n Filed 4/15/81
RULES OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION
17-40.01 Declaration and Intent
(1) The waters of the state are among its basic resources.
Such waters should be managed to conserve and protect
natural resources and scenic beauty and to realize the
full beneficial use of the resource. Recognizing the
importance of water to the state, the Legislature passed
the Water Resources Act, Chapter 373, Florida Statutes.
(2) Chapter 373, Florida Statutes, provides that the State Wa-
ter Use Plan and the Florida Water Plan will be developed
progressively as studies are completed and as Department
or District rules and programs are developed.
(3) As a part of the State Water Use Plan, the Department may
provide such information, directions, or objectives for
the guidance of the Districts as it deems necessary.
(4) To this end, this Chapter is intended to clarify water pol-
icy as expressed in Chapter 373, Florida Statutes, and to
otherwise provide guidance to the Department and Districts
in the development of programs, rules, and plans.
(5) This Chapter does not repeal, amend or otherwise alter any
rule now existing or later adopted by the Department or
District. However, procedures are included in this Chap-
ter which provide for the review and modification of Depart-
ment and District rules to assure consistency with the pro-
visions of this Chapter.
(6) This Chapter shall be a part of the State water Use Plan
and the Florida Water Plan.
(7) It is the intent of the Department, in cooperation with
the Water Management Districts, to seek adequate sources
of funding to supplement District ad valorem taxes to im-
plement the provisions of this Chapter.
Specific Authority: 373.026(7), 373.043, 403.805, P.S.
Law Implemented: 373.036, F.S.
When appearing in this Chapter, the following words shall mean:
(1) *"Dpartment" means the Department of Environmental Regula-
(2) "District" meant a Water Management District created pur-
suant to Chapter 373, Florida Statutes.
Specific Authority: 373.026(7), 373.043, 403.805, F.S.
Law Implemented: 373.036, P.S.
17-40.03 General Water Policy (Reserved.)
17-40.04 Water Use
The-following shall apply to those areas where the use of water
is regulated pursuant to Part II of Chapter 373, Florida Stat-
(1) No permit shall be granted to authorize the use of water
unless the applicant establishes that the proposed use is
a reasonable-beneficial use, will not interfere with pre-
sently existing legal uses of water and is consistent with
the public interest.
(2) In determining whether a water use is a reasonable-bene-
ficial use, consideration should be given to any evidence
presented concerning the following factors:
(a) The quantity of water requested for the use;
(b) The demonstrated need for the use;
(c) The suitability of the use to the source of water;
(d) The purpose and value of the uset
(e) The extent and amount of harm caused;
(f) The practicality of mitigating any harm by adjusting
the quantity or method of use;.
(g) Whether the impact of the withdrawal extends to land
not owned or legally controlled by the user;
(h) The method and efficiency of use;
(i) Water conservation measures taken or available to be
(j) The practicality of reuse, or the use of waters of
more suitable quality;
(k) The present and projected demandd for the source of
(1) The long term yield available from the source of water;
(m) The extent of water quality degradation caused;
(n) Whether the proposed use would cause or contribute
to flood damage; and
(o) Whether the proposed use would significantly in-
duce salt water intrusion.
(p) The amount of water which can be withdrawn without
causing harm to the resource.
(q) Other relevant factors.
(3) Water shall be reserved from permit use in such locations
and quantities, and for such seasons of the year, as in
the judgment of the Department, or district may be re-
quired for the protection of fish and wildlife or the
public health or safety.
(4) Conservation of water shall be a requirement unless
not economically or environmentally feasible.
specific Authority: 373.026, 373.043, 403.805, P.S.
LEat Zaplementeds 3ft.rf, Tart 1, 373, P.S.
17-40.05 Water Tr*nport
the tdllowinqg hll* apply to ith trSaaiiie of itwater where
such transfers as 're9ul'*ed pursuant to -rart II of Chapter
3Vt, Tloefti Statutes:
(1) The tranuporn or we of wvet*r aicoro District boundaries
shall require *P6,a 1 of axqth :itvoed District.
