supervision of the water management di.78

30 (e) Procedures for olan development. includ-80
ing public participation:
32 (fl Methods for assessin nroarram effective-
n fas;((Add "ad the Department's progres84
34 toward Implementation of the Plan"))
(g) Linkages to Denartment ruillmaklin.86
36 budefting. program developmenL and legis-
lative nronosals: 88
38 (h) Stratgies to identify the amount and
:ureas of' supnlpmental funding to imnle.90
40 ment the nroerama identified in Chapter
373. District Water Managment Plans. this92
42 Chanter. and any delegated proraam
(i) Chanter 17-40. P.A.C.. State Water Policyv94
44 (i) Annronriat sections of the District Water9
Management Plans.
46 (3) The Florida Water Plan shall be developed ear-
peditiously and may be chased. It shall be com-
48 plated bvJulv 19.((Change "July 1, 9oss" to
"March 1, 1996W))

quality management, and protection of natural
vastems. The plans shall provide aneral dirie.
tidna and strategies for District activities. pro-
_rams and AuleL They will be implemented bty a
chAdule of sneeific actions of thA Distriet. uieh
as arortram dtevelopment. water re-oroe praiets:.
land eauisit;ion, funding, technical assistance
facility orIations, and rule development.
i2LThe District plan shall include an assessment
of water needs and sources for the next 20 years.
The District plan shall identify specific geo-
graphical areas that have water resource prob-
lems which have become critical or are antici-
pated to become critical within the next 20 years.
to be called water resource caution area
Identification of -Atial TV... PP. .. .. P, ld-
ares water resource caution areas needed for
imposition of reuse requirements pursuant to
Rule 17-40.460I6)& F.A.C., may be ac-
complished before publication of the complete
district Plan.
) .1} Based on economic, environmental, and
technical fesibii.. ty analyses, a course of reme-
dial or preventive action shall be specified for
each current and anticipated future eitiea


1 904 921 4303 PAGE.003

T EL :1 -19 C. 4 92 1- 43 0'1

SEP 30 93 15: 10

( L4 Remedial or preventive measures may in-50
2 clude, but are not limited to, water resource pro.
jects; water resources restoration projects pursu-52
4 ant to Section 403.0615, Florida Statutes; pur-
chase of lands; conservation of water; reuse of re-54
6 claimed water; enforcement of Department or
District rules; and actions taken by local govern- 5
8 ment pursuant to-a local Ggovernment 4Gom-
prehensive plan, local ordinance, or zoning58
10 regulation,
4) fil District Plans shall also provide for identi-60
12 fying areas where collection of data, water re-
source investigations, water resource projects, or62
14 the implementation of regulatory programs are
necessary to prevent water resource problems64
16 from becoming critical.
(6)Dy B emi 3 3n; 1, 1000, eaJh Di=-6pt sPall pr 66
18 p e a U ;k1.en .f stuludy, fO V th,, ,e r ,,a-,a
ef um Distri- Plan. 68
20 (6) District plans shall address. at a minimum.
the following subjects: 70
22 (a) District overview:
(b) Water management soals: 72
24 (c) Water management responsibilities, in.
ehdin: 74
26 (i) Water sunply nratection and man-
rement, to include needs and sources.76
28 (((Delete the next phrase "Identifcation
and mapping or recharge aras, high7
30 recharge areas, and prime recharge_
lareas)identifieation and mapping of
32 recharge areas. high recharge areas.8
and prime reeharge areas. source nra-
34 tetion((Add, from (tv) below: "levels of8
certainty for supply; and a schedule for
36 recharge mapping nd recharge area86
designation. The recharge schdule
38 shall Include the current status of68
recharge mapping and recharge area
40 designation In the District, a process foro
expanding and Improving the current
42 status, and a schedule for completion o92
recharge mappng In the District.')
44 (ii) Flood protection and Ifloodplain
management. This shall include theO
46 District's strategies and priorities for
managing facilities and floodnlains. andre
48 a schedule for District manning of flood-

