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SOUTHWEST

FLORIDA
WATER
MANAGEMENT
DISTRICT

RULES
includes all rules in effect as of December 9, 2009
The Southwest Florida Water Management District does not discriminate on the basis of any individual's disability status. Anyone requiring
reasonable accommodation as provided for in the American's with Disabilities Act should contact Dianne Lee at (352) 796-7211 or 1-800-423-1476
(Florida only), extension 4657; TDD only number 1-800-231-6103 (Florida only); fax number (352) 754-6878.
Southwest Florida Water Management District
Applicants for water use and environmental resource permits may submit their applications to any District Permitting
Office; however, it is recommended to submit them to the Permitting Office within the Service Region where their
property is located. All activities concerning these permits will be conducted at these Permitting Offices. Applications
for well construction permits may also be submitted to any Permitting Office; however, applications for well
construction permits in Marion, Sarasota and Manatee Counties are evaluated and issued locally by county agencies.

Resource Regulation Service Regions Resource Regulation Permitting Offices

Brooksville Regulation Department


Citrus, Hernando, Lake, Levy, Marion, Pasco,
Sumter counties.
2379 Broad Street
Brooksville, FL 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
Fax: (352) 540-6027
Tampa Regulation Department

Hillsborough, Pinellas counties.


7601 U.S. Hwy. 301
Tampa, FL 33637-6759
(813) 985-7481 or 1-800-836-0797 (FL only)
Fax: (813) 987-6747
Bartow Regulation Department

Hardee, Highland, Polk counties.


170 Century Boulevard
Bartow, FL 33830-7700
(863) 534-1448 or 1-800-492-7862 (FL only)
Fax: (863) 534-7058
Sarasota Regulation Department

Charlotte, DeSoto, Manatee, Sarasota counties.


6750 Fruitville Road
Sarasota, FL 34240-9711
(941) 377-3722 or 1-800-320-3503 (FL only)
Fax: (941) 373-7660

TDD: 1-800-231-6103 for hearing assistance for all


locations.

The District does not discriminate based on disability. Anyone requiring reasonable accommodation as provided for in
the Americans with Disabilities Act should contact the Permitting Office for their location or the Regulation
Performance Management Department at (352) 796-7211 or 1-800-423-1476 (FL only).
August 2007
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

TABLE OF CONTENTS

CHAPTER 40D-0 GENERAL PAGE


40D-0.001 Description of Organization (Transferred).......................................................................... 0-1
40D-0.011 Policy and Purpose (Transferred)....................................................................................... 0-1
40D-0.021 Definitions (Transferred).................................................................................................... 0-1
40D-0.061 Basins (Transferred)........................................................................................................... 0-1
40D-0.071 Meetings and Workshops (Transferred) ............................................................................ 0-1
40D-0.081 Agendas and Notices (Transferred).................................................................................... 0-2
40D-0.101 Content of Application (Transferred)................................................................................. 0-2
40D-0.201 Permit Processing Fee (Transferred).................................................................................. 0-2
40D-0.381 Limiting Conditions (Transferred)..................................................................................... 0-2

CHAPTER 40D-1 PROCEDURAL


40D-1.001 Policy and Purpose (Repealed)........................................................................................... 1-3
40D-1.002 Delegation of Authority...................................................................................................... 1-3
40D-1.014 Final Order Index (Transferred)......................................................................................... 1-3
40D-1.091 Publications and Agreements Incorporated by Reference (Repealed)................................ 1-3
40D-1.102 Definitions.......................................................................................................................... 1-3
40D-1.105 Description of Organization (Repealed)............................................................................. 1-4
40D-1.107 Basins................................................................................................................................. 1-5
40D-1.121 Notice and Hearing Requirements (Repealed)................................................................... 1-18
40D-1.132 Agency Clerk (Repealed)................................................................................................... 1-18
40D-1.133 Final Order Index (Repealed) .................................................................................. 1-18
40D-1.139 Americans With Disabilities Act and Discrimination in Federally Funded
Programs Public Grievance Procedures (Repealed)............................................................ 1-18
40D-1.140 District Funds.................................................................................................................... 1-18
40D-1.181 Declaratory Statements (Repealed)................................................................................... 1-18
40D-1.1900 Bonds (Transferred).......................................................................................................... 1-18
40D-1.1901 Forms and Instructions (Transferred)................................................................................ 1-19
40D-1.201 District Funds (Transferred).............................................................................................. 1-19
40D-1.202 Americans With Disabilities Act and Discrimination in Federally Funded
Programs Public Grievance Procedures (Transferred)...................................................... 1-19
40D-1.2025 Meetings and Workshops (Repealed)................................................................................ 1-19
40D-1.203 Agendas and Notices (Repealed)....................................................................................... 1-19

PART III RULEMAKING PROCEEDINGS


40D-1.301 Commencement of Proceedings (Repealed)...................................................................... 1-19
40D-1.303 Notice of Proceedings and the Proposed Rules (Repealed)............................................... 1-19
40D-1.307 Content of Notice (Repealed)............................................................................................ 1-19
40D-1.311 Petitions to Initiate Rulemaking Proceedings (Repealed).................................................. 1-19
40D-1.313 District Action on Petitions to Initiate Rulemaking Proceedings
(Repealed)......................................................................................................................... 1-19
40D-1.327 Rulemaking Materials (Repealed)..................................................................................... 1-20
40D-1.330 Rulemaking Proceeding - No Hearing (Repealed)............................................................ 1-20
40D-1.331 Rulemaking Proceeding - Hearing (Repealed).................................................................. 1-20
40D-1.335 Incorporation by Reference (Repealed)............................................................................ 1-20
40D-1.337 Emergency Rule Adoption (Repealed)............................................................................. 1-20
40D-1.371 Reapplying for Permits (Repealed).................................................................................. 1-20
40D-1.391 Bonds (Transferred)......................................................................................................... 1-20

PART IV DECLARATORY STATEMENTS


40D-1.401 General (Repealed)........................................................................................................... 1-20

1
40D-1.405 Purpose and Use of Declaratory Statement (Repealed).................................................... 1-20
40D-1.407 District Disposition (Repealed)........................................................................................ 1-20

PART V DECISIONS DETERMINING SUBSTANTIAL INTERESTS


SUBPART A GENERAL PROVISIONS
40D-1.501 Policy and Purpose (Repealed)........................................................................................ 1-21
40D-1.502 Presiding Officer (Repealed)........................................................................................... 1-21
40D-1.503 Computation of Time (Repealed).................................................................................... 1-21
40D-1.504 Parties (Repealed)........................................................................................................... 1-21
40D-1.505 Appearances for Parties; Criteria for Authorized Representation
(Repealed)....................................................................................................................... 1-21
40D-1.506 Consolidation (Repealed)................................................................................................ 1-21
40D-1.507 Joinder of Parties (Repealed).......................................................................................... 1-21
40D-1.508 Disqualification (Repealed)............................................................................................. 1-21
40D-1.509 Signing, Filing and Service of Pleadings (Repealed)...................................................... 1-21
40D-1.510 Procedural Rules (Repealed)........................................................................................... 1-21
40D-1.511 Point of Entry Into Proceedings (Repealed).................................................................... 1-22

SUBPART B FORMAL PROCEEDINGS


40D-1.521 Initiation of Formal Proceedings (Repealed)................................................................... 1-22
40D-1.522 Amendment of Petitions (Repealed)................................................................................ 1-22
40D-1.523 Answer (Repealed).......................................................................................................... 1-22
40D-1.524 Motions (Repealed)......................................................................................................... 1-22
40D-1.525 Motions in Opposition to Petition (Repealed)................................................................. 1-22
40D-1.526 Prehearing Conferences (Repealed)................................................................................ 1-22
40D-1.527 Intervention (Repealed)................................................................................................... 1-22
40D-1.528 Discovery (Repealed)...................................................................................................... 1-22
40D-1.529 Notice of Hearing (Repealed).......................................................................................... 1-22
40D-1.530 Continuances (Repealed)................................................................................................. 1-22
40D-1.531 Dismissal and Default (Repealed).................................................................................... 1-23
40D-1.541 Subpoenas (Repealed)...................................................................................................... 1-23
40D-1.542 Witness Fees (Repealed).................................................................................................. 1-23
40D-1.543 Order of Presentation (Repealed)..................................................................................... 1-23
40D-1.544 Burden of Proof (Repealed)............................................................................................. 1-23
40D-1.545 Witnesses (Repealed)....................................................................................................... 1-23
40D-1.546 Evidence (Repealed)......................................................................................................... 1-23
40D-1.547 Recordation (Repealed).................................................................................................... 1-23
40D-1.548 Venue (Repealed)............................................................................................................. 1-23
40D-1.561 Post-hearing Memoranda (Repealed)............................................................................... 1-23
40D-1.562 Recommended Order (Repealed)..................................................................................... 1-23
40D-1.564 Exceptions to Recommended Order (Repealed).............................................................. 1-24
40D-1.565 Final Orders (Repealed)................................................................................................... 1-24

SUBPART C INFORMAL PROCEEDINGS


40D-1.571 Informal Proceedings (Repealed)..................................................................................... 1-24
40D-1.572 Submission of Evidence (Repealed)................................................................................ 1-24
40D-1.573 Final Orders (Repealed)................................................................................................... 1-24

PART VI PERMITTING
40D-1.600 Permit Applications – General and Noticed General Permits.......................................... 1-24
40D-1.601 Minimum Rates of Flow and Levels (Transferred).......................................................... 1-24
40D-1.602 Permits Required.............................................................................................................. 1-24
40D-1.603 Permit Application Procedures......................................................................................... 1-25

40D-1.6035 Application Procedures for Noticed General Environmental Resource


Permits (Repealed).......................................................................................................... 1-27

2
40D-1.604 Bonds............................................................................................................................... 1-27
40D-1.605 Content of Application (Repealed).................................................................................. 1-27
40D-1.6051 Timeframe for Providing Requested Information............................................................ 1-28
40D-1.6052 Processing Procedures for Noticed General Permits Under Chapter
40D-400, F.A.C. .............................................................................................................. 1-28
40D-1.606 Denial of Environmental Resource Permit Applications (Repealed)................................ 1-29
40D-1.607 Permit Processing Fee...................................................................................................... 1-29
40D-1.608 Permit Fee Reduction for Certain Counties and Municipalities........................................ 1-33
40D-1.6105 Limiting Conditions.......................................................................................................... 1-33
40D-1.659 Forms and Instructions...................................................................................................... 1-34

PART VII CONTRACTUAL TRANSACTIONS


40D-1.750 Contract Bidding - Resolution of Protests (Repealed)...................................................... 1-36

PART IX INVESTIGATIONS; ENFORCEMENT


40D-1.901 Forms and Instructions (Transferred)................................................................................ 1-37
40D-1.902 District Investigations and Probable Cause Determination................................................ 1-37
40D-1.905 Administrative Enforcement Action (Repealed)................................................................ 1-37
40D-1.907 Emergency Action (Repealed)........................................................................................... 1-37
40D-1.909 Judicial Enforcement (Repealed)....................................................................................... 1-37

PART XEXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE


SUBPART A VARIANCE OR WAIVER
40D-1.1001 Variances from Water Well Construction Rules (Chapter 40D-3, F.A.C.)……………… 1-37
40D-1.1002 Variances from Water Shortage Rules (Chapter 40D-21, F.A.C.)..................................... 1-38
40D-1.1003 Time for Consideration of a Petition for an Emergency Variance
or Waiver........................................................................................................................... 1-39

SUBPART B DECISIONS DETERMINING SUBSTANTIAL INTEREST


40D-1.1010 Point of Entry into Proceedings......................................................................................... 1-39
40D-1.1020 Timeframe for Providing Requested Information (Transferred)........................................ 1-40

SUBPART C LICENSING
40D-1.1021 Emergency Authorization of Permits for Activities Regulated
Under Part IV of Chapter 373, F.S. ................................................................................... 1-40
40D-1.1022 Emergency Authorization for Well Construction Permits.................................................. 1-40
40D-1.1023 Emergency Authorization for Works of the District Permits (Repealed)........................... 1-40
40D-1.1024 Processing Procedures for Noticed General Permits
Under Chapter 40D-400, F.A.C (Transferred)................................................................... 1-41

CHAPTER 40D-2 WATER USE PERMITS


40D-2.011 Policy and Purpose............................................................................................................. 2-1
40D-2.021 Definitions.......................................................................................................................... 2-1
40D-2.031 Implementation.................................................................................................................. 2-2
40D-2.041 Permits Required............................................................................................................... 2-3
40D-2.051 Exemptions........................................................................................................................ 2-4
40D-2.091 Publications Incorporated by Reference............................................................................ 2-4
40D-2.101 Content of Application...................................................................................................... 2-5
40D-2.111 Notice of Application Form (Repealed)............................................................................ 2-6
40D-2.121 Notice and Hearing Requirements (Repealed).................................................................. 2-6
40D-2.131 Times for Receiving Objections and for Hearing (Repealed)........................................... 2-6
40D-2.201 Permit Processing Fee (Repealed).................................................................................... 2-6
40D-2.301 Conditions for Issuance of Permits................................................................................... 2-7
40D-2.302 Reservations From Use..................................................................................................... 2-7
40D-2.311 Competing Applications.................................................................................................... 2-7
40D-2.321 Duration of Permits........................................................................................................... 2-8

3
40D-2.331 Modification of Permits.................................................................................................... 2-8
40D-2.341 Revocation and Cancellation of Permits........................................................................... 2-9
40D-2.351 Transfer of Permits........................................................................................................... 2-9
40D-2.361 Renewal of Permits........................................................................................................... 2-9
40D-2.381 Standard Permit Conditions.............................................................................................. 2-10
40D-2.401 Identification Tags............................................................................................................ 2-11
40D-2.441 Temporary Permits (Repealed)......................................................................................... 2-12
40D-2.501 Permit Use Types….......................................................................................................... 2-13
40D-2.511 Declaration of Water Shortage.......................................................................................... 2-12
40D-2.521 Change, Suspension, or Restriction of Permits During
Water Shortage (Repealed)............................................................................................... 2-12
40D-2.531 Procedures Under Water Shortage (Repealed)................................................................. 2-12
40D-2.541 Declaration of Emergency Due to Water Shortage (Repealed)........................................ 2-13
40D-2.621 Water-Conserving Credits................................................................................................ 2-13
40D-2.801 Water Use Caution Areas................................................................................................. 2-13

CHAPTER 40D-3 REGULATION OF WELLS


40D-3.011 Policy and Purpose........................................................................................................... 3-1
40D-3.021 Definitions........................................................................................................................ 3-1
40D-3.031 Implementation................................................................................................................. 3-3
40D-3.032 Delegation........................................................................................................................ 3-3
40D-3.037 Rules, Publications and Agreements Incorporated by
Reference......................................................................................................................... 3-3
40D-3.038 Violations of Contractor Licensing Requirements........................................................... 3-4
40D-3.039 Penalties (Repealed)........................................................................................................ 3-4
40D-3.040 Scope of Part III (Repealed)............................................................................................ 3-4
40D-3.041 Permits Required.............................................................................................................. 3-4
40D-3.042 Multiple Wells Under a Single Permit............................................................................. 3-5
40D-3.045 Water Use Permit Required............................................................................................. 3-5
40D-3.051 Exemptions...................................................................................................................... 3-5
40D-3.091 Registration of Drillers, Contractors, and Engineering Testing
Laboratories (Repealed)................................................................................................... 3-6
40D-3.092 Refusal, Suspension, or Revocation of Licensing Registration and
Forfeiture of Bond (Repealed).......................................................................................... 3-6
40D-3.101 Content of Application..................................................................................................... 3-6
40D-3.201 Permit Processing Fee...................................................................................................... 3-6
40D-3.301 Conditions for Issuance of Permits................................................................................... 3-7
40D-3.310 Conditions for Transfer of Permits................................................................................... 3-7
40D-3.321 Duration of Permits.......................................................................................................... 3-7
40D-3.341 Suspension, Revocation and Cancellation of Permits...................................................... 3-8
40D-3.411 Well Completion Report.................................................................................................. 3-8
40D-3.451 Emergency Authorization (Transferred).......................................................................... 3-8
40D-3.461 Inspection........................................................................................................................ 3-9
40D-3.500 Construction Standards (Repealed)................................................................................. 3-9
40D-3.501 Variances (Transferred).................................................................................................. 3-9
40D-3.502 Construction Methods..................................................................................................... 3-9
40D-3.505 Location........................................................................................................................... 3-10
40D-3.507 Casing and Liner Pipe Standards..................................................................................... 3-11
40D-3.517 Grouting and Sealing....................................................................................................... 3-11
40D-3.521 Well Seals........................................................................................................................ 3-12
40D-3.525 Explosives........................................................................................................................ 3-13
40D-3.529 Flowing Wells.................................................................................................................. 3-13
40D-3.531 Abandoned Well Plugging............................................................................................... 3-13
40D-3.600 Special Well Construction Standards............................................................................... 3-14
40D-3.701 Construction Standards (Transferred).............................................................................. 3-14

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CHAPTER 40D-4 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS
40D-4.011 Policy and Purpose (Repealed)......................................................................................... 4-1
40D-4.021 Definitions........................................................................................................................ 4-1
40D-4.031 Implementation, Effective Date and Applicability........................................................... 4-3
40D-4.041 Permits Required.............................................................................................................. 4-3
40D-4.042 Formal Determination of Wetlands and Other Surface Waters........................................ 4-4
40D-4.051 Exemptions...................................................................................................................... 4-5
40D-4.052 Request for Exemption (Reserved).................................................................................. 4-12
40D-4.053 Conditions for Exemption................................................................................................ 4-12
40D-4.054 Alteration of Exempt Projects.......................................................................................... 4-12
40D-4.091 Publications, Forms and Agreements Incorporated by Reference.................................... 4-12
40D-4.101 Content of Application..................................................................................................... 4-13
40D-4.111 Notice of Application Form (Repealed)........................................................................... 4-14
40D-4.121 Notice and Hearing Requirements (Repealed)................................................................. 4-14
40D-4.131 Times for Receiving Objections and for Hearing (Repealed).......................................... 4-14
40D-4.201 Permit Processing Fee...................................................................................................... 4-14
40D-4.301 Conditions for Issuance of Permits................................................................................... 4-14
40D-4.302 Additional Conditions for Issuance of Permits................................................................. 4-15
40D-4.311 Variances (Repealed)........................................................................................................ 4-16
40D-4.321 Duration of Permits........................................................................................................... 4-16
40D-4.331 Modification of Permits.................................................................................................... 4-16
40D-4.341 Revocation and Cancellation of Permits........................................................................... 4-17
40D-4.351 Transfer of Permits........................................................................................................... 4-17
40D-4.381 General Conditions........................................................................................................... 4-18
40D-4.401 Identification Tags (Repealed)......................................................................................... 4-20
40D-4.411 Completion Report (Repealed)........................................................................................ 4-20
40D-4.451 Emergency Authorization (Transferred).......................................................................... 4-21
40D-4.461 Inspection........................................................................................................................ 4-21
40D-4.471 Abatement and Abandonment of a System (Repealed).................................................... 4-21
40D-4.481 Remedial and Emergency Measures (Repealed).............................................................. 4-21

CHAPTER 40D-5 ARTIFICIAL RECHARGE


40D-5.011 Policy and Purpose (Repealed)........................................................................................ 5-1
40D-5.031 Implementation (Repealed)............................................................................................. 5-1
40D-5.041 Permits Required (Repealed).......................................................................................... 5-1
40D-5.051 Exemptions (Repealed)................................................................................................... 5-1
40D-5.101 Content of Application (Repealed).................................................................................. 5-1

CHAPTER 40D-6 WORKS OF THE DISTRICT


40D-6.011 Policy and Purpose (Repealed)....................................................................................... 6-1
40D-6.021 Definitions (Repealed).................................................................................................... 6-1
40D-6.031 Implementation (Repealed)............................................................................................. 6-1
40D-6.041 Permits Required (Repealed).......................................................................................... 6-1
40D-6.051 Exemptions (Repealed)................................................................................................... 6-2
40D-6.091 Encroachment Lines (Repealed)..................................................................................... 6-2
40D-6.101 Content of Application (Repealed)................................................................................. 6-2
40D-6.121 Notice and Hearing Requirements (Repealed)............................................................... 6-2
40D-6.201 Permit Processing Fee (Repealed).................................................................................. 6-2
40D-6.301 Conditions for Issuance of Permits (Repealed)............................................................... 6-2
40D-6.321 Duration of Permits (Repealed)...................................................................................... 6-2
40D-6.331 Modification of Permits (Repealed)................................................................................ 6-2
40D-6.341 Revocation of Permits (Repealed).................................................................................. 6-2
40D-6.411 Completion Report (Repealed).......................................................................................... 6-3
40D-6.451 Emergency Authorization (Transferred)........................................................................... 6-3

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40D-6.461 Inspection (Repealed)....................................................................................................... 6-3
40D-6.481 Remedial and Emergency Measures (Repealed)............................................................... 6-3

CHAPTER 40D-8 WATER LEVELS AND RATES OF FLOW


40D-8.011 Policy and Purpose........................................................................................................... 8-1
40D-8.021 Definitions........................................................................................................................ 8-2
40D-8.031 Implementation................................................................................................................. 8-4
40D-8.041 Minimum Flows............................................................................................................... 8-4
40D-8.603 Management Levels for Lakes and Other Impoundments (Repealed)............................. 8-14
40D-8.605 Cyclic Variations for Minimum Water Level (Repealed)................................................ 8-14
40D-8.611 Minimum Flood Levels (Repealed)................................................................................. 8-14
40D-8.613 Ten Year Flood Warning Levels (Repealed)................................................................... 8-14
40D-8.616 Posted Notice (Repealed)................................................................................................ 8-14
40D-8.621 Operating Levels for Lakes with District-Owned Management Structures…………… 8-14
40D-8.623 Minimum Wetland Levels............................................................................................... 8-15
40D-8.624 Guidance and Minimum Levels for Lakes....................................................................... 8-15
40D-8.626 Minimum Aquifer Levels in Hillsborough County
North of State Road 60, and Pasco and Pinellas Counties............................................... 8-45

CHAPTER 40D-9 DISTRICT LAND USE RULES


40D-9.021 Definitions........................................................................................................................ 9-2
40D-9.091 Land Acquisition Procedures (Repealed)......................................................................... 9-2
40D-9.101 Recreational Land Use Policy ................................................................................ 9-3
40D-9.110 Scope and Applicability................................................................................................... 9-3
40D-9.111 Access to and Closures of District Lands........................................................................ 9-3
40D-9.120 Commercial Recreational Activities................................................................................ 9-4
40D-9.130 Recreational Fishing........................................................................................................ 9-4
40D-9.131 Commercial Fishing......................................................................................................... 9-4
40D-9.140 Hiking.............................................................................................................................. 9-4
40D-9.150 Equestrian Activities; Use of Saddle Animals................................................................. 9-5
40D-9.160 Bicycling......................................................................................................................... 9-5
40D-9.170 Hunting........................................................................................................................... 9-5
40D-9.171 Trapping.......................................................................................................................... 9-5
40D-9.180 Swimming....................................................................................................................... 9-5
40D-9.181 Diving............................................................................................................................. 9-5
40D-9.190 Dogs, Cats, or Other Animals......................................................................................... 9-6
40D-9.191 Plant or Animal Removal, Destruction or Harassment.................................................... 9-6
40D-9.192 Introduction of Plants and Animals to District Lands...................................................... 9-6
40D-9.200 Archeological or Cultural Resources Removal, Alteration, or Destruction……………. 9-6
40D-9.210 Disposal or Discharge of Waste...................................................................................... 9-7
40D-9.220 Destruction, Removal or Alteration of District Owned Facilities or
Equipment....................................................................................................................... 9-7
40D-9.230 Firearms and Similar Equipment.................................................................................... 9-7
40D-9.231 Fireworks and Explosives............................................................................................... 9-7
40D-9.240 Posting or Distributing Bills........................................................................................... 9-7
40D-9.250 Fires................................................................................................................................ 9-7
40D-9.260 Camping......................................................................................................................... 9-8
40D-9.270 Use of Motorized Vehicles, Recreational Vehicles, Boats and Aircraft......................... 9-8
40D-9.280 Unauthorized Facilities or Structures............................................................................. 9-9
40D-9.290 Other Uses; Use of Alcoholic Beverages on District Lands Prohibited......................... 9-9
40D-9.300 Trespass After Notice.................................................................................................... 9-9
40D-9.310 Penalties......................................................................................................................... 9-10
40D-9.320 Conflicting Rules............................................................................................................ 9-10
40D-9.330 Special Use Authorization.............................................................................................. 9-10

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CHAPTER 40D-20 GENERAL WATER USE PERMITS
40D-20.011 Policy and Purpose (Repealed)....................................................................................... 20-1
40D-20.031 Implementation (Repealed)............................................................................................. 20-1
40D-20.041 General Permit for Water Use (Repealed)...................................................................... 20-1
40D-20.101 Application (Repealed)................................................................................................... 20-1
40D-20.121 Notice (Repealed)........................................................................................................... 20-1
40D-20.141 Request for Additional Information (Repealed)............................................................. 20-1
40D-20.301 Conditions for Issuance of Permits (Repealed).............................................................. 20-1
40D-20.321 Duration of Permit (Repealed)....................................................................................... 20-2
40D-20.341 Revocation of Permits (Repealed).................................................................................. 20-2
40D-20.351 Transfer of Permits (Repealed)....................................................................................... 20-2
40D-20.381 Limiting Conditions (Repealed)...................................................................................... 20-2

CHAPTER 40D-21 WATER SHORTAGE PLAN


PART I GENERAL
40D-21.011 Policy and Purpose.......................................................................................................... 21-1
40D-21.031 Elements of the Plan........................................................................................................ 21-2
40D-21.051 Definitions...................................................................................................................... 21-2

PART II DECLARING AND IMPLEMENTING A WATER SHORTAGE


40D-21.211 Monitoring Conditions.................................................................................................... 21-4
40D-21.221 Evaluating Water Conditions.......................................................................................... 21-5
40D-21.231 Declaring a Water Shortage............................................................................................ 21-8
40D-21.251 Water Shortage Phases.................................................................................................... 21-9
40D-21.275 Implementing a Water Shortage Declaration.................................................................. 21-9
40D-21.281 Modifying or Rescinding a Water Shortage Declaration................................................ 21-10
40D-21.291 Variances (Transferred) ................................................................................................. 21-11

PART III EMERGENCY PROVISIONS


40D-21.331 Declaring a Water Shortage Emergency......................................................................... 21-11
40D-21.371 Response Mechanisms During a Water Shortage Emergency......................................... 21-12
40D-21.391 Implementing a Water Shortage Emergency Declaration............................................... 21-12

PART IV ENFORCEMENT AND WATER SHORTAGE MITIGATION


40D-21.401 Monitoring (Repealed)................................................................................................... 21-13
40D-21.421 Enforcement................................................................................................................... 21-13
40D-21.441 Public Supply Water Shortage Mitigation Plans............................................................ 21-13

PART V THE CLASSIFICATION SYSTEM


40D-21.511 General........................................................................................................................... 21-16
40D-21.531 Source Classifications ............................................................................................. 21-16
40D-21.541 Use Classifications......................................................................................................... 21-16
40D-21.571 Method of Withdrawal Classifications........................................................................... 21-17

PART VI SPECIFIC RESPONSE MECHANISMS


40D-21.601 General........................................................................................................................... 21-17
40D-21.621 Phase I: Moderate Water Shortage................................................................................. 21-17
40D-21.631 Phase II: Severe Water Shortage.................................................................................... 21-20
40D-21.641 Phase III: Extreme Water Shortage................................................................................ 21-27
40D-21.651 Phase IV: Critical Water Shortage................................................................................. 21-35

CHAPTER 40D-22 YEAR-ROUND WATER CONSERVATION MEASURES


40D-22.011 Policy and Purpose......................................................................................................... 22-1
40D-22.101 Definitions...................................................................................................................... 22-1
40D-22.201 Year-Round Water Conservation Measures................................................................... 22-3

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40D-22.301 Variances (Repealed)..................................................................................................... 22-6
40D-22.303 Variances and Waivers................................................................................................... 22-7
40D-22.401 Enforcement................................................................................................................... 22-7

CHAPTER 40D-24 XERISCAPE INCENTIVE PROGRAM


40D-24.001 Policy and Purpose (Repealed)............................................................................................. 24-1
40D-24.010 Definitions (Repealed).......................................................................................................... 24-1
40D-24.020 Incentive Program (Repealed)............................................................................................... 24-1
40D-24.030 Incentive Program – Qualifying (Repealed).......................................................................... 24-1

CHAPTER 40D-26 FACILITATING AGRICULTURAL RESOURCE MANAGEMENT SYSTEMS


(FARMS)PROGRAM
40D-26.011 Policy and Purpose ......................................................................................................... 26-1
40D-26.021 Definition........................................................................................................................ 26-1
40D-26.091 Publications Incorporated by Reference. ........................................................................ 26-1
40D-26.101 Conditions of Eligibility.................................................................................................. 26-2
40D-26.201 Program Application. ..................................................................................................... 26-2
40D-26.301 Eligibility Determination................................................................................................. 26-2
40D-26.401 Cost-Share Rates............................................................................................................. 26-3

CHAPTER 40D-40 GENERAL ENVIRONMENTAL RESOURCE PERMITS


40D-40.011 Policy and Purpose.......................................................................................................... 40-1
40D-40.021 Definitions....................................................................................................................... 40-1
40D-40.031 Implementation, Effective Date and Applicability.......................................................... 40-2
40D-40.040 General Environmental Resource Permits....................................................................... 40-2
40D-40.041 Noticed General Permit for Construction, Alteration or Operation of
Surface Water Management Systems (Repealed)............................................................ 40-2
40D-40.042 General Permit For Construction, Alteration or Operation of
Surface Water Management Systems (Repealed)............................................................ 40-2
40D-40.043 List of Entities to Which Permitting Pursuant to
This Chapter Has Been Delegated (Repealed)................................................................. 40-2
40D-40.044 General Permit for Site Conditions Assessment............................................................... 40-3
40D-40.111 Requests for Noticed General Permits (Repealed)........................................................... 40-3
40D-40.112 Content of Application for General Permits..................................................................... 40-3
40D-40.141 Request for Additional Information (Repealed)............................................................... 40-4
40D-40.301 Conditions for Issuance of General Permits for Minor Surface Water
Management Systems...................................................................................................... 40-4
40D-40.302 Conditions for Issuance of General Permits.................................................................... 40-5
40D-40.321 Duration of Permits......................................................................................................... 40-6
40D-40.331 Modification of Permits.................................................................................................. 40-6
40D-40.341 Revocation of Permits (Repealed).................................................................................. 40-7
40D-40.351 Transfer of Permits......................................................................................................... 40-7
40D-40.381 General Conditions......................................................................................................... 40-7

CHAPTER 40D-45 SURFACE WATER MANAGEMENT FOR MINING MATERIALS OTHER THAN
PHOSPHATE
40D-45.011 Policy and Purpose (Repealed)....................................................................................... 45-1
40D-45.021 Definitions (Repealed).................................................................................................... 45-1
40D-45.031 Implementation, Effective Date and Applicability (Repealed)....................................... 45-1
40D-45.041 Permits Required (Repealed).......................................................................................... 45-1
40D-45.051 Exemptions (Repealed)................................................................................................... 45-1
40D-45.053 Conditions for Exemption (Repealed)............................................................................. 45-2
40D-45.054 Alteration of Exempt Projects (Repealed)....................................................................... 45-2
40D-45.091 Publications and Agreements Incorporated by Reference (Repealed)............................. 45-2
40D-45.101 Content of Application (Repealed).................................................................................. 45-2

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40D-45.301 Conditions for Issuance (Repealed)................................................................................. 45-2
40D-45.321 Duration of Permits (Repealed)....................................................................................... 45-2
40D-45.331 Modification of Permits (Repealed)................................................................................ 45-2
40D-45.341 Revocation of Permits (Repealed)................................................................................... 45-2
40D-45.351 Transfer of Permits (Repealed)....................................................................................... 45-2
40D-45.381 Limiting Conditions (Repealed)...................................................................................... 45-2
40D-45.461 Inspection (Repealed)...................................................................................................... 45-3
40D-45.471 Abatement (Repealed)..................................................................................................... 45-3
40D-45.481 Remedial and Emergency Measures (Repealed)............................................................. 45-3

CHAPTER 40D-80 RECOVERY AND PREVENTION STRATEGIES FOR MINIMUM FLOWS AND
LEVELS
40D-80.011 Policy and Purpose.......................................................................................................... 80-1
40D-80.073 Regulatory Portion of Recovery Strategy for Pasco, Northern Hillsborough
and Pinellas Counties...................................................................................................... 80-1
40D-80.074 Regulatory Portion of Recovery Strategy for the Southern Water Use
Caution Area .................................................................................................................. 80-6

CHAPTER 40D-400 ENVIRONMENTAL RESOURCE PERMITS


PART I GENERAL PROVISIONS
40D-400.021 Definitions...................................................................................................................... 400-2

PART II NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS


40D-400.201 Policy and Purpose......................................................................................................... 400-3
40D-400.21 Processing Procedures for Noticed General Permits (Transferred)................................ 400-4
40D-400.215 General Conditions for All Noticed General Permits .................................................. 400-4
40D-400.417 General Permit for Installation, Alteration or Maintenance of Boat Ramps
and Associated Accessory Docks................................................................................... 400-5
40D-400.427 General Permit for Certain Piers and Associated Structures.......................................... 400-7
40D-400.431 General Permit for Installation of Riprap....................................................................... 400-8
40D-400.437 General Permit for the Installation of Fences................................................................. 400-8
40D-400.439 General Permit for the Construction or Maintenance of Culverted
Driveway or Roadway Crossings and Bridges of Artificial Waterways......................... 400-9
40D-400.443 General Permit to the Florida Department of Transportation, Counties
and Municipalities for Minor Bridge Alteration, Replacement,
Maintenance and Operation........................................................................................... 400-10
40D-400.447 General Permit to the Florida Department of Transportation, Counties and
Municipalities for Minor Activities Within Existing Rights-of-Way or
Easements...................................................................................................................... 400-11
40D-400.453 General Permit for Installation, Maintenance, Repair or Removal
of Underground Cable, Conduit, or Pipeline................................................................. 400-13
40D-400.455 General Permit for the Construction of Aerial Pipeline, Cable, or Conduit
Crossings of Certain Waters.......................................................................................... 400-14
40D-400.457 General Permit for Subaqueous Utility Crossings of Artificial Waterways………….. 400-15
40D-400.463 General Permit for the Construction and Operation of Culverts and
Associated Water Control Structures in Mosquito Control Impoundments
by Governmental Mosquito Control Agencies.............................................................. 400-17
40D-400.467 General Permit for Breaching Mosquito Control Impoundments by
Governmental Mosquito Control Agencies................................................................... 400-18
40D-400.475 General Permit for Minor Activities.............................................................................. 400-18
40D-400.483 General Permit to the Department to Conduct Minor Activities.................................... 400-20
40D-400.485 General Permit to the Department for Environmental
Restoration or Enhancement.......................................................................................... 400-21
40D-400.487 General Permit to the Department to Change Operating Schedules for
Department Water Control Structures............................................................................. 400-21

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40D-400.491 Noticed General Permit for Raising the Height of Existing Earthen
Embankments for Impoundments at Facilities for Mining
Sand and Limestone........................................................................................................ 400-22
40D-400.492 Noticed General Permit for Prospecting......................................................................... 400-23
40D-400.495 General Permit to U.S. Forest Service for Minor Works within National
Forests............................................................................................................................. 400-24
40D-400.500 General Permit for Construction, Operation, Maintenance, Alteration,
Abandonment or Removal of Minor Silvicultural Surface Water
Management Systems...................................................................................................... 400-25

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40D-0
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RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-0
GENERAL

40D-0.001 Description of Organization


40D-0.011 Policy and Purpose
40D-0.021 Definitions
40D-0.061 Basins
40D-0.071 Meetings and Workshops
40D-0.081 Agendas and Notices
40D-0.101 Content of Application
40D-0.201 Permit Processing Fee
40D-0.381 Limiting Conditions

40D-0.001 Description of Organization.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.169, F.S.,
Chapter 76-243, 61-691, Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74,
10-24-76, 7-21-77, Formerly 16J-0.001(1)-(8), Amended 7-1-84, Transferred to 40D-1.105.

40D-0.011 Policy and Purpose.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.016, F.S.
History – Readopted 10-5-74, Formerly 16J-0.01, Transferred to 40D-1.001.

40D-0.021 Definitions.

Specific Authority 373.044, 373.113, 373.149, 373,171, F.S. Law Implemented 373.019,
373.403, 373.339, F.S. History – Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.02,
Transferred to 40D-1.102.

40D-0.061 Basins.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.0693, F.S.,
Chapters 62-691 and 78-65, Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74,
10-24-76, 9-5-77, 10-16-78, 4-27-80, 3-30-81, 1-10-83, 10-9-85, Formerly 16J-0.03, Transferred
to 40D-1.107.

40D-0.071 Meetings and Workshops.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.0693,
373.079, F.S., 61-691, Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74,
10-24-76, Formerly 16J-0.30(2), (7), (8), (4), (9), Transferred to 40D-1.202.

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40D-0.081 Agendas and Notices.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.0693,
373.079, F.S., 61-691, Law of Florida. History – Readopted 10-5-74, Amended 12-31-74,
10-24-76, Formerly 16J-0.30(11), (6), (3), (5), (10), Transferred to 40D-1.203.

40D-0.101 Content of Application.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.085,
373.106, 373.116, 373.216, 373.229, 373.246, 373.249, 373.413, 373.416, F.S. History -
Readopted 10-5-74, Amended 10-24-76, Formerly 16J–0.10, 16J-0.11, Amended 10-1-84,
Transferred to 40D-1.605.

40D-0.201 Permit Processing Fee.

Specific Authority 373.044, 373.046, 373.109, 373.113, 373.149, 373.171, F.S. Law
Implemented 373.046, 373.085, 373.109, 373.219, 373.337, 373.413, 373.4135, 373.414,
373.416, F.S. History – Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly
16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Transferred to
40D-1.607.

40D-0.381 Limiting Conditions.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.085,
373.219, 373.413, 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-0.12, Amended
2-10-93, Transferred to 40D-1.6105.

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40D-1
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-1
PROCEDURAL

40D-1.001 Policy and Purpose. (Repealed)


40D-1.002 Delegation of Authority.
40D-1.014 Final Order Index. (Transferred)
40D-1.091 Publications and Agreements Incorporated by Reference. (Repealed)
40D-1.102 Definitions.
40D-1.105 Description of Organization. (Repealed)
40D-1.107 Basins.
40D-1.121 Notice and Hearing Requirements. (Repealed)
40D-1.132 Agency Clerk. (Repealed)
40D-1.133 Final Order Index. (Repealed)
40D-1.139 Americans With Disabilities Act and Discrimination in Federally Funded Programs Public Grievance
Procedures. (Repealed)
40D-1.140 District Funds.
40D-1.181 Declaratory Statements. (Repealed)
40D-1.1900 Bonds. (Transferred)
40D-1.1901 Forms and Instructions. (Transferred)
40D-1.201 District Funds. (Transferred)
40D-1.202 Americans With Disabilities Act and Discrimination in Federally Funded Programs Public Grievance
Procedures. (Transferred)
40D-1.2025 Meetings and Workshops. (Repealed)
40D-1.203 Agendas and Notices. (Repealed)
PART III RULEMAKING PROCEEDINGS
40D-1.301 Commencement of Proceedings. (Repealed)
40D-1.303 Notice of Proceedings and the Proposed Rules. (Repealed)
40D-1.307 Content of Notice. (Repealed)
40D-1.311 Petitions to Initiate Rulemaking Proceedings. (Repealed)
40D-1.313 District Action on Petitions to Initiate Rulemaking Proceedings. (Repealed)
40D-1.327 Rulemaking Materials. (Repealed)
40D-1.330 Rulemaking Proceeding – No Hearing. (Repealed)
40D-1.331 Rulemaking Proceeding – Hearing. (Repealed)
40D-1.335 Incorporation by Reference. (Repealed)
40D-1.337 Emergency Rule Adoption. (Repealed)
40D-1.371 Reapplying for Permits. (Repealed)
40D-1.391 Bonds. (Transferred)
PART IV DECLARATORY STATEMENTS
40D-1.401 General. (Repealed)
40D-1.405 Purpose and Use of Declaratory Statement. (Repealed)
40D-1.407 District Disposition. (Repealed)
PART V DECISIONS DETERMINING SUBSTANTIAL INTERESTS
SUBPART A GENERAL PROVISIONS
40D-1.501 Policy and Purpose. (Repealed)
40D-1.502 Presiding Officer. (Repealed)
40D-1.503 Computation of Time. (Repealed)
40D-1.504 Parties. (Repealed)
40D-1.505 Appearances for Parties; Criteria for Authorized Representation. (Repealed)
40D-1.506 Consolidation. (Repealed)
40D-1.507 Joinder of Parties. (Repealed)
40D-1.508 Disqualification. (Repealed)
40D-1.509 Signing, Filing and Service of Pleadings. (Repealed)
40D-1.510 Procedural Rules. (Repealed)
40D-1.511 Point of Entry Into Proceedings. (Repealed)

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December 7, 2009 PROCEDURAL Chapter 1

SUBPART B FORMAL PROCEEDINGS


40D-1.521 Initiation of Formal Proceedings. (Repealed)
40D-1.522 Amendment of Petitions. (Repealed)
40D-1.523 Answer. (Repealed)
40D-1.524 Motions. (Repealed)
40D-1.525 Motions in Opposition to Petition. (Repealed)
40D-1.526 Prehearing Conferences. (Repealed)
40D-1.527 Intervention. (Repealed)
40D-1.528 Discovery. (Repealed)
40D-1.529 Notice of Hearing. (Repealed)
40D-1.530 Continuances. (Repealed)
40D-1.531 Dismissal and Default. (Repealed)
40D-1.541 Subpoenas. (Repealed)
40D-1.542 Witness Fees. (Repealed)
40D-1.543 Order of Presentation. (Repealed)
40D-1.544 Burden of Proof. (Repealed)
40D-1.545 Witnesses. (Repealed)
40D-1.546 Evidence. (Repealed)
40D-1.547 Recordation. (Repealed)
40D-1.548 Venue. (Repealed)
40D-1.561 Post-Hearing Memoranda. (Repealed)
40D-1.562 Recommended Order. (Repealed)
40D-1.564 Exceptions to Recommended Order. (Repealed)
40D-1.565 Final Orders. (Repealed)
SUBPART C INFORMAL PROCEEDINGS
40D-1.571 Informal Proceedings. (Repealed)
40D-1.572 Submission of Evidence. (Repealed)
40D-1.573 Final Orders. (Repealed)
PART VI PERMITTING
40D-1.600 Permit Applications – General and Noticed General Permits. (Repealed)
40D-1.601 Minimum Rates of Flow and Levels. (Transferred)
40D-1.602 Permits Required.
40D-1.603 Permit Application Procedures.
40D-1.6035 Application Procedures for Noticed General Environmental Resource Permits. (Repealed)
40D-1.604 Bonds.
40D-1.605 Content of Application. (Repealed)
40D-1.6051 Timeframe for Providing Requested Information.
40D-1.6052 Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C.
40D-1.606 Denial of Environmental Resource Permit Applications. (Repealed)
40D-1.607 Permit Processing Fee.
40D-1.608 Permit Fee Reduction for Certain Counties and Municipalities.
40D-1.6105 Limiting Conditions.
40D-1.659 Forms and Instructions.
PART VII CONTRACTUAL TRANSACTIONS
40D-1.750 Contract Bidding – Resolution of Protests. (Repealed)
PART IX INVESTIGATIONS; ENFORCEMENT
40D-1.901 Forms and Instructions. (Transferred)
40D-1.902 District Investigations and Probable Cause Determination.
40D-1.905 Administrative Enforcement Action. (Repealed)
40D-1.907 Emergency Action. (Repealed)
40D-1.909 Judicial Enforcement. (Repealed)
PART X EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE
SUBPART A VARIANCE OR WAIVER
40D-1.1001 Variances from Water Well Construction Rules. (Chapter 40D-3, F.A.C.)
40D-1.1002 Variances from Water Shortage Rules. (Chapter 40D-21, F.A.C.)
40D-1.1003 Time for Consideration of a Petition for an Emergency Variance or Waiver.

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SUBPART B DECISIONS DETERMINING SUBSTANTIAL INTEREST


40D-1.1010 Point of Entry into Proceedings.
SUBPART C EMERGENCY PERMIT AUTHORIZATIONS
40D-1.1020 Timeframe for Providing Requested Information. (Transferred)
40D-1.1021 Emergency Authorization of Permits for Activities Regulated Under Part IV of Chapter 373, F.S.
40D-1.1022 Emergency Authorization for Well Construction Permits.
40D-1.1023 Emergency Authorization for Works of the District Permits. (Repealed)
40D-1.1024 Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C. (Transferred)

40D-1.001 Policy and Purpose.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.016, F.S. History – Readopted
10-5-74, Formerly 16J-0.01, 40D-0.011, Repealed 7-2-98.

40D-1.002 Delegation of Authority.


(1) The Board of Trustees of the Internal Improvement Trust Fund, pursuant to Rule 18-21.0051, F.A.C., has
delegated to the Governing Board the authority to review and take final agency action on certain applications to use
sovereign submerged lands. Rule 18-21.0051, F.A.C., also provides that the Governing Board may delegate review
and decision making authority to District staff. Therefore, the Governing Board further delegates this authority to
the Executive Director, the Assistant Executive Director, the Deputy Executive Director for Resource Regulation,
the Director of Technical Services and the Regulation Department Directors, when an application to use sovereign
submerged lands involves an activity which is reviewed pursuant to the general permit procedures of Chapters 40D-
40 or 40D-400, F.A.C.
(2) The Governing Board delegates to the Executive Director, the Deputy Executive Director for Resource
Regulation, the Regulation Performance Management Director, the Regulation Program Director - WUP Program,
and the Demand Management Coordinator the authority to take final agency action on petitions for variances and
waivers pursuant to Rule 40D-21.441, F.A.C., 40D-1.1002(5), F.A.C., and 40D-22.303, F.A.C.
(3) The Governing Board hereby incorporates by reference the following documents:
(a) Well Construction Permitting Agreement Between the Southwest Florida Water Management District
and Manatee County Board of County Commissioners, effective May 24, 2005.
(b) Well Construction Permitting Agreement Between the Southwest Florida Water Management District
and Sarasota County, effective May 24, 2005, and the First Amendment to Well Construction Permitting Agreement
Between the Southwest Florida Water Management District and Sarasota County, Florida, effective July 13, 2006.
(c) Well Construction Permitting Agreement Between the Southwest Florida Water Management District
and Marion County Health Department, effective October 1, 2009.

Rulemaking Authority 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309, F.S. Law Implemented
253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308,
373.309, 373.427, F.S. History - New 3-1-84, Amended 3-10-96, 7-22-99, 12-2-99, 9-26-02, 7-20-04, 10-19-05, 5-
21-06, 7-13-06, 12-24-07, 5-12-08, 12-7-09.

40D-1.014 Final Order Index.

Specific Authority 120.53(1), 373.044, 373.114, F.S. Law Implemented 120.53(2), F.S. History – New 7-13-93,
Transferred to 40D-1.133.

40D-1.091 Publications and Agreements Incorporated by Reference.

Specific Authority 120.54(8), 373.044, 373.046, 373.113, 373.171, 373.414, F.S. Law Implemented 120.54(8),
373.046, 373.403, 373.413, 373.414, 373.416, 373.429, F.S. History – New 12-22-94, Amended 3-31-96, Repealed
7-2-98.

40D-1.102 Definitions.
The terms set forth herein shall have the meanings ascribed to them unless the context clearly indicates
otherwise, and such meanings shall apply throughout these rules. To facilitate easier reference, certain terms

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December 7, 2009 PROCEDURAL Chapter 1

defined by applicable statute have been included herein with appropriate citation. Terms which apply to only one
(1) chapter of these rules are defined in the respective chapter.
(1) “Act” means the Florida Water Resources Act of 1972, as amended, together with all provisions of Chapter
373, F.S., relating to Water Management Districts and any amendments thereto which may be made from time to
time.
(2) “Aquifer” means a hydrologic unit which consists of a geologic formation, a related group of formations, or
only part of a formation, which is saturated with water and capable of transmitting usable quantities of water to
wells or springs.
(3) “Board” means the Governing Board.
(4) “Consumptive use” means any use of water which reduces the supply from which it is withdrawn or
diverted.
(5) “District” means the Southwest Florida Water Management District.
(6) “Domestic use” means any use of water for individual personal needs or for household purposes such as
drinking, bathing, heating, cooking, or sanitation. Section 373.019(6), F.S.
(7) “Executive Director” means the Executive Director of the District or the person designated by the Board to
act in his absence.
(8) “Governing Board” means the Governing Board of the Southwest Florida Water Management District.
(9) “Impoundment” means any natural or manmade lake, reservoir, pond, or other containment of water
occupying a bed or depression in the earth’s surface and having a discernible shoreline.
(10) “Minimum rate of flow” means the limit at which further withdrawals from a stream or other watercourse
would be significantly harmful to the water resources or ecology of the area.
(11) “Minimum level” means the level of the water table or of the potentiometric surface of water in an aquifer
or the level of surface water at which further withdrawals would be significantly harmful to the water resources of
the area.
(12) “Other watercourse” means any canal, ditch, or other artificial watercourse in which water usually flows in
a defined bed or channel. It is not essential that the flowing be uniform or uninterrupted. Section 373.019(14), F.S.
(13) “Otherwise control” means any contractual right, rental agreement, license, or permit from an owner which
an applicant has to exercise authority over certain property, especially insofar as it relates to the water resources of
the property.
(14) “Person” means any and all persons, natural or artificial, including any individual, firm, association,
organization, partnership, business trust, corporation, company, the United States of America, and the State and all
political subdivisions, regions, districts, municipalities, and public agencies thereof. The enumeration herein is not
intended to be exclusive or exhaustive. Section 373.019(15), F.S.
(15) “Reasonable-beneficial use” means the use of water in such quantity as is necessary for economic and
efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.
Section 373.019(16), F.S.
(16) “Reservoir” means any artificial or natural holding area which contains or will contain the water
impounded by a dam. Section 373.403(4), F.S.
(17) “Stream” means any river, creek, slough or natural watercourse.
(18) “Water” or “waters in the District” means any and all water on or beneath the surface of the ground or in
the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water
percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the
jurisdiction of the District.
(19) “Water Regulatory District” means the Southwest Florida Water Management District (Regulatory) created
October 30, 1968, pursuant to authority of Chapter 373, F.S.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.019, 373.046, 373.073,
373.079, 373.103, 373.403, F.S. History – Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.02, 40D-0.021.

40D-1.105 Description of Organization.

Specific Authority 373.044, 373.113, 373.149, 373.171 F.S. Law Implemented 373.169 F.S., Chapters 76-243, 61-
691, Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-
0.001(1)-(8), Amended 7-1-84, Formerly 40D-0.001, Repealed 7-2-98.

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40D-1.107 Basins.
Pursuant to Section 5 of Chapter 61-691, Laws of Florida, the area of the District is divided into watershed
basins to include each major stream and its tributary streams and all lands draining therein except the area known as
the Green Swamp Watershed Basin.
(1) The area of the Green Swamp Basin is located in parts of Lake, Sumter, Pasco, and Polk Counties.
(a) That portion of the Green Swamp Basin lying within Lake County is described as follows:
Begin at intersection of Lake-Sumter County line with Lake-Polk County line;
Thence north along Lake-Sumter County line to northwest corner of Section 6, Township 23 South,
Range 24 East;
Thence east along township line between Townships 22 and 23 South, to the northeast corner of
Section 1, Township 23 South, Range 24 East;
Thence south along the range line between Ranges 24 and 25 East; to the southwest corner of Section
6, Township 24 South, Range 25 East;
Thence east along the section lines to the northeast corner of Section 8, Township 24 South, Range 25
East;
Thence south to the southeast corner of Section 8, Township 24 South, Range 25 East;
Thence east along the section line to the northeast corner of Section 16, Township 24 South, Range 25
East;
Thence south along the section lines to the southeast corner of Section 21, Township 24 South, Range
25 East;
Thence east along the section lines to the northeast corner of Section 30, Township 24 South, Range 26
East;
Thence south along the section lines to the southeast corner of Section 31, Township 24 South, Range
26 East and the Lake-Polk County line;
Thence west along the Lake-Polk County line, also being the township line between Townships 24 and
25 South, to the southwest corner of Section 35, Township 24 South, Range 25 East;
Thence north to the northwest corner of Section 35, Township 24 South, Range 25 East;
Thence west along the section lines to the southwest corner of Section 30, Township 24 South, Range
25 East;
Thence south to the southeast corner of Section 36, Township 24 South, Range 24 East and the Lake-
Polk County line;
Thence west along the Lake-Polk County line, also being the township line between Townships 24 and
25 South, to the southwest corner of Section 31, Township 24 South, Range 24 East and the Point of Beginning.
(b) That portion of the Green Swamp Basin lying within Sumter County is described as follows:
Begin at intersection of Sumter-Polk County line with Sumter-Pasco County line;
Thence north along Sumter-Pasco County line to northwest corner of Section 6, Township 23 South,
Range 23 East;
Thence east along township line to intersection with Sumter-Lake County line;
Thence south along Sumter-Lake County line to intersection with Polk-Lake County line;
Thence continue southerly and westerly along Sumter-Polk County line to Point of Beginning.
(c) That portion of the Green Swamp Basin lying within Pasco County is described as follows:
Begin at southwest corner of Section 31, Township 25 South, Range 22 East;
Thence north along range line to northwest corner of Section 6, Township 25 South, Range 22 East;
Thence east along township line to intersection with Pasco-Sumter County line;
Thence south along Pasco-Sumter county line to intersection with Polk-Sumter County line;
Thence continue south and west along Pasco-Polk County line to northwest corner of Section 3,
Township 26 South, Range 22 East;
Thence continue west along township line to Point of Beginning.
(d) That portion of the Green Swamp Basin lying within Polk County is described as follows:
Begin at northwest corner of Section 31, Township 25 South, Range 23 East;
Thence north along the range line between Ranges 22 and 23 East and the Polk-Pasco line to the
Sumter County line and the Withlacoochee River;
Thence easterly along the Polk-Sumter County line, also being the Withlacoochee River, to the
intersection with the range line between Ranges 23 and 24 East;
Thence north along the range line, also being the Polk-Sumter County line to the northwest corner of
Section 6, Township 25 South, Range 24 East, and the Lake County line;

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Thence east along the Polk-Lake County line to the northeast corner of Section 1, Township 25 South,
Range 24 East;
Thence north along the range line between Ranges 24 and 25 East, to the northwest corner of Section
31, Township 24 South, Range 25 East;
Thence east along the section lines, also being the Polk-Lake County line, to the northeast corner of
Section 34, Township 24 South, Range 25 East;
Thence south to the southeast corner of Section 34, Township 24 South, Range 25 East;
Thence east along the Polk-Lake County line, also being the township line, to the northeast corner of
Section 1, Township 25 South, Range 26 East;
Thence south along the Polk-Osceola County line to the southwest corner of Section 18, Township 26
South, Range 27 East;
Thence east to the northeast corner of Section 19, Township 26 South, Range 27 East;
Thence south along the section lines to southwest corner of Section 32, Township 26 South, Range 27
East;
Thence east to the northeast corner of Section 5, Township 27 South, Range 27 East;
Thence south along the section lines to the southeast corner of Section 20, Township 27 South, Range
27 East;
Thence west along the section lines to the southwest corner of Section 23, Township 27 South, Range
26 East;
Thence south to the southwest corner of Section 26, Township 27 South, Range 26 East;
Thence west to the southeast corner of Section 28, Township 27 South, Range 26 East;
Thence north to the northeast corner of Section 21, Township 27 South, Range 26 East;
Thence west to the northeast corner of Section 20, Township 27 South, Range 26 East;
Thence north to the northeast corner of Section 17, Township 27 South, Range 26 East;
Thence west to the southeast corner of Section 7, Township 27 South, Range 26 East;
Thence south to the southeast corner of Section 19, Township 27 South, Range 26 East;
Thence west to the southeast corner of Section 24, Township 27 South, Range 25 East;
Thence south along the range line between Ranges 25 and 26 East to the southeast corner of Section
36, Township 27 South, Range 25 East;
Thence west along the Township line between Townships 27 and 28 South to the southwest corner of
Section 35, Township 27 South, Range 25 East;
Thence north along the sections to the northeast corner of Section 27, Township 27 South, Range 25
East;
Thence west along the sections to the southwest corner of Section 21, Township 27 South, Range 25
East;
Thence north to the northeast corner of Section 20, Township 27 South, Range 25 East;
Thence west to the southeast corner of Section 18, Township 27 South, Range 25 East;
Thence south to the southeast corner of Section 19, Township 27 South, Range 25 East;
Thence west along the sections to the southwest corner of Section 20, Township 27 South, Range 24
East;
Thence north to the northeast corner of Section 19, Township 27 South, Range 24 East;
Thence west to the southwest corner of Section 18, Township 27 South, Range 24 East;
Thence north along the range line between Ranges 23 and 24 East, to the southeast corner of Section
12, Township 27 south, Range 23 East;
Thence west to the southwest corner of Section 12, Township 27 South, Range 23 East;
Thence north to the northwest corner of Section 1, Township 27 South, Range 23 East;
Thence west along the township line between Townships 26 and 27 South to the southwest corner of
Section 35, Township 26 South, Range 23 East;
Thence north to the southwest corner of Section 26, Township 26 South, Range 23 East;
Thence west to the southwest corner of Section 27, Township 26 South, Range 23 East;
Thence north along the sections to the northeast corner of Section 16, Township 26 south, Range 23,
East;
Thence west to the southwest corner of Section 9, Township 26 South, Range 23 East;
Thence along the sections to the northeast corner of Section 5, Township 26 South, Range 23 East;
Thence west along the township line between Townships 25 and 26 South to the southwest corner of
Section 32, Township 25 South, Range 23 East;

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Thence north to the northeast corner of Section 31, Township 25 South, Range 23 East;
Thence west to the northwest corner of Section 31, Township 25 South, Range 23 East and the Point of
Beginning.
(2) The area of Alafia River Basin is located in parts of Hillsborough and Polk Counties.
(a) That portion of the Alafia River Basin lying within Hillsborough County is described as follows:
Begin at intersection of Hillsborough-Manatee County line with Gulf of Mexico;
Thence easterly along Hillsborough-Manatee County line to intersection with Hillsborough-Polk
County line;
Thence north along Hillsborough-Polk county line to northeast corner of Section 25, Township 28
South, Range 22 East;
Thence west to northwest corner of Section 27, Township 28 south, Range 22 East;
Thence south to southeast corner of Section 33, Township 28 South, Range 22 East;
Thence west to southwest corner of Section 32, Township 28 South, Range 22 East;
Thence south to southeast corner of Section 6, Township 29 South, Range 22 East;
Thence west to southwest corner of Section 6, Township 29 South, Range 22 East;
Thence north to northeast corner of Section 1, Township 29 South, Range 21 East;
Thence west to northeast corner of Section 4, Township 29 South, Range 21 East;
Thence south to southeast corner of Section 9, Township 29 South, Range 21 East;
Thence west to northwest corner of Section 17, Township 29 South, Range 21 East;
Thence south to southwest corner of Section 17, Township 29 South, Range 21 East;
Thence west to southeast corner of Section 14, Township 29 South, Range 20 East;
Thence south to southwest corner of Section 24, Township 29 South, Range 20 East;
Thence west to McKay Bay and section line between Sections 21 and 28, Township 29 South, Range
19 East;
Thence southerly and westerly through McKay, Hillsborough, and Tampa Bays to Point of Beginning.
(b) That portion of the Alafia River Basin lying within Polk County is described as follows:
Begin at the northwest corner of Section 30, Township 28 South, Range 23 East;
Thence east to the northeast corner of Section 30, Township 28 South, Range 23 East;
Thence south to the southeast corner of Section 30, Township 28 South, Range 23 East;
Thence east along the sections to the northeast corner of Section 34, Township 28 South, Range 23
East;
Thence south to the southeast corner of Section 34, Township 28 South, Range 23 East;
Thence east along the township line between Townships 28 and 29 South to the northeast corner of
Section 1, Township 29 South, Range 23 East;
Thence south along the range line between Ranges 23 and 24 East to the northeast corner of Section
12, Township 29 South, Range 23 East;
Thence east to the northeast corner of Section 7, Township 29 South, Range 24 East;
Thence south to the southeast corner of Section 7, Township 29 South, Range 24 East;
Thence east to the northeast corner of Section 17, Township 29 South, Range 24 East;
Thence south to the southeast corner of Section 17, Township 29 South, Range 24 East;
Thence west to the southwest corner of Section 17, Township 29 South Range 24 East;
Thence south to the southeast corner of Section 19, Township 29 South, Range 24 East;
Thence east to the northeast corner of Section 29, Township 29 South, Range 24 East;
Thence south along the sections to the southeast corner of Section 32, Township 29 South, Range 24
East;
Thence east along the township line between Townships 29 and 30 South to the northeast corner of
Section 4, Township 30 South, Range 24 East;
Thence south along the sections to the southeast corner of Section 28, Township 30 South, Range 24
East;
Thence east to the northeast corner of Section 34, Township 30 South, Range 24 East;
Thence south along the sections to the southeast corner of Section 34, Township 31 South, Range 24
East;
Thence west along the township line between Townships 31 and 32 South to the southwest corner of
Section 31, Township 31 South, Range 24 East;
Thence north to the northwest corner of Section 31, Township 31 South, Range 24 East;

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Thence west along the sections to the northeast corner of Section 34, Township 31 South, Range 23,
East;
Thence south to the southeast corner of Section 34, Township 31 South, Range 23 East;
Thence west along the township line between Townships 31 and 32 South to the northeast corner of
Section 4, Township 32 South, Range 23 East;
Thence south to the southeast corner of Section 4, Township 32 South, Range 23 East;
Thence west along the sections to the northeast corner of Section 7, Township 32 South, Range 23
East;
Thence south to the southeast corner of Section 7, Township 32 South, Range 23, East;
Thence west to the southwest corner of Section 7, Township 32 South, Range 23 East;
Thence north along the range line between Ranges 22 and 23 East to the northwest corner of Section
30, Township 28 South, Range 23 East to Point of Beginning.
(3) That portion of the Coastal Rivers Basin located within Citrus County is described as follows:
Begin at intersection of Citrus-Hernando County line with Gulf of Mexico;
Thence east along Citrus-Hernando County line to southeast corner of Section 11, Township 21 South,
Range 19 East;
Thence north to northeast corner of Section 11, Township 21 South, Range 19 East;
Thence west to southwest corner of Section 2, Township 21 South, Range 19 East;
Thence north to northwest corner of Section 35, Township 20 South, Range 19 East;
Thence east to southeast corner of Section 26, Township 20 South, Range 19 East;
Thence north to northeast corner of Section 23, Township 20 South, Range 19 East;
Thence west to southwest corner of Section 15, Township 20 South, Range 19 East;
Thence north to northeast corner of Section 4, Township 20 South, Range 19 East;
Thence west to southwest corner of Section 33, Township 19 South, Range 19 East;
Thence north to northeast corner of Section 6, Township 19 South, Range 19 East;
Thence west to southwest corner of Section 31, Township 18 South, Range 19 East;
Thence north to northeast corner of Section 25, Township 18 South, Range 18 East;
Thence west to southwest corner of Section 21, Township 18 South, Range 18 East;
Thence north to northeast corner of Section 17, Township 18 South, Range 18 East;
Thence west to southwest corner of Section 8, Township 18 South, Range 18 East;
Thence north to northeast corner of Section 7, Township 18 South, Range 18 East;
Thence west to southwest corner of Section 6, Township 18 South, Range 18 East;
Thence north to northeast corner of Section 1, Township 18 South, Range 17 East;
Thence west to southwest corner of Section 31, Township 17 South, Range 17 East;
Thence north to northeast corner of Section 36, Township 17 South, Range 16 East;
Thence west to southwest corner of Section 25, Township 17 South, Range 16 East;
Thence north to northeast corner of Section 23, Township 17 South, Range 16 East;
Thence west to Gulf of Mexico;
Thence south along coast of Gulf of Mexico to Point of Beginning.
(4) The area of the Hillsborough River Basin is located in parts of Hillsborough, Polk, Pasco, and Hernando
Counties.
(a) That portion of the Hillsborough River Basin located within Hillsborough County is described as
follows:
Begin at the point on the Hillsborough-Pinellas County line one mile south of Road 60 in Old Tampa
Bay;
Thence continue east and south along Hillsborough-Polk County line to southeast corner of Section 24,
Township 28 South, Range 22 East;
Thence west to northwest corner of Section 27, Township 28 South, Range 22 East;
Thence south to southeast corner of Section 33, Township 28 South, Range 22 East;
Thence west to southwest corner of Section 32, Township 28 South, Range 22 East;
Thence south to southeast corner of Section 6, Township 29 South, Range 22 East;
Thence west to southwest corner of Section 6, Township 29 South, Range 22 East;
Thence north to northeast corner of Section 1, Township 29 South, Range 21 East;
Thence west to northeast corner of Section 4, Township 29 South, Range 21 East;
Thence south to southeast corner of Section 9, Township 29 South, Range 21 East;
Thence west to northwest corner of Section 17, Township 29 South, Range 21 East;

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Thence south to southwest corner of Section 17, Township 29 South, Range 21 East;
Thence west to southeast corner of Section 14, Township 29 South, Range 20 East;
Thence south to southwest corner of Section 24, Township 29 South, Range 20 East;
Thence west to McKay Bay and section line between Sections 21 and 28, Township 29 South, Range
19 East;
Thence southerly and westerly through McKay, Hillsborough and Tampa Bays, to the Hillsborough-
Pinellas County line; thence northerly and westerly in Tampa Bay along the Hillsborough-Pinellas County line to
Point of Beginning.
(b) That portion of the Hillsborough River Basin located within Polk County is described as follows:
Begin at southeast corner of Section 36, Township 26 South, Range 22 East;
Thence west along Polk-Hillsborough County line to intersection with Polk-Pasco County line;
Thence north and east along Polk-Pasco County line to northeast corner of Section 1, Township 26
South, Range 22 East;
Thence north along the range line between Ranges 22 and 23 East and the Polk-Pasco County line to
the northwest corner of Section 31, Township 25 South, Range 23 East;
Thence east to the northeast corner of Section 31, Township 25 South, Range 23 East;
Thence south to the southeast corner of Section 31, Township 25 South, Range 23 East;
Thence east along the township line between Townships 25 and 26 South to the northeast corner of
Section 5, Township 26 South, Range 23 East;
Thence south along the sections to the southeast corner of Section 8, Township 26 South, Range 23
East;
Thence east to the northeast corner of Section 16, Township 26 South, Range 23 East;
Thence south along the sections to the southeast corner of Section 28, Township 26 South, Range 23
East;
Thence east to the northeast corner of Section 34, Township 26 South, Range 23 East;
Thence south to the southeast corner of Section 34, Township 26 South, Range 23 East;
Thence east along the township line between Townships 26 and 27 South to the northeast corner of
Section 2, Township 27 South, Range 23 East;
Thence south along the sections to the northeast corner of Section 14, Township 27 South, Range 23
East;
Thence east to the northeast corner of Section 13, Township 27 South, Range 23 East;
Thence south along the range line between Ranges 23 and 24 East to the southeast corner of Section
13, Township 27 South, Range 23, East;
Thence west to the southwest corner of Section 13, Township 27 South, Range 23 East;
Thence south along the sections to the northwest corner of Section 13, Township 28 South, Range 23
East;
Thence east to the northeast corner of Section 13, Township 28 South, Range 23 East;
Thence south along the range line between Ranges 23 and 24 East to the southeast corner of Section
36, Township 28 South, Range 23 East;
Thence west along the township line between Townships 28 and 29 south to the southwest corner of
Section 35, Township 28 South, Range 23, East;
Thence north to the southwest corner of Section 26, Township 28 South, Range 23 East;
Thence west along the sections to the southwest corner of Section 29, Township 28 South, Range 23,
East;
Thence north to the northwest corner of Section 29, Township 28, South, Range 23 East;
Thence west to the southwest corner of Section 19, Township 28 South, Range 23 East;
Thence north along the range line between Ranges 22 and 23 East to the southeast corner of Section
36, Township 26 South, Range 22 East to Point of Beginning.
(c) That portion of the Hillsborough River Basin Located within Pasco County is described as follows:
Begin at southwest corner of Section 36, Township 26 South, Range 18 East;
Thence north to northwest corner of Section 13, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 12, Township 25 South, Range 18 East;
Thence north to northwest corner of Section 7, Township 25 South, Range 19 East;
Thence east to southeast corner of Section 6, Township 25 South, Range 19 East;
Thence north to northwest corner of Section 5, Township 25 South, Range 19 East;
Thence east to southeast corner of Section 33, Township 24 South, Range 19 East;

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Thence north to northwest corner of Section 34, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 27, Township 24 South, Range 19 East;
Thence north to northwest corner of Section 26, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 23, Township 24 South, Range 19 East;
Thence north along the sections to Pasco-Hernando County line;
Thence east along the township line between Townships 23 and 24 South and the Pasco-Hernando
County line to northeast corner of Section 2, Township 24 South, Range 20 East;
Thence south to southwest corner of Section 1, Township 25 South, Range 20 East;
Thence east to northeast corner of Section 7, Township 25 South, Range 21 East;
Thence north to northwest corner of Section 5, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 5, Township 25 South, Range 21 East;
Thence south to southeast corner of Section 5, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 10, Township 25 South, Range 21 East;
Thence south to southwest corner of Section 11, Township 25 South, Range 21 East;
Thence east to the northeast corner of Section 14, Township 25 South, Range 21 East;
Thence south to the northwest corner of Section 36, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 36, Township 25 South, Range 21 East;
Thence south to southwest corner of Section 31, Township 25 South, Range 22 East;
Thence east to northeast corner of Section 4, Township 26 South, Range 22 East;
Thence south along the sections and the Pasco-Polk County line to intersection with Pasco-
Hillsborough County line;
Thence west along the township line between Townships 26 and 27 South and the Pasco-Hillsborough
County line to Point of Beginning.
(5) The area of the Manasota Basin is located within Manatee and Sarasota Counties.
(a) That portion of the Manasota Basin in Manatee County is described as follows:
Begin at intersection of Hillsborough-Manatee County line with Gulf of Mexico;
Thence easterly along Hillsborough-Manatee County line to intersection with Manatee-Hardee county
line;
Thence south along the Manatee-Hardee County line to the southeast corner of Section 36, Township
37 South, Range 22 East;
Thence west along the Manatee-Sarasota County line to the southwest corner of Section 31, Township
37 South, Range 21 East;
Thence north along the Manatee-Sarasota County line to the southeast corner of Section 36, Township
35 South, Range 20 East;
Thence west along the Manatee-Sarasota County line to Gulf of Mexico;
Thence north along the coast of Gulf of Mexico to Point of Beginning.
(b) That portion of Manasota Basin in Sarasota County is described as follows:
Begin at intersection of Manatee-Sarasota County line with Gulf of Mexico;
Thence east along the Manatee-Sarasota County line to the northeast corner of Section 1, Township 36
South, Range 20 East;
Thence south along the Manatee-Sarasota County line to the northwest corner of Section 6, Township
38 South, Range 21 East;
Thence east along the Manatee-Sarasota County line to the Sarasota-DeSoto County line;
Thence south along the DeSoto-Sarasota County line to the Charlotte-Sarasota County line;
Thence west along the Charlotte-Sarasota County line to the Southeast corner of Section 36, Township
39 South, Range 20 East;
Thence south along the Charlotte-Sarasota County line to the northeast corner of Section 1, Township
41 South, Range 20 East;
Thence west along the Charlotte-Sarasota County line to the Gulf of Mexico;
Thence north along coast of Gulf of Mexico to Point of Beginning.
(6) The area of the Pinellas-Anclote River Basin is located in parts of Pinellas and Pasco Counties.
(a) That portion of the Pinellas-Anclote River Basin located within Pinellas County is described as
follows:
Begin at the point on the Pinellas-Hillsborough County line one mile south of Road 60 in Old Tampa
Bay;
Thence north along Pinellas-Hillsborough County line to intersection with Pinellas-Pasco County line;

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Thence west along Pinellas-Pasco County line to Gulf of Mexico;


