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,
1981.

Thank you for your assistance.

Sincerely,




Geneva M. Hartsfield
Administrative Assistant
Environmental Regulation
Commission

GMH/dg

Attachment

cc: Mr. Burke Jolly














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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 Environim ja I-,ion for the purpose of adopting

the general section of th StatfI 4er policy and discussion of

rights to use of water.
Q-an --


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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,

Tallahassee, Florida.

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




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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: 37.3.026, 373.043, 403.805, F.S.

Law Implemented: 373.036, Part II, 373, F.S.

History: New.


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