14:56 No.010 P.14

(iii) Water quality protection and man-
aement for both surface water nd
round water. This shall include the
District's strataiea-, riorities. and
schedules to develop pollutant load re-
dugtion noals and
(iv) Natural systems protection and
malnaAement including_ a schedule for
eastblaihinr minimum flows and levels
non~idering ground water availability
and surfaeo water availability. The
schedule ashal include the current
status of determinin minimum flows
and levels in the District and a schedule
for eatablishing minimum flows and
levels for a rioritv selection of surface
waters and Mraund waters in the
Ditric((Addd "and a schedule for
Wetablshing protection area for
surface waters In the DItrictr))
(d) For each water management resaonsi-
bilitv. the following shall hbe included:
(i) Remurce assessments, including
identififtion of re. ionally sieniicant
water resource issues and nrohlams
determinations of the need for ground
water basin resource availability inven,
tnoris in various nMrtions of the Daritt
((Delete the omalnder of thls sWnten
and plcetN Abovro (6Xc)O) ) nd))
schedule for recharge manning and
rechare area designation. The rechare
schedule ashll include the current
stattu of recharge mapin a and
reehafre area designation in the
District. a proesas for azpandlng and
imnroving the gcrrent statue, and a.
schedule for completion of recharge
mgnnin- in the L iatyieL
(ii) Evaluaiaon f ontifinA
(iii) Water management policies for
identified asinsu and nrohblems
(iv) Implementation strategies for each
ilat and problem, including~ tasks.
schedules. responsible ntitie. and
measurable benchmarks.
(e) IntarOatd planI descrihinr how the
water problems ofn eah eauntv in the District
are identified and addBM4AaL


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--- ---- --- --- ------ ----- --~I ~- -~ -- --

E P "330 93 15 : 1

"4 TEL : 1 -9t-,. 1 921 3 -4,30

14:57 No.010 P:.05

October 1, 1993: Draft Changes in Workshop Draft

(fi Intergovernmental coordinatioin include,
2 ine measures to implement the plan through
coordination with the nians and programs o
4 local. regional. state and federal sagencies
and governments.
6 (6) Procedures for plan development, include.
ing definitions and public nartiipnation.
8 (7) District Plans shall be developed expeditiously
and may be phased. All District Plans shall be
10 competed accented by the Governing Board no
later than November 1, 1994. A District Water
12 Management Plan is intended ta be a planning
document and is not self-executinr.
14 (*9fa At a minimum, district Plans shall be up.
dated and nrn grte assessed every five years
16 after the initial plan development. Each District
shall include in the Plan a procedure for evalu.
18 ition of the District's rnrgeasg towards imnl.
menting the Plan. Such procedure shall occur at
20 least annually and a copy of the evaluation shall
be provided to the Denartment each yar by
22 November 15 for review and comment.
(9) Plan devaloament shall include adequate on.
24 nortunitv for narticination by the public and gov.
ernmt nta. The DiAtricta shall initiate nublia
26 workshop at least four months before Plan
acceptance by the Governing Board. At the
28 workahons, a preliminary list of schedules to be
included in the Plan shall he presented&
Specific Authority: 873.026, 378.048, ((40.061(33)))F.8,
32 Law Implemented: 189.4156, 873.036(4),
373,0391(2Xe), (($73.16037) 3.171))403.064, F.S.
34 History: New 6-5-81. Previously numbered as 17'
40.09. Amended 12-5-88. Previously numbered a 17-
36 40.090, Amended 8-14-90, 12-17-91. PErviawulb
numbed as 17-40O.0L Amanded.
17.40~. n rDeartment RTview of initrilt
40 Watr ~Mnat dment Plans
(1) After acceptance by the Governin Board of a
42 District. District t ((Add "Wtr Alfnagmenwt'
Plans shall be submitted to the DepartmenL
44 (2) Within sixty days after recent of a Plan fo
review. the Denartment shall review each Plan
46 for consistency with this Chaiter and recommend
any changes to the Governing Board

48 (3) After consideration of the comments and ree.
L mimendationsl of the Denartment. the governing
50o Board shall within sixty daay. either incornorat
I the recommended changes into the Plan or state
52 in the Plan. with snecificity thp reasons for not
Sincornoratine the chan es.
54 (4) Plan amendments shall follow the same
Process as for initial Plan acceptance.
a weitf Authority: 878.02 ( (10) )).373.043
;68 ((40s0ta s)))
L: Law Inment.e: ((3Sr.0 o7))2731.0o8( ((Sn3114)).EAL
60 Hiatort New