Thence southerly in Gulf of Mexico to Pinellas-Hillsborough County line;
Thence easterly and northerly along Pinellas-Hillsborough County line to Point of Beginning.
(b) That portion of the Pinellas-Anclote River Basin located within Pasco County is described as follows:
Begin at southeast corner of Section 35, Township 26 South, Range 18 East;
Thence north to northeast corner of Section 35, Township 25 South, Range 18 East;
Thence west to northwest corner of Section 32, Township 25 South, Range 18 East;
Thence south to southeast corner of Section 31, Township 25 South, Range 18 East;
Thence west along township line to northwest corner of Section 2, Township 26 South, Range 17 East;
Thence south to southeast corner of Section 3, Township 26 South, Range 17 East;
Thence west to northwest corner of Section 9, Township 26 South, Range 17 East;
Thence south to southeast corner of the north one-half of Section 8, Township 26 South, Range 17
East;
Thence west to the northwest corner of the south one-half of Section 8, Township 26 South, Range 17
East;
Thence south to the northwest corner of Section 17, Township 26 South, Range 17 East;
Thence west to northwest corner of Section 16, Township 26 South, Range 16 East;
Thence south to southeast corner of the Section 17, Township 26 South, Range 16 East;
Thence west to northwest corner of Section 20, Township 26 South, Range 16 East;
Thence south to southeast corner of Section 30, Township 26 South, Range 16 East;
Thence west to Gulf of Mexico;
Thence southerly in Gulf of Mexico to Pasco-Pinellas County line;
Thence east along Pasco-Pinellas County line to Point of Beginning.
(7) (a) That portion of the Coastal Rivers Basin located within Hernando County is described as follows:
Begin at intersection of Gulf of Mexico with Hernando-Pasco County line;
Thence east along Hernando-Pasco County line to southeast corner of Section 32, Township 23 South,
Range 20 East;
Thence north to the northeast corner of Section 32, Township 23 South, Range 20 East;
Thence west to the northwest corner of Section 32, Township 23 South, Range 20 East;
Thence north to the northeast corner of Section 30, Township 23 South, Range 20 East;
Thence west to the northwest corner of Section 25, Township 23 South, Range 19 East;
Thence north to northeast corner of Section 2, Township 23 South, Range 19 East;
Thence west to southwest corner of Section 35, Township 22 South, Range 19 East;
Thence north to northwest corner of Section 14, Township 22 South, Range 19 East;
Thence east to southeast corner of Section 11, Township 22 South, Range 19 East;
Thence north to Hernando-Citrus County line;
Thence west, thence north, thence west, along Hernando-Citrus County line to Gulf of Mexico;
Thence south along shore of Gulf of Mexico to Point of Beginning.
(b) That portion of the Coastal Rivers Basin located within Pasco County is described as follows:
Begin at intersection of the section line between Sections 27 and 34, Township 26 South, Range 15
East, extended, with the Gulf of Mexico;
Thence east to southeast corner of Section 30, Township 26 South, Range 16 East;
Thence north to northwest corner of Section 20, Township 26 South, Range 16 East;
Thence east to southeast corner of Section 17, Township 26 South, Range 16 East;
Thence north to northwest corner of Section 16, Township 26 South, Range 16 East;
Thence east to southwest corner of Section 8, Township 26 South, Range 17 East;
Thence north to the northwest corner of the south one-half of Section 8, Township 26 South, Range 17
East;
Thence east to the northeast corner of the south one-half of Section 8, Township 26 South, Range 17
East;
Thence north to northwest corner of Section 9, Township 26 South, Range 17 East;
Thence east to southeast corner of Section 3, Township 26 South, Range 17 East;
Thence north to northwest corner of Section 2, Township 26 South, Range 17 East;
Thence east to southeast corner of Section 31, Township 25 South, Range 18 East;
Thence north to northwest corner of Section 32, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 26, Township 25 South, Range 18 East;

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Thence north to northwest corner of Section 13, Township 25 South, Range 18 East;
Thence east to southeast corner of Section 12, Township 25 South, Range 18 East;
Thence north to northwest corner of Section 7, Township 25 South, Range 19 East;
Thence east to southeast corner of Section 6, Township 25 South, Range 19 East;
Thence north to northwest corner of Section 5, Township 25 South, Range 19 East;
Thence east to southeast corner of Section 33, Township 24 South, Range 19 East;
Thence north to northwest corner of Section 34, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 27, Township 24 South, Range 19 East;
Thence north to northwest corner of Section 26, Township 24 South, Range 19 East;
Thence east to southeast corner of Section 23, Township 24 South, Range 19 East;
Thence north to Pasco-Hernando County line;
Thence west along Pasco-Hernando County line to Gulf of Mexico;
Thence south along shore of Gulf of Mexico to Point of Beginning.
(8) The area of the Withlacoochee River Basin is located in parts of Citrus, Hernando, Lake, Levy, Marion,
Pasco, and Sumter Counties.
(a) That portion of the Withlacoochee River Basin located within Hernando County is described as
follows:
Begin at southwest corner of Section 24, Township 23 South, Range 19 East;
Thence east to southeast corner of Section 19, Township 23 South, Range 20 East;
Thence south to northwest corner of Section 32, Township 23 South, Range 20 East;
Thence east to the northeast corner of Section 32, Township 23 South, Range 20 East;
Thence south to the southeast corner of Section 32, Township 23 South, Range 20 East;
Thence east along the township line between Townships 23 and 24 South and the Hernando-Pasco
County line to the southeast corner of Section 35, Township 23 South, Range 20 East;
Thence north to the northeast corner of Section 35, Township 23 South, Range 20 East;
Thence east to the southeast corner of Section 25, Township 23 South, Range 20 East;
Thence north along the Hernando-Pasco County line to northeast corner of Section 24, Township 23
South, Range 20 East;
Thence continue east along Hernando-Pasco County line to southeast corner of section 13, Township
23 South, Range 22 East;
Thence northerly and northwesterly along Hernando-Sumter County line to intersection with
Hernando-Citrus County line;
Thence west along Hernando-Citrus County line to northwest corner of Section 13, Township 21
South, Range 19 East;
Thence south to southeast corner of Section 11, Township 22 South, Range 19 East;
Thence west to northwest corner of Section 14, Township 22 South, Range 19 East;
Thence south to southwest corner of Section 35, Township 22 South, Range 19 East;
Thence east to northeast corner of Section 2, Township 23 South, Range 19 East;
Thence south to Point of Beginning; and
The area contained in Section 36, Township 23 South, Range 20 East.
(b) That portion of the Withlacoochee River Basin located within Pasco County is described as follows:
Begin at northwest corner of Section 1, Township 24 South, Range 20 East;
Thence south to southwest corner of Section 1, Township 25 South, Range 20 East;
Thence east to northeast corner of Section 7, Township 25 South, Range 21 East;
Thence north to northwest corner of Section 5, Township 25 South, Range 21 East;
Thence east to northeast corner of Section 5, Township 25 South, Range 21 East;
Thence south to southeast corner of Section 5, Township 25 South, Range 21 East;
Thence east to northeast corner of section 10, Township 25 South, Range 21 East;
Thence south to southwest corner of Section 11, Township 25 South, Range 21 East;
Thence east to the northeast corner of Section 14, Township 25 South, Range 21 East;
Thence south to the southwest corner of Section 25, Township 25 South, Range 21 East;
Thence east to southeast corner of Section 25, Township 25 South, Range 21 East;
Thence north to northwest corner of Section 6, Township 25 South, Range 22 East;
Thence east to Pasco-Sumter County line;
Thence north along Pasco-Sumter County line to intersection with Pasco-Hernando County line;

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December 7, 2009 PROCEDURAL Chapter 1

Thence west along Pasco-Hernando County line to northwest corner of Section 19, Township 23
South, Range 21 East;
Thence south to northeast corner of Section 1, Township 24 South, Range 20 East;
Thence west to Point of Beginning.
(c) That portion of the Withlacoochee River Basin located within Sumter County is described as follows:
Begin at southwest corner of Section 31, Township 22 South, Range 23 East;
Thence east to Sumter-Lake County line;
Thence north along Sumter-Lake County line to intersection of Sumter-Marion County line;
Thence west along Sumter-Marion County line to intersection of Sumter-Citrus County line;
Thence southerly along Sumter-Citrus County line to intersection with Citrus-Hernando County line;
Thence southerly along Sumter-Hernando County line to Point of Beginning.
(d) That portion of the Withlacoochee River Basin lying within Marion County is described as follows:
All of that portion of Marion County lying west of the westerly right-of way line of U.S. Interstate
Route 75.
(e) That portion of the Withlacoochee River Basin lying within Levy County is described as follows:
Begin where the easterly line of Levy County intersects the Withlacoochee River, said line also being
the range line between Ranges 17 and 18 East;
Thence north, along the range line, to the northeast corner of Section 1, Township 15 South, Range 17
East;
Thence east, along the township line between Townships 14 and 15 South, to the southeast corner of
Section 33, Township 14 South, Range 19 East and the Marion County line;
Thence north, along the section lines, also being the Levy County line, to the northeast corner of
Section 4, Township 12 South, Range 19 East, and the Alachua County line;
Thence westerly, along the township line, also being the Levy-Alachua County line, to the northeast
corner of Section 1, Township 12 South, Range 17 East;
Thence north, along the Levy-Alachua County line, also being the range line between Ranges 17 and
18 East, to the southerly right-of-way line of State Road No. 24;
Thence southwesterly along said southerly right-of-way line to the easterly right-of-way line of State
Road No. 337;
Thence southerly, along said easterly right-of-way line of State Road No. 337, to the south line of
Section 35, Township 14 South, Range 17 East;
Thence west along the section line to the northwest corner of Section 3, Township 15 South, Range 17
East;
Thence south along the section lines to the southwest corner of Section 27, Township 15 South, Range
17 East;
Thence west to the Gulf of Mexico;
Thence south, along the Gulf of Mexico, including the waters of said gulf within the jurisdiction of the
State of Florida, to the south boundary line of Levy County and its westerly extension;
Thence easterly, along the Levy-Citrus County line to the Marion County line and the Point of
Beginning.
(f) That portion of the Withlacoochee River Basin located within Citrus County is described as follows:
Begin at southwest corner of Section 12, Township 21 South, Range 19 East;
Thence east along Citrus-Hernando County line to intersection with Citrus-Sumter County line;
Thence northerly and northwesterly along Citrus-Sumter County line to intersection with Marion-
Sumter County line;
Thence continue northwesterly along Citrus-Marion County line to intersection with Marion-Levy
County line;
Thence westerly along Citrus-Levy County line to intersection with Gulf of Mexico;
Thence south along coast of Gulf of Mexico to northwest corner of Section 19, Township 17 South,
Range 16 East;
Thence east to northeast corner of Section 23, Township 17 South, Range 16 East;
Thence south to southwest corner of Section 25, Township 17 South, Range 16 East;
Thence east to northeast corner of Section 36, Township 17 South, Range 16 East;
Thence south to southwest corner of Section 31, Township 17 South, Range 17 East;
Thence east to northeast corner of Section 1, Township 18 South, Range 17 East;
Thence south to southwest corner of Section 6, Township 18 South, Range 18 East;

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December 7, 2009 PROCEDURAL Chapter 1

Thence east to northeast corner of Section 7, Township 18 South, Range 18 East;


Thence south to southwest corner of Section 8, Township 18 South, Range 18 East;
Thence east to northeast corner of Section 17, Township 18 South, Range 18 East;
Thence south to southwest corner of Section 21, Township 18 South, Range 18 East;
Thence east to northeast corner of Section 25, Township 18 South, Range 18 East;
Thence south to southwest corner of Section 31, Township 18 South, Range 19 East;
Thence east to northeast corner of Section 6, Township 19 South, Range 19 East;
Thence south to southwest corner of Section 33, Township 19 South, Range 19 East;
Thence east to northeast corner of Section 4, Township 20 South, Range 19 East;
Thence south to southwest corner of Section 15, Township 20 South, Range 19 East;
Thence east to northeast corner of Section 23, Township 20 South, Range 19 East;
Thence south to southeast corner of Section 26, Township 20 South, Range 19 East;
Thence west to northwest corner of Section 35, Township 20 South, Range 19 East;
Thence south to southwest corner of Section 2, Township 21 South, Range 19 East;
Thence east to northeast corner of Section 11, Township 21 South, Range 19 East;
Thence south to Point of Beginning.
(9) The area of the Peace River Basin is located in parts of Polk, Hardee, Highlands, DeSoto and Charlotte
Counties.
(a) That portion of the Peace River Basin located within Polk County is described as follows:
Begin at southwest corner of Section 31, Township 32 South, Range 23 East;
Thence north along the Polk-Hillsborough County line to northwest corner of Section 18, Township 32
South, Range 23 East;
Thence east to northeast corner of Section 18, Township 32 South, Range 23 East;
Thence north to northwest corner of Section 8, Township 32 South, Range 23 East;
Thence east along the sections to the southeast corner of Section 4, Township 32 South, Range 23
East;
Thence north to the northwest corner of Section 3, Township 32 South, Range 23 East;
Thence east along the township line between Townships 31 and 32 South to the southeast corner of
Section 34, Township 31 South, Range 23 East;
Thence north to the northwest corner of Section 35, Township 31 South, Range 23 East;
Thence east along the sections to the northeast corner of Section 36, Township 31 South, Range 23
East;
Thence south along the range line between Ranges 23 and 24 East to the southeast corner of Section
36, Township 31 South, Range 23 East;
Thence east along the township line between Townships 31 and 32 South to the southeast corner of
Section 34, Township 31 South, Range 24 East;
Thence north along the sections to the northeast corner of Section 34, Township 30 South, Range 24
East;
Thence west to the northwest corner of Section 34, Township 30 South, Range 24 East;
Thence north along the sections to the northeast corner of Section 4, Township 30 South, Range 24
East;
Thence west along the township line between Townships 29 and 30 South to the southeast corner of
Section 32, Township 29 South, Range 24 East;
Thence north along the sections to the northeast corner of Section 29, Township 29 South, Range 24
East;
Thence west to the northwest corner of Section 29, Township 29 South, Range 24 East;
Thence north to the northeast corner of Section 19, Township 29 South, Range 24 East;
Thence east to the southeast corner of Section 17, Township 29 South, Range 24 East;
Thence north to the northeast corner of Section 17, Township 29 South, Range 24 East;
Thence west to the northwest corner of Section 17, Township 29 South, Range 24 East;
Thence north to the northeast corner of Section 7, Township 29 South, Range 24 East;
Thence west to the northwest corner of Section 7, Township 29 South, Range 24 East;
Thence north along the range line between Ranges 23 and 24 East to the northeast corner of Section
13, Township 28 South, Range 23 East;
Thence west to the northwest corner of Section 13, Township 28 South, Range 23 East;

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December 7, 2009 PROCEDURAL Chapter 1

Thence north along the sections to the northwest corner of Section 24, Township 27 South, Range 23
East;
Thence east along the sections to the northeast corner of Section 19, Township 27 South, Range 24
East;
Thence south to the southeast corner of Section 19, Township 27 South, Range 24 East;
Thence east along the sections to the southwest corner of Section 20, Township 27 South, Range 25
East;
Thence north to the northwest corner of Section 20, Township 27 South, Range 25 East;
Thence east to the northeast corner of Section 20, Township 27 South, Range 25 East;
Thence south to the southeast corner of Section 20, Township 27 South, Range 25 East;
Thence east along the sections to the northeast corner of Section 27, Township 27 South, Range 25
East;
Thence south along the sections to the southeast corner of Section 34, Township 27 South, Range 25
East;
Thence east along the township line between Townships 27 and 28 South to the southwest corner of
Section 31, Township 27 South, Range 26 East;
Thence north along the range line between Ranges 25 and 26 East to the northwest corner of Section
30, Township 27 South, Range 26 East;
Thence east to the northeast corner of Section 30, Township 27 South, Range 26 East;
Thence north along the sections to the northwest corner of Section 17, Township 27 South, Range 26
East;
Thence east to the northeast corner of Section 17, Township 27 South, Range 26 East;
Thence south to the southeast corner of Section 17, Township 27 South, Range 26 East;
Thence east to the northeast corner of Section 21, Township 27 South, Range 26 East;
Thence south along the sections to the southwest corner of Section 27, Township 27 South, Range 26
East;
Thence east to the southeast corner of Section 27, Township 27 South, Range 26 East;
Thence north to the northeast corner of Section 27, Township 27 South, Range 26 East;
Thence east along the sections to the northeast corner of Section 29, Township 27 South, Range 27
East;
Thence north to the northwest corner of Section 4, Township 27 South, Range 27 East, and the
township line;
Thence west to the southwest corner of Section 32, Township 26 South, Range 27 East;
Thence north to the southeast corner of Section 18, Township 26 South, Range 27 East;
Thence west to the southwest corner of Section 18, Township 26 South, Range 27 East, and the range
line;
Thence north along the range line between Ranges 26 and 27 East, to the northwest corner of Section
6, Township 26 South, Range 27 East and the Polk-Osceola County line.
Thence east along the Polk-Osceola County line to the northeast corner of Section 1, Township 26
South, Range 27 East;
Thence south along the range line between Ranges 27 and 28 East to the northerly margin of Lake
Marion;
Thence southerly, along the westerly margin of Lake Marion, to its intersection with the range line
between Ranges 27 and 28 East;
Thence southerly, along said range line, to the south boundary of Township 27 South;
Thence easterly, along said township line, to the intersection of said township line with Lake Marion;
Thence following the south shore line of Lake Marion to its intersection again with said township line;
Thence east, along said township line, to the northwest corner of Section 5, Township 28 South, Range
28 East;
Thence south along the section line to the southwest corner of Section 8, Township 28 South, Range
28 East;
Thence east along the section line to the northwest corner of Section 16, Township 28 South, Range 28
East;
Thence south along the section line to the southwest corner of Section 16, Township 28 South, Range
28 East;

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December 7, 2009 PROCEDURAL Chapter 1

Thence east along the section line to the northwest corner of Section 23, Township 28 South, Range 28
East;
Thence south along the section line to the northeast corner of Section 3, Township 29 South, Range 28
East;
Thence west along the section line to the northwest corner of Section 3, Township 29 South, Range 28
East;
Thence north along the section line to the northeast corner of the SE ¼ of Section 28, Township 28
South, Range 28 East;
Thence west along the north boundary of the SE ¼ to the intersection with the shore line of Lake
Pierce;
Thence follow the shore line generally southwesterly to its intersection with the north boundary of the
S ½ of the SW ¼ of said Section 28;
Thence west along said north boundary to the northwest corner of the S ½ of the SW ¼ of said Section
28;
Thence south along the section line to the southwest corner of Section 33, Township 28 South, Range
28 East;
Thence west along the section line to the northwest corner of Section 5, Township 29 South, Range 28
East;
Thence south along the section line to its intersection with the west shoreline of Lake Pierce;
Thence following the west shore line of Lake Pierce to its intersection with the west boundary of
Section 8, Township 29 South, Range 28 East;
Thence south along the section line to the northwest corner of Section 20, Township 29 South, Range
28 East;
Thence east along the north boundaries of Sections 20, 21, 22, 23 and 24, Township 29 South, Range
28 East, and Section 19, Township 29 South, Range 29 East, and to the northeast corner of said Section 19;
Thence south along the section line to the southwest corner of Section 32, Township 29 South, Range
29 East;
Thence east along the section line to the northeast corner of the NW ¼ of Section 5, Township 30
South, Range 29 East;
Thence south to the southeast corner of the SW ¼ of Section 8, Township 30 South, Range 29 East;
Thence west along the section line to the northwest corner of Section 17, Township 30 South, Range
29 East;
Thence south along the section line to the northeast corner of Section 7, Township 31 South, Range 29
East;
Thence west to the northeast corner of Section 12, Township 31 South,
Range 28 East;
Thence south along the range line to the southeast corner of Section 36, Township 32 South, Range 28
East and the Polk-Highlands County line;
Thence west along the Polk-Highlands County line to the southeast corner of Section 36, Township 32
South, Range 27 East, and the Hardee County line;
Thence continue west along the township line, also being the Polk-Hardee County line, to the
southwest corner of Section 31, Township 32 South, Range 23 East, and the Point of Beginning.
(b) That portion of the Peace River Basin located within Hardee County is described as follows:
Begin at intersection of Hardee-Manatee County line with Hardee-DeSoto County line;
Thence north along Hardee-Manatee County line to intersection with Hardee-Polk County line;
Thence east along Hardee-Polk County line to intersection with Hardee-Highlands County line;
Thence south along Hardee-Highlands County line to intersection with Hardee-Desoto County line;
Thence west along Hardee-DeSoto County line to Point of Beginning.
(c) That portion of the Peace River Basin located within DeSoto County is described as follows:
Begin at intersection of DeSoto-Sarasota County line with DeSoto-Charlotte County line;
Thence north along DeSoto-Sarasota County line to intersection with Manatee-Sarasota County line to
intersection with DeSoto-Manatee County line;
Thence continue north along DeSoto-Manatee County line to intersection with DeSoto-Hardee County
line;
Thence east along DeSoto-Hardee County line to intersection with DeSoto-Highlands County line;
Thence south along DeSoto-Highlands County line to intersection with DeSoto-Charlotte County line;

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December 7, 2009 PROCEDURAL Chapter 1

Thence west along DeSoto-Charlotte County line to Point of Beginning.


(d) That portion of the Peace River Basin located within Charlotte County is described as follows:
Begin at intersection of Charlotte-Sarasota County line with Gulf of Mexico;
Thence east, north and east along Charlotte-Sarasota County line to intersection with DeSoto-Sarasota
County line;
Thence continue east along Charlotte-DeSoto County line to northeast corner of Section 1, Township
40 South, Range 26 East;
Thence south along range line to southeast corner of Section 36, Township 40 South, Range 26 East;
Thence west along township line to southwest corner of Section 31, Township 40 South, Range 26
East;
Thence south along range line to southeast corner of Section 36, Township 41 South, Range 25 East;
Thence west along township line to northwest corner of Section 3, Township 42 South, Range 24 East;
Thence south along the section lines to southeast corner of Section 33, Township 42 South, Range 24
East;
Thence west along the Charlotte-Lee County line to the Gulf of Mexico;
Thence northerly along the shore of the Gulf of Mexico to the Charlotte-Sarasota County Line and the
Point of Beginning.
(e) That portion of the Peace River Basin located within Highlands County is described as follows:
Begin at the southwest corner of Township 35 South, Range 28 East, on the Hardee-Highlands County
line, the Point of Beginning;
Thence east along the north boundary of Township 36 South, Range 28 East to the northeast corner of
Section 1, Township 36 South, Range 28 East;
Thence south along the range line to the southeast corner of Section 12, Township 37 South, Range 28
East;
Thence east along the section line to the northeast corner of Section 15, Township 37 south, Range 29
East;
Thence south along the section line to the southeast corner of Section 34, Township 37 South, Range
29 East;
Thence east along the township line to the northeast corner of Section 1, Township 38 South, Range 29
East;
Thence south along the range line to the southeast corner of Section 1, Township 39 South, Range 29
East;
Thence east along the section lines to the northwest corner of Section 11, Township 39 South, Range
30 East;
Thence north to the southwest corner of Section 35, Township 38 South, Range 30 East;
Thence east along the township line to the southeast corner of the west ¼ of Section 35, Township 38
South, Range 30 East;
Thence north along the fractional section line of Sections 35, 26, and 23, Township 38 South, Range
30 East to the northeast corner of the west ¼ section of Section 23, Township 38 South, Range 30 East;
Thence west to the northwest corner of Section 23, Township 38 South, Range 30 East;
Thence north along the section lines to the northwest corner of Section 2, Township 37 South, Range
30 East;
Thence west along the township line to the southwest corner of Section 34, Township 36 South, Range
30 East;
Thence north along the section lines to the northwest corner of Section 3, Township 36 South, Range
30 East;
Thence west along the township line to the southwest corner of Section 31, Township 35 South, Range
30 East;
Thence north along the range line between Ranges 29 and 30 East, through Townships 35, 34, and 33
South, to the northeast corner of Township 33 South, Range 29 East, being on the Highlands-Polk County line;
Thence west along the Highlands-Polk County line to the northwest corner of Township 33 South,
Range 28 East and the Highlands-Hardee County line;
Thence south along the Highlands-Hardee County line to the southwest corner of Township 35 South,
Range 28 East, and the Point of Beginning.

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December 7, 2009 PROCEDURAL Chapter 1

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.0693, F.S., History –
Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-5-77, 10-16-78, 4-27-80, 3-30-81, 1-10-83, 10-9-85, Formerly
16J-0.03, 40D-0.061, Amended 3-11-04, 6-16-04, 6-16-09.

40D-1.121 Notice and Hearing Requirements.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 120.53, 373.146, F.S. History –
Readopted 10-5-74, Formerly 16J-0.20, 16J-0.30(1), 16J-0.001(9), Amended 11-24-80, Repealed 10-1-84.

40D-1.132 Agency Clerk.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.59(1), (2), 120.53(1), (2)(b), (c), (3), 120.54(10),
373.171, F.S. History – New 10-1-84, Repealed 7-2-98.

40D-1.133 Final Order Index.

Specific Authority 120.53(1), 373.044, 373.114, F.S. Law Implemented 120.53(2), F.S. History – New 7-13-93,
Formerly 40D-1.014, Repealed 7-2-98.

40D-1.139 Americans With Disabilities Act and Discrimination in Federally Funded Programs Public
Grievance Procedures.

Specific Authority 373.044, 373.113, F.S. Law Implemented 286.26, 373.083, F.S. History – New 7-29-93,
Amended 11-2-93, Formerly 40D-1.202. Repealed 10-11-09.

40D-1.140 District Funds.


District funds shall be disbursed by wire or electronic transfer according to the following procedure:
(1) The Executive Director, or his designee, shall authorize and supervise all wire or electronic transfers of
District funds, and shall report all wire or electronic transfer transactions to the Board at its regular meeting
following such transaction.
(2) The Executive Director shall provide written instructions to each financial entity that will be transferring
District funds by wire or electronic transfer indicating which District staff shall have the authority to request wire or
electronic transfers of District funds, and stating that such financial entity may not wire or electronically transfer
District funds without receiving prior instructions for each transfer.
(3) The Executive Director, or any staff member authorized by the Executive Director to request wire or
electronic transfer of District funds as provided in subsection (2) above, shall provide a request for confirmation of
transfer and detailed instructions, by telecopy transmission, hand delivery, or U.S. mail, to the financial entity
transferring the funds indicating the accounts from and to which District funds are to be transferred prior to each
wire or electronic transfer of District funds.

Specific Authority 373.044, 373.113 and 373.149, F.S. Law Implemented 373.553, F.S. History – New 3-1-93,
Formerly 40D-1.201.

40D-1.181 Declaratory Statements.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.169, F.S., 76-243, 61-691,
Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.001(10),
Repealed 10-1-84.

40D-1.1900 Bonds.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.085, 373.219, 373.339,
373.413, 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-0.13, 40D-1.391, Transferred to 40D-1.604.

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December 7, 2009 PROCEDURAL Chapter 1

40D-1.1901 Forms and Instructions.

Specific Authority 373.079, 373.126, 373.129, 120.53, F.S. Law Implemented 373.10, 373.113, 120.53, F.S.
History – New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, Transferred to 40D-1.659.

40D-1.201 District Funds.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53, 373.553, F.S. History – New 3-1-93,
Transferred to 40D-1.140.

40D-1.202 Americans With Disabilities Act and Discrimination in Federally Funded Programs Public
Grievance Procedures.

Specific Authority 120.53(1), F.S. Law Implemented 120.53, F.S. History – New 7-29-93, Amended 11-2-93,
Transferred to 40D-1.139.

40D-1.2025 Meetings and Workshops.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.0693, 373.079, F.S., 61-691,
Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74, 10-24-76, Formerly 16J-0.30(2), (7), (8), (4),
(9), 40D-1.071, Repealed 7-2-98.

40D-1.203 Agendas and Notices.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.0693, 373.079, F.S., 61-691,
Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74, 10-24-76, Formerly16J-0.30(11), (6), (3), (5),
(10), 40D-0.081, Repealed 7-2-98.

PART III – RULEMAKING PROCEEDINGS

40D-1.301 Commencement of Proceedings.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.303 Notice of Proceedings and the Proposed Rules.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.54(1), F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.307 Content of Notice.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.54(1), F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.311 Petitions to Initiate Rulemaking Proceedings.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.54(5), F.S. History – New 10-1-84, Repealed 9-
14-98.

40D-1.313 District Action on Petitions to Initiate Rulemaking Proceedings.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.54(5), F.S. History – New 10-1-84, Repealed 7-2-
98.

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December 7, 2009 PROCEDURAL Chapter 1

40D-1.327 Rulemaking Materials.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.54, F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.330 Rulemaking Proceeding – No Hearing.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.54(3), F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.331 Rulemaking Proceeding – Hearing.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.54(3), (6), F.S. History – New 10-1-84, Repealed
7-2-98.

40D-1.335 Incorporation by Reference.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53, 120.54, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.337 Emergency Rule Adoption.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.54(9), F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.371 Reapplying for Permits.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.085, 373.219, 373.339,
373.413, 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-0.14, Repealed 10-1-84.

40D-1.391 Bonds.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.085, 373.219, 373.339,
373.413, 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-0.13, Transferred to 40D-1.1900.

PART IV – DECLARATORY STATEMENTS

40D-1.401 General.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.565, F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.405 Purpose and Use of Declaratory Statement.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.565, F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.407 District Disposition.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.565, F.S. History – New 10-1-84, Repealed 7-2-
98.

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December 7, 2009 PROCEDURAL Chapter 1

PART V – DECISIONS DETERMINING SUBSTANTIAL INTERESTS

SUBPART A – GENERAL PROVISIONS

40D-1.501 Policy and Purpose.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.54(16), 120.57, 120.60(1), F.S. History
– New 10-1-84, Repealed 7-2-98.

40D-1.502 Presiding Officer.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.57, F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.503 Computation of Time.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.57, F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.504 Parties.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.57, F.S. History – New 10-1-84, Repealed 7-2-
98.

40D-1.505 Appearances for Parties; Criteria for Authorized Representation.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.62(2), F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.506 Consolidation.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.57, F.S. History - New 10-1-84, Repealed 7-2-98.

40D-1.507 Joinder of Parties.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.508 Disqualification.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.71, F.S. History – New 10-1-
84, Repealed 7-2-98.

40D-1.509 Signing, Filing and Service of Pleadings.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.510 Procedural Rules.

Specific Authority 120.53(1), 373.044, 373.113, F.S. Law Implemented 120.54(10), 120.57, F.S. History – New 7-
13-93, Amended 10-19-95, Repealed 7-2-98.

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December 7, 2009 PROCEDURAL Chapter 1

40D-1.511 Point of Entry Into Proceedings.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

SUBPART B – FORMAL PROCEEDINGS

40D-1.521 Initiation of Formal Proceedings.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.522 Amendment of Petitions.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.523 Answer.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.524 Motions.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History - New 10-1-84,
Repealed 7-2-98.

40D-1.525 Motions in Opposition to Petition.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.526 Prehearing Conferences.

Specific Authority 373.044, 373.133, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.527 Intervention.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.528 Discovery.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.58, F.S. History – New 10-1-
84, Repealed 7-2-98.

40D-1.529 Notice of Hearing.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.530 Continuances.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

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December 7, 2009 PROCEDURAL Chapter 1

40D-1.531 Dismissal and Default.

Specific Authority 373.044, 373.113 F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.541 Subpoenas.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.58(1), F.S. History – New 10-
1-84, Repealed 7-2-98.

40D-1.542 Witness Fees.


Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.58, F.S. History – New 10-1-
84, Repealed 7-2-98.

40D-1.543 Order of Presentation.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.544 Burden of Proof.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.545 Witnesses.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.58, F.S. History – New 10-1-
84, Repealed 7-2-98.

40D-1.546 Evidence.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.58, F.S. History – New 10-1-
84, Repealed 7-2-98.

40D-1.547 Recordation.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.548 Venue.

Specific Authority 373.044, 373.113 F.S. Law Implemented 120.53(1), 120.57, F.S. History - New 10-1-84,
Repealed 7-2-98.

40D-1.561 Post-hearing Memoranda.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

40D-1.562 Recommended Order.

Specific Authority 373.044, 373.133, F.S. Law Implemented 120.53(1), 120.57, F.S. History – New 10-1-84,
Repealed 7-2-98.

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December 7, 2009 PROCEDURAL Chapter 1

40D-1.564 Exceptions to Recommended Order.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, F.S. History - New 10-1-84,
Repealed 7-2-98.

40D-1.565 Final Orders.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.59, 120.60, F.S. History –
New 10-1-84, Repealed 7-2-98.

SUBPART C – INFORMAL PROCEEDINGS

40D-1.571 Informal Proceedings.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57(2), 120.58, F.S. History - New 10-
1-84, Repealed 7-2-98.

40D-1.572 Submission of Evidence.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57(2), F.S. History - New 10-1-84,
Repealed 7-2-98.

40D-1.573 Final Orders.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57(2), F.S. History - New 10-1-84,
Repealed 7-2-98.

PART VI – PERMITTING

40D-1.600 Permit Applications – General and Noticed General Permits.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, F.S. Law Implemented 373.118, F.S. History
– New 10-1-84, Amended 12-22-94, 7-2-98, 9-26-02, 9-25-07. Repealed 11-2-09.

40D-1.601 Minimum Rates of Flow and Levels.

Specific Authority 373-044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.042, 373.339, F.S. History –
Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15, Transferred to 40D-8.041.

40D-1.602 Permits Required.


Unless expressly exempt by law or District rule, the following permits shall be obtained from the District prior
to commencement of the following activities:
(1) A water use permit under Chapter 40D-2, F.A.C., must be obtained prior to use or withdrawal of water;
(2) A well construction permit under Chapter 40D-3, F.A.C., must be obtained prior to the construction, repair
or abandonment of a well.
(3) A Surface Water, Individual, General, or Noticed General permit under Chapter 40D-4, 40D-40 or 40D-
400, F.A.C., must be obtained prior to construction, alteration, abandonment, operation, or removal, of any surface
water management system, dam, impoundment, reservoir, appurtenant work or works, including dredging or filling,
as prescribed by District rules. An Individual Permit is required for the establishment and operation of mitigation
banks.
(4) A conceptual environmental resource permit may be obtained for proposed surface water management
systems or mitigation banks. However, a conceptual permit does not authorize construction or operation. A
conceptual mitigation bank permit can be utilized to estimate the legal and financial requirements for the mitigation
bank, information required for evaluation of the mitigation bank permit application, and potential mitigation credits
that would be awarded to the specific project proposal.

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December 7, 2009 PROCEDURAL Chapter 1

(5) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on
submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. Such authorization shall
be reviewed by the District for activities which also require an environmental resource permit or exemption under
Chapters 40D-4, 40D-40, and 40D-400, F.A.C., or a permit under subsections 373.414(11)-(16), F.S., under Section
373.427, F.S., Chapters 18-20 and 18-21, and Rules 62-312.065 and 62-343.075, F.A.C.

Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.4136, 373.414, 373.418, F.S. Law
Implemented 373.106, 373.118, 373.171, 373.216, 373.219, 373.308, 373.323, 373.413, 373.4136, 373.414,
373.416, 373.418, 373.426, 380.06(9), F.S. History – New 10-1-84, Amended 12-22-94, 10-16-96, 2-14-00, 9-26-
02, 6-5-05.

40D-1.603 Permit Application Procedures.


(1) A permit application shall be:
(a) Filed with the District on the appropriate form or forms incorporated by reference in the applicable
rule, with all application blanks filled in and containing signatures as required for each form;
(b) Accompanied by the required number of copies at the time of submittal, as specified in the appropriate
rule; and
(c) Accompanied by the appropriate fee as set forth in Rule 40D-1.607, F.A.C.
(d) Any requirement to submit multiple copies of an application shall not apply when the complete
application package is received electronically through the District's electronic permitting process.
(2) No later than 30 days after submittal of an initial application or an application for modification of an
individual surface water management permit, an individual Environmental Resource Permit or an initial application
or application for renewal or modification of an individual water use permit for annual average withdrawals of
500,000 gpd or greater pursuant to Chapter 40D-2, F.A.C., the applicant shall publish at the applicant's expense a
notice of the District's receipt of the application in a newspaper having general circulation as defined in Chapter 50,
F.S., in the county or counties in which the activity is proposed. No later than 30 days after receipt of an application
for an initial or modification of a general surface water management permit or Environmental Resource Permit
pursuant to Chapter 40D-40, F.A.C., or a noticed general Environmental Resource Permit pursuant to Chapter 40D-
400, F.A.C., or for an initial application or application for renewal or modification of a general water use permit for
annual average withdrawals of less than 500,000 gpd pursuant to Chapter 40D-2, F.A.C., the District shall post
notice thereof on the District's website at www.watermatters.org. In the event that after posting of notice an
application for a general permit is modified such that it is an application for an individual permit, notice of the
application shall be published by the applicant in a newspaper as provided herein.
(3) Persons who wish to be notified in writing or by electronic mail of receipt of permit applications affecting a
particular geographic area shall notify the District in writing or by electronic mail, and shall specify their area of
interest by county or by section, township and range. Persons may request to be notified by regular U.S. mail or by
electronic mail. The District shall, within 30 days of receipt of an application, provide by regular or electronic mail
as requested, a notice of receipt of the application to any person who has filed a written or electronic mail request for
notification of any pending applications affecting the particular designated area in which the activity is proposed.
Persons electing to receive mailed notices of application shall be assessed a subscription fee to cover duplication and
mailing costs as provided in subsection (14) below.
(4) Each notice of receipt of application shall state where interested persons may inspect a copy of the
application and that written comments or objections concerning the application may be filed with the District.
Comments or objections must be received within 14 days of the date of the notice in order to be considered by the
District. The District may request persons submitting objections or comments to furnish additional information.
Upon request, the District will provide the applicant with a copy of all objections and comments received. Submittal
of comments or objections concerning a permit application does not constitute a petition for administrative hearing
pursuant to Chapter 120, F.S.
(5) Each notice of application receipt shall further advise that if notice of agency action or opportunity to
request an administrative hearing pursuant to Chapter 120, F.S., regarding a permit application is desired, a written
or electronic mail request referencing the permit application number must be filed with and received by the District.
(6) Publication or posting of the notice of application pursuant to subsection (2) shall constitute constructive
notice of the permit application to all substantially affected persons. Notices of agency action will be issued only to
applicants and persons who have filed such requests.
(7) When information submitted to the District incorporates or results in a material change to the proposed
activity for which the applicant seeks a permit, the District shall notify the applicant that the application is deemed

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to be amended, the proposal contained in the original application is deemed withdrawn and the 30 and 90 day time
requirements provided in Section 120.60(1), F.S., shall restart. For purposes of this subsection (7), the term
“material change" shall mean information which is reasonably expected to lead to a different agency action on the
application or an impact or design specification that is different in degree or kind than previously proposed.
(8) Only one application shall be filed for a permit required under the Part II of Chapter 373, F.S., and District
rules Chapter 40D-2, F.A.C., for an activity on or involving the same property and project, including initial permit
applications as well as applications for modification of a permit, at any time prior to final action on the application
first received by the District. If the District determines that more than one application has been so filed, the District
will notify the applicant that the most recent application is deemed an amendment of the pending application, and if
the amendment constitutes a material change, the application will be processed in accordance with subsection (7)
above.
(9) In addition to, and concurrent with the noticing required pursuant to subsection (2), when the applicant is
an entity with the power of eminent domain that does not have current ownership or control of the entire project area
described in the application, the applicant shall provide the property owner(s) identified in the application:
(a) With a written notice of receipt of the application in accordance with subsection (2); and
(b) With a written notice of the agency action on the application. The owners of property, not owned by
the applicant, identified in the application shall be those identified in the County Property Appraiser’s records within
30 days prior to the filing of the application.
(10) Applicants who seek to renew a permit must submit a timely and sufficient application for renewal in order
to avoid expiration of the permit. Application for renewal of a permit is timely only if actually received by the
District not later than the expiration date of the existing permit. Mailing the application does not constitute receipt
by the District. When timely and sufficient application for renewal is made, the existing permit shall not expire until
the application for renewal has been finally acted upon by the District, or if the permit is denied or the terms of the
permit are limited, until the last day for seeking review of the District action or a later date fixed by order of the
reviewing court.
(11) Published notices of receipt of an application for a surface water management permit or Environmental
Resource Permit shall contain information and be in a format substantially as follows:
Notice is hereby given that the Southwest Florida Water Management District has received
[surface water or Environmental Resource] permit application number [application number] from
[name and address of applicant]. Application received: [date]. Proposed activity: [specify
commercial, industrial, residential or other development]. Project name: [name or description of
project]. Project size: [specify acres] Location: Section(s) [specify] Township [specify] East,
Range [specify] South, in [specify] County. Outstanding Florida Water: [yes or no]. Aquatic
preserve: [yes or no]. The application is available for public inspection Monday through Friday at
[specify District office and address]. Interested persons may inspect a copy of the application and
submit written comments concerning the application. Comments must include the permit
application number and be received within 14 days from the date of this notice. If you wish to be
notified of agency action or an opportunity to request an administrative hearing regarding the
application, you must send a written request referencing the permit application number to the
Southwest Florida Water Management District, Regulation Performance Management
Department, 2379 Broad Street, , FL 34604-6899 or submit your request through the District's
website at www.watermatters.org. The District does not discriminate based on disability. Anyone
requiring accommodation under the ADA should contact the Regulation Performance
Management Department at (352) 796-7211 or 1-800-423-1476: TDD only 1-800-231-6103.
(12) Published notices of receipt of an application for a water use permit shall contain information and be in a
format substantially as follows:
Notice is hereby given that the Southwest Florida Water Management District has received an
application for a water use permit to withdraw water from wells and/or surface waters from
[applicant name and address]. Application number: [insert application number]. Application
received: [date]. Predominant use type(s): [specify public supply, recreation/aesthetic,
commercial, agricultural, mining/dewatering]. Total requested withdrawal average daily gallons
per day: [specify]. Peak month average gallons per day: [specify]. Maximum daily gallons per
day: [specify]. From [number of] [wells or other withdrawal points]. Location: Section(s)
[specify] Township [specify] East, Range [specify] South, in [specify] County. The application is
available for public inspection Monday through Friday at [specify District service office and
address]. Interested persons may inspect a copy of the application and submit written comments

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concerning the application. Comments must include the permit application number and be
received within 14 days from the date of this notice. If you wish to be notified of agency action or
an opportunity to request an administrative hearing regarding the application, you must send a
written request referencing the permit application number to the Southwest Florida Water
Management District, Regulation Performance Management Department, 2379 Broad Street,
Brooksville, FL 34604-6899 or submit your request through the District's website at
www.watermatters.org. The District does not discriminate based on disability. Anyone requiring
accommodation under the ADA should contact the Regulation Performance Management
Department at (352) 796-7211 or 1-800-423-1476: TDD only 1-800-231-6103.
(13) Applicants required to publish notice of application receipt must provide to the District a publisher's
affidavit establishing proof of publication pursuant to Sections 50.041 and 50.051, F.S., before the application will
be considered complete and the 90-day timeframe for taking agency action on the application will commence.
(14)(a) A pre-paid subscription fee shall be assessed for processing requests to receive notices of District
receipt of permit applications sent by regular U.S. mail to cover costs of duplication and mailing. Subscription fees
for a maximum term of up to six months duration are as follows:
1. $ 10.00 per designated section, township and range;
2. $ 50.00 per designated county; or
3. $ 5.00 per designated application.
(b) Duplication costs equal to those allowable for producing copies of public records pursuant to Section
119.07, F.S., and actual postage costs shall be assessed against the subscription fee until the pre-paid fee is
exhausted. Persons who have pre-paid the subscription fee will be notified when their subscription fee balance has
been exhausted, and no further notices will be sent until additional subscription fees are paid pursuant to this
subsection. Persons having pre-paid subscription fees remaining at the expiration or cancellation of a subscription
term may request that the fees be refunded or applied toward another subscription or subscription term.

Rulemaking Authority 373.044, 373.113, 373.118, F.S. Law Implemented 120.60(4), 373.116, 373.118, 373.229,
373.413, F.S. History – New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99,
11-8-00, 9-26-02, 12-24-07, 4-7-08, 11-2-08, 9-1-09.

40D-1.6035 Application Procedures for Noticed General Environmental Resource Permits.

Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented 120.53(1), 120.60, 373.118, F.S. History –
New 12-22-94, Repealed 7-2-98.

40D-1.604 Bonds.
(1) The District may require the applicant for a permit to furnish a bond made payable to the District and its
successors, with a reputable bonding corporation authorized to do business in this State as surety, conditioned upon
full compliance with the terms of the permit. The amount of the bond shall be in such amount as the District shall
determine to be adequate.
(2) In the alternative to subsection (1), the District may require liability insurance in such amount as the
District shall determine endorsed in favor of the District or a hold harmless agreement satisfactory to the District.
(3) The District may require that such bond or liability insurance be maintained as a condition of the continued
validity of the permit.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.079(4)(a), 373.083(5),
373.085, 373.413, 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-0.13, 40D-1.391, 40D-1.1900,
Amended 6-5-05, 11-2-09.

40D-1.605 Content of Application.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.085, 373.106, 373.116,
373.216, 373.229, 373.246, 373.249, 373.413, 373.414, 373.416, F.S. History – Readopted 10-5-74, Amended 10-
24-76, Formerly 16J-0.10, 16J-0.11, Amended 10-1-84, Formerly 40D-0.101, Amended 12-22-94, Repealed 9-1-09.

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40D-1.6051 Timeframe for Providing Requested Information for Permit Applications and Denial of
Incomplete Applications.
(1) Within 30 days after receipt of an application, the District shall notify the applicant if the application is
incomplete and request the additional information required to make the application complete. The applicant shall
have up to 90 days to submit all information requested. If additional information is not supplied within 90 days after
notice by the District, the application will be denied for lack of completeness as provided in subsection (2). Within
30 days after receiving all additional information requested from the applicant, the District shall review it and may
request only clarifications of the information or request answers to new questions raised or directly related to the
information previously furnished. The applicant shall have up to 90 days from issuance of the District’s request for
clarifying or additional information to submit the information requested. If the requested information is not supplied
within 90 days after notice by the District, the application will be denied for lack of completeness as provided in
subsection (2). If the applicant believes the request of the District for such clarifying or additional information is not
authorized by law or rule, upon receipt of the applicant’s written request the District shall proceed to process the
permit application.
(a) The applicant shall include with each submittal of information in support of a pending permit
application an Applicant Transmittal Form, Form No. LEG-R.046.00 (06/09), which form is incorporated herein by
reference and can be obtained from the District’s website at www.watermatters.org or from District offices. The
applicant shall specify on the Applicant Transmittal Form the application number for which the information or
material is being submitted and the contents of the submittal and shall state whether the accompanying submittal
completes the applicant’s response to the District’s request for additional or clarifying information. District staff
shall proceed to process the permit application upon receipt of the applicant’s information and statement that the
submittal completes the applicant’s response, upon receipt of the applicant’s written request that the District proceed
to process the application or, if no statement and additional information is received, upon the conclusion of the 90-
day response period.
(b) Upon written request by the applicant, an extension of time may be granted by the District staff upon a
showing by the applicant that a good faith effort is being made to provide the additional information and the
additional time is required.
(c) Denial of an application for lack of completeness is without prejudice to the applicant’s right to file a
new application on the same subject matter.
(2) If requested information is not submitted to the District within the time limits set forth in subsection (1)
above, or if an application remains incomplete for more than 365 days and no further extension will be granted,
District staff shall issue to the applicant a notice of proposed agency action to deny the permit application for lack of
completeness. The proposed application denial shall become final 21 days after receipt of written notice, as defined
in paragraph 40D-1.1010(2)(b), F.A.C., or 14 days after receipt of written notice for a consolidated application
concurrently reviewed pursuant to Section 373.427, F.S., unless prior to that date: the application is amended as
provided in subsection 40D-1.603(7), F.A.C.; the application is withdrawn; a petition for administrative hearing is
filed; or a written request to refer the application to the Governing Board for agency action is submitted by the
applicant.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414, F.S. Law Implemented
120.54(5), 120.60, 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309,
373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426, F.S. History – New 7-2-98. Formerly 40D-
1.1020, Amended 9-1-09.

40D-1.6052 Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C.
(1) A noticed general permit authorizes the construction, operation, maintenance, alteration, abandonment, or
removal of certain surface water management systems as set forth in Chapter 40D-400, F.A.C., after notice is
provided to the District. Whenever a noticed general permit specifies procedures different from the procedures in
this section, the procedures specified in the noticed general permit will govern.
(2) Any person wishing to construct, operate, maintain, alter, abandon, or remove a surface water management
system pursuant to a noticed general permit set forth in Chapter 40D-400, F.A.C., shall provide notice to the District
by submitting an application including the appropriate application fee as required in Rule 40D-1.607, F.A.C., to the
District at least 30 days prior to undertaking construction, operation, maintenance, alteration, abandonment, or
removal of the system. For the purposes of this subsection, and subsection (3), the application form is only
considered submitted when it is actually received by the District.

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(3) When the applicant is an entity with the power of eminent domain that does not have current ownership or
control of the entire project area described in the application, within three days of District receipt of an application
the applicant at the applicant's expense shall mail to the property owner(s) identified in the application a written
notice of District receipt of the application in accordance with Rule 40D-1.603, F.A.C. The owners of property, not
owned by the applicant, identified in the application shall be those identified in the County Property Appraiser’s
records within 30 days prior to the filing of the application.
(4) If the District determines that the system does not qualify for a noticed general permit, the District shall so
notify the applicant by issuing a notification within 30 days of receiving the application. For the purposes of this
subsection, issuance shall be deemed to occur either when the notice is properly addressed, stamped, and deposited
in the United States mail, in which case the postmark date shall be the date of issuance, or the date the notice is sent
by electronic mail. When the District notifies the applicant that the system does not qualify for a noticed general
permit due to an error or omission in the original application to the District, the applicant shall have 60 days from
the date of the notification to amend the application and submit additional information to correct such error or
omission. If the applicant amends the application and submits additional information correcting the error or
omission within the 60-day time limit, no additional application fee will be required for the noticed general permit.
If the District does not issue the notice informing the applicant that the system does not qualify for a noticed general
permit within 30 days of receipt of the original application, or amended application if an amended application is
submitted, the applicant may conduct the activity authorized by the noticed general permit.
(5) If the District notifies an applicant that the system for which a noticed general permit is sought does not
qualify for the noticed general permit, the applicant may apply for a standard general or individual permit. The
application fee for the noticed general permit shall be applied to the application fee for a standard general or
individual permit if the applicant applies for such a permit within 60 days of notification by the District.
(6) All construction, operation, maintenance, alteration, abandonment, or removal of any system pursuant to a
noticed general permit must comply with the provisions of that general permit.
(7) For systems which qualify for a noticed general permit, the District will not publish, or require the
applicant to publish, newspaper notice of the application submitted to qualify for the permit. However, persons
qualifying for a noticed general permit may publish, in a newspaper of general circulation in the affected area, a
notice of intent to use a noticed general permit.
(8) A noticed general permit shall also constitute certification of compliance with state water quality standards
where necessary pursuant to Section 401, Public Law 92-500, 33 USC Section 1341, for activities that qualify for
the noticed general permit and that are performed in accordance with the conditions of the noticed general permit
unless the permit specifically states otherwise.

Specific Authority 120.54(5), 373.044, 373.113, 373.118, 373.414, F.S. Law Implemented 120.54(5), 373.118,
373.413, 373.414, 373.416, 373.426, F.S. History – New 10-3-95, Amended 12-23-97, Formerly 400.00, Amended
7-2-98, 11-2-08, Formerly 40D-1.1024

40D-1.606 Denial of Environmental Resource Permit Applications.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.53(1), 120.57, 120.60, F.S. History – New 12-22-
94, Repealed 7-2-98.

40D-1.607 Permit Processing Fee.


A permit application processing fee is required and shall be paid to the District when certain applications are
filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing,
advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such
applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is
determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the
application fees established herein is grounds for the denial of an application or revocation of a permit. The
District’s permit application processing fees are as follows:
(1) Environmental Resource or Management and Storage of Surface Waters Permit Applications
(a) The fee for a permit application for activities reviewed pursuant to Chapters 40D-4, 40D-40, and 40D-
400, F.A.C., are as follows:

1. Application for Conceptual Permit $ 4,550.00


2. Application for Conceptual Permit Modification $ 2,275.00

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December 7, 2009 PROCEDURAL Chapter 1

3. Application for Individual Permit$4,550.00


4. Application for Individual Permit and General Permit for
Incidental Site Activities $ 3,861.00
5. Application for Individual Permit Modification $ 2,275.00
6. Application for General Permit pursuant to Chapter 40D-40, F.A.C. $ 2,912.00
7. Application for General Permit Modification $ 1,456.00
8. Application for General Permit for Minor Surface Water Systems $ 364.00
9. Application for General Permit for Minor Surface Water System Modification $ 182.00
10. Application for General Permit for an activity which has less than 10 acres of project area and
impacts 5,000 square feet or less of wetlands or other surface waters $ 1,456.00
11. Application for permit modification for an activity which has less than 10 acres of project area and
impacts 5,000 square feet or less of wetlands or other surface waters $ 728.00
12. Application for general permit for a public highway project which has less than 10 acres of project
area and has less than two acres of new impervious surface area $ 316.00
13. Application for permit modification for a public highway project which has less than 10 acres of
project area and has less than two acres of new impervious surface area $ 158.00
14. Application for a noticed general permit pursuant to Chapter 40D-400, F.A.C. $ 250.00
(b) The fees for permit applications concerning the establishment and operation of a mitigation bank under
Chapter 40D-4, F.A.C., are as follows:
1. Individual Mitigation Bank Permit $ 3,632.00
2. Individual Mitigation Bank Permit Modification $ 1,816.00
3. Mitigation Bank Conceptual Permit $ 3,632.00
4. Mitigation Bank Conceptual Permit Modification $ 1,816.00
(c) Transfer of permit to another entity $ 91.00
(d) Verification that an activity is exempt from regulation under Part IV of Chapter 373, F.S., or Section
403.813, F.S. $ 100.00
(2) Application fees for proprietary authorization under Chapters 253 and 258, F.S., are in accordance with the
fee schedule provided in Chapter 18-21, F.A.C.
(3) The following types of applications are exempt from the fees identified in subsection (1):
(a) APPLICATIONS FOR PERMITS OR PERMIT MODIFICATIONS WHICH INVOLVE;
1. Less than one-half acre of new project area for non-agricultural projects or less than ten acres of
new project area for agricultural projects; and
2. No new impacts to wetlands or surface waters or new impacts only to those wetlands less than
one-half acre in size, unless such wetlands are regulated pursuant to Chapter 40D-4, 40D-40 or 40D-400, F.A.C.
(b) PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit
modifications using the Modification Short Form authorized pursuant to paragraph 40D-4.331(2)(b) or subsection
40D-40.331(2), F.A.C.
(c) RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the
preceding twelve months, provided the same type of application with a substantially similar design is resubmitted.
(d) CONCURRENTLY SUBMITTED APPLICATIONS: Any construction permit application submitted
concurrently with a conceptual permit application, where the construction application represents a portion of the
conceptual permit application.
(e) SINGLE FAMILY DWELLING UNITS: Applications for Chapter 40D-40, F.A.C., General or
paragraph 40D-400.475(1)(f), F.A.C., Noticed General Permits for construction of a single family dwelling unit
involving wetlands that is not part of a larger common plan of development or sale proposed by the applicant.
(f) OPERATION PERMITS: Applications for operation permits submitted in conjunction with a
construction permit for the same surface water management system.
(4) For projects grandfathered pursuant to Section 373.414, F.S., the conceptual, individual or general surface
water management permit application fee shall be the same as the conceptual, individual or general environmental
resource permit application fees listed in this subsection.
(5) For projects grandfathered pursuant to Section 373.414, F.S., the wetland resource (dredge and fill) permit
application fee shall be as follows:
(a) Dredge and fill construction projects up to and including 5 years:
1. Standard form projects including dredge and fill activities that affect 10 or more acres of
jurisdictional area, pursuant to Rule 62-312.070, F.A.C. $ 6,138.00

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2. Short form construction projects including dredging and filling activities that affect less than 10
acres of jurisdictional area, pursuant to paragraph 62-312.070(2)(a), F.A.C. $ 767.00
3. Short form construction projects involving the construction of new docking or boardwalk
facilities, pursuant to paragraph 62-312.070(2)(b), F.A.C., that provide:
a. 0 – 2 new boat slips $ 460.00
b. 3 – 9 new boat slips $ 767.00
(b) Dredge and fill construction permits in excess of 5 years:
1. Short form permits from 6 years up to and including 10 years $ 4,604.00
2. Standard form permits for 6 years $ 9,208.00
3. Standard form permits for 7 years $10,742.00
4. Standard form permits for 8 years $12,277.00
5. Standard form permits for 9 years $13,811.00
6. Standard form permits for 10 years $15,346.00
7. Standard form permits for 11 years $16,880.00
8. Standard form permits for 12 years $18,415.00
9. Standard form permits for 13 years $19,950.00
10. Standard form permits for 14 years $21,484.00
11. Standard form permits for 15 years $23,019.00
12. Standard form permits for 16 years $24,553.00
13. Standard form permits for 17 years $26,088.00
14. Standard form permits for 18 years $27,623.00
15. Standard form permits for 19 years $29,157.00
16. Standard form permits for 20 years $30,692.00
17. Standard form permits for 21 years $32,226.00
18. Standard form permits for 22 years $33,761.00
19. Standard form permits for 23 years $35,296.00
20. Standard form permits for 24 years $36,830.00
21. Standard form permits for 25 years $38,365.00
(c) For the purposes of determining the fee for wetland resource management permits, the term of duration
for the permit shall be reduced by the period of time (in yearly increments) during which no dredging or filling
activity occurs or no reclamation, restoration, or mitigation occurs and only minor monitoring and maintenance
activities are required. The fee for the full term shall be submitted with the application. After the District determines
the period of time that the term of the permit can be reduced, the excess fee shall be returned.
(d) For permit applications which involve a combination of the project fee categories listed above, the
highest fee that applies to the appropriate standard form or short form project, pursuant to Rule 62-312.070, F.A.C.,
shall be charged.
(e) Variances from permitting standards, permit conditions, or water quality standards associated with a
wetland resource permit application:
1. Variances from the prohibition of Rule 62-312.080, F.A.C. $ 153.00
2. Other variances $ 767.00
(f) A single additional fee of $767.00 shall be required for projects in which monitoring and evaluation to
determine the success of the mitigation will be required beyond the period of time to which the permit fee will
ordinarily apply. If it is determined at the time of the permit application that monitoring and evaluation to determine
the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply,
then this single additional fee will be due at this time. If it is determined after the time of the permit application that
monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to
which the permit fee will ordinarily apply, then this single additional fee shall be due when it is determined that this
monitoring and evaluation is required.
(g) General Permits $ 153.00
(h) Minor modification of permits that do not require substantial technical evaluation by the District, in
conformance with paragraph 62-4.050(4)(s), F.A.C., do not require a new site inspection by the District, and will not
lead to substantially different environmental impacts or will lessen the impacts of the original permit:
1. That consist of transfers of permits or time extensions $ 77.00
2. Involving minor technical changes when the existing permit fee is less than
$300.00, except for modifications to permits issued pursuant to Section 403.816, F.S. $ 77.00
3. Involving minor technical changes when the existing permit fee is more than

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or equal to $300.00 $ 384.00


(6) Petition for Formal Determination of Wetlands and Other Surface Waters:
(a) The fees for Petitions for Formal Determination of Wetlands and Other Surface Waters are as follows,
for:
1. Property less than or equal to 1 acre $ 353.00
2. Property greater than 1 acre but less than or equal to 10 acres $ 777.00
3. Property greater than 10 acres but less than or equal to 40 acres $ 1,060.00
4. Property greater than 40 acres but less than or equal to 120 acres $ 2,119.00
5. Property greater than 120 acres $ 2,119.00
i. For each additional 100 acres or portion thereof $ 283.00
6. Renewal of formal wetland determinations $ 353.00
(b) Any resubmittal of a petition for formal determination of wetlands and other surface waters that was
denied or withdrawn within the preceding twelve months, provided it is substantially similar to the denied or
withdrawn petition, is exempt from the fees identified in subparagraph (a).
(7) Water use permit application fees shall be as follows:
(a) Chapter 40D-2, F.A.C., individual permit new $ 1,000.00
(b) Chapter 40D-2, F.A.C., individual permit renewal $ 750.00
(c) Chapter 40D-2, F.A.C., individual permit modification $ 300.00
(d) Chapter 40D-2, F.A.C., individual permit temporary $ 200.00
(e) Chapter 40D-2, F.A.C., general permit new $ 250.00
(f) Chapter 40D-2, F.A.C., general permit renewal $ 185.00
(g) Chapter 40D-2, F.A.C., general permit modification $ 75.00
(h) Chapter 40D-2, F.A.C., general permit temporary $ 50.00
(i) Chapter 40D-2, F.A.C., Small General Permit new $ 50.00
(j) Chapter 40D-2, F.A.C., Small General Permit renewal $ 35.00
(k) Chapter 40D-2, F.A.C., Small General Permit modification $ 15.00
(l) For those public supply utilities which are solely wholesale customers of water supplied by another
entity and are required to obtain a permit for such activities pursuant to Chapter 40D-2, F.A.C., permit fees shall be
one-half of the applicable fee provided in paragraphs (a) through (k) above.
(8) The following types of applications are exempt from the fees identified in subsection (7):
(a) PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit
modifications using the Modification Short Form authorized pursuant to paragraph 40D-2.331(2)(b), F.A.C.
(b) RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the
preceding twelve months, provided the same type of application with substantially similar quantities is resubmitted.
(9) Permit application fees for water well construction or repair shall be as follows:
(a) Chapter 40D-3, F.A.C., non-public supply water wells $ 50.00
(b) Chapter 40D-3, F.A.C., public supply water wells or other wells constructed to
public supply standards $ 130.00
(c) Chapter 40D-3, F.A.C., non-public supply potable water wells in Chapter 62-524,
F.A.C., delineated areas $ 100.00
(d) Chapter 40D-3, F.A.C., public supply water wells in Chapter 62-524, F.A.C.,
delineated areas $ 500.00
(10) The following type of application is exempt from the fees identified in subsection (9):
(a) ABANDONMENT PERMIT APPLICATIONS: Applications for permits to abandon water wells.
(11) Chapter 40D-40, F.A.C., general site conditions assessment permit:
(a) Within a contiguous project area of 100 acres or more, and/or with more than
one acre of wetlands on site, basic fee $ 1,715.00
(b) Within a contiguous project area of less than 100 acres, and with one acre or
less of wetlands on site, basic fee $ 1,098.00
(c) Application for formal modification of an existing site conditions assessment permit by adjustment,
expansion, transfer, extension, or conversion to a Chapter 40D-4 or 40D-40, F.A.C., construction and operation
permit:
1. For adjustment, expansion, transfer or extension of contiguous project area and permitting of the
same or additional site condition boundaries, one-half the basic fee applicable to a new application;
2. Modification to convert to Chapter 40D-4 or 40D-40, F.A.C., construction permit:

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December 7, 2009 PROCEDURAL Chapter 1

a. When the construction permit applicant is the original permittee for a valid site conditions
assessment permit, the processing fee amount due shall be the full application fee for a Chapter 40D-4, F.A.C.,
individual construction permit or a Chapter 40D-40, F.A.C., general construction permit, as applicable; if a
construction permit is issued, a credit equal to the basic fee amount paid in connection with the site conditions
assessment permit shall be reimbursed after submittal of the project Statement of Completion and as-built
information by the original permittee, and operation approval by the District.
b. When the construction permit applicant is not the original permittee, and the applicant has a
valid site conditions assessment permit that was transferred, the processing fee amount due shall be the full
application fee for a Chapter 40D-4, F.A.C., individual construction permit or a Chapter 40D-40, F.A.C., general
construction permit, as applicable; but the permit application processing fee credit in sub-subparagraph 2.a. shall not
apply.
(12) The District will use the percentage change in the Consumer Price Index for All Urban Consumers (CPI-
U), all items, compiled by the United States Department of Labor for revising fees under Part IV of Chapter 373,
F.S., pursuant to Section 373.109.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.109, 373.421(2), F.S. History
– Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-
27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-
96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08, 12-07-09.

40D-1.608 Permit Fee Reduction for Certain Counties and Municipalities.


(1) The following entities shall be eligible for permit fee reduction:
(a) Counties within the District with a population of 50,000 or less;
(b) Municipalities within the District with a population of 25,000 or less; and
(c) Any county or municipality not included within a metropolitan statistical area.
(2) In order for a county or municipality which is described in one of the above categories to qualify for a
permit fee reduction, the governing body of the county or municipality must submit and certify that the fee reduction
is necessary due to fiscal hardship.
(3) The governing body shall certify to the District, with supporting documentation, that the fiscal hardship is
due to at least one of the following factors:
(a) Per capita taxable value is less than the statewide average for the current fiscal year;
(b) Percentage of assessed property value exempt from ad valorem taxation is higher than the statewide
average for the current fiscal year;
(c) Any condition specified in Section 218.503, F.S., that determines a state of financial emergency;
(d) Ad valorem operating millage rate for the current fiscal year is greater than 8 mils; or
(e) A financial condition documented in annual financial statements at the end of the current fiscal year
which indicates an inability to pay the permit fee during that fiscal year.
(4) Upon receipt of the above certification, with the supporting documentation, the District shall review and
determine the fee is reduced to $100.00 for the proposed activity.
(5) The certification shall be submitted at the time of application for a permit pursuant to Chapter 40D-2, 40D-
4, 40D-40 or 40D-400, F.A.C.
(6) Unless at the time of submittal of an application either the appropriate fee or a certification pursuant to this
section is submitted, the application shall be subject to denial.
(7) The submission of a certification pursuant to this section shall be a factor in determining whether the
county or municipality can provide reasonable assurance of conditions of issuance for an environmental resource
permit with required mitigation.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 218.075, F.S. History – New 12-
22-94, Amended 10-19-95, 3-31-96, 6-5-05.

40D-1.6105 Limiting Conditions.


(1) All permits issued pursuant to these rules are contingent upon the continued ownership, lease, or other legal
control of property rights in underlying, overlying or adjacent lands, or the power to acquire such property rights
through eminent domain.
(2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in such
permit upon notification in writing to the District of such assignment, provided ownership, lease, or other control of

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December 7, 2009 PROCEDURAL Chapter 1

all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does
assume responsibility for complying with all such terms and conditions. To assign a permit, a subsequent owner
must submit a Notification and Request for Transfer of Environmental Resource Permit, Form No. LEG-R.043.00
(4/09), incorporated by reference in subsection 40D-4.351(1), F.A.C., or an Application to Transfer a Water Use
Permit, Form No. LEG-R.002.04 (4/09), incorporated by reference in subsection 40D-2.351(1), F.A.C., as
appropriate, that includes the signature of the permittee(s) or a copy of the legally recorded deed(s) to all of the land
covered by the permit. Copies of these forms may be obtained from the District’s website at www.watermatters.org
or from the District offices.
(3) If only a part of such lands is so conveyed, or if the ownership, lease, or other legal control is divided, such
permit shall immediately terminate unless the terms of the permit are modified by the District or the permit is
transferred pursuant to District rules.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.079(4)(a), 373.083(5),
373.219, 373.413, 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly
40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07, 8-30-09, 11-2-09.

40D-1.659 Forms and Instructions.


The following forms and instructions have been approved by the Governing Board and are incorporated by
reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from
the District offices or the District’s website at www.watermatters.org.
(1) GROUND WATER
(a) APPLICATION FOR WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R.003.01
(4/09), incorporated by reference in subsection 40D-3.037(5), F.A.C.
(b) APPLICATION FOR RENEWAL OF A WATER WELL CONTRACTOR’S LICENSE, FORM NO.
LEG-R.004.02 (4/09), incorporated by reference in subsection 40D-3.037(5), F.A.C.
(c) PROPOSED WELL CONSTRUCTION LOCATION AND DESIGN FORM, FORM NO. LEG-
R.006.01(4/09), incorporated by reference in paragraph 40D-2.101(5)(a), F.A.C.
(d) STATE OF FLORIDA PERMIT APPLICATION TO CONSTRUCT, REPAIR, MODIFY OR
ABANDON A WELL, FORM NO. LEG-R.040.00 (4/09), incorporated by reference in subsection 40D-3.101(1),
F.A.C.
(e) WELL COMPLETION REPORT, FORM NO. LEG-R.005.01 (4/09), incorporated by reference in
paragraph 40D-3.411(1)(a), F.A.C.
(f) WELL GROUTING/ABANDONMENT FORM, FORM NO. LEG-R.041.00 (4/09), incorporated by
reference in subsection 40D-3.531(5), F.A.C.
(g) WELL VERIFICATION FOR ALL NON-DOMESTIC USE WELLS LOCATED IN THE MOST
IMPACTED AREA OF THE SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.016.01 (4/09),
incorporated by reference in subsection 40D-3.101(1), F.A.C.
(h) SMALL GENERAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.027.00 (3/09),
incorporated by reference in paragraph 40D-2.101(2)(c), F.A.C.
(i) GENERAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.028.00 (3/09), incorporated
by reference in paragraph 40D-2.101(2)(b), F.A.C.
(j) INDIVIDUAL WATER USE PERMIT APPLICATION FORM NO. LEG-R.029 (03/09), incorporated
by reference in paragraph 40D-2.101(2)(a), F.A.C.
(k) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – AGRICULTURE, FORM NO.
LEG-R.030.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(a)1., F.A.C.
(l) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – INDUSTRIAL OR
COMMERCIAL, FORM NO. LEG-R.031.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(a)2.,
F.A.C.
(m) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – MINING OR DEWATERING,
FORM NO. LEG-R.032.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(a)3., F.A.C.
(n) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – PUBLIC SUPPLY, FORM NO.
LEG-R.033.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(a)4., F.A.C.
(o) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – RECREATION OR
AESTHETIC, FORM NO. LEG-R.034 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(a)5., F.A.C.
(p) MODIFICATION SHORT FORM, FORM NO. LEG-R.035.00 (3/09), incorporated by reference in
subparagraph 40D2.331(2)(b), F.A.C.

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December 7, 2009 PROCEDURAL Chapter 1

(q) IRRIGATION WATER USE FORM – SEASONAL CROPS, NORTHERN TAMPA BAY WATER
USE CAUTION AREA, FORM NO. LEG-R.024.00 (4/09), incorporated by reference in paragraph 40D-2.091(2)(f),
F.A.C.
(r) IRRIGATION WATER USE FORM – ANNUAL CROPS, NORTHERN TAMPA BAY WATER USE
CAUTION AREA, FORM NO. LEG-R.025.00 (4/09), incorporated by reference in paragraph 40D-2.091(2)(g),
F.A.C.
(s) AGRICULTURAL WATER ALLOTMENT FORM, FORM NO. LEG-R.042.00 (4/09), incorporated
by reference in paragraph 40D-2.101(5)(b), F.A.C.
(t) APPLICATION TO TRANSFER A WATER USE PERMIT, FORM NO. LEG-R.002.04 (4/09),
incorporated by reference in subsection 40D-2.351(1), F.A.C.
(u) SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-
R.007.02 (4/09), incorporated by reference in subsection 40D-2.101(6), F.A.C.
(v) NET BENEFIT SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA, FORM
NO. LEG-R.010.01 (4/09), incorporated by reference in paragraph 40D-2.101(6)(b), F.A.C.
(w) SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT
APPLICATION, FORM NO. LEG-R.011.01 (4/09), incorporated by reference in paragraph 40D-2.101(6)(c), F.A.C.
(x) PUBLIC SUPPLY SUPPLEMENTAL FORM - SOUTHERN WATER USE CAUTION AREA,
FORM NO. LEG-R.012.01 (4/09), incorporated by reference in paragraph 40D-2.101(6)(a), F.A.C.
(y) PUBLIC SUPPLY WELL INFORMATION AND CLASSIFICATION FORM, FORM NO. LEG-
R.015.01 (4/09), incorporated by reference in Rule 40D-3.101(2)(b), F.A.C.
(z) IRRIGATION WATER USE FORM – ANNUAL CROPS, SOUTHERN WATER USE CAUTION
AREA, FORM NO. LEG-R.017.01 (4/09), incorporated by reference in paragraph 40D-2.091(2)(b), F.A.C.
(aa) IRRIGATION WATER USE FORM – ANNUAL RECREATIONAL/AESTHETIC/GOLF,
SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.018.01 (4/09), incorporated by reference in
paragraph 40D-2.091(2)(c), F.A.C.
(bb) IRRIGATION WATER USE FORM – SUMMER/FALL SEASONAL, SOUTHERN WATER USE
CAUTION AREA, FORM NO. LEG-R.019.01 (4/09), incorporated by reference in paragraph 40D-2.091(2)(d),
F.A.C.
(cc) IRRIGATION WATER USE FORM – WINTER/SPRING SEASONAL, SOUTHERN WATER USE
CAUTION AREA, FORM NO. LEG-R.020.01 (4/09), incorporated by reference in paragraph 40D-2.091(2)(e),
F.A.C.
(dd) APPLICATION TO RENEW A SMALL GENERAL WATER USE PERMIT FOR
AGRICULTURAL USE, FORM NO. LEG-R.036.00 (3/09), incorporated by reference in paragraph 40D-
2.101(2)(c), F.A.C.
(ee) SMALL GENERAL WATER USE PERMIT APPLICATION – AGRICULTURE ATTACHMENT,
FORM NO. LEG-R.037.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)1., F.A.C.
(ff) SMALL GENERAL WATER USE PERMIT APPLICATION – INDUSTRIAL OR COMMERCIAL
ATTACHMENT, FORM NO. LEG-R.038.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)2.,
F.A.C.
(gg) SMALL GENERAL WATER USE PERMIT APPLICATION – RECREATION OR AESTHETIC
ATTACHMENT, FORM NO. LEG-R.039.00 (3/09), incorporated by reference in subparagraph 40D-2.101(2)(c)3.,
F.A.C.

(hh) – WATER USE PERMIT APPLICATION – MINING AND DEWATERING MATERIALS OTHER
THAN PHOSPHATE, FORM NO. LEG-R.048.00 (8/09), incorporated by reference in paragraph 40D-2.101(2) (d),
F.A.C.
(2) SURFACE WATER
(a) JOINT APPLICATION FOR: ENVIRONMENTAL RESOURCE PERMIT/AUTHORIZATION TO
USE STATE OWNED SUBMERGED LANDS/FEDERAL DREDGE AND FILL PERMIT, FORM 547.27/ERP
(4/09), incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.
(b) STATEMENT OF COMPLETION AND REQUEST FOR TRANSFER TO OPERATION ENTITY,
FORM 547.27/SOC (4/09), incorporated by reference in subparagraph 40D-4.351(2)(a)1., F.A.C.
(c) PETITION FOR A FORMAL DETERMINATION OF THE LANDWARD EXTENT OF WETLANDS
AND SURFACE WATERS, FORM 547.27/FJDS (4/09) , incorporated by reference in paragraph 40D-4.042(2)(a),
F.A.C.

