Florida Regulations 62-40.310: General Policies
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The following statement of general water resource implementation policy shall guide Department review of water management programs, rules, and plans. Water management programs, rules and plans, where economically and environmentally feasible, not contrary to the public interest, and consistent with Florida law, shall seek to:
(1) Water Supply.
(a) Promote the availability of sufficient water for natural systems, and sufficient and affordable water for all existing and future reasonable-beneficial uses. Uses of water authorized by a permit shall be limited to reasonable-beneficial uses.
(b) Promote water resource development and water supply development pursuant to Sections 373.0361 and 373.0831, F.S.
(c) Reserve, by rule, water from use by permit applicants, in such locations and quantities, and for such seasons of the year, as in the judgment of the District or Department, may be required for the protection of fish and wildlife, or the public health and safety. Such reservations shall be subject to periodic review and revision in light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.
(d) Champion and develop sound water conservation practices and public information programs.
(e) Advocate and direct the reuse of reclaimed water as an integral part of water and wastewater management programs, rules, and plans consistent with protection of the public health and surface and ground water quality.
(f) Improve the efficiency and effectiveness of reuse of reclaimed water by encouraging those uses that increase potable quality water offsets or recharge fractions, where consistent with water quality protection.
(g) Encourage the use of water of the lowest acceptable quality for the purpose intended.
(h) Encourage the development of local and regional surface and ground water supplies within districts rather than transfer water across District boundaries.
(i) Encourage the use of water from sources nearest the area of use or application whenever practical, in accordance with and subject to the limitations of Sections 373.016(4)(a) and (b), and 373.1962(9), 373.1963, 373.223(3), 373.229(3), F.S.
(j) Encourage demand management and the development of alternative water supplies, including water conservation, reuse of reclaimed water, desalination, stormwater and industrial wastewater recycling, recharge, and aquifer storage and recovery.
(k) Protect aquifers and surface waters from depletion through water conservation, use of alternative water supplies, implementation of water shortage plans, and preservation of the functions of high recharge areas.
(2) Water Quality Protection and Management.
(a) Restore and protect the quality of ground and surface water by solving current problems and ensuring high quality treatment for stormwater and wastewater.
(b) Identify existing and future public water supply areas and protect them from contamination.
(3) Flood Protection and Floodplain Protection.
(a) Encourage nonstructural solutions to water resource problems and consider nonstructural alternatives whenever structural works are proposed.
(b) Manage the construction and operation of facilities that dam, divert, or otherwise alter the flow of surface waters to minimize damage from flooding, soil erosion or excessive drainage.
(c) Encourage the management of floodplains and other flood hazard areas to prevent or reduce flood damage, consistent with establishment and maintenance of desirable hydrologic characteristics and associated natural systems.
(d) Encourage the development and implementation of a strict floodplain management program by state, regional, and local governments designed to preserve floodplain functions and associated natural systems.
(e) Avoid the expenditure of public funds that encourage or subsidize incompatible new development or significant expansion of existing development in high-hazard flood areas.
(f) Minimize flood-related emergencies, human disasters, loss of property, and other associated impacts.
(4) Natural Systems Protection and Management.
(a) Establish minimum flows and levels to protect water resources and the environmental values associated with marine, estuarine, freshwater, and wetlands ecology.
(b) Mitigate adverse impacts resulting from prior alteration of natural hydrologic patterns and fluctuations in surface and ground water levels.
(c) Utilize, preserve, restore, and enhance natural water management systems and discourage the channelization or other alteration of natural rivers, streams and lakes.
(5) Management Policies.
(a) Protect the water storage and water quality enhancement functions of wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement of laws, and the application of land and water management practices that provide for compatible uses.
(b) Emphasize the prevention of pollution and other water resource problems.
(c) Develop interstate agreements and undertake cooperative programs with Alabama and Georgia to provide for coordinated management of surface and ground waters.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.0361, 373.0391, 373.0391, 373.0395, 373.042 373.0421, 373.046, 373.0831, 373.103, 373.171, 373.175, 373.1961, 373.1962(9), 373.1963, 373.223, 373.229, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS. History-New 7-1-81, Formerly 17-40.03, Amended 12-5-88, Formerly 17-40.030, Amended 8-13-90, 12-17-91, Formerly 17-40.310, Amended 7-20-95, 5-7-05.