(2) in detsding iWhttih t the trahap ort a use of water across
District bountartee is co h e*t i '"With the public interest
pirsuaktt to 4letiot 373.223, florida Statutes, the Dis-
tricts should consider tht txat nt 'which:
(aL) Cotprhen sive -tirtr conrervatiOn and reuse ptbgramg
are implefa tatd atd enforced ithe area of need.
(b) Vhte majrr acots, 'ba'Wttft, and envireatental impacts
hrav beeit tfluatily setas inhat including the impact
on beth t tuptiyinag iak receiving areas;
(c) The transport is an Bt Vititetntilly and economitally
acceptable method to supply Wavt fr the given pur-
(d) The present taid ptrojtcted atet needs of the supplying
area are reasonably determined and can be satisfied
even it the transport tkiS plS1ce,
(i) ithe trahTepOe plan inA*orieateu a reLginal approach
"to watl supply and distribution including, where ap-
propriate, plans for eventual itiettcne4ction of Wa-
Stil supply s'u ret atnd
(f) The transport is othewiia onidsitent with the
pufbid ittetrett based upon evidence presented.
Specific Authority: 373;;.26, 373.043, 403.805, F.S.
Law Implemented: 373.036, Part II, 373, F.S.
History: ._ eaw,-
17-40.06 Water Quality
(1) W4ter .quality standards shall be enforced pursuant to Chap-
ter 403, Florida Statutes, to protect waters of the State
from point and non-point sources of pollution.
(2) State water quality standards adopted by Department rule
shall be a part of the Florida Water Plan.
Specific Authprity: -403.061, 373.026, 373.043, 403.805, F.S.
Law Implemented: 373.036, 373.039, 403.021, F.S.
17-40.07 Surface.Water Management
The following shall apply to the regulation of surface waters
pursuant to Part IV, Chaptea 373, Florida Statutes.
(1) The construction aad operation of facilities which manage
or store surface waters, or other facilities which drain,
divert, impound, discharge into, or otherwise impact wa-
ters in the State, and the improvements served by such
facilities, shall not be harmful to water resources or
inconsistent with the objectives of the Department or
(2) In determining the harm to water, resources and consis-
tency with the objectives of the Department or District,
consideration should be given to:
(a) The impact of the facilities ona
(iii) water quality,
(iv) fish and wildlife,
(v) wadtala*d,, floodplaa.a,, a4d other
*awirornentalIyr senittinV lands,
(-vA) sa8.twatsr ox poLuntiour 1tan4ipn, including
any beataai line Ostabllbehd pursuant to Sec-
tion 373.033, Florida S*tawtte,
(mv*idt3 reas.onabeL-'bmnfWrklc aJ* twobi of0 water,
tCa, SLctabo. 373. 040, Flord* ibasatuas, and
'(1J* obbter io reljfwkl&g t#m tth public. health,
safftey, and welfetri
(b) Wtjwtbec ti. Sao&I1-itin4 meet appLioable design or par-
(0) Whtbefer adeqguaea provisions exise tOo- the continued
aatat&acftory operation ead maintebance of the facili-
(A)- The ability of thl faeelitles- and related improvements
to. avoid increased dwage to Of qtt.s Moperty or the
pabitoc flduiA bys'
(i) floodplain devneopaent', encroachment ox other al-
4i1) retaredane, acceleration or diversion of flowing
(iii) redoutioa of natuel e water storage areas,
(ti.. efftAjstty- Stfain.e t
tfA other ao4ti4o att *0aly impacting otft4ta water
Specific Authotity< 373.024, s37.04, 4:03.805, F.S.
Law ,iPbpieatd: .03;) @O FPart V, 373 f.S.
Flows. and Levels
_~~__ I 1,_1....~---_-------- ^I-I- -- ~li-l-u--~---L-~---.-I- -----r;lv---------~L-.~WN~DwlJh*
(1) In establishing ainimu -flo ws and levels pursuant to Sec-
tion,373.0424, consldecation shall be given to the protec-
tion of wsaer resow~roe, natural seasonal fluctuations in
water flows q r 1vels5 and environmental values associated
with coastal, asatuarine, aquatic, and wetlands ecology, in-
(a) Recreation in and on thb water;
,(b) Fish a~4 wa.llife4 habitats and the
passage of ishs-as
(c) EZstuaripe resou ces:
(d) TrpansAfer f 4trital -taterial;
(e) Maintenapeq of freatwater storage and supply;
(f) Aesthetic Mnd scenic attributes
(g) FlltrAtioa end -absorption :of n rieents and other
(h) Sedimaent Loads,.