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December 7, 2009 PROCEDURAL Chapter 1

(d) NOTICE OF INTENT TO CONSTRUCT A MINOR SILVICULTURAL SURFACE WATER


MANAGEMENT SYSTEM PURSUANT TO SECTION 40D-400.500, F.A.C., FORM 547.27/NOI (4/09)
incorporated by reference in subsection 40D-400.500(3), F.A.C.
(e) PERMIT APPLICATION FOR SITE CONDITIONS ASSESSMENT, FORM 547.27/SCA (4/09),
incorporated by reference in subsection 40D-40.044(1), F.A.C.
(f) MITIGATION BANK PERFORMANCE BOND TO DEMONSTRATE CONSTRUCTION AND
IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/PB (4/09),incorporated by reference in paragraph
40D-4.091(6)(a), F.A.C.
(g) MITIGATION BANK IRREVOCABLE LETTER OF CREDIT TO DEMONSTRATE
CONSTRUCTION AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/ILC (4/09), incorporated
by reference in paragraph 40D-4.091(6)(b), F.A.C.
(h) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE CONSTRUCTION
AND IMPLEMENTATION FINANCIAL ASSURANCE, FORM MB/CIFA (4/09), incorporated by reference in
paragraph 40D-4.091(6)(c), F.A.C.
(i) MITIGATION BANK TRUST FUND AGREEMENT TO DEMONSTRATE PERPETUAL
MANGEMENT FINANCIAL RESPONSIBILITY, FORM MB/PMFA (4/09), incorporated by reference in
paragraph 40D-4.091(6)(d), F.A.C.
(j) NOTIFICATION AND REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE
PERMIT, FORM NO. LEG-R.043.00 (4/09), incorporated by reference in paragraph 40D-4.351(1)(a), F.A.C.
(k) STATEMENT OF INSPECTION FOR PROPER OPERATION AND MAINTENANCE, FORM NO.
LEG-R.044.00 (4/09), incorporated by reference in subsection 40D-4.351(3), F.A.C.
(l) GENERAL ENVIRONMENTAL RESOURCE PERMIT (ERP) APPLICATION FOR
MODIFICATION RELATED TO OUTPARCEL CONSTRUCTION WITHIN PERMITTED
COMMERICAL/INDUSTRIAL PROJECTS, FORM NO. LEG-R.001.01 (4/09) , incorporated by reference in
subparagraph 40D-4.331(2)(a)2., F.A.C.
(m) ENVIRONMENTAL RESOURCE PERMIT MODIFICATION SHORT FORM, FORM NO. LEG-
R.013.01 (4/09), incorporated by reference in paragraph 40D-4.331(2)(b), F.A.C.
(3) OTHER
(a) ELECTRONIC TRANSACTION AGREEMENT, FORM LEG-R.014.00 (4/08)
(b) FACILITATING AGRICULTURAL RESOURCE MANAGEMENT (FARMS) SYSTEMS
PROGRAM FUNDING APPLICATION FORM, FORM LEG-R.22.01 (4/09), incorporated by reference in
subsection 40D-26.201(2), F.A.C.
(c) FLOW METER ACCURACY VERIFICATION FORM, FORM NO. LEG-R.021.01 (4/09),
incorporated by reference in paragraph 40D-2.091(2)(a), F.A.C.
(d) APPLICANT TRANSMITTAL FORM, FORM NO. LEG-R.046.00 (6/09), incorporated by reference
in paragraph 40D-1.6051(1)(a), F.A.C.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337, F.S. Law Implemented 373.0831(3), 373.116,
373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308,
373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 668.50, F.S. History – New 12-
31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1.901, Amended 12-22-94, 5-10-95, 10-19-95, 5-
26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02,
2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07, 2-26-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08,
5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09.

PART VII – CONTRACTUAL TRANSACTIONS

40D-1.750 Contract Bidding – Resolution of Protests.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 120.53, 287.042(2), F.S. History – New 6-1-
90, Amended 3-17-91, Repealed 7-2-98.

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December 7, 2009 PROCEDURAL Chapter 1

PART IX – INVESTIGATIONS; ENFORCEMENT

40D-1.901 Forms and Instructions.

Specific Authority 120.53, 373.079, 373.126, 373.129, F.S. Law Implemented 120.53, 373.10, 373.113, F.S.
History – New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, Transferred to 40D-1.1901.

40D-1.902 District Investigations and Probable Cause Determination.


(1) Upon receipt of a complaint filed pursuant to Section 373.219(2) or 373.245, F.S., the District shall conduct
an investigation and make a determination of probable cause. The District may conduct other investigations and
make other probable cause determinations as are authorized or required by law.
(2) An investigation or determination of probable cause is a nonadversary executive function to discover or
procure evidence as part of the fact finding function of the District. The District need not have an Administrative
Complaint and Order pending to conduct an investigation or make such a determination.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.219(2), 373.245, F.S. History
– New 10-1-84.

40D-1.905 Administrative Enforcement Action.

Specific Authority 373.044, F.S. Law Implemented 120.53(1) (b), (c), 120.60(2), 120.68, 120-69, 373.119, 373.129,
373.136, 373.209, 373.433, 373.603, F.S. History – New 10-1-84, Repealed 7-2-98.

40D-1.907 Emergency Action.

Specific Authority 373.044, F.S. Law Implemented 120.53, 120.60(6), (7), 373.119, 373.439, F.S. History – New
10-1-84, Amended 3-17-91, Repealed 7-2-98.

40D-1.909 Judicial Enforcement.

Specific Authority 373.044, 373.113, F.S. Law Implemented 120.69, 373.129, 373.136, 373.209, F.S. History –
New 10-1-84, Repealed 7-2-98.

PART X EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE


SUBPART A VARIANCE OR WAIVER

40D-1.1001 Variances from Water Well Construction Rules. (Chapter 40D-3, F.A.C.)
(1) The District finds that in certain cases compliance with the requirements of Chapter 40D-3, F.A.C., may
result in an undue hardship in the construction, repair, modification or abandonment of wells.
(2) Any affected person may request a variance from any part of Chapter 40D-3, F.A.C., for an individual well
by making written request which must include those specific requirements from which a variance is requested, any
alternate or substitute methods or conditions considered appropriate, and reasons why the variance is considered
necessary. When submitting an abandonment plan as part of a variance request to the District, the contractor shall
supply any available logs, including but not limited to caliper, natural gamma and lithologic logs of the hole.
(3) The Executive Director or his designee shall grant a variance if the request is not contrary to accepted
public health and sanitary engineering practices and will not adversely affect the water resource. The variance shall
be the minimum necessary to ameliorate the hardship.
(4) Upon issuance of a variance, the District shall impose such special conditions as may be necessary to
protect the intent and purpose of Chapter 373, Part III, F.S., and this chapter.

Specific Authority 120.54(5), 373.044, 373.113, 373.171, F.S. Law Implemented 120.54(5), 373.308, 373.309,
373.313, 373.316, 373.326, F.S. History – New 7-1-90, Amended 9-30-91, 12-31-92, Formerly 40D-3.501,
Amended 7-2-98, 6-17-99.

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December 7, 2009 PROCEDURAL Chapter 1

40D-1.1002 Variances from Water Shortage Rules. (Chapter 40D-21, F.A.C.)


(1) General – Users may request relief from the provisions of Chapter 40D-21, F.A.C., by filing a petition for
variance with the District. Relief from provisions of a local government ordinance imposing more severe
restrictions shall be by petition to such local government.
(2) Criteria for Issuance – No petition for variance shall be granted unless the petitioner affirmatively
demonstrates that one or more of the following circumstances exists:
(a) The variance is essential to protect public health or safety;
(b) Compliance with this rule will require measures which, because of their extent or cost impose undue
hardship, cannot be accomplished within the anticipated duration of the shortage or will not ensure equitable
distribution;
(c) Alternative restrictions which achieve the same level of demand reduction as the restrictions from
which a variance is sought are available and are binding and enforceable.
1. These alternative restrictions shall be summarized within a short-term water reduction plan,
prepared by the petitioner, to be submitted to the District for consideration.
2. Any user who has submitted a short-term water reduction plan in compliance with a Board order
shall, upon approval, be bound by such plan unless good cause exists for changes to such plan and the plan, is
amended accordingly.
(3) Limiting Conditions – Variances granted shall be subject to the following conditions, unless waived or
modified by the Board.
(a) The variance granted shall be the minimum necessary to alleviate the circumstance for which the
variance was requested under subsection 40D-1.002(2), F.A.C., and is limited to the water shortage phase in which
the variance is granted, unless otherwise specified in the variance, or unless modified or renewed by the District in
writing upon request of the variance holder for good cause shown;
(b) All variances shall expire upon a declaration by the Board that a water shortage no longer exists,
provided, however, that variance conditions which require the petitioner to modify water use facilities shall remain
in full force and effect until such modifications have been completed; and
(c) Variances granted under subsection 40D-1.1002(2), F.A.C., shall prescribe a timetable for compliance
with the restrictions from which a variance was sought.
(4) Petitions for Variance – The petition shall contain the following:
(a) The petitioner’s name, address and telephone number;
(b) The specific section of the rule or order from which the petitioner is requesting relief;
(c) A detailed statement of the facts which the petitioner believes demonstrate that the request qualifies for
a variance under subsection 40D-1.1002(2), F.A.C., which may include reports by qualified technical experts;
(d) A description of the relief desired;
(e) The period of time for which the variance is sought, including the reasons and facts in support thereof;
(f) The damage or harm resulting or which may result to petitioner from compliance with the rule or
order;
(g) The restrictions which petitioner can meet and the date when petitioner can comply with such
restrictions;
(h) A short-term water use reduction plan, describing any and all alternative reductions implemented in
lieu of the restrictions for which variance is sought, if applicable;
(i) The steps the petitioner is taking to meet the order or specific restriction from which the variance is
sought and when compliance will be achieved; and
(j) Any other information the petitioner believes is material.
(5) Procedures:
(a) Unless the petitioner requests otherwise, the petition for variance shall be considered a petition for
informal proceeding under Chapter 120, F.S.
(b) Within five working days after receipt of a complete petition for variance, the staff shall recommend to
the Executive Director whether the petition complies with the provisions of subsections (2) through (4) of Rule 40D-
1.1002, F.A.C.
(c) The Executive Director shall review the petition and the staff recommendation. Petitions which do not
require immediate action or which do not comply with the provisions of subsections 40D-1.1002(2) through (4),
F.A.C., may be deferred for Board action. Petitions which require immediate action and which comply with the
provisions of subsections 40D-1.1002(2) through (4), F.A.C., may be temporarily granted by the Executive Director.
Orders temporarily granting a petition shall be presented to the Board for concurrence, rejection, or modification.

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December 7, 2009 PROCEDURAL Chapter 1

(d) The Board shall consider all deferred petitions as well as those temporarily granted by the Executive
Director at its next scheduled water shortage hearing or regularly scheduled meeting. The Board may grant or deny
the deferred petitions and may concur with, reject, or modify those petitions temporarily granted by the Executive
Director. A petitioner whose variance has been granted shall be furnished an appropriate notice of water shortage
variance.

Specific Authority 120.54(5), 373.044, 373.113, F.S. Law Implemented 120.54(5), 373.175, 373.246, F.S. History
– New 11-19-84, Amended 7-2-86, Formerly 40D-21.291, Amended 7-2-98.

40D-1.1003 Time for Consideration of a Petition for an Emergency Variance or Waiver.


The District shall grant or deny a petition for a variance or waiver within 45 days of its receipt by the District.

Rulemaking Authority 120.54(5), 373.044, 373.113, F.S. Law Implemented 373.079(4)(a), 373.083(5), 120.54(5),
F.S. History – New 7-2-98, Revised 11-2-09.

SUBPART B DECISIONS DETERMINING SUBSTANTIAL INTEREST

40D-1.1010 Point of Entry into Proceedings.


(1) For all District permitting decisions under Part II and Part IV of Chapter 373, F.S., and decisions on
petitions for formal determination of wetlands or other surface waters, the District shall require an applicant to
publish, or inform an applicant that the applicant has the right to publish, written notice of a District decision in a
newspaper of general circulation as set forth in Chapter 50, F.S., in the county or counties where the activity is
proposed.
(2) (a) "Written notice” as set forth in Rule 28-106.111, F.A.C., means either receipt of actual written notice
that the District has taken or intends to take final agency action, or publication of notice that the District has taken or
intends to take final agency action. If final agency action materially differs from a written notice of the District’s
intended action, persons who may be substantially affected shall have an additional 21 days, or for a notice of
consolidated intent an additional 14 days, from the date of receipt or publication of notice of such action to request
an administrative hearing. Such requests for an administrative hearing shall only address those aspects of the agency
action which differ from the proposed agency action.
(b) Receipt of written notice of a District decision shall be deemed to be the fifth day after the date on
which the written notice is deposited in the United States mail if actual notice is mailed, the date that the notice is
sent if actual notice is issued by electronic mail, or the date that notice is published if actual notice is not issued to
the persons who may be substantially affected. If the date of publication of a notice of District decision precedes the
date that actual notice is received, the applicable 21-day or 14-day period in which to request an administrative
hearing will be determined from the date that notice of District decision was published.
(3) When publication is made or notice is issued of a District decision on a permitting matter, the notice shall
contain as a minimum;
(a) Name of applicant and a brief description of the proposed activity and its location;
(b) Location of the application and its availability;
(c) Statement of the District’s intended action and basis for the issuance or denial except when issuance is
a ministerial act;
(d) Scheduled date of Board action, if such action is necessary;
(e) Notification of administrative hearing opportunity or right to judicial review, the procedures which
must be followed and applicable time limits; and
(f) Notification of whether mediation under Section 120.573, F.S., is available as an alternative remedy.
(4) When an applicant publishes written notice of a District decision, the applicant shall provide an affidavit of
publication to the District within 14 days of publication.
(5) For notices of agency action on a consolidated application for an Environmental Resource Permit and Use
of Sovereignty Submerged Lands concurrently reviewed by the District pursuant to Section 373.427, F.S., any
petition for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., must be filed within 14 days of
receipt of written notice of consolidated intent to issue or deny a permit.
(6) Applicants for individual permits and all other applicants required to publish notice of application receipt
pursuant to Rule 40D-1.603, F.A.C., shall be required to publish at their expense written notice of a District decision
on the application. The applicant shall cause the notice to be published as soon as possible after notification by the
District of its intended action.

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December 7, 2009 PROCEDURAL Chapter 1

Rulemaking Authority 120.54(5), 373.044, 373.113, F.S. Law Implemented 120.54(5), 120.60, 253.115,
373.079(4)(a), 373.083(5), 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416,
373.418, 373.421, 373.426, 373.427, F.S. History – New 7-2-98, Amended 11-02-08, 11-2-09.

SUBPART C LICENSING

40D-1.1020 Timeframe for Providing Requested Information.

Specific Authority 120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414, F.S. Law Implemented
120.54(5), 120.60, 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309,
373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426, F.S. History – New 7-2-98. Transferred to 40D-
1.6051.

40D-1.1021 Emergency Authorization of Permits for Activities Regulated Under Part IV of Chapter 373,
F.S.
(1) Permission to begin construction which requires a permit under Chapters 40D-4, 40D-40 and 40D-400,
F.A.C., prior to the issuance of a permit may be applied for in writing, when emergency conditions threaten the
safety of life or property, or passing or imminent floods threaten the safety of any stormwater management system,
dam, impoundment, reservoir, appurtenant work or works. However, no such permission shall be granted unless the
construction is already under consideration for a permit under Part IV of Chapter 373, F.S.
(2) The Executive Director may grant the emergency authorization. The emergency authorization shall be
presented to the Board for concurrence at its next meeting. The failure to receive the Board’s concurrence shall
invalidate the emergency authorization.

Specific Authority 120.54(5), 373.044, 373.113, 373.149, F.S. Law Implemented 120.54(5), 120.569(2)(n),
373.119, 373.413, 373.416, 373.426, 373.439, F.S. History- Readopted 10-5-74, Amended 10-24-76, Formerly 16J-
4.16, Amended 10-1-84, Formerly 40D-4.451, Amended 7-2-98, 6-17-99.

40D-1.1022 Emergency Authorization for Well Construction Permits.


(1) Emergency well construction permits shall be issued by the Executive Director or the Executive Director’s
designee when one of the following conditions exist which justifies the issuance;
(a) An existing well supplying a particular use has failed and must be immediately replaced;
(b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized
without such authorization; or
(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous
degradation of water resources.
(2) If Chapter 40D-2, F.A.C., also applies to the well, an emergency permit may be issued only if, in addition
to qualifying under (1) above, an application for a Water Use Permit (WUP) has been filed with the District.
Issuance of an emergency permit will not be evidence of any entitlement to the WUP.
(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rules 40D-
3.101 and 40D-3.201, F.A.C., along with any other requested information within 48 hours after making oral
application.
(4) Rule 40D-3.411, F.A.C., shall apply to all construction performed under an emergency permit.

Specific Authority 120.54(5), 373.044, 373.113, 373.171, 373.308, 373.309, F.S. Law Implemented 120.54(5),
373.308, 373.309, 373.313, 373.342, F.S. History- Readopted 10-5-74, Formerly 16J-3.12, Amended 7-1-90, 9-30-
91, Formerly 40D-3.451, Amended 7-2-98, 6-17-99.

40D-1.1023 Emergency Authorization for Works of the District Permits.

Specific Authority 120.54(5), 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida. Law
Implemented 120.54(5), 373.084, 373.085, F.S. History – Readopted 10-5-74, Amended 12-31-74, 10-24-76,
Formerly 16J-1.14, 40D-6.451, Amended 7-2-98, 6-17-99, Repealed 6-5-05.

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December 7, 2009 PROCEDURAL Chapter 1

40D-1.1024 Processing Procedures for Noticed General Permits Under Chapter 40D-400 F.A.C.

Specific Authority 120.54(5), 373.044, 373.113, 373.118, 373.414, F.S. Law Implemented 120.54(5), 373.118,
373.413, 373.414, 373.416, 373.426, F.S. History – New 10-3-95, Amended 12-23-97, Formerly 40D-400-211,
Amended 7-2-98, 11-2-08, Transferred to 40D-1.6052

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40D-2
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-2
WATER USE PERMITS

40D-2.011 Policy and Purpose.


40D-2.021 Definitions.
40D-2.031 Implementation.
40D-2.041 Permits Required.
40D-2.051 Exemptions.
40D-2.091 Publications Incorporated by Reference.
40D-2.101 Content of Application.
40D-2.111 Notice of Application Form. (Repealed)
40D-2.121 Notice and Hearing Requirements. (Repealed)
40D-2.131 Times for Receiving Objections and for Hearing. (Repealed)
40D-2.201 Permit Processing Fee. (Repealed)
40D-2.301 Conditions for Issuance of Permits.
40D-2.302 Reservations From Use.
40D-2.311 Competing Applications.
40D-2.321 Duration of Permits.
40D-2.331 Modification of Permits.
40D-2.341 Revocation and Cancellation of Permits.
40D-2.351 Transfer of Permits.
40D-2.361 Renewal of Permits.
40D-2.381 Standard Permit Conditions.
40D-2.401 Identification Tags.
40D-2.441 Temporary Permits. (Repealed)
40D-2.501 Permit Classification.
40D-2.511 Declaration of Water Shortage.
40D-2.521 Change, Suspension or Restriction of Permits During Water Shortage. (Repealed)
40D-2.531 Procedures Under Water Shortage. (Repealed)
40D-2.541 Declaration of Emergency Due to Water Shortage. (Repealed)
40D-2.621 Water-Conserving Credits.
40D-2.801 Water Use Caution Areas.

40D-2.011 Policy and Purpose.


The purpose of this Chapter is to implement the provisions of Part II of Chapter 373, F.S., and the Water
Resource Implementation Rule set forth in Chapter 62-40, F.A.C. Additional rules relating to water use are found in
Chapter 40D-3, F.A.C., entitled Regulation of Wells, Chapter 40D-8, F.A.C., entitled Water Levels and Rates of
Flow, Chapter 40D-80, F.A.C., entitled Prevention and Recovery Strategies For Minimum Flows and Levels,
Chapter 40D-21, F.A.C., entitled Water Shortage Plan, and Chapter 40D-22, F.A.C., entitled Year-Round Water
Conservation Measures.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.219, F.S.
History – Readopted 10-5-74, Formerly16J-2.01, Amended 10-1-89, 1-1-07.

40D-2.021 Definitions.
The following definitions shall apply when used in this chapter and in the District's Water Use Permit
Information Manual Part B, "Basis of Review" incorporated by reference in Rule 40D-2.091, F.A.C.:
(1) "Alternative Water Supplies" and "Alternative Water Supply" means saltwater; brackish surface water and
brackish ground water; surface water captured predominately during wet-weather flows; sources made available
through the addition of new storage capacity for surface or ground water; water that has been reclaimed after one or
more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water
bodies with reclaimed water; stormwater; and any other water supply source that is designated as non-traditional for
a water supply planning region in the applicable regional water supply plan. Inclusion of reclaimed water and

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November 2, 2009 WATER USE PERMITS Chapter 2

seawater in this definition of Alternative Water Supplies does not alter the exemption from water use permitting for
these sources (see Section 1.2, Basis of Review for Water Use Permitting).
(2) "Annual Average" means the annual average daily quantity that is the total quantity authorized by the
District to be withdrawn from water sources in one year, divided by 365 days and expressed in gallons per day
(gpd).
(3) "Change in Ownership or Control" with respect to Self-Relocation within the Southern Water Use Caution
Area (SWUCA) means a person other than the permittee that has been granted a real property interest or lease
interest in the property subject to the permit; but does not include a person with a familial relationship to the
permittee.
(4) "Drought Annual Average" means the annual average daily quantity in the SWUCA that is the total quantity
authorized by the District to be withdrawn in one calendar year for irrigation based on a two-in-ten year drought,
divided by 365 days and expressed in gallons per day (gpd).
(5) "MIA" means the Most Impacted Area within the Southern Water Use Caution Area located in
Hillsborough, Manatee and Sarasota Counties as described in Rule 40D-2.801(3)(b)2, F.A.C.
(6) "Net Benefit" means activities or measures that will result in an improvement to a Minimum Flow or Level
water body within the SWUCA that more than offsets the impact of a proposed withdrawal.
(7) "New Quantities" within the SWUCA means water that is not currently authorized to be withdrawn by the
applicant or not currently authorized to be used for the intended use by the applicant. This includes applications to
modify existing permits to increase quantities, and/or change the Permit Use Type (affecting only the modified
portion) and applications for an initial permit. A modification to change crops or plants grown under an Agricultural
Permit Use Type Classification or to change withdrawal location or Use Type that is authorized by the terms of the
permit or site certification at the time of issuance, is not a change in Permit Use Type provided that the quantities do
not increase. In addition, when land is mined and the land will be returned to the Use Type operation authorized
under the Water Use Permit that existed prior to mining, such activity does not constitute a change in Use Type or
New Quantity.
(8) "Reclaimed Water," except as specifically provided in Chapter 62-610, F.A.C., means wastewater that has
received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater
treatment facility.
(9) "Ridge Lakes" means those lakes located within the area formerly known as the Highlands Ridge Water Use
Caution Area as described in Rule 40D-2.801(3)(b)3, F.A.C.
(10) "Self-Relocation" means a permit modification that authorizes a permittee to move all or a portion of its
withdrawal located within the Southern Water Use Caution Area to a new location or locations owned or controlled
by the permittee within the Southern Water Use Caution Area, with no change in ownership, control, or Use Type as
set forth in Rule 40D-2.501, F.A.C., and no increase in quantities. Self-Relocation does not include changes in
withdrawal location or Use Type that are authorized by the terms of the existing permit.
(11) "SWUCA" means the Southern Water Use Caution Area as described in subsection 40D-2.801(3)(b),
F.A.C.
(12) "Upper Peace River" means that portion of the Peace River beginning at the confluence of Saddle Creek
and the Peace Creek Canal, and extending southerly to the United States Geological Survey Zolfo Springs River
Gage No. 02295637 and including the watershed contributing to that portion of the Peace River.

Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.036, 373.0361, 373.042,
373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229,
373.239, 373.243, F.S. History – New 1-1-07, Amended 07-20-08, 12-30-08.

40D-2.031 Implementation.
(1) Historical Background.
(a) A program for issuance of permits authorizing the consumptive use of water was implemented
commencing January 1, 1975, within the Hillsborough River, Northwest Hillsborough, Green Swamp, Alafia River,
Coastal Rivers, Peace River, Withlacoochee River, and Pinellas-Anclote River Basins.
(b) This program was also implemented commencing August 3, 1977, within the areas annexed into the
Peace and Withlacoochee River Basins and within the Manasota Basin.
(2) Amendments to these rules adopted June 9, 1989, shall become effective on October 1, 1989.

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November 2, 2009 WATER USE PERMITS Chapter 2

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.219,
373.223, 373.224, 373.226, F.S., 78-65, Laws of Florida. History – Readopted 10-5-74, Amended 9-4-77, 10-16-78,
Formerly 16J-2.03, Amended 3-23-81, 10-1-89.

40D-2.041 Permits Required.


(1) Unless expressly exempted by law or District rule, a Water Use Permit must be obtained from the District
prior to withdrawal of water if any of the following thresholds are exceeded:
(a) Total withdrawal capacity from any source or combined sources is greater than or equal to 1,000,000
gallons per day (gpd).
(b) Annual average daily withdrawal from any source or combined sources is greater than or equal to
100,000 gpd.
(c) Withdrawal is from a well having an outside diameter of 6 inches or more at the surface.
(d) Withdrawal is from a surface water body and the outside diameter of the withdrawal pipe or the sum of
the outside diameters of the withdrawal pipes is 4 inches or greater.
(e) In addition to the thresholds set forth in paragraphs (1)(a) through (1)(d) above, a permit is required
within the Most Impacted Area (MIA) as set forth in Rule 40D-2.801(3)(b)2., F.A.C., when withdrawal is from
wells having a cumulative outside diameter greater than 6 inches at the surface any of which wells is constructed
after April 11, 1994. This paragraph (e) shall not apply to any proposed well less than 6 inches in diameter at the
surface when it is of the same diameter or smaller than a well it replaces and an application to plug the replaced well
in accordance with Rule 40D-3.531, F.A.C., is filed with the application to construct the replacement well in
accordance with Rule 40D-3.041, F.A.C.
(2) Water Use Permit categories are based on the combined annual average daily water demand, defined as the
total reasonable-beneficial water quantity necessary for the proposed water use, to be obtained during one year from
ground water, surface water, alternative water supply, imported water or any other water source, divided by 365
days and expressed in gallons per day (gpd). The District issues the following categories of Water Use Permits:
(a) Individual. Water Use Permits for a combined annual average daily water demand of 500,000 gpd or
greater are issued as Individual Water Use Permits.
(b) General. Water Use Permits for the following are issued by District staff as General Water Use
Permits, except as provided in Chapter 4, Section 4.3 A.1.a.ii.(4) of the Basis of Review:
1. A combined annual average daily water demand less than 500,000 gpd but greater than or equal to
100,000 gpd; or
2. A combined annual average daily water demand less than 100,000 gpd when:
a. The drought annual average is 100,000 gpd or more in the Southern Water Use Caution Area;
b. Withdrawal is for mining or dewatering;
c. The primary withdrawal source is a surface water and the combined annual average daily
water demand is at least 50,000 gpd;
d. The withdrawals are required by the permit to be metered and withdrawal quantities reported
to the District;
e. The maximum daily withdrawal quantity equals or exceeds 3,000,000 gpd for crop protection
or other use unless at least one permitted withdrawal facility is located within the Dover-Plant City area, in which
case the maximum daily withdrawal quantity equals or exceeds 1,000,000 gpd for crop protection or other use.
(c) Small General. Water Use Permits for a combined annual average daily water demand less than
100,000 gpd are issued as Small General Water Use Permits unless any criteria listed above the General Water Use
Permits apply. Small General Water Use Permits are issued by staff.
(3) The District shall require a water use permit when evidence indicates the withdrawal is likely to cause
significant adverse impacts to existing water or land uses or the water resource or the withdrawal is within an area
that is experiencing or is projected to experience withdrawal-related adverse water resource or environmental
impacts.
(4) Upon the effective date of amendments defining water use permits as provided in section (2) above, any
permit issued which, as a result of such amendments, is thereafter defined as a different permit for which a higher
fee is required shall be converted by the District to the applicable permit without any fee payment. If a submitted
application for a permit is pending as of the effective date of amendments defining water use permits and, as result
of such amendments, will be issued as a permit requiring a higher application fee payment, no additional fee
payment shall be required in order for the application to be considered complete.

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November 2, 2009 WATER USE PERMITS Chapter 2

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented
373.079(4)(a), 373.083(5), 373.219, 373.223, 373.224, 373.226, F.S. History – Readopted 10-5-74, Amended 12-
31-74, 10-24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(1), (2), (4), (5), Amended 9-1-84, 11-4-84, 10-1-89, 2-10-93,
4-11-94, 1-1-07, 12-30-08, 5-17-09, 11-2-09.

40D-2.051 Exemptions.
(1) No permit is required for the following uses:
(a) Domestic consumption of water by individual users. The District shall presume, unless otherwise
shown to the contrary, that any use of water exceeding the quantities set forth in Rule 40D-2.041, F.A.C., is not
limited to individual domestic consumption and is not exempt by this provision.
(b) Those certified uses defined in Chapter 62-17, F.A.C., entitled Electrical Power Plant Siting effective
April 14, 1986.
(c) Temporary withdrawals for contamination cleanup, provided that:
1. The United States Environmental Protection Agency, the State of Florida Department of
Environmental Protection, the State of Florida Department of Health and Rehabilitative Services and other agencies
have been appropriately notified of the cleanup activity;
2. Well construction permits are obtained from the District, including an acceptable plan for
abandonment of these wells; and
3. The quantities withdrawn do not exceed the quantities in paragraphs 40D-2.041(1)(a) and (b),
F.A.C.
(d) Temporary withdrawals from test wells, provided that an attendant testing program has been submitted
to the District. A Water Use Permit must be obtained prior to converting a test well to a production well.
(e) Temporary dewatering for construction of buildings or other foundations and roadways or for
installation of utility pipeline, cable, culverts, and catch basins.
(2) All holders of permit agreements for water use executed or issued prior to July 1, 1973, shall remain in full
force and effect in accordance with its terms unless otherwise modified or revoked by the Governing Board.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.219,
373.223, 373.224, 373.226, F.S., 76-243, Laws of Florida. History – Readopted 10-5-74, Amended 12-31-74, 10-
24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(3), Amended 10-1-89, 2-24-03.

40D-2.091 Publications and Forms Incorporated by Reference.


(1) The following publications are hereby incorporated by reference into this Chapter, and are available from
the District’s website at www.watermatters.org or from the District upon request:
(a) Water Use Permit Information Manual Part B, "Basis of Review (11-2-09) and
(b) Water Use Permit Information Manual Part D, "Requirements for the Estimation of Permanent and
Temporal Service Area Populations” (1-20-09).
(2) The following forms for reporting information to the District are hereby incorporated by reference, and are
available from the District upon request:
(a) Flow Meter Accuracy Verification Form, Form No. LEG-R.021.01 (4/09);
(b) Irrigation Water Use Form – Annual Crops, Southern Water Use Caution Area, Form No. LEG-
R.017.01 (4/09);
(c) Irrigation Water Use Form – Annual Recreation/Aesthetic/Golf, Southern Water Use Caution
Area, Form No. LEG-R.018.01 (4/09);
(d) Irrigation Water Use Form – Summer/Fall Seasonal, Southern Water Use Caution Area, Form No.
LEG-R.019.01 (4/09);
(e) Irrigation Water Use Form – Winter/Spring Seasonal, Southern Water Use Caution Area, Form
No. LEG-R.020.01 (4/09);
(f) Irrigation Water Use Form – Seasonal Crops, Northern Tampa Bay Water Use Caution Area,
Form No. LEG-R.024.00 (4/09); and
(g) Irrigation Water Use Form – Annual Crops, Northern Tampa Bay Water Use Caution Area, Form
No. LEG-R.025.00 (4/09).

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November 2, 2009 WATER USE PERMITS Chapter 2

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.036, 373.0361, 373.042,
373.0421, 373.079(4)(a), 373.083(5), 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216,
373.219, 373.223, 373.229, 373.239, 373.243, F.S. History – New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93,
7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05,
10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-
10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 11-2-09.

40D-2.101 Content of Application.


(1) In order to obtain a Water Use Permit, an applicant shall file with the District the appropriate form entitled
"Water Use Permit application" form, including the appropriate supplemental forms or attachments as may be
required for the type of permit and the water use or uses for which application is being made. The application shall
consist of all completed forms and other documentation submitted in support of the application for the Water Use
Permit, which shall constitute information sufficient to demonstrate that the water use meets the criteria and
conditions established in Rule 40D-2.301, F.A.C.
(2) The following District application forms shall be used to obtain a new Water Use Permit or to renew an
existing Water Use Permit. All permit application forms described herein have been approved by the District
Governing Board and are incorporated by reference into this Chapter. Forms are available upon request from the
District’s website at www.watermatters.org or from District offices.
(a) Individual Water Use Permit. Application for a new or renewal of an existing Individual Water Use
Permit shall be made using the Individual Water Use Permit Application, Form No. LEG-R.029.00 (3/09).
Applicants shall also submit one or more of the following Supplemental Forms as appropriate for each type of water
use proposed in the permit application:
1. Water Use Permit Application Supplemental Form – Agriculture, Form No. LEG-R.030.00 (3/09)
2. Water Use Permit Application Supplemental Form – Industrial or Commercial, Form No. LEG-
R.031.00 (3/09)
3. Water Use Permit Application Supplemental Form – Mining or Dewatering, Form No. LEG-
R.032.00 (3/09)
4. Water Use Permit Application Supplemental Form – Public Supply, Form No. LEG-R.033.00
(3/09)
5. Water Use Permit Application Supplemental Form – Recreation or Aesthetic, Form No. LEG-
R.034.00 (3/09)
(b) General Water Use Permit. Application for a new or renewal of an existing General Water Use Permit
shall be made using the General Water Use Permit Application Form, No. LEG-R.028.00 (3/09). Applicants shall
also submit one or more Supplemental Forms listed in subparagraph (2)(a) above as appropriate for each type of
water use proposed in the permit application.
(c) Small General Water Use Permit. Application for a new Small General Water Use Permit shall be
made using the Small General Water Use Permit Application, Form No. LEG-R.027.00 (3/09). To renew a Small
General Water Use Permit issued solely for agricultural use, application shall be made using the Application to
Renew a Small General Water Use Permit for Agricultural Use, Form No. LEG-R.036.00 (3/09). Application to
renew all other Small General Water Use Permits shall be made using the Small General Water Use Permit
Application, Form No. LEG-R.027.00 (3/09). One or more of the following Attachment Forms for a specific water
use shall be submitted with the application form if the application proposes one of the specified water uses:
1. Small General Water Use Permit Application – Agriculture Attachment, Form No. LEG-R.037.00
(3/09)
2. Small General Water Use Permit Application – Industrial or Commercial Attachment, Form No.
LEG-R.038.00 (3/09)
3. Small General Water Use Permit Application – Recreation or Aesthetic Attachment, Form No.
LEG-R.039.00 (3/09)
(d) Mining and Dewatering Water Use Permit. Application for a new or renewal of an existing Water Use
Permit for mining and dewatering uses other than phosphate mining shall be made using the Water Use Permit
Application – Mining and Dewatering Materials Other Than Phosphate, Form No. LEG-R.048.00 (8/09). The
application shall be categorized as an application for an Individual or General Water Use Permit based upon the
combined annual average daily water demand as provided in subsection 40D-2.041(2), F.A.C. Application for a
new or renewal of a Water Use Permit for phosphate mining shall be made using the Individual or General Water

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November 2, 2009 WATER USE PERMITS Chapter 2

Use Permit application form and the Water Use Permit Application Supplemental Form – Mining or Dewatering,
Form No. LEG-R.032.00 (3/09) incorporated herein by reference.
(3) For projects which require both a water use permit and a surface water management permit pursuant to
District rules, the Applicant must demonstrate that a completed surface water management permit application has
been submitted. If the District determines that a permit application involves an area where the Water Use Permit
may not be granted because of water resource problems, the requirement for a complete surface water management
permit application may be waived by the District.
(4) The District may require additional information deemed necessary to protect the water resources and
existing users.
(5) Optional Application Forms. The following forms may be used by applicants in support of permit
applications, are hereby incorporated by reference and are available from the District’s website at
www.watermatters.org or from the District offices:
(a) Proposed Well Construction Location and Design Form, Form No. LEG-R.006.01 (4/09); and
(b) Agricultural Water Allotment Form, Form No. LEG-R.042.00 (4/09).
(6) Southern Water Use Caution Area Application Forms. In addition to the permit application and
information forms identified in subsections (1) – (5) above, all applicants for permits in the Southern Water Use
Caution Area (SWUCA) shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No.
LEG-R.007.02 (4/09) incorporated herein by reference. Applicants in the SWUCA shall also submit the following
application and supplemental forms as appropriate for the intended water use type as described in Chapters 3 and 4
of the Water Use Permit Information Manual, Part B “Basis of Review.” All SWUCA application and supplemental
information forms may be obtained from the District’s website at www.watermatters.org or from District offices:
(a) Public Supply Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.012.01
(4/09);
(b) Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.010.01 (4/09);
and
(c) Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-
R.011.01 (4/09)

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.229, 403.0877 FS. History–
Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93,
7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, 7-1-09, 8-30-09, 10-26-09.

40D-2.111 Notice of Application Form.

Specific authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.116,
373.229, F.S. History – Readopted 10-5-74, Amended 10-24-76, Formerly 16J-2.07, Repealed 10-1-84.

40D-2.121 Notice and Hearing Requirements.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.116,
373.229, F.S. History – Readopted 10-5-74, Amended 10-24-76, Formerly 16J-2.08, Amended 10-21-80, 6-30-81,
Repealed 10-1-84.

40D-2.131 Times for Receiving Objections and for Hearing.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.116, 373.229, F.S. History –
Readopted 10-5-74, Formerly 16J-2.09, Amended 10-21-80, Repealed 10-1-84.

40D-2.201 Permit Processing Fee.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.109,
373.223, F.S. History – Readopted 10-5-74, Formerly 16J-2.10, Repealed 10-1-89.

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November 2, 2009 WATER USE PERMITS Chapter 2

40D-2.301 Conditions for Issuance of Permits.


(1) In order to obtain a Water Use Permit, an Applicant must demonstrate that the water use is reasonable and
beneficial, is in the public interest, and will not interfere with any existing legal use of water, by providing
reasonable assurances, on both an individual and a cumulative basis, that the water use:
(a) Is necessary to fulfill a certain reasonable demand;
(b) Will not cause quantity or quality changes that adversely impact the water resources, including both
surface and ground waters;
(c) Will not cause adverse environmental impacts to wetlands, lakes, streams, estuaries, fish and wildlife
or other natural resources;
(d) Will not interfere with a reservation of water as set forth in Rule 40D-2.302, F.A.C.
(e) Will comply with the provisions of 4.3 of the Basis of Review described in Rule 40D-2.091, F.A.C.;
(f) Will utilize the lowest water quality the Applicant has the ability to use, provided that its use does not
interfere with the recovery of a water body to its established MFL and it is not a source that is either currently or
projected to be adversely impacted;
(g) Will not significantly induce saline water intrusion;
(h) Will not cause pollution of the aquifer;
(i) Will not adversely impact offsite land uses existing at the time of the application;
(j) Will not adversely impact an existing legal withdrawal:
(k) Will incorporate water conservation measures;
(l) Will incorporate use of Alternative Water Supplies to the greatest extent practicable;
(m) Will not cause water to go to waste; and
(n) Will not otherwise be harmful to the water resources within the District.
(2) Permit Applicants for projects which require both a water use permit and a surface water management
permit pursuant to District Rules shall submit a completed surface water management permit application to the
District prior to issuance of a Water Use Permit. If the District determines that a permit application involves an area
where the Water Use Permit may not be granted because of water resource problems, the requirement for a complete
surface water management permit application may be waived by the District. Where such waivers are granted, the
Water Use Permit shall specify that a well construction permit will not be issued and that withdrawals cannot
commence until the appropriate District surface water permit is issued.
(3) The standards and criteria set forth in the “Basis of Review For Water Use Permit Applications,” identified
in Rule 40D-2.091, F.A.C., shall be used to provide the reasonable assurances required in subsection 40D-2.301(1),
F.A.C.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.219, 373.223, 373.229, F.S. History –
Readopted 10-5-74, Amended 12-31-74, 2-6-78, 7-5-78, Formerly 16J-2.11, 16J-2.111, Amended 1-25-81, 10-1-89,
2-10-93, 8-3-00, 4-14-02, 1-1-07.

40D-2.302 Reservations From Use.


(1) All available water from the Morris Bridge Sink but not greater than 3.9 million gallons of water on any
given day is reserved to be used to contribute to achieving or maintaining the Minimum Flows for the Lower
Hillsborough River set forth in 40D-8.041, F.A.C. The Morris Bridge Sink is located in Section 5, Township 28S,
Range 20E, approximately 0.6 miles south of the Hillsborough River and 0.5 miles north of Cow House Creek in
Hillsborough County, Florida.
(2) The Governing Board anticipates reserving from use water necessary to recover to, and protect, the
Minimum Flows and Levels established for the Southern Water Use Caution Area as set forth in Chapter 40D-8,
F.A.C. These reservations will be adopted through future rulemaking on a case-by-case basis, to address water that
is developed through water resource development projects designed to achieve and maintain Minimum Flows and
Levels. Adopted reservations will be incorporated into this Rule 40D-2.302, F.A.C.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.223, F.S. History -
New 1-1-07, Amended 11-25-07.

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November 2, 2009 WATER USE PERMITS Chapter 2

40D-2.311 Competing Applications.


(1) If two or more applications for permits, which otherwise comply with these Rules and with Governing
Board orders, are pending for a quantity of water that is inadequate for both or all, or which for any other reason are
in conflict, the District shall have the right to approve or modify the applications in a manner which best serves the
public interest as determined by the District.
(2) In the event that two or more competing applications qualify equally under the provisions of subsection (1),
the District will give preference to a renewal application over an initial application.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented
373.079(4)(a), 373.083(5), 373.233, F.S. History – Readopted 10-5-74, Formerly 16J-2.12, Amended 10-1-89, 11-2-
09.

40D-2.321 Duration of Permits.


(1) The District shall determine the duration of a Water Use Permit, including Standby Permits, based on the
degree and likelihood of potential adverse impacts to the water resource or existing users.
(2) The duration of a water use permit shall not exceed six years when:
(a) The permit is for a new use greater than or equal to 500,000 gpd;
(b) The District determines there is a potential for significant adverse impacts and further evaluation is
needed to develop an effective mitigation plan; or
(c) The permit is for a renewal to significantly increase quantities.
(3) The duration of a water use permit shall not exceed 10 years when:
(a) The permit is for a new use less that 500,000 gpd;
(b) The permit is for a renewal with an effective mitigation plan to address potential adverse impacts; or
(c) The permit is for a renewal with no significant modification.
(4) If the District determines that a permit term longer than 10 years is appropriate based on facts presented by
an Applicant, the District shall issue a permit for a period up to 50 years in accordance with Section 373.236, F.S.
(5) Where a permit is required for the development of Alternative Water Supplies, such permit will be granted
for a duration of 20 years. If the permittee issued bonds for the project’s construction, the permit shall be extended
for the time required to retire the bonds, in accordance with Section 373.236(4), F.S.
(6) Subject to the limitation on groundwater allocations explained in the provisions under the heading
"REQUIREMENTS FOR APPLICANTS FOR GOUNDWATER WITHDRAWALS WITHIN THE CENTRAL
FLORIDA COORDINATION AREA" set forth in Section 3.6 of the Basis of Review ("the Provisions"), within the
Central Florida Coordination Area the maximum permit duration for a Public Supply Utility applicant or Similar
Applicant proposing to withdraw groundwater shall be limited to December 31, 2013, unless the applicant will
satisfy the requirements of B.2.a., or b., of the Provisions. If the applicant satisfies the requirements of B.2.a., or b.,
the permit duration shall be up to 20 years.

Specific Authority 373.044, 373.103, 373.113, 373.171, F.S. Law Implemented 373.103, 373.171, 373.236 F.S.
History - Readopted 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-
89, 7-28-98, 1-1-03, 1-1-07, 2-13-08, 12-30-08.

40D-2.331 Modification of Permits.


(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when
the sole purpose is to modify the expiration date. However, upon request and documentation by the permittee,
modification applications that are deemed by the District to be substantial, as described in Basis of Review Section
1.12 shall be processed as a renewal application with modification. A request for modification shall be reviewed in
accordance with the rules in effect at the time the modification is filed.
(2) Modifications may be requested by:
(a) Formal application, using the same Individual, General or Small General Water Use Permit application
form and applicable supplemental or attachment form(s) submitted for a new permit as are incorporated in
subsection 40D-2.101(2), F.A.C., or
(b) Through use of a Modification Short Form, Form No. LEG-R.035.00 (3/09), incorporated herein by
reference and available at any District office or through the District’s website at www.watermatters.org. A
Modification Short Form may be submitted, provided the annual average daily withdrawal will not increase by more

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November 2, 2009 WATER USE PERMITS Chapter 2

than 100,000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the
modification does not cause the total annual average daily quantity to equal or exceed 500,000 gpd, the proposed
changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a
permit term. Within the SWUCA, except to reactivate standby quantities as provided in Section 1.12 of the Basis of
Review, a Modification Short Form shall not be used for modifications that include a request to Self-Relocate or to
increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow
or Level.
(3) The District shall order the modification of any permit if it is shown that the use or disposition of water is
detrimental to other water users or to the water resources or no longer meets the conditions for issuance identified in
Rule 40D-2.301, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented
373.079(4)(a), 373.083(5), 373.171, 373.239, F.S. History – Readopted 10-5-74, Formerly 16J-2.14(1), Amended
10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09.

40D-2.341 Revocation and Cancellation of Permits.


(1) The Governing Board shall permanently or temporarily revoke a permit in whole or in part, at any time
after notice and hearing, if it finds that the use is no longer reasonable beneficial or is no longer in the public
interest.
(2) In determining whether the use is not reasonable beneficial or in the public interest, the Governing Board
shall consider:
(a) Any material false statement in an application to continue, initiate, or modify a use, or for ay material
false statement of fact required of the user pursuant to the provisions of this Chapter;
(b) Any willful violation of the material terms or conditions of the permit;
(c) Any violation of any provision of this Chapter which the Permittee does not resolve; or
(d) Nonuse of the water supply allowed by the permit for a period of 2 years or more unless the user can
prove that his nonuse was due to extreme hardship caused by factors beyond his control; or
(e) Whether the withdrawal causes significant adverse impacts to the water resources, environmental
systems, or existing legal users, and the Permittee does not modify the activities or satisfactorily mitigate the
impacts.
(3) The District may administratively cancel a permit when the permittee or permittee's authorized agent
requests the permit to be canceled or the permit has been abandoned, except as described in paragraph 40D-
2.341(2)(d), F.A.C.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.171,
373.243, F.S. History – Readopted 10-5-74, Formerly 16J-2.15, Amended 10-1-89, 2-1-05, 10-19-05.

40D-2.351 Transfer of Permits.


(1) Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue an existing,
permitted water use and who have acquired ownership or legal control of permitted water withdrawal facilities or the
land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring
ownership or legal control of such water withdrawal facilities or such land. The applicant shall request such transfer
using the "Application to Transfer a Water Use Permit,” Form No. LEG-R.002.04 (4/09), incorporated herein by
reference. Copies of the form can be obtained from the District’s website at www.watermatters.org. or from District
offices. The District will transfer the permit provided all aspects of the permit except for ownership remain the
same. All terms and conditions of the permit shall become binding on the transferee.
(2) Until the permit is transferred or a new permit obtained, the party subsequently controlling the permitted
water withdrawal facilities will be in violation of these rules for making any withdrawals without the required
permit.
(3) Persons who apply to transfer a permit under subsection (1) above and who propose to change the source,
use or withdrawal quantities from those specified on the existing permit must also submit an application to modify
the permit with the application to transfer the permit.
(4) Applications for partial transfers of permits shall be made in accordance with Section 1.10 of the District's
Basis of Review for Water Use Permit Applications.

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November 2, 2009 WATER USE PERMITS Chapter 2

Rulemaking Authority 373.044, 373.113, F.S. Law Implemented 373.219, F.S. History – New 10-1-89, Amended 2-
10-93, 3-30-93, 2-1-05, 10-19-05, 11-25-07, 8-30-09.

40D-2.361 Renewal of Permits.


(1) Applications for renewal of permits shall be made no earlier than 1 year and should be made no later than
90 days prior to the expiration date of the permit. Application for a permit renewal is timely only if actually received
by the District not later than the expiration date of the existing permit. Mailing the application does not constitute
receipt by the District.
(2) (a) Subsection (1) above shall be applicable to those permits which are not extended pursuant to
subsection 40D-2.321(6), F.A.C., based on the expiration date on the face of the permit.
(b) Subsection (1) above shall be applicable to those permits which are extended pursuant to subsection
40D-2.321(6), F.A.C., based on the revised expiration date assigned to the permit.

Specific Authority 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249, F.S. Law
Implemented 373.103, 373.239, F.S. History – Readopted 10-5-74, Formerly 16J-2.14(2), Amended 9-1-84, 10-1-
89, 7-2-98, 7-28-98, 4-7-08.

40D-2.381 Standard Permit Conditions.


(1) The District shall impose on any permit granted under this Chapter such reasonable conditions as are
necessary to assure that the permitted operation will be consistent with the overall objectives of the District and will
not be harmful to the water resources of the District or existing legal users.
(2) Every permit acquired under this Chapter shall include standard terms which describe the following
information:
(a) Permittee’s name and address,
(b) Permit number,
(c) Date permit application filed,
(d) Date permit granted,
(e) Permit expiration date,
(f) Water source classification,
(g) Water use classification,
(h) Property location,
(i) Quantity permitted, and
(j) Withdrawal locations.
(3) Every permit acquired under this Chapter shall include the following standard conditions which impose
certain limitations on the permitted water withdrawal:
(a) If any of the statements in the application and in the supporting data are found to be untrue and
inaccurate, or if the Permittee fails to comply with all of the provisions of Chapter 373, F.S., Chapter 40D, F.A.C.,
or the conditions set forth herein, the Governing Board shall revoke this permit in accordance with Rule 40D-2.341,
F.A.C., following notice and hearing.
(b) This permit is issued based on information provided by the Permittee demonstrating that the use of
water is reasonable and beneficial, consistent with the public interest, and will not interfere with any existing legal
use of water. If, during the term of the permit, it is determined by the District that the use is not reasonable and
beneficial, in the public interest, or does impact an existing legal use of water, the Governing Board shall modify
this permit or shall revoke this permit following notice and hearing.
(c) The Permittee shall not deviate from any of the terms or conditions of this permit without written
approval by the District.
(d) In the event the District declares that a water shortage exists pursuant to Chapter 40D-21, F.A.C., the
District shall alter, modify, or declare inactive all or parts of this permit as necessary to address the water shortage.
(e) The District shall collect water samples from any withdrawal point listed in the permit or shall require
the Permittee to submit water samples when the District determines there is a potential for adverse impacts to water
quality.

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November 2, 2009 WATER USE PERMITS Chapter 2

(f) The Permittee shall provide access to an authorized District representative to enter the property at any
reasonable time to inspect the facility and make environmental or hydrologic assessments. The Permittee shall
either accompany District staff onto the property or make provision for access onto the property.
(g) Issuance of this permit does not exempt the Permittee from any other District permitting requirements.
(h) The Permittee shall cease or reduce surface water withdrawal as directed by the District if water levels
in lakes fall below the applicable minimum water level established in Chapter 40D-8, F.A.C., or rates of flow in
streams fall below the minimum levels established in Chapter 40D-8, F.A.C.
(i) The Permittee shall cease or reduce withdrawal as directed by the District if water levels in aquifers
fall below the minimum levels established by the Governing Board.
(j) The Permittee shall practice water conservation to increase the efficiency of transport, application, and
use, as well as to decrease waste and to minimize runoff from the property. At such time as the Governing Board
adopts specific conservation requirements for the Permittee’s water use classification, this permit shall be subject to
those requirements upon notice and after a reasonable period for compliance.
(k) The District may establish special regulations for Water Use Caution Areas. At such time as the
Governing Board adopts such provisions, this permit shall be subject to them upon notice and after a reasonable
period for compliance.
(l) The Permittee shall mitigate any adverse impact to existing legal uses caused by withdrawals. When
adverse impacts occur or are imminent, the District may require the Permittee to mitigate the impacts. Adverse
impacts include:
1. A reduction in water levels which impairs the ability of a well to produce water;
2. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands,
springs, streams or other watercourses; or
3. Significant inducement of natural or manmade contaminants into a water supply or into a usable
portion of an aquifer or water body.
(m) The Permittee shall mitigate any adverse impact to environmental features or offsite land uses as a
result of withdrawals. When adverse impacts occur or are imminent, the District shall require the Permittee to
mitigate the impacts. Adverse impacts include the following:
1. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands,
springs, streams, or other watercourses;
2. Sinkholes or subsidence caused by reduction in water levels;
3. Damage to crops and other vegetation causing financial harm to the owner; and
4. Damage to the habitat of endangered or threatened species.
(n) When necessary to analyze impacts to the water resource or existing users, the District shall require the
Permittee to install flow metering or other measuring devices to record withdrawal quantities and submit the data to
the District.
(o) A District identification tag shall be prominently displayed at each withdrawal point that is required by
the District to be metered or for which withdrawal quantities are required to be reported to the District, by
permanently affixing the tag to the withdrawal facility.
(p) Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue the water
use permitted herein and who have acquired ownership or legal control of permitted water withdrawal facilities or
the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of
acquiring ownership or legal control of the water withdrawal facilities or the land.
(q) All permits issued pursuant to these Rules are contingent upon continued ownership or legal control of
all property on which pumps, wells, diversions or other water withdrawal facilities are located.
(r) Within the Southern Water Use Caution Area, if the District determines that significant water quantity
or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the District, upon
reasonable notice to the permittee, including a statement of facts upon which the District based its determination,
may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or
impact, but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a
hearing.
(4) In addition to the standard terms and conditions listed previously, the District shall impose special
conditions as set forth in the “Basis of Review For Water Use Permit Applications,” identified in Rule 40D-2.091,
F.A.C., or other special conditions appropriate to any specific project.

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November 2, 2009 WATER USE PERMITS Chapter 2

Rulemaking Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.079(4)(a), 373.083(5), 373.219,
373.223, 373.244 FS. History - New 6-7-78, Amended 9-9-80, 10-21-80, Formerly 16J-2.112, Amended 10-1-89, 2-
10-93, 5-2-93, 4-14-02, 1-1-03, 10-19-05, 7-20-08, 11-2-09.

40D-2.401 Identification Tags.


(1) When a Water Use Permit is issued, the Governing Board will issue a permanent tag bearing a use
identification number for each withdrawal facility that is required by the District to be metered or for which
withdrawal quantities are required to be reported to the District, which tag shall be prominently displayed at the site
of withdrawal by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility. If the
Water Use Permit covers several facilities, such as a well field, a tag will be issued for each facility.
(2) Failure to display a permit tag as prescribed herein shall constitute a violation of these rules and may be
grounds for suspension or revocation of the permit. The permittee shall be allowed 10 days after notice to obtain a
replacement tag. Upon failure of the permittee to display such tag within 10 days, the Governing Board may cause
the replacement of such tag and charge the permittee one hundred dollars ($100) for such service.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.219,
373.223, 373.224, 373.226, F.S. History – Readopted 10-5-74, Formerly 16J-2.05, Amended 10-1-89, 7-20-08.

40D-2.441 Temporary Permits.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.229, 373.244, F.S. History –
New 11-6-79, Formerly 16J-2.25, Amended 10-1-89, Repealed 3-30-93.

40D-2.501 Permit Use Types.


Each Water Use Permit shall authorize water withdrawals for as many of the following use types as are
applicable, and shall be classified according to the use type for which the greatest withdrawal quantities are
authorized. Permit use types are as follows:
(1) Public Supply,
(2) Recreation or Aesthetic Use,
(3) Agricultural,
(4) Industrial or Commercial, and
(5) Mining or Dewatering.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.216, 373.219, 373.246 F.S. History -
Readopted 10-5-74, Amended 12-31-74, Formerly 16J-2.16, Amended 11-19-84, 10-1-89, 1-1-03, 12-30-08.

40D-2.511 Declaration of Water Shortage.


(1) The Governing Board in accordance with Chapter 40D-21, F.A.C., may declare that a water shortage exists
within all or part of the District when insufficient water is available to meet the need of the users or when conditions
are such as to require temporary reduction in total use within the area to protect water resources from serious harm.
(2) The Governing Board may impose such restrictions on one or more users of the water resources as may be
necessary to protect water resources of the area from serious harm as set forth in Part VI of Chapter 40D-21, F.A.C.
(3) Upon declaring a water shortage, the Governing Board shall prepare a Notice of Water Shortage, which
shall be substantially in accordance with Rule 40D-21.275, F.A.C.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.246, F.S.
History – Readopted 10-5-74, Formerly 16J-2.20, 16J-2.21, Amended 11-4-84.

40D-2.521 Change, Suspension, or Restriction of Permits During Water Shortage.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.246, F.S.
History – Readopted 10-5-74, Amended 10-24-76, Formerly 16J-2.23, Amended 11-4-84, Repealed 10-1-89.

40D-2.531 Procedures Under Water Shortage.

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November 2, 2009 WATER USE PERMITS Chapter 2

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.246, F.S.
History – Readopted 10-5-74, Formerly 16J-2.22, Amended 11-4-84, Repealed 10-1-89.

40D-2.541 Declaration of Emergency Due to Water Shortage.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249, F.S. Law Implemented 373.246, F.S.
History – Readopted 10-5-74, Formerly 16J-2.24, Amended 11-4-84, Repealed 10-1-89.

40D-2.621 Water-Conserving Credits.


(1) On January 1, 2003, permits authorizing a water withdrawal within the SWUCA for irrigation shall be
assigned an initial Water-Conserving Credit by the District for a quantity of water as set forth in Chapter 3 of the
Basis of Review incorporated by reference in Rule 40D-2.091, F.A.C.
(2) Permittees with an Individual or General Water Use Permit authorizing a water withdrawal within the
SWUCA for irrigation may earn Water-Conserving Credits to withdraw additional quantities of ground water for use
at the site at which they were earned and for the source for which they were earned. Water-Conserving Credits are
earned if less than the allowable amount of groundwater is applied to actual, planted acreage as set forth in Chapter
3 of the Basis of Review incorporated by reference in Rule 40D-2.091, F.A.C.
(3) Withdrawals under the Water-Conserving Credits shall meet the Conditions for Issuance set forth in
subsection 40D-2.301(1), F.A.C.

Specific Authority 373.044, 373.113, 373.171 F.S. Law Implemented 373.171, 373.216, 373.219, 373.223,
373.239, F.S. History: New 1-1-03, Amended 1-1-07, 12-30-08.

40D-2.801 Water Use Caution Areas.


(1) When the Governing Board determines that regional action is necessary to address cumulative water
withdrawals which are causing or may cause adverse impacts to the water and related land resources or the public
interest, it shall declare, delineate, or modify Water Use Caution Areas. The Governing Board shall declare a Water
Use Caution Area by adopting a rule or issuing an order imposing special requirements for existing water users and
permit applicants to prevent or remedy site-specific problems.
(2) In determining whether an area should be declared a Water Use Caution Area, the Governing Board shall
consider the following factors:
(a) The quantity of water available for use from ground water sources, surface water sources, or both;
(b) The quality of water available for use from ground water sources, surface water sources, or both,
including impacts such as saline water intrusion, mineralized water upcoming, or pollution;
(c) Environmental systems, such as wetlands, lakes, streams, estuaries, fish and wildlife, or other natural
resources;
(d) Lake stages or surface water rates of flow:
(e) Offsite land uses; and
(f) Other resources as deemed appropriate by the Governing Board.
(3) The regions described in this Rule have been declared Water Use Caution Areas by the District Governing
Board. This Rule reaffirms the declaration of Water Use Caution Areas and creates conditions to be applied to
water users in those areas.
(a) Northern Tampa Bay Water Use Caution Area. To address ground water withdrawals that have
resulted in lowering of lake levels, destruction or deterioration of wetlands, reduction in streamflow, and salt water
intrusion, the Governing Board declared portions of northern Hillsborough County, southwestern Pasco County, and
all of Pinellas County a Water Use Caution Area on June 28, 1989, pursuant to Resolution Number 934. The
Governing Board approved expansion of the boundaries of the Water Use Caution Area in June 2007.
1. The boundary for the Northern Tampa Bay Water Use Caution Area is as follows:
All of Pinellas County;
All of Pasco County;
That portion of Hillsborough County within the following sections (all Townships are South; all
Ranges are East):
Township 27, Range 17: All Sections;

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November 2, 2009 WATER USE PERMITS Chapter 2

Township 27, Range 18: All Sections;


Township 27, Range 19: All Sections;
Township 27, Range 20: All Sections;
Township 27, Range 21: All Sections;
Township 27, Range 22: All Sections;
Township 28, Range 17: All Sections;
Township 28, Range 18: All Sections;
Township 28, Range 19: All Sections;
Township 28, Range 20: All Sections;
Township 28, Range 21: All Sections;
Township 28, Range 22: All Sections;
Township 29, Range 17: All Sections;
Township 29, Range 18: All Sections;
Township 30, Range 17: All Sections;
Township 30, Range 18: All Sections;
Township 29, Range 22: All Sections North of State Road 60;
Township 29, Range 21: All Sections North of State Road 60;
Township 29, Range 20: All Sections North of State Road 60:
Township 29, Range 19: Section 24 North of State Road 60 and all remaining Sections except 22,
23, 25, 26, 27 and 34 through 36.
2. Regulations applicable to this Water Use Caution Area are contained in “Section 7.3, Basis of
Review For Water Use Permit Applications.”
3. All Water Use Permits within the Water Use Caution Area are hereby modified to conform with
this Rule, and applicable permit conditions specified in “Section 7.3, Basis of Review For Water Use Permit
Applications,” are incorporated into all Water Use Permits within the Water Use Caution Area.
4. The Northern Tampa Bay Water Use Caution Area is a water resource caution area for purposes of
Chapter 403, F.S., and Chapter 62-40, F.A.C.
(b) Southern Water Use Caution Area (SWUCA). To address lowered lake levels, stream flows and
ground water levels, water quality degradation and adverse impacts to water users, the Governing Board declared all
or portions of Manatee, Sarasota, DeSoto, Hardee, Charlotte, Highlands, Hillsborough and Polk Counties within the
District's boundaries a Water Use Caution Area on October 26, 1992, pursuant to Resolution Number 92-10.
1. As shown in Figure 2-1, the boundary for the Southern Water Use Caution Area is as follows:
All of Manatee, Sarasota, Charlotte, Hardee, DeSoto, and Highlands Counties within the
boundaries of the Southwest Florida Water Management District, and that portion of Hillsborough County within
the following sections (all Townships are South; all Ranges are East):
Township 29, Range 19: All whole or partial Sections South of State Road 60;
Township 29, Range 20: All whole or partial Sections South of State Road 60;
Township 29, Range 21: All whole or partial Sections South of State Road 60;
Township 29, Range 22: All whole or partial Sections South of State Road 60;
Township 30, Range 19: All Sections;
Township 30, Range 20: All Sections;
Township 30, Range 21: All Sections;
Township 30, Range 22: All Sections;
Township 31, Range 18: All Sections;
Township 31, Range 19: All Sections;
Township 31, Range 20: All Sections;
Township 31, Range 21: All Sections;
Township 31, Range 22: All Sections;
Township 32, Range 18: All Sections;
Township 32, Range 19: All Sections;
Township 32, Range 20: All Sections;
Township 32, Range 21: All Sections;
Township 32, Range 22: All Sections;
Township 33, Range 15: All Sections;

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November 2, 2009 WATER USE PERMITS Chapter 2

Township 33, Range 16: All Sections;


and that portion of Polk County within the Southwest Florida Water Management District and
within the following sections:
Township 26, Range 26: All whole or partial Sections South of Interstate 4;
Township 27, Range 23: All whole or partial Sections South of Interstate 4;
Township 27, Range 24: All whole or partial Sections South of Interstate 4;
Township 27, Range 25: All whole or partial Sections South of Interstate 4;
Township 27, Range 26: All Sections;
Township 27, Range 27: Sections 25 through 36;
Township 27, Range 28: Section 31;
Township 28, Range 23: All Sections;
Township 28, Range 24: All Sections;
Township 28, Range 25: All Sections;
Township 28, Range 26: All Sections;
Township 28, Range 27: All Sections;
Township 28, Range 28: All Sections;
Township 29, Range 23: All Sections;
Township 29, Range 24: All Sections;
Township 29, Range 25: All Sections;
Township 29, Range 26: All Sections;
Township 29, Range 27: All Sections;
Township 29, Range 28: All Sections;
Township 29, Range 29: Sections 19, 30, 31;
Township 30, Range 23: All Sections;
Township 30, Range 24: All Sections;
Township 30, Range 25: All Sections;
Township 30, Range 26: All Sections;
Township 30, Range 27: All Sections;
Township 30, Range 28: All Sections;
Township 30, Range 29: Sections 5, 6, 7, 8, 18, 19, 30, 31;
Township 31, Range 23: All Sections;
Township 31, Range 24: All Sections;
Township 31, Range 25: All Sections;
Township 31, Range 26: All Sections;
Township 31, Range 27: All Sections;
Township 31, Range 28: All Sections;
Township 31, Range 29: Section 6;
Township 32, Range 23: All Sections;
Township 32, Range 24: All Sections;
Township 32, Range 25: All Sections;
Township 32, Range 26: All Sections;
Township 32, Range 27: All Sections;
Township 32, Range 28: All Sections.
2. As shown in Figure 2-1, the area for the MIA of the Southern Water Use Caution Area is as
follows:
Township 30, Range 19: Sections 2 through 36;
Township 30, Range 20: Sections 17 through 22; and 27 through 36;
Township 31, Range 18: All Sections;
Township 31, Range 19: All Sections;
Township 31, Range 20: All Sections;
Township 31, Range 21: Sections 6 through 8; 17 through 20; and 29 through 32;
Township 32, Range 18: All Sections;
Township 32, Range 19: All Sections;
Township 32, Range 20: All Sections;

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November 2, 2009 WATER USE PERMITS Chapter 2

Township 32, Range 21: Sections 5 through 7;


Township 33, Range 16: All Sections;
Township 33, Range 17: All Sections;
Township 33, Range 18: All Sections;
Township 33, Range 19: All Sections;
Township 33, Range 20: All Sections;
Township 33, Range 21: Sections 19, 30, 31;
Township 34, Range 16: All Sections;
Township 34, Range 17: All Sections;
Township 34, Range 18: All Sections;
Township 34, Range 19: All Sections;
Township 34, Range 20: All Sections;
Township 34, Range 16: All Sections;
Township 34, Range 17: All Sections;
Township 34, Range 18: All Sections;
Township 34, Range 19: All Sections;
Township 34, Range 20: All Sections;
Township 34, Range 21: Sections 6 through 8; 17 through 20; and 29 through 32;
Township 35, Range 16: All Sections;
Township 35, Range 17: All Sections;
Township 35, Range 18: All Sections;
Township 35, Range 19: All Sections;
Township 35, Range 20: All Sections;
Township 35, Range 21: Sections 5 through 8; 17 through 20; and 30;
Township 36, Range 17: All Sections;
Township 36, Range 18: All Sections;
Township 36, Range 19: Sections 1 through 24; and 27 through 32;
Township 36, Range 20: Sections 2 through 10; and 17 and 18;
Township 37, Range 17: Sections 1 through 18;
Township 37, Range 18: Sections 1 through 10; and 17 and 18;
Township 34, Range 21: Sections 6 through 8; 17 through 20; and 29 through 32;
Township 35, Range 16: All Sections;
Township 35, Range 17: All Sections;
Township 35, Range 18: All Sections;
Township 35, Range 19: All Sections;
Township 35, Range 20: All Sections;
Township 35, Range 21: Sections 5 through 8; 17 through 20; and 30;
Township 36, Range 17: All Sections;
Township 36, Range 18: All Sections;
Township 36, Range 19: Sections 1 through 24; and 27 through 32;
Township 36, Range 20: Sections 2 through 10; and 17 and 18;
Township 37, Range 17: Sections 1 through 18;
Township 37, Range 18: Sections 1 through 10; and 17 and 18.
3. The Ridge Lakes are those lakes located anywhere within Highlands County and Polk County within
the boundaries of the Southwest Florida Water Management District within the following Sections:
All of Highlands County within the boundaries of the Southwest Florida Water Management
District, and that portion of Polk County within the Southwest Florida Water Management District and within the
following sections (all Townships are South; all Ranges are East):
Township 26, Range 25: Partial Section 36 South of Interstate 4;
Township 26, Range 26: Partial Sections 28, 29, 31, and 32 South of Interstate 4 and whole
Section 33;
Township 27, Range 25: Partial Sections 1, 2, 7, and 8 South of Interstate 4; and whole Sections 9
through 29, and 32 through 36;
Township 27, Range 26: Sections 4 through 9, 16 through 21, and 25 through 36;

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November 2, 2009 WATER USE PERMITS Chapter 2

Township 27, Range 27: Sections 25 through 36;


Township 27, Range 28: Section 31;
Township 28, Range 25: Sections 1 through 4, 9 through 15, 22 through 26, 35 through 36;
Township 28, Range 26: All Sections;
Township 28, Range 27: All Sections;
Township 28, Range 28: Sections 6 through 7, 17 through 22, 27 through 32, Section 34;
Township 29, Range 25: Sections 1, 2, and 11 through 14;
Township 29, Range 26: Sections 1 through 18, and 23 through 24;
Township 29, Range 27: All Sections;
Township 29, Range 28: Sections 6 though 7, and 18 through 36;
Township 29, Range 29: Sections 19, 30, 31;
Township 30, Range 27: All Sections;
Township 30, Range 28: All Sections;
Township 30, Range 29: Sections 5 through 8, 18, 19, 30, 31;
Township 31, Range 27: All Sections;
Township 31, Range 28: All Sections;
Township 31, Range 29: Section 6;
Township 32, Range 27: All Sections;
Township 32, Range 28: All Sections.
4. Regulations applicable to this Water Use Caution Area are specified in this Chapter and in the
Basis of Review described in Rule 40D-2.091, F.A.C., and are incorporated into this rule. Amendments to those
regulations adopted December 12, 2006, shall become effective on January 1, 2007. Those amendments and
regulations relating to SWUCA effective January 1, 2003 and January 1, 2007, are not intended to affect, and shall
not be construed to affect, any water use permit that does not have a withdrawal point within the SWUCA.
5. Any permit with a withdrawal point located within the boundaries of the SWUCA is deemed to be
within the SWUCA. Permits with permitted withdrawals in more than one Water Use Caution Area (WUCA) shall
be subject to the conservation and reporting requirements of the WUCA within which the majority of permitted
quantities are withdrawn, or projected to be withdrawn, in addition to all other rule criteria, including Minimum
Flows and Levels requirements, as set forth in Chapter 40D-2, F.A.C., and the Basis of Review for Water Use
Permit Applications. Nothing in the rules and Basis of Review for Water Use Permitting specific to the SWUCA
shall be interpreted or applied in any manner that would interfere with the Recovery Strategy for the Northern
Tampa Bay Area as outlined in Rule 40D-80.073, F.A.C., or the Northern Tampa Bay New Water Supply and
Ground Water Withdrawal Reduction Agreement.
6. All Water Use Permits with withdrawal points within the SWUCA are hereby modified to
conform with this paragraph 40D-2.801(3)(b), F.A.C., except as provided in paragraph 5, above, and the applicable
SWUCA criteria specified in the Basis of Review described in Rule 40D-2.091, F.A.C., are incorporated into all
such Water Use Permits.
7. The SWUCA is a water resource caution area for purposes of Chapter 403, F.S., and Chapter 62-
40, F.A.C.
(c) Central Florida Coordination Area ("CFCA") - The CFCA is located within portions of three water
management districts and includes Polk, Orange, Osceola and Seminole counties, and southern Lake County. The
portion of the CFCA located within this District is delineated below. In this area, stress on the water resources is
escalating because of rapidly increasing withdrawals of groundwater. The public interest requires protection of the
water resources from harm. The CFCA rules address the public interest by providing an interim regulatory
framework to allow for the allocation of available groundwater in the area, subject to avoidance and mitigation
measures to prevent harm, and by requiring the expeditious implementation of Supplemental Water Supply projects
(as defined in Section 3.6 of the Basis of Review). This interim regulatory framework is one component of a
comprehensive, joint water management district strategy for regional water resource management that also includes
regional water supply planning, alternative water supply project funding and water resource investigations and
analysis that will result in a long-term approach for water supply within the CFCA. The effective date of
implementation of the interim CFCA rules is February 13, 2008. The interim CFCA rules shall remain in effect only
through December 31, 2012, except that if the District initiates rulemaking to provide a long-term regulatory
framework to replace the interim rules and a petition challenging all or part of the proposed rules is filed under

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November 2, 2009 WATER USE PERMITS Chapter 2

Section 120.56 of the Florida Statutes before that date, the interim rules shall remain effective until 100 days after a
final determination of the validity or invalidity of the proposed rules.
1. As shown in Figure 2-2, the boundary for the portion of the Central Florida Coordination Area
located within this District is as follows:
Begin at the northwest corner of Section 6, Township 23 South, Range 24 East same being on the
Sumter-Lake County line and run thence south along the range line dividing Ranges 23 and 24 East, to the thread of
the Withlacoochee River; thence westerly along the thread of said river, to its intersection with the range line
dividing Ranges 22 and 23 East; thence south along said range line, to the township line dividing Townships 25 and
26 South; thence west along said township line, to the section line dividing Sections 3 and 4 in Township 26 South,
Range 22 East; thence south along the section lines, to the township line dividing Townships 26 and 27 South;
thence east along said township line, to the range line dividing Ranges 22 and 23 East; thence south along said range
line, to an intersection with the range line between Ranges 22 and 23 East with the township line between
Townships 32 and 33 South; thence east along said township line, to the southeast corner of Township 32 South,
Range 28 East; thence north along the range line between Ranges 28 and 29 East, in Townships 32 and 31 South, to
the northeast corner of Section 12 in Township 31 South, Range 28 East; thence east along the section line to the
northeast corner of Section 7, Township 31 South, Range 29 East; thence north along the section line to the
northwest corner of Section 17, Township 30 South, Range 29 East; thence east along the section line to the
northeast corner of the west 1/2 of Section 17, Township 30 South, Range 29 East; thence north along the 1/2-section
line to the northeast corner of the west 1/2 of Section 5, Township 30 South, Range 29 East; thence west along the
section line to the southwest corner of Section 32, Township 29 South, Range 29 East; thence north along the
section line to the northeast corner of Section 19 in Township 29 South, Range 29 East; thence west along the north
boundaries of Section 19, Township 29 South, Range 29 East, and Sections 24, 23, 22, 21, and 20, Township 29
South, Range 28 East, to the northwest corner of said Section 20; thence north along the section line to the
intersection of said section line with the west shore line of Lake Pierce in Township 29 South, Range 28 East; thence
following the west shore of Lake Pierce to its intersection again with the west section line of Section 5, Township 29
South, Range 28 East; thence north along the section line to the northwest corner of Section 5, Township 29 South,
Range 28 East; thence east along the township line to the southwest corner of Section 33, Township 28 South,
Range 28 East; thence north along the section line to the northwest corner of the southwest 1/4 of the southwest 1/4 of
Section 28, Township 28 South, Range 28 East; thence east along the 1/4-section line to the intersection of said 1/4-
section line with Lake Pierce; thence follow the shore line northeasterly to its intersection with the 1/2-section line of
Section 28, Township 28 South, Range 28 East; thence north on the 1/2-section line to the northwest corner of the
southeast 1/4 of Section 28, Township 28 South, Range 28 East; thence east to the northeast corner of the southeast
1
/4 of Section 28, Township 28 South, Range 28 East; thence south along the section line to the northwest corner of
Section 3, Township 29 South, Range 28 East; thence east along the section line to the northeast corner of Section 3,
Township 29 South, Range 28 East; thence north along the section line to the northwest corner of Section 23,
Township 28 South, Range 28 East; thence west along the section line to the southwest corner of Section 16,
Township 28 South, Range 28 East; thence north along the section line to the northwest corner of Section 16,
Township 28 South, Range 28 East; thence west along the section line to the southwest corner of Section 8,
Township 28 South, Range 28 East; thence north along the section line to the northwest corner of Section 5,
Township 28 South, Range 28 East; thence west along the township line to the intersection of said township line
with Lake Marion; thence following the south shore line of Lake Marion to its intersection again with said township
line; thence west along the township line to the southeast corner of Section 36, Township 27 South, Range 27 East;
thence north along the range line between Ranges 27 and 28 East to the intersection of said range line with Lake
Marion; thence following the west shore of Lake Marion to its intersection again with the range line between Ranges
27 and 28 East; thence north along said range line, in Townships 27 and 26 South, to the northeast corner of
Township 26 South, Range 27 East, being on the Polk-Osceola County line; thence west along the Polk-Osceola
County line to the northwest corner of Township 26 South, Range 27 East; thence north along the section line to the
Lake-Polk County line; thence west along the county line to the southwest corner of Section 32, Township 24 South,
Range 26 East; thence into Lake County, north along the section lines to the northeast corner of Section 30,
Township 24 South, Range 26 East; thence west along the section lines to the northeast corner of Section 28,
Township 24 South, Range 25 East; thence north along the section lines to the northeast corner of Section 16,
Township 24 South, Range 25 East; thence west along the section line to the northwest corner of Section 16,
Township 24 South, Range 25 East; thence north along the section line to the northeast corner of Section 8,
Township 24 South, Range 25 East; thence west along the section lines to the range line between Ranges 24 and 25;

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November 2, 2009 WATER USE PERMITS Chapter 2

thence north along the range line to the northeast corner of Section 1, Township 23 South, Range 24 East, also being
on the township line between Townships 22 and 23 South; thence west along the township line to the Point of
Beginning.
2. Applications for groundwater withdrawals located within the areas encompassed both by the
SWUCA, as described in 40D-2.801(3)(b), F.A.C., or deemed within the SWUCA pursuant to 40D-2.801(3)(b)5.
F.A.C., above, and the District's portion of the CFCA as described in 40D-2.801(3)(c), F.A.C., shall only be subject
to the provisions of Chapter 40D-2, F.A.C., and the Basis of Review described in Rule 40D-2.091, F.A.C.,
applicable to groundwater withdrawals within the SWUCA. The CFCA provisions shall not be applicable to those
permits. These provisions are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and Parts B and
D of the Water Use Permit Information Manual.
3. Regulations applicable to the CFCA are specified in Rules 40D-2.321 and 40D-2.801(3)(c),
F.A.C., and in Sections 1.9, 3.6 and 6.2 of the Basis of Review described in Rule 40D-2.091, F.A.C., and are
incorporated into this rule, and are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and Part B
and D of the Water Use Permit Information Manual. The CFCA regulations shall not be construed to affect any
water use permit application that does not have a groundwater withdrawal point within the CFCA.
4. Special requirements for Public Supply Utility applicants for groundwater withdrawals are explained
in the provisions under the heading "REQUIREMENTS FOR APPLICANTS FOR GROUNDWATER
WITHDRAWALS WITHIN THE CENTRAL FLORIDA COORDINATION AREA" set forth in Sections 1.9, 3.6
and 6.2 of the Basis of Review described in Rule 40D-2.091, F.A.C. In addition, a Similar Applicant, as defined in
Section 3.6 of the Basis of Review, is subject to those requirements.
5. In adopting the interim CFCA rules, the District acknowledges the increasing stress on the water
resources in the CFCA and the mandate of the legislature to foster the development of additional water supplies and
avoid the adverse effects of competition. However, the interim CFCA rules do not abrogate the rights of the
Governing Board or of any other person under Section 373.233, F.S. The CFCA regulatory framework provides a
comprehensive strategy for interim allocations of available groundwater and expeditious development of
supplemental water supply projects, as defined in Section 3.6, paragraph A.7. under the heading Requirements For
Applicants For Groundwater Withdrawals Within The Central Florida Coordination Area, in Part B, Basis of
Review, of the Water Use Permit Information Manual, to minimize competition and thereby provide greater
certainty of outcome than competition.
6. Any Public Supply Utility applicant, or Similar Applicant described in 40D-2.801(3)(c)4., F.A.C.,
above, with an existing or proposed groundwater withdrawal point within the boundaries of the CFCA is deemed to
be within the CFCA, provided that the regulation of that withdrawal is governed by 40D-2.801(3)(c)2., F.A.C.,
above.
7. The CFCA is a water resource caution area for purposes of Chapter 403, F.S., and Chapter 62-40,
F.A.C.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.0395, 373.042, 373.0421, 373.171,
373.216, 373.219, 373.223, F.S. History - Readopted 10-5-74. Formerly 16J-3.30, Amended 10-1-89, 11-15-90,
3-1-91, 7-29-93, 1-1-03, 1-1-07, 10-1-07, 2-13-08, 4-7-08.