(1) Water Supply.
(a) Promote the availability of sufficient water for natural systems, and sufficient and affordable water for all existing and future reasonable-beneficial uses. Uses of water authorized by a permit shall be limited to reasonable-beneficial uses.
(b) Promote water resource development and water supply development pursuant to Sections 373.0361 and 373.0831, F.S.
(c) Reserve, by rule, water from use by permit applicants, in such locations and quantities, and for such seasons of the year, as in the judgment of the District or Department, may be required for the protection of fish and wildlife, or the public health and safety. Such reservations shall be subject to periodic review and revision in light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.
(d) Champion and develop sound water conservation practices and public information programs.
(e) Advocate and direct the reuse of reclaimed water as an integral part of water and wastewater management programs, rules, and plans consistent with protection of the public health and surface and ground water quality.
(f) Improve the efficiency and effectiveness of reuse of reclaimed water by encouraging those uses that increase potable quality water offsets or recharge fractions, where consistent with water quality protection.
(g) Encourage the use of water of the lowest acceptable quality for the purpose intended.
(h) Encourage the development of local and regional surface and ground water supplies within districts rather than transfer water across District boundaries.
(i) Encourage the use of water from sources nearest the area of use or application whenever practical, in accordance with and subject to the limitations of Sections 373.016(4)(a) and (b), and 373.1962(9), 373.1963, 373.223(3), 373.229(3), F.S.
(j) Encourage demand management and the development of alternative water supplies, including water conservation, reuse of reclaimed water, desalination, stormwater and industrial wastewater recycling, recharge, and aquifer storage and recovery.
(k) Protect aquifers and surface waters from depletion through water conservation, use of alternative water supplies, implementation of water shortage plans, and preservation of the functions of high recharge areas.
(2) Water Quality Protection and Management.
(a) Restore and protect the quality of ground and surface water by solving current problems and ensuring high quality treatment for stormwater and wastewater.
(b) Identify existing and future public water supply areas and protect them from contamination.
(3) Flood Protection and Floodplain Protection.
(a) Encourage nonstructural solutions to water resource problems and consider nonstructural alternatives whenever structural works are proposed.
(b) Manage the construction and operation of facilities that dam, divert, or otherwise alter the flow of surface waters to minimize damage from flooding, soil erosion or excessive drainage.
(c) Encourage the management of floodplains and other flood hazard areas to prevent or reduce flood damage, consistent with establishment and maintenance of desirable hydrologic characteristics and associated natural systems.
(d) Encourage the development and implementation of a strict floodplain management program by state, regional, and local governments designed to preserve floodplain functions and associated natural systems.
(e) Avoid the expenditure of public funds that encourage or subsidize incompatible new development or significant expansion of existing development in high-hazard flood areas.
(f) Minimize flood-related emergencies, human disasters, loss of property, and other associated impacts.
(4) Natural Systems Protection and Management.
(a) Establish minimum flows and levels to protect water resources and the environmental values associated with marine, estuarine, freshwater, and wetlands ecology.
(b) Mitigate adverse impacts resulting from prior alteration of natural hydrologic patterns and fluctuations in surface and ground water levels.
(c) Utilize, preserve, restore, and enhance natural water management systems and discourage the channelization or other alteration of natural rivers, streams and lakes.
(5) Management Policies.
(a) Protect the water storage and water quality enhancement functions of wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement of laws, and the application of land and water management practices that provide for compatible uses.
(b) Emphasize the prevention of pollution and other water resource problems.
(c) Develop interstate agreements and undertake cooperative programs with Alabama and Georgia to provide for coordinated management of surface and ground waters.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.0361, 373.0391, 373.0391, 373.0395, 373.042 373.0421, 373.046, 373.0831, 373.103, 373.171, 373.175, 373.1961, 373.1962(9), 373.1963, 373.223, 373.229, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS. History-New 7-1-81, Formerly 17-40.03, Amended 12-5-88, Formerly 17-40.030, Amended 8-13-90, 12-17-91, Formerly 17-40.310, Amended 7-20-95, 5-7-05.