STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
TWIN TOWERS OFFICE BUILDING GOVERNOR
2600 BLAIR STONE ROAD VICTORIA J TSCMINKBL
TALLAHASSEE. FLORIDA 32301 VICTORIA J. TCIN
William C. Tatum
Executive Director I -of
Southwest Florida Water
5060 U.S. 41 South
Brooksville, Florida 33512
I have attached a copy of the Department's Notice of Public
Hearing regarding the proposed adoption of two amendments to
Chapter 17-40, Florida Administrative Code, State Water Policy as
will appear in the Florida Administrative Weekly on Friday,
October 23, 1981.
If you have any comments, please send them to me.
/John R. Wehle
/ Special Assistant
cc: Terry Cole
Protecting Florida and Your Quality of Life
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Correspondence Action and Routing
Original To Central File
ACTION L-O- COORDINATE with L
INFORMATION COPIES TO:
Executive Director ,
Asst. to Exec. Dir. 4
Attorney, Gp. Admin.
Attorney, Rag9. .
Dept. Dir. Res. Reg.
Dept. Dir. Res. Msat.
Dir. Admin. Services
Manager Tech. Support- ____
Manager Plan. & Prog. Develop.
Supv. Boards S
L.M. Blain ,
Chairman, &ov. 3 5
Vice Chairman, Gov. Bd.
13 N AO33
- -------------- -~-. ...
October 15, 1981
Mrs. Liz Cloud
Florida Administrative Weekly
Capitol Building, Suite 1802
Capitol Building, Suite 1802
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Please publish the attached Notice of Public Hearing
regarding the proposed adoption of the general section of a State
Water Policy, Chapter 17-40, Florida Administrative Code, in the
Florida Administrative Weekly, to be issued Friday, October 23,
Thank you for your assistance.
Geneva M. Hartsfield
cc: Mr. Burke Jolly
DEPARTMENT OF ENVIRONMENTAL REGULATION RULE NO: 17-40
DOCKET NO: 81-4R
RULE TITLE: Water Policy
The Department announces the continuation of a hearing
previously held on March 27, 1981, and continued on June 8, 1981,
before the Secretary of the Department, for the purpose of adopting
two subsections of Section 17-40.04 dealing with rights to use of
water. All interested persons are invited.
PURPOSE AND EFFECT: The proposed rule would add two subsections
to Section 17-40.04, Florida Administrative Code, entitled Water
Use. The rule provides guidelines dealing with rights to use of
water and off-site harm arising from consumptive use permits.
SUMMARY: The proposed rule provides for recognition by the Department
and Water Management Districts of rights of property owners to make
consumptive uses of water from their land and the rights of other
users to make consumptive uses of water, as both limited by law, in
implementing consumptive use permitting programs. The proposed rule
also provides that nothing in Chapter 17-40 shall be deemed to
authorize a permitted to make consumptive uses of water which cause
significant adverse impacts on off-site land uses or legal uses of
water, or to abridge the right of affected persons to seek redress
or mitigation for such impacts. The subject matter of these sub-
sections was discussed at a hearing previously held on March 27,
1981, and continued on June 8, 1981, before the Secretary of the
Department of Environmental Regulation for the purpose of adopting
the general section of the State water policy and discussion of
rights to use of water.
RULE MAKING AUTHORITY: 373.026, 373.043, 403.805, F.S.
LAW IMPLEMENTED: 373.036, Part II; 373, F.S.
SUMMARY OF ESTIMATE OF ECONOMIC IMPACT: The contents of this rule,
along with the rest of Chapter 17-40 already adopted, are to be used
as a policy guide for future water-related State and Water Management
District Plans. Many of these policy directives are taken from
existing law and do not constitute incremental changes in and of
themselves. The proposed subsections are not expected to have any
effect on competition or employment in the State of Florida, and will
have insignificant economic impacts beyond those described in the
adoption of the rest of Chapter 17-40, Florida Administrative Code.
TIME: 10:00 A.M.
DATE: November 17, 1981
PLACE: Department of Environmental Regulation, 4th Floor Conference
Rooms B and D, Twin Towers Office Building, 2600 Blair Stone Road,
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE AND ECONOMIC
IMPACT STATEMENT IS: Terry Cole, Assistant Secretary, Department of
Environmental Regulation, Twin Towers Office Building, 2600 Blair
Stone Road, Tallahassee, Florida 32301.
THE FULL TEXT OF THE PROPOSED RULE IS AS FOLLOWS:
17-40.04 Water Use
(5) In implementing consumptive use permitting programs, the
department and the districts shall recognize the rights of property
owners to make consumptive uses of water from their land and the
rights of other users to make consumptive uses of water, as both
limited by law, for reasonable beneficial uses in a manner consistent
with the public interest that will not interfere with any presently
existing legal use of water.
(6) Nothing in this Chapter shall be deemed to authorize a
permitted to make consumptive uses of water which cause significant
adverse impact on off-site land uses or legal uses of water, or
abridge the right of affected persons to seek redress or mitigation
of such significant adverse impacts, in an appropriate forum.
Specific Authority: 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, Part II, 373, F.S.