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November 2, 2009 WATER USE PERMITS Chapter 2

Figure 2-1

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November 2, 2009 WATER USE PERMITS Chapter 2

Figure 2-2

2-21
40D-3
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-3
REGULATION OF WELLS

40D-3.011 Policy and Purpose.


40D-3.021 Definitions.
40D-3.031 Implementation.
40D-3.032 Delegation.
40D-3.037 Rules and Publications Incorporated by Reference.
40D-3.038 Violations of Contractor Licensing Requirements.
40D-3.039 Penalties. (Repealed)
40D-3.040 Scope of Part III. (Repealed)
40D-3.041 Permits Required.
40D-3.042 Multiple Wells Under a Single Permit.
40D-3.045 Water Use Permit Required.
40D-3.051 Exemptions.
40D-3.091 Registration of Drillers, Contractors, and Engineering Testing Laboratories. (Repealed)
40D-3.092 Refusal, Suspension, or Revocation of Registration and Forfeiture of Bond. (Repealed)
40D-3.101 Content of Application.
40D-3.201 Permit Processing Fee.
40D-3.301 Conditions for Issuance of Permits.
40D-3.310 Conditions for Transfer of Permits.
40D-3.321 Duration of Permits.
40D-3.341 Suspension, Revocation and Cancellation of Permits.
40D-3.411 Well Completion Report.
40D-3.451 Emergency Authorization. (Transferred)
40D-3.461 Inspection.
40D-3.500 Construction Standards. (Repealed)
40D-3.501 Variances. (Transferred)
40D-3.502 Construction Methods.
40D-3.505 Location.
40D-3.507 Casing and Liner Pipe Standards.
40D-3.517 Grouting and Sealing.
40D-3.521 Well Seals.
40D-3.525 Explosives.
40D-3.529 Flowing Wells.
40D-3.531 Abandoned Well Plugging.
40D-3.600 Special Well Construction Standards.
40D-3.701 Construction Standards. (Transferred)

40D-3.011 Policy and Purpose.


The rules in this Chapter govern the construction of water wells and water well contractor licensing, and
implement the provisions of Part III of Chapter 373, Florida Statutes (F.S.), and rules promulgated by the Florida
Department of Environmental Protection in Chapters 62-524, 62-531, 62-532 and 62-555, Florida Administrative
Code (F.A.C.). These rules are adopted to ensure that all water wells, soil borings and foundation holes within the
District are located, constructed, maintained, used, and abandoned in a manner that protects the water resources.
Additional District rules relating to water wells are found in Chapter 40D-2, F.A.C., entitled Consumptive Use of
Water, and Chapter 40D-21, F.A.C., entitled Water Shortage Plan.

Specific Authority 373.044, 373.113, 373.171, 373.309(1), 373.333(1), 373.337 F.S. Law Implemented 373.306,
373.308, 373.309, 373.313, 373.316, 373.323(2), 373.324, 373.326, 373.329, 373.333, 373.337 F.S. History –
Readopted 10-5-74, Formerly 16J-3.01, 16J-3.06(1), Amended 7-1-90, 9-30-91, 12-31-92.

40D-3.021 Definitions.
When used in this Chapter:

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November 2, 2009 REGULATION OF WELLS Chapter 3

(1) “Abandoned well” means a well the use of which has been permanently discontinued. Any well shall be
deemed abandoned which is in such a state of disrepair, that continued use for the purpose of obtaining groundwater
or disposing of water or liquid wastes, or for observation is impracticable.
(2) “Annulus” or “annular space” means any artificially created void existing between a well casing or liner
pipe and a borehole wall, or between two casings or between tubing and the casing or liner pipe.
(3) “Aquifer” means a geologic formation, group of formations, or part of a formation that contains sufficient
saturated, permeable material to yield useful quantities of ground water to wells and springs.
(4) “Casing diameter” or “diameter of casing” means the largest nominal permanent water bearing casing. For
the purposes of this Chapter, the diameter of the casing at the upper terminus will be presumed to be the diameter for
the entire length, unless the well owner or contractor can demonstrate that the well has a smaller diameter permanent
water bearing casing below the upper terminus.
(5) “Confining unit” means a body of relatively impermeable material stratigraphically adjacent to one or more
aquifers in which hydraulic conductivity may range from nearly zero to some value distinctly lower than that of the
aquifer.
(6) “Consolidated” means a stratum which is cemented with a binding substance commonly derived from
within the deposit containing that stratum.
(7) “Construction of water wells” means all parts and acts necessary to obtain ground water by wells, including
the location and excavation of the well, but excluding the installation of pumps and pumping equipment.
(8) “Contractor” means any person licensed by the Department, or a water management district, in accordance
with Chapter 62-531, F.A.C., and engaged in the business of construction, repair, or abandonment of wells.
(9) “Department” means the Florida Department of Environmental Protection.
(10) “District” means the Southwest Florida Water Management District.
(11) “Driller” means a licensed contractor, or a person working for a licensed contractor who actually constructs
the well.
(12) “Drilling equipment” means a drilling rig or other apparatus used in constructing a well.
(13) “Drive shoe” means any device specifically designed, fabricated and installed to protect the lower end of a
water well casing or liner pipe from collapse or other damage while the casing or liner pipe is being driven into
place in a well.
(14) “Field log” means an accurate, written documentation of all construction activities needed to fill out well
completion reports.
(15) “Filter pack” means sand or gravel that is uniform, clean, and siliceous. It is placed in the annulus of the
well between the borehole wall and the well screen.
(16) “Gang well” means a system where two or more water wells are coupled together with a common header or
manifold.
(17) “Incomplete well” means any attempted well the construction of which has been discontinued and which is
unsuitable for any permitted use.
(18) “Inspection port” means any opening in the well seal or casing wall not less than one-quarter inch in
diameter through which unobstructed access to the inside of the casing can be obtained for measuring water levels.
Inspection ports shall be threaded openings temporarily sealed with a removable watertight plug.
(19) “Liner” means a pipe which is installed within the permanent water bearing casing to repair, or protect the
casing or is installed below and separate from the casing to seal off caving material which may be encountered in the
open hole of the well.
(20) “Monitor well” means a well used primarily to monitor hydrologic parameters such as water levels or water
quality.
(21) “Neat cement grout” or “grout” means a mixture of water and Portland cement (American Concrete
Institute Types I, II or III), or any other approved types of cement, or Bentonite for applications specified in Rule
40D-3.517, F.A.C, and acceptable amounts of additives approved by the District for use in cement grouts.
(22) “Nominal” means the standard size of the well casing and may be less than or greater than the number
indicated. Nominal when referring to the grouting annulus means the available void thickness between telescoped
casings or the average available void thickness between the borehole and outside wall of the casing at any point.
(23) “Packer” means a device made from material other than lead placed within the well casing that seals the
joint between two pieces of casing, between the casing and screen, between one formation or water bearing strata
and another, or between the formation and the casing.
(24) “Potable water” means water suitable for human consumption and approvable by the county health unit
(Florida Department of Health and Rehabilitative Services).

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November 2, 2009 REGULATION OF WELLS Chapter 3

(25) “Public water supply well” means a well constructed for the purpose of supplying water to a public water
system, as permitted under Chapters 62-550, 62-555, 62-560, 62-524 and 64E-8, F.A.C.
(26) “Public water system” means a community or non-community system for the provision to the public of
piped water for human consumption, provided that such system has at least 15 service connections or regularly
serves at least 25 individuals daily at least 60 days out of the year, as set forth in Chapters 62-550, 62-555, 62-560
and 62-524, F.A.C.
(27) “Soil boring” or “foundation hole” means a hole in the ground drilled, bored, cored, washed, driven, dug or
jetted, the intended use of which includes obtaining data for engineering, geophysical or geological exploration, or
prospecting for minerals or products of mining or quarrying, but not for producing, disposing of, or searching for
water.
(28) “Telescoped casing” means an interior casing extending below and sealed within an exterior casing.
(29) “Water Use Permit” means a permit issued under Chapter 40D-2, F.A.C.
(30) “Water well” or “well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed when the intended use of such excavation is for the location, acquisition, development,
monitoring or artificial recharge of ground water. This term does not include any well for the purpose of obtaining
or prospecting for oil, natural gas, minerals, or products of mining or quarrying, for inserting media to dispose of oil
brines or to repressure oil-bearing or natural gas-bearing formation, for storing petroleum, natural gas, or other
products, or for temporary dewatering of subsurface formations for construction, mining or quarrying purposes.
(31) “Well casing” means a pipe installed in a borehole to prevent caving, provide structural strength, seal off
zones of poor water quality, or prevent the interchange of waters between aquifers.
(32) “Well completion” means termination of all construction, repair, modification or abandonment activities.
(33) “Well completion report” means the well completion form as described in paragraph 40D-3.411(1)(a),
F.A.C., supplied by or approved by the District.
(34) “Well seal” means an arrangement or device approved by the District that prevents contaminants from
entering the well at the upper terminus.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.106, 373.306,
373.308, 373.309, 373.313, 373.316, 373.319, 373.323, F.S. History – Readopted – 10-5-74, Formerly 16J-3.02,
Amended 7-1-90, 9-30-91, 12-31-92, 8-19-08.

40D-3.031 Implementation.
This Chapter was implemented on October 16, 1978, throughout the sixteen counties comprising the District.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 383.103(1), 373.306,
373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323(2), 373.326, 373.329, 373.333, 373.342, F.S., 78-
65, Laws of Florida. History – Readopted – 10-5-74, Amended 9-4-77, 10-16-78, Formerly 16J-3.03, Amended 7-1-
90.

40D-3.032 Delegation.
The authority for general administration of this Chapter is delegated to the Executive Director of the District. It
is the policy of the Board that in making this delegation the Executive Director may designate specific staff
members to carry out various tasks but that overall supervision and responsibility shall rest with the Executive
Director. The Executive Director is authorized to issue permits under this Chapter as provided in Section
373.342(1), F.S.

Specific Authority 373.044, 373.113, 373.309, F.S. Law Implemented 373.342, F.S. History – New 7-1-90,
Amended 9-30-91.

40D-3.037 Rules, Publications and Agreements Incorporated by Reference.


(1) The regulations promulgated by the Department governing the construction of water wells as set forth in
Chapter 62-532, F.A.C. (3-28-02), the construction of water wells in delineated areas as set forth in Chapter 62-524,
F.A.C. (6-27-00), the licensing requirements for Water Well Contractors as set forth in Chapter 62-531, F.A.C. (11-
25-07), and the construction of public supply water wells as set forth in Chapter 62-555, F.A.C. (1-17-05), are
hereby incorporated by reference and made a part of this rule and shall apply to all water wells constructed, repaired,
modified or abandoned in the District. The regulations can be obtained from the Department’s Division of Water
Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

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November 2, 2009 REGULATION OF WELLS Chapter 3

(2) The Department’s Water Well Contractor Disciplinary Guidelines and Procedures Manual (October 2002)
and the Department’s Florida Unified Citations Dictionary for Water Well Construction (October 2002) are hereby
incorporated by reference and made a part of this rule. Both documents can be obtained from the Department’s
Division of Water Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the
District upon request.
(3) Well Construction Forms are incorporated by reference into Rule 40D-3.101, F.A.C, and are available from
the District's website at www.watermatters.org or from the District’s offices.
(4) The Memorandum of Agreement Between the U.S. Environmental Protection Agency, Region IV,
Superfund Division and the Southwest Florida Water Management District (August 2008) and Appendix I dated
July 2009 is incorporated by reference and is available from the District upon request.
(5) The Application for Water Well Contractor’s License, Form No. LEG-R.003.01 (4/09) and Application for
Renewal of a Water Well Contractor’s License, Form No. LEG-R.004.02 (4/09) are hereby incorporated by
reference and are available from the District’s website at www.watermatters.org. or from the District offices.

Rulemaking Authority 373.044, 373.113, 373.309, F.S. Law Implemented 373.046, 373.103, 373.308, 373.309,
373.323, 373.324, 373.333, F.S. History – New 7-1-90, Amended 12-31-92, 4-11-94, 6-27-94, 9-22-94, 7-5-95, 10-
19-95, 7-15-99, 6-23-03, 1-8-04, 8-19-08, 1-5-09, 8-30-09, 11-2-09.

40D-3.038 Violations of Contractor Licensing Requirements.


(1) Violations of the contractor licensing requirements of this Chapter are specifically listed in Chapter 62-531,
F.A.C
(2) A contractor is requested to inform the District within 15 days of any change in the contractor's mailing
address.
(3) Actions which may be taken by the District upon determination that a violation has
occurred are set forth in Section 373.333, F.S., and Chapter 62-531, F.A.C.
(4) Sections 373.323, 373.333 and 373.336, F.S., provide disciplinary procedures and penalties for unlicensed
persons violating the provisions of Chapter 373, F.S., these rules or District orders.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.323(8), 373.337, F.S. Law Implemented 373.323,
373.324, 373.333, 373.336, F.S. History – New 7-1-90, Amended 12-31-92, 2-1-05, 8-19-08.

40D-3.039 Penalties.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.129, 373.308, 373.309, 373.336, F.S.
History – New 7-1-90, Amended 12-31-92, Repealed 3-18-98.

40D-3.040 Scope of Part III.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.303, 373.308, 373.309, 373.316,
373.326, 373.342, F.S. History – New 7-1-90, Amended 12-31-92, Repealed 3-18-98.

40D-3.041 Permits Required.


(1) Unless expressly exempted by statute or District rule, a permit must be obtained from the District prior to
construction, repair, modification or abandonment of any water well, including:
(a) Water wells not in areas delineated pursuant to Chapter 62-524, F.A.C.
(b) Potable water wells in areas delineated pursuant to Chapter 62-524, F.A.C.
(c) Non-potable water wells in areas delineated pursuant to Chapter 62-524, F.A.C.
(d) Dewatering wells for construction, mining or quarrying purposes that will be in existence for six
months or longer.
(e) Public supply water wells.
(f) Monitor wells.
(g) Injection wells.
(h) Abandoned wells.
(i) Incomplete wells.
(2) The permit shall be available at the well site during construction, repair, modification or abandonment.

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November 2, 2009 REGULATION OF WELLS Chapter 3

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.106, 373.306,
373.308, 373.309, 373.313, 373.316, F.S. History – Readopted 10-5-74, Amended 12-31-74, 12-1-77, 2-4-79, 11-8-
82, Formerly 16J-3.06(2) – (5), 16J-3.10, Amended 7-1-90, 9-30-91, 12-31-92.

40D-3.042 Multiple Wells Under a Single Permit.


(1) The construction, repair, modification or abandonment of:
(a) Up to eight (8) sandpoint irrigation, monitor, recovery, dewatering, or gang wells 4 inches or less in
diameter; or
(b) A Class V air conditioning heat pump system consisting of one supply well and one return well; may
be included under one permit provided the conditions of subsection (2) are met.
(2) A multiple well permit as described in subsection (1) will be issued provided:
(a) The wells are constructed in the same geologic material, completed in the same hydrogeologic unit,
and drilled on a contiguous tract of land owned or controlled by the same individual or entity; and
(b) Each well is the same diameter and constructed of a similar material.
(3) The District requires both a supply well and a return well in the construction of an open heat pump system.
A supply well without a return well is not permitted.
(4) The District will authorize multi-zone monitor wells consisting of multiple observation tubes monitoring
different depths all located in a single larger diameter well casing under a single permit. Provisions listed in
subsection (2) do not apply to this type of well.
(5) When a single well construction permit is issued for multiple wells as described above, a separate well
completion report is required for each of the wells or tubes.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.106(1), 373.309, F.S.
History – New 12-31-92, 4-22-07.

40D-3.045 Water Use Permit Required.


(1) Permits for construction, repair, modification or abandonment of wells for which a water use permit is
required under Chapter 40D-2, F.A.C., shall not be issued prior to issuance of the water use permit authorizing such
water use withdrawals.
(2) Notwithstanding the provisions of subsection (1) above, the District shall issue permits for construction,
repair, or modification of any well when:
(a) The well to be constructed, repaired, or modified is to be used for aquifer testing, hydrologic
monitoring, water quality monitoring, or otherwise for the purpose of gathering hydrogeologic data; or
(b) The applicant demonstrates that a compelling need exists to commence construction, repair or
modification of the well while an application for a water use permit is pending; and
1. The Applicant has filed an application for Water Use Permit including all information required by
Rule 40D-2.101, F.A.C., and the application has been deemed complete; and
2. It appears that the proposed use of water represented in the pending complete Water Use Permit
application is a reasonable and beneficial use, will not interfere with any presently existing legal use of water, and is
consistent with the public interest.
(c) The applicant agrees to all conditions attached to the well permit.
(3) The District is under no obligation to issue a water use permit merely because construction, repair or
modification of a well has been authorized.

Specific Authority 373.044, 373.113, 373.171, 373.309 and 373.337, F.S. Law Implemented 373.309, F.S. History –
New 7-1-90, Amended 9-30-91, 12-31-92, 3-30-93, 8-10-93.

40D-3.051 Exemptions.
(1) The following wells are exempt from the requirements of Rule 40D-3.041, F.A.C.:
(a) Wells exempted under Section 373.303(7), F.S.
(b) Wells used for the purpose of temporary dewatering of subsurface formations for construction, mining
or quarrying purposes for a period of less than six months.
(c) Wells two inches or less in diameter and less than 20 feet in depth used for no more than ten days for
the purpose of obtaining shallow soil or water information.
(2) In emergency situations when compliance with the requirements of Part III of Chapter 373, F.S., or Chapter
40D-3, F.A.C., will result in undue hardship, including those situations when an unexpected problem is encountered

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November 2, 2009 REGULATION OF WELLS Chapter 3

during the construction, repair or abandonment of a well, the Executive Director, or the Executive Director’s
designee, shall authorize an exemption, by telephone, from the conditions required by a permit or rule requirements
for a well. A Well Completion Report documenting the exemption must be submitted to the District in writing
within 30 days of completion.
(3) Qualifying for one of the above exemptions does not relieve the applicant from obtaining any other
applicable permits required by law or District rule.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.306, 373.308,
373,309, 373.313, 373.316, 373.326, F.S. History – Readopted 10-5-74, Formerly 16J-3.13, Amended 7-1-90, 9-30-
91, 12-31-92, 8-24-99.

40D-3.091 Registration of Drillers, Contractors, and Engineering Testing Laboratories.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.323, 373.339, F.S. History – Readopted
10-5-74, Formerly 16J-3.04, Repealed 7-1-90.

40D-3.092 Refusal, Suspension, or Revocation of Licensing Registration and Forfeiture of Bond.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.339, F.S. History – Readopted 10-5-74,
Formerly 16J-3.05, Repealed 7-1-90.

40D-3.101 Content of Application.


(1) Applications for permits required by this chapter shall be submitted to the District. All permit applicants
shall submit the form entitled “State of Florida Permit Application to Construct, Repair, Modify or Abandon a
Well,” Form No. LEG-R.040.00 (4/09), incorporated herein by reference. Except for replacement and domestic use
wells, all applications to construct a well within the Most Impacted Area of the Southern Water Use Caution Area,
as set forth in subparagraph 40D-2.801(3)(b)2. and Figure 2.1, F.A.C., shall include the form entitled “Well
Verification For All Non-Domestic Use Wells Located in the Most Impacted Area of the Southern Water Use
Caution Area,” Form No. LEG-R.016.01 (4/09), incorporated herein by reference. Copies of all forms incorporated
in this rule can be obtained from the District’s website at www.watermatters.org. or from the District offices.
(2) A permit applicant seeking to drill a public supply well shall submit:
(a) A completed well permit application, as set forth in subsection (1) above, signed and accompanied by
an applicable permit fee;
(b) A completed “Public Supply Well Information and Classification Form,” Form No. LEG-R.015.01
(4/09), incorporated herein by reference; and
(c) Four sets of site plans signed, sealed and dated by a licensed professional engineer. Applicants for
permits on existing projects may submit pre-existing site plans or detailed legal plats.
(3) A permit applicant seeking to convert an existing non-public supply well to public supply standards shall
submit all the above and:
(a) The cased depth and total depth of well;
(b) The lithology encountered, if available;
(c) The diameter, type of casing and static water level of the well.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.109, 373.308,
373.309, 373.313, 373.316, F.S. History – Readopted 10-5-74, Formerly 16J-3.07, Amended 7-1-90, 9-30-91, 12-
31-92, 4-11-94, 10-19-95, 2-26-07, 8-19-08, 8-30-09.

40D-3.201 Permit Processing Fee.


A non-refundable permit processing fee shall be required for permit applications filed pursuant to this
chapter as provided in subsection 40D-1.607(9), F.A.C.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.109, 373.309, F.S.
History – Readopted 10-5-74, Formerly 16J-3.071, Amended 7-1-90, 9-30-91.

40D-3.301 Conditions for Issuance of Permits.

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November 2, 2009 REGULATION OF WELLS Chapter 3

(1) In order to obtain a water well construction, repair, modification or abandonment permit, an applicant must
demonstrate compliance with the following conditions:
(a) The applicant shall have a current, valid water well contractor license from the State of Florida unless
the permit is for a water well two (2) inches or less in diameter constructed by an individual for his own private use
on his own or leased property as specified in Section 373.326(2), F.S.
(b) The applicant shall submit a permit application as specified by Rule 40D-3.101, F.A.C.
(c) The application must be complete and meet the requirements of Chapter 373, F.S., and this chapter.
(d) A Water Use Permit, if applicable under Chapter 40D-2, F.A.C., shall have been obtained.
(e) The applicant shall not have overdue well completion reports.
(f) The proposed water well shall not adversely impact the water resource.
(2) The District shall impose on any permit issued under this Chapter such reasonable conditions as are
necessary to protect the water resource and assure that the permitted activity will be consistent with the overall
objectives of the District. The District shall attach such conditions to the permit, and well construction, repair,
modification or abandonment shall be performed accordingly. An applicant who believes that a condition is
unreasonable or is not necessary to protect the water resource or to assure that the permitted activity is consistent
with the District’s overall objectives, has the right to petition and be heard in an administrative hearing pursuant to
Chapter 120, F.S., regarding imposition of the condition.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.109, 373.306,
373.308, 373.309, 373.313, F.S. History – Readopted 10-5-74, Formerly 16J-3.11(1) – (3), Amended 1-8-87, 7-1-
90, 12-31-92, 7-2-98, 8-19-08.

40D-3.310 Conditions for Transfer of Permits.


(1) Permit Transfers from One Contractor to Another.
A well construction permit may be transferred from one licensed water well contractor to another if:
(a) Both contractors agree to the transfer;
(b) The owner or his agent agree to the transfer;
(c) The original contractor relinquishes the initial permit and forwards his or her copy of the initial permit
to the District within ten days of requesting such action;
(d) The permit has not expired; and
(e) The new contractor obtains a valid permit for the well site, for which no additional fee shall be
required.
(2) Permit Transfers from One Well to Another.
A well construction permit for a well which is not completed and becomes an “incomplete well” as defined in
subsection 40D-3.021(17), F.A.C., may be used to construct a replacement well if:
(a) The incomplete well has been properly abandoned as described in Rule 40D-3.531, F.A.C., and a
completion report on the abandonment submitted;
(b) The construction permit has not expired;
(c) The replacement well is in the same quarter section as the incomplete well; and
(d) No completion report has been submitted for the construction permit.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.308, 373.309,
373.342, F.S. History – New 12-31-92.

40D-3.321 Duration of Permits.


(1) Each permit shall be consecutively numbered, dated, and valid for a period of 90 days, unless the time limit
is extended by the District pursuant to subsection (3) or (4), below.
(2) Construction, repair, modification or abandonment of a well shall not commence or continue after the
expiration of a permit.
(3) One extension of an existing permit for a period not to exceed 90 days shall be granted by the District upon
written request if:
(a) Submitted by the permittee prior to the expiration date of the permit, and
(b) The permittee shows circumstances and conditions have not changed substantially since permit
issuance so that the proposed well will not adversely impact the water resource.
(4) Public water supply well permits shall be extended for a period of not more than one (1) year from the date
of issuance, in increments of ninety (90) days per written request for permit extension, provided the requirements of

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November 2, 2009 REGULATION OF WELLS Chapter 3

subsection (3) have been met. Extensions pursuant to subsections (3) or (4) will be covered under the original
permit fee, with no additional fee required.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.308, 373.309,
373.313, F.S. History – Readopted 10-5-74, Formerly 16J-3.08, Amended 7-1-90, 9-30-91, 12-31-92, 10-19-95.

40D-3.341 Suspension, Revocation and Cancellation of Permits.


(1) The Governing Board may suspend or revoke a permit, at any time after notice and hearing, based on one
or more of the following grounds:
(a) Material misstatement or misrepresentation in the application for a permit;
(b) Failure to comply with the provisions set forth in the permit;
(c) Disregard or violation of any of these rules or Chapter 373, Part III, F.S.; or
(d) Material change of circumstances or conditions from those existing at the time such permit was issued.
(2) The District may administratively cancel a permit upon the request of the permittee or permittee's
authorized agent, and confirmation by the District that no activity has taken place under the permit.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.306, 373.309,
373.313, F.S. History – Readopted 10-5-74, Formerly 16J-3.11(4), Amended 7-1-90, 7-2-98, 2-1-05.

40D-3.411 Well Completion Report.


(1) Well completion reports are required for the construction, repair, modification or abandonment of all wells.
The District’s receipt of a well completion report raises the rebuttable presumption that all work under the permit
has been completed or has ceased.
(a) The water well contractor or any individual permittee shall submit to the District the form entitled
“Well Completion Report,” Form No. LEG-R.005.01 (4/09), incorporated herein by reference, within 30 days of the
expiration of the permit. Copies of the Well Completion Report form can be obtained from the District’s website at
www.watermatters.org or from District offices.
(b) If no work is performed or if the well is not completed, a completion report shall be filed within 30
days of the expiration of the permit stating that no well construction was performed or completed under the permit.
(c) The District shall require a record of the well construction at any time prior to the submittal of the
completion report if any drilling problems are encountered during well construction. The District may request a
record either orally or in writing. The water well contractor or individual permittee shall provide the record within
seven days of receipt of the District’s request.
(d) The record of the well construction shall include the depth of the well, the depth of the well casing, the
amount of grout material used, and a description of the geologic material and any drilling problems encountered
during the well construction.
(2) The water well contractor shall keep or cause to be kept by a person in his employ an accurate field log of
all well construction, repair, modification or abandonment activities performed under each permit. Such logs shall
be available for inspection at the site during all times when work is in progress.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.308, 373.309,
373.313, F.S. History – Readopted 10-5-74, Amended 10-24-76, Formerly 16J-3.09, 16J-3.14, Amended 7-1-90, 9-
30-91, 12-31-92, 10-19-95, 1-1-01, 2-26-07, 8-19-08, 8-30-09.

40D-3.451 Emergency Authorization.

Specific Authority 373.044, 373.171, 373.309, 373.326, 373.342, F.S. Law Implemented 373.306, 373.308,
373.309, 373.313, 373.342. F.S. History – Readopted 10-5-74, Formerly 16J-3.12, Amended 7-1-90, 9-30-91,
Transferred to 40D-1.1022.

40D-3.461 Inspection.
(1) The District shall inspect any water well it deems necessary to insure conformity with applicable standards.
Duly authorized representatives of the District may, at reasonable times, enter upon and shall be given access to any

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November 2, 2009 REGULATION OF WELLS Chapter 3

premises for the purpose of such inspection. Such inspection may include, but need not be limited to, geophysical
logging, water level measurements, water quality sampling, and other methods.
(2) If, upon the basis of an inspection, the District determines that applicable laws or rules have not been
complied with, it shall disapprove the well. A disapproved well shall not be used until brought into compliance. If
compliance cannot be achieved in a reasonable time, the well shall be properly abandoned.
(3) If, upon the basis of an inspection, the District determines that any well is an abandoned or incomplete well
as defined in this chapter, the property owner shall have the well abandoned in accordance with subsection 62-
532.500(4) and Rule 40D-3.531, F.A.C.
(4) If, upon the basis of an inspection, the District determines that any well is a potential hazard to the water
resource, the well shall be abandoned in accordance with subsection 62-532.500(4) and Rule 40D-3.531, F.A.C.
(5) The permittee shall notify the District at least 24 hours in advance of:
(a) Grouting a public supply well,
(b) Plugging an abandoned well that is greater than two inches in diameter, or that is more than 20 feet in
depth, or
(c) The construction of any well under a permit issued with special grouting conditions.
(6) For wells identified in subsection (5) above, a District representative must be on site to observe the
grouting or plugging procedure, except for wells that are two inches or less in diameter, and wells that are 20 feet or
less in depth. The District shall grant a variance to this requirement upon oral request at the time of the 24-hour
notification by a contractor provided that:
(a) The contractor is currently in compliance with all other District Rules;
(b) The contractor has not violated any conditions of his license or any District rule within the past two
years;
(c) The District has observed the grouting, plugging or abandonment of at least ten prior wells by the
requesting contractor; and
(d) A District representative cannot be at the well site at the time of the grouting or plugging.

Specific Authority 373.044, 373.171, 373.309, 373.337, F.S. Law Implemented 373.308, 373.309, 373.319, F.S.
History – Readopted 10-5-74, Amended 8-9-77, 4-27-80, 11-8-82, Formerly 16J-3.12, Amended 7-1-90, 9-30-91,
12-31-92, 2-10-03.

40D-3.500 Construction Standards.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.309, F.S. History – Readopted 10-5-74,
Amended 8-9-77, Formerly 16J-3.202, 40D-3.701, Amended 7-1-90, Repealed 12-31-92.

40D-3.501 Variances.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.303, 373.308, 33.309, 373.313, 373.316,
373.326, F.S. History – New 7-1-90, Amended 9-30-91, 12-31-92, Transferred to 40D-1.1001.

40D-3.502 Construction Methods.


(1) Water wells, soil borings or foundation holes may be constructed by drilling, coring, boring, washing,
jetting, driving, or digging, but must be so constructed, cased, cemented, plugged, capped, or sealed as to
permanently prevent:
(a) The escape of water to waste, either at or above, the land surface, or from a subsurface zone of higher
hydrostatic head to a zone of lower hydrostatic head, or
(b) The degradation of water by poor quality water or other substances from surface or underground
sources.
(2) For wells constructed using the combination method of drilling a borehole and then driving the casing, the
borehole shall be equal to or smaller in diameter than the inside diameter of the casing and shall be sealed by adding
dry bentonite to the casing string at land surface and allowing that material to be carried down the outside of the
casing as the casing is driven to completion. Dry bentonite shall be applied to maintain a grout seal around the
casing. The first length of water bearing casing, excluding the attached drive shoe, shall not exceed 21 feet in length
and must be driven into the ground before any additional borehole is constructed. During construction of a well
in a delineated area, as defined in Rule 62-524.200, F.A.C., or a public supply well using the combination drilling
method, the minimum acceptable grout seal shall be accomplished by undercutting or underreaming the last five feet

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November 2, 2009 REGULATION OF WELLS Chapter 3

of hole before sealing the casing. A minimum of one foot of such enlarged hole must be into the consolidated
formation in which the casing is seated. The entire enlarged portion of the hole shall be filled with cement grout and
then the casing shall be driven through the cement grout and seated into the enlarged portion of the consolidated
formation. The top 20 feet of casing shall be sealed with no less than a 2-inch nominal thickness of cement grout.
Except as described above, the use of a drilling tool, such as an eccentric bit or an underreamer bit, that is capable of
drilling a hole larger than the inside diameter of the casing is prohibited when constructing a well by combination
method.
(3) In the construction of a well, reasonable caution shall be taken to maintain the premises in sanitary
condition and to minimize the entrance of contaminants into the water resource. Water and materials used in
construction shall be reasonably free of contamination. If the well or water supply is a known source of
contamination or is within a known area of contamination, it shall not be used to provide water to construct the well.
For purposes of this rule, a known source or known area of contamination would be any water supply or well within
the area specified by Chapter 62-524, F.A.C.
(4) Monitor wells for underground storage systems shall be constructed in accordance with Chapter 62-761,
F.A.C., and this Chapter.
(5) Injection wells shall be constructed in accordance with Chapter 62-528, F.A.C., and this Chapter.
(6) Wells permitted under Chapter 62-524, F.A.C., shall be constructed, repaired, modified or abandoned in a
manner that meets the special criteria developed for each designated area.
(7) Wells being constructed, repaired, modified or abandoned as part of a water use permit, issued under
Chapter 40D-2, F.A.C., must meet all special well construction conditions specified by that permit. When special
well construction conditions have been specified on a water use permit, these conditions shall be attached to
applicable well construction permits.
(8) The District may designate special well construction standards areas by emergency rule to prevent transport
of surface contaminants to ground water or movement of introduced or natural contaminants from one aquifer or
zone to another. Such standards will be the minimum necessary to prevent the movement of contaminants, and will
be developed in cooperation with other state agencies, local jurisdictions, and the regulated public, in accordance
with Chapter 120, F.S., provisions for emergency rulemaking.

Specific Authority 373.044, 373.171, 373.309, 373.337, F.S. Law Implemented 373.306, 373.308, 373.309, F.S.
History – New 7-1-90, Amended 9-30-91, 12-31-92, 2-19-04.

40D-3.505 Location.
(1) Wells shall be located so as to not pose a threat of contamination to the water resource and to provide for
the protection of the health, safety and welfare of the user.
(2) Minimum spacing between wells and sanitary hazards, including but not limited to, septic tanks, drain
fields, and ground water contamination areas, shall be as specified by Section 381.0065, F.S., and subsection 62-
532.400(7), F.A.C. The District shall increase these distances if necessary to protect the health, safety and welfare
of individuals who may be exposed to ground water contamination through ingestion, inhalation, or dermal
absorption.
(3) The District will deny a permit application to construct a water well if use of the well would increase the
potential for harm to public health, safety and welfare, or if the proposed well would degrade the water quality of the
aquifer by causing pollutants to spread.
(4) A variance from the above specified restrictions may be obtained from the District as provided in Rule
40D-1.1001, F.A.C. The review of a variance request shall include an evaluation of the following criteria, as
applicable: surface and ground water gradients, well location, withdrawal amount, well depth (including depth of
casing), natural barriers, impermeable geological strata, water quality sampling, compliance with the requirements
of Chapter 62-524, F.A.C., other grouting or protective well construction measures, and the use of treatment systems
acceptable to the Department or Department of Health.
(5) Nothing in this section relieves an applicant of the responsibility to comply with the requirements of any
other regulatory agency with jurisdiction over the applicant's activities.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.306, 373.308,
373.309, F.S. History – New 7-1-90, Amended 12-31-92, 7-2-98, 5-4-05.

40D-3.507 Casing and Liner Pipe Standards.

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November 2, 2009 REGULATION OF WELLS Chapter 3

(1) Well casing installed by driving shall not have less than the dimensions and weights specified in subsection
62-532.500(1), F.A.C.
(2) Well casing or liner pipe set into place without driving shall not have less than the dimensions and weights
specified by subsection 62-532.500(1), F.A.C.
(3) Telescoped casings may be used provided that casings of different diameters are joined with an appropriate
overlap and any annular space including the overlapped section shall be grouted in accordance with subparagraph
62-532.500(2)(f)(4), F.A.C. To prevent interchanges of water when multiple aquifers or zones are penetrated, grout
shall extend from the bottom of the casing to the top of the innermost casing. The use of lead packers for this
purpose is prohibited.
(a) A minimum overlap of ten feet and one casing centralizer in the overlapping section shall be required
for non-public supply wells which are less than six inches in diameter.
(b) A minimum overlap of 20 feet and two casing centralizers in the overlapping section shall be required
for public supply wells and all wells six inches or more in diameter.
(4) When any part of a well casing with an outside diameter of four inches or larger is intended to be installed
in a bore hole which is larger in diameter than the inside diameter of the casing, the annular space shall be filled
from bottom to top with not less than a nominal two inch thickness of neat cement grout. For those well casings
with an outside diameter of less than four inches, the minimum grout thickness shall be a nominal one inch.
(5) Liners may be used in a well provided that cross-connection of aquifers of significantly differing water
quality does not occur. Liners installed within a casing shall meet the grouting and sealing requirements of
subsection (4) above. Liners installed for the purpose of sealing off caving material in an open borehole are not
required to be grouted. A liner installed for the purpose of repairing a well may be overlapped into an existing
casing provided it is joined with an appropriate overlap and a watertight seal and provided that loss of artesian
pressure or cross connection of aquifers of significantly differing water quality does not occur.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.306, 373.308,
373.309, F.S. History – New 7-1-90, Amended 9-30-91, 12-31-92, 2-19-04.

40D-3.517 Grouting and Sealing.


Wells shall be grouted and sealed in accordance with paragraph 62-532.500(2)(f), F.A.C., and this section, to
protect the water resource from degradation caused by movement of waters along the well annulus either from the
surface to the aquifer or between aquifers, and to prevent loss of artesian pressure in artesian aquifers.
(1) All wells that are constructed in a manner which creates an annular space between the casing and the
naturally occurring geologic formations shall be grouted and sealed in accordance with the methodologies listed in
paragraph 62-532.500(2)(f), F.A.C., and this section. The use of lead packers for this purpose is prohibited.
(2) Grouting and sealing of water wells shall be accomplished in the following manner using neat cement or
bentonite grouts unless otherwise granted a variance by the District. The slurry grout mixture shall be introduced
into the annulus space from bottom to top; the casing seat shall be clean allowing the casing to set at the total depth
bored in a hole reasonably free of drill cuttings; the manufacturer’s mixing instructions shall be followed and any
polymers added to bentonite slurry mixes must be approved by the District prior to use.
(a) Grouting and Sealing Using Neat Cement Grout.
1. Composition of neat cement grout shall consist of 5.2 to 5.5 gallons of water per cubic foot or 94-
pound sack of Portland cement or a mixture of 6.0 gallons of water per sack of Portland cement with 3 to 7.5 pounds
of Bentonite not to exceed eight percent by weight.
2. The minimum set time for grouting of casing using neat cement grout before drilling operations
may continue is 12 hours. The minimum set time for grouting of casing with Portland cement and two percent
calcium chloride by weight as an accelerator will vary with depth and are listed in Table 1 below.

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November 2, 2009 REGULATION OF WELLS Chapter 3

TABLE 1
INITIAL SET TIMES FOR SPECIFIED DEPTH RANGES WHEN 2% CALCIUM CHLORIDE IS MIXED BY
WEIGHT WITH PORTLAND CEMENT
Depth Set Time
(in feet) (in hours)
0-200 4
201-400 3.5
401-600 3
601-800 2
801 & greater 1

(b) Grouting and Sealing Using Bentonite Grouts.


1. A Bentonite grout shall consist of a high solid sodium montmorillonite. The grout shall yield
solids ranging from 20 to 30 percent, with a minimum density equal to or greater than 9.4 pounds per gallon, and a
permeability of approximately 1 x 10-7 centimeters per second or less.
2. Bentonite slurry grout used for sealing purposes is restricted to wells with an outside diameter of
five inches or less in diameter nominal size. A formation packer or a five foot neat cement plug must be installed at
the casing seat and an upper ten feet of neat cement is required to prevent deterioration of or damage to the bentonite
seal.
3. Bentonite grout used for abandonment purposes is not restricted by well size but cannot be used to
abandon a dry well and cannot be placed any higher in the well than the height of the static water level. Any
unsealed remainder above the height of the static water level must be filled with neat cement. At a minimum, an
upper ten feet of neat cement is required to prevent deterioration of or damage to the bentonite seal.
4. Only Bentonite grout approved by the National Sanitation Foundation is allowed on public supply
wells or in any identified contamination areas. If artesian flow conditions occur, a neat cement plug shall be
installed to stop the flow prior to the use of Bentonite grout. Use of Bentonite grout shall not be allowed in
contaminated wells when the contaminants will prevent an adequate seal, or in wells with water quality
concentrations exceeding 10,000 milligrams per liter total dissolved solids.
(3) For wells constructed by driving well casing, dry bentonite with an average mesh size between 4 and 20
U.S. standard sieve size or grain size between 5mm and .85mm must be added to the continuous casing string at land
surface at the beginning and during construction of the well.
(4) Soil boring and foundation holes, as defined in subsection 40D-3.021(27), F.A.C., drilled into limestone or
a similar carbonate material shall be sealed with an appropriate cement or bentonite grout mixture to prevent any
uncontrolled movement of water between aquifers and to prevent surface contaminants from entering the hole.
Other soil boring and foundation holes shall also be sealed unless they are in an unconsolidated material that will
collapse upon completion of the drilling activity.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.306, 373.308,
373.309, F.S. History – New 7-1-90, Amended 9-30-91, 12-31-92.

40D-3.521 Well Seals.


(1) Temporary Well Seals. Whenever there is a temporary interruption in work on the well during
construction, repair, modification or abandonment, the well opening shall be sealed with a watertight cover. Except
in areas designated by the District, any well in which pumping equipment is installed seasonally or periodically
shall, whenever pumping equipment is not installed, be capped with a watertight cap or valve. The top of the well
casing shall at a minimum extend one foot above land surface and, if practical, one foot above the 100-year flood
elevation.
(2) Permanent Well Seals. Wells shall be properly sealed to prevent the movement of contaminants and
surface water into the well. The top of the well casing shall at a minimum extend one foot above land surface and, if
practical, one foot above the 100-year flood elevation, for all wells except those outlined in Chapter 62-761, F.A.C.
A flush mounted protective cover can be installed as an alternative to the one foot casing extension on surficial
screened wells that are two inches or less in diameter. The flush mounted protective cover shall be constructed of
one continuous piece of material resistant to deterioration and rusting. The flush mounted protective cover shall be
fitted with a lid for easy access to the well point and a minimum dimension of 15 inches in length by ten inches in

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November 2, 2009 REGULATION OF WELLS Chapter 3

width by 13 inches in depth. When a flush mounted protective cover is used as an alternative in accordance with
this section, the pipe connecting the well point must be continuous to the pump, and the cover must allow adequate
drainage to prevent ponding or mounding of water inside the box.
(3) Pumping equipment and any necessary pipe or electrical connections shall be installed to prevent
inadvertent introduction of contaminants into the well, and if installed within the casing, shall be installed through a
watertight seal.
(4) The finished height of public supply wells shall be at a minimum 18 inches above finished grade, and, if
practical, one foot above the 100-year flood elevation. The upper end of the well casing shall include a watertight
seal with any vent located two feet above finished grade.

Specific Authority 373.044, 373.171, 373.309, 373.337, F.S. Law Implemented 373.306, 373.308, 373.309, F.S
History – New 7-1-90, Amended 12-31-92, 2-8-99.

40D-3.525 Explosives.
The use of explosives in well construction or development is prohibited unless it can be shown their use will not
cause degradation of the water resource and will not endanger the health, safety or welfare of the people. The use of
explosives must be specifically approved by the District.

Specific Authority 373.044, 373.309, 373.317, 373.337, F.S. Law Implemented 373.306, 373.308, 373.309, F.S.
History – New 7-1-90.

40D-3.529 Flowing Wells.


If the well flows at land surface, a valve shall be provided and maintained to control the discharge from the
well.

Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.206, 373.306,
373.308, 373.309, F.S History – New 7-1-90.

40D-3.531 Abandoned Well Plugging.


(1) The form entitled "State of Florida Permit Application to Construct, Repair, Modify or Abandon a Well,”
adopted by reference in Rule 40D-3.101, F.A.C., shall be submitted to the District and a Well Construction Permit
shall be issued prior to the abandonment of any well, including an incomplete well.
(2) All abandoned wells as defined by subsection 373.303(1), F.S. and subsection 40D-3.021(1), F.A.C.,
abandoned artesian wells as defined by subsection 373.203(1), F.S., and incomplete wells as defined by subsection
40D-3.021(17), F.A.C., shall be plugged in accordance with subsection (3) of this rule and Rule 40D-3.517, F.A.C.,
unless they can be repaired in accordance with this chapter.
(3) All abandoned and incomplete wells shall be plugged by filling them from bottom to top with grout. The
work shall be performed by a licensed water well contractor except for wells exempted under subsection 40D-
3.051(1) and wells permitted to be constructed or abandoned pursuant to paragraph 40D-3.301(1)(a), F.A.C.
(a) Use of clean aggregate to bridge cavernous or lost circulation zones shall be allowed if measurements
indicate loss of grout and the borehole or screened portion does not connect two (2) or more aquifers of differing
water quality. Prior approval to use aggregate or other material must be obtained from the District.
(b) Obstructions shall be cleared from all wells prior to plugging.
(4) The contractor must notify the District at least 24 hours in advance of a well abandonment. A District
representative must be on site to observe the abandonment procedure unless the following criteria are met and the
District authorizes the contractor to proceed without a District representative on site:
(a) The contractor is currently in compliance with all other District rules;
(b) The contractor has not violated any conditions of his license or any District rule within the past two
years;
(c) The District has observed the abandonment of at least ten prior wells by the requesting contractor; and
(d) A District representative cannot be at the well site at the time of abandonment.
(5) The "Well Grouting/Abandonment Form," Form No. LEG-R.041.00 (4/09) incorporated herein by reference,
will be used to document the well abandonment. Copies of this form can be obtained at the District’s website at
www.watermatters.org or from District offices.

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November 2, 2009 REGULATION OF WELLS Chapter 3

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337, F.S. Law Implemented 373.206, 373.207,
373.209, 373.306, 373.308, 373.309, F.S. History – New 7-1-90, Amended 9-30-91, 12-31-92, 7-2-98, 9-26-02, 2-
26-07, 8-19-08, 8-30-09.

40D-3.600 Special Well Construction Standards.


To prevent impacts to water wells from periodic high water use, in addition to complying with the other
construction requirements of this chapter, the construction of potable water wells in the area of the Dover
community shall also comply with the requirements set forth below.
(1) Potable water wells constructed in the Dover area north of Interstate 4 (North Dover), as identified in
subsection (2) below, shall be cased to a minimum depth of 105 feet below land surface.
(2) The area of North Dover is as follows:
Township 28, Range 20, Sections 12 through 14, 23, 24 and those portions of 25 and 26 lying north of
Interstate 4;
Township 28, Range 21, Sections 1 through 19 and those portions of 20 through 24 and 30 lying north of
Interstate 4; and
Township 28, Range 22, Sections 2 through 10, 15 through 18 and that portion of 20 lying north of
Interstate 4.
(3) Potable water wells constructed in the Dover area south of Interstate 4 (South Dover), as identified in
subsection (4) below, shall be cased to a minimum depth of 147 feet below land surface.
(4) The area of South Dover is as follows:
Township 28, Range 20, those portions of Sections 25 and 26 lying south of Interstate 4 and Sections 35 and
36;
Township 28, Range 21, those portions of Sections 20 through 24 and 30 lying south of Interstate 4 and
Sections 25 through 29 and 31 through 36;
Township 28, Range 22, that portion of Section 20 lying south of Interstate 4;
Township 29, Range 20, Sections 1, 2, 11 through 13 and 24;
Township 29, Range 21, Sections 1 through 29, 33 and 34; and
Township 29, Range 22, Sections 4 through 9 and 15 through 21.

Specific Authority 373.044, 373.113, 373.171, 373.308, F.S. Law Implemented 373.308, 373.309, F.S. New 4-9-02.

40D-3.701 Construction Standards.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.309, 373.339, F.S. History – Readopted
10-5-74, Amended 8-9-77, Formerly 16J-3.20, Transferred to 40D-3.500, F.A.C.

3-14
40D-4
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-4
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

40D-4.011 Policy and Purpose. (Repealed)


40D-4.021 Definitions.
40D-4.031 Implementation, Effective Date and Applicability.
40D-4.041 Permits Required.
40D-4.042 Formal Determination of Wetlands and Other Surface Waters.
40D-4.051 Exemptions.
40D-4.052 Request for Exemption. (Reserved)
40D-4.053 Conditions for Exemptions.
40D-4.054 Alteration of Exempt Projects.
40D-4.091 Publications and Agreements Incorporated by Reference.
40D-4.101 Content of Application.
40D-4.111 Notice of Application Form. (Repealed)
40D-4.121 Notice and Hearing Requirements. (Repealed)
40D-4.131 Times for Receiving Objections and for Hearing. (Repealed)
40D-4.201 Permit Processing Fee.
40D-4.301 Conditions for Issuance of Permits.
40D-4.302 Additional Conditions for Issuance of Permits.
40D-4.311 Variances. (Repealed)
40D-4.321 Duration of Permit.
40D-4.331 Modification of Permits.
40D-4.341 Revocation and Cancellation of Permits.
40D-4.351 Transfer of Permits.
40D-4.381 General Conditions.
40D-4.401 Identification Tags. (Repealed)
40D-4.411 Completion Report. (Repealed)
40D-4.451 Emergency Authorization. (Transferred to 40D-1.1021)
40D-4.461 Inspection.
40D-4.471 Abatement and Abandonment of a System. (Repealed)
40D-4.481 Remedial and Emergency Measures. (Repealed)

40D-4.011 Policy and Purpose.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416, 373.426, F.S.
History – Readopted 10-5-74, Formerly 16J-4.01, Amended 10-1-84, 3-1-88, 10-3-95, Repealed 7-2-98.

40D-4.021 Definitions.
When used in this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) "Alteration" means any activity resulting in substantial expansion or change of a surface water management
system that will increase or decrease the discharge of the system, increase pollutant loading, change the point or
points of discharge, or intrude into or otherwise adversely impact wetlands by rim ditching, draining, filling or
excavation. Routine custodial maintenance and repairs shall not constitute alterations.
(2) "Basis of Review for Environmental Resource Permit Applications within the Southwest Florida Water
Management District," or "Basis of Review" is the document incorporated by reference in Rule 40D-4.091, F.A.C.,
which provides threshold design, administrative and technical criteria for permit applicants.
(3) "Conceptual Permit" means an Environmental Resource Permit that approves the design concepts of a
phased development master plan for a surface water management system or for a mitigation bank.
(4) "Construction" means any on-site activity which will result in the creation of a surface water management
system, or the abandonment or alteration of an existing surface water management system, including the building,
assembling, expansion or recontouring of the property; the erection of buildings or other structures, or any part
thereof; or land clearing.

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INDIVIDUAL
December 9, 2009 ENVIRONMENTAL RESOURCE PERMITS Chapter 4

(5) "Construction Permit" means an Environmental Resource Permit issued by the District authorizing
construction, alteration or abandonment of a surface water management system in accordance with the terms and
conditions of the permit.
(6) "Embedment" is the placement of transmission or distribution lines, pipes or cables into the bottoms of
waters of the state by minimal displacement of bottom material and without the creation of a trench, or trough,
through the use of techniques such as plowing-in, weighing-in, or non-trenching jets.
(7) "Entrenchment" is the placement of transmission or distribution lines, pipes or cables into the bottoms of
waters of the state by the creation of a defined trench, or trough, through the use of such devices as clamshells,
dredges, trenching jets, or other devices which produce similar results.
(8) "Environmental Resource Permit" means a conceptual, individual or general permit for a surface water
management system issued pursuant to Part IV, Chapter 373, F.S.
(9) "General Permit" means a General Environmental Resource Permit, as described in Chapters 40D-4 and
40D-40, F.A.C.
(10) "Individual Permit" means an Individual Environmental Resource Permit, as described in Chapter 40D-4,
F.A.C.
(11) “Noticed General Permit” means a Noticed General Environmental Resource Permit, as described in
Chapters 40D-4 and 40D-400, F.A.C., that may be issued by District staff.
(12) "Operation Permit" means a phase of an Environmental Resource Permit issued by the District authorizing
the operation and maintenance of a surface water management system in accordance with the terms and conditions
of the permit.
(13) "Project Area" means the area within the total land area, as defined in subsection 40D-4.021(19), F.A.C.,
which is or will be served by a surface water management system to be permitted.
(14) "Prospecting" means activities considered normal and reasonably necessary to retrieve samples of
subsurface geologic sediments for the specific purpose of locating, mapping, and determining the quality and
quantity of sedimentary strata or natural deposits.
(15) "Site Conditions Assessment Permit" means an Environmental Resource Permit issued by the District as
the first phase of construction permitting which identifies and documents the boundaries of certain existing
topographic and environmental site conditions within the applicant's project area that are measurably associated with
waters.
(16) "Surface waters" are defined in Section 373.019(16), F.S.
(17) "Surface water management system" or "system" means any stormwater management system, dam,
impoundment, reservoir, appurtenant work, or works or any combination thereof. The terms "surface water
management system" or "system" include areas created by filling or by dredging as those terms are defined in
Sections 373.403(13) and 373.403(14), F.S.
(18) "Surface waters of the state" means those surface waters regulated pursuant to Section 403.031(13), F.S.
(19) "Total land area" means land holdings under common ownership or control which are contiguous, or land
holdings which are served by a common surface water management system.
(20) "Wetlands" means those areas that are inundated or saturated by surface water or ground water at a
frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or
alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in
wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas
having soil conditions described above. These species, due to morphological, physiological, or reproductive
adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions.
Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet
prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar
areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by
saw palmetto.
(21) The definitions listed in Chapter 40D-400, F.A.C., are also applicable to this chapter and Chapter 40D-40,
F.A.C.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, F.S. Law Implemented 373.079(4)(a),
373.083(5), 373.403, 373.413, F.S. History – Readopted 10-5-74, Formerly 16J-4.02, Amended 10-1-84, 3-1-88, 9-
11-88, 10-3-95, 7-23-96, 2-27-02, 9-26-02, 2-19-04, 2-6-07, 1-8-08, 9-29-08, 11-2-09.

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INDIVIDUAL
December 9, 2009 ENVIRONMENTAL RESOURCE PERMITS Chapter 4

40D-4.031 Implementation, Effective Date and Applicability.


(1) Chapter 40D-4, F.A.C., shall continue in implementation from January 1, 1975, throughout the entire area
comprising the District as of 11:59 p.m., December 31, 1976; and from August 3, 1977, throughout the areas
annexed into the Peace and Withlacoochee River Basins and within the Manasota Basin; and shall be implemented
October 16, 1978, and apply within the area annexed into the District by Chapter 78-65, Laws of Florida.
(2) Amendments to these rules adopted October 27, 1987, including the Basis of Review, are effective March
1, 1988, and apply to permit applications filed on or after March 1, 1988.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416, 373.426, F.S., 76-
243, Laws of Florida. History – Readopted 10-5-74, Amended 9-4-77, 10-16-78, Formerly 16J-4.03, Amended 10-
1-84, 3-1-88.

40D-4.041 Permits Required.


(1) Unless expressly exempt by law or District rule an Environmental Resource Permit shall be obtained from
the District prior to:
(a) The construction, operation, alteration, abandonment, or removal of any surface water management
system.
(b) The establishment of a mitigation bank.
(2) The District issues the following types of Environmental Resource Permits:
(a) General permits for construction, alteration, operation, removal or abandonment of surface water
management systems for projects which have, either singularly or cumulatively, minimal environmental impact.
1. General permits are issued pursuant to Chapter 40D-40, F.A.C.
2. Noticed general permits are issued pursuant to Chapter 40D-400, F.A.C.
(b) Individual permits for construction, alteration, operation, removal or abandonment of surface water
management systems for projects not meeting the criteria to qualify for a general permit under Chapter 40D-40 or
40D-400, F.A.C., and for mitigation banks.
(c) Conceptual permits are individual permits for mitigation banks and projects to be developed in phases
that approve the design concepts of a phased development master plan. Construction and operation permits for each
phase must meet the conditions for issuance in Rules 40D-4.301 and 40D-4.302, F.A.C., in effect when the
application for the construction permit is filed. Design concepts approved by the District in the conceptual permit
will be expressly stated in that permit and shall not be affected by subsequent rule changes so long as the permit is
valid. Design concepts approved in a conceptual permit that will contribute to the degradation of a water body on the
verified list of impaired waters adopted pursuant to Rule 62-303, F.A.C., or are inconsistent with an adopted TMDL
or BMAP shall not be binding on the District. A conceptual permit does not authorize construction, alteration,
operation, or abandonment of a surface water management system or establishment of a mitigation bank.
(d) Site conditions assessment permits are optional general permits issued pursuant to Chapters 40D-4 and
40D-40, F.A.C., and the Basis of Review for Environmental Resource Permit Applications within the Southwest
Florida Water Management District, as the first phase of construction permitting which identify and document the
boundaries of certain existing topographic and environmental site conditions existing within a project area. At a
minimum, all site conditions assessment permits shall evaluate, and identify if present, the landward extent of
wetlands and other surface waters; the level and landward extent of the 100 year floodplain; seasonal high water
levels and existing watershed delineations. In the permit application, the applicant may request that the District
evaluate additional site conditions boundaries. A site conditions assessment permit does not authorize construction,
alteration, operation, or abandonment of a surface water management system or establishment of a mitigation bank.
However, a currently valid site conditions assessment permit can be formally modified by the permittee to apply for
either an individual or a general construction and operation permit.
(3) A General Permit for Minor Surface Water Management Systems is required for a surface water
management system, otherwise exempt from permitting under subsections 40D-4.051(3) or (4), F.A.C., unless the
system is exempt by statute or rule from stormwater quality regulation or has received stormwater quality review
and approval by the District or by a DEP permit, license or certification.
(4) Any dredging or filling in, on, or over surface waters of the state which is authorized by a general or
individual permit issued under Chapter 40D-4, 40D-40, or 16J-4, F.A.C., as such chapters existed prior to October 3,
1995, but which is not authorized by a permit or exemption under Chapter 62-312, F.A.C., as such chapter existed
prior to October 3, 1995, shall require an Environmental Resource Permit prior to the dredging or filling. However,
such dredging or filling shall be exempt from the requirements of paragraphs 40D-4.301(1)(a) through (e) and (g)
through (k), F.A.C.

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INDIVIDUAL
December 9, 2009 ENVIRONMENTAL RESOURCE PERMITS Chapter 4

(5) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on
submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. Such authorization shall
be reviewed by the District for activities which also require an Environmental Resource Permit or exemption under
Chapters 40D-4, 40D-40, and 40D-400, F.A.C., or a permit under subsections 373.414(11) through (16), F.S., under
Section 373.427, F.S., Chapters 18-20 and 18-21, F.A.C., and Rules 62-312.065, 62-343.075, and 40D-1.603,
F.A.C.
(6) (a) The owner/operator of any system for a mining or mining related activity that has an exemption
confirmation letter issued by the District or the Department pursuant to Rule 40D-45.051, F.A.C., as that rule existed
prior to October 9, 2001, must apply for an Environmental Resource Permit from the District or the Department in
accordance with the division of responsibilities outlined in the Operating Agreement Concerning Regulation Under
Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., Between Southwest
Florida Water Management District and Department of Environmental Protection, dated October 27, 1998, adopted
by reference in Rule 40D-4.091, F.A.C. The application shall be provided no later than May 1, 2004, and be
completed no later than May 1, 2005, and shall include the system for mining, mining related activities, and
reclamation activities.
(b) During the application period the system for a mining or mining related activity previously exempt
under Rule 40D-45.051, F.A.C., shall be operated in accordance with any plans, terms and conditions approved in
the exemption confirmation letter and shall not affect the quality of receiving waters such that the applicable water
quality standards set forth in Chapters 62-4, 62-302, 62-520, 62-522, and 62-550, F.A.C., including any
antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-
302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource
Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated, and shall not otherwise harm the water
resources. If an owner/operator proposes modifications to a system at any time, such modification shall be
immediately subject to permitting under Chapter 40D-4, F.A.C., as provided in Rule 40D-4.054, F.A.C.

Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416,
373.426, 373.427, F.S. History – Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly 16J-4.04, 16J-
4.10(1), (2), (4), Amended 10-1-84, 3-1-88, 10-3-95, 7-23-96, 10-16-96, 4-17-97, 10-11-01, 7-16-02, 9-26-02, 3-26-
03, 1-8-08, 9-10-08, 9-29-08.

40D-4.042 Formal Determination of Wetlands and Other Surface Waters.


(1) Pursuant to subsection 373.421(2), F.S., a real property owner, an entity that has the power of eminent
domain, or any other person who has a legal or equitable interest in real property may petition the District for a
formal determination for that property. A formal determination means the District will determine the locations on
the property of the landward extent (boundaries) of wetlands and other surface waters.
(2) To petition for a formal determination, the petitioner must submit to the District the following:
(a) Five copies of a Petition for a Formal Determination of the Landward Extent of Wetlands and Surface
Waters, Form No. 547.27/FJDS (4/09) which is incorporated herein by reference, including copies of all items
required by that form. This form can be obtained from the District’s website at www.watermatters.org. or from
District offices.
(b) A non-refundable formal determination fee as specified in Rule 40D-1.607, F.A.C
(3) (a) Within 30 days of receipt of a petition for a formal determination, the District shall notify the petitioner
of any additional information which may be necessary to complete review of the petition. The District shall
complete the determination and shall issue a notice of agency action within 90 days after the petition is deemed
complete. The petitioner may publish the notice of agency action on the petition in a newspaper of general
circulation in the county or counties where the property is located in accordance with Rule 40D-1.1010, F.A.C.
(b) The provisions of Sections 120.57 and 120.569, F.S., apply to formal determinations made pursuant to
this section. Any person whose substantial interests will be affected by the District's proposed action on the petition
may request an administrative hearing on the proposed action.
(4) A petitioner can request a formal determination consisting of a certified survey, an approximate
delineation, or combinations thereof as described in Section 3.4 of the Basis of Review adopted by reference in Rule
40D-4.091, F.A.C.
(5) The Regulation Department Directors are delegated the authority to take final action on petitions for formal
determinations under this section. A formal determination shall be issued only if the petitioner has satisfied all the
requirements of this section.

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INDIVIDUAL
December 9, 2009 ENVIRONMENTAL RESOURCE PERMITS Chapter 4

(6) A formal determination shall be binding for five years provided physical conditions on the property do not
change so as to alter the boundaries of the wetlands and other surface waters during that period.
(7) A petition for a new formal determination for a property for which a formal determination already exists
shall require the reduced fee set forth in Rule 40D-1.607, F.A.C., provided:
(a) Physical conditions on the property have not changed so as to alter the boundaries of the wetlands and
other surface waters during that period; and
(b) The petition is submitted within 60 days prior to the existing determination's expiration.
(8) Pursuant to Section 373.421(4), F.S., the Governing Board may revoke the formal wetland determination
upon a finding that the petitioner has submitted inaccurate information to the District.

Rulemaking Authority 373.044, 373.113, 373.421(2), F.S. Law Implemented 373.421(2), F.S. History – New 10-3-
95, Amended 7-2-98, 2-14-00, 5-28-00, 7-29-02, 2-27-03, 8-30-09.

40D-4.051 Exemptions.
The District will exempt from regulation under Section 373, Part IV, F.S., those activities that the District
determines will have only minimal or insignificant individual or cumulative adverse impacts on the water resources
of the District.
The following activities are exempt from permitting under this chapter:
(1) The activities specified in Section 373.406, F.S.
(2) The operation and maintenance of a surface water management system which:
(a) Was constructed before October 1, 1984; or
(b) Was constructed or was being constructed on or before December 9, 1999 and was not required to
obtain a District permit under exemptions existing at that time.
(3) The construction, alteration, or operation of a surface water management system for agricultural or
silvicultural activities which satisfies the following requirements:
(a) The total land area does not equal or exceed ten acres;
(b) The area of impervious surface will not equal or exceed two acres;
(c) The activities will not be conducted in wetlands;
(d) The activities will not be conducted in existing lakes, streams, or other watercourses;
(e) The surface water management system will not utilize drainage pumps or operable discharge
structures;
(f) The activities will not utilize storm drainage facilities larger than one 24-inch diameter pipe, or its
hydraulic equivalent;
(g) Discharges from the site will meet applicable state water quality standards, as set forth in Chapter 62-
302 and Rule 62-4.242, F.A.C.;
(h) The activities are part of a conservation plan prepared or approved by a local Soil and Water
Conservation District Board organized pursuant to Chapter 582, F.S., (S.C.S.). If the S.C.S. conservation plan is not
implemented according to its terms, the exemption created in this subsection does not apply;
(i) The activities can otherwise reasonably be expected not to have significant adverse water resource
impacts; and
(j) The surface water management system can be effectively maintained.
(4) All normal and necessary farming and forestry operations as are customary for the area, which can be
conducted without the construction or alteration of a surface water management system. In order to qualify for this
exemption, such operations and facilities shall not impede or divert the flow of surface waters entering or leaving the
operation or intrude into or otherwise substantially and adversely impact significant wetlands.
(5) Phosphate mining, phosphate mining related surface water management systems, and reclamation and
restoration conducted in accordance with Chapter 62C-16, F.A.C., are exempt from the requirements of this chapter,
provided that all conditions for exemption in Rule 40D-4.053, F.A.C., are met.
(6) Any system for a mining or mining related activity which has a valid permit issued by the District or the
Department pursuant to Rule 40D-45.041, F.A.C. This exemption shall be for the plans, terms and conditions
approved in the permit issued pursuant to Chapter 40D-45, F.A.C. If an operator of a system previously permitted
under Chapter 40D-45, F.A.C., proposes an "alteration" as the term is defined in subsection 40D-4.021(1), F.A.C.,
such system shall be reviewed under the provisions of Chapter 40D-4, F.A.C.
(7) Construction or private use of a single family dwelling unit, duplex, triplex or quadruplex that is not part of
a larger common plan of development or sale and does not involve wetlands or other surface waters.