(i) Water quality; and
(2) Established nimua flows and levels shall be a considera-
tion where relevant to:
(a) The construction and operation of water resource
(b) The issuance of permits pursuant to Part II, Part
IV, and Section 373.086, Florida Statutes:
(c) The declaration of a water shortage pursuant to Sec-
tion 373.175 or Section 373.2461 Florida Statutes.
Specific Authority: .373.026, 373.043, 403.805, F.S.
Law lmplemends4: 373.036, 373.042, 373.086, 373.175,
.*.;a-t-<-i--*---* ***^ i---.-.;
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17-40.09 District Water Management Plans
(1) A water management plan shall be prepared by each District
which is co*sist~4t with 'te ptovisioni of this Chapter and
Station 373v0SI, ?lo ida Statute,. Th* plan shall identify
specific geographical areas wbhei* vtt resource problems
have reached critical letlws.
(2) A course of remedial action shall be *pacified for each
(3) .Measuret may ticlude, but ar not limited to, water
resource projects, water rasourcae restoration pro-
jects pursuant to SWettla 403.0615, Florida Statutes,
purchase of lands iefto ehnt of Department or Dis-
trict -rulos a bn actions taken by local government
pursuant to a Local Governaent Comprehensive Plan,
loca. ordinance, or zoning regulation.
(4) District Plans shall also provide for identifying areas
where collection of data, water resource investigations,
water resource projects, or the implementation of regula-
tory programs are necessary to prevent water resource prob-
lems froe reaching critical tleels.
Specific Authority: 373.S26, 373.043, 403.805, F.S.
Law Implementeds 373.036, 373.033, 373.042, .373.106,
17-40.10 Review and Application
(1) This Chapter skall be reviewed periodically, but in
no case less frequently than once every four years.
Revisions, if any, shall be adopted by rule.
(2) Within 12 months after adoptionn or revision of this
Chapter, the Department, in coordination with the
Districts, shall- review existing rules for consistency
with the provisions contained herein.
(3) District rules adopted after this Chapter takes effect shall
be reviewed by the Department for consistency with this
(4) At the request of the Department, each District shall ini-
tiate rulemaking pursuant to Chapter 420r, Florida Statutes,
to consider changes the Department determines to be neces-
sary to assure consistency with this Chapter. The Depart-
ment shall be made a party to the proceeding.
(5) District water policies may be adopted which are consistent
with this Chapter, but which take into account differing
regional water resource characteristics and needs.
(6) A District shall initiate rulemaking to consider implemen-
tation of programs pursuant to Sections 373.033, 373.042,
373.106, Part II, Part III, or Part IV of Chapter 373,
Florida Statutes, where the Department or District deter-
mines that present or projected conditions of water short-
ages, saltwater intrusion, flooding, drainage, or other wa-
ter resource problems, prevent or threaten to prevent the
achievement of reasonable-beneficial uses, the protection
of fish and wildlife, or the attainment of other water pol-
(7) The Department and Districts shall assist other governmental
entities in the development of plans, ordinances, or other
programs to promote consistency with this Chapter and Dis-
trict water management plans.
(8) Duplication of water quality and quantity permitting func-
tions should be eliminated where appropriate through dele-
gation of Department responsibilities to Districts.
'^ ftflL- P ~ t "k44.bt~I.OI ~ ~
(9) The Department and Districts should assist educational in-
stitutions ik iftt d4evalpp~anmt of educatiganA curricula and
research prograS wuioh meet Florid4. A present and future
water; minageaatem As4ds,
Specific Authority, 373.026, 373.043, 43..805, F.S.
Law Implemented: 373.036, 373.033, 373.042, 373.106,
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