'62 17-40d 4 Water Data
(1) All Igloal governments. water management
'64 -itrictl. upd state agencies are directed by
section S 30(2). F... to coonerata with the
i66 Dfeartmr it in making available to the Depart.
meant sue scientific or factual data as thve may
'68 noisesL. h Denartment shall prescribe the
format a d ensure the quality control for all
"70 water am ity data collected or submitted.
(2) The J7 artment is the state's lead water
'72 anality monitoring eanev and central repository
for surface water and rrPund water information.
k74 The Denartment shall coordinate Department
District. sate agency. and local o government
76 water quality monitorin activities t improve
data and reduce eastst
78 (3) The U. S. Environmental Protection. Aency
S water iuality data base (STORET) shall be the
80 central p rnository of the stat'ss water quality
S data. All appropriate water aoality data collected
82 by the Denartment. District. local governments.
and state a aencies shall be placed in the STORET
84 system within am year of election.
(4) The Dflnartment's biennial State Water Qual-
'86 ity Assessment (the "05(Oh) Resort") shall ha the
state's general pmide to water eanaity assessment
L88 and should be used as the basis for assessment
) nless more ree.nt more accurate. or more de-
90 tailed information is available.
(5) Annronriate monitoring of water aualitv and
192 water withdrawal shall be required ofnermittees.
(1 f) The Diatricta shall imnlement a stratae for
94 meas T rin. estimatiff. and r nortinr withdrawal
and use of water by pnarmtted and texmpted
96 ueri. a hrsaahalds for m measremant reauramenta
and renorttin annliable to normittees shall be
98 etabhlished and adnited by ruhl.


1 904 921 4303 PAGE.005


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SEP 30 '93 15:11

14:58 No.010 P.06

October 1, 1993: Draft Changes in Workshop Draft

(7) The Deonartment and the Districts shall46
coordinate in the development and imnlemjnta-:

tion of a standLized comuterirted statewide
4 data base and methodoloev to track activities
authnrited by environmental resource permits in
6 wetlands and waters of the state. The data base
will bae detained to mnrovide for the rapid exchange
8 of information between the Department and the
Districts. The Daartment will serve as the
10 central repnaitory for environmental resource
ernmit data and shall snecifv the data base
12 organization and elctronc format in which the
data are to be provided by the Districts.
Specific Authority: 3738026. 379.043. (401f~} o1 )F.9E.
16 Law Implementd: 878.026(2). F.S.
Historv: New

(f) A District shall initiate rulemaking r r
ram review to consider implementation of pro-
grams pursuant to Sections 373.033, 373.042,
378.106, 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 intru-
sion, 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 directives.
(7X) The Department and Districts shall assist
other governmental entities in the development
of plans, ordinances, or other programs to pro-
mote consistency with this Chapter and District
water management plans.
(6 DrpI..imcat_.6pill ... a q12a ... .40 .d ..a 4l ..... per
m iIII Ip~e pau vak~ liau~~a~u~qu T"&iq &WOW so

Lo "o -
op owr-w&awa^fafqwopw AWOIWWA sets.
CM -0 pi A
046Ad ~&%PWffOw4w
68 & *A I'a -9 A m *a 1616 it 010,40A Rm---AL -'r
as& wp4pqw %M

17-40.60411 Review and Application. ......l ....
24 (1) This Chapter shall be reviewed periodically,70 w~lic-e- fl--d
but in no case less frequently than once every ....an ...nt na .
26 four years. Revisions, if any, shall be adopted by 72
rule. Specific Authority: 378
28 (2) Within 12 months after adoption or revision of74 Law Implemented: 879
this Chapter, the Districts shall have revised 378.114, F.S.
30 their rules and reviewed their programs to be76 History: New 5--81.
consistent with the provisions contained herein. 40.10. Amended 12-6
32 (3) District rules adopted after this Chapter takes78 ~4.801. Amended.2
effect shall be reviewed by the Department for
34 consistency with this Chapter.
(4)..At the request of the Department, each
36 District shall initiate rulemaking pursuant to
Chapter 120, Florida Statutes, to consider
38 changes the Department determines to be neces-
sary to assure consistency with this Chapter.
40 The Department shall be made a party to the
42 (6) District water policies may be adopted which
are consistent with this Chapter, but which take
44 into account differing regional water resource
characteristics and needs.

la To rrwb....... paS......
p W IeaNt and lfto a ve waM

.026, s37.0S43,ff4O 6N~ J F.S.
.016, 873.088, 873.042, 378.106,

Previously numbered as 17-
-88. Previously numbered 17-
17-91. Prviousalv numbard as


1 904 921 4303 PAGE.006


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