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(8) Routine maintenance of a surface water management system; however, maintenance of surface water
management systems will be considered in conjunction with the applications for construction, alteration, or
operation.
(9) In accordance with the provisions of Section 403.813(2), F.S., no permit shall be required under Chapter
40D-4, 40D-40 or 40D-400, F.A.C., for the following activities:
(a) The repair or replacement of existing functional pipes or culverts the purpose of which is the discharge
or conveyance of stormwater. In all cases, the invert elevation, the diameter, and the length of the culvert shall not
be changed. However, the material used for the culvert may be different from the original material. This exemption
does not authorize the repair, replacement, or alteration of dams, spillways or appurtenant works, nor construction
activities or procedures that cause a violation of water quality standards as set forth in Chapter 62-302 and Rule 62-
4.242, F.A.C.
(b) The installation, replacement or repair of mooring pilings and dolphins associated with private docking
facilities or piers.
(c) The installation and repair of private docks, piers and recreational docking facilities, or piers and
recreational docking facilities of local government entities when the local governmental entity’s activities will not
take place in any manatee habitat, which structures have 1000 square feet or less of surface area over wetlands or
other surface waters or 500 square feet or less of surface area over wetlands or other surface waters which are
Outstanding Florida Waters. This exemption shall include the construction of structures above the dock or pier area,
such as gazebos and boat shelters, provided such structures are not enclosed with walls and doors, are not used for
living, commercial purposes, or storage of materials other than those associated with recreational use and provided
the structures do not exceed, together with the docking facility or pier, the total area limitations above. To qualify
for this exemption, any such structure:
1. Shall be used for recreational, non-commercial activities; and
2. Shall be constructed or held in place by pilings, including floating docks, so as not to involve
filling or dredging other than necessary to install the pilings; and
3. Shall not substantially impede the flow of water or create a navigational hazard; and
4. Shall be the sole dock or pier constructed pursuant to this exemption as measured along the
shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet
in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. For the
purposes of this rule, multi-family living complexes and other types of complexes or facilities associated with the
proposed private dock shall be treated as one parcel of property regardless of the legal division of ownership or
control of the associated property. Construction of a dock under this exemption does not obligate the District to
issue a subsequent permit to construct a channel to provide navigational access to the dock. Activities associated
with a dock shall include the construction of the structures attached to the dock which are only suitable for the
mooring or storage of boats (i.e., boatlifts). Nothing in this paragraph shall prohibit the Department from taking
appropriate enforcement action pursuant to Chapter 403, F.S., to abate or prohibit any activity otherwise exempt
from permitting pursuant to this paragraph if the Department can demonstrate that the exempted activity has caused
water pollution in violation of Chapter 403, F.S.
(d) The performance of maintenance dredging of existing manmade canals, channels, basins, berths, intake
and discharge structures, and previously dredged portions of natural water bodies within drainage rights-of-way or
drainage easements which have been recorded in the public records of the county, where the spoil material is to be
removed and deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material into
waters of the state, provided that no more dredging is performed than is necessary to restore the canals, channels,
basins, berths, and intake and discharge structures, and previously dredged portions of natural water bodies, to
original design specifications, provided that the work is conducted in compliance with Section 370.12(2)(d), F.S.,
provided that no significant impacts occur to previously undisturbed natural areas, and provided that control devices
for return flow and best management practices of erosion and sediment control are utilized to prevent bank erosion
and scouring and to prevent turbidity, dredged material, and toxic or deleterious substances from discharging into
adjacent waters during maintenance dredging. Further, for maintenance dredging of previously dredged portions of
natural water bodies within recorded drainage rights-of-way or drainage easements, an entity that seeks an
exemption must notify the Department or Water Management District, as applicable, at least 30 days prior to
dredging and provide documentation of original design specifications or configurations where such exist. This
exemption shall apply to all canals and previously dredged portions of natural water bodies within recorded drainage
rights-of-way or drainage easements constructed before April 3, 1970, and to those canals and previously dredged
portions of natural water bodies constructed on or after April 3, 1970, pursuant to all necessary state permits. This
exemption shall not apply to the removal of a natural or manmade barrier separating a canal or canal system from

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adjacent wetlands or other surface waters. Where no previous permit has been issued by the Board of Trustees of the
Internal Improvement Trust Fund, the Department, the District or the United States Army Corps of Engineers for
construction or maintenance dredging of the existing manmade canal, channel, basin, berth, or intake or discharge
structure, such maintenance dredging shall be limited to a depth of no more than five feet below mean low water.
(e) The installation and maintenance to design specifications of boat ramps on artificial bodies of water
where navigational access to the proposed ramp exists, or the installation and maintenance to design specifications
of boat ramps open to the public in any wetlands or other surface waters where navigational access to the proposed
ramp exists and where the construction of the proposed ramp will be less than 30 feet wide and will involve the
removal of less than 25 cubic yards of material from the wetlands or other surface waters and the installation of
docks with an area of 500 square feet or less over wetlands or other surface waters that are associated with and
adjoining the boat ramps constructed pursuant to this exemption. All material removed shall be placed upon a self-
contained upland site so as to prevent the escape of the spoil material and return water from the spoil site into the
wetlands or other surface waters. For the purpose of this exemption, artificial bodies of water shall include
residential canal systems, canals permitted by a District created under Section 373.069, F.S., and artificially created
portions of the Florida Intracoastal Waterway.
(f) Construction of seawalls or riprap, including only that backfilling needed to level the land behind
seawalls or riprap, in artificially created waterways where such construction will not violate existing water quality
standards, impede navigation or adversely affect flood control. An artificially created waterway is defined as a body
of water that has been totally dredged or excavated and which does not overlap natural wetlands or other surface
waters. For the purpose of this exemption, artificially created waterways shall also include existing residential canal
systems. This exemption does not apply to the construction of vertical seawalls in estuaries or lagoons unless the
proposed construction is within an existing man-made canal where the shoreline is currently occupied in whole or in
part by vertical seawalls.
(g) Construction of private docks in artificially created waterways where construction will not violate
water quality standards, impede navigation, or adversely affect flood control.
(h) The replacement or repair of existing docks and mooring pilings provided that no fill material other
than the piles is to be used, and provided that the replacement or the repaired dock or mooring pile is in the same
location and of the same configuration and dimensions as the dock or mooring pile being replaced or repaired. A
dock or mooring pile must be functional and able to provide access to boats moored at the dock or pile before this
exemption may be used unless the dock or mooring pile has been rendered nonfunctional by a discreet event such as
a storm, collision or fire.
(i) The restoration of a seawall or riprap at its previous location, upland of its previous location, or within
18 inches waterward of its previous location, as measured from the face of the existing seawall slab to the face of
restored seawall slab or from the front slope of the existing riprap to the front slope of the restored riprap. No filling
can be performed except in the actual restoration of the seawall or riprap. No construction shall be undertaken
without necessary title or leasehold interest, especially where private and public ownership boundaries have changed
as a result of natural occurrences such as accretion, reliction and natural erosion. This exemption shall be limited to
functioning seawalls or riprap. This exemption shall not affect the permitting requirements of Chapter 161, F.S.
(j) The maintenance of functioning insect control structures, and the maintenance of functioning dikes and
functioning irrigation and drainage ditches, including roadway ditches, provided that the spoil material is deposited
on a self-contained upland spoil site which will prevent the escape of the spoil material and return water into
wetlands or other surface waters. In the case of insect control structures, if the cost of using a self-contained upland
spoil site is too excessive as determined by the Department of Agriculture and Consumer Services, pursuant to
Section 403.088(1), F.S., that it will inhibit the proposed insect control, existing spoil sites or dikes may be used,
upon notification to the District. In the case of insect control where upland spoil sites are not used pursuant to this
exemption, turbidity control devices shall be used to confine the spoil material discharge to that area previously
disturbed when the receiving body of water is used as a potable water supply, is designated as approved,
conditionally approved, restricted or conditionally restricted waters for shellfish harvesting by the Department, or
functions as a habitat for commercially or recreationally important shellfish or finfish. In all cases, no more
dredging is to be performed than is necessary to restore the dike or irrigation or drainage ditch to its original design
specifications. This exemption shall apply to man-made trenches dug for the purpose of draining water from the
land or for transporting water for use on the land and which are not built for navigational purposes.
(k) The restoration of less than 100 feet in length of existing insect control impoundment dikes and the
connection of such impoundments to tidally influenced waters. Such impoundments shall be connected to tidally
influenced waters for at least six months each year, beginning September 1, and ending February 28. The
connection shall be of sufficient cross-sectional area to allow beneficial tidal influence. Restoration shall involve no

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more dredging than needed to restore the dike to original design specifications, and such that the final elevation of
the dredge area shall be within two feet of immediately adjacent bottom elevations. For the purposes of this
paragraph, restoration shall not include maintenance of impoundment dikes of insect control impoundments.
(l) The installation of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms
of wetlands or other surface waters, except in Class I and Class II waters and aquatic preserves, provided that no
dredging or filling is necessary.
(m) The replacement or repair of subaqueous transmission and distribution lines laid on or embedded in,
the bottoms of wetlands or other surface waters.
(n) The construction of seawalls or riprap in wetlands or other surface waters, where such construction is
between and adjoins at both ends existing seawalls or riprap, follows a continuous and uniform construction line
with the existing seawalls or riprap, is no more than 150 feet in length, and does not violate existing water quality
standards, impede navigation adversely or affect flood control. However, this shall not affect the permitting
requirements of Chapter 161, F.S. In estuaries and lagoons construction of vertical seawalls is limited to the
circumstances and purposes stated in Sections 373.414(5)(b)1. through 4., F.S.
(o) The replacement or repair of existing open-trestle foot bridges and vehicular bridges that are 100 feet
or less in length and two lanes or less in width, provided that no more dredging or filling in wetlands or other surface
waters is performed than that necessary to replace or repair pilings and that the structure to be replaced or repaired is
the same length, the same configuration, and in the same location as the original bridge. No debris from the original
bridge shall be allowed to remain in wetlands or other surface waters.
(10) The following activities shall not be required to obtain a permit under Chapter 40D-4, 40D-40, or 40D-400,
F.A.C.:
(a) Activities necessary to preserve, restore, repair, remove, or replace an existing communication or
power pole or line, provided that work does not involve dredge or fill activities other than the removal of the
existing structure and the installation of the new structure, and in the case of a power pole or line, the activity does
not increase the voltage of existing power lines. An activity does not qualify to use this exemption if it results in
relocation of an existing structure or facility more than ten feet in any direction from its original location, or if it
involves the construction of new power or telephone lines or the repair and replacement of existing structures that
require dredge or fill activities to provide access to the site.
(b) The installation, removal, and replacement of utility poles that support telephone or communication
cable lines, or electric distribution lines of 35kV or less, together with the bases and anchoring devices to support
those poles, as specified below. For the purpose of this exemption, "anchoring device" shall mean steel guy wires
fastened to the ground and "base" shall mean a concrete or steel foundation not exceeding four feet in radius, used to
support a utility pole. This exemption shall be subject to the following conditions:
1. No more than 15 utility poles may be installed, removed, or replaced in wetlands;
2. This exemption shall not apply in surface waters other than wetlands;
3. The temporary disturbance to wetlands shall be limited to a length of 0.5 miles, an aerial extent of
0.5 acre, and a width of 30 feet to access the site to actually install, remove, or replace the utility poles; thereafter,
maintenance of the utility right of way in wetlands shall be limited to a cleared corridor that does not exceed a total
width of 15 feet and a total area of 0.25 acre;
4. This exemption shall not apply in forested wetlands located within 550 feet from the mean or
ordinary high water line of a named waterbody that is designated as an Outstanding Florida Water or an Outstanding
National Resource Water, or to activities in any aquatic preserves;
5. There shall be no permanent placement of fill other than utility poles and anchoring devices;
6. There shall be no dredging or filling of fill pads or access roads except for temporary mats, which
may be used to access pole installation sites, and all temporary mats shall be removed within 30 days after the
installation, removal or replacement of the utility poles, associated bases, and anchoring devices;
7. The installation of the utility pole(s) and associated bases and anchoring devices shall not interfere
with navigation or impede water flow in wetlands;
8. Turbidity, sedimentation, and erosion shall be controlled during and after construction to prevent
violations of state water quality standards due to construction related activities;
9. Except for the permitted structures, pre-construction ground elevations and the contours of all
soils that are disturbed by construction activities, including vehicle ruts in wetlands, shall be restored within 30 days
of completion of the installation of the utility line or cable, and restored grades shall be stabilized within 72 hours
following completion of elevation and contour restoration to minimize erosion;
10. Vehicle usage in wetlands shall be conducted so as to minimize tire rutting and erosion impacts;

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11. Water jets shall not be used except for those which are a pre-engineered part of the pole, and
provided that the water for the jets is either recirculated on-site or is discharged in a self-contained upland disposal
site;
12. Vehicular access in wetlands shall be limited to existing roads, trails, rights-of-way or easements,
and to other previously disturbed corridors where they exist; and
13. The permittee shall provide an annual report to the District which summarizes the activities
conducted under this exemption for the period from January 1 to December 31 of each year, including: the acreage
of temporary impacts in wetlands resulting from the use of temporary mats and the clearing of wetland vegetation;
the extent of permanent impacts to wetlands including the number of poles and structures in wetlands and the
acreage of clearing in wetlands; the voltage of all electric lines that are installed; the number of times this exemption
is used; the specific location of each line that is installed (including the county, the section, township, and range, and
the identity of permanent landmarks such as roads and named wetlands and other surface waters within or adjacent
to the work location), and the number of times and locations where water jets are used.
(c) The installation of aids to navigation, including bridge fender piles, "No Wake" and similar regulatory
signs, and buoys associated with such aids, provided that the devices are marked in accordance with Section 327.40,
F.S.
(d) Maintenance of minor silvicultural surface water management systems as described in subsection 40D-
400.500(4), F.A.C., which were permitted under Part IV of Chapter 373, F.S., or were constructed prior to the
requirements for a permit under this part, provided such maintenance is conducted in accordance with the
performance standards set forth in subsection 40D-400.500(5), F.A.C.
(e) The construction or maintenance of culverted driveway or roadway crossings and bridges of artificial
waterways, subject to the following provisions:
1. This exemption shall apply only to wholly artificial, non-navigable drainage conveyances.
2. The construction project area shall not exceed one acre, and the construction shall be for a discrete
project that is not part of a larger plan of development which requires permitting under Chapters 40D-40 and 40D-
400, F.A.C., or this chapter.
3. The artificial waterway in existing condition shall not be more than four feet deep, measured from
the top of bank to the bottom of the artificial waterway.
4. The person performing the exempt activity shall ensure that the size and capacity of the culvert(s)
will be adequate to pass normal high water stages of the artificial waterway without causing adverse impacts to
upstream or downstream property, but the culvert(s) shall not be larger than one 24-inch diameter pipe, or its
equivalent; and in no instance shall the culvert(s) provide a smaller cross-sectional area or discharge capacity than
any upstream culvert.
5. The elevation of the culvert invert shall be at the existing bottom grade of the artificial waterway.
6. The length of the driveway or roadway crossing the waterway shall not exceed 30 feet from top of
bank to top of bank.
7. The top width of the driveway or roadway shall not exceed 20 feet, the toe-to-toe width shall not
exceed 40 feet, and side slopes shall be no steeper than three feet horizontal to one foot vertical.
8. Clean fill used for the crossing shall be obtained from an upland borrow pit or from a dredge site
that is in compliance with the regulatory requirements of Part IV, Chapter 373, F.S., either through a permit, or an
exemption.
9. There shall be no additional dredging, filling, or construction activities within the artificial
waterway or project area, except those directly involved in the construction or operation and maintenance of the
culverted crossing and those exempted from regulation under Part IV, Chapter 373, F.S.
10. All temporary fill in construction areas shall be removed and the area regraded to original
elevations and revegetated.
11. The person performing the exempt activity shall implement measures for erosion and pollution
control using best management practices, including turbidity curtains or similar devices and other site specific
practices, in strict adherence to the Florida Department of Transportation's "Standard Specifications for Road and
Bridge Construction," and Chapter 6 of the Department's "Florida Development Manual," to prevent violations of
state water quality standards. Temporary erosion controls shall be implemented prior to and during construction,
and permanent erosion control measures for all exposed soils shall be completed within seven calendar days of the
most recent construction activity.
12. Any spoil material from construction or maintenance shall be used or disposed of on an upland
portion of the property or shall be transported off-site and deposited on a self-contained upland spoil site that is in
compliance with the permitting requirements of Chapters 40D-4 and 40D-40, F.A.C., as applicable.

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13. If dewatering is performed, all temporary fill dikes and dewatering discharges shall be installed
and constructed so that no upstream flooding or impoundment occurs and to prevent siltation, erosion or turbid
discharges into waters of the State in violation of state water quality standards. Any temporary works shall be
completely removed, and all areas upstream and downstream from the crossing shall be restored to grades,
elevations and conditions which existed before the construction.
14. This exemption shall apply only to a maximum of two crossings on any total land area of property
with a minimum distance of 500 feet between crossings.
15. This exemption shall not apply to activities involving relocation or other alteration of all or part of
the artificial waterway, or construction for other than the proposed culvert crossing.
(f) Construction of freshwater fish attractors by Florida Fish and Wildlife Conservation Commission, U.S.
Forest Service, and county and municipal governments, provided that the material to be used shall be clean concrete,
rock, brush, logs, or trees, and shall be free of soils, preservatives, oil, grease, debris, litter, putrescible substances,
"white goods," asphalt material, tires, or other pollutants, and shall be firmly anchored to the bottom of the
waterbody. The size of an individual fish attractor shall not exceed 0.25 acre in area. The material shall be placed
so that the top of the fish attractor is at least three feet below the surface of the water at ordinary low water and shall
be outside any posted navigational channels. No fish attractor material shall be placed on or in areas vegetated by
native aquatic vegetation. The site shall be marked with a buoy or buoys to ensure that no material is deposited
outside of the site.
(g) Installation of piling support structures associated with water testing or monitoring equipment by the
Department or the Districts, provided that flow or navigation are not impeded.
(11) Surface Waters or Wetlands Created by Mosquito Control Activities. Construction, alteration, operation,
maintenance, removal, and abandonment of stormwater management systems, dams, impoundments, reservoirs,
appurtenant works, or works, in, on, or over lands that have become surface waters or wetlands solely because of
mosquito control activities undertaken as a part of a governmental mosquito control program, and which lands were
neither wetlands nor other surface water before such activities, shall be exempt from the provisions in this chapter
adopted by the District to implement Sections 373.414(1) through (6); 373.414(7), F.S., regarding any authority
granted pursuant to Sections 373.414, F.S. (1991); 373.414(8) and 373.414(10), F.S.
(12) Exemptions for Treatment or Disposal Systems.
(a) Alteration and maintenance of the following shall be exempt from the provisions in Chapter 40D-4,
F.A.C., implementing Sections 373.414(1) through (6), 373.414(8), and 373.414(10), F.S.; and Section 373.414(7),
F.S., regarding any authority to apply state water quality standards within any works, impoundments, reservoirs, and
other watercourses described in this subsection and any authority granted pursuant to Section 373.414, F.S. (1991):
1. Works, impoundments, reservoirs, and other watercourses constructed and operated solely for
wastewater treatment or disposal in accordance with a valid permit reviewed or issued under Rules 62-28.700, 62-
302.520 or Chapters 62-17, 62-600, 62-610, 62-640, 62-650, 62-660, 62-670, 62-671, 62-673, 62-701, F.A.C., or
Section 403.0885, F.S., or rules implementing Section 403.0885, F.S., except for treatment wetlands or receiving
wetlands permitted to receive wastewater pursuant to Chapter 62-611, F.A.C., or Section 403.0885, F.S., or its
implementing rules.
2. Works, impoundments, reservoirs, and other watercourses constructed solely for wastewater
treatment or disposal before a construction permit was required under Chapter 403, F.S., and operated solely for
wastewater treatment or disposal in accordance with a valid permit reviewed or issued under Rules 62-28.700, 62-
302.520, or Chapter 62-17, 62-600, 62-610, 62-640, 62-650, 62-660, 62-670, 62-671, 62-673, or 62-701, F.A.C., or
Section 403.0885, F.S., or rules implementing Section 403.0885, F.S., except for treatment wetlands or receiving
wetlands permitted to receive wastewater pursuant to Chapter 62-611, F.A.C., or Section 403.0885, F.S., or its
implementing rules.
3. Works, impoundments, reservoirs, and other watercourses of less than 0.5 acres in combined area
on a project-wide basis, constructed and operated solely for stormwater treatment in accordance with a noticed
exemption under Chapter 62-25, F.A.C., or a valid permit issued under Chapters 40D-4, 62-25 (excluding Rule 62-
25.042, F.A.C.), Chapter 62-330, F.A.C., except those permitted as wetland stormwater treatment systems.
4. Works, impoundments, reservoirs, and other watercourses of less than 0.5 acres in combined area
on a project-wide basis, constructed and operated solely for stormwater treatment before a permit being required
under Chapters 62-25, 40D-4, F.A.C.
(b) Alteration and maintenance of the following shall be exempt from the provisions in Chapter 40D-4,
F.A.C., adopted to implement Sections 373.414(1), 373.414(2)(a), 373.414(8), and 373.414(10), F.S.; and Sections
373.414(3) through (6), F.S.; and Section 373.414(7), F.S., regarding any authority to apply state water quality
standards within any works, impoundments, reservoirs, and other watercourses described in this subsection and any

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authority granted pursuant to Section 373.414, F.S. (1991), except for authority to protect threatened and endangered
species in isolated wetlands:
1. Works, impoundments, reservoirs, and other watercourses of 0.5 acre or greater in combined area
on a project-wide basis, constructed and operated solely for stormwater treatment in accordance with a noticed
exemption under Chapter 62-25, F.A.C., or a valid permit issued under Chapters 40D-4, 62-25 (excluding Rule 62-
25.042, F.A.C.), Chapter 62-330, F.A.C., except those permitted as wetland stormwater treatment systems.
2. Works, impoundments, reservoirs, and other watercourses of 0.5 acres or greater in combined area
on a project-wide basis, constructed and operated solely for stormwater treatment before a permit was required
under Chapters 40D-4, 62-25, F.A.C.
(c) The exemptions in paragraphs (a) and (b) above shall not apply to works, impoundments, reservoirs or
other watercourses that are:
1. Currently wetlands which existed before construction of the stormwater treatment system and
were incorporated in it;
2. Being altered through expansion into wetlands or other surface waters; or
3. Wetlands created, enhanced or restored as mitigation for wetland or surface water impacts under a
permit issued by the Department or the District.
(d) Alterations and maintenance of works, impoundments, reservoirs and other watercourses exempt under
this subsection shall not be considered in determining whether the wetland permitting thresholds in Chapters 40D-4
or 40D-40, F.A.C., are met or exceeded.
(e) Works, impoundments, reservoirs and other watercourses exempt under this subsection, other than
isolated wetlands in systems described in paragraph (b) above, shall not be delineated under Section 373.421, F.S.
(f) This exemption shall not affect the application of state water quality standards, including those
applicable to Outstanding Florida Waters, at the point of discharge to waters as defined in Section 403.031(13), F.S.
(g) As used in this subsection, "solely for" means the reason for which a work, impoundment, reservoir, or
other watercourse is constructed and operated, and such construction and operation would not have occurred but for
the purposes identified in paragraphs (a) and (b) above. Furthermore, the phrase does not refer to a work,
impoundment, reservoir, or other watercourse constructed or operated for multiple purposes. Uses, such as
occasional recreational uses, will not render the exemption inapplicable, so long as the incidental uses are not part of
the original planned purpose of the work, impoundment, reservoir or other watercourse. However, for those works,
impoundments, reservoirs, or other watercourses described in subparagraphs (a)3. and (b)1., use of the system for
flood attenuation, whether originally planned or unplanned, shall be considered an incidental use so long as the
works, impoundments, reservoirs, and other watercourses are no more than two acres larger than the minimum area
required to comply with the applicable stormwater treatment requirements of Chapters 62-25, 62-330, 40D-4, F.A.C.
For the purposes of this subsection, reuse from a work, impoundment, reservoir, or other watercourse, is part of
treatment or disposal.
(13) Minor Roadway Safety Projects. The construction of the following minor roadway safety projects,
provided that the capacity of existing swales, ditches or other stormwater management systems is not reduced; the
projects are not located within wetlands or other surface waters; and the projects include best management practices
during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion and
sedimentation:
(a) Sidewalks adjacent to roadways that have a width of six feet or less and do not obstruct or impound
surface waters;
(b) Turnlanes less than 0.25 mile in length and other intersection improvements; and
(c) Road widening and shoulder paving projects which do not result in the creation of additional traffic
lanes.
(14) Recreational Paths. Recreational paths adjacent to roadways, provided that the recreational paths are not
located within wetlands or other surface waters; do not obstruct or impound surface waters; best management
practices are used during construction to prevent secondary impacts in adjacent wetlands or other surface waters due
to erosion or sedimentation; do not exceed eight feet in width for unidirectional paths and 12 feet in width for
bidirectional paths; and do not allow motorized vehicles powered by internal combustion engines except for
maintenance and emergency vehicles.
(15) The performance of activities pursuant to the provisions of the exemptions described above does not relieve
the person or persons who are using the exemption or who are constructing or otherwise implementing the activity
from meeting the permitting or performance requirements of other District rules.

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Specific Authority 373.044, 373.113, 373.149, 373.171, 373.414(9), F.S. Law Implemented 373.406, 373.413,
373.414(9), 373.416, F.S. History – Readopted 10-5-74, Formerly 16J-4.05, Amended 10-1-84, 10-1-86, 3-1-88, 1-
24-90, 10-3-95, 4-18-01, 5-17-01, 4-9-02, 2-19-04, 6-30-05, 11-26-07, 9-29-08.

40D-4.052 Request for Exemption.


(Reserved)

40D-4.053 Conditions for Exemptions.


The exemption for phosphate mining and related activities provided in subsection 40D-4.051(4), F.A.C., is
subject to the following conditions:
(1) Activities associated with mining operations as defined by and subject to Sections 378.201 through
378.212, F.S., and included in a conceptual reclamation plan or modification application submitted prior to July 1,
1996, shall continue to be exempt under subsection 40D-4.051(4), F.A.C.
(2) The operator shall certify to the District prior to mining, with existing mines certifying by January 1, 1987,
and provide sufficient information to demonstrate that all facilities are and will be designed, constructed and
operated to avoid damage to off-site property or the public caused by:
1. Floodplain development, encroachment or other alteration,
2. Retardance, acceleration or diversion of flowing water,
3. Reduction of natural water storage areas,
4. Excessive discharge or facility failure, or
5. Other activities adversely impacting off-site water flows or levels.
(3) The operator shall submit to the District a copy of each Annual Report submitted to the Department of
Environmental Protection in accordance with Rule 62C-16.0091, F.A.C.
(4) For mines that have already received a permit under the rules of the Department of Environmental
Protection adopted pursuant to Sections 403.91 through 403.929, 1984 Supplement to the Florida Statutes 1983, the
operator shall provide documentation of such permit to the District. For mines that qualify under the provision of
Section 373.414(15), F.S., the operator shall submit to the District a copy of the application for a permit required
under Section 373.414(15) and Sections 403.91 through 403.929, 1984 Supplement to the Florida Statutes 1983,
concurrent with the submittal of any such application made to the Department of Environmental Protection in
accordance with the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and
Aquaculture General Permits Under Section 403.814, F.S., Between Southwest Florida Water Management District
and Department of Environmental Protection, dated October 27, 1998, adopted by reference in Rule 40D-4.091,
F.A.C., and shall fulfill the requirements of subsection 40D-4.053(2), F.A.C., that apply to such application prior to
issuance by the Department of Environmental Protection of its proposed agency action.
(5) The location of any existing point of discharge authorized in a previous permit issued by the Department of
Environmental Regulation, the Department of Environmental Protection, or the District shall not be changed, and
the volume and frequency of such discharge shall not be exceeded.
(6) Natural drainage from off-site up gradient areas shall not be interrupted so as to cause damage to off-site
property or the public, and natural drainage patterns on undisturbed lands shall be maintained to the maximum
extent achievable without adversely altering the time, stage, volume and point or manner of discharge or dispersion.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.406, 373.413, F.S. History –
New 10-1-86, Amended 2-19-04.

40D-4.054 Alteration of Exempt Projects.


A permit may be required for alteration of a previously exempt surface water management system.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.406, 373.413, F.S. History – New 10-1-84.

40D-4.091 Publications, Forms and Agreements Incorporated by Reference.


The following documents are hereby incorporated by reference and are applicable to this chapter and Chapters
40D-40 and 40D-400, F.A.C.:
(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource
Permit Applications within the Southwest Florida Water Management District, December 9, 2009. This document is
available from the District’s website at www.watermatters.org. or from the District upon request.

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(2) Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Southwest
Florida Water Management District and Department of Environmental Protection, dated July 1, 2007. This
document is available from the District’s website at www.watermatters.org or from the District upon request.
(3) Chapter 62-344, F.A.C., Delegation of Environmental Resource Program to Local Governments
(8/29/1995), available from the Florida Department of Environmental Protection at 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400.
(4) Memorandum of Understanding Between the Southwest Florida Water Management District and the
Environmental Protection Commission of Hillsborough County Regarding Coordination of Regulatory Activities,
dated October 19, 2005, available from the District upon request.
(5) Operating Agreement Between the U.S. Army Corps of Engineers and the Southwest Florida Water
Management District (SWFWMD) Located within the Geographical Limits of the SWFWMD in Florida, Pursuant
to Programmatic General Permit (PGP) PGP-SAJ-95, effective March 24, 2008, available from the District upon
request.
(6) Mitigation Bank Form Documents. The following forms are incorporated herein by reference and are
available from the District’s website at www.watermatters.org or from the District upon request:
(a) Mitigation Bank Performance Bond to Demonstrate Construction and Implementation Financial
Assurance, Form MB/PB (4/09);
(b) Mitigation Bank Irrevocable Letter of Credit to Demonstrate Construction and Implementation
Financial Assurance, Form MB/ILC (4/09);
(c) Mitigation Bank Trust Fund Agreement to Demonstrate Construction and Implementation Financial
Assurance, Form MB/CIFA (4/09); and
(d) Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial
Responsibility, Form MB/PMFA (4/09).

Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414, F.S. Law Implemented 373.0361,
373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416,
373.429, 373.441, F.S. History – New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-
95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-
27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-
07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09, 8-30-09, 11-2-09, 11-3-09, 12-9-09.

40D-4.101 Content of Application.


(1) Applications for Environmental Resource Permits required by this chapter shall be filed with the District in
accordance with the requirements of this chapter and Chapter 40D-1, F.A.C. The application shall consist of:
(a) The information required in subsection 373.413(2), F.S.;
(b) Five copies of the Joint Application for Environmental Resource Permit/Authorization to Use State
Owned Submerged Lands/Federal Dredge and Fill Permit, Form No. 547.27/ERP (4/09), incorporated herein by
reference, with applicable supplements, sections A through K, copies of which can be obtained from the District’s
website at www.watermatters.org or from the District offices;
(c) Five copies of drawings, calculations, environmental and construction information, and engineering
details sufficient to define the nature, scope, intent and functioning of the work proposed;
(d) The appropriate fee as specified in Chapter 40D-1, F.A.C.; and
(e) Such other information as is reasonably necessary to determine that the surface water management
system meets the conditions of this chapter.
(2) The application must be signed by the owner or the owner's authorized agent. Applications signed by an
agent must contain a letter of authorization which is signed by the owner.
(3) Notwithstanding the provisions of subsection (2), persons authorized by entities with the power of eminent
domain may sign the application in lieu of the owner when applying on behalf of the entity and notice to the
property owner(s) is provided pursuant to subsection 40D-1.603(9), F.A.C.
(4) A complete application for an individual Environmental Resource Permit shall also constitute an
application for certification of compliance with state water quality standards where necessary pursuant to Section
401, Public Law 92-500, 33 USC Section 1341. Issuance of the permit shall constitute certification of compliance
with water quality standards unless the permit is issued pursuant to the net improvement provision of Section
373.414(1)(b), F.S., or the permit specifically states otherwise.

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(5) If the permit application involves activities located in, on, or over wetlands or other surface waters, then,
within three business days of receipt of the application, the District shall forward a copy to the appropriate office of
the U.S. Army Corps of Engineers unless specifically authorized by the Corps to do otherwise.
(6) If the application involves activities located in, on, or over wetlands or other surface waters the District
shall forward a copy of the notice of application to and request comments from:
(a) The Florida Fish and Wildlife Conservation Commission; and
(b) The Florida Department of State, Division of Historical Resources.

Rulemaking Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.042, 373.413, F.S. History –
Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-84, 3-1-88, 10-3-95, 10-
16-96, 12-16-97, 2-27-03, 9-10-08, 8-30-09.

40D-4.111 Notice of Application Form.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416, 373.426, F.S. History –
Readopted 10-5-74, Amended 10-24-76, Formerly 16J-4.071, Repealed 10-1-84.

40D-4.121 Notice and Hearing Requirements.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416, 373.426, F.S.
History – Readopted 10-5-74, Formerly 16J-4.072, 16J-4.074, Amended 10-21-80, Repealed 10-1-84.

40D-4.131 Times for Receiving Objections and for Hearing.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416, 373.426, F.S. History –
Readopted 10-5-74, Formerly 16J-4.073, Amended 10-21-80, Repealed 10-1-84.

40D-4.201 Permit Processing Fee.


A permit processing fee shall be paid to the District at the time a permit application is filed in the amount
prescribed in the schedule set forth in Chapter 40D-1, F.A.C.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.109, F.S. History – Readopted 10-5-74,
Formerly 16J-4.061, Amended 10-3-95.

40D-4.301 Conditions for Issuance of Permits.


(1) In order to obtain a general, individual, or conceptual permit under this chapter or Chapter 40D-40, F.A.C.,
an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or
abandonment of a surface water management system:
(a) Will not cause adverse water quantity impacts to receiving waters and adjacent lands;
(b) Will not cause adverse flooding to on-site or off-site property;
(c) Will not cause adverse impacts to existing surface water storage and conveyance capabilities;
(d) Will not adversely impact the value of functions provided to fish and wildlife, and listed species
including aquatic and wetland dependent species, by wetlands, other surface waters and other water related
resources of the District;
(e) Will not adversely affect the quality of receiving waters such that the water quality standards set forth
in Chapters 62-4, 62-302, 62-520, 62-522 and 62-550, F.A.C., including any antidegradation provisions of
paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special
standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-
4.242(2) and (3), F.A.C., will be violated;
(f) Will not cause adverse secondary impacts to the water resources;
(g) Will not adversely impact the maintenance of surface or ground water levels or surface water flows
established pursuant to Chapter 373.042, F.S.;
(h) Will not cause adverse impacts to a work of the District established pursuant to Section 373.086, F.S.;
(i) Is capable, based on generally accepted engineering and scientific principles, of being effectively
performed and of functioning as proposed;

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(j) Will be conducted by an entity with financial, legal and administrative capability of ensuring that the
activity will be undertaken in accordance with the terms and conditions of the permit, if issued; and
(k) Will comply with any applicable special basin or geographic area criteria established pursuant to this
chapter.
(2) If the applicant is unable to meet water quality standards because existing ambient water quality does not
meet standards, the applicant shall comply with the requirements set forth in Section 3.2.4.5 of the Basis of Review.
(3) The standards and criteria contained in the Basis of Review, adopted by reference in Rule 40D-4.091,
F.A.C., shall determine whether the reasonable assurances required by subsection 40D-4.301(1) and Rule 40D-
4.302, F.A.C., have been provided.
(4) An activity which requires both an Environmental Resource Permit, or a permit under subsections
373.414(11) through (16), F.S., and a proprietary authorization under Chapter 253 or 258, F.S., shall be subject to
the requirements and procedures in Section 373.427, F.S., Chapters 18-20 and 18-21, F.A.C., and Rules 62-312.065
and 62-343.075, F.A.C.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.042, 373.403, 373.413,
373.416, 373.426, 373.427, F.S. History – Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(3),
(4), (5), (6), (8), Amended 10-1-84, 6-2-85, 4-2-87, 3-1-88, 10-3-95, 10-16-96, 9-26-02.

40D-4.302 Additional Conditions for Issuance of Permits.


(1) In addition to the conditions set forth in Rule 40D-4.301, F.A.C., in order to obtain a general, individual, or
conceptual permit under this chapter an applicant must provide reasonable assurance that the construction,
alteration, operation, maintenance, removal, and abandonment of a system:
(a) Located in, on, or over wetlands or other surface waters as delineated pursuant to the methodology
authorized by Section 373.421(1), F.S., will not be contrary to the public interest, or if such an activity significantly
degrades or is within an Outstanding Florida Water, that the activity will be clearly in the public interest, as
determined by balancing the following criteria as set forth in subsections 3.2.3 through 3.2.3.7 of the Basis of
Review, adopted by reference in Rule 40D-4.091, F.A.C.
1. Whether the activity will adversely affect the public health, safety, or welfare or the property of
others;
2. Whether the activity will adversely affect the conservation of fish and wildlife, including
endangered or threatened species, or their habitats;
3. Whether the activity will adversely affect navigation or the flow of water or cause harmful erosion
or shoaling;
4. Whether the activity will adversely affect the fishing or recreational values or marine productivity
in the vicinity of the activity;
5. Whether the activity will be of a temporary or permanent nature;
6. Whether the activity will adversely affect or will enhance significant historical and archaeological
resources under the provisions of Section 267.061, F.S.; and
7. The current condition and relative value of functions being performed by areas affected by the
proposed activity.
(b) Will not cause unacceptable cumulative impacts upon wetlands and other surface waters, as set forth in
subsections 3.2.8 through 3.2.8.2 of the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C.
(c) Located in, adjacent to or in close proximity to Class II waters or located in Class II waters or Class III
waters classified as approved, restricted or conditionally restricted for shellfish harvesting pursuant to Chapter 62R-
7, F.A.C., will comply with the additional criteria in subsection 3.2.5 of the Basis of Review, adopted by reference
in Rule 40D-4.091, F.A.C.
(d) Which constitute vertical seawalls in estuaries or lagoons, will comply with the additional criteria
provided in subsection 3.2.6 of the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C.
(2) The District shall take into consideration a permit applicant's violation of any Department rules adopted
pursuant to Sections 403.91 through 403.929, F.S. (1984 Supp.), as amended, which the District had the
responsibility to enforce pursuant to delegation or any District rules adopted pursuant to Part IV, Chapter 373, F.S.,
relating to any other project or activity and efforts taken by the applicant to resolve these violations, when
determining whether the applicant has provided reasonable assurance that District permitting standards will be met.

Specific Authority 373.016, 373.044, 373.113, 373.171, F.S. Law Implemented 373.016, 373.042, 373.409,
373.413, 373.414, 373.416, 373.426, F.S. History – New 10-3-95, Amended 9-26-02, 2-19-04, 6-30-05.

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40D-4.311 Variances.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.414(17), 403.201, F.S. History – New
10-3-95, Repealed 7-2-98.

40D-4.321 Duration of Permit.


(1) Unless revoked, extended, or otherwise modified, the duration of an Environmental Resource Permit issued
pursuant to this chapter is:
(a) Five years from the date of issuance or the date specified as a condition of the permit for a conceptual
permit, unless within that period an application for a construction permit is approved for any portion of the project.
If an application for a construction permit is approved, then the conceptual permit remains valid for the term of the
construction permit. Multiple construction permits may be approved for projects approved by a conceptual permit,
and the latest date calculated from any related construction permit will determine the duration of the conceptual
permit. Conceptual permits that have no construction permit approved for a period of five years shall expire
automatically at the end of the five-year period. A construction permit that constitutes a substantial modification of
the conceptual permit shall not extend the duration of the conceptual permit. For the purposes of this section, the
term "substantial modification" shall mean a modification that is reasonably expected to lead to substantially
different water resource or environmental impacts and requires a detailed review. A construction permit that
constitutes a substantial modification of the conceptual permit must comply with the same criteria as new
applications.
(b) Five years from the date of issuance for a construction permit, including a mitigation bank construction
permit, to the completion of construction and submittal of the Statement of Completion and Request for Transfer to
Operation Entity and supporting as-built documents, as required pursuant to this chapter. If at the end of five years
construction is ongoing in compliance with the permit requirements, the construction permit duration will
automatically be continued for up to six months, provided within the continued duration all construction of the
system shall be completed and statement of completion documents shall be submitted to the District.
(c) Perpetual from the date of issuance for an operation permit issued under Chapter 373, F.S.
(d) Five years from the date of issuance for a conceptual permit for a mitigation bank.
(e) Five years from the date of issuance for a site conditions assessment permit.
(2) Permits expire automatically at the end of their duration as described herein unless modified pursuant to
Rule 40D-4.331, F.A.C.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.413, 373.416, F.S. History – New 10-1-84,
Amended 3-1-88, 10-3-95, 7-23-96, 1-8-08.

40D-4.331 Modification of Permits.


An application for modification of an Environmental Resource Permit shall be processed in accordance
with this rule, unless the permit is revoked or expired.
(1) Applications to modify a conceptual permit shall be made and reviewed:
(a) For an alteration of the design of the surface water management system, in accordance with the
same criteria as new applications pursuant to Rules 40D-4.101, 40D-4.301, and 40D-4.302, F.A.C.;
(b) For construction authorization of a project phase, in accordance with Chapter 40D-40, F.A.C., if
the project phase satisfies the requirements of Rules 40D-40.112 and 40D-40.302, F.A.C.; or
(c) For construction authorization of a project phase which does not satisfy the requirements of
paragraph (b), in the manner of an individual permit and using the criteria applicable to the conceptual permit; or
(d) In accordance with subsection (2)(b) or (3) below.
(2) Applications to modify a construction permit shall be made by formal or Short Form modification:
(a) Formal modifications
1. Except for those projects meeting the criteria for Short Form modifications in subsection (b),
an alteration of the design of the surface water management system shall be reviewed in accordance with the same
criteria as new applications pursuant to Rules 40D-4.101, 40D-4.301 and 40D-4.302, F.A.C. Application for a
formal modification of an Environmental Resource Permit shall be made using the same forms as are used for initial
permit applications and which are incorporated by reference in paragraph 40D-4.101(1)(b), F.A.C.
2. A request for modification involving construction within an outparcel of a permitted
commercial or industrial development should be made using the General Environmental Resource Permit (ERP)

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Application for Modification Related to Outparcel Construction Within Permitted Commercial/Industrial Projects,
Form No. LEG-R.001.01 (4/09), incorporated herein by reference. A copy of the form can be obtained from the
District’s website at www.watermatters.org or from the District offices.
3. A request to transfer an independently functioning portion of a permitted system to operation
phase shall include an application for formal modification of the construction permit to identify the constructed
phase separate from the remaining unconstructed project.
(b) Except for projects identified in paragraph (2)(a), applications to modify a permit may be made by
submittal of an "Environmental Resource Permit Modification Short Form," Form No. LEG-R.013.01 (4/09)
incorporated herein by reference, a copy of which can be obtained from the District’s website at
www.watermatters.org or from District offices, provided the requested modification does not:
1. Substantially alter the permit authorization,
2. Increase the authorized off-site discharge,
3. Impact the environmental features of the project,
4. Decrease the required retention/detention,
5. Decrease the required flood control elevations for roads or buildings, or
6. Decrease pollution removal efficiency.

(3) Applications for modification of a site conditions assessment permit shall be made by formal application
and reviewed using the same criteria as new applications:
(a) For contiguous expansion or other adjustment of the project area,
(b) For additional permitted conditions,
(c) For any extension of a current permit, or
(d) For conversion to a Chapter 40D-4 or 40D-40, F.A.C., construction permit application, except that the
permitted site conditions shall remain as permitted.
(4) Application for permit modification to extend the existing permit duration of a construction permit or
conceptual permit should be made using the "Environmental Resource Permit Modification Short Form." Such
requests shall be submitted no sooner than 180 days prior to the permit expiration date.
(a) A modification seeking extension of a construction permit will be granted if it is reasonably assured by
the applicant and determined that the proposed construction will be in compliance with the District's rules in effect
at the time the application for modification to extend is filed.
(b) A conceptual permit or site conditions assessment permit may be extended if the permit complies with
the same criteria as new applications.
(c) Each modification to extend will be granted for a duration as needed, up to five years.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416(1), 373.429,
F.S. History – Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 3-1-88, 10-1-88, 6-29-93, 10-3-95, 7-23-
96, 2-1-05, 2-6-07, 12-24-07, 1-8-08, 5-12-08, 8-30-09.

40D-4.341 Revocation and Cancellation of Permits.


(1) The Governing Board may modify or revoke a permit at any time after notice and hearing if it determines
that a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works has become a
danger to the public health or safety or if its operation has become inconsistent with the objectives of the District or
is in violation of any rule or order of the District, or the conditions of the permit.
(2) The District may administratively cancel a permit upon the request of the permittee or permittee's
authorized agent, and confirmation by the District that no activity has taken place under the permit.

Specific Authority 373.016, 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.429, 373.430(1), F.S.
History – Readopted 10-5-74, Formerly 16J-4.13, Amended 10-1-84, 7-2-98, 2-1-05.

40D-4.351 Transfer of Permits.


(1) Transfer of Ownership.
(a) A permittee shall notify the District within 30 days of any sale, conveyance or any other transfer for a
permitted surface water management system or the real property at which the system is located. Submittal of a
completed “Notification and Request for Transfer of Environmental Resource Permit,” Form No. LEG-R.043.00
(4/09), incorporated herein by reference is required. The form can be obtained from the District’s website at
www.watermatters.org or from District offices.

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(b) The District will transfer the surface water management system construction permit or operation and
maintenance permit provided the land use remains the same.
(c) The permittee transferring the permit shall continue to remain liable for any corrective actions that may
be required as a result of any permit violations prior to such sale, conveyance or other transfer.
(d) A Formal Determination of Wetlands and Other Surface Waters issued pursuant to Rule 40D-4.042,
F.A.C., to a real property owner or other person who has a legal or equitable interest in real property may be
transferred to a successor in interest to the party who originally petitioned for the determination. Such transfer shall
be subject to the existing terms and conditions of the original determination.
(2) Conversion to Operation Phase.
(a) In order to convert an Environmental Resource Permit from the construction phase to the operational
phase, the permittee shall submit the following:
1. A completed Statement of Completion and Request for Transfer to Operation Entity, Form
547.27/SOC (4/09), incorporated herein by reference, copies of which can be obtained from the District website at
www.watermatters.org or from the District offices; and
2. Documentary evidence of satisfaction of permit conditions, other than long-term monitoring.
(b) A conversion to the operational phase shall not occur until a responsible entity meeting the
requirements in the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C., has been established to
operate and maintain the system. The entity must be provided with sufficient ownership, legal or equitable interest
so that it has control over all water management facilities authorized by the permit.
(c) Within 45 days of receiving a complete request to convert a construction permit to its operation
phase and to transfer the permit to the operation and maintenance entity, the District shall approve the request or
notify the permittee that deficiencies in the permitted facility, system or activity, must be corrected prior to
conversion and transfer. Within 45 days of receipt of notification from the permittee that all deficiencies have been
corrected and of verification of such by the District, the District will convert the construction permit to its operation
phase and transfer the permit to the operation and maintenance entity. If the District fails to take action to convert or
transfer the permit within this time period, the conversion and transfer shall be deemed approved.
(d) A request to transfer a portion of a permitted system to operation phase shall include a
demonstration by the applicant that the constructed portion of the system is capable of functioning independently in
compliance with all conditions for permit issuance. Such a request shall be accompanied by a formal application to
modify the existing construction permit to identify the constructed phase separate from the remaining unconstructed
project. The 45 day time period allowed to convert a construction permit to operation phase shall not commence
until the formal modification of the construction permit is issued.
(3) Operation Phase Inspection Requirements. Permittees required to conduct and report on periodic
inspection of the permitted system shall submit a Statement of Inspection for Proper Operation and Maintenance,
Form No. LEG-R.044.00 (4/09), incorporated herein by reference. Copies of the form can be obtained from the
District’s website at www.watermatters.org or District offices.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2), 403.805, FS. History - New
10-1-84, Amended 6-29-93, 10-3-95, 7-22-03, 2-1-05, 5-4-05, 12-24-07, 8-30-09.

40D-4.381 General Conditions.


(1) The following general conditions shall be a part of all permits issued pursuant to this chapter and Chapter
40D-40, F.A.C.
(a) All activities shall be implemented as set forth in the plans, specifications and performance criteria as
approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity
shall constitute a violation of this permit.
(b) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications,
shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work
site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to
commencement of the activity authorized by this permit.
(c) Activities approved by this permit shall be conducted in a manner which does not cause violations of
state water quality standards. The permittee shall implement best management practices for erosion and pollution
control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior
to and during construction, and permanent control measures shall be completed within seven days of any
construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of
transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall

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INDIVIDUAL
December 9, 2009 ENVIRONMENTAL RESOURCE PERMITS Chapter 4

remain in place at all locations until construction is completed and soils are stabilized and vegetation has been
established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct
any erosion or shoaling that causes adverse impacts to the water resources.
(d) Water quality data for the water discharged from the permittee's property or into the surface waters of
the state shall be submitted to the District as required by the permit. Analyses shall be performed according to
procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the
American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S.
Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on
volumes of water discharged, including total volume discharged during the days of sampling and total monthly
volume discharged from the property or into surface waters of the state.
(e) District staff must be notified in advance of any proposed construction dewatering. If the dewatering
activity is likely to result in off-site discharge or sediment transport into wetlands or surface waters, a written
dewatering plan must either have been submitted and approved with the permit application or submitted to the
District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior
to any use exceeding the thresholds in Chapter 40D-2, F.A.C.
(f) Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as
practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no
case more than seven days after the construction activity in that portion of the site has temporarily or permanently
ceased.
(g) Off-site discharges during construction and development shall be made only through the facilities
authorized by this permit. Water discharged from the project shall be through structures having a mechanism
suitable for regulating upstream stages.
(h) The permittee shall complete, at a minimum, construction of all aspects of the surface water
management system, including compensation for impacts to wetlands or other surface waters, compensation for
floodplain encroachment or loss of historic basic storage, water quality treatment features, and discharge control
facilities prior to beneficial occupancy or use of the development being served by this system and prior to transfer of
responsibility for operation and maintenance of the system to a local government or other responsible entity.
(i) The following shall be abandoned or removed:
1. Any existing wells in the path of construction shall be properly plugged and abandoned by a
licensed well contractor.
2. Any existing septic tanks on-site shall be abandoned at the beginning of construction.
3. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.
(j) All surface water management systems shall be operated to conserve water in order to maintain
environmental quality and resource protection; to increase the efficiency of transport, application and use; to
decrease waste; to minimize unnatural runoff from the property; and to minimize dewatering of off-site property.
(k) At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall
submit to the District a written notification of commencement indicating the actual start date and the expected
completion date.
(l) Each phase or independent portion of the permitted system must be completed in accordance with the
permitted plans and permit conditions prior to conversion to operation phase and occupation of the site or operation
of site infrastructure located within the area served by that portion or phase of the system. Each phase or
independent portion of the system must be completed in accordance with the permitted plans and permit conditions
prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local
government or other responsible entity.
(m) Within 30 days after completion of construction of the permitted activity, the permittee shall submit a
written statement of completion and certification by a registered professional engineer or other appropriate
individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to
Operation Entity form adopted by reference in Rule 40D-4.351, F.A.C. Additionally, if deviation from the approved
drawings are discovered during the certification process the certification must be accompanied by a copy of the
approved permit drawings with deviations noted.
(n) This permit is valid only for the specific processes, operations and designs indicated on the approved
drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved
drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside
the approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a
modification has been applied for and approved pursuant to Rule 40D-4.331, F.A.C. Examples of substantial
deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

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December 9, 2009 ENVIRONMENTAL RESOURCE PERMITS Chapter 4

(o) The operation phase of this permit shall not become effective until the permittee has complied with the
requirements of the conditions in subsection (1) above, the District in accordance with subsections 2.6 through 2.6.3
of the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C., determines the system to be in compliance
with the permitted plans, and the entity approved by the District accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to the operation and maintenance entity approved by
the District until the operation phase of the permit becomes effective. Following inspection and approval of the
permitted system by the District, the permittee shall request transfer of the permit to the responsible operation and
maintenance entity approved by the District, if different from the permittee. Until the permit is transferred pursuant
to subsection 2.6.1 of the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C., the permittee shall be
liable for compliance with the terms of the permit.
(p) Should any other regulatory agency require changes to the permitted system, the District shall be
notified in writing of the changes prior to implementation so that a determination can be made whether a permit
modification is required.
(q) This permit does not eliminate the necessity to obtain any required federal, state, local and special
district authorizations including a determination of the proposed activities' compliance with the applicable
comprehensive plan prior to the start of any activity approved by this permit.
(r) This permit does not convey to the permittee or create in the permittee any property right, or any
interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or
controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter
40D-4 or 40D-40, F.A.C.
(s) The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by reason of the activities authorized by the permit or any use of the permitted system.
(t) Any delineation of the extent of a wetland or other surface water submitted as part of the permit
application, including plans or other supporting documentation, shall not be considered binding unless a specific
condition of this permit or a formal determination under Rule 40D-4.042, F.A.C., and subsections 3.4 through 3.4.6
of the Basis of Review, adopted by reference in Rule 40D-4.091, F.A.C.
(u) The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other
transfer of ownership or control of the permitted system or the real property at which the permitted system is
located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40D-4.351,
F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a
result of any permit violations prior to such sale, conveyance or other transfer.
(v) Upon reasonable notice to the permittee, District authorized staff with proper identification shall have
permission to enter, inspect, sample and test the system to insure conformity with District rules, regulations and
conditions of the permits.
(w) If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall
immediately notify the District and the Florida Department of State, Division of Historical Resources.
(x) The permittee shall immediately notify the District in writing of any previously submitted information
that is later discovered to be inaccurate.
(2) In addition to those general conditions set forth in subsection (1), the Governing Board, the Executive
Director or delegated District staff shall impose on any permit granted under this chapter and Chapter 40D-40,
F.A.C., such reasonable project-specific conditions as are necessary to assure that the permitted system will be
consistent with the overall objectives of the District and will not be harmful to the water resources of the District.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.042, 373.403, 373.409,
373.413, 373.414, 373.416, 373.426, F.S. History – Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-
4.06(7), 16J-4.11, 16J-4.10(3), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 10-11-01, 2-19-04, 12-24-07, 8-30-09.

40D-4.401 Identification Tags.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.413, 373.416, 373.426, F.S. History –
Readopted 10-5-74, Formerly 16J-4.062, Repealed 10-1-84.

40D-4.411 Completion Report.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.419, F.S. History – Readopted
10-5-74, Formerly 16J-4.08, Repealed 10-1-84.

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December 9, 2009 ENVIRONMENTAL RESOURCE PERMITS Chapter 4

40D-4.451 Emergency Authorization.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.439, F.S. History – Readopted
10-5-74, Amended 10-24-76, Formerly 16J-4.16, Amended 10-1-84, Transferred to 40D-1.1021.

40D-4.461 Inspection.
Inspection of permitted systems shall be conducted in accordance with Section 373.423, F.S.

Specific Authority 373.044, 373.149, 373.171, F.S. Law Implemented 373.423, F.S. History – Readopted 10-5-74,
Formerly 16J-4.09, Amended 10-1-84.

40D-4.471 Abatement and Abandonment of a System.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.433, F.S. History – Readopted
10-5-74, Amended 10-1-84, Formerly 16J-4.14, Amended 10-3-95, Repealed 7-2-98.

40D-4.481 Remedial and Emergency Measures.

Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.436, 373.439, F.S. History –
Readopted 10-5-74, Formerly 16J-4.15, 16J-4.17, Amended 10-1-84, Repealed 7-2-98.

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40D-5
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RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-5
ARTIFICIAL RECHARGE

40D-5.011 Policy and Purpose


40D-5.031 Implementation
40D-5.041 Permits Required
40D-5.051 Exemptions
40D-5.101 Content of Application

40D-5.011 Policy and Purpose.


Specific Authority 373.044, 373.113, F.S. Law Implemented 373.106(1) and (2), F.S. History –
New 7-17-84. Repealed 2-18-98.

40D-5.031 Implementation
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.106(1) and (2), F.S. History –
New 7-17-84. Repealed 2-18-98.

40D-5.041 Permits Required.


Specific Authority 373.044, 373.113, F.S. Law Implemented 373.106(1) and (2), F.S. History –
New 7-17-84. Repealed 2-18-98.

40D-5.051 Exemptions.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.106(1) and (2), F.S. History –
New 7-17-84. Repealed 2-18-98.

40D-5.101 Content of Application.


Specific Authority 373.044, 373.113, F.S. Law Implemented 373.106(1) and (2), F.S. History –
New 7-17-84. Repealed 2-18-98.

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40D-6
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-6
WORKS OF THE DISTRICT

40D-6.011 Policy and Purpose(Repealed)


40D-6.021 Definitions(Repealed)
40D-6.031 Implementation(Repealed)
40D-6.041 Permits Required(Repealed)
40D-6.051 Exemptions(Repealed)
40D-6.091 Encroachment Lines(Repealed)
40D-6.101 Content of Application(Repealed)
40D-6.121 Notice and Hearing Requirements (Repealed)
40D-6.201 Permit Processing Fee(Repealed)
40D-6.301 Conditions for Issuance of Permits(Repealed)
40D-6.321 Duration of Permits(Repealed)
40D-6.331 Modification of Permits(Repealed)
40D-6.341 Revocation of Permits (Repealed)
40D-6.411 Completion Report(Repealed)
40D-6.451 Emergency Authorization (Transferred)
40D-6.461 Inspection (Repealed)
40D-6.481 Remedial and Emergency Measures (Repealed)

40D-6.011 Policy and Purpose.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida.
Law Implemented 373.084, 373.085, 373.086, 373.087, F.S. History – Readopted 10-5-74,
Formerly 16J-1.001, 16J-1.01, Repealed 10-10-04.

40D-6.021 Definitions
Specific Authority 373.044, 373.113, 373.149, 371.171, F.S., 61-691, Laws of Florida.
Law Implemented 373.086, F.S. History – Readopted 10-5-74, Fomerly 16J-1.002, Repealed
10-10-04.

40D-6.031 Implementation.
Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 78-65, Laws of Florida.
Law Implemented 373.069, 373.084, 373.085, 373.086, 373.087, F.S. History – Readopted 10-
5-74, Amended 7-21-77, 10-16-78, Formerly 16J-1.003, 16J-1.03, Repealed 10-10-04.

40D-6.041 Permits Required.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida.
Law Implemented 373.084, 373.085, 373.086, 403.813, F.S. History – Readopted 10-5-74,
Amended 12-31-74, 8-2-78, Formerly 16J-1.05(1), Repealed 10-10-04.

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OCTOBER 2004 WORKS OF THE DISTRICT CHAPTER 6

40D-6.051 Exemptions.
Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.084,
373.085, 373.086, 403.813, F.S. History – Readopted 10-5-74, Amended 12-31-74, 8-2-78,
Formerly 16J-1.051(2), 10-26-00, Repealed 10-10-04.

40D-6.091 Encroachment Lines.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida.
Law Implemented 373.084, 373.085, 373.086, F.S. History – Readopted 10-5-74, Amended 8-
11-80, Formerly 16J-1.40, 16J-1.41, Repealed 10-10-04.

40D-6.101 Content of Application.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida.
Law Implemented 373.084, 373.085, 373.086, F.S. History – Readopted 10-5-74, Amended 12-
31-74, Formerly 16J-1.06(1), (2), Repealed 10-10-04.

40D-6.121 Notice and Hearing Requirements.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida. Law
Implemented 373.084, 373.085, 373.086, 373.103, F.S. History – Readopted 10-5-74, Formerly
16J-1.07, Repealed 10-1-84.

40D-6.201 Permit Processing Fee.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.109,
F.S. History – Readopted 10-5-74, Formerly 16J-1.061, 10-26-00, Repealed 10-10-04.

40D-6.301 Conditions for Issuance of Permits.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida.
Law Implemented 373.084, 373.085, 373.086, F.S. History – Readopted 10-5-74, Amended 12-
31-74, 8-11-80, Formerly 16J-1.06(3), (4), (5), Repealed 10-10-04.

40D-6.321 Duration of Permits.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., Law Implemented
373.084, 373.085, 373.086, 371.103, F.S. History – New 10-26-00, Repealed 10-10-04.

40D-6.331 Modification of Permits.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida.
Law Implemented 373.084, 373.085, 373.086, F.S. History – Readopted 10-5-74, Amended 12-
31-74, Formerly 16J-1.06(3), (4), (5), Amended 7-2-98, Repealed 10-10-04.

40D-6.341 Revocation of Permits.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida. Law
Implemented 373.084, 373.085, 373.086, 373.103, 373.429, F.S. History – Readopted 10-5-74,
Amended 12-31-74, Formerly 16J-1.11, Repealed 7-2-98.

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OCTOBER 2004 WORKS OF THE DISTRICT CHAPTER 6

40D-6.411 Completion Report.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S. Law Implemented 373.084,
373.085, 373.086, F.S. History – Readopted 10-5-74, Formerly 16J-1.10, 10-26-00, Repealed
10-10-04.

40D-6.451 Emergency Authorization.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida. Law
Implemented 373.084, 373.085, 373.103, F.S. History – Readopted 10-5-74, Amended 12-31-
74, 10-24-76, Formerly 16J-1.14 Transferred to 40D-1.1023.

40D-6.461 Inspection.
Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida. Law
Implemented 373.084, 373.085, 373.086, 373.103, F.S. History – Readopted 10-5-74, Formerly
16J-1.09, Repealed 7-2-98.

40D-6.481 Remedial Emergency Measures.


Specific Authority 373.044, 373.113, 373.149, 373.171, F.S., 61-691, Laws of Florida. Law
Implemented 373.084, 373.085, 373.086, 373.103, 373.439, F.S. History - Readopted 10-5-74,
Formerly 16J-1.13, 16J-1.15, Repealed 7-2-98.

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40D-8
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-8
WATER LEVELS AND RATES OF FLOW

40D-8.011 Policy and Purpose.


40D-8.021 Definitions.
40D-8.031 Implementation.
40D-8.041 Minimum Flows.
40D-8.603 Management Levels for Lakes and Other Impoundments. (Repealed)
40D-8.605 Cyclic Variations for Minimum Water Level. (Repealed)
40D-8.611 Minimum Flood Levels. (Repealed)
40D-8.613 Ten Year Flood Warning Levels. (Repealed)
40D-8.616 Posted Notice. (Repealed)
40D-8.621 Operating Levels for Lakes with District-Owned Management Structures.
40D-8.623 Minimum Wetland Levels.
40D-8.624 Guidance and Minimum Levels for Lakes.
40D-8.626 Minimum Aquifer Levels.

40D-8.011 Policy and Purpose.


(1) The purpose of Chapter 40D-8, F.A.C., is to establish Minimum Flows and Levels at specific
locations throughout the District pursuant to Sections 373.042 and 373.0421, F.S., to describe Guidance
Levels for lakes, and to describe how the Minimum Flows and Levels will be used by the District.
Minimum Flows and Levels are intended to prevent significant harm to the water resources or ecology of
the area as provided in Section 373.042, F.S. In those areas where the Long-term flow or water level is
below the Minimum Flow or Level the District will implement a recovery strategy which will be
contained within the District's Water Management Plan and, if required by law, portions or all shall be
adopted by rule.
(2) Where appropriate, Minimum Flows and Levels may reflect seasonal variations and may include
a schedule of variations and other measures appropriate for the protection of non-consumptive uses and
the water resources.
(3) A further purpose of Chapter 40D-8, F.A.C., is to establish Guidance Levels for surface waters
which are anticipated to occur on a somewhat regular basis, and which shall serve as a precautionary
warning to all persons who would propose to construct facilities which may be damaged by periodic high
or low water levels.
(4) Minimum Flows and Levels prescribed in Chapter 40D-8, F.A.C., are used in water resource
planning as one of the criteria in evaluating applications for water use permits under Chapter 40D-2,
F.A.C., and in the design, construction and management of surface water management systems as
specified in Rule 40D-8.031(3), F.A.C. The existence of a Minimum Flow or Level for a water body,
where that water body is proposed to be impacted by an activity that requires a permit under Chapter
40D-2, F.A.C., Consumptive Use Permitting, or Chapter 40D-4, F.A.C., Environmental Resource
Permits, does not override the applicability of all other permitting criteria nor alter the manner in which
the District evaluates compliance with permitting criteria, except to the extent that the MFL criteria is
supplemental to all other criteria.
(5) The Minimum Flows and Levels established in this Chapter 40D-8, F.A.C., are based on the best
information available at the time the Flow or Level was established. The best available information in
any particular case will vary in type, scope, duration, quantity and quality and may be less than optimally
desired. In addition, in many instances the establishment of a Minimum Flow or Level requires
development of methodologies that previously did not exist and so are applied for the first time in
establishing the Minimum Flow or Level. The District has many ongoing environmental monitoring and
data collection and analysis programs, and will develop additional programs over time. The District

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intends to coordinate with local governments, Tampa Bay Water, government-owned and privately-
owned utilities, environmental regulation agencies, Tampa Bay Estuary Program, public interest groups
and other affected and interested parties to design, create, and implement the program. Together with all
the parties' designated experts, a long-term independent scientific peer review shall be included in the
programs. These programs will supplement the District's available information upon which Minimum
Flows and Levels can be established and reviewed. These programs collectively provide information to
assist in 1) characterizing water regimes in wetland systems, and the relationships between and among
surficial features, the surficial aquifer, and the Floridan aquifer; and 2) evaluating the measures available
to prevent significant harm to the water resources and ecology, in addition to withdrawal management,
and the effectiveness of those measures. Therefore, to apprise the Governing Board of advancements
made under those programs, the District shall annually update the Governing Board regarding:
(a) The status of the water levels for those water bodies for which Minimum Flows or Levels
have been established; and
(b) Any additional information or methodologies, as appropriate, that could be applied to:
1. Assess established Minimum Flows or Levels; or,
2. Establish Minimum Flows or Levels for additional water bodies; or
3. Determine compliance with Minimum Flows or Levels.

Specific Authority 373.044, 373.113, 373.171, F.S. Laws Implemented, 373.042, 373.0421, 373.216,
373.219, 373.223, 373.413, 373.414, 373.416, F.S. History – New 6-7-78, Amended 1-22-79, Formerly
16J-8.01, Amended 8-7-00.

40D-8.021 Definitions.
The terms set forth herein shall have the meanings ascribed to them unless the context clearly
indicates otherwise, and such meanings shall apply throughout these rules. The terms defined in Rule
40D-1.102, F.A.C., shall also apply throughout Chapter 40D-8, F.A.C., and the terms defined in this 40D-
8.021, F.A.C., apply throughout the District rules except that where there is a conflict or a difference
between 40D-1.102, F.A.C., and this 40D-8.021, F.A.C., the definition in this Chapter 40D-8, F.A.C., will
control.
(1) “Control Point Elevation” means the elevation of the highest stable point along the outlet profile
of a surface water conveyance system that principally controls lake water level fluctuations.
(2) “Current” means a recent Long-term period during which Structural Alterations and hydrologic
stresses are stable.
(3) “Guidance Levels” means Levels, determined by the District using the best available information
and expressed in feet relative to National Geodetic Vertical Datum (of 1929), or in feet relative to the
North American Vertical Datum (of 1988), used as advisory information for the District, lake shore
residents and local governments, or to aid in the management or control of adjustable structures. For
lakes with levels adopted during or after August 7, 2000, Guidance Levels include: High Guidance
Level, and Low Guidance Level as explained in Rule 40D-8.624, F.A.C. For lakes with levels adopted
before August 7, 2000, Guidance Levels are the High Level, the Low Level, and, if adopted for the lake,
the Extreme Low Level.
(4) “Historic” means a Long-term period when there are no measurable impacts due to withdrawals
and Structural Alterations are similar to current conditions.
(5) “Hydrologic Indicators” means those biological and physical features, which are representative of
previous water levels as listed in Section 373.4211(20), F.S.
(6) “Long-term” means an evaluation period utilized to establish Minimum Flows and Levels, to
determine compliance with established Minimum Levels and to assess withdrawal impacts on established
Minimum Flows and Levels that represents a period which spans the range of hydrologic conditions
which can be expected to occur based upon historical records, ranging from high water levels to low
water levels. In the context of a predictive model simulation, a Long-term simulation will be insensitive
to temporal fluctuations in withdrawal rates and hydrologic conditions, so as to simulate steady-state

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

average conditions. In the context of an average water level, the average will be based upon the historic
expected range and frequency of levels. Relative to Minimum Flow establishment and Minimum Level
establishment and compliance, where there are six years or more of competent data, a minimum of a six
year evaluation period will be used, but the available data and reasonable scientific judgment will dictate
whether a longer period is used. Where there are less than six years of competent data, the period used
will be dictated by the available data and a determination, based on reasonable scientific judgment, that
the period is sufficiently representative of Long-term conditions.
(7) “Minimum Flow” means the flow for a surface watercourse at which further withdrawals would
be significantly harmful to the water resources or ecology of the area and which may provide for the
protection of non-consumptive uses (e.g., recreational, aesthetic, and navigation).
(8) “Minimum Lake Level” means the Long-term level of surface water, water table, or
potentiometric surface at which further withdrawals would be significantly harmful to the water resources
of the area and which may provide for the protection of non-consumptive uses (e.g., recreational,
aesthetic, and navigation). Such level shall be expressed as an elevation, in feet relative to National
Geodetic Vertical Datum (1929) or in feet relative to the North American Vertical Datum (1988) and
includes Minimum Wetland Levels, High Minimum Lake Levels, Minimum Lake Levels, and Salt Water
Intrusion Minimum Aquifer Levels.
(9) “Management Range” means, for those lakes with levels adopted during or after August 7, 2000,
the difference between the applicable Low Guidance Level and High Guidance Level which are explained
in Rule 40D-8.624, F.A.C. For lakes with levels adopted prior to August 7, 2000, Management Range
means the difference between the High Level and Low Level, or Extreme Low Level, if adopted for the
lake.
(10) “P10” means the percentile ranking represented by the elevation of the water surface of a lake or
wetland that is equaled or exceeded 10 percent of the time as determined from a Long-term stage
frequency analysis.
(11) “P50” means the percentile ranking represented by the elevation of the water surface of a lake or
wetland that is equaled or exceeded 50 percent of the time as determined from a Long-term stage
frequency analysis.
(12) “P90” means the percentile ranking represented by the elevation of the water surface of a lake or
wetland that is equaled or exceeded 90 percent of the time as determined from a Long-term stage
frequency analysis.
(13) “Reference Lake Water Regime 50” (RLWR 50) means the median value of the difference
between the P10 and P50 lake stages for all lakes with Historic data with similar hydrogeologic condition
as the lake of concern.
(14) "Reference Lake Water Regime 5090" (RLWR 5090) means the median value of the difference
between the P50 and P90 lake stages for all lakes with Historic data with similar hydrogeologic
conditions as the lake of concern.
(15) “Reference Lake Water Regime 90” (RLWR 90) means the median value of the difference
between P10 and P90 lake stages for all lakes with Historic data with similar hydrogeologic conditions as
the lake of concern.
(16) “Structural Alteration” means man's physical alteration of the control point of a lake or wetland
that affects water levels.
(17) “Structurally Altered” means a lake or wetland where the control point has been physically
altered by man such that water levels are affected.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042,
373.0421, 373.086, 373.216, 373.219, 373.223, 373.229, 373.413, 373.414, 373.416, FS. History – New
6-7-78, Amended 1-22-79, Formerly 16J-8.02, Amended 8-7-00, 1-8-04, 2-18-08.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

40D-8.031 Implementation.
(1) No Guidance Levels shall be prescribed for any reservoir or other artificial structure which is
located entirely within lands owned, leased, or otherwise controlled by the user, and which require water
only for filling, replenishing, and maintaining of the water level thereof, provided however:
(a) That Chapter 40D-2, F.A.C., shall apply to the use of water for such filling, replenishing, and
maintaining of the water level and
(b) That the High Guidance Level, determined pursuant to the procedures set forth in Rule 40D-
8.624, F.A.C., may be established for any lake determined by the Board to be in the public interest.
(2) No Guidance Levels shall be prescribed for Lake Manatee in Manatee County, Evers Reservoir in
Manatee County, the City of Tampa Reservoir on the Hillsborough River in Hillsborough County, and the
Peace River/Manasota Regional Water Supply Authority Reservoir in DeSoto County.
(3) New water use or surface water management activity shall not cause an existing water level or
flow to be reduced or suppressed below an established Minimum Flow or Level. The manner in which
the Minimum Flows and Levels established in this Chapter 40D-8, F.A.C., are implemented in the
District's Consumptive Use and Environmental Resource Permitting Programs is described in Rule 40D-
2.301, F.A.C., and Section 4.3 of the Basis of Review described in Rule 40D-2.091, F.A.C., and Sections
3.2.2.4, 4.6.1 and 4.6.2 of the Basis of Review described in Rule 40D-4.091, F.A.C.
(4) Where the actual flow or level of a water body is below the Minimum Flow or Level, pursuant to
Section 373.0421(2), F.S., the District shall expeditiously implement a recovery strategy with the intent to
achieve recovery to the established Minimum Flow and Level as soon as practicable. Where required by
law, the portion of the recovery strategy containing criteria that must be met by permittees and applicants
under Chapters 40D-2 and 40D-4, F.A.C., shall be adopted by rule. The entire recovery strategy shall be
contained in the District's applicable Regional Water Supply Plan for the area, and the District's Water
Management Plan.
(5) Establishment of a Minimum Flow or Level shall not be deemed to supercede or replace any
other permitting criteria unless specifically provided for by such permitting criteria nor to be a
determination by the Governing Board that any quantity above the established Minimum Flow or Level is
available for allocation to consumptive uses. For example, the District may by regulation or order reserve
such quantities as it deems necessary pursuant to Section 373.223(3), F.S.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.042, 373.0421, 373.216,
373.219, 373.223, 373.413, 373.414, 373.416, F.S. History – New 6-7-78, Amended 10-16-78, 1-22-79,
Formerly 16J-8.03, Amended 3-23-81, 8-7-00, 2-18-08.

40D-8.041 Minimum Flows.


(1) Minimum Flows for the Lower Hillsborough River.
(a) For the purposes of Minimum Flows, the Lower Hillsborough River is defined as the River
downstream of Fletcher Avenue. A tributary of the Lower Hillsborough River is Sulphur Springs, an
artesian spring which enters the River via a short spring run at a point 2.2 miles downstream of the City's
dam.
(b) The Minimum Flows for the Lower Hillsborough River are based on extending a salinity
range less than 5 ppt from the Hillsborough River Dam toward Sulphur Springs. The Minimum Flows for
the Lower Hillsborough River are 20 cubic feet per second ("cfs") freshwater equivalent from July 1
through March 31 and 24 cfs fresh water equivalent from April 1 through June 30 at the base of the dam
as adjusted based on a proportionate amount that flow at the United States Geological Survey Gauge
No. 0203000 near Zephyrhills, Florida ("Gauge") is below 58 cfs. The adjustment is that for each one cfs
that Hillsborough River flow at the Gauge is below 58 cfs, when 20 cfs freshwater equivalent is otherwise
required, the Minimum Flow is adjusted by reducing it by 0.35 cfs; when 24 cfs freshwater equivalent is
otherwise required, the Minimum Flow is adjusted by reducing it by 0.40 cfs. For purposes of this
paragraph 40D-8.041(1)(b), F.A.C., freshwater equivalent means water that has a salinity concentration of
0.0 ppt for modeling purposes.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(2) Minimum Flows for the upper Hillsborough River.


(a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water
resources or ecology of the natural systems associated with the river are met.
(b) Minimum Flows for the upper Hillsborough River at the USGS Hillsborough River near
Morris Bridge Gage USGS # 02303330 ("Morris Bridge Gage") are set forth in Table 8-12 below. The
long-term compliance standards set forth in Table 8-13 are established based on the application of the
Minimum Flows to the lowest anticipated natural flow conditions. Minimum Flows for the upper
Hillsborough River are both seasonal and flow dependent. Two standards are flow based and applied
continuously regardless of season. The first is a Minimum Low Flow threshold of 52 cfs at the Morris
Bridge Gage. The second is a Minimum High Flow threshold of 470 cfs at the Morris Bridge Gage. The
Minimum High Flow is based on changes in the number of days of inundation of floodplain features.
There are also three seasonally dependent or Block specific Minimum Flows. The Block 1 and Block 2
Minimum Flows are based on potential changes in habitat availability for fish species and
macroinvertebrate diversity. The Block 3 Minimum Flow is based on changes in the number of days of
connection with floodplain features.

Table 8-12 Minimum Flow for Upper Hillsborough River at USGS Hillsborough River near Morris
Bridge Gage
Period Effective Dates Where Flow on Minimum Flow Is
Previous Day
Equals:
Annually January 1 to 52 cfs 52 cfs
December 31
52cfs and 470 cfs Seasonally dependent – see Blocks below

≥470 cfs Previous day flow minus 8%


Block 1 April 20 to June 24 52 52 cfs

52cfs and 470 cfs previous day flow minus 10%

≥470 cfs Previous day flow minus 8%


Block 2 October 28 to April 19 52 52 cfs

52cfs and 470 cfs previous day flow minus 11%

≥470 cfs previous day flow minus 8%


Block 3 June 25 to October 27 52 cfs 52 cfs

52 cfs and 470cfs previous day flow minus 13%

≥470 cfs previous day flow minus 8%

(c) Compliance - The Minimum Flows are met when the flows in Table 8-13 are achieved.

Table 8-13 Compliance Standards for the Hillsborough River near Morris Bridge Gage
Minimum Flow Hydrologic Statistic Flow (cfs)
Annual Flow 10-Year Mean 190
10-Year Median 96
5-Year Mean 149
5-Year Median 74

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-13 Compliance Standards for the Hillsborough River near Morris Bridge Gage
Minimum Flow Hydrologic Statistic Flow (cfs)
Block 1 10-Year Mean 74
10-Year Median 62
5-Year Mean 57
5-Year Median 52
Block 2 10-Year Mean 153
10-Year Median 89
5-Year Mean 105
5-Year Median 72
Block 3 10-Year Mean 287
10-Year Median 150
5-Year Mean 235
5-Year Median 107

(3) Minimum Flow for Sulphur Springs - The Minimum Flow for Sulphur Springs is based on
minimization of salinity incursions into the Upper Sulphur Springs Run ("Upper Run") from the Lower
Hillsborough River ("LHR") and to moderate temperature levels within the manatee protection zone of
the LHR.
(a) As of October 1, 2012, the City of Tampa shall maintain a Minimum Flow for Sulphur
Springs of:
1. 18 cfs, as measured at the United States Geological Survey Sulphur Springs Gauge No.
02306000 at Sulphur Springs, Florida, or;
2. 13 cfs when water levels in the Hillsborough River reservoir fall below 19 feet NGVD; and
3. 10 cfs during low tide stages in the LHR, provided that salinity incursions from the LHR
into the upper spring run do not occur. Salinity incursions shall be defined as when salinity values in the
upper spring run as measured at the United States Geological Survey Gauge Sulphur Springs Run at
Sulphur Springs, Florida (#023060003) are greater than 1 ppt than the concurrent salinity value in the
spring pool as measured at the United States Geological Survey Gauge Sulphur Springs Run at Sulphur
Springs, Florida (#023060000) for a period of greater than 1 hour.
(b) Notwithstanding paragraph 40D-8.041(2)(a), F.A.C., above, and beginning the effective date
of this rule, when spring flow is available, a Minimum Flow of 18 cfs shall be required if the temperature
of either surface or bottom waters in the LHR near the Spring Run's outlet is below 15º C.
(c) The City of Tampa may propose to the District modifications to the weirs and gates located
within the upper and lower spring run that affect the flow rates and salinity levels in the Upper Run and
the LHR. The District shall evaluate the modifications to determine whether the flow resulting from the
operating capabilities of the modifications and modeling simulations of the resulting salinity incursions
into the Upper Spring Run achieve the salinity goal of the Minimum Flow for Sulphur Springs. If the
District determines that flows different from the Minimum Flows ("Different Flows") will achieve the
salinity goal and otherwise protect the resources of the Upper Spring Run, the District, upon request by
the City, will recommend to the Governing Board revision of the Minimum Flow to reflect the Different
Flow.
(4) The Minimum Flow for the Tampa Bypass Canal at structure 160 shall be 0 cfs.
(5) Minimum Flows for Middle Peace River.
(a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water
resources or ecology of the natural systems associated with the river are met.
(b) Minimum Flows for the Middle Peace River at the USGS Peace River Arcadia Gage
("Arcadia Gage") are set forth in Table 8-6 below. The long-term compliance standards set forth in Table
8-7 are established based on the application of the Minimum Flows to the lowest anticipated natural flow
conditions. Minimum Flows for the Middle Peace River are both seasonal and flow-dependent. Two

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

standards are flow-based and applied continuously regardless of season. The first is a Minimum Low
Flow threshold of 67 cfs at the Arcadia Gage. The second is a Minimum High Flow threshold of 1,362
cfs at the Arcadia Gage. The Minimum High Flow is based on changes in the number of days of
inundation of floodplain features. There are also three seasonally dependent or Block-specific Minimum
Flows. The Block 1 and Block 2 Minimum Flows are based on potential changes in habitat availability
for fish species and macroinvertebrate diversity. The Block 3 Minimum Flow is based on changes in the
number of days of connection with floodplain features.

Table 8-6 Minimum Flow for Middle Peace River at USGS Peace River at Arcadia Gage
Period Effective Dates Where Flow on Minimum Flow Is:
Previous Day Equals:
Annually January 1 to December 31 67 cfs 67 cfs

67cfs and 1,362 cfs Seasonally dependent – see Blocks


below

1,362 cfs Previous day flow minus 8%


Block 1 April 20 to June 25 67 cfs 67 cfs

67 cfs and 75cfs 67 cfs

75 cfs and 1,362 cfs previous day flow minus 10%

1,362 cfs previous day flow minus 8%


Block 2 October 27 to April 19 67 cfs 67 cfs

67 cfs and 82 cfs 67 cfs

82 cfs and 1,362 cfs previous day flow minus 18%

1,362 cfs previous day flow minus 8%


Block 3 June 26 to October 26 67 cfs 67 cfs

67 cfs and 73 cfs 67 cfs

73 cfs and 1,362 cfs previous day flow minus 13%

1,362 cfs previous day flow minus 8%

(c) Compliance - The Minimum Flows are met when the flows in Table 8-7 are achieved.

Table 8-7 Compliance Standards for Middle Peace River at Arcadia Gage
Minimum Flow Hydrologic Statistic Flow (cfs)
Annual Flow 10-Year Mean 547
(January 1 through 10-Year Median 243
December 31) 5-Year Mean 534
5-Year Median 196

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-7 Compliance Standards for Middle Peace River at Arcadia Gage
Minimum Flow Hydrologic Statistic Flow (cfs)
Block 1 (April 20 10-Year Mean 219
through June 25) 10-Year Median 121
5-Year Mean 160
5-Year Median 64
Block 2 (October 27 10-Year Mean 359
through April 19) 10-Year Median 182
5-Year Mean 300
5-Year Median 122
Block 3 (June 26 10-Year Mean 977
through October 26) 10-Year Median 631
5-Year Mean 790
5-Year Median 382

(6) Minimum Flows for Myakka River.


(a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water
resources or ecology of the natural systems associated with the river are met.
(b) Minimum Flows for the Myakka River at the USGS Myakka River near Sarasota Gage USGS
# 02298830 ("Sarasota Gage") are set forth in Table 8-10 below. The long-term compliance standards set
forth in Table 8-B are established based on the application of the Minimum Flows to the lowest
anticipated natural flow conditions. Minimum Flows for the Myakka River are both seasonal and flow
dependent. Two standards are flow-based and applied continuously regardless of season. The first is a
Minimum Low Flow threshold of 0 cfs at the Sarasota Gage. The second is a Minimum High Flow
threshold of 577 cfs at the Sarasota Gage. The Minimum High Flow is based on changes in the number of
days of inundation of floodplain features. There are also three seasonally dependent or Block specific
Minimum Flows. The Block 1 and Block 2 Minimum Flows are based on potential changes in habitat
availability for fish species and macroinvertebrate diversity. The Block 3 Minimum Flow is based on
changes in the number of days of connection with floodplain features.

Table 8-10 Minimum Flow for Myakka River at USGS Myakka River near Sarasota Gage
Period Effective Dates Where Flow on Minimum Flow Is
Previous Day Equals:
Annually January 1 to December 31 0 cfs 0 cfs

0 cfs Seasonally dependent – see


Blocks below
Block 1 April 20 to June 25 0 cfs 0 cfs

0 cfs previous day flow minus 15%

Block 2 October 27 to April 19 0 cfs 0 cfs

0 cfs previous day flow minus 5%

Block 3 June 26 to October 26 0 cfs 0 cfs

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-10 Minimum Flow for Myakka River at USGS Myakka River near Sarasota Gage
Period Effective Dates Where Flow on Minimum Flow Is
Previous Day Equals:
0 cfs and 577 cfs previous day flow minus 16%

577 cfs previous day flow minus 7%

(c) Compliance - The Minimum Flows are met when the flows in Table 8-11 are achieved.

Table 8-11 Compliance Standards for Myakka River at USGS Myakka River near
Sarasota Gage
Minimum Flow Hydrologic Statistic Flow (cfs)
Annual Flow 10-Year Mean 172
10-Year Median 12
5-Year Mean 149
5-Year Median 5
Block 1 10-Year Mean 23
10-Year Median 0
5-Year Mean 4
5-Year Median 0
Block 2 10-Year Mean 28
10-Year Median 4
5-Year Mean 15
5-Year Median 3
Block 3 10-Year Mean 324
10-Year Median 181
5-Year Mean 241
5-Year Median 133

(7) Minimum Flows for upper Peace River.


(a) Over the last several decades there has been a significant decline in flow in the Upper Peace
River, especially during the dry season. One of the major contributing factors is the elimination of
baseflow as a result of ground water withdrawals that have lowered the potentiometric surface of the
upper Floridan aquifer. In addition, surface-water drainage alterations, reduction in surface storage, long-
term cyclical declines in rainfall and karst openings in the riverbed have played significant roles in
reducing flow in the upper Peace River.
(b) The minimum flows are to ensure that the minimum hydrologic requirements of fish and
natural systems associated with the river are met and not jeopardized by withdrawals. At this time only
Minimum Low Flows are being established. It is anticipated that mid- and high-minimum flows will be
established once the controlling factors that affect those flows are better understood.
(c) The Minimum Low Flows for the upper Peace River are set forth in Table 8-8 below. The
Minimum Low Flows are established based on the lowest acceptable flow under the lowest anticipated
flow conditions. This is determined by providing for the hydrologic requirements of biological
communities associated with the upper Peace River system, as well as considering non-consumptive uses
including fishing, wildlife observation, general recreation, aesthetic enjoyment, canoeing and boating.
This determination uses professional experience and judgment to identify key habitats and hydrologic
requirements for specific biotic assemblages. This approach results in establishing Minimum Low Flows
for the upper Peace River based on maintaining the higher of the water elevations needed for fish passage

8-9
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(0.6 feet or 7.2 inches) or the lowest wetted perimeter inflection point (as much stream bed coverage as
possible for the least amount of flow) as set forth below. A ninety-five percent annual exceedance occurs
when the flow is greater than the Minimum Low Flow at least ninety-five percent of the days, or 350
days, of a calendar year.

Table 8-8 Minimum Flows for the upper Peace River


Location/Gage Minimum Flow (cubic feet per second)
Bartow / USGS Bartow River Gage No. 02294650 Annual 95% exceedance flow of 17 cfs
Ft. Meade / USGS Ft. Meade River Gage No. 02294898 Annual 95% exceedance flow of 27 cfs
Zolfo Springs / USGS Zolfo Springs River Gage No. Annual 95% exceedance flow of 45 cfs
02295637

(d) Compliance - The Minimum Low Flow is achieved when the measured flow rate is at or
above the Minimum Low Flow for three consecutive years. Once the Minimum Low Flow has been
achieved for three consecutive years, the Minimum Low Flow is not met when the measured flow rate is
below the Minimum Low Flow for two out of ten years commencing the year after achievement. If the
two years below the minimum flow occur anytime before the ten year period is complete, the upper Peace
River is deemed below its Minimum Low Flow and the three consecutive years above the Minimum Low
Flow is again required for compliance. Once the ten-year period is complete, the period will roll forward
one year each year.

(8) Minimum Flows for the Braden River.


(a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water
resources or ecology of the natural systems associated with the river are met.
(b) Minimum Flows for the Braden River at the USGS Braden River near Lorraine Gage USGS
# 02300032 ("near Lorraine Gage") are set forth in Table 8-14 below. The long-term compliance
standards set forth in Table 8-15 are established based on the application of the Minimum Flows to the
lowest anticipated natural flow conditions. Minimum Flows for the Braden River are both seasonal and
flow dependent. Two standards are flow based and applied continuously regardless of season. The first
is a Minimum Low Flow threshold of 7 cfs at the near Lorraine Gage. The second is a Minimum High
Flow threshold of 54 cfs at the near Lorraine Gage. The Minimum High Flow is based on changes in the
number of days of inundation of floodplain features. There are also three seasonally dependent or Block
specific Minimum Flows. The Block 1 and Block 2 Minimum Flows are based on potential changes in
habitat availability for fish species and macroinvertebrate diversity. The Block 3 Minimum Flow is based
on changes in the number of days of connection with floodplain features.

Table 8-14 Minimum Flow for Braden River at USGS Braden River near Lorraine Gage
Period Effective Dates Where Flow on Minimum Flow Is
Previous Day
Equals:
Annually January 1 to December 31 7 cfs 7 cfs

7cfs and 54 cfs Seasonally dependent – see Blocks


below

≥54 cfs Previous day flow minus 10%


Block 1 May 7 to June 19 7 7 cfs

7 cfs previous day flow minus 10%


Block 2 October 25 to May 6 7 7 cfs

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-14 Minimum Flow for Braden River at USGS Braden River near Lorraine Gage
Period Effective Dates Where Flow on Minimum Flow Is
Previous Day
Equals:

7 cfs and 54 cfs previous day flow minus 11%

≥54 cfs previous day flow minus 10%


Block 3 June 20 to October 24 7 cfs 7 cfs

7 cfs and 54 cfs previous day flow minus 19%

≥54 cfs previous day flow minus 10%

(c) Compliance - The Minimum Flows are met when the flows in Table 8-15 are achieved.

Table 8-15 Compliance Standards for Braden River near Lorraine Gage
Minimum Flow Hydrologic Statistic Flow (cfs)
Annual Flow 10-Year Mean 31
10-Year Median 3
5-Year Mean 26
5-Year Median 2
Block 1 10-Year Mean 5
10-Year Median 1
5-Year Mean 2
5-Year Median 0
Block 2 10-Year Mean 20
10-Year Median 3
5-Year Mean 10
5-Year Median 1
Block 3 10-Year Mean 65
10-Year Median 23
5-Year Mean 43
5-Year Median 7

(9) Minimum Flows for Crystal Springs Located Within the Hillsborough River Basin, Hillsborough
County, Florida
(a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water
resources or ecology of the natural systems associated with the upper Hillsborough River are met.
(b) The Minimum Flow for Crystal Springs is stated as the flow measured by USGS physical
measurements. Flows from Crystal Springs are calculated as the difference between upstream flow
measurements at USGS Gage No. 02301990 – Hillsborough River Above Crystal Springs near
Zephyrhills, FL and downstream flow measurements at USGS Gage No. 02302010 – Hillsborough River
Below Crystal Springs near Zephyrhills, FL measurements and constitute the combined flow of the main
spring vent and numerous smaller vents in the river channel. The minimum flow for the Crystal Springs
complex is 46 cfs based on a 5-year running mean and median.
(10) Minimum Flows for Alafia River.
(a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water
resources or ecology of the natural systems associated with the river are met.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(b) Minimum Flows for the Alafia River at the USGS Alafia River at Lithia Gage USGS #
02301500 ("Lithia Gage") are set forth in Table 8-16 below. The long-term compliance standards set
forth in Table 8-17 are established based on the application of the Minimum Flows to the lowest
anticipated natural flow conditions. Minimum Flows for the Alafia River are both seasonal and flow
dependent. Two standards are flow-based and applied continuously regardless of season. The first is a
Minimum Low Flow threshold of 59 cfs at the Lithia Gage. The second is a Minimum High Flow
threshold of 375 cfs at the Lithia Gage. The Minimum High Flow is based on changes in the number of
days of inundation of floodplain features. There are also three seasonally dependent or Block specific
Minimum Flows. The Block 1 and Block 2 Minimum Flows are based on potential changes in habitat
availability for fish species and macroinvertebrate diversity. The Block 3 Minimum Flow is based on
changes in the number of days of connection with floodplain features.

Table 8-16 Minimum Flow for Alafia River at USGS Alafia River at Lithia Gage
Period Effective Dates Where Flow on Previous Day Minimum Flow Is
Equals:
Annually January 1 to 59 cfs 59 cfs
December 31 59 cfs and 374 cfs Seasonally dependent – see Blocks
below
374 cfs Previous day flow minus 8%
Block 1 April 20 to June 25 57 cfs 59 cfs
57 cfs and 66 cfs 67 cfs
66 cfs and 374 cfs previous day flow minus 10%
374 cfs previous day flow minus 8%
Block 2 October 27 to April 19 59 cfs 59 cfs
59 cfs and 69 cfs 67 cfs
69 cfs and 374 cfs previous day flow minus 15%
374 cfs previous day flow minus 8%
Block 3 June 26 to October 26 59 cfs 59 cfs
59 cfs and 64 cfs 67 cfs
64 cfs and 374 cfs previous day flow minus 13%
374 cfs previous day flow minus 8%

(c) Compliance - The Minimum Flows are met when the flows in Table 8-17 are achieved.

Table 8-17 Compliance Standards for Alafia River at Lithia Gage


Minimum Flow Hydrologic Statistic Flow (cfs)
Annual Flow 10-Year Mean 192
10-Year Median 101
5-Year Mean 163
5-Year Median 86
Block 1 10-Year Mean 85
10-Year Median 35
5-Year Mean 53
5-Year Median 27
Block 2 10-Year Mean 137
10-Year Median 82
5-Year Mean 110
5-Year Median 66
Block 3 10-Year Mean 318

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-17 Compliance Standards for Alafia River at Lithia Gage


Minimum Flow Hydrologic Statistic Flow (cfs)
10-Year Median 179
5-Year Mean 276
5-Year Median 163

(11) Minimum Flows for Weeki Wachee River System located within Hernando County, Florida
(a) The Minimum Flows are to ensure that the minimum hydrologic requirements of the water
resources or ecology of the natural systems associated with the Weeki Wachee River System are met. The
Minimum Flow for the Weeki Wachee River System is intended to maintain 90% of the natural flow of
the Weeki Wachee River System. For purposes of this rule, the Weeki Wachee River System includes the
watercourse from the Weeki Wachee Spring to the Gulf of Mexico including Twin Dees Spring, Mud
River (including Salt Spring) from Mud Spring to the confluence with the Weeki Wachee River and
Jenkins Springs and associated spring run.
(b) The Minimum Flow for the Weeki Wachee River System is 90% of its natural flow. This
Minimum Flow is inclusive of spring flow, the freshwater and the estuarine portion of the Weeki Wachee
River.
(c) The Minimum Flow applies upstream of the USGS Gage No. 02310525 at Weeki Wachee
River near Brooksville ("Brooksville Gage") to the Weeki Wachee Spring vent and downstream of the
Brooksville Gage to the Gulf of Mexico. The Minimum Flow shall be met continuously and is evaluated
on a daily basis.
(d) Because climatic variation can influence river flow regimes, five and ten year mean and
median standards have been developed and are set forth in Table 8-18 ("Means and Medians") as a tool to
assess whether compliance with the Minimum Flow maintains 90% of the natural flow of the Weeki
Wachee River System. The Means and Medians are hydrologic statistics that represent flows expected to
occur during long-term periods when the Minimum Flows are being met. The Means and Medians are
generated from flow records that are representative of a period devoid of significant anthropogenic
impacts. The District will periodically evaluate the Means and Medians. These are evaluated as the mean
and medians of annual means and medians, evaluated from January 1 through December 31 of each year.
The evaluation is for both the flow at the Brooksville Gage and at the USGS Weeki Wachee Well No.
283201082315601. The flow at the Brooksville Gage is evaluated directly against Table 8-18. The well
data is converted to flow with the relation Q (cfs) = 47.487 + 12.38 (well level) (ft) and then evaluated
against Table 8-18. The Means and Medians were developed using the Minimum Flow and the presumed
historic flow records. Therefore, it is expected that the Means and Medians will be met if compliance
with the Minimum Flow is maintained. However, since future structural alterations could potentially
affect surface water or groundwater flow characteristics within the watershed and additional information
pertaining to Minimum Flows development may become available, the District is committed to periodic
review and revision of the Minimum Flows, as necessary.

Table 8-18 Five and Ten Year Means and Medians


for the Weeki Wachee River System
Critierion Flow (cfs)
Minimum 10 Year Moving Average
(Based On Annual Average Flows) 141
Minimum 10 Year Moving Average
(Based On Annual Median Flows) 131
Minimum 5 Year Moving Average
(Based On Annual Average Flows) 136
Minimum 5 Year Moving Average
(Based On Annual Median Flows) 128

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(e) Water Use Permits issued after May 10,. 2009, that authorize surface water withdrawals from,
or ground water withdrawals that impact Mud Spring, Salt Spring or Jenkins Spring, shall gauge the flow
of the applicable spring and report the flow to the District as provided in the Water Use Permit.

Rulemaking Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.036, 373.0361, 373.042,
373.0421, F.S. History - Readopted 10-5-74, Amended 12-31-74, Formerly 16J-0.15, 40D-1.601,
Amended 10-1-84, 8-7-00, 2-6-06, 4-6-06, 1-1-07, 11-25-07, 2-18-08, 3-2-08, 5-12-08, 5-10-09.

40D-8.603 Management Levels for Lakes and Other Impoundments.

Specific Authority 373.016, 373.023, 373.044, 373.103, F.S. Law Implemented 373.016, 373.042,
373.044, F.S. History – New 6-7-78, Formerly 16J-8.67, Repealed.

40D-8.605 Cyclic Variations for Minimum Water Level.

Specific Authority 373.016, 373.023, 373.044, 373.103, F.S. Law Implemented 373.016, 373.042,
373.044, F.S. History – New 6-7-78, Formerly 16J-8.671, Repealed.

40D-8.611 Minimum Flood Levels.

Specific Authority 373.016, 373.023, 373.044, 373.103, F.S. Law Implemented 373.016, 373.042,
373.044, F.S. History – New 6-7-78, Formerly 16J-8.672, Repealed.

40D-8.613 Ten Year Flood Warning Levels.

Specific Authority 373.016, 373.023, 373.044, 373.103, F.S. Law Implemented 373.016, 373.042,
373.044, F.S. History – New 1-22-79, Formerly 16J-8.6721, Repealed.

40D-8.616 Posted Notice.

Specific Authority 373.016, 373.023, 373.044, 373.103, F.S. Law Implemented 373.016, 373.042,
373.044, F.S. History – New 6-7-78, Formerly 16J-8.673, Repealed.

40D-8.621 Operating Levels for Lakes with District-Owned Management Structures.


(1) Schedules, levels, and procedures for operation of lakes with a District-owned management
structure shall be established by the Board.
(2) The operating range for a structure of a lake shall be prescribed as that between the high
operating level and the low operating level.
(a) High operating level shall be established by the Board in consideration of the Guidance
Levels, any applicable established High Minimum Lake Level, public testimony and in keeping with the
best lake management practices.
(b) Low operating level shall be established by the Board in consideration of Guidance Levels,
any applicable Minimum Lake Level, public testimony and in keeping with the best lake management
practices.
(3) Best lake management practices in the design, construction, operation, and maintenance of
structures or devices requires a consideration and evaluation of both Long-term and short-term effects of
the activity upon the water resources of the District, and mandatory compliance with any High Minimum
Lake Level and Minimum Lake Level established for the lake. Factors to be considered include the
following:
(a) Conservation and proper utilization of surface water;

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(b) Prevention of damage from floods, soil erosion, and excessive drainage;
(c) Protection of natural resources, fish and wildlife;
(d) Storage for aquifer recharge; and
(e) Non-consumptive uses, including but not limited to, navigation, recreation, and aesthetics.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.042, 373.0421, 373.086, F.S.
History – New 6-7-78, Formerly 16J-8.677, Amended 8-7-00.

40D-8.623 Minimum Wetland Levels.


(1) (a) Minimum Wetland Levels for certain isolated, cypress dominated wetlands are established
and incorporated into the table at subsection 40D-8.623(3), F.A.C., below. For such wetlands, the
Minimum Wetland Level shall be that level which is 1.8 feet below a reference elevation referred to as
the normal pool elevation.
(b) The normal pool elevation shall be determined based on a consideration, utilizing reasonable
scientific judgment, of Hydrologic Indicators of sustained inundation including:
1. The lower limit of epiphytic mosses and liverworts intolerant of sustained inundation;
2. The upper limit of the root crown on Lyonia lucida growing on tree tussocks;
3. The upper limit of adventitious roots on Hypericum fasiculatum and other species which
exhibit this morphologic response to sustained inundation;
4. Other indicators which can be demonstrated to represent a similar period of sustained
inundation.
(2) The Governing Board may consider information relating to protection of nonconsumptive uses
when establishing Minimum Wetland Levels. This information includes potentiometric surface maps,
information on surface-water features and ecology of the area, water withdrawal data, geologic or
hydrologic information, recreation, navigation and aesthetics, and information relating to the wetland and
surrounding land uses.
(3) Minimum Wetland Levels are hereby established as set forth in the following table. Wetland
water levels are deemed to be below the Minimum Wetland Level when the Long-term Current P50 is
below the Minimum Wetland Level. If insufficient data exists to determine if a wetland is below its
Minimum Wetland Level, the wetland can be determined to be below the Minimum Wetland Level based
on a comparison with wetlands that are hydrologically or hydrogeologically similar or, located in close
proximity or, in the same drainage basin or, by use of aerial photographs or evaluation of hydrologic data
or Hydrologic Indicators in the subject wetland.

TABLE 8-1 Minimum Wetland Levels Adopted August 7, 2000


Minimum Level
Wetland Site Latitude Longitude
(feet NGVD)
(a) CC W-41 73.1 28 18 44 82 22 25
(b) CC W-11 67.5 28 17 46 82 23 06
(c) CC W-12 62.1 28 17 33 82 23 39
(d) CC W-17 63.1 28 17 08 82 23 41
(e) CC Site G 62.7 28 16 21 82 24 18
(f) STWF D 29.1 28 15 19 82 38 05
(g) STWF Central Recorder 43.3 28 14 40 82 35 45
(h) STWF Z 40.0 28 14 10 82 35 07
(i) STWF Eastern Recorder 44.6 28 14 45 82 33 56
(j) STWF S-75 45.4 28 15 01 82 33 46
(k) STWF M 43.0 28 14 34 82 34 24
(l) STWF N 45.1 28 14 33 82 33 08
(m) MBWF Entry Dome 33.7 28 06 55 82 18 24

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

TABLE 8-1 Minimum Wetland Levels Adopted August 7, 2000


Minimum Level
Wetland Site Latitude Longitude
(feet NGVD)
(n) MBWF X-4 40.6 28 07 26 82 20 14
(o) MBWF Clay Gully Cypress 39.8 28 07 21 82 20 45
(p) MBWF Unnamed 32.2 28 06 20 82 20 33
(q) EWWF NW-44 36.7 28 10 05 82 37 52
(r) EWWF Salls Property Wetland
19.8 28 10 03 82 40 58
10S/10D
(s) SPWF NW-49 57.4 28 11 00 82 30 27
(t) SPWF South Cypress 57.5 28 10 53 82 30 29
(u) SPWF NW-50 South Pasco 57.3 28 11 17 82 30 28
(v) S21 WF NW-53 East 51.5 28 07 16 82 30 51
(w) Cosme WF Wetland 39.5 28 06 02 82 35 27
(x) CBRWF #16 57.9 28 12 30 82 22 18
(y) CBRWF A 56.9 28 12 24 82 22 28
(z) CBRWF #25 70.4 28 13 59 82 21 31
(aa) CBRWF #32 48.7 28 10 03 82 22 02
(bb) CBRWF #4 69.2 28 13 44 82 21 55
(cc) CBRWF #20 60.4 28 12 14 82 21 19
(dd) CBARWF TQ-1 West 73.2 28 20 37 82 29 11
(ee) CBARWF T-3 68.8 28 20 52 82 29 44
(ff) CBARWF Stop #7 72.3 28 20 37 82 28 28
(gg) CBARWF Q-1 72.7 28 20 46 82 28 11
(hh) CR1 86.9 28 07 57 82 07 16
(ii) CR 2 90.5 28 07 14 82 07 11
(jj) CR 3 95.4 28 06 39 82 07 14
(kk) CR 4 99.0 28 06 50 82 05 54
(ll) CR 5 105.2 28 05 53 82 04 56
(mm) CR 6 96.0 28 07 32 82 05 57
(nn) NPWF #3 44.4 28 19 00 82 34 32
(oo) NPWF #21 44.5 28 17 23 82 34 30

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.036, 373.0361, 373.042,
373.0421, F.S. History – New 8-7-00.

40D-8.624 Guidance and Minimum Levels for Lakes.


(1) Levels for lakes adopted during or after August 7, 2000, are set forth in Table 8-2 in subsection
40D-8.624(12), F.A.C. There are two Guidance Levels for lakes, the High Guidance Level and the Low
Guidance Level. There are two Minimum Levels for lakes, the High Minimum Lake Level and the
Minimum Lake Level. After the High Minimum Lake Level and Minimum Lake Level for each lake is a
designation indicating which of the categories described below applied and, therefore, which method was
used to determine the High Minimum Lake Level and the Minimum Lake Level.
(2) Levels for lakes adopted prior to August 7, 2000, are set forth in the table in subsection 40D-
8.624(13), F.A.C.
(3) Renaming of Levels.
(a) Lake levels adopted prior to August 7, 2000, were referred to in the District's rules as
management levels and alternatively as minimum levels. These levels were the Minimum Flood Level,
the Low Management Level and, for some lakes, Extreme Low Management Level. As of August 7,
2000, these levels are now referred to as Guidance Levels. For those lakes with levels adopted prior to

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

August 7, 2000, the Minimum Flood is now named the High Level, the Low Management Level is now
named the Low Level and the Extreme Low Management Level is now named the Extreme Low Level.
(b) For lakes with levels adopted before August 7, 2000, a reference within the District's rules to
the applicable minimum level or to established minimum water levels shall refer to the Low Level, or, if
adopted for the lake, the Extreme Low Level. Such Low Level or Extreme Low Level shall not be
deemed a minimum level pursuant to Section 373.042, F.S.
(c) For lakes with levels adopted during or after August 7, 2000, a reference in the District's rules
to the applicable minimum level or to established minimum water levels shall refer to the adopted High
Minimum Lake Level and Minimum Lake Level described in this Rule 40D-8.624, F.A.C.
(4) The High Guidance Level (HGL).
(a) The High Guidance Level (HGL) is provided as an advisory guideline for construction of
lake shore development, water dependent structures, and operation of water management structures.
Figure 8-2 depicts the method described below for calculating the HGL. The High Guidance Level is the
expected Historic P10 of the lake. For Category 2 lakes as described in paragraph 40D-8.624(8)(b),
F.A.C., below, the HGL and the High Minimum Lake Level may be calculated to be the same elevation.
(b) The HGL is established using best available information, including:
1. Hydrologic data;
2. Hydrologic Indicators;
3. Where the lake has been Structurally Altered, the apparent effectiveness of the Structural
Alterations in controlling water levels; and
4. Other information indicative of previous water levels.
(c) Unless the best available information indicates that a different elevation more accurately
approximates the Historic P10 of the lake, the HGL shall be established using the following procedure:
1. The HGL shall be established at the Historic P10, if competent Historic data are
available.
2. For a Structurally Altered lake with no Historic data, but with Current data, the HGL
shall be the higher of the Current P10 or the Control Point Elevation.
3. For a Structurally Altered lake without Historic or Current data, the HGL shall be the
Control Point Elevation.
4. For a lake that is not Structurally Altered without Historic or Current data, the HGL is
equal to the higher of the Current P10 or the Hydrologic Indicators.
5. For a lake that is not Structurally Altered with no Historic data, but with Current data the
HGLs shall be the higher of the Hydrologic Indicators of normal pool or the Current P10.
(5) Historic P50.
(a) The Historic P50 is derived to support development of minimum lake levels. Figure 8-3
depicts the method described below for calculating the Historic P50.
(b) The Historic P50 shall be established using competent Historic data, if it is available.
(c) In those cases where competent Historic data are unavailable, but Current data are available,
the Historic P50 is determined by first calculating the difference between the Current P10 and the Current
P50 ("P10-P50") and comparing this to the region-specific Reference Lake Water Regime 50 (RLWR
50), then:
1. If the Current lake specific P10-P50 difference is greater than the RLWR 50, it is
assumed the lake is impacted by water withdrawals, therefore, the Historic P50 is estimated by
subtracting the RLWR 50 from the HGL.
2. If the Current lake specific P10-P50 difference is less than the RLWR 50 then the
Historic P50 is estimated by subtracting the Current lake specific P10-P50 difference from the HGL.
3. If Current data does not exist for the lake, the Historic P50 is estimated by subtracting the
RLWR 50 from the HGL.
(6) (a) The High Minimum Lake Level (HML) is the elevation that a lake's water levels are required
to equal or exceed ten percent of the time (P10) on a Long-term basis. This level is used in the evaluation
of compliance with Chapter 40D-2, F.A.C., Consumptive Use of Water, and Chapter 40D-4, F.A.C.,

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Environmental Resource Permits. The High Minimum Lake Level is established to ensure that a lake
reaches higher levels on a periodic basis.
(b) Lake levels are deemed to be below the High Minimum Lake Level when the Long-term P10
of the lake fails to equal or exceed the High Minimum Lake Level. If insufficient data exists to determine
if the lake level is below the High Minimum Lake Level, the lake level can be determined to be below the
High Minimum Lake Level based on a comparison with lakes that are hydrologically or
hydrogeologically similar, or located in close proximity or in the same drainage basin, or by use of aerial
photographs or by evaluation of hydrologic data of Hydrologic Indicators.
(7) (a) The Minimum Lake Level is the elevation that the lake's water levels are required to equal or
exceed fifty percent of the time on a Long-term basis. This level is used in the evaluation of applications
for water use permits pursuant to Chapter 40D-2, F.A.C., and Environmental Resource Permits pursuant
to Chapter 40D-4, F.A.C.
(b) Lake levels are deemed to be below the Minimum Lake Level when the Long-term P50 lake
elevation is below the Minimum Lake Level. If insufficient data exists to determine if the lake level is
below the Minimum Lake Level, the lake level can be determined to be below the Minimum Lake Level
based on a comparison with lakes that are hydrologically or hydrogeologically similar or, located in close
proximity or in the same drainage basin or, by use of aerial photographs or evaluation of Hydrologic data
or Hydrologic Indicators.
(8) The method for establishing the High Minimum Lake Level and the Minimum Lake Level
pursuant to subsections 40D-8.624(6) and (7), F.A.C., above, will depend on the category within which
the subject lake falls, as follows:
(a) Category 1 Lakes – Those lakes with lake-fringing cypress swamp(s) greater than 0.5 acres in
size where Structural Alterations have not prevented the Historic P50 from equaling or rising above an
elevation that is 1.8 feet below the normal pool of the cypress swamp(s). Figure 8-3 depicts the method
for calculating the Historic P50.
1. The High Minimum Lake Level for Category 1 lakes is established 0.4 feet below the
normal pool elevation in the cypress swamp(s) contiguous with the lake.
2. The Minimum Lake Level for Category 1 lakes shall be 1.8 feet below the normal pool
elevation in the cypress swamps contiguous with the lake. Figure 8-1 depicts the method for calculating
the minimum lake levels for Category 1 lakes.
(b) Category 2 Lakes – Those lakes with lake-fringing cypress swamp(s) greater than 0.5 acres in
size where Structural Alterations have prevented the Historic P50 from equaling or rising above an
elevation that is equal to an elevation that is 1.8 feet below normal pool and the lake-fringing cypress
swamp(s) remain viable and perform functions beneficial to the lake in spite of the Structural Alterations.
Figure 8-3 depicts the method for calculating the Historic P50.
1. The High Minimum Lake Level shall be established at the HGL.
2. The Minimum Lake Level shall be established at the Historic P50 elevation. Figure 8-3
depicts the method for calculating the Historic P50. Figure 8-1 depicts the method for calculating the
Minimum Lake Level for Category 2 lakes.
(c) Category 3 Lakes – Those lakes where there are no lake-fringing cypress swamp(s) greater
than 0.5 acre in size.
1. High Minimum Lake Level. Once the Minimum Lake Level is identified as described in
subparagraph 40D-8.624(8)(c)2., F.A.C., below, the High Minimum Lake Level may be established,
using the region-specific reference lake water regime statistic, or Historic hydrologic data. If Historic
data are available, the High Minimum Lake Level may be established at the elevation corresponding to
the Minimum Lake Level plus the difference between the Historic P10 and the Historic P50. If Historic
data are not available, the High Minimum Lake Level may be established at the elevation corresponding
to the Minimum Lake Level plus the region-specific RLWR50 value.
2. The Minimum Lake Level for Category 3 lakes is established utilizing a process that
considers, applying professional experience and judgment, multiple parameters including changes in lake
mixing and susceptibility to sediment resuspension, changes in water depth associated with docks, change

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

in basin connectivity, changes in species richness, change in coverage of herbaceous wetland vegetation,
change in coverage of aquatic macrophytes, and change in cultural (aesthetic and recreational) values as
described below.
a. Lake Mixing Standard and Information for Consideration.
(I) Step 1.
(A) Establish stage specific dynamic ratio values (square root of the lake surface
area in square kilometers divided by the mean depth in meters).
(B) Establish the Mixing Standard at the highest elevation at or below the
Historic P50 elevation where the dynamic ratio shifts from a value of <0.8 to a value >0.8 or from a value
of >0.8 to a value of <0.8.
(II) Step 2. Develop water column depth profiles of water temperature, and
dissolved oxygen concentration during summer months.
(III) Step 3. Based on professional experience and judgment, review all relevant
information pertaining to water column mixing and stratification in the lake (including the Mixing
Standard and stability of water column thermal stratification) for development of minimum levels.
b. Dock-Use Standard and Information for Consideration.
(I) Step 1. If boats or other watercraft are used on the lake, determine the elevation
of sediments at the end of existing docks, and establish the elevation exceeded by ten percent of the
sediment elevation values.
(II) Step 2.
(A) If Historic data are available, derive the Dock-Use Standard by adding 2 feet
and the difference (in feet) between the Historic P50 and Historic P90 elevation to the elevation exceeded
by ten percent of the sediment elevations at the end of existing docks.
(B) If Historic data are not available, derive the Dock-Use Standard by adding 2
feet and the region-specific RLWR5090 value (in feet) to the elevation exceeded by ten percent of the
sediment elevations at the end of existing docks.
(III) Step 3. Based on professional experience and judgment, review relevant
information pertaining to dock use and dock elevations at the lake (including the Dock-Use Standard) for
development of minimum levels.
c. Basin Connectivity Standard and Information for Consideration.
(I) Step 1. Determine elevations for areas of potential surface water connectivity
among sub-basins within the lake basin or between the lake and other lakes.
(II) Step 2. Identify the highest elevation (or other appropriate elevation in the areas
of connectivity) as the critical high-spot elevation.
(III) Step 3.
(A) If powerboats are used at the lake and Historic data are available, derive the
Basin Connectivity Standard by adding 2 feet and the difference (in feet) between the Historic P50 and
Historic P90 elevations to the critical high spot elevation.
(B) If powerboats are used at the lake, and Historic data are not available, derive
the Basin Connectivity Standard by adding 2 feet and the region-specific RLWR5090 value (in feet) to
the critical high spot elevation.
(C) If powerboats are not used at the lake and Historic data are available, derive
the Basin Connectivity Standard by adding 1 foot and the difference (in feet) between the Historic P50
and Historic P90 elevations to the critical high spot elevation.
(D) If powerboats are not used at the lake, and Historic data are not available,
derive the Basin Connectivity Standard by adding 1 foot and the region-specific RLWR5090 value (in
feet) to the critical high spot elevation.
(IV) Step 4. Based on professional experience and judgment, review relevant
information pertaining to inter- and intra-basin connections for the lake basin (including the Basin
Connectivity Standard) for development of minimum levels.
d. Species Richness Standard and Information for Consideration.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(I) Step 1. Determine the lake surface area associated with the Historic P50
elevation.
(II) Step 2. Establish the Species Richness Standard at an elevation corresponding to
the lowest elevation associated with less than a 15% reduction in lake surface area relative to the area at
the Historic P50 elevation.
(III) Step 3. Based on professional experience and judgment, review relevant
information pertaining to biological diversity within the lake basin (including the Species Richness
Standard) for development of minimum levels.
e. Herbaceous Wetland Information for Consideration.
(I) Step 1. Determine stage-specific potential wetland area values (i.e., lake area
with a water depth less than or equal to 4 feet) for the lake basin.
(II) Step 2. Identify elevations at which change in lake stage would result in
substantial change in potential wetland area within the lake basin.
(III) Step 3. Based on professional experience and judgment, review relevant
information pertaining to herbaceous wetlands in the lake basin (including elevations at which change in
lake stage would result in substantial change in potential wetland area, and elevations of connections
between the lake basin and contiguous wetland areas) for development of minimum levels.
f. Submersed Aquatic Macrophyte Information for Consideration.
(I) Step 1. Determine lake-specific maximum depth of colonization values for
submersed aquatic macrophytes using a representative, lake-specific Secchi Disk depth value and an
empirically-derived relationship between Secchi Disk depth and maximum depth of macrophyte
colonization.
(II) Step 2. Determine stage-specific lake area available for submersed aquatic
macrophyte colonization using the lake-specific maximum depth of colonization value.
(III) Step 3. Identify elevations at which change in lake stage would result in
substantial change in the area available for colonization by submersed aquatic macrophytes.
(IV) Step 4. Based on professional experience and judgment, review relevant
information pertaining to aquatic macrophyte coverage in the lake basin (including elevations at which
change in lake stage would result in substantial change in the area available for colonization by
submersed aquatic macrophytes, and coverage that could hinder navigation) for development of minimum
levels.
g. Aesthetics Standard and Information for Consideration.
(I) Step 1. Establish the Aesthetics Standard at the Low Guidance Level.
(II) Step 2. Based on professional experience and judgment, review relevant
information pertaining to aesthetic values associated with the lake basin (including the Aesthetics
Standard) for development of minimum levels.
h. Recreation/Ski Standard and Information for Consideration.
(I) Step 1. Determine whether the lake basin can contain a ski corridor delineated as
a circular area with a radius of 418 feet or a rectangular or polygonal area 200 ft. in width and 2,000 feet
in length.
(II) Step 2. If the lake basin can contain a ski corridor, identify the minimum
elevation at which the lake basin can contain a ski corridor with a depth of five feet (Ski Elevation) by
adding five feet to the elevation at which the basin can contain the ski corridor.
(III) Step 3.
(A) If Historic data are available, derive the Recreation/Ski Standard by adding
the difference (in feet) between the Historic P50 and Historic P90 elevations to the Ski Elevation.
(B) If Historic data are not available, derive the Recreation/Ski Standard by
adding the region specific RLWR5090 value (in feet) to the Ski Elevation.
(IV) Step 4.
(A) Compare the Recreation/Ski Standard to the Historic P50 elevation.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(B) If the Recreation/Ski Standard is less than or equal to the Historic P50
elevation, use of the standard for development of the Minimum Lake Level is appropriate.
(C) If the Recreation/Ski Standard is greater than the Historic P50 elevation, use
of the standard for development of the Minimum Lake Level is not appropriate.
(V) Step 5. Based on professional experience and judgment, review relevant
information pertaining to skiing and other recreational activities within the lake basin (including the
Recreation/Ski Standard) for development of minimum levels.
i. Establish Minimum Lake Level - Following development of lake-specific standards
(Mixing Standard, Dock-Use Standard, Basin Connectivity Standard, Species Richness Standard,
Recreation/Ski Standard, Aesthetics Standard) and compilation of other relevant information, the
Minimum Lake Level for Category 3 lakes shall be established at the elevation corresponding to the most
conservative, i.e., the highest standard, except where that result is an elevation above the Historic P50, in
which case the Minimum Lake Level shall be established at the Historic P50 elevation.
(9) Where the Governing Board determines that there are unique factors to be addressed at a
particular lake such that the Minimum Lake Level that would be established based upon subsection 40D-
8.624(8), F.A.C., above is inappropriate, the Governing Board shall determine the High Minimum Lake
Level and the Minimum Lake Level, as applicable, considering the appropriate category standards
described above, and the lake's unique factors. Unique factors include:
(a) Elevations associated with residential dwellings, roads or other structures,
(b) Substantial changes in the coverage of herbaceous wetland vegetation or submersed aquatic
macrophytes,
(c) Frequent submergence of dock platforms, and
(d) Information relating to protection of nonconsumptive uses, including lake vegetation maps,
faunal surveys, bathymetric maps, aerial photographs, elevations of docks, seawalls, house slabs, other
structures, typical uses of a lake (e.g., recreation, aesthetics, navigation, irrigation, and surrounding land
uses), socio-economic effects of the minimum level and public health, safety and welfare matters.
(10) (a) Low Guidance Level – The Low Guidance Level is provided as an advisory guideline for
water dependent structures, information for lake shore residents and operation of water management
structures. The Low Guidance Level is the elevation that a lake's water levels are expected to equal or
exceed ninety percent of the time on a Long-term basis. Therefore, this is also the elevation that a lake's
water levels are expected to be below 10 percent of the time on a Long-term basis.
(b) The Low Guidance Level (LGL) is established as:
1. The Historic P90 elevation, if competent Historic data is available.
2. In those cases where competent Historic data are unavailable, but Current data are
available, the Low Guidance Level is determined by first calculating the difference between the Current
P10 and the Current P90 and comparing this to the region-specific Reference Lake Water Regime 90
(RLWR90), then:
a. If the Current lake specific P10-P90 difference is greater than the RLWR 90, it is
assumed the lake is impacted by water withdrawals, therefore, the Low Guidance Level is estimated by
subtracting the RLWR 90 from the HGL.
b. If the Current lake specific P10-P90 difference is less than the RLWR 90, then the
Low Guidance Level is estimated by subtracting the Current lake specific P10-P90 difference from the
HGL.
3. The HGL minus the region-specific RLWR 90 value if competent Historic or Current
data are not available.
(11) Posted Notice.
(a) Staff gauges will be installed in prominent locations on each lake for which Guidance Levels
or Minimum Levels have been established. A notice shall be posted in the immediate proximity of the
staff gauge indicating that Levels have been established.
(b) The notice shall indicate the elevations of the Guidance Level(s) and the established
Minimum Level(s).

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(12) Levels for lakes established during or after August 7, 2000, are set forth in the following table.
After the High Minimum Lake Level and Minimum Lake Level elevation for each lake is a designation
indicating the Method used, as described in subsection 40D-8.624(8), F.A.C., to establish the level.
Compliance with the High Minimum and Minimum Lake Levels is determined pursuant to paragraphs
(6)(b) and (7)(b) above. Guidance Levels established prior to August 7, 2000, are set forth in Table 8-3 in
subsection 40D-8.624(13), F.A.C., below.

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
(a) In Charlotte
County Within
the Peace River
Basin
RESERVED
(b) In Citrus
County Within
the Coastal
Rivers Basin
RESERVED
(c) In Citrus Fort Cooper, Lake 30.9' 30.1' 28.7' 26.7'
County Within S-27, T-19S, R-20E (CAT 3) (CAT 3)
the
Withlacoochee
River Basin
Tsala Apopka, Lake 41.8' 41.2' 39.8' 39.6'
(Lakes and wetlands (CAT 1) (CAT 1)
comprising the
Floral City Pool),
S-14, T-20S, R-20E
Tsala Apopka, Lake 39.0' 38.7' 37.3' 35.9'
(Lakes and wetlands (CAT 1) (CAT 1)
comprising the
Hernando Pool),
S-26, T-18S, R-19E
Tsala Apopka, Lake 40.3' 40.1' 38.7' 37.8'
(Lakes and wetlands (CAT 1) (CAT 1)
comprising the
Inverness Pool),
S-08, T-19S, R-20E
(d) In DeSoto
County Within
the Peace River
Basin
RESERVED

8-22
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
(e) In Hardee
County Within
the Peace River
Basin
RESERVED
(f) In Hernando Hunters, Lake 19.3' 19.3' 17.1' 13.7'
County Within S-32, T-23S, R-17E (CAT 3) (CAT 3)
the Coastal
Rivers Basin
Weekiwachee 22.6' 21.4' 18.3' 17.5'
Prairie, Lake (CAT 3) (CAT 3)
(Lake Theresa)
S-23, T-23S, R-17E
(g) In Hernando
County Within
the
Hillsborough
River Basin
RESERVED
(h) In Hernando Lindsey, Lake 68.5' 68.5' 66.1' 63.9'
County Within S-25, T-21S, R-19E (CAT 2) (CAT 2)
the
Withlacoochee
River Basin
Mountain, Lake 102.8' 102.8' 99.5' 96.3'
S-16, T-23S, R-20E (CAT 3) (CAT 3)
Neff, Lake 102.2' 102.2' 94.5' 87.4'
S-20, T-23S, R-20E (CAT 3) (CAT 3)
Spring, Lake 181.6' 180.1' 179.0' 179.0'
S-15, T-23S, R-20E (CAT 3) (CAT 3)
(i) In Highlands Angelo, Lake 102.1' 101.3' 100.0' 99.6'
County Within S-25, T-33S, R-28E (CAT 3) (CAT 3)
the Peace River
Basin
Anoka, Lake 123.6' 122.8' 121.7' 121.2’
S-27, T-33S, R-28E (CAT 3) (CAT 3)
Denton, Lake 114.9' 114.1' 112.8' 112.4'
S-02, T-34S, R-28E (CAT 3) (CAT 3)
Jackson, Lake 102.6' 102.4' 101.3' 100.2'
S-30, T-34S, R-29E (CAT 3) (CAT 3)

June-In-Winter, 74.7' 74.5' 74.0' 73.2'


Lake (CAT 3) (CAT 3)
S-34, T-36S, R-29E

8-23
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
Letta, Lake 99.5' 99.5' 98.4' 97.1'
S-31, T-33S, R-29E (CAT 3) (CAT 3)
Little Jackson, Lake 102.6' 102.4' 101.3' 100.2'
S-06, T-35S, R-29E (CAT 3) (CAT 3)
Lotela, Lake 107.5' 106.8' 105.7' 105.0'
S-26, T-33S, R-28E (CAT 3) (CAT 3)

Placid, Lake 93.4' 92.6' 91.4' 90.9'


S-24, T-37S, R-29E (CAT 3) (CAT 3)
Tulane, Lake 118.7' 117.9' 116.6' 116.2'
S-27, T-33S, R-28E (CAT 3) (CAT 3)
Verona, Lake 118.2' 117.4' 115.8' 115.1'
S-23, T-33S, R-28E (CAT 3) (CAT 3)
(j) In
Hillsborough
County Within
the Alafia River
Basin
RESERVED
(k) In Stemper, Lake 61.2' 60.8' 59.4' 59.1'
Hillsborough S-13, T-27, R-18 (CAT 1) (CAT 1)
County Within (Levels in feet
the NGVD)
Hillsborough
River Basin
(l) In Alice, Lake 40.9' 40.9' 39.9' 38.8'
Hillsborough S-16, T-27, R-17 (CAT 2) (CAT 2)
County Within
the Northwest
Hillsborough
Basin
Allen, Lake 61.8' 61.8' 60.7' 59.7'
S-10, T-27S, R-18E (CAT 1) (CAT 1)
Barbara, Lake 53.15' 53.15' 52.15' 51.05'
S-19, T-27, R-18 (CAT 3) (CAT 3)
Bird, Lake 49.6' 49.6' 48.6' 47.5'
S-26, T-27, R-18 (CAT 2) (CAT 2)
Brant, Lake 58.0' 58.0' 57.0' 55.9'
S-23, T-27, R-18 (CAT 2) (CAT 2)
Calm, Lake 49.41' 49.41' 48.41' 47.31'
S-14, T-27, R-17 (CAT 3) (CAT 3)
Charles, Lake 54.2' 53.8' 52.4' 52.1'
S-23, T-27, R-18 (CAT 1) (CAT 1)

8-24
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
Church, Lake 35.64' 35.64' 34.64' 33.54'
S-28, T-27, R-17 (CAT 3) (CAT 3)
Crenshaw, Lake 55.5' 54.45' 53.45' 53.4'
S-22, T-27, R-18 (CAT 3) (CAT 3)
Crescent, Lake 41.9' 41.3' 40.3' 39.8'
S-10, T-27S, R-17E (CAT 3) (CAT 3)
Crystal, Lake 59.8' 59.8' 58.8' 57.7'
S-14, T-27, R-18 (CAT 2) (CAT 2)
Cypress, Lake 48.89' 48.89' 47.89' 46.79'
S-24, T-27, R-17 (CAT 3) (CAT 3)
Dan, Lake 32.5' 31.9' 30.9' 30.4'
S-6, T-27, R-17 (CAT 3) (CAT 3)
Deer, Lake 66.5' 66.5' 65.5' 64.4'
S-1, T-27, R-18 (CAT 2) (CAT 2)
Dosson, Lake 53.4' 53.4' 52.4' 51.3'
S-20, T-27, R-18 (CAT 2) (CAT 2)
Echo, Lake 35.64' 35.64' 34.64' 33.54'
S-28, T-27, R-17 (CAT 3) (CAT 3)
Ellen, Lake 53.15' 53.15' 52.15' 51.05'
S-19, T-27, R-18 (CAT 3) (CAT 3)
Fairy (Maurine), 33.41' 33.41' 32.41' 31.31'
Lake (CAT 3) (CAT 3)
S-34, T-27, R-17
Garden, Lake 31.5' 30.5' 29.5' 29.4'
S-17, T-27, R-17 (CAT 3) (CAT 3)
Halfmoon, Lake 43.3' 43.3' 42.3' 41.2'
S-31, T-27, R-18 (CAT 2) (CAT 2)
Harvey, Lake 61.8' 61.8' 60.7' 59.7'
S-3, T-27S, R-18E (CAT 1) (CAT 1)
Helen, Lake 53.15' 53.15' 52.15' 51.05'
S-19, T-27, R-18 (CAT 3) (CAT 3)
Hobbs, Lake 65.46' 65.46' 64.46' 63.36'
S-1, T-27, R-18 (CAT 2) (CAT 2)
Horse, Lake 46.9' 45.8' 44.8' 44.8'
S-26, T-27, R-17 (CAT 3) (CAT 3)
Jackson, Lake 33.0' 33.0' 32.0' 30.9'
S-17, T-27, R-17 (CAT 2) (CAT 2)
Juanita, Lake 41.7' 41.7' 40.7' 39.6'
S-22, T-27, R-17 (CAT 2) (CAT 2)
Little Moon, Lake 39.1' 39.1' 38.1' 37.0'
S-28, T-27, R-17 (CAT 2) (CAT 2)
Merrywater, Lake 55.8' 55.8' 54.8' 53.7'
S-22, T-27, R-18 (CAT 2) (CAT 2)

8-25
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
Mound, Lake 50.2' 50.7' 49.3' 48.3'
S-11, T-27, R-17 (CAT 1) (CAT 1)
Platt, Lake 49.7' 49.5' 48.1' 45.5'
S-35, T-27, R-18 (CAT 1) (CAT 1)
Pretty, Lake 44.3' 43.9' 42.5' 42.2'
S-26, T-27S, R-17E (CAT 1) (CAT 1)
Rainbow, Lake 39.1' 39.1' 38.1' 37.0'
S-22, T-27, R-17 (CAT 2) (CAT 2)
Raleigh, Lake RESERVED RESERVED RESERVED RESERVED
S-27, T-27, R-17 (CAT 3) (CAT 3)
Reinheimer, Lake 58.6' 58.9' 57.5' 56.5'
S-15, T-27, R-18 (CAT 1) (CAT 1)
Rogers, Lake RESERVED RESERVED RESERVED RESERVED
S-27, T-27, R-17 (CAT 3) (CAT 3)
Round, Lake 55.6' 54.5' 53.5' 53.5'
S-22, T-27, R-18 (CAT 3) (CAT 3)
Saddleback, Lake 54.58' 54.58' 53.58' 52.48'
S-22, T-27, R-18 (CAT 2) (CAT 2)
Sapphire, Lake 63.4' 63.0' 61.6' 61.3'
S-14, T-27, R-18 (CAT 1) (CAT 1)
Starvation, Lake RESERVED RESERVED RESERVED RESERVED
S-21, T-27, R-18 (CAT 3) (CAT 3)
Strawberry (North 60.1' 60.1' 59.1' 58.0'
Crystal), Lake (CAT 3) (CAT 3)
S-14, T-27, R-18
Sunset, Lake 34.8' 34.4' 33.0' 32.7'
S-17, T-27, R-17 (CAT 1) (CAT 1)
Sunshine, Lake 53.4' 53.4' 52.4' 51.3'
S-20, T-27, R-18 (CAT 2) (CAT 2)
Taylor, Lake 38.2' 38.2' 37.2' 36.1'
S-16, T-27S, R-17E (CAT 2) (CAT 2)
Virginia, Lake 61.8' 61.8' 60.7' 59.7'
S-3, T-27S, R-18E (CAT 1) (CAT 1)
(m) In Lake
County Within
the Green
Swamp Basin
RESERVED
(n) In Levy Marion, Lake 55.3' 54.6' 50.7' 47.7'
County Within S-02, T-14S, R-17E (CAT 3) (CAT 3)
the
Withlacoochee
River Basin

8-26
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
(o) In Manatee
County Within
the Manasota
River Basin
RESERVED
(p) In Marion
County Within
the
Withlacoochee
River
Basin
RESERVED
(q) In Pasco Big Fish, Lake 76.05' 75.65' 73.05' 71.75'
County Within S-21, T-24, R-19 (CAT 3) (CAT 3)
the Coastal
Rivers Basin
Green, Lake 74.4' 74.2' 71.9' 70.0'
S-16, T-26, R-18 (CAT 2) (CAT 2)
Moon, Lake 39.9' 39.9' 38.3' 36.2'
S-28, T-25, R-17 (CAT 3) (CAT 3)
Pasco Lake 66.1' 65.3' 61.8' 59.7'
S-22, T-24S, R-18E (CAT 3) (CAT 3)
Pierce Lake 72.7' 72.2' 70.5' 68.9'
S-9, T-25S, R-18E (CAT 3) (CAT 3)
Unnamed Lake 60.1' 59.3' 55.8' 53.7'
No. 22 (CAT 3) (CAT 3)
S-27, T-24S, R-18E
(r) In Pasco
County Within
the Green
Swamp Basin
RESERVED
(s) In Pasco Bell, Lake 71.6' 70.8' 69.4' 69.2'
County Within S-13, T-26, R-18 (CAT 1) (CAT 1)
the
Hillsborough
County Basin
Bird, Lake 66.8' 66.6' 65.2' 64.3'
S-36, T-26, R-18 (CAT 1) (CAT 1)
Buddy, Lake 93.7' 93.7' 87.3' 83.9'
S-17, T-25S, R-21E (CAT 3) (CAT 3)
Hancock, Lake 102.5' 102.5' 100.2' 97.7'
S-5, T-24S, R-20E (CAT 3) (CAT 3)

8-27
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
Iola, Lake 147.3' 146.5' 141.9' 138.6'
S-15, T-24S, R-20E (CAT 3) (CAT 3)
Jessamine Lake 141.1' 140.3' 133.3' 127.1'
S-11, T-24S, R-20E (CAT 3) (CAT 3)
King Lake 73.1' 72.4' 70.8' 69.7'
S-7, T-26S, R-19E (CAT 1) (CAT 1)
King Lake (East) 105.7' 105.1' 102.7' 101.4'
S-22, T-25S, R-20E (CAT 3) (CAT 3)
Middle, Lake 103.1' 102.5' 100.2' 99.2'
S-4, T-24S, R-20E (CAT 3) (CAT 3)
Padgett, Lake 70.5' 70.5' 69.5' 68.4'
S-24, T-26, R-18 (CAT 1) (CAT 1)
Pasadena, Lake 93.7' 93.7' 87.3' 83.9'
S-16, T-25S, R-21E (CAT 3) (CAT 3)
(t) In Pasco Camp, Lake 63.8' 63.4' 62.0' 61.3'
County Within S-34, T-26, R-18 (CAT 1) (CAT 1)
the Pinellas-
Anclote River
Basin
Linda, Lake 66.3' 66.2' 64.7' 63.6'
S-26, T-26S, R-18E (CAT 3) (CAT 3)
Parker (Ann), Lake 48.3' 48.1' 46.7' 46.2'
S-35, T-26, R-17 (CAT 1) (CAT 1)
(u) In Pasco Clear, Lake 127.0' 127.0' 125.7' 123.7'
County Within S-1, T-25S, R-20E (CAT 3) (CAT 3)
the
Withlacoochee
River Basin
(v) In Pinellas
County Within
the Pinellas-
Anclote River
Basin
RESERVED
(w) In Polk
County Within
the Alafia River
Basin
RESERVED
(x) In Polk
County Within
the Green
Swamp Basin
RESERVED

8-28
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
(y) In Polk
County Within
the
Hillsborough
River Basin
RESERVED
(z) In Polk Annie, Lake 116.0' 115.2' 112.8' 111.7'
County Within S-3, T-29S, R-27E (CAT 3) (CAT 3)
the Peace River
Basin
Bonnie, Lake 105.9' 105.8' 102.1' 99.8'
S-31, T-29S, R-28E (CAT 3) (CAT 3)
Clinch Lake 105.5' 105.5' 104.4' 103.1'
S-31, T-31S, R-28E (CAT 3) (CAT 3)
Crooked, Lake 121.2' 120.8' 117.9' 116.4'
S-01, T-31S, R-27E (CAT 3) (CAT 3)
Dinner Lake 114.4' 113.6' 110.6' 109.1'
S-15, T-29S, R-27E (CAT 3) (CAT 3)
Eagle Lake 129.6' 129.0' 127.9' 127.2'
S-01, T-29S, R-25E (CAT 3) (CAT 3)
Lee, Lake 116.8' 116.0' 113.9' 113.1'
S-10, T-29S, R-27E (CAT 3) (CAT 3)
Mabel, Lake 107.5' 106.7' 103.9' 102.5'
S-11, T-29S, R-27E (CAT 3) (CAT 3)
McLeod Lake 129.4' 129.4' 128.3' 127.0'
S-07, T-29S, R-26E (CAT 3) (CAT 3)
Parker, Lake 130.6' 130.6' 129.6' 129.0'
S-8, T-28S, R-24E (CAT 3) (CAT 3)
Starr, Lake 105.8' 105.0' 102.1' 100.7'
S-14, T-29S, R-27E (CAT 3) (CAT 3)
Venus Lake 121.2' 120.4' 118.2' 117.4'
S-9, T-29S, R-27E (CAT 3) (CAT 3)
Wales Lake ND 107.7' 106.6' ND
S-01, T-30S, R-27E (CAT 3) (CAT 3)
(aa) In Sarasota
County Within
the Manasota
Basin
RESERVED
(bb) In Sumter
County Within
the Green
Swamp Basin
RESERVED

8-29
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-2 Minimum and Guidance Levels Established During or After August 7, 2000. Levels are
elevations, in feet above the National Geodetic Vertical Datum of 1929.
Location by Name of Lake and High High Minimum Low
County and Section, Township Guidance Minimum Lake Level Guidance
Basin and Range Level Lake Level Level
Information
(cc) In Sumter Big Gant, Lake 76.1' 76.3' 74.9' 73.4'
County Within S-14, T-22S, R-22E (CAT 1) (CAT 1)
the
Withlacoochee
River Basin
Black, Lake 54.7' 53.9' 51.3' 49.6'
S-23, T-18S, R-23E (CAT 3) (CAT 3)
Deaton, Lake 65.2' 64.8' 63.2' 62.2'
S-14, T-19S, R-23E (CAT 3) (CAT 3)
Miona, Lake 54.7' 53.9' 51.3' 49.6'
S-27, T-18S, R-23E (CAT 3) (CAT 3)
Okahumpka, Lake 58.1' 58.1' 56.7' 55.0'
S-21, T-19S, R-23E (CAT 1) (CAT 1)
Panasoffkee, Lake 40.5' 40.8' 39.4' 38.9'
S-29, T-19S, R-22E (CAT 1) (CAT 1)

(13) Guidance Levels established for lakes prior to August 7, 2000, are set forth in the following
table:

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
(a) In Charlotte County
Within the Peace River
Basin
(b) In Citrus County Within
the Coastal Rivers Basin
(c) In Citrus County Within
the Withlacoochee River
Basin
Bradley, Lake 42.50' 40.25' 38.25'
S23, T20S, R20E
Cato, Lake 38.00' 35.50' 34.00'
S5, T19, R20
Connell, Lake 35.50' 32.00' 30.00'
S6, T19, R20
Cooter, Lake 40.50' 38.25' 36.25'
S17, T19, R20
Hog Pond, Lake (Nina) 34.50' 32.00' 30.00'
S2, T19, R19
Holden, Lake (Inverness) 32.00' 29.50' 28.00'
S32, T19, R20

8-30
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Magnolia, Lake 31.00' 28.50' 27.00'
S3, T20, R20
Rush, Lake (Williams) 35.75' 33.25' 31.25'
S03, T17, R18
Little, Lake (Consuella) 41.50' 39.00' 37.25'
S15, T20S, R20E
Twin, Lake 37.00' 35.00' 33.00'
S6, T19, R20
(d) In DeSoto County Within
the Peace River Basin
(e) In Hardee County Within
the Peace River Basin
(f) In Hernando County
Within the Coastal Rivers
Basin
(g) In Hernando County
Within the Hillsborough
River Basin
LAKES
Nicks, Lake 113.00' 110.50' 108.50'
S29, T23S, R20E
St. Clair, Lake 113.00' 110.50' 108.50'
S33, T23S, R20E
(h) In Hernando County
Within the Withlacoochee
River Basin
LAKES
Elizabeth, Lake 60.25' 57.00' 55.50'
S11, T23S, R21E
Francis, Lake 60.25' 57.00' 55.50'
11, 23S, 21E
Geneva, Lake 60.25' 57.00' 55.50'
11, 23S, 21E
Sparkman, Lake 91.50' 89.00' 88.00'
24, 23S, 19E
(i) In Highlands County
Within the Peace River
Basin
LAKES
Sec. Twsp. Rng.
Adelaide, Lake 106.50' 104.00' 102.50'
5, 33S, 28E
Apthhorpe, Lake 71.50' 68.00' 66.00'
18, 36S, 30E
Blue, Lake 77.50' 75.00' 73.50'
30, 36S, 30E

8-31
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Bonnet, Lake 90.75' 88.00' 86.00'
8, 34S, 29E
Brentwood, Lake 102.75' 99.50' 98.00'
10, 33S, 28E
Buck, Lake 94.00' 91.50' 89.50'
29, 37S, 30E
Byrd, Lake 108.25' 105.50' 104.00'
9, 33S, 28E
Carrie, Lake 75.50' 73.00' 72.50'
21, 36S, 29E
Charlotte, Lake 93.75' 91.25' 89.75'
17, 35S, 29E
Chilton, Lake 114.00' 111.00' 109.50'
7, 33S, 28E
Clay, Lake 78.75' 76.00' 75.00'
29, 36S, 30E
Crews, Lake 119.50' 117.00' 115.50'
32, 36S, 29E
Damon, Lake 101.00' 98.00' 95.00'
3, 33S, 28E
Dinner, Lake 102.50' 98.50' 97.00'
17, 34S, 29E
Francis, Lake 70.50' 67.50' 66.50'
22, 36S, 29E
Glenada, Lake 120.00' 117.00' 115.50'
34, 33S, 28E
Grassy, Lake 91.50' 88.50' 87.50'
17, 37S, 30E
Harry, Lake 67.50' 63.00' 62.00'
1, 36S, 29E
Henry, Lake 75.50' 73.00' 72.50'
25, 36S, 29E
Hill, Lake 99.25' 96.00' 94.50'
17, 36S, 29E
Huckleberry, Lake 104.50' 102.00' 101.00'
7, 35S, 29E
Huntley, Lake 83.75' 81.00' 79.50'
5, 37S, 30E
Josephine, Lake 72.50' 69.00' 68.50'
32, 35S, 29E
Lake Lachard 78.50' 76.00' 74.00'
36, 36S, 29E
Lelia, Lake 114.50' 112.50' 110.50'
34, 33S, 29E
Little Bonnet, Lake 100.00' 97.00' 96.00'
36, 33S, 28E

8-32
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Little Red Water, Lake 103.25' 100.50' 98.50'
14, 36S, 29E
Lost, Lake 88.00' 84.00' 82.75'
12, 37S, 29E
McCoy, Lake 87.00' 84.00' 82.00'
6, 37S, 30E
Mirror, Lake 93.50' 90.00' 88.00'
7, 37S, 30E
Center Nellie 71.50' 67.00' 65.00'
13, 36S, 29E
Nellie N.W., Lake 71.50' 67.00' 65.00'
13, 36S, 29E
Nellie S.E., Lake 71.50' 67.00' 65.00'
13, 36S, 29E
Olivia, Lake 117.50' 114.50' 113.00'
6, 33S, 28E
Pearl, Lake 87.00' 84.00' 82.00'
6, 37S, 30E
Persimmon, Lake 68.25' 65.00' 63.50'
10, 36S, 29E
Pioneer, Lake 108.00' 104.50' 103.00'
11, 33S, 28E
Pythias, Lake 101.00' 98.00' 95.00'
2, 33S, 28E
Red Beach Lake 76.50' 73.75' 72.75'
15, 35S, 29E
Red Water Lake 70.50' 67.50' 66.50'
14, 36S, 29E
Ruth, Lake 94.00' 91.50' 90.00'
18, 35S, 29E
Saddlebags, Lake 84.00' 81.00' 79.00'
6, 37S, 30E
Sebring, Lake 107.25' 104.50' 103.00'
14, 34S, 28E
Simmons, Lake 72.50' 68.00' 66.50'
24, 36S, 29E
Sirena, Lake 87.00' 84.00' 82.00'
1, 37S, 29E
Trout, Lake 101.00' 98.00' 95.00'
34, 32S, 28E
Unnamed Lake (B) 91.50' 88.50' 87.50'
20, 37S, 30E
Unnamed Lake (F) 78.00' 74.00' 72.00'
24, 36S, 29E
Viola, Lake 109.50' 105.75' 104.00'
14, 33S, 28E

8-33
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Wolf Lake 92.50' 90.00' 88.00'
24, 35S, 28E
(j) In Hillsborough County
Within the Alafia River
Basin
LAKES
Carlton, Lake 93.50' 90.50' 88.00'
Edward Medard Reservoir 62.75' 57.50' 56.00'
Grady, Lake 39.00' 36.00' 34.00'
Hickory Hammock, Lake 32.25' 30.50' 29.00'
Unnamed Lake #2 56.00' NO RECOMMENDATION
Wimauma, Lake 86.75' 83.00' 81.00'
(k) In Hillsborough County
Within the Hillsborough
River Basin
LAKES
Bellows, Lake (East Lake) 23.75' 21.50' 19.00'
Burrell, Lake 50.00' 47.50' 45.00'
Commiston, Lake 63.00' 60.50' 59.00'
Eckles, Lake 32.50' 30.00' 28.00'
Egypt, Lake 37.50' 35.00' 32.50'
Gornto, Lake 38.50' 36.00' 34.00'
Hanna, Lake 62.50' 59.50' 58.25'
Hart, Lake 66.00' 64.00' 63.00'
Hog Island, Lake 66.00' 64.00' 61.00'
Hooker, Lake 45.00' 43.00' 42.00'
Kathy, Lake 43.50' 42.50' 42.00'
Keene, Lake 63.00' 60.50' 59.00'
Kell, Lake 66.00' 63.50' 62.50'
Long, Lake 50.25' 48.00' 46.00'
Long Pond 46.50' 44.00' 42.00'
Mud, Lake (Lake Walden) 115.00' 112.50' 110.50'
Thonotosassa, Lake 37.00' 34.50' 33.00'
Unnamed Lake 63.00' 60.50' 59.00'
Unnamed Lake 61.00' 58.50' 57.00'
Valrico, Lake 45.00' 42.50' 41.00'
Weeks, Lake 43.25' 41.00' 39.50'
(l) In Hillsborough County
Within the Northwest
Hillsborough Basin
LAKES
Sec. Twsp. Rng.

SWEETWATER CREEK WATERSHED


Avis, Lake 37.00' 34.50' 32.50'

8-34
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
15, 28S, 18E
Bay, Lake 46.75' 44.00' 42.50'
Boat, Lake 35.50' 33.75' 31.25'
Brooker, Lake 64.25' 61.00' 59.00'
Carroll, Lake 37.00' 34.50' 32.50'
Chapman, Lake 52.25' 49.50' 48.00'
Cooper, Lake 61.75' 59.75' 57.00'
Elaine, Lake 37.00' 34.50' 32.50'
15, 28S, 18E
Gass, Lake 49.50' 46.25' 44.50'
George, Lake 48.00' 45.00' 42.00'
Geraci, Lake 63.50' 61.50' 59.50'
Halls, Lake 50.00' 47.50' 46.00'
3, 28S, 18E
Lipsey, Lake 41.50' 39.00' 37.00'
Magdalene, Lake 50.00' 47.50' 46.00'
Thomas, Lake 63.50' 61.25' 59.25'
Twin, Lake 32.00' 30.00' 27.75'
White Trout, Lake 36.50' 34.00' 32.50'

ROCKY CREEK WATERSHED


Armistead, Lake 44.00' 40.50' 39.00'
Browns, Lake 63.50' 60.75' 59.00'
Josephine, Lake 46.00' 42.75' 40.00'
LeClare, Lake 52.00' 49.50' 47.00'
Rock, Lake 46.00' 42.75' 40.00'
Starvation, Lake 53.00' 50.00' 48.00'
Turkey Ford, Lake 54.00' 51.50' 50.00'

DOUBLEBRANCH CREEK WATERSHED


Hixon, Lake 36.50' 33.25' 31.00'
Unnamed Lake #1 37.50' 35.00' 34.50'
2, 28S, 17E
Unnamed Lake #2 37.50' 35.00' 34.50'
2, 28S, 17E

BROOKER CREEK WATERSHED


Artillery, Lake 44.00' 40.50' 39.00'
3, 27S, 17E
Buck, Lake 35.00' 32.00' 29.50'
Elizabeth, Lake 53.00' 51.00' 49.00'
Fern, Lake 46.00' 43.00' 41.50'
Frances, Lake 40.50' 38.00' 36.00'
Island Ford, Lake 41.50' 39.00' 37.00'

8-35
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
James, Lake 46.50' 43.50' 42.00'
23, 27S, 17E
Keystone, Lake 42.00' 39.75' 39.00'
Little, Lake 46.50' 43.50' 42.00'
23, 27S, 17E
Raleigh, Lake 42.50' 38.00' 35.00'
Rogers, Lake NO LEVELS RECOMMENDED
Velburton, Lake 40.00' 37.25' 35.00'

ANCLOTE RIVER WATERSHED


Hiawatha, Lake 50.50' 48.00' 45.00'
Osceola, Lake 46.50' 44.50' 42.50'
(m) In Lake County Within
the Green Swamp Basin
(n) In Levy County Within
the Withlacoochee River
Basin
(o) In Manatee County
Within the Manasota Basin
(p) In Marion County Within
the Withlacoochee River
Basin
Bonable, Lake 64.00' 61.50' 59.50'
S31, T15, R18
Little Bonable, Lake 58.00' 55.50' 53.50'
S30 , T15, R18
Tiger, Lake 64.00' 61.50' 59.50'
S32, T15, R18
(q) In Pasco County Within
the Coastal Rivers Basin
LAKES
Crews, Lake 55.00' 52.00' 50.00'
S16 , 24S, R18E
Garden, Lake 19.00' 16.25' 15.75'
S16, T25S, R16E
Richey, Lake 13.00' 10.00' 8.00'
S3, T26S, R16E
Worrell, Lake (Bass Lake) 19.00' 16.25' 15.75'
S26 , T25S, R16E
(r) In Pasco County Within
the Green Swamp Basin
(s) In Pasco County Within
the Hillsborough River Basin
LAKES
Catfish, Lake 68.00' 65.50' 63.50'
S30, T25, R19

8-36
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Cow (East), Lake 78.50' 76.00' 75.00'
S19 , T26S, R19E
Floyd, Lake 68.50' 66.00' 64.00'
S36, T26, R19
Gooseneck, Lake 73.50' 71.00' 69.00'
S29 , T26, R19
Hog (Joyce), Lake 76.50' 73.50' 72.50'
S19 , T26S, R19E
JoAnn, Lake 68.00' 65.50' 63.50'
S30, T26, R19
Moody, Lake 110.00' 107.50' 105.50'
S10, T24S, R20E
Myrtle, Lake 68.00' 65.50' 63.50'
S30, T26, R19
Saxon, Lake 71.25' 69.00' 67.50'
S30, T26S, R19E
Tampa (Turtle), Lake 65.50' 63.00' 61.00'
S32 , T26, R19
Toni, Lake 68.00' 65.50' 63.50'
S30 , T26, R19
Twin, Lake 67.50' 65.00' 63.00'
S28, T26, R19
Unnamed Lake #26 68.00' 65.50' 63.50'
S25, T26, R18
(t) In Pasco County Within
the Pinellas-Anclote River
Basin
LAKES
Bass, Lake (Holiday) 48.75' 45.75' 45.00'
S34, T26E, R17S
Big Lake Vienna 70.25' 67.00' 65.00'
23, 26, 18
Fishing, Lake 48.75' 45.75' 45.00'
S34 , T26E, R17S
Geneva, Lake (Mud) 50.00' 48.00' 46.00'
S26 , T26E, R17S
Little Moss (Como), Lake 66.00' 63.00' 62.00'
35, 26, 18
Minniola, Lake 50.00' 48.00' 46.00'
S34, T26E, R17S
Moss, Lake 64.00' 61.50' 59.00'
35, 26, 18
Seminole, Lake 48.75' 46.00' 45.00'
S35 , T26E, R17S
Thomas, Lake 75.00' 72.50' 71.50'
11, 26, 18

8-37
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Wistaria, Lake 74.00' 71.00' 69.00'
2, 26, 18
(u) In Pasco County Within
the Withlacoochee River
Basin
LAKES
(v) In Pinellas County
Within the Pinellas-Anclote
River Basin
LAKES
Lake Tarpon 3.80' 2.20' 1.00'
Sec.Twsp.Rng.
7, 27S , 16E
8, 27S , 16E
16, 27S , 16E
17, 27S , 16E
18, 27S , 16E
19, 27S , 16E
20, 27S , 16E
21, 27S , 16E
28, 27S , 16E
29, 27S , 16E
30, 27S , 16E
32, 27S , 16E
33, 27S , 16E
4, 28S , 16E
(w) In Polk County Within
the Alafia River Basin
LAKES
Scott, Lake 168.00' 165.00' 164.25'
(x) In Polk County Within
the Green Swamp Basin
LAKES
Agnes, Lake 135.75' 134.75' 130.75'
Alfred, Lake 130.75' 128.25' 126.25'
S30, T27S, R26
Arietta, Lake 144.00' 141.00' 138.00'
Camp, Lake 134.50' 132.00' 130.00'
Clearwater Lake 143.50' 141.00' 139.00'
Cummings, Lake 131.00' 127.50' 125.50'
S31, T27, R26
Eva, Lake 131.50' 129.00' 127.00'
S29 , T27, R26
Grassy, Lake (Big Glades) 132.00' 129.50' 128.00'
Griffin, Lake 131.50' 129.00' 127.00'
S30 , T27, R26

8-38
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Gum, Lake 131.00' 128.50' 126.00'
Haines, Lake 128.75' 126.50' 124.50'
Helene, Lake 144.00' 141.00' 139.00'
Juliana, Lake 132.50' 130.00' 127.50'
Little Lake Agnes 136.00' 133.00' 131.00'
Little Van, Lake 139.00' 136.50' 135.50'
Mattie, Lake 132.50' 130.00' 127.50'
Mud, Lake 141.50' 137.75' 136.00'
Myrtle, Lake 141.00' 138.50' 136.50'
Swoope, Lake 132.50' 130.00' 128.00'
Tennessee, Lake 134.00' 130.00' 128.00'
Van, Lake 132.75' 130.00' 128.00'
Whistle, Lake 137.50' 135.00' 133.75'
(y) In Polk County Within
the Hillsborough River Basin
LAKES
Bonnet, Lake 148.00' 145.00' 142.50'
Hunter, Lake 162.75' 160.25' 159.00'
(z) In Polk County Within
the Peace River Basin
Ada, Lake 123.00' 120.00' 118.00'
S33 , T28, R27
Altamaha, Lake 122.50' 120.00' 118.00'
S11 , T30, R27
Amoret, Lake 115.25' 113.00' 111.00'
24, 30, 27
Ariana, Lake 137.00' 134.50' 132.50'
3, 28, 25E
Aurora, Lake 100.00' 97.00' 95.00'
13, 30, 28
Banana, Lake 106.50' 103.50' 102.00'
10, 29, 24E
Belle, Lake 120.00' 117.00' 115.00'
11, 30, 27
Bess, Lake 125.25' 123.00' 121.00'
18, 29S, 27E
Big Gum, Lake 95.00' 92.00' 89.00'
26, 29, R28
Blue, Lake 149.00' 146.50' 144.50'
S13, T28, R25
Blue Lake 117.00' 114.00' --
24, 30S, 27E
Bonny, Lake 130.50' 128.00' 126.00'
20, 28S, 24E

8-39
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Buckeye, Lake 129.00' 126.00' 124.50'
S22, T28S, R26E
Buffum, Lake 132.25' 129.25' --
12, 31S, 26E
Cannon, Lake 132.00' 129.50' 127.00'
19, 28S, 26E
Connie, Lake 128.75' 126.50' 124.50'
9, 28S, 26E
Cooper (Worth) 123.50' 121.00' 119.00'
S02, T30, R27
Crystal, Lake 121.25' 118.00' 115.00'
S02, T30, R27
Crystal, Lake 122.00' 119.00' 117.00'
S21, T28, R27
Crystal, Lake 129.50' 127.00' 125.00'
23, 29S, 26E
Cypress, Lake 98.50' 95.00' 93.00'
36, 29, 28E
Lake Daisy 130.00' 127.00' 126.00'
S6, T29, R27
Lake Deer 140.75' 138.50' 136.50'
25, 28, 25E
Dell, Lake 123.75' 121.50' 119.50'
S28, T28, R27
Lake Dexter 132.00' 129.00' 127.50'
S2, T29, R26
Easy, Lake 115.25' 113.00' 111.00'
19, 30, 28
Echo, Lake 131.00' 128.00' 126.00'
S05, T28, R26
Effie, Lake 118.00' 115.00' 113.00'
3, 30, 27
Elbert, Lake 135.50' 133.00' 131.50'
S22 , T28, R26
Eloise, Lake 132.00' 129.50' 127.00'
3, 29S, 26E
Fannie, Lake 125.75' 123.50' 120.00'
11, 28S, 26E
Lake Florence 128.75' 127.00' 125.00'
S35, T28, R26
Lake Fox 135.00' 132.00' 131.00'
S6, T29, R27
Garfield, Lake 104.75' 101.00' 100.00'
5, 30, 26E
Gator, Lake 133.00' 130.75' 128.50'
26, 30S, 26E

8-40
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
George, Lake 130.00' 127.50' 125.50'
S06 , T28, R26
Gibson, Lake 143.50' 141.50' 141.50'
25, 27S , 23E
Gordon, Lake 119.00' 116.00' 114.00'
S16 , T28, R27
Lake Grassy 129.00' 126.50' 125.50'
2, 29, 25E
Lake Gross (Grassy) 136.00' 133.50' 132.00'
S14, T29, R26
Hamilton, Lake 121.50' 119.00' 117.25'
18, 28S, 27E
Hancock, Lake 99.00' 96.00' 94.00'
8, 29S, 25E
Hart, Lake 124.50' 122.00' 120.00'
24, 29S, 26E
Hartridge, Lake 132.00' 129.50' 127.00'
8, 28S, 26E
Henry, Lake 159.00' 156.00' 154.00'
16, 31S, 26E
Henry, Lake 126.50' 124.50' 122.50'
36, 27S, 26E
Hickory, Lake 98.50' 96.00' 94.00'
17, 32S, 28E
Howard, Lake 132.00' 129.50' 127.00'
30, 28S, 26E
Ida, Lake 79.00' 76.50' 75.00'
28, 31S, 28E
Ida, Lake 135.25' 132.00' 130.50'
S17, T28, R26
Idyl, Lake 134.00' 131.50' 130.00'
S16, T28, R26
Idylwild, Lake 132.00' 129.50' 127.00'
18, 28S, 26E
Jessie, Lake 132.00' 129.50' 127.00'
12, 28S, 25E
Josephine, Lake 120.00' 116.50' 114.50'
13, 30, 27
Josephine, Lake 121.50' 118.00' 116.50'
S27, T28, R27
Lee, Lake 123.50' 121.50' 120.00'
S16 , T28, R27
Lena, Lake 137.00' 134.50' 132.50'
9, 28S, 25E
Leonore, Lake 87.00' 84.50' 83.00'
10, 31S, 28E

8-41
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Link, Lake 128.00' 125.00' 123.00'
27, 28S, 26E
Little Aurora 100.50' 98.00' 96.00'
Little Gum, Lake 96.50' 94.00' 92.00'
35, 29S, 28E
Little Lake Hamilton 121.50' 119.00' 117.25'
5, 28S, 27E
LuLu, Lake 132.00' 129.50' 127.00'
4, 29S, 26E
Mariam, Lake 124.75' 122.75' 121.00'
27, 28S, 26E
Marie, Lake 121.00' 118.00' 116.00'
S27, T28, R27
Martha, Lake 142.00' 139.00' 137.00'
S21, T28, R26
Maude, Lake 140.50' 137.50' 136.00'
S21, T28, R26
May, Lake 132.00' 129.50' 127.00'
29, 28S, 26E
Medora, Lake 138.00' 134.50' 133.00'
S36 , T27, R25
Menzie, Lake 122.00' 120.00' 118.00'
S28, T28, R27
Middle Lake Hamilton 121.50' 119.00' 117.25'
7, 28S, 27E
Lake Millsite 123.50' 121.00' 119.00'
11, 29, 25E
Mirror, Lake 132.00' 129.50' 127.00'
20, 28S, 27E
Moody, Lake 93.50' 91.00' 89.00'
17, 31S, R28E
Myrtle, Lake 118.50' 116.50' 114.50'
19, 29S, 27E
Lake Ned 128.50' 126.00' 124.00'
S1, T29S, R26
North Lake Wales 115.00' 112.00' 110.00'
S01, T30, R27
Otis, Lake 128.00' 125.00' 123.00'
28, 28S, 25E
Pansy, Lake 129.00' 126.50' 124.50'
S08, T28, R26
Parker, Lake 122.00' 119.50' 117.50'
32, 29S, 27E
Parks, Lake 102.50' 100.00' 98.00'
36, 29S, 28E

8-42
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Polecat, Lake 142.00' 139.50' 137.50'
27, 30S, 26E
Reedy, Lake 79.75' 77.25' 75.25'
35, 31S, 28E
Reeves, Lake 124.50' 122.00' 120.00'
13, 29S, 26E
Lake River 139.50' 136.00' 134.00'
S1, T29, R26
Rochelle, Lake 128.75' 126.50' 124.50'
4, 28S, 26E
Round, Lake 129.25' 126.50' 124.50'
13, 29S, 26E
Roy, Lake 132.00' 129.50' 127.00'
34, 28S, 26E
Ruby, Lake 125.25' 123.00' 121.00'
12, 29S, 26E
Ruth, Lake 121.50' 117.50' 115.50'
S28 , T28, R27
Saddlebag, Lake 105.00' 102.00' 100.00'
6, 30S, 29E
Saint Anne Lake 96.00' 93.00' 91.00'
14, 30, 28
Sanitary (Mariana), Lake 137.50' 135.00' 133.00'
S01, T28, R25
Sara, Lake 121.50' 119.00' 117.25'
S17 , T28, R27
Scott, Lake 168.00' 165.00' 164.25'
18, 29S, 24E
Lake Sears 141.00' 138.00' 136.00'
36, 28, 25E
Serena, Lake 118.00' 115.00' 113.00'
S12, T30, R27
Shipp, Lake 132.00' 129.50' 127.00'
32, 28S, 26E
Silver, Lake 103.00' 100.50' 98.50'
5, 32S, 28E
Silver, Lake 146.50' 144.00' 142.00'
S20 , T28, R26
Smart, Lake 128.75' 126.50' 124.50'
9, 28S, 26E
Lake Spirit 131.50' 129.00' 127.00'
35, 28, 25E
Spring, Lake 132.00' 129.50' 127.00'
20, 28S, 27E
Streety, Lake 105.50' 102.50' 101.00'
24, 32S, 27E

8-43
MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Table 8-3 Guidance Water Levels adopted prior to August 7, 2000


Location of Impoundment by High Level in Feet Low Level in Feet Extreme Low Level in
County and Basin Above Mean Sea Above Mean Sea Feet Above Mean Sea
Level (msl) Level (msl) Level (msl)
Summit, Lake 132.00' 129.50' 127.00'
34, 28S, 26E
Sunset, Lake 98.00' 95.50' 93.50'
10, 30, 28
Surveyors, Lake 133.00' 130.75' 128.50'
26, 30S, 26E
Thomas, Lake 99.50' 97.00' 95.00'
1, 30E, 28E
Lake Thomas 132.00' 128.00' 126.00'
35, 28, 25E
Tractor, Lake 123.25' 121.00' 119.00'
14, 30, 27
Trask, Lake 113.00' 108.00' 106.00'
S22, T28, R27
Trout, Lake 101.00' 98.00' 95.00'
34, 32S, 28E
Twin, Lakes 123.75' 120.00' 118.00'
S11, T30, R27
Walker, Lake 141.00' 137.00' 135.00'
21, 30S, 26E
Warren, Lake 123.50' 121.00' 119.00'
S11, T30, R27
Weader (Weaver), Lake 121.75' 119.00' 117.00'
S03, T30, R27
Winterset, Lake 132.00' 129.50' 127.00'
11, 29S, 26E
(aa) In Sarasota County
Within the Manasota Basin
(bb) In Sumter County
Within the Green Swamp
Basin
(cc) In Sumter County
Within the Withlacoochee
River Basin
LAKES
Cherry, Lake 55.00' 53.00' 51.00'
S24, T18S, R23E

Rulemaking Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.036, 373.0361, 373.042,
373.0421, 373.086, F.S. History – New 6-7-78, Amended 1-22-79, 4-27-80, 10-21-80, 12-22-80, 3-23-
81, 4-14-81, 6-4-81, 10-15-81, 11-23-81, 1-5-82, 3-11-82, 5-10-82, 7-4-82, 9-2-82, 11-8-82, 1-10-83, 4-3-
83, 7-5-83, 9-5-83, 10-16-83, 12-12-83, 5-8-84, 7-8-84, 12-16-84, 2-7-85, 5-13-85, 6-26-85, 11-3-85, 3-5-
86, 6-16-86, Formerly 16J-8.678, Amended 9-7-86, 2-12-87, 9-2-87, 2-18-88, 6-27-88, 2-22-89, 3-23-89,
9-26-89, 7-26-90, 10-30-90, 3-3-91, 9-30-91, 10-7-91, 7-26-92, 3-1-93, 5-11-94, 6-6-96, 2-23-97, 8-7-00,
1-8-04, 12-21-04 (13), 12-21-04 (13), 6-5-05, 5-2-06, 1-1-07, 2-12-07, 1-10-08, 2-18-08, 4-7-08, 5-20-08,
5-10-09.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

40D-8.626 Minimum Aquifer Levels.


(1) Hillsborough County North of State Road 60, and Pasco and Pinellas Counties.
Salt Water Intrusion within this area has not been regional in nature, but is of localized concern in some
coastal areas. The District has chosen the North Pinellas, Southwest Pasco and Northwest Hillsborough
Counties region as the priority area for the establishment of Salt Water Intrusion Minimum Aquifer
Levels ("SWIMAL") to prevent regional seawater intrusion because of the availability of data and the
potential for future intrusion. The SWIMALs for the Upper Floridan aquifer shall be established as
follows:
(a) The location of the SWIMAL sites serves to monitor the area where early signs of regional
salt water intrusion can best be detected.
(b) The SWIMALs shall be established by setting levels in coastward transects of wells whose
potentiometric levels define the Long-term average hydraulic gradient of the Upper Floridan aquifer
potentiometric surface.
(c) The Salt Water Intrusion Minimum Aquifer Levels are as set forth in the following table.
Aquifer levels are deemed to be below the SWIMAL when the Long-term average elevation is below the
SWIMAL.

TABLE 8-4 SALT WATER INTRUSION


MINIMUM AQUIFER LEVELS

Well Name Saltwater Intrusion


Minimum Aquifer
Level (feet NGVD)

Sheldon Road Deep (RMP-16D) 7.7

RMP-13D 16.4

RMP-8D1 26.8

Tarpon Rd Deep 9.9

SWI-18S 14.8

201-M 13.7

EW 2S Deep 10.3

(2) SWUCA Salt Water Intrusion Minimum Aquifer Level


(a) The District has determined that ground water withdrawals in the SWUCA have contributed
to water level declines that advance saltwater intrusion. The coastal portion of the SWUCA in southern
Hillsborough, Manatee and northern Sarasota counties (the Most Impacted Area or MIA) is a priority area
for the establishment of minimum aquifer levels because of its proximity to the saltwater interface and the
large effect on interface movement caused by lowering of the potentiometric surface in this area. The Salt
Water Intrusion Minimum Aquifer Level (SWIMAL) is established to stabilize regional water level
declines so that long-term management efforts can slow the rate of regional saltwater intrusion in the
MIA. This is based on an average value to address the regional nature of the problem and avoids the
potential for localized lowering of a minimum level.
(b) The SWIMAL over the surface of the MIA is 13.1 feet (National Geodetic Vertical Datum of
1929 or NGVD 1929). The SWIMAL is derived using the method set forth in (2)(c) below.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

(c) The reference period for which the SWIMAL is calculated is the period 1990 through 1999.
Ten wells from within or adjacent to the MIA (Table 8-5), are used to determine the minimum level. The
annual average elevation for each of the years 1990 through 1999 is established utilizing monthly water
level data for each of the wells. The annual averages over the period are then used to calculate the
decadal average for the period. The 1990-99 average Upper Floridan aquifer potentiometric surface of
the MIA is constructed by calculating the average of these annual average values weighted spatially using
the Thiessen polygon methodology. The resulting Minimum Level over the surface of the MIA is 13.1
feet (National Geodetic Vertical Datum of 1929).

Table 8-5: Wells utilized to determine the Salt Water Intrusion Minimum Aquifer Level.

Site
Number Sequence Number Site Name
564 0 KIBLER DEEP
87 ROMP 123 Hawthorn/Ocala
HAWTHORN/OCALA

10914 0 ROMP 50 TAMPA/OCALA


10883 0 ROMP TR 10-2 TAMPA

287 0 ROMP TR 7-1 TAMPA


10926 0 ROMP TR 7-4 Suwannee/Ocala
SUWANNEE/OCALA

10920 0 ROMP TR 8-1 Upper Avon Park PARK

10909 1 ROMP TR 9-3 Ocala/Avon Park

561 0 SARASOTA 9 DEEP

456 0 VERNA T 0-4

(d) Implementation of The SWUCA Salt Water Intrusion Minimum Aquifer Level - The
SWIMAL shall be used to gauge the status of the ground water resource with respect to saltwater
intrusion in the region. Determining the status of the rate of movement of the saltwater interface shall be
based on comparison of the average Floridan aquifer water level over the MIA with the Floridan aquifer
minimum level over ten year moving windows of time. The ten year average water level for a particular
year shall be calculated as the average water level for that year and the previous nine years. The process
of calculating the ten year average is the same as described in section (c) above for calculating the
minimum level.
(e) Compliance - The objective of the District's management efforts is for the ten year moving
annual average water level to fluctuate in a range at or above the minimum level. The minimum level is
achieved if the ten year moving annual average water level has fluctuated at or above the minimum level
for a minimum of five consecutive years. Once the minimum level is achieved, the minimum level is no
longer met when the ten year moving annual average water level falls below the minimum level for more
than two consecutive years. Then, the five consecutive years above the minimum level is again required
for compliance.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042,
373.0421, FS. History - New 8-7-00, Amended 1-1-07.

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

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MAY 10, 2009 WATER LEVELS AND RATES OF FLOW CHAPTER 8

8-50
40D-9
RULES OF THE
SOUTHWEST FLORIDA WATER MANGEMENT DISTRICT
CHAPTER 40D-9
DISTRICT LAND USE RULES

RULE TITLE: RULE NO.:

Definitions 40D-9.021
Land Acquisition Procedures (Repealed) 40D-9.091
Recreational Land Use Policy 40D-9.101
Scope and Applicability 40D-9.110
Access to and Closures of District Lands 40D-9.111
Commercial Activities 40D-9.120
Recreational Fishing 40D-9.130
Commercial Fishing 40D-9.131
Hiking 40D-9.140
Equestrian Activities; Use of Saddle Animals 40D-9.150
Bicycling 40D-9.160
Hunting 40D-9.170
Trapping 40D-9.171
Swimming 40D-9.180
Diving 40D-9.181
Dogs, Cats, or Other Animals 40D-9.190
Plant or Animal Removal, Destruction or Harassment 40D-9.191
Introduction of Plants and Animals to District Lands 40D-9.192
Archeological or Cultural Resources Removal,
Alteration, or Destruction 40D-9.200
Disposal or Discharge of Waste 40D-9.210
Destruction, Removal or Alteration of District
Owned Facilities or Equipment 40D-9.220
Firearms and Similar Equipment 40D-9.230
Fireworks and Explosives 40D-9.231
Posting or Distributing Bills 40D-9.240
Fires 40D-9.250
Camping 40D-9.260
Use of Motorized Vehicles, Recreational
Vehicles, Boats and Aircraft 40D-9.270
Unauthorized Facilities or Structures 40D-9.280
Other Uses; Use of Alcoholic Beverages
on District Lands Prohibited 40D-9.290
Trespass After Notice 40D-9.300
Penalties 40D-9.310
Conflicting Rules 40D-9.320
Special Use Authorization 40D-9.330

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

40D-9.021 Definitions
When used in this part:
(1) "Commercial" activities means selling or offering to sell any merchandise or
service including those derived from the consumptive or non-consumptive recreational use of
District Lands including, but not limited to, providing guide services or tours, or providing rental
vehicles or animals for use on District Lands.
(2) "Camping" means to use a vehicle, tent, or shelter, or to arrange bedding or both
with the intent to stay overnight.
(3) "Concession" means the privilege to establish a commercial operation or business
on District Land.
(4) "Designated road" means any road, path, land, or trail designated by name or
number for public vehicular travel.
(5) "District" means the Southwest Florida Water Management District, operating
under the authority of Chapter 373, Florida Statutes.
(6) "District Lands" means any real property in which the District has an equitable or
legal interest that allows the District to possess or regulate entry upon the property.
(7) "Entry point" means a designated location or boundary for public access to
District Lands.
(8) "Facility" or "Structure" means any object placed on District Lands, which is
intended to be permanently attached to the land, or which would be considered a fixture under
Florida Law.
(9) "Fireworks" means any device as defined in Chapter 791, Florida Statutes.
(10) "Mobility impaired persons" means a person eligible for a disabled person
exemption parking permit pursuant to Section 320.0848, Florida Statutes.
(11) "Motorized Vehicle" means any vehicle, which travels over land and is partially
or completely powered by a motor, as well as animal-drawn carriages and buggies.
(12) "Natural resource" means land, water, soils, flora, and fauna.
(13) "On foot" means activities such as hiking and jogging where travel is by foot only
and does not involve any type of device, apparatus, or other means of enhancing mobility.
(14) "Recreational purposes" means resource-based outdoor recreational activities
including, but not limited to, fishing, hunting, horseback riding, bicycling, swimming, camping,
hiking, canoeing, boating, diving, wildlife watching, sailing, and jogging.
(15) "Recreational site" means an improved or unimproved site established to facilitate
public use.
(16) "Resource-based" means an activity that depends on natural resources for its
occurrence such as fishing, boating, camping, wildlife study, or hunting.
(17) "Special Use Authorization" means the granting of a privilege to go on or use
District Lands for a certain purpose without conveying any property or possessory interest.
Specific Authority 373.044, 373.113, 373.1391, F.S. Law Implemented 259.105, 373.1391,
373.59, F.S. History – New 7-20-04.

40D-9.091 Land Acquisition Procedures (Repealed)

Specific Authority 373.016, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103,
373.113, 373.149, 373.171, F.S. Law Implemented 373.103, 373.1391, 373.149, 373.59, F.S.
History - New 3-11-82, Repealed 7-20-04.

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

40D-9.101 Recreational Land Use Policy


(1) Consistent with the legislative directives contained in Sections 373.016, 373.139,
373.59 and 373.045, F.S., the District's policy is to manage and maintain District Lands, to the
extent practicable, in such a way as to ensure a balance between public access, general public
recreational purposes, and restoration and protection of their natural state and condition. To
further this policy, the land management and land use provisions of this Chapter are based on:
(a) Water resource conservation and protection;
(b) Environmental protection, with emphasis on restoration or preservation of
ecosystems; and
(c) Public recreation, where compatible with (a) and (b) above.
(2) The District recognizes that a principal tool for ensuring resource protection in
land management programs is the control of human activities, in particular, the use of motorized
vehicles. Therefore, the District's policy is to limit the use of motorized vehicles to those areas
necessary for reasonable access for approved recreational activities or land management
purposes.
(3) The District's policy is to make its lands accessible to persons with disabilities to
the extent it is consistent with resource protection needs and is economically feasible.
(4) Pursuant to Section 373.1395, Florida Statutes, the District is not responsible for
any injury to persons or property caused by an act or omission of a person who goes on District
land or park areas provided to the public for recreational purposes. Additionally, the District is
not responsible for any injury to persons or property caused by an act or omission of a person
who goes on District lands or water areas leased to the state for outdoor recreational purposes.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.110 Scope and Applicability


District Lands are available to the public for general recreational purposes except as
otherwise limited, restricted or prohibited by the rules in this Chapter or unless such use is
inconsistent with the purposes for which the lands were acquired, as provided in a specific
management plan developed by the District. Nothing in this rule shall prevent other federal,
state, or local agencies, including but not limited to, those having management contracts with the
District, from requiring compliance with their own rules, regulations or laws to the fullest extent
of their lawful authority.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.111 Access to and Closures of District Lands


(1) District Lands shall be open to the public during daylight hours only, unless
otherwise posted.
(2) Public Access to District Lands is provided at designated entry points from public
roadways. District Lands may be accessed from any adjacent waterway or waterbody at any
point, unless otherwise posted.
(3) District Lands may be closed to public use during certain hours or for certain
periods of time when such closure is necessary due to emergency conditions such as floods,
severe weather events, and wildfires; or during prescribed burns, construction, or other land
management activities if such activity presents a danger to the public. If a governmental entity

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

other than the District is conducting the activity, that entity shall close District Lands with the
concurrence of the District pursuant to this subsection.
(4) District Lands may be closed to public use in areas undergoing construction or
restoration, or subject to other land or water management activities, where necessary to protect
the site.
(5) District Lands may be closed to public use when such action is necessary to
protect the water, natural or cultural resources of such lands.
(6) District Lands may be closed to public use when necessary to conduct research,
studies, or data collection that has been approved or sponsored by the District.
(7) The District shall provide notice by signs when District Lands are closed for
public use.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.120 Commercial Recreational Activities


Any entity planning to conduct a commercial recreational activity consistent with these
rules on District Lands shall contact the District and provide the following information prior to
entry upon District Lands:
(1) Name of business and owner,
(2) Address of business and owner,
(3) Type of activity to be conducted on District Lands,
(4) Number of participants in the activity, and,
(5) Duration of the activity.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.130 Recreational Fishing


Recreational fishing as authorized and regulated by the Florida Fish and Wildlife
Conservation Commission is allowed on District Lands except where specifically restricted by
signs. The Florida Fish and Wildlife Conservation Commission requires any person engaging in
recreational fishing to have appropriate fishing licenses in their possession, unless exempted by
the Commission.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.131 Commercial Fishing


Commercial fishing is prohibited on all District Lands unless authorized by a Special Use
Authorization.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.140 Hiking
Hiking is allowed on District Lands except where specifically restricted by signs. For the
purposes of this subsection, hiking shall include jogging, wildlife watching, or any other activity
where travel is by foot only and does not involve another activity described in this chapter.

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.150 Equestrian Activities; Use of Saddle Animals.


(1) Equestrian activities and the use of saddle animals other than horses are allowed
on District Lands, on designated trails or areas.
(2) The responsible party for each saddle animal on District Lands shall carry proof
of negative Coggins test administered within the last twelve months for each such saddle animal
while on District Lands.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.160 Bicycling
Bicycling is allowed on District Lands only on designated trails or areas.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.170 Hunting
Hunting is allowed on District Lands designated by the District. Under cooperative
agreements with the District, the Florida Fish and Wildlife Conservation Commission
(Commission) regulates and manages recreational hunting on District Lands designated as Type I
Wildlife Management Areas. The Commission requires any person engaging in recreational
hunting to have a valid hunting license and a wildlife management area stamp in their
possession, unless exempted by the Commission. On District Lands not designated as Type I
Wildlife Management Areas, the District allows hunting by permit where hunting is part of the
site-specific management plan developed or authorized by the District. The District shall issue
permits for specifically authorized hunts on District Lands by lottery. Any person engaging in
hunting on District Lands during these special hunts must have in their possession a valid
hunting license and a District permit.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.171 Trapping
Trapping on District Lands is prohibited except by Special Use Authorization.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.180 Swimming
Swimming is allowed on District Lands only in designated areas unless authorized by a
Special Use Authorization.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.181 Diving
Scuba diving, or the use of underwater breathing apparatus of a similar nature, is
prohibited on District Lands unless authorized by a Special Use Authorization. A person issued

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

a Special Use Authorization to perform a dive from District Lands shall submit a report
informing the District of any scientific or archeological evidence discovered during the dive
within 30 days after completing the dive. To receive a Special Use Authorization for diving, the
applicant must satisfy the requirements contained in Rule 40D-9.330, F.A.C., and must provide
reasonable assurances that:
(1) The dive is for a scientific or resource investigation purpose; and
(2) The person performing the dive is certified for the type of dive to be performed.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.190 Dogs, Cats, or Other Animals


Dogs and horses are allowed on District Lands only in designated areas. Dogs must be
leashed or caged at all times unless they are authorized as part of an approved hunting program
or authorized by a Special Use Authorization. Other types of domesticated animals, such as cats,
are prohibited on District Lands.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.191 Plant or Animal Removal, Destruction, or Harassment


All plants and animals on District Lands are protected. Removing, destroying, or
harassing animals or plants from or on District Lands is prohibited except for specifically
authorized research efforts, hunting and fishing activities authorized by permit or Special Use
Authorization, or District initiated removals associated with reforestation, control of exotic or
nuisance species, silvicultural timber harvests or other land management activities.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.059, F.S. History –
New 7-20-04.

40D-9.192 Introduction of Plants and Animals to District Lands


The introduction or release of any plant or animal on District Lands is prohibited unless
done pursuant to a District initiated land management or restoration activity.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.200 Archaeological or Cultural Resources Removal, Alteration, or


Destruction
All archaeological and cultural resources on District Lands are protected. Removal,
alteration or destruction of archaeological or cultural resources is prohibited on District Lands
unless authorized by a Special Use Authorization. The District shall consult the Florida
Department of State, Division of Historical Resources, prior to authorizing the removal,
alteration or destruction of any archaeological or cultural resources on District Lands.
Archaeological or cultural resources means associated physical remnants and features contained
in the ground including artifacts, fossils, bones, shell mounds, or primitive culture facilities or
items. Any person discovering archaeological or cultural resources on District Lands shall notify
the District of such discovery within 24 hours.
Specific Authority, 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

40D-9.210 Disposal or Discharge of Waste


The disposal or discharge of any waste outside of designated waste collection facilities is
prohibited on District Lands. The disposal of oil, gasoline or other hazardous substances is
prohibited on District Lands.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F.S. History –
New 7-20-04.

40D-9.220 Destruction, Removal, or Alteration of District Owned Facilities or


Equipment
The destruction, removal or alteration of any District owned facilities, vehicles or other
equipment is prohibited on District Lands. District owned facilities and equipment include but
are not limited to water control structures, scientific study plots, photo points, transect lines,
survey markers, public buildings, towers, recorders, gauges, signs, gates, fences and monuments.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.230 Firearms and Similar Equipment


The possession or use of firearms or similar equipment on District Lands is prohibited
except (1) for hunting purposes during specifically authorized hunts; (2) for District initiated
land management activities; (3) as authorized by a Special Use Authorization. Firearms and
similar equipment includes shotguns, rifles, muzzle loading guns, pistols, revolvers, air guns, gas
guns, blow guns, crossbows, spear guns, or other devices capable of mechanically propelling an
arrow, spear, or other projectile. The use of paintball guns, paintball markers, and paintball
equipment on Districts Lands is prohibited. Paintball equipment includes, but is not limited to:
paint balls, paint gun refillable gas tanks, paint gun propellant canisters, and targets.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.231 Fireworks and Explosives


The possession or discharge of any fireworks or explosives on District Lands is
prohibited unless authorized by a Special Use Authorization.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.240 Posting or Distributing Bills


Distributing any handbills or circulars or posting, placing, or erecting any bills, notices,
papers, signs or advertising devices or informational matter of any kind, excluding District or
managing agency notices, is prohibited on all District Lands unless authorized by a Special Use
Authorization.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.250 Fires
Igniting any fire on District Lands is prohibited except for District authorized prescribed
burns, campfires in designated camping areas, or fires authorized by a Special Use
Authorization.

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.260 Camping
(1) Camping is allowed on District Lands at designated sites by permit only.
(2) Camping using a motorized vehicle is allowed on District Lands only in camping
sites designated for this purpose. The use of a motorized vehicle is subject to section 40D-9.270,
F.A.C.
(3) The District shall grant a permit for camping on District Lands with or without
using motorized vehicles, subject to the following conditions:
(a) The District is given ten days prior written notice of the camp;
(b) The ten day prior written notice is delivered to:
Southwest Florida Water Management District
Land Use and Protection Section, Land Resource Department
2379 Broad Street
Brooksville, FL 34604-6899;
(c) The campground capacity is not exceeded by the proposed camping
activity.
(4) The length of stay for camping authorized by this section shall be no greater than
seven continuous days.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.270 Use of Motorized Vehicles, Recreational Vehicles, Boats, and Aircraft.


(1) Motorized vehicles that are licensed for Florida highway use are allowed on
District Lands in designated areas. Use of all-terrain, off-road, or other motorized vehicles not
licensed for Florida highway use is prohibited on District Lands except by a Special Use
Authorization for access by mobility impaired persons. Special Use Authorizations for access by
mobility impaired persons shall be issued by the Land Resources Director or the Director's
designee pursuant to Section 40D-9.330, F.A.C.
(2) Motorized vehicles licensed for Florida highway use shall be operated by licensed
drivers only on roads designated as open for motorized vehicles.
(3) Motorized vehicles shall not exceed posted speed limits. If no speed limit is
posted, the speed limit shall be 20 miles per hour.
(4) Boating is allowed on all District-owned waterways (canals, impoundments, etc.)
subject to the following:
(a) Boats traveling within 500 feet of any District structure or levee shall not
exceed idle speed unless otherwise indicated by signs.
(b) Boats shall not be operated in a manner which would damage plants,
animals or other environmental resources.
(c) Boat use shall be limited to designated boat trails except in areas posted as
open for boats.
(d) The District shall prohibit or limit boating in areas for public safety,
resource protection, and protection of District facilities or equipment. Boating shall be limited
by engine horsepower, speed, or vessel type as necessary for public safety, resource protection,

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

or protection of District facilities or equipment, and these limitations shall be specific to each
water body. Areas closed to boating and boating limitations shall be designated by signs.
(e) The mooring of any boat on any District Lands for more than 24
continuous hours, is prohibited, unless otherwise posted.
(5) Boats on trailers shall only be launched from areas designated by signs.
(6) For the purposes of this section, the term "boating" includes both motorized and
non-motorized boats.
(7) Taking off or landing aircraft on District Lands is prohibited unless authorized by
a Special Use Authorization.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.280 Unauthorized Facilities or Structures


(1) Constructing, erecting or maintaining any facility or any other structure of a
permanent or semi-permanent nature on District Lands is prohibited unless authorized by a
Special Use Authorization.
(2) Any unauthorized facility or structure discovered on District Lands shall be
removed according to the following procedure:
(a) Upon discovery of the unauthorized facility or structure, District staff will
post a notice on such facility or structure, for a period of 30 days, informing the owner that such
facility or structure is not authorized on District Lands and that the owner must remove such
facility or structure.
(b) The owner of an unauthorized facility or structure must remove such
facility or structure within 30 days after the posting of the District notice.
(c) If the owner of the unauthorized facility or structure fails to remove such
facility or structure within 30 days after posting of the District notice, the District will remove
such facility or structure from District Lands or claim such facility or structure as District
property. The District may seek reimbursement of costs for removal of any unauthorized facility
or structure from the owner of such facility or structure.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.290 Other Uses; Use of Alcoholic Beverages on District Lands Prohibited


(1) Any recreational use of District Lands not authorized by this chapter is prohibited.
(2) The use of alcoholic beverages on District Land is prohibited.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.300 Trespass After Notice


Pursuant to Section 810.09, F.S., any person who, without being authorized, licensed or
invited, enters and remains on District Lands as to which notice against entering or remaining is
given, either by actual communication to the offender or by posting or fencing is guilty of a
misdemeanor of the first degree punishable as provided in Chapter 775.082 or 775.083, F.S.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

9-9
JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

40D-9.310 Penalties
(1) Pursuant to Section 373.609, F.S., it shall be the duty of every state and county
attorney, sheriff, police officer, and the appropriate city and county official to assist the District,
and its agents, in the enforcement of the provisions of the rules in this Chapter.
(2) Any person who violates any of the provisions of the rules in this Chapter is
subject to eviction from the premises and arrest and prosecution for a second degree
misdemeanor, punishable as provided in Section 775.082 or Section 775.083, F.S.
(3) The penalties identified in these rules are in addition to and cumulative to other
penalties or options available to the District including civil remedies.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.320 Conflicting Rules


If an agency has entered into a cooperative management agreement with the District
regarding specific District Lands, the rules of that agency shall apply if in conflict with these
rules. If the cooperative management agreement or management plan does not address a specific
recreational use, or if the agency does not have rules addressing a specific recreational use, then
the District's rules shall apply.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

40D-9.330 Special Use Authorization


(1) A person must apply for a Special Use Authorization to use District Lands for
activities not specifically provided for in this Chapter.
(2) To receive a Special Use Authorization the applicant must provide reasonable
assurance that:
(a) the requested use is natural resource-based,
(b) the requested use will not permanently alter District Lands or involve the
placing of any structure or facility on District Lands,
(c) the requested use is consistent with the management plan for the District
Lands involved,
(d) the requested use will not harm the environmental or historical resources
of the District Lands,
(e) the requested use will not cause unreasonable expense to the District,
(f) the requested use will not create a substantial risk of liability to the
District,
(g) the requested use will not harm any dam, impoundment, works, water
control structures, roads, or District owned facilities or equipment,
(h) the requested use will not interfere with District water management,
leased, licensed, or authorized uses of the land, and,
(i) the requested use will not interfere with any other use allowed by the rules
in this Chapter.
(3) The District shall impose upon any Special Use Authorization issued pursuant to
this Chapter such reasonable conditions as are necessary to assure that the use or activity
authorized will meet the criteria set forth in this Chapter.

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JULY 2004 DISTRICT LAND USE RULES CHAPTER 9

(4) The Governing Board delegates to the Land Resources Director or a person
designated by the Director, the authority to issue or revoke Special Use Authorizations pursuant
to this section.
(5) Any person may apply for a Special Use Authorization according to the following
procedure:
(a) Submit request to:
Southwest Florida Water Management District
Land Use and Protection Section, Land Resource Department
2379 Broad Street
Brooksville, FL 34604-6899
(b) If the requested use will create a substantial risk of liability to the District,
the applicant can mitigate substantial risk of liability by:
1. providing proof of liability and property damage insurance naming
the District as an additional insured in an amount sufficient to cover the cost of the liability
which is posed to the District, or
2. providing waivers or releases of liability sufficient to eliminate the
liability, which is posed to the District.
(c) The application shall be reviewed by the Land Resources Department for
compliance with the criteria listed in this section and a recommendation regarding the
application forwarded to the Land Resources Director.
(d) If the requested use satisfies all of the criteria set forth in this Section, the
Land Resources Director, or the Director's designee, shall issue the Special Use Authorization.
(e) If the requested use does not meet the criteria set forth in this section, the
Land Resources Director, or the Director's designee, shall deny the Special Use Authorization
application.
(f) The District's notices of intent to issue or deny a Special Use
Authorization shall be governed by Chapter 28-106, F.A.C., and Rule 40D-1.1010, F.A.C.
(6) Any person receiving a Special Use Authorization from the District must have the
Special Use Authorization in their possession at all times while on District Lands.
(7) The Land Resources Director, or the Director's designee, shall revoke a Special
Use Authorization if the grantee violates the conditions of the authorization or engages in a use
not specifically authorized.
(8) A Special Use Authorization does not eliminate the necessity to obtain any
required federal, state, or local approval or permit prior to the start of any authorized use.
Specific Authority 373.044, 373.113, F.S. Law Implemented 373.1391, 373.59, F. S. History –
New 7-20-04.

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40D-20
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-20
GENERAL WATER USE PERMITS

40D-20.011 Policy And Purpose


40D-20.031 Implementation
40D-20.041 General Permit for Water Use
40D-20.101 Application
40D-20.121 Notice
40D-20.141 Request for Additional Information
40D-20.301 Conditions for Issuance of Permits
40D-20.321 Duration of Permit
40D-20.341 Revocation of Permits
40D-20.351 Transfer of Permits
40D-20.381 Limiting Conditions

40D-20.011 Policy and Purpose.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219, F.S.
History – New 9-1-84. Repealed 10-1-89.

40D-20.031 Implementation.
Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219, F.S.
History – New 9-1-84. Repealed 10-1-89.

40D-20.041 General Permit for Water Use.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 120.60(2),
373.219, F.S. History – New 9-1-84. Repealed 10-1-89.

40D-20.101 Application.
Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219,
373.223, F.S. History – New 9-1-84. Repealed 10-1-89.

40D-20.121 Notice.
Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 120.57,
373.219, F.S. History – New 9-1-84. Repealed 10-1-89.

40D-20.141 Request for Additional Information.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 120.60,
373.219, F.S. History – New 9-1-84. Repealed 10-1-89.

40D-20.301 Conditions for Issuance of Permits.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219, F.S.
History – New 9-1-84. Repealed 10-1-89.

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OCTOBER 1989 GENERAL WATER USE PERMITS CHAPTER 20

40D-20.341 Duration of Permit.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219, F.S.
History – New 9-1-84. Repealed 10-1-89.

40D-20.341 Revocation of Permits.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219,
373.243, F.S. History – New 9-1-84. Repealed 10-1-89.

40D-20.351 Transfer of Permits.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219, F.S.
History – New 9-1-84. Repealed 10-1-89.

40D-20.381 Limiting Conditions.


Specific Authority 373.044, 373.113, 373.118, 373.171, F.S. Law Implemented 373.219,
373.223, F.S. History – New 9-1-84. Repealed 10-1-89.

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40D-21
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50 tabs
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-21
WATER SHORTAGE PLAN

PART I. GENERAL
40D-21.011 Policy and Purpose.
40D-21.031 Elements of the Plan.
40D-21.051 Definitions.
PART II. DECLARING AND IMPLEMENTING A WATER SHORTAGE
40D-21.211 Monitoring Conditions.
40D-21.221 Evaluating Water Conditions.
40D-21.231 Declaring a Water Shortage.
40D-21.251 Water Shortage Phases.
40D-21.275 Implementing a Water Shortage Declaration.
40D-21.281 Modifying or Rescinding a Water Shortage Declaration.
40D-21.291 Variances. (Transferred)
PART III. EMERGENCY PROVISIONS
40D-21.331 Declaring a Water Shortage Emergency.
40D-21.371 Response Mechanisms During a Water Shortage Emergency.
40D-21.391 Implementing a Water Shortage Emergency Declaration.
PART IV. ENFORCEMENT AND WATER SHORTAGE MITIGATION
40D-21.401 Monitoring. (Repealed)
40D-21.421 Enforcement.
40D-21.441 Public Supply Water Shortage Mitigation Plans.
PART V. THE CLASSIFICATION SYSTEM
40D-21.511 General.
40D-21.531 Source Classifications.
40D-21.541 Use Classifications.
40D-21.571 Method of Withdrawal Classifications.
PART VI. SPECIFIC RESPONSE MECHANISMS
40D-21.601 General.
40D-21.621 Phase I: Moderate Water Shortage.
40D-21.631 Phase II: Severe Water Shortage.
40D-21.641 Phase III: Extreme Water Shortage.
40D-21.651 Phase IV: Critical Water Shortage.

PART I. GENERAL

40D-21.011 Policy and Purpose.


(1) The provisions of this Chapter comprise the Southwest Florida Water
Management District’s (District) Water Shortage Plan required under subsection 373.246(1),
F.S., and include restrictions pursuant to Section 373.175, F.S. The purposes of the plan are to
protect waters of the District from serious harm; to establish procedures and responses that
prevent undue hardship and ensure equitable distribution of available water resources during
times of shortage and, to provide advance knowledge of the means by which water

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

apportionments and reductions will be made during times of shortage as a means of promoting
greater security for Water Use Permittees.
(2) These provisions apply to all water users, including those not subject to
permitting pursuant to Chapter 40D-2, F.A.C.
(3) This Chapter is designed to be an integral part of the District's continuing effort to
promote conservation of the waters of the District.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 4-9-06.

40D-21.031 Elements of the Plan.


The Water Shortage Plan consists of the following elements:
(1) PART I. GENERAL. Part I provides the policy and purposes of the District in
establishing the Water Shortage Plan. The various elements of the plan are described, and key
terms utilized within the Plan are defined.
(2) PART II. DECLARING AND IMPLEMENTING A WATER SHORTAGE. Part
II describes the District’s overall program of monitoring conditions in anticipation of and during
a Water Shortage event. In addition, Part II describes the factors that the District will consider in
declaring a Water Shortage. A method for expressing the severity of a Water Shortage in terms
of four Water Shortage phases and procedures for implementing a Water Shortage declaration
are also provided.
(3) PART III. EMERGENCY PROVISIONS. Part III establishes the procedures for
declaring and implementing a Water Shortage emergency when the provisions of Part II are not
sufficient to protect the water resource and its users.
(4) PART IV. ENFORCEMENT AND PUBLIC SUPPLY WATER SHORTAGE
MITIGATION PLANS. Part IV describes how the District, in conjunction with local
governmental entities and law enforcement officials, will enforce the provisions of a declared
Water Shortage or Water Shortage emergency. The District’s policy of providing regulatory
flexibility and technical assistance to public suppliers wishing to manage and mitigate local
Water Shortage effects within their jurisdictions, including those local governments located in
multiple water management districts, is also described.
(5) PART V. THE CLASSIFICATION SYSTEM. Part V classifies each user
according to the source of water supply, type of water use and method of withdrawal. These
classifications are utilized in conjunction with Parts I, II, III and VI.
(6) PART VI. SPECIFIC RESPONSE MECHANISMS. Part VI presents water use
restrictions and other response mechanisms for each Water Shortage phase and Water Use Class.
Various combinations of these response mechanisms may be employed by the District to achieve
the desired effect during any phase of a Water Shortage or a Water Shortage Emergency.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.246, F.S. History –New 11-
19-84, Amended 4-9-06.

40D-21.051 Definitions.
(1) Except as otherwise noted below, all terms used herein shall have the same
meaning as defined in Rule 40D-22.101, F.A.C.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

(2) “Agricultural Uses” are water uses associated with Agriculture as defined in Rule
40D-22.101, F.A.C.
(3) “Commercial and Industrial Uses” are water uses integral to the production of
goods and services, including power generation and cogeneration; phosphate mining and
benefication; chemical manufacturing; limestone, sand and gravel mining; cement, concrete and
other aggregate products manufacturing; perishable foods processing and packing; restaurants,
hotels and other hospitality businesses; retail and wholesale establishments; and educational
institutions.
(4) “Critical Water Shortage” is the alternative name for a Phase IV Water Shortage.
(5) "Drought Indicator" is a quantified assessment of the condition of a water supply
or resource.
(6) "Drought Condition Level" is the degree of drought, the degrees ranging from the
moderate Level 1 to critical Level 4, based on the status of Drought Indicators.
(7) “Essential Uses” are water uses associated with maintaining public health, safety,
or welfare, including the operation of public water supply systems, public waste water systems,
sanitation facilities, military facilities, power generation facilities, hospitals and other medical
facilities, medical equipment and fire suppression equipment.
(8) “Extreme Water Shortage” is the alternative name for a Phase III Water Shortage.
(9) “Indoor Uses” are water uses associated with domestic and similar non-domestic
needs. Domestic needs include drinking, bathing, cooking, cleaning and necessary sanitary
purposes in a household environment. Similar non-domestic needs include drinking, bathing and
necessary sanitary activities outside of the household environment, such as in customer or
employee restrooms.
(10) “Landscape Uses” are water uses related to the establishment and maintenance of
Turfgrass, trees and other plant material. This specifically includes all Lawns and Landscape at
homes and other residences, commercial or industrial buildings, parks, recreational areas, public
rights-of-way, medians and other public and private properties. Within this classification, the
District maintains the subclassifications of Cemeteries, Golf Courses, Driving Ranges and Other
Athletic Play Areas as defined in Rule 40D-22.101, F.A.C., to address the unique Turfgrass
needs associated with these uses.
(11) “Mobile Equipment” means any public, private or commercial automobile, truck,
trailer, railroad car, camper, boat, tractor, or any other type of similar equipment.
(12) “Moderate Water Shortage” is the alternative name for a Phase I Water Shortage.
(13) “Other Uses” are all other water uses not specifically included in other Use
Classes, including augmentation of natural or man-made surface water bodies for aesthetic,
recreational or habitat value; ornamental ponds, water fountains and other aesthetic water
features; environmental restoration or enhancement; cooling and air conditioning; swimming
pools and other water-based non-commercial recreation; cleaning or Pressure Washing of
structures, driveways, sidewalks and other impervious surfaces; and wetting roads and other
surfaces for dust control or fire suppression when required by federal, state or local standards.
(14) "Permittee" is the holder of a Water Use Permit issued pursuant to Chapter 40D-2,
F.A.C.
(15) “Phase I Water Shortage” is also referred to as “Moderate Water Shortage” and is
described in Rule 40D-21.621, F.A.C.
(16) “Phase II Water Shortage” is also referred to as “Severe Water Shortage” and is
described in Rule 40D-21.631, F.A.C.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

(17) “Phase III Water Shortage” is also referred to as “Extreme Water Shortage” and is
described in Rule 40D-21.641, F.A.C.
(18) “Phase IV Water Shortage” is also referred to as “Critical Water Shortage” and is
described in Rule 40D-21.651, F.A.C.
(19) “Plan” means the plan set forth in this Chapter, including restrictions and other
response mechanisms as authorized by sections 373.246 and 373.175, F.S.
(20) “Pressure Washing” means the use of pressurized water for cleaning purposes, by
means of equipment accepted by industry standards. Industry standards specifically include a
self-canceling or automatic nozzle, water pressure at a minimum of 1,000 p.s.i. (pounds per
square inch) and water volume at a maximum of five (5) gallons per minute.
(21) “Severe Water Shortage” is the alternative name for a Phase II Water Shortage.
(22) “Source Class” means the specified water resource from which a user is obtaining
water either directly or indirectly. Source Classes within the District are identified in Rule 40D-
21.531, F.A.C.
(23) "Supplemental Irrigation" means irrigation that is intended to meet the net water
requirement for established plant material. This is the difference between the plant material's
current water requirement and recent effective rainfall.
(24) “Use Class” means the category describing the purpose for which the user is
utilizing water. Use Classes within the District are identified in Rule 40D-21.541, F.A.C.
(25) “Water Shortage” means a drought or other situation within all or part of the
District, for which the Governing Board has determined that there is insufficient water to meet
the present and anticipated needs of users, or conditions are such that there is a need to require
temporary reduction in water use within a particular area to protect one or more Source Class or
the water resource from serious harm.
(26) “Water Shortage Emergency” means a Water Shortage for which a determination
has been made that the powers exercised under Part II of this Plan are not sufficient to protect the
public health, safety, or welfare; the health of livestock and other animals, fish or aquatic life; or
other Essential Uses.
(27) “Water Utility Uses” are water uses associated with maintaining and operating a
public water supply system, whether the system is managed by a regional water supply authority,
local government agency, or private entity. These uses include utility activities such as flushing
lines and maintenance of treatment processes but do not include water distributed by the system
for customer use.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 4-9-06.

PART II. DECLARING AND IMPLEMENTING A WATER SHORTAGE

40D-21.211 Monitoring Conditions.


(1) Purpose – This part of the Chapter generally describes the data collection and
analyses that the District continuously undertakes in anticipation of and during a declared Water
Shortage or Water Shortage Emergency.
(2) Data Sources – Data will be obtained from any relevant source available,
including, but not limited to:

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

(a) District databases and work products, including information on permitted


quantities, relevant pumpage and meter records, inquiries to permit holders, field assessments
and hydrologic/meteorologic/biologic information;
(b) The National Drought Mitigation Center, National Oceanic and
Atmospheric Administration, U. S. Geological Survey, Florida Department of Environmental
Protection, Florida Department of Agriculture and Consumer Services, local governments and
other local, state, or federal agencies; and
(3) Resource Monitoring – The District collects and analyzes data concerning the
water resource. These data include, but are not limited to:
(a) Drought indices and forecast products prepared by federal and state
agencies;
(b) Levels in surface and ground waters, including potentiometric heads in
confined and semi-confined aquifers;
(c) Water quality of surface and ground waters;
(d) Flows of surface waters;
(e) Rainfall; and
(f) Other data as may be required to evaluate the status of the water resources
of the District, such as evapotranspiration or impacts on fish and wildlife.
(4) Demand Monitoring – The District collects and analyzes data concerning water
user demand and its impact on the water resource, such as:
(a) Demands of Permittees;
(b) Demands of water users not subject to permitting, but subject to this
Chapter 40D-21, F.A.C.;
(c) Demands of water users whose supply of water is established by federal
law, such as Native American reservations; and
(d) Other data required to evaluate demand and its impact on waters within
the District, such as water restriction enforcement data from local governments or the total
demand in jurisdictions adjacent to District boundaries.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 4-9-06.

40D-21.221 Evaluating Water Conditions.


(1) The District shall consider the data collected by the District as described in Rule
40D-21.211, F.A.C., in determining:
(a) Whether a Water Shortage or Water Shortage Emergency should be
declared in light of existing or projected conditions and anticipated durations thereof;
(b) Whether the restrictions and other response mechanisms in effect are
being adequately enforced; and
(c) Whether an existing order issued pursuant to this Chapter should be
modified or rescinded in light of existing and/or anticipated conditions.
(2) Regional condition data may represent the entire District or any portion thereof.
National condition and prediction data will be evaluated in combination with regional rainfall
data. Individual Drought Indicators and Drought Condition Levels shall be decision-making
tools, not values that will automatically trigger a District response. For example, after detecting
a possible drought event through only one Drought Indicator, the District may want several

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

weeks of additional monitoring and evaluation to recognize a clear shift in overall conditions that
would warrant a recommendation to change restrictions.
(3) The following describes the evaluation process:
(a) The District will compare current data to predetermined values for specific
indicators as shown in Table 21-1. For example, if the Aquifer Resource Indicator for a
particular groundwater basin is in the 19th percentile and has been below the 25th percentile for
four weeks, then that basin is considered to have a "severely abnormal" Drought Indicator.
(b) The District will compile these comparisons to select a Drought Condition
Level. Specifically, the combination of values for regional Drought Indicators shall be assessed
in relation to the matrix shown in Table 21-2, then that assessment may be adjusted up or down
based on national Drought Indicators. For example, if a watershed with a public supply reservoir
was at Drought Condition Level 2 based on Regional Rainfall at the 24th percentile and Average
Streamflow at the 20th percentile, but now both Drought Indicators are at the 25th percentile (the
threshold for "moderately abnormal" for both indicators), the District may upgrade the watershed
to Drought Condition Level 1 status if all national Drought Indicators have returned to normal or
above normal values;
(c) In the absence of a declared or Water Shortage Emergency, this evaluation
will occur on at least a monthly basis;
(d) During a declared Water Shortage or Water Shortage Emergency, this
evaluation will occur at least twice each month; and
(e) Results of this evaluation will be reported to the Board on at least a
monthly basis and to the Executive Director as needed.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 4-9-06.

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TABLE 21-1:
Drought Indicators

Regional Modifier
Regional Conditions National Predictions & Conditions Of National Data*
AVERAGE
STREAM-
REGIONAL FLOW (8- 6-MONTH REGIONAL
Drought RAINFALL Week Aquifer PALMER Standard Weekly U.S. RAINFALL
Indicator (12-Month Moving Moving Resource CPC DROUGHT Precipitation Drought (6-Month Moving
Value Sum) Average) Indicator Predictions INDEX Index Monitor Sum)
< 3 Months
Moderately <= 25th <= 25th Below
Abnormal <= 25th percentile percentile percentile Normal -1.0 to -1.9 -0.5 to -0.7 D0 <= 25th percentile
th
<= 25
percentile
for 4
weeks or < 6 Months
Severely <= 20th < 16th Below
th
Abnormal <= 20 percentile percentile percentile Normal -2.0 to -2.9 -0.8 to -1.2 D1 <= 20th percentile
<16th
percentile < 9 Months
Extremely <= 10th for 4 Below
th
Abnormal <= 10 percentile percentile weeks Normal -3.0 to -3.9 -1.3 to -1.5 D2 <= 10th percentile
<16th
percentile >9 Months
Critically <= 5th for 8 Below
th
Abnormal <= 5 percentile percentile weeks Normal -4.0 to -4.9 -1.6 to -1.9 D3 <= 5th percentile

* if a national Drought Indicator has an abnormal value, review the "regional modifier" for concurrence before considering the national data.

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TABLE 21-2: Drought Condition Levels

Drought
Condition Level If this is true …
Level 1 At least one Drought Indicator is Moderately Abnormal
Level 2 Multiple Drought Indicators are Moderately Abnormal or one is Severely
Abnormal
Level 3 Multiple Drought Indicators are Severely Abnormal or one is Extremely
Abnormal
Level 4 Multiple Drought Indicators are Extremely Abnormal or one is Critically
Abnormal

40D-21.231 Declaring a Water Shortage.


(1) The Board will declare Water Shortages and impose response mechanisms as set
forth in this Chapter. The geographic area covered by a Water Shortage declaration will include
all or part of the ground or surface water basin(s) within which the affected source of water lies,
as well as areas that are supplied water from the affected source. The Board will simplify the
boundaries of the area subject to a Water Shortage declaration by using a major road or local
government boundary so long as the affected area is not significantly expanded or contracted.
(2) In considering whether to declare a Water Shortage, the Board shall consider the
effect of any Water Shortage Mitigation Plans approved by the Board pursuant to 40D-21.441,
F.A.C.
(3) The Board will declare a Water Shortage for a source or Source Class not
presently experiencing a Water Shortage if usage from such a source or Source Class can be
reasonably expected to impact the present and anticipated available water supply from the source
or Source Class currently experiencing a shortage.
(4) The Board will declare a Water Shortage for geographic areas not presently
experiencing a Water Shortage if usage in such areas can be reasonably expected to impact the
present and anticipated available water supply for an affected area. For example, a Water
Shortage may be declared for an otherwise unaffected area that contains the alternative supply or
emergency supplementation source for an affected area.
(5) When a Water Shortage encompasses a geographic area that includes less than all
of a local government's jurisdiction, the District will endeavor to coordinate Water Shortage
declarations with that local government and any applicable water management district to the
extent practicable. For example, the District endeavors to have this coordination result in only
one set of Lawn and Landscape irrigation restrictions within the local government jurisdiction, if
this jurisdiction is shared with another water management district, based on conditions within the
water management district that contains the majority of the water supply serving the local
government’s population.
(6) When a specific source is experiencing a Water Shortage and the source is only
partially within the District’s boundaries, the District will endeavor to coordinate Water Shortage
declarations with the applicable water management district to the extent practical. For example,
the District endeavors to have this coordination result in only one set of Lawn and Landscape
irrigation restrictions in the affected area, based on the conditions within the water management
district that contains the majority of the affected water source.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 4-9-06, 1-8-08.

40D-21.251 Water Shortage Phases.


(1) This Water Shortage Plan establishes four phases of Water Shortage severity with
associated restrictions and other response mechanisms.
(2) The following Water Shortage phases are established:
(a) Moderate
(b) Severe
(c) Extreme, and
(d) Critical
(3) The District shall assign a specific Water Shortage phase to each Source Class for
which a Water Shortage has been declared. A Water Shortage declaration may or may not assign
the same phase to all affected Source Classes.
(4) The District shall consider the following factors when assigning a specific Water
Shortage phase to each Source Class or combination of Source Classes:
(a) The information generated as a result of evaluation process described in
Rules 40D-21.221 and 40D-21.231, F.A.C., including the values of regional Drought Indicators
and the composite Drought Condition Level;
(b) The relative impact of various categories of water users on the affected
Source Class(es) and any specific water body for which the shortage is declared;
(c) The availability and practicality of alternative sources for each category of
water user;
(d) To the degree practical, how the District can implement phased response
mechanisms in a manner that distributes the burden of the response mechanisms equitably
among water users, relative to their impact on the affected Source Class(es) and specific water
bodies experiencing the Water Shortage;
(e) The potential for serious harm to natural systems as a result of the drought
or other Water Shortage;
(f) Existing Public Supply Water Shortage Mitigation Plans as described in
Rule 40D-21.441, F.A.C.;
(g) The appropriate geographic scope of the restrictions and other phased
response mechanisms, relative to the affected source;
(h) The effectiveness of restrictions and other phased response mechanisms in
terms of containing or reducing water use to protect the relevant Source Class(es), specific water
bodies and by specific water supply sources; and
(i) The impact of restrictions and other phased response mechanisms on
public health, safety and welfare.
(5) If the District determines that actions beyond those specified in the phased
response mechanisms are required, or if immediate implementation of phased response
mechanisms is necessary in order to meet the purposes specified in subsection 40D-21.011(1),
F.A.C., then the Executive Director, with the concurrence of the Board, may declare a Water
Shortage Emergency, as provided in Part III of this Chapter.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 4-9-06.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

40D-21.275 Implementing a Water Shortage Declaration.


(1) Affected water users and Permittees shall be afforded the opportunity to comment
to the Board concerning a proposed Water Shortage declaration at a scheduled public hearing.
(a) At least one public hearing will be scheduled to afford the public the
opportunity to comment;
(b) The public shall be allowed a reasonable opportunity to participate during
the public hearing in order to present non-repetitive testimony on Water Shortage effects and the
impact of recommended restrictions and other response mechanisms. Such participation shall be
subject to the control of the Governing Board and may be limited as necessary to facilitate
reasonable progress of the hearing;
(c) Additional public hearings may be announced by the Board during a
declared Water Shortage, and reasonable additional notice will be provided for any additional
hearing.
(2) When a Water Shortage is declared, the District will publish notice of the
declaration within newspapers of general circulation in the affected area. The notice shall serve
as notice to all users in the affected area as to the existence and phase of the Water Shortage
declaration.
(3) The District shall send a Notice of Water Shortage by regular mail to each
Permittee located in the affected area. This notice shall advise the Permittee of any change in the
condition of the Water Use Permit, any suspension of the Water Use Permit and the applicability
of any other restriction on the use of water or other response mechanism set forth in this Chapter.
The mailed notice may refer the Permittee to website material or fact sheets for this or additional
information.
(4) The District shall notify local elected officials of any Water Shortage declaration
and associated response mechanisms. Notice shall be by the best practical means under the
circumstances, such as telephone contact attempts, regular mail, or electronic transmittals. In
addition, local enforcement officials, local fire and rescue officials and appropriate state agencies
shall be notified as soon as possible of any Water Shortage declaration or change in restrictions
affecting their areas of responsibility.
(5) A declaration of Water Shortage and any implementing response mechanisms
adopted pursuant thereto under the Water Shortage rule may be modified or rescinded by the
Board.
(6) An order declaring a Water Shortage shall become effective on the day after any
notice required in subsection (2) above is published or any subsequent effective date stated in the
order. An order declaring a Water Shortage shall remain in effect for the period of time
established in the order; or, if no period of time is established, until the order is modified or
rescinded by the Board.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 4-9-06.

40D-21.281 Modifying or Rescinding a Water Shortage Declaration.


(1) During a declared Water Shortage, the District shall continue to monitor and
evaluate conditions in accordance with Rules 40D-21.211 and 40D-21.221, F.A.C.
(2) When conditions have changed sufficiently to warrant the declaration and
implementation of a different set of phased restrictions and other response mechanisms, an order

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amending or superceding the existing Water Shortage order shall be issued and implemented in
accordance with Rules 40D-21.231, 40D-21.251, and 40D-21.275, F.A.C.
(3) When, after considering the data and factors described in Rules 40D-21.221 and
40D-21.231, F.A.C., conditions have changed sufficiently to no longer warrant the existence of a
specific Water Shortage declaration, an order amending or rescinding the declaration shall be
issued with the notification of the order being the same as specified in Rules 40D-21.231 and
40D-21.275, F.A.C.

Specific Authority 373.044, 373.113, FS. Law Implemented 373.175, 373.246, FS., History –
New 4-9-06.

40D-21.291 Variances.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, Transferred to 40D-1.1002.

PART III. EMERGENCY PROVISIONS

40D-21.331 Declaring a Water Shortage Emergency.


(1) Purpose - This part of the Chapter sets forth the steps the District will take to
evaluate conditions within the District in order to determine whether a Water Shortage
Emergency exists.
(2) The District shall monitor and evaluate conditions as provided in Rules 40D-
21.211 and 40D-21.221, F.A.C.
(3) If the monitoring and evaluation process indicates that conditions are rapidly
deteriorating, or if the District receives a request for an emergency action related to an ongoing
drought or other Water Shortage event, District staff shall ascertain whether the provisions of
Part II of this Rule are sufficient to protect public health, safety or welfare and Essential Uses, or
the health of livestock and other animals, fish or aquatic life in the affected area. This shall be
accomplished through consideration of the following:
(a) Factors related to the present and anticipated water supply for affected
users, including:
1. Pertinent factors listed in Rule 40D-21.251(4), F.A.C;
2. The ability of affected users to obtain water from other users on a
temporary basis;
3. The ability of affected users to obtain water from another Source
Class on a temporary basis; and
4. Other factors affecting the present and anticipated water supply,
such as the availability of temporary treatment equipment that would allow affected users to
obtain suitable water quality from an otherwise unsuitable source.
(b) Factors related to the potential adverse impacts as a result of response
mechanisms on public health, safety, or welfare or Essential Uses; health of livestock and other
animals, fish, or aquatic life; including:
1. Pertinent factors listed in Rule 40D-21.251(4), F.A.C.;
2. The extent to which adverse impacts can be reduced by imposing
additional restrictions upon other uses obtaining water from the same source class;

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3. The extent to which restricting other users obtaining water from


the same source class will create other adverse impacts; and
4. Other factors relating to potential adverse impacts, such as the
availability of state or federal emergency resources to ameliorate these impacts.
(c) The effect of any Water Shortage Mitigation Plans approved by the Board
pursuant to 40D-21.441, F.A.C., and recommendations from, and emergency actions taken by, a
local government in the affected area.
(4) If it is ascertained that the provisions of Part II are not sufficient to protect the
public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply,
or commercial, industrial, agricultural, recreational, or other reasonable-beneficial uses, the
Executive Director, with the concurrence of the Board, will declare a Water Shortage
Emergency.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.119, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 4-9-06, 1-8-08.

40D-21.371 Response Mechanisms During a Water Shortage Emergency.


(1) When a Water Shortage Emergency has been declared, the Executive Director
will issue orders containing other response mechanisms deemed necessary to address the
emergency. The response mechanisms may include, but are not limited to: authorizations to
temporarily withdraw from a permitted source in a manner or for a purpose not expressly granted
by the applicable Water Use Permit; authorizations to temporarily augment a public water supply
system with water from an unpermitted source; and restrictions that involve apportioning,
rotating, limiting, or prohibiting the use of water.
(2) All response mechanisms ordered pursuant to the declaration of a Water Shortage
Emergency shall be in addition to, and enforced in combination with, any and all response
mechanisms imposed under Part II of this rule, unless specifically stated otherwise within the
orders, or unless there is a conflict between Part II and a Water Shortage Emergency order, in
which case the more restrictive provisions shall apply.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.119, 373.246, F.S. History –
New 11-19-84, Amended 4-9-06.

40D-21.391 Implementing a Water Shortage Emergency Declaration.


(1) When a Water Shortage Emergency has been declared pursuant to Rule 40D-
21.331(5), F.A.C, the Executive Director may, without prior notice, issue orders pursuant to the
emergency provision of Section 373.119, F.S.
(a) Water Shortage Emergency orders shall recite information related to the
existence of such an emergency and identify response mechanisms deemed necessary by the
Executive Director, with the concurrence of the Board, to address the emergency;
(b) All users to whom an emergency order is directed shall comply
immediately, but may petition the Board for a hearing as set forth in Section 373.119, F.S.
(2) The District shall inform all users to whom an emergency order is directed of the
existence of such order, and all associated response mechanisms, by the best practical means
available under the circumstances of the specific Water Shortage Emergency.

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(3) The District shall notify local elected officials of any Water Shortage Emergency
declaration and remedial action required. Notice shall be by the best practical means under the
circumstances of the Water Shortage Emergency. In addition, local enforcement officials, fire
rescue officials and appropriate state agencies shall be notified as soon as possible of any Water
Shortage Emergency declaration or change of response mechanisms affecting their areas of
responsibility.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.119, 373.246, F.S. History –
New 11-19-84, Amended 4-9-06.

PART IV. ENFORCEMENT AND WATER SHORTAGE MITIGATION

40D-21.401 Monitoring.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86. Repealed 4-9-06.

40D-21.421 Enforcement.
(1) It is the policy of the District to seek the cooperation and assistance of state,
county and municipal governmental officials, law enforcement officials, and police officers in
accordance with section 373.609, F.S., to facilitate the enforcement of this Chapter and any order
issued pursuant to this Chapter, including any variance or waiver from this Chapter. This
cooperation and assistance is generally sought for violations of this Chapter which do not
directly involve a Permittee.
(2) Counties and municipalities throughout the jurisdiction of the District are
authorized and encouraged to adopt ordinances, which provide specific local processes for local
enforcement of the provisions of this Chapter and any order or variance or waiver issued
pursuant thereto. A “sample ordinance” is available from the District and will be provided for
use by local governments, upon request.
(3) In enforcing the provisions of this Chapter, any order issued pursuant to this
Chapter or 40D-1, F.A.C., or any variance or waiver approved by the District pursuant to
provisions of this Chapter, the District will utilize any of the enforcement remedies available
pursuant to Chapters 120 or 373, F.S., or Chapter 40D, F.A.C., as appropriate. District
enforcement actions will generally focus on violations which directly involve a Permittee.
(4) Enforcement action may be initiated by the District as provided in Section
373.603, F.S.
(5) The Executive Director may assign District personnel for the purpose of initiating
enforcement action pursuant to Section 373.603, F.S.
(6) The Executive Director may take appropriate action pursuant to Sections 373.119
and 373.246(7), F.S., and Rule 40D-21.331, F.A.C., to enforce the provisions of this Chapter and
any order or variance or waiver issued pursuant thereto, or pursuant to Chapter 40D-1, F.A.C., or
to alleviate any emergency conditions which might occur.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.119, 373.129, 373.136,
373.246, 373.603, 373.609, F.S. History – New 11-19-84, Amended 7-2-86, 5-4-87, 4-9-06.

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40D-21.441 Public Supply Water Shortage Mitigation Plans.


(1) It is the policy of the District to encourage each regional water supply authority
(“Regional Authority”) and county, municipal and private water supplier (“Local Water
Supplier”) throughout the jurisdiction of the District to develop a Water Shortage Mitigation
Plan ("WSMP”) for public water supply shortages due to such occurrences as drought, major
pipeline breaks, failures at water or waste water treatment plants and anticipated or actual
withdrawals that exceed the allocation given under a Water Use Permit.
(2) A Regional Authority or Local Water Supplier may request that the District
approve its WSMP for implementation in lieu of some or all of the applicable provisions of this
Chapter so that it may take pre-designated local action in response to conditions described in the
WSMP. The request shall be submitted in the form of a petition for variance or waiver of some
or all of the provisions of this Chapter, pursuant to Section 120.542, F.S. A petition for variance
or waiver may be filed at any time, whether the District has declared a Water Shortage or not,
and the Regional Authority or Local Water Supplier is encouraged to file its petition well in
advance of its need to implement the drought provisions of its WSMP.
(3) Once a WSMP is approved by the District, it shall be binding on the applicable
Regional Authority or Local Water Supplier and its customers. Each Regional Authority and
Local Water Supplier and their customers shall continue to comply with any provisions of this
Chapter which are not varied or waived through the District’s approval of the WSMP. The
District shall consider the effect of an approved WSMP in conjunction with 40D-21.231, F.A.C.
The existence of an approved WSMP does not affect the authority of the District to declare or
rescind a water shortage and applicable response mechanisms as provided in this Chapter and
Chapter 373, F.S.
(4) In addition to fulfilling the requirements of Section 120.542, F.S., and Rule 40D-
1.1002, F.A.C., the proposed WSMP shall contain the following:
(a) Use of the same Water Shortage Phase numbering and names as used in
this Chapter.
(b) Identification of the regional Drought Indicators or local supply Drought
Indicators, or both, that will be used to determine the need to implement a portion of the WSMP,
including but not limited to requests that the District issue an order declaring, modifying, or
rescinding a Water Shortage or Water Shortage Emergency for the applicable area or source, or
both. If any of these indicators are not identical to the Drought Indicators specified in this
Chapter, the identification must include a detailed description of the methodologies used to select
and quantify each alternative or supplemental indicator.
(c) Identification of the demand management response mechanisms to be
implemented for each Water Shortage Phase. Any water use restrictions identical to those
specified in this Chapter should be referenced instead of recited in the WSMP. If the WSMP
includes any water use restrictions or other demand management response mechanisms (such as
“planned interruptible service” for reclaimed water blends) that are not identical to those
specified in this Chapter, the identification must include a detailed description of the
methodologies used to select each alternative mechanism, anticipated savings and other impacts
of these mechanisms in relation to the responses specified in this Chapter and a copy of any and
all ordinances that codify this mechanism.
(d) Identification of supply management response mechanisms to be
implemented for each Water Shortage Phase. Supply management includes, but is not limited to,
supply supplementation through the use of permitted supply sources, including withdrawal of

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

quantities or for a purpose not expressly granted by the applicable Water Use Permit, or the
temporary use of emergency supply sources, which may include unpermitted sources.
Identification of each supply management response must include a detailed description of the
methodologies used to select the applicable proposed supplementation source and a detailed
description of the legal and physical means through which the proposed supplementation will be
accomplished. The granting of a variance or waiver based on a WSMP does not constitute a
modification to the petitioner’s Water Use Permit nor does it constitute issuance of an emergency
authorization. However, each Regional Authority or Local Water Supplier is encouraged to
proactively coordinate with the District to develop a template executive director order or other
document to be presented, when needed, for the District's consideration, to expedite the
processing of any request for a temporary permit modification or other emergency authorization
in conjunction with implementation of the WSMP.
(e) Identification of any and all parties to be responsible for the response
mechanisms, including written proof that those parties have committed to providing appropriate
implementation actions. For example, the WSMP for a Regional Authority shall include copies
of appropriate local ordinances or other binding instruments, signed by its member governments,
that demonstrate the member governments have agreed to enforce specified water use restrictions
and other agreed-upon response mechanisms within their respective jurisdictions.
(f) Identification of all processes to be used to monitor indicator conditions
and determine when provisions of the WSMP would result in a request for the District to issue an
order declaring, modifying or rescinding a Water Shortage or Water Shortage Emergency for the
applicable area or source, or both. This identification shall specify the parties (title and
affiliation) that will monitor indicator conditions and the method these monitoring parties will
use to recommend actions to applicable decision-makers.
(g) Identification of all processes to be used to coordinate with the District for
the purpose of communicating indicator conditions, reporting on local actions and requesting
District action to declare, modify or rescind a Water Shortage or Water Shortage Emergency
order. At a minimum, communication shall include scheduled contact with the District staff
responsible for the District’s demand management efforts in the area that includes that Regional
Authority or Local Water Supplier and prompt transmission of any applicable resolution or other
document used to implement local Water Shortage actions.
(h) Identification of all processes to be used to communicate with affected
water users about indicator conditions, local actions and District or local declaration,
modification or rescission decisions. At a minimum, communication regarding indicator
conditions shall include posting data on the Regional Authority's or Local Water Supplier’s
website. At a minimum, communication regarding recommended actions and communications
regarding enactment and removal decisions shall include: issuance of a news release to
broadcast and print media, publication of any legally required notice and designation of a
customer information hotline that is included in the news release and legally required notice.
Additional public awareness and information activities are encouraged as part of the demand
management response mechanisms in each Water Shortage Phase.
(i) Written proof that any other Regional Authority or Local Water Supplier
from which the petitioner regularly receives water, or from which the petitioner proposes to
receive supplemental supplies during a drought or other Water Shortage, has reviewed and
commented on the proposed WSMP. Since the goal of this review is to assure coordination in

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order to minimize potential regional consequences, review comments from such an entity may
factor into the District's decision-making process.
(j) Written proof that the decision-making body of the petitioner has
approved the version of the WSMP submitted to the District for variance or waiver. For
example, the decision-making body of a county water system is typically the county’s board of
commissioners, and the petitioner may submit a transcript of the commission meeting in which
the required approval occurred.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, FS., History –
New 4-9-06, Amended 1-8-08.

PART V. THE CLASSIFICATION SYSTEM

40D-21.511 General.
Purpose - This part of the Chapter establishes the basis for distinguishing among different
users of the water resource according to major classes. Under this system, each water user may
be classified according to source, use, and method of withdrawal. Each of these classes is
described herein.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 4-9-06.

40D-21.531 Source Classifications.


Each water user may be classified according to one or more of the following sources of
water:
(1) Groundwater sources
(a) Water table aquifers;
(b) Confined and semi-confined aquifers.
(2) Surface water sources
(a) Streams or other watercourses;
(b) Lakes or other impoundments.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 5-4-87.

40D-21.541 Use Classifications.


Each water user may be classified according to one or more of the following uses of
water, as defined in Part I of this Rule:
(1) Indoor Uses.
(2) Essential Uses, including a subclassification for Water Utility Use.
(3) Commercial and Industrial Uses.
(4) Agricultural Uses.
(5) Landscape Uses is further classified as set forth below. Within each of the
Landscape Use subclassifications there is a further subclassification of Existing or New Plant
Material:
(a) Lawn and Landscaping.

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(b) Cemeteries.
(c) Golf Courses.
(d) Driving Ranges.
(e) Other Athletic Play Areas.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 5-4-87, 4-9-06.

40D-21.571 Method of Withdrawal Classifications.


Each water user may be classified by one or more of the following methods of
withdrawal classes:
(1) Surface Waters:
(a) Pump,
(b) Gravity Flow;
(2) Ground Waters:
(a) Artesian Well,
(b) Pumped Well.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 5-4-87, 4-9-06.

PART VI. SPECIFIC RESPONSE MECHANISMS

40D-21.601 General.
(1) Purpose – this part of the Chapter sets forth specific restrictions and other
response mechanisms available to the District for implementation upon a declaration of a Water
Shortage or Water Shortage Emergency.
(2) The response mechanisms specified within this Plan may be modified by the
Board to address the specific Water Shortage or Water Shortage Emergency event. The selected
combination of restrictions and other response mechanisms shall be included in the notice(s) of
the shortage, as specified above in Rule 40D-21.275, F.A.C.
(3) Response mechanisms are presented for each Use Class and various
subcategories, as appropriate. It shall be the duty of each water user to keep informed as to the
phase of Water Shortage and the applicable response mechanisms for that phase.
(4) In addition to the restrictions specified in this part, all wasteful and unnecessary
water use is prohibited regardless of the phase of Water Shortage. Wasteful and unnecessary
water use includes the water use activities listed in Rule 40D-22.201(2), F.A.C., and any of the
following:
(a) Allowing water to be dispersed without any practical purpose to the water
user, regardless of the type of water use;
(b) Allowing water to be dispersed in a grossly inefficient manner, regardless
of the type of water use; and
(c) Allowing water to be dispersed to accomplish a purpose for which water
use is unnecessary or which can be readily accomplished through alternative methods without
water use.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 4-9-06.

40D-21.621 Phase I: Moderate Water Shortage.


(1) A Phase I Water Shortage is a hydrologic or climatic condition in which at least
one regional or local Drought Indicator has a moderately abnormal value. Upon declaration of a
Phase I Water Shortage, the District will provide notice to affected local governments and
Permittees about current conditions and weather predications, and those restrictions and other
response mechanisms set forth below and any other response mechanisms that are in effect for
the Phase I Water Shortage.
(2) Indoor Uses. The notice specified in Rule 40D-21.275(1), F.A.C., will include
practical tips about how to prevent wasteful and unnecessary Indoor Use through the use of
water conserving measures and devices. The notice may refer water users to website material or
fact sheets for this or additional information.
(3) Essential Use
(a) Fire Fighting
1. Fire hydrant testing shall not be restricted. However, each fire
department shall review or develop processes through which it can address inquiries from the
District and citizens about specific testing activity, so that citizens will understand that some fire
hydrant testing is necessary to protect human health, safety and welfare;
2. Fire suppression and fire prevention activities shall not be
restricted. However, each fire department or other fire-fighting agency should identify back-up
water sources in anticipation of drought conditions that could result in the loss of primary
sources, especially in areas where potable water is not available for fire-fighting purposes.
3. Maintenance of fire fighting facilities and equipment, including
fire engines and other emergency Mobile Equipment, shall not be restricted, except as provided
in Rule 40D-21.601(4). This specifically includes the use of a trigger (self-canceling) nozzle on
any garden-type hose used for cleaning or other maintenance purposes.
4. The notice specified in Rule 40D-21.275(4), F.A.C., that is sent to
fire and rescue officials will summarize the requirements listed above.
(b) Water Utility Use
1. Any water utility governed by a District-approved WSMP pursuant
to Rule 40D-22.441, shall prepare to activate applicable provisions.
2. As appropriate, given its staff resources and its relationship to
local code and law enforcement, each water utility shall develop enforcement procedures for
Water Shortage restrictions. This shall specifically include a mechanism for notifying the
District of possible violations involving a Permittee. If the utility is a nongovernmental entity, or
if a governmental agency other than the utility has responsibility for enforcement of the District's
Water Shortage orders, the procedures shall specifically include a mechanism for coordination
with the applicable local agency.
3. Potable water, sanitary sewer and reclaimed water line flushing
and disinfection shall not be restricted. However, each utility shall develop processes through
which it can address inquiries from the District and citizens about specific flushing and
disinfection activity, so that citizens will understand that some flushing is necessary to protect
human health, safety and welfare.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

4. The notice specified in Rules 40D-21.275(2) and (4), F.A.C., that


is sent to local elected officials and public supply Permittees will summarize the requirements
listed above.
(c) Medical and Health Use
1. The use of water for medical purposes shall not be restricted.
2. Other uses necessary for the protection of public health, safety and
welfare shall not be restricted.
(4) Commercial and Industrial Use
In addition to the requirements of any applicable Water Use Permit, the following
restrictions and other response mechanisms shall apply to all Commercial and Industrial Use, as
appropriate:
(a) All commercial and industrial Permittees shall review current water
conservation programs to assure that permit-required elements have been fully implemented and
to determine what additional demand management measures could be reasonably employed,
should resource conditions further deteriorate.
(b) Commercial and industrial use shall continue to be restricted by any
applicable Water Use Permit.
(5) Agricultural Use
(a) All Agricultural Permittees shall review current water conservation
programs to assure that permit-required elements have been fully implemented and to determine
what additional demand management measures could be temporarily employed, should resource
conditions further deteriorate.
(b) The following restrictions on water use shall apply, as appropriate:
1. Agriculture shall comply with the allowable watering hours,
exemptions from those hours and other provisions specified in Rule 40D-22, F.A.C. These
provisions expressly include exemptions for irrigation needed for plant protection, including
prevention of frost and freeze or heat damage and to water-in chemicals. Additionally, any
Agricultural water user with a variance from Rule 40D-22, F.A.C., to follow a published BMPs
document, shall continue to comply with the variance. In the context of allowable watering
hours, Agricultural Uses of center pivot and traveling gun technologies shall have the same
exemptions as Low-Volume Irrigation.
2. Agricultural Use shall continue to be restricted by any applicable
Water Use Permit.
(6) Landscape Use
(a) All Permittees authorized to use water for Landscape Use shall review
current water conservation programs to assure that permit-required elements have been fully
implemented and to determine what additional demand management measures could be
temporarily employed, should resource conditions further deteriorate.
(b) Lawn and Landscaping, Golf Course, Driving Range and Other Athletic
Play Area use shall comply with all applicable provisions of Rule 40D-22.
(c) An example copy of the notice specified in Rule 40D-21.275(3), F.A.C.,
shall be sent to the Florida Department of Financial Services – Bureau of Cemetery Services and
will include a summary of the requirements listed above.
(7) Other Uses
(a) All Permittees authorized to use water for purposes not described above
shall review current water conservation programs to assure that permit-required elements have

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been fully implemented and to determine what additional demand management measures could
be temporarily employed, should resource conditions further deteriorate.
(b) The following restrictions on water use shall apply to each other water use
activity, as appropriate:
1. Lawn and Landscaping Use associated with any activity shall
comply with applicable provisions of Rule 40D-22. This specifically includes an allowance for
the operation of an irrigation system during otherwise restricted days or hours for the discharge
of water from air conditioning units or similar water-dependent devices.
2. Recycling or secondary use of water shall occur, to the maximum
extent practicable. For example, a child's water slide or other recreational water device can be
positioned so that it discharges onto a turfgrass area that requires irrigation.
3. Water use essential to the activity, such as rinsing as part of the
process of Mobile Equipment cleaning is restricted only as provided in Rule 40D-21.601(2). For
example, this means that rinsing is allowed if done with the use of a trigger (self-canceling)
nozzle on any garden-type hose used for cleaning or other maintenance purposes.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 5-30-93, 4-9-06.

40D-21.631 Phase II: Severe Water Shortage.


(1) A Phase II Water Shortage is a hydrologic or climatic condition in which multiple
regional Drought Indicators have moderately abnormal values, or a local Drought Indicator for a
specific public supply has a severely abnormal value, such that conditions warrant prudent
actions to further assure that only reasonable water uses are occurring in the affected area.
Prudent actions include the use of temporary restrictions in addition to those imposed during a
Phase I event, such as a stricter “time of day” limitation on lawn watering. The Board will
request a 5% voluntary reduction in all water use, including reclaimed water blends. Notice of a
declaration of a Phase II Water Shortage will include the restrictions and other response
mechanisms set forth below and any other response mechanisms that are in effect for the Phase II
Water Shortage.
(2) Indoor Use. The notice specified in Rule 40D-21.275(1), F.A.C., will include
practical tips about how to achieve the requested reduction. The notice may refer water users to
website material or fact sheets for this or additional information.
(3) Essential Use
(a) Fire Fighting
1. Fire hydrant testing is allowed for the protection of human health,
safety and welfare. Each fire department or other fire protection unit shall implement processes
through which it addresses inquiries about specific testing activity. At a minimum, these
processes shall include the use of an on-site sign containing the name and telephone number of
the fire protection unit conducting the testing activity. A marked vehicle remaining on-site
during the activity may be used in lieu of a free-standing sign.
2. Fire suppression and fire prevention activities shall not be
restricted. However, each fire department or other fire-fighting agency shall review and revise,
as necessary, its list of primary and back-up water sources, especially in areas where potable
water is not available for fire-fighting purposes.

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3. Maintenance of fire-fighting facilities and equipment, including


fire engines and other emergency Mobile Equipment, shall not be restricted, except as provided
in Rule 40D-21.601(2). This specifically includes the use of a trigger (self-canceling) nozzle on
any garden-type hose used for cleaning or other maintenance purposes.
4. The notice specified in Rule 40D-21.275(4), F.A.C., that is sent to
fire and rescue officials will summarize the requirements listed above.
(b) Water Utility Use
The following restrictions and other response mechanisms shall apply to
all water utilities, as appropriate:
1. Any water utility governed by a District-approved WSMP shall
activate applicable provisions.
2. At a minimum, unless otherwise specified in the applicable
District-approved WSMP, each utility shall provide, directly or through the appropriate local
agency, the following:
a. Response, as needed, to enforcement referrals made by the
District. This shall involve, where necessary, a site investigation on the day of the week and the
time of day indicated on the violation complaints forwarded with an enforcement referral.
b. Information regarding possible violations involving a
Permittee, so that District staff can take the lead on such investigations;
c. Monthly transmittal of local enforcement data (number of
warnings and citations issued, plus details regarding the status of any complaint referral made by
the District) to the District, directly or via the water utility's Regional Authority of which it is a
member; and
d. Annual and as-needed transmittal of current contact
information for complaint referrals made by the District.
3. Water utilities shall augment the District's messaging efforts by
disseminating pertinent water conservation and demand management information. At a
minimum, each utility shall inform its customers about the Phase II Water Shortage declaration,
including how their primary and back-up water supplies could be affected and any ongoing local
water conservation projects, such as rebate or inspections offered by the utility, that may assist
its customers in their efforts to immediately reduce water consumption.
4. Water utilities shall institute or accelerate system-level water
conservation measures. At a minimum, each utility, or its contractor shall conduct a water audit
pursuant to AWWA standards and implement appropriate remedial actions if the water audit
identifies greater than 12% unaccounted water. If a water utility has conducted a water audit in
the past two years to comply with a Water Use Permit requirement or previous Water Shortage
declaration, an additional water audit is not necessary. However, the water utility must continue
to implement any specified remedial actions. If a water utility has not conducted a water audit in
the past two years, it must complete one within 90 days of the Phase II Water Shortage
declaration and then produce a copy of the audit report, including any required remedial action
implementation schedule, upon the District's request.
5. Potable water, sanitary sewer and reclaimed water line flushing
and disinfection is allowed for the protection of human health, safety and welfare. Each water
utility shall implement processes through which it addresses inquiries about specific line flushing
activity. At a minimum, these processes shall include the use of either an on-site sign containing
the name and telephone number of the agency conducting the flushing activity or establishment

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

and promotion of a hotline that customers and other concerned citizens can call to question
activity at a specific location. A marked vehicle remaining on–site during the activity may be
used in lieu of a free-standing sign.
6. The notice specified in Rule 40D-21.275(2), F.A.C., that is sent to
public supply Permittees will summarize the requirements listed above.
(c) Medical and Health Use
1. The use of water for medical purposes shall not be restricted.
2. The use of water for the protection of public health, safety and
welfare shall not be restricted.
(4) Commercial and Industrial
The following restrictions and other response mechanisms shall apply to each
commercial and industrial use, as appropriate:
(a) Each user whose use is governed by a commercial or industrial Water Use
Permit shall continue to comply with all permit requirements and terms.
(b) Each user whose use is not governed by a Water Use Permit shall
implement the following demand management measures as appropriate:
1. Reduce off-site discharge to the extent practicable;
2. Recycle water to the extent practicable;
3. Reduce clean-up requiring water use to the minimum required to
protect efficiency of the operation and prevent damage to equipment;
4. Reduce the washing of vehicles and other Mobile Equipment
except for health and safety needs or as otherwise required by published industry standards;
5. Maximize the use of the least restricted Source Class to which
there is access;
6. Power generation utilities are specifically requested to encourage
their customers to voluntarily reduce power consumption as a means to reduce water
consumption, and;
7. Water use essential to the activity, such as that consumed in a
manufacturing process, shall not be otherwise restricted.
(5) Agricultural Use
The following restrictions and other response mechanisms shall apply to all
agricultural activities, as appropriate.
(a) Each Agricultural Permittee shall comply with all of its Water Use Permit
requirements and terms. This specifically includes, for those Permittees located within the
Southern Water Use Caution Area, the ability to earn and expend "Water Conservation Credits"
pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review section, which is
incorporated by reference in Rule 40D-2.091, F.A.C.
(b) If a use is not governed by Water Use Permit, but the user has a valid
variance from Chapter 40D-22, F.A.C., to follow a published BMPs document, the user shall
continue to follow those BMPs.
(c) All other users not governed by a Water Use Permit shall implement the
following demand management measures, as appropriate:
1. Reduce off-site discharge to the extent practicable;
2. Recycle water to the extent practicable;
3. Reduce clean-up requiring water use to the minimum required to
protect efficiency of the operation and prevent damage to equipment;

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

4. Reduce the washing of vehicles and other Mobile Equipment;


except for health and safety needs or as otherwise required by BMPs, such to prevent the spread
of plant or animal diseases;
5. Maximize the use of the lesser or least restricted Source Class to
which there is access;
6. Except as otherwise noted herein, comply with the applicable
provisions and exemptions in Chapter 40D-22, F.A.C. These provisions include a ban on
supplemental irrigation between the hours of 10:00 a.m. and 4:00 p.m. These exemptions
include allowances for Low-Volume Irrigation technology, plant protection, testing and
maintenance of irrigation systems and irrigation to water in chemicals. In the context of
allowable watering hours, Agricultural Uses of center pivot and traveling gun technologies shall
have the same exemptions as Low-Volume Irrigation.
7. Water use essential to the activity, such as irrigation of crops or
maintenance of livestock, shall not be otherwise restricted.
(6) Landscape Use
(a) Golf Courses and Driving Ranges
The following restrictions and other response mechanisms shall apply to
all Golf Courses and Driving Range activities, as appropriate:
1. Each user whose use is governed by a Water Use Permit shall
comply with all permit requirements and terms. This specifically includes, for those Permittees
located within the Southern Water Use Caution Area the ability to earn and expend "Water
Conservation Credits" pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review
section, which is incorporated by reference in Rule 40D-2.091, F.A.C.
2. If a user is not governed by a Water Use Permit, the use may
continue as specified in Rule 40D-22.201(5)(b)1, F.A.C.
3. All other users not governed by a Water Use Permit and not
following Rule 40D-22.201(5)(b)1, F.A.C., shall implement the following demand management
measures as appropriate:
a. Reduce off-site discharge to the extent practicable;
b. Recycle water to the extent practicable;
c. Reduce clean-up requiring water use to the minimum
required to protect efficiency of the operation and prevent damage to equipment;
d. Reduce the washing of vehicles and other Mobile
Equipment except for health safety needs or as otherwise required by the published BMPs, such
as cleaning the blades on commercial lawn mowers to prevent the spread of Turfgrass diseases
between properties;
e. Maximize the use of the least restricted Source Class to
which there is access;
f. Supplemental irrigation shall be restricted to the hours of
12:01 a.m. to 8 a.m. or 6 p.m. to 11: 59 p.m. for properties less than two acres in size. Properties
two acres or larger may continue to irrigate during the allowable hours of 12:01 a.m. to 10:00
a.m. or 4:00 p.m. to 11:59 p.m.;
g. Except as otherwise noted herein, all irrigation shall
continue to comply with applicable provisions and exemptions in Chapter 40D-22, F. A. C.
These exemptions include allowances for plant protection on tees and greens, testing and
maintenance of irrigation systems and irrigation to water in chemicals.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

(b) Other Athletic Play Areas


The following restrictions and other response mechanisms shall apply to
all Athletic Play Areas, other than Golf Courses and Driving Ranges, as appropriate:
1. Each user whose use is governed by a Water Use Permit shall
comply with all permit requirements and terms. This specifically includes for those Permittees
located within the Southern Water Use Caution Area the ability to earn and expend "Water
Conservation Credits" pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review
section, which is incorporated by reference in Rule 40D-2.091, F.A.C.
2. Users whose use is not governed by a Water Use Permit shall
implement the following, as appropriate:
a. Reduce off-site discharge to the extent practicable;
b. Recycle water on-site to the extent practicable;
c. Reduce clean-up requiring water use to the minimum
required to protect efficiency of the operation or prevent damage to equipment;
d. Reduce the washing of vehicles and other Mobile
Equipment except for health and safety needs or as otherwise required by the BMPs, such as to
prevent the spread of Turfgrass disease;
e. Maximize the use of the least restricted Source Class to
which there is access;
f. Supplemental irrigation shall be restricted to the hours of
12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m. for properties less than two acres in size.
Properties two acres or larger may continue to irrigate during the allowable hours of 12:01 a.m.
to 10:00 a.m. or 4:00 p.m. to 11:59 p.m.
g. Except as otherwise noted herein, continue to comply with
applicable provisions and exemptions in Chapter 40D-22, F. A. C. These specifically include
allowances for plant protection of Turfgrass athletic fields, wetting clay tennis courts and similar
surfaces immediately prior to play, one extra irrigation application immediately after heavy
league play and the ability to have a special watering schedule under some circumstances
without applying for a variance.
(c) Lawns and Landscaping Use, including Cemeteries
The following restrictions and other response mechanisms shall apply to all Lawn
and Landscaping Use, including Cemeteries, as appropriate:
1. Each user whose use is governed by a Water Use Permit shall
comply with all permit requirements and terms. This specifically includes for those Permittees
located within the Southern Water Use Caution Area the ability to earn and expend "Water
Conservation Credits" pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review
section which is incorporated by reference in Rule 40D-2.091, F.A.C.
2. All other Lawn and Landscaping use shall implement the
following demand management measures, as appropriate:
a. Supplemental irrigation shall be restricted to the hours of
12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m. for properties less than two acres in size.
Properties two acres or greater may continue to irrigate during the allowable hours of 12:01 a.m.
to 10:00 a.m. or 4:00 p.m. to 11:59 p.m.
b. During the months of December, January and February,
lawn watering shall be reduced to one application per week, if needed, in accordance with the
following schedule:

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

i. Addresses with a house number ending in 0 or 1


may only water on Monday;
ii. Addresses ending with a 2 or 3, on Tuesday;
iii. Addresses ending with a 4 or 5, on Wednesday;
iv. Addresses ending with a 6 or 7, on Thursday;
v. Addresses ending with an 8 or 9 and locations with
a mix of addresses or for which an address cannot be determined (such as common areas
associated with a subdivision), on Friday;
vi. Cemeteries and other properties greater than two
acres in size that have a special irrigation schedule in accordance with Chapter 40D-
22.201(4)(C), F.A.C., or pursuant to a valid variance from Chapter 40D-22, F.A.C., may only
water each section of property on the first day of the week already assigned to it. For example, a
section of the property assigned a "Monday and Thursday" schedule may only water on Monday.
c. Reduce off-site discharge to the extent practicable.
d. Recycle water to the extent practicable.
e. Maximize the use of the least restricted Source Class to
which there is access.
f. Except as otherwise noted herein, comply with all
applicable provisions and exemptions of Chapter 40D-22, F.A.C., Lawn and Landscape
provisions include partial exemptions for New Plant materials, Low-Volume Irrigation of non-
lawn plant material, testing and maintenance of irrigation systems, irrigation to water-in
chemicals and spot treatment.
3. An example copy of the notice specified in Rule 40D-21.275(3),
F.A.C., shall be sent to the Florida Department of Financial Services – Bureau of Cemetery
Services and will include a summary of the requirements listed above.
(7) Other Uses
(a) Except as provided below, all users engaging in Other Use shall comply
with applicable provisions of Chapter 40D-22 and implement the following demand management
measures, as appropriate:
1. Reduce off-site discharge to the extent practicable;
2. Recycle water to the extent practicable;
3. Maximize the use of the least restricted Source Class to which
there is access;
4. Reduce non-essential uses to the extent practicable.
(b) Cooling, Heating and Air Conditioning Use
1. The use of water in a cooling tower or other water-dependent
cooling, heating or air conditioning system shall be restricted to that amount of water necessary
to maintain an appropriate temperature for the associated activity.
2. Discharge of water from cooling, heating or air conditioning
systems shall be to pervious surfaces where economically feasible and environmentally
appropriate. If said discharge must be sent to an impervious surface or is disposed of through an
irrigation system, the user is encouraged to register the physical location with the District's
Demand Management staff in order to circumvent compliance actions that could otherwise be
triggered.
(c) Aesthetic Use (fountains, waterfalls and other artistic water features)

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

1. If an aesthetic use also provides a necessary water quality benefit,


such as aeration of a stormwater pond, it may be operated as necessary.
2. All other outdoor aesthetic uses shall be limited to eight hours a
day, and the user shall post the normal hours of operation for the aesthetic use.
(d) Recreation Area Use
1. All pools shall be maintained in a manner that minimizes the need
for make-up water. This shall include the prompt repair of leaks, optimum scheduling of
backwash filtration and the use of shade or covers to reduce evaporation.
2. Commercial and institutional uses of water for recreational
purposes shall comply with Rule 40D-21.631(4).
3. Residential and other non-commercial uses of water for
recreational purposes shall be reduced to the maximum extent practicable. For example:
a. Use of a sprinkler or sprinkler-like device on a Lawn for
recreational purposes shall be restricted to the watering day(s), watering times and horticulturally
necessary amounts for the address involved.
b. Use of a wading pool, water slide, or other child-oriented
recreation device shall include discharge or emptying onto a Lawn or Landscape area that
requires irrigation.
(e) Water Body Augmentation
Augmentation of a pond or other water body shall be limited to the
following circumstances:
1. As required by a Water Use Permit or Environmental Resource
Permit, typically for environmental mitigation purposes.
2. The minimum necessary to maintain and preserve the structural
integrity of a newly constructed or recently altered pond.
3. The minimum needed to maintain and preserve habitat for native
fish and wildlife.
4. Where lake levels are below the lowest minimum level or guidance
level, as applicable, established for that lake by the District.
(f) Washing or cleaning outdoor impervious surfaces
1. Pressure Washing buildings or other structures in preparation for
painting or other necessary maintenance is allowed.
2. Annual Pressure Washing buildings, other structures, driveways,
sidewalks and other impervious surfaces as part of a planned maintenance program to either
maintain a warranty or prevent a "slip and fall" hazard is allowed.
3. Washing or cleaning streets in preparation of, or immediately after,
a parade or other public event is allowed.
4. Washing or other water-based cleaning of streets or other
impervious surfaces, other than that described above, shall be prohibited, except to meet federal,
state, or local health or safety standards. These standards specifically allow for required dust
control.
(g) Mobile Equipment Washing
1. Commercial car washes, hand-detailing operations and similar
establishments shall comply with Rule 40D-21.631(4), F.A.C.

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

2. Car wash fundraisers held on behalf of non-profit organizations are


allowable, provided participants use water in an efficient manner. This specifically includes the
use of a trigger (self-canceling) nozzle on any garden-type hose used.
3. Washing of fire trucks and other emergency vehicles shall comply
with Rule 40D-21.631(3)(a)3, F.A.C.
4. Rinsing boats and flushing boat engines is allowed after each use,
as necessary, to remove salt water or to prevent the transportation of exotic plant or animal
material.
5. Cleaning agricultural vehicles in accordance with canker
abatement procedures, animal husbandry practices and other activities endorsed by the
University of Florida's Institute of Food and Agricultural Sciences or United States Department
of Agriculture is allowed, as necessary.
6. Other than as described above, car, truck and other Mobile
Equipment washing shall be accomplished using low volume methods only, such as with a hand-
held hose equipped with a trigger (self-canceling) nozzle and shall be restricted to only one
washing a week. At a residential property, this activity shall only occur on Tuesday or Saturday
for an Even Address and only Wednesday or Sunday for an Odd Address.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 5-30-93, 4-9-06.

40D-21.641 Phase III: Extreme Water Shortage.


(1) A Phase III Water Shortage is a hydrologic or climatic condition in which
multiple regional Drought Indicators have severely abnormal values, or a local Drought Indicator
for a specific public supply has an extremely abnormal value, such that conditions warrant
temporary minimization of nonessential water use and/or preparation for supply augmentation.
The Governing Board will request a 10% voluntary reduction in all water use, including
reclaimed water blends. Notice of a declaration of a Phase III Water Shortage will include those
response mechanisms set forth below and any other response mechanisms, that are in effect for
the Phase III Water Shortage.
(2) Indoor Use. The notice specified in Rule 40D-21.275(1), F.A.C., will include
practical tips specific to Indoor Use about how to achieve the requested reduction. The notice
may refer water users to website material or fact sheets for this or additional information.
(3) Essential Use
(a) Fire Fighting
1. Each fire department or other fire suppression unit shall implement
or continue to implement provisions of Rule 40D-21.631(3)(a), F.A.C., except that fire hydrant
testing is limited to only that conducted by fire service personnel and vendors that the applicable
fire department has authorized to conduct that activity during the specific Water Shortage event.
2. Each fire department or other fire suppression unit is encouraged to
work with District staff to proactively locate potential back-up sources, such as existing
permitted supplies, especially in areas where potable water is not available for fire-fighting
purposes.
3. The notice specified in Rule 40D-21.275(4), F.A.C., that is sent to
fire and rescue officials will summarize the requirements listed above.
(b) Water Utility Use

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

In addition to the requirements of the applicable Water Use Permit, the


following restrictions and other response mechanisms shall apply to all water utilities, as
appropriate:
1. Any water utility governed by a District-approved WSMP shall
activate applicable provisions.
2. Water utilities shall keep the District informed of the status of their
potable water and reclaimed water systems to help the District detect regional trends, provide
accurate information to the media and the general public and offer assistance in localized water
supply problems. At a minimum, unless otherwise specified in the applicable District-approved
Water Shortage Mitigation Plan, each water utility shall provide:
a. A report to the District's Demand Management staff
regarding the status of its potable water and reclaimed water systems. This report shall be
provided within 30 days of the effective date of a Phase III Water Shortage order. It should be
concise, focusing on any current or anticipated shortage-related challenges, such as distribution
pressure problems, quantity or quality concerns about primary and back-up supplies and planned
strategies for additional demand management and/or supply supplementation in the event that the
drought continues or worsens.
b. Regular status updates to the District's Demand
Management staff. These updates may be brief and verbal instead of written. Unless another
reporting frequency is needed for statewide coordination purposes, these updates will be required
on a monthly basis.
c. Updates to District's Demand Management staff on a more
frequent basis when there is a major or sudden change in status.
3. Water utilities shall plan for supply supplementation or
replacement, including coordination with District staff to request any appropriate emergency
order.
4. At a minimum, unless otherwise specified in the applicable District
approved Water Shortage Mitigation Plan, each water utility should provide, directly or through
the appropriate local agency, the following:
a. Response, as needed, to enforcement referrals made by the
District and violation complaints made by members of the general public. This shall involve,
when necessary, a site investigation on the day of the week and time of day indicated in the
enforcement referrals or violation complaints.
b. Compliance monitoring, as appropriate, in portions of the
service area where complaints appear to be prevalent.
c. Issuance of a citation, without needing to first issue a
warning, in response to any violation that occurs more than 14 days after the effective date of a
Phase III Water Shortage order declaration. Warnings may still be issued if the violation is not
confirmed or involves extenuating circumstances.
d. Implementation or continued implementation of all
provisions specified in Rules 40D-21.631(3)(b)2.b, c and d, F.A.C.
5. Water utilities shall augment the District's messaging efforts by
disseminating pertinent water conservation and demand management information. At a
minimum, each utility shall inform its customers about the Phase III Water Shortage declaration,
including how their primary and back-up water supplies could be affected and any ongoing local

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

water conservation projects, such as rebate or inspections offered by the water utility that may
assist its customers in their efforts to immediately reduce water consumption.
6. Water utilities shall institute or continue to institute system-level
water conservation measures as specified in Rule 40D-21.631(3)(b)(4).
7. Potable water, sanitary sewer and reclaimed water line flushing
and disinfection shall be limited to the minimum required for the protection of human health,
safety and welfare. Each utility shall implement or continue to implement the inquiry processes
specified in Rule 40D-21.631(3)(b)(5), and shall limit the use of unattended manual flushing as a
means of minimizing inquiries and maximizing potential water savings.
8. The notice specified in Rule 40D-21.275(3), F.A.C., that is sent to
the public supply Permittees will summarize the requirements listed above. Although it is the
responsibility of permittees to notify their wholesale customers, the District will endeavor to
send a copy of this notice to affected water utilities that are not permittees but are instead served
by a permittee, such as the member governments of a Regional Authority.
(c) Medical and Health Use
1. The use of water for medical purposes shall not be restricted.
2. The use of water for the protection of public health, safety and
welfare shall not be restricted.
(4) Commercial and Industrial Use
In addition to the requirements of the applicable Water Use Permit, the following
restrictions and other response mechanisms shall apply to all commercial and industrial use, as
appropriate, including efforts that may go beyond normally applicable Water Use Permit
requirements, as appropriate:
(a) Inform the District about any drought-related challenges with their water
supplies. At a minimum, each Permittee shall, within 14 days of receipt of the District's Water
Shortage declaration notice and when any major change in water supply status occurs, notify the
District's Demand Management staff regarding: any water well failures, quantity or quality
concerns about primary water supplies, any anticipated need for supply supplementation and
planned strategies for supply supplementation in the event that the drought continues or worsens.
(b) Eliminate off-site discharge to the extent practicable;
(c) Recycle water to the extent practicable;
(d) Suspend clean-up requiring water use, except for the minimum required to
protect efficiency of the operation and prevent damage to equipment;
(e) Suspend the washing of vehicles and other Mobile Equipment, except for
the minimum required to meet health and safety needs or as otherwise required by published
industry standards;
(f) Maximize use of the least restricted Source Class to which there is access;
(g) Eliminate non-essential uses;
(h) Power generation utilities only: if using a water source that is affected by
the Phase III declaration, encourage customers to voluntarily reduce power consumption as a
means to reduce water consumption.
(5) Agricultural Uses
In addition to the requirements of the applicable Water Use Permit, the following
restrictions and other response mechanisms shall apply to all Agricultural Use, as appropriate:
(a) Inform the District about any drought-related challenges with their water
supplies. At a minimum, each Permittee shall, within 14 days of receipt of the District's

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JANUARY 2008 WATER SHORTAGE PLAN CHAPTER 21

declaration notice and when any major change in water supply status occurs, notify the District's
Demand Management staff regarding: any water well failures, quantity or quality concerns about
primary water supplies, any anticipated need for supply supplementation and planned strategies
for supply supplementation in the event that the drought continues or worsens;
(b) Each Agricultural Permittee shall comply with all of its Water Use Permit
requirements and terms. This specifically includes, for those Permittees located within the
Southern Water Use Caution Area, the ability to earn and expend "Water Conservation Credits"
pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review section, which is
incorporated by reference in Rule 40D-2.091, F.A.C.;
(c) Eliminate off-site discharge to the extent practicable. For example,
agricultural irrigation involving the use of seepage systems shall be operated in a manner that
will eliminate surface runoff and loss of water through lateral seepage to open ditches;
(d) Recycle water to the extent practicable;
(e) Suspend clean-up requiring water use, except for the minimum required to
protect efficiency for the operation and prevent damage to equipment;
(f) Suspend the washing of vehicles and other Mobile Equipment, except for
the minimum required to protect animal or human health and safety needs, or as otherwise
required by published BMPs, such as to prevent the spread of plant disease;
(g) Maximize use of the least restricted Source Class to which there is access;
(h) Eliminate non-essential uses;
(i) Except as otherwise noted herein, continue to comply with applicable
provisions and exemptions in Chapter 40D-22. These exemptions include: allowances for Low-
Volume Irrigation technology, plant protection, testing and maintenance of irrigation systems
and irrigation to water-in chemicals. In the context of allowable watering hours, Agricultural
Uses of center pivot and traveling gun technologies shall have the same exemptions as Low-
Volume Irrigation.
(6) Landscape Use
(a) Golf Courses and Driving Ranges
In addition to the requirements of the applicable Water Use Permit, the
following restrictions and other response mechanisms shall apply to all Golf Courses and
Driving Ranges, including efforts that may go beyond normally applicable Water Use Permit
requirements, as appropriate;
1. Inform the District about any drought-related challenges with their
water supplies. At a minimum, each Permittee shall, within 14 days of receipt of the District's
Water Shortage declaration notice and when any major change in water supply status occurs,
notify the District's Demand Management staff regarding any anticipated need for supply
supplementation and planned strategies for supply supplementation in the event that the drought
continues or worsens.
2. Each Permittee shall comply with all of its Water Use Permit
requirements and terms. This specifically includes for those Permittees located within the
Southern Water Use Caution Area, the ability to earn and expend "Water Conservation Credits"
pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review section, which is
incorporated by reference in Rule 40D-2.091, F.A.C.
3. Eliminate off-site discharge to the extent practicable;
4. Recycle water to the extent practicable;

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5. Suspend clean-up requiring water use, except for the minimum


required to protect efficiency of the operation and prevent damage to equipment.
6. Suspend the washing of golf carts, lawn mowers and other Mobile
Equipment, except for the minimum necessary to meet health and safety needs or as otherwise
required by published BMPs, such as to prevent the spread of Turfgrass disease;
7. Maximize use of the least restricted Source Class to which there is
access;
8. Eliminate non-essential uses and take appropriate actions to avoid
water use increases. This may include the following, as appropriate:
a. Postponing any planned Turfgrass renovation for the
duration of the Phase III Water Shortage declaration.
b. Reducing wear on fairways by restricting cart traffic to
designated paths only.
c. Modifying nutritional, soil amendment and mowing
practices to minimize water stress.
d. Limiting overseeding to tees and greens only.
e. Educating golfers and guests about the ongoing drought,
the steps that the facility is taking to reduce water use and how golfers and guests can conserve
water while visiting the facility.
9. Supplemental irrigation ("normal watering") shall be restricted to
the allowable hours of 12:01 a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m.
10. Tees, golf course greens and practice greens shall receive
supplemental irrigation no more than three times per week. Upon specific request by the
District, a course may be required to maintain a log documenting when this irrigation occurs.
11. Fairways and driving range greens shall receive supplemental
irrigation no more than once per week during the months of December, January and February
and no more than twice per week during the other months of the year. Upon specific request by
the District, a course may be required to maintain a log documenting when this irrigation occurs.
12. Roughs shall not be irrigated, except that irrigation may occur
when used for the disposal of excess reclaimed water (i.e., wet weather disposal).
13. From days 31 through 60 of the allowable 60-day "establishment
period" exemption provided in Chapter 40D-22, F.A.C., irrigation of New Plant Material may
only occur on three days each week.
14. Except as otherwise noted herein, all irrigation and Other Uses
shall comply with the applicable exemptions in Chapter 40D-22, F.A.C., Exemptions, shall
continue to include allowances for plant protection on tees and greens, testing and maintenance
of irrigation systems and irrigation to water in chemicals.
(b) Other Athletic Play Areas
In addition to the requirements of the applicable Water Use Permit, the
following restrictions and other response mechanisms shall apply to all Athletic Play Areas,
except Golf Courses and Driving Ranges, as appropriate:
1. Inform the District about any drought-related challenges with their
water supplies. At a minimum, each Permittee shall, within 14 days of receipt of the District's
Water Shortage declaration notice and when any major change in the water supply status occurs,
notify the District's Demand Management staff regarding: any water well failures, quantity or
quality concerns about the primary water supplies, any anticipated need for supply

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supplementation and planned strategies for supply supplementation in the event that the drought
continues or worsens;
2. Each Permittee shall comply with all of its Water Use Permit
requirements and terms. This specifically includes for those Permittees located within the
Southern Water Use Caution Area the ability to earn and expend "Water Conservation Credits"
pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review section, which is
incorporated by reference in Rule 40D-2.091, F.A.C.;
3. Eliminate off-site discharge to the extent practicable;
4. Recycle water to the extent practicable;
5. Suspend clean-up requiring water use, except for the minimum
required to protect efficiency of the operation and prevent damage to equipment;
6. Suspend the washing of lawn mowers and other Mobile
Equipment, except for the minimum necessary to meet health and safety needs or as otherwise
required by published BMPs, such as to prevent the spread of Turfgrass disease;
7. Users having access to more than one Source Class shall maximize
use of the least restricted Source Class to which there is access;
8. Eliminate non-essential uses and take appropriate actions to avoid
water use increases. This may include the following, as appropriate:
a. Postponing any planned Turfgrass renovation for the
duration of the Phase III Water Shortage declaration.
b. Reducing wear on athletic fields as practical.
c. Modifying nutritional, soil amendment and mowing
practices to minimize water stress.
d. Educating players and guests about the ongoing drought,
the steps that the facility is taking to reduce water use and how players and guests can conserve
water while visiting the facility;
9. Supplemental irrigation shall be restricted to the hours of 12:01
a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m.;
10. Turfgrass fields shall receive supplemental irrigation no more than
once per week during the months of December, January and February and no more than twice
per week during the other months of the year;
11. From days 31 through 60 of the allowable 60-day "establishment
period" exemption provided in Chapter 40D-22, F.A.C., irrigation of New Plant Material may
only occur on three days each week.
12. Except as otherwise noted herein, all irrigation and Other Uses
shall comply with applicable provisions and exemptions in Chapter 40D-22, F.A.C. These
exemptions specifically include: allowances for plant protection of Turfgrass athletic fields,
wetting of clay tennis courts and similar surfaces immediately prior to play, one extra irrigation
application immediately after heavy play to encourage athletic field Turfgrass repair and, under
certain circumstances, the ability to have a special watering schedule without applying for a
variance.
(c) Lawn and Landscaping Use, including Cemeteries:
In addition to the requirements of the applicable Water Use Permit, the
following restrictions and other response mechanisms shall apply to all Lawn and Landscaping
Use, including Cemeteries, as appropriate:

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1. An example copy of the notice specified in Rule 40D-21.275(3),


F.A.C., shall be sent to the Florida Department of Financial Services – Bureau of Cemetery
Services and will include a summary of the requirements listed below.
2. Each Permittee shall comply with all of its Water Use Permit
requirements and terms. This specifically includes for those Permittees located within the
Southern Water Use Caution Area the ability to earn and expend "Water Conservation Credits"
pursuant to Rule 40D-2.621, F.A.C., and the associated Basis of Review section, which is
incorporated by reference in Rule 40D-2.091, F.A.C.
3. Eliminate off-site discharge to the extent practicable;
4. Recycle water to the extent practicable;
5. Suspend clean-up requiring water use, except for the minimum
required to protect efficiency of the operation and prevent damage to equipment;
6. Suspend the washing of lawn mowers and other mobile equipment,
except for the minimum necessary to meet health and safety needs or as otherwise required by
published BMPs, such as the spread of Turfgrass disease.
7. Maximize the use of the least restricted Source Class to which
there is access.
8. Eliminate non-essential uses and take appropriate actions to avoid
water use increases. This specifically includes postponing any planned Turfgrass renovation for
the duration of the Phase III Water Shortage declaration. Other potential actions may include,
but are not limited to modifying nutritional, soil amendment and mowing practices to minimize
water stress.
9. From days 31 through 60 of the allowable 60-day "establishment
period" exemption, irrigation of New Plant Material may only occur on three days a week.
During this portion of the "establishment period" exemption, Even Addresses may only water
New Plant Material on Tuesday, Thursday and/or Saturday and Odd addresses may only water
New Plant Material or Wednesday, Friday and/or Sunday.
10. Supplemental irrigation for properties with an automatic timer or
in-ground system which are less than one acre in size, may only occur during the hours of 12:01
a.m. to 4:00 a.m. or 8:00 p.m. to 11:59 p.m. Properties one acre or greater in size may continue
to irrigate during the allowable hours of 12:01 a.m. to 10 a.m. or 4 p.m. to 11:59 p.m. Each
property under two acres in size may only use one of its two allowable time periods, and each
water utility may designate which of these time periods their customers shall use.
11. Supplemental irrigation accomplished by microirrigation or other
low volume technology, or by manual means (handwatering or irrigation that does not involve
the use of an automatic timer or in-ground system), may only occur during the hours of 12:01
a.m. to 8:00 a.m. or 6:00 p.m. to 11:59 p.m.
12. During the months of December, January and February, lawn
watering shall be reduced to only one application per week. Unless otherwise specified by the
water provider in an alternative schedule approved by the District in a Water Shortage Mitigation
Plan or as an event specific variance, this watering shall be in accordance with the following
schedule:
a. Addresses with a “house number” ending in 0 or 1 may
water on Monday;
b. Addresses ending with a 2 or 3 on Tuesday;
c. Addresses ending with a 4 or 5, on Wednesday;

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d. Addresses ending with a 6 or 7 on Thursday;


e. Addresses ending with an 8 or 9 and locations with a mix
of addresses, or for which an address cannot be determined (such as common areas associated
with a subdivision), of Friday; and
f. Cemeteries and other properties greater than 2 acres in size
that have a special irrigation schedule in accordance with Rule 40D-22.201(4)(c), F.A.C., or
properties regardless of size that have a special irrigation schedule pursuant to provisions of a
variance from Chapter 40D-22, F.A.C., may only water each section of property on the first day
of the week already assigned to it. For example, a section of the property assigned a "Monday
and Thursday" schedule may only water on Monday.
13. When the once-per-week Lawn watering schedule is applicable,
spot treatment shall only be allowed on the normally allowable watering day and Saturday (for
Even Addresses only) or Sunday (for Odd Addresses only).
14. Except as otherwise noted herein, all applicable exemptions and
other provisions of Chapter 40D-22, F.A.C., shall be in effect.
(7) Other Uses
(a) In addition to the requirements of the applicable Water Use Permit, the
following restrictions and other response mechanisms shall apply to all other use, as appropriate:
1. Eliminate off-site discharge to the extent practicable;
2. Recycle water on-site to the extent practicable;
3. Suspend clean-up requiring water use, except for the minimum
required to protect efficiency of the operation and prevent damage to equipment;
4. Suspend the washing of vehicles and other Mobile Equipment,
except for the minimum required to meet health and safety needs or as otherwise required by
published BMPs;
5. Maximize the use of the least restricted Source Class to which
there is access;
6. Eliminate non-essential uses and take appropriate actions to avoid
water use increases;
(b) Cooling, heating and air conditioning use shall comply with Rule 40D-
21.631(7)(b).
(c) Aesthetic use, for example water fountains, waterfalls and other artistic
water features with recirculation systems, shall be limited to operating eight hours a day and the
user shall post the normal hours of operation.
(d) Recreation use shall comply with Rule 40D-21.631(7)(d), F.A.C.
(e) Water Body Augmentation:
1. Augmentation shall be limited to those circumstances indicated in
Rules 40D-21.631(7)(e)1., 2. and 3., F.A.C.
2. Other augmentation, including augmentation of those water bodies
for which the District has established minimum levels, is prohibited except in accordance with
Chapter 40D-80, F.A.C.
(f) Washing or cleaning of outdoor impervious surfaces:
1. Pressure Washing of buildings or other structures in preparation
for painting and other necessary maintenance is allowed.

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2. All other washing or cleaning of impervious surfaces or structures


shall be prohibited, except to meet federal, state or local health or safety standards. These
standards specifically allow for required dust control.
(g) Mobile Equipment washing:
1. Commercial car washes, hand detailing operations and similar
establishments shall comply with Rule 40D-21.641(4), F.A.C.
2. Car wash fundraisers held on behalf of non-profit organizations are
prohibited, except for one-day events that were scheduled prior to the date of the Phase III Water
Shortage declaration.
3. Washing of fire trucks and other emergency vehicles is allowed in
accordance with Rule 40D-21.641(3)(a), F.A.C.
4. Rinsing of boats and flushing of boat engines is allowed after each
use when needed to remove salt water or to prevent the transportation of exotic plant or animal
material.
5. Cleaning agricultural vehicles in accordance with canker
abatement procedures, animal husbandry practices and other activities endorsed by the
University of Florida's Institute of Food and Agricultural Sciences and the United States
Department of Agriculture is allowed, as necessary.
6. Other than as described above, car, truck and other Mobile
Equipment washing shall be accomplished using low volume methods only, such as with a hand-
held hose equipped with a trigger (self-canceling) nozzle and shall be restricted to only one
washing a week. At a residential property, this activity may only occur on Tuesday or Saturday
for an Even Address, or Wednesday or Sunday for an Odd Address.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.175, 373.246, F.S. History –
New 11-19-84, Amended 7-2-86, 5-30-93, 4-9-06.

40D-21.651 Phase IV: Critical Water Shortage.


(1) A Phase IV Water Shortage is a hydrologic or climatic condition where multiple
regional Drought Indicators have extremely abnormal values, or the local Drought Indicator for a
specific public supply has a critically abnormal value, such that conditions warrant the temporary
suspension of nonessential use and/or initiation of supply augmentation. The Governing Board
will request a 20% voluntary reduction in all water use, including reclaimed water blends.
Notice of a declaration of a Phase IV Water Shortage will include those restrictions and other
response mechanisms set forth below and any other response mechanisms that are in effect for
the Phase IV Water Shortage.
(2) Indoor Use. The notice specified in Rule 40D-21.275(1), F.A.C., will include
practical tips specific to Indoor Use about how to achieve the requested reduction. The notice
may refer water users to website material or fact sheets for this or additional information.
(3) Essential Use
(a) Fire Fighting, Health and Medical water uses shall be subject to Rule 40D-
21.641(3)(a) and (c), F.A.C. The notice specified in Rule 40D-21.275(5), F.A.C., that is sent to
fire and rescue officials will summarize these requirements.
(b) Water Utility Use
1. The notice sent in accordance with Rule 40D-21.275(3), F.A.C.,
for a Phase IV Water Shortage declaration shall constitute a temporary modification of the

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requirements for each affected public supply Permitees. Although it is the responsibility of
permittees to notify their wholesale customers, the District will endeavor to send a copy of this
notice to affected water utilities that are not permittees but are instead served by a permittee,
such as the member governments of a Regional Authority.
2. Water utility use shall be subject to Rule 40D-21.641(3)(b),
F.A.C., with the following modifications;
a. Regular status updates shall be required on a weekly basis.
b. Water utilities shall promptly notify the District's
applicable Regulation Department and Demand Management staff about any new water supply
emergency and any supply supplementation or replacement that occurs in order to address or
prevent such an emergency.
c. Water utilities shall participate in Water Shortage
restriction enforcement as described in Rule 40D-21.641(3)(b)4, F.A.C., and take the following
additional actions when necessary to protect public health, safety and welfare:
i. Temporary limits to potable water service, or
augmented reclaimed water service, in response to a location specific request from the District to
remedy a violation of this Chapter that is causing, or likely to cause, a public health hazard or
property damage. These limits do not necessarily involve suspension of service, but may include
utilization of a regulator valve or other means by which the user can be constrained to the
amount of water necessary for reasonable Indoor Use. During a Phase IV Water Shortage,
repetitive Water Shortage restriction violations may constitute a public health hazard. The
applicable water utility shall determine the limitation method and may consider any reasonable
mitigating circumstances.
ii. Temporary waivers, or other means of deferring the
enforcement of local code violations, until after the Phase IV Water Shortage declaration has
been rescinded, if enforcement would result in an increase in water use and compliance is not
immediately required to protect public health, safety and welfare.
iii. Conditional certificates of occupancy, or some other
action resulting in the temporary waiver or deferral of specific requirements normally associated
with issuing a certificate of occupancy, such that installation of the Lawn or Landscaping
normally required for a new or substantially rehabilitated building can be delayed until after the
Phase IV Water Shortage declaration has been rescinded.
iv. Temporary suspension of the practice of issuing
letters of commitment, or some other action resulting in the temporary deferral of new
commitments to provide potable water or to augment reclaimed water, such that significant
additional customers are not added to the system until after the Phase IV Water Shortage
declaration has been rescinded.
(4) Commercial and Industrial Use
(a) The notice in accordance with Rule 40D-21.275(3), F.A.C., for a Phase IV
Water Shortage declaration shall constitute a temporary modification of the requirements for
each affected commercial and industrial Water Use Permit. The notice will summarize the
requirements listed below.
(b) Restrictions and other response mechanisms specified in Rule 40D-
21.641(4), F.A.C., shall apply, with the following modifications:

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1. Local offices of banks and other entities offering home loans or


mortgage services shall notify the District if they will not enter into new agreements with
properties affected by Rules 40D-21.651(2)(b)2.c.ii or iii, F.A.C.
2. Users shall, upon the specific request of the District, cease all uses
of water that are not essential to public health, safety and welfare.
3. Users shall, upon the specific request of the applicable water utility
with a District-approved WSMP, cease all uses of utility-provided water that are not essential to
public heath, safety and welfare.
(5) Agricultural Uses
(a) The noticing in accordance with Rule 40D-21.275(3), F.A.C., for a Phase
IV Water Shortage declaration shall constitute a temporary modification of the requirements for
each affected agricultural Water Use Permit. The notice will summarize the requirements listed
below.
(b) Restrictions and other response mechanisms specified in Rule 40D-
21.641(5), F.A.C., shall apply, with the following modifications:
1. Users shall promptly notify the District's applicable Regulation
Department Service Office and Demand Management staff about any new water supply
emergency and any supply supplementation or replacement that occurs in order to address or
prevent such an emergency.
2. Users shall, upon the specific request of the District, cease all crop
related uses of water that are not essential to public health, safety and welfare.
3. Users shall, upon the specific request of the applicable water utility
with a District-approved WSMP, cease all crop related uses of utility-provided water that are not
essential to public health, safety and welfare.
(6) Landscape Use and Driving Ranges
(a) Golf Courses
1. The noticing in accordance with Rule 40D-21.275(3), F.A.C., for a
Phase IV Water Shortage declaration shall constitute a temporary modification of the
requirements for each affected golf course Water Use Permit. This notice will summarize the
requirements listed below.
2. Restrictions and other response mechanisms specified in Rule
40D-21.641(6)(a), F.A.C., shall apply, with the following modifications:
a. Watering roughs and non-play native or naturalized areas
shall be prohibited.
b. Users shall promptly notify the District's applicable
Regulation Department Service Office and Demand Management staff about any new water
supply emergency and any supply supplementation or replacement that occurs in order to address
or prevent such an emergency.
c. The establishment period for New Plant Materials shall be
reduced to "15/30/15." This means that the material can be watered on any day for a 15-day
period starting the day it is installed, then up to three days a week during the next 30 day period,
then only two days a week during the final 15-day period.
d. Users shall, upon the specific request of the District, cease
all uses of water that are not essential to public health, safety and welfare.

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e. Users shall, upon the specific request of the applicable


water utility with a District-approved WSMP, cease all uses of utility-provided water that are not
essential to public health, safety and welfare.
(b) Other Athletic Play Areas
1. The noticing in accordance with Rule 40D-21.275(3), F.A.C., for a
Phase IV Water Shortage declaration shall constitute a temporary modification of the
requirements for each affected Water Use Permit. This notice will summarize the requirements
listed below.
2. Restrictions and other response mechanisms specified in Rule
40D-21.641(6)(b), F.A.C., shall continue to apply, with the following modifications:
a. Supplemental irrigation of Turfgrass shall only be allowed
once a week, regardless of the month.
b. Users shall promptly notify the District's applicable
Regulation Department Service Office and Demand Management staff about any new water
supply emergency and any supply supplementation or replacement that occurs in order to address
or prevent such an emergency.
c. The establishment period for New Plant Materials shall be
reduced to "15/30/15." This means that the material can be watered on any day for a 15-day
period starting the day it is installed, then up to three days a week during the next 30 day period,
then only two days a week during the final 15-day period.
d. Users shall, upon the specific request of the District, cease
all uses of water that are not essential to public health, safety and welfare.
e. Users shall, upon the specific request of the applicable
water utility with a District-approved WSMP, cease all uses of utility-provided water that are not
essential to public health, safety and welfare.
(c) Lawn and Landscaping Use, including Cemeteries:
1. The notice in accordance with Rule 40D-21.275(3), F.A.C., for a
Phase IV Water Shortage declaration shall constitute a temporary modification of the
requirements for each affected Water Use Permit. The notice will summarize the requirements
listed below. An example copy of the notice specified in Rule 40D-21.275(3), F.A.C., shall be
sent to the Florida Department of Financial Services – Bureau of Cemetery Services and will
include a summary of the requirements listed below.
2. All Lawn and Landscaping Use, including Cemeteries, shall
continue to comply with applicable provisions of Rule 40D-21.641(6)(c), F.A.C., with the
following modifications:
a. The establishment period for New Plant Materials shall be
reduced to "15/30/15." This means that the material can be watered on any day for a 15-day
period starting the day it is installed, then up to three days a week during the next 30-day period,
then only two days a week during the final 15-day period.
i. When "three days a week" establishment period
watering is allowed on properties less than one acre in size, Even Addresses may only water on
Tuesday, Thursday and Saturday; whereas, Odd Addresses may only water on Wednesday,
Friday and Sunday.
ii. When "two days a week" establishment period
watering is allowed on properties less than one acre in size, Even Addresses may only water on
Tuesday and Saturday, whereas, Odd Addresses may only water on Wednesday and Sunday.

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iii. When "three days a week" or "two days a week"


irrigation is allowed in cemeteries or on other properties one acre in size or larger, each property
shall maintain a written schedule of its establishment period watering.
b. Supplemental irrigation for properties with an automatic
timer or in-ground system may only occur during the hours of 12:01 a.m. to 4 a.m. or 8 a.m. or
8 p.m. to 11:59 p.m. Any property under one acre in size may only use one of the two allowable
time periods and the applicable water utility may designate which of these time periods their
customers shall use.
c. Supplemental irrigation accomplished by hand-watering,
microirrigation or other low volume technology, or by manual means only (such as an oscillating
sprinkler supplied by garden hose, or an in-ground system without an automatic timer) may only
occur during the hours of 4 a.m. to 8 a.m. or 6 p.m. to 10:00 p.m. Any property under one acre
in size may only use one of the two allowable time periods and the applicable water utility may
designate which of these time periods their customers may use.
d. Supplemental irrigation, except as otherwise provided
below, shall be limited to only one application per week during all months of the year in
accordance with Rule 40D-21.641(6)(c), F.A.C.
e. Supplemental irrigation of landscaping beds and other non-
Lawn plant material, when accomplished by handwatering, microirrigation and other Low-
Volume Irrigation methods, shall be limited to a maximum of three applications per week during
all months of the year.
i. Even Addresses under one acre in size shall only
accomplish this irrigation on Tuesday, Thursday and/or Saturday.
ii. Odd Addresses under one acre in size shall only
accomplish this irrigation on Wednesday, Friday and/or Sunday.
iii. Properties one acre or larger in size shall maintain a
written schedule of its Low-Volume Irrigation.
f. Spot treatment or syringing "hot spots" in Lawns is
prohibited.
g. Utilize the following additional actions, as appropriate, to
promote Lawn and Landscape survival without increasing water use:
i. Reduce foot traffic on lawn and other ground cover;
ii. Modify nutritional practices, such as reducing the
frequency of complete fertilizer applications;
iii. Spot-treat pest and weed problems instead of using
broadcast applications of chemicals that must be watered-in;
iv. Regularly test and maintain irrigation systems in
accordance with provisions of Chapter 40D-22, F.A.C., as a means of detecting and repairing
problems before plant damage or loss is extensive;
v. Use organic material or other soil amendments to
improve the soil's water retention capacity; and
vi. Adjust mowing practices to minimize water stress.
For example, mow Lawns to the longest acceptable height and mow frequently enough to only
remove one-third of the height each time.
3. Users shall, upon the specific request of the District, cease water
uses that are not essential to public health, safety and welfare.

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4. Users shall, upon the specific request of the applicable water utility
with a District-approved WSMP, cease uses of utility-provided water that are not essential to
public health, safety and welfare.
(7) Other Uses
(a) The noticing in accordance with Rule 40D-21.275(3), F.A.C., for a Phase
IV Water Shortage declaration shall constitute a temporary modification of the requirements for
each affected Water Use Permit. The notice will summarize the requirements listed below.
(b) Restrictions and other response mechanisms specified in Rule 40D-
21.641(7), F.A.C., shall apply, with the following modifications:
1. Cooling, heating and air conditioning use: Cooling towers,
geothermal units and similar water-using devices used in public spaces may only cool to a
minimum of 78 degrees Fahrenheit and heat to a maximum of 68 degrees Fahrenheit, except as
otherwise required for health or medical reasons.
2. Aesthetic Use: Aesthetic use including water fountains, waterfalls
and other artistic water features is prohibited. In public spaces, the owner or manager of such
features shall use signs, when practical, to indicate that this action was taken in compliance with
current Water Shortage restrictions.
3. Washing or Cleaning of Outdoor Impervious Surfaces: Washing
or cleaning of outdoor impervious surfaces, including Pressure Washing, is prohibited, except to
meet federal, state or local health or safety standards. These standards specifically allow for
required dust control.
4. Mobile Equipment Washing:
a. Routine washing of cars or trucks in residential settings and
car wash fundraisers held on behalf of a non-profit organization is prohibited.
b. Cleaning of cars, trucks and other Mobile Equipment in
other settings is also prohibited, with the following exceptions: washing of fire trucks and other
emergency vehicles, rinsing of boats after use, flushing of boat motors after use, necessary
cleaning of Lawn and maintenance and agricultural vehicles, rinsing of any vehicle after
exposure to saltwater or sewage and washing of any vehicle immediately prior to sale, rent or
lease (including lease termination, but excluding daily car or truck rentals).
5. Users shall, upon the specific request of the District, cease all uses
of water that are not essential to public health, safety and welfare.
6. Users shall, upon the specific request of the applicable water utility
with a District-approved WSMP, cease all uses of utility-provided water that are not essential to
public heath, safety and welfare.

Specific Authority 373.044, 373.113, FS., Law Implemented 373.175, 373.246, FS, History-
New – 4-9-06.

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40D-22
RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-22
YEAR-ROUND WATER CONSERVATION MEASURES

40D-22.011 Policy and Purpose.


40D-22.101 Definitions.
40D-22.201 Year-Round Water Conservation Measures.
40D-22.301 Variances. (Repealed)
40D-22.303 Variances and Waivers.
40D-22.401 Enforcement.

40D-22.011 Policy and Purpose.


(1) This chapter comprises the Southwest Florida Water Management District’s (District) Year-Round
Conservation Measures. It is the policy of the District to promote and require water conservation during
times of average and above average rainfall as well as during declared water shortages. To that end, the
purpose of this chapter is to promote long-term sustainability of the water resources of the District through
water use efficiency by regulatory means during times when no water shortage has been declared. The
measures contained in this chapter are intended to reduce wasteful irrigation practices and encourage lawn
and landscape drought conditioning. In addition to these measures, the District also uses Chapter 40D-2,
F.A.C., provisions and education and incentive programs to promote water conservation.
(2) This chapter applies to all water sources as provided herein and all water users as defined herein
engaged in irrigation, including those not subject to permitting pursuant to Chapter 40D-2, F.A.C.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.171, F.S. History – New 3-24-
92, Amended 9-15-03.

40D-22.101 Definitions.
When used in this rule:
(1) “Address” means the “house number” (a numeric or alphanumeric designation) that, together with
the street name, describes the physical location of a specific property. This includes “rural route” numbers
but excludes post office box numbers. If a lot number in a mobile home park or similar community is used
by the U.S. Postal Service to determine a delivery location, the lot number shall be the property’s address.
If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal
Service (e.g., the park manager sorts incoming mail delivered to the community’s address), then the
community’s main address shall be the property’s address.
(2) “Agriculture” means the science and art of production of plants and animals useful to humans,
including to a variable extent the preparation of these products for human use and their disposal by
marketing or otherwise, and includes aquaculture, horticulture, floriculture, zoological and botanical
specimen exhibits, viticulture, forestry, dairy, livestock, pasture, poultry, bees, and any and all forms of
farm products and farm production. Plant nurseries and Turfgrass production (“sod farming”) are
agriculture; however, the care of new or Existing Lawns, non-edible Landscapes, Cemeteries, Golf Courses
and Athletic Play Areas are not classified as Agriculture for the purpose of this chapter.
(3) “Athletic Play Area” means all golf course fairways, tees, and greens, and other athletic play
surfaces; for example, football, baseball, soccer, polo, tennis and lawn bowling fields, and rodeo, equestrian
and livestock arenas. A turfgrass area in a public park, when used for a festival or other scheduled event
that includes heavy foot traffic, is also considered an athletic play area for a period ending two weeks after
the event.
(4) “Cemeteries” means a place dedicated to and used or intended to be used for the permanent
interment of human or pet remains. A Cemetery may contain land or earth interment; mausoleum, vault, or
crypt interment; a columbarium, ossuary, scattering garden, or other structure or place used or to intended
to be used for the interment or disposition of cremated human or pet remains; or any combination of one or
more of such structures or places.
(5) “Domestic” and Other Sanitary Uses” means the use of water for the individual personal
household purposes of drinking, bathing, cooking, laundry, household cleaning, or other sanitation. Other

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November 5, 2009 Year Round Water Conservation Measures Chapter 22

uses often associated with domestic activities, such as Lawn Irrigation are classified elsewhere in this
chapter within appropriate use classes.
(6) “Driving Range” is the turfgrass at a practice or instructional facility that provides a simulated golf
fairway, simulated golf tee and simulated golf green. The simulated golf green associated with a simulated
golf fairway is primarily a visual target instead of a regulated play surface, and so does not receive the foot
traffic and related turfgrass damage normally associated with an actual golf green.
(7) “Even Numbered Address” means an Address, ending in the numbers 0, 2, 4, 6, 8 or the letters A-
M.
(8) “Existing” means any Lawn or Landscape, or portion thereof, which has been in existence in the
same location for a period of 60 days or more.
(9) “Frost/Freeze" or "Heat Stress” means the symptoms caused to plants or crops by extreme cold or
hot weather unless an irrigation event occurs; for example, permanent wilt damage, yield reductions and/or
plant death.
(10) “Golf Course” means an area of land laid out for the express purpose of playing golf, including all
greens, tees, fairways, and roughs.
(11) “Hand Watering” means watering plants or crops with one hand held hose, fitted with a self-
canceling or automatic shutoff nozzle, or a watering can or pail.
(12) “Irrigation” means the application of water to plants for the purpose of sustaining plant life,
promoting plant growth or to facilitate crop production.
(13) “Landscape” means a section of ground adorned or improved by flowering plants (whether annual
or perennial), vines, shrubs, palms, trees, ferns, ornamental grasses and groundcover other than Lawn.
(14) “Landscape Use” means the application of water to Lawns and associated Landscape surrounding
homes, commercial or industrial buildings, government or other non-commercial buildings, parks,
recreational areas, Cemeteries, non-play areas of Golf Courses, public and private right-of-ways and
medians but excluding Athletic Play Areas.
(15) “Lawn” means a plot of Turfgrass, usually tended or mowed, surrounding homes, commercial or
industrial buildings, government or other non-commercial buildings, parks, recreational areas, Cemeteries,
and public or private right-of-ways and medians, but excludes Athletic Play Areas, whether such areas are
free-standing or within a park or other setting.
(16) “Low-Volume Irrigation” means the use of Hand Watering, Micro-irrigation or other equipment
and devices specifically designed to allow the volume of water delivered to be limited to a level consistent
with the water requirement of the plant being irrigated and designed to allow that water to be placed with a
high degree of efficiency within the root zone of the plant.
(17) “Micro-irrigation” means any Irrigation device that distributes water near or within the root zone
through low flow rate and emitters. Examples of Micro-irrigation devices include drip, line source,
microspray, microsprinkler, bubbler and similar types of systems. The term specifically includes
propagation mist heads, capillary mats and soaker hoses. The term also includes water use in Mist Houses
and similar establishments for plant propagation and production, but excludes any form of turf irrigation
other than in a sod production ("turf farming") setting.
(18) “New Plant Material” means any Lawn or Landscape, or portion thereof, which has been in
existence in the same location for less than 60 days.
(19) “Odd Numbered Address” means an Address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.
(20) “Reclaimed Water” means water that has received at least secondary treatment and basic
disinfection and is reused after flowing out of a wastewater treatment facility.
(21) “Spot Treatment” is the Hand Watering of isolated areas of turfgrass or other plant material, such
as golf course greens, in order to efficiently deliver water needed to provide uniform moisture content.
This practice is a water-conserving means of compensating for differences in sun exposure, sprinkler
coverage, and other site-specific factors.
(22) “Sprigged turf area” means a turf area being established vegetatively by placing Sprigs in furrows
or small holes.
(23) “Sprigs” means individual stems of grass with one to four nodes (joints) from which roots can
develop. Sprigs may also be called runners, rhizomes, or stolons. Sprigs are a means of vegetative
propagation that is sometimes used to produce Golf Course greens, Golf Course fairways, other Athletic
Play Areas, and Lawns. Bermuda grass is the most common type of turfgrass propagated in this manner.
(24) “Syringing” is the watering of turfgrass or other plant material in order to lower the air
temperature around the leaf surfaces. This generally involves the use of Hand Watering or “fogging”

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November 5, 2009 Year Round Water Conservation Measures Chapter 22

irrigation equipment. The purpose of the special watering technique is to cool-off the leaf tissue, not to wet
the soil.
(25) “Turfgrass” means a dense growth of grass (any of numerous plants of the botanical family
Gramineae) being used as a ground cover to provide one or more of the following benefits: erosion control,
dust reduction, beautification, or as a playing surface for sports or recreation. Common turfgrasses in
Florida include, but are not limited to: Bahiagrass, Bermudagrass, and St. Augustinegrass.
(26) “User” means any person, individual, firm, association, organization, partnership, business trust,
corporation, company, agent, employee or other legal entity, the United States of America, and the State
and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly
or indirectly takes water from the water resource, including but not limited to uses from groundwater wells
and private or public utility systems.
(27) “Vertical Mowing” means a form of thatch removal involving the use of special equipment that
makes multiple vertical cuts into the Lawn or other turfgrass. Vertical Mowing may also be referred to as
verticutting.
(28) “Water resource” means any and all water on or beneath the surface of the ground, including
natural or artificial water courses, lakes, ponds, or diffused surface water and water percolating, standing,
or flowing beneath the surface of the ground, specifically including water withdrawn from wells, but
excluding seawater.
(29) “Water shortage or water shortage emergency” means that situation within all or part of the
District when the Governing Board or Executive Director has declared a water shortage pursuant to Section
373.175 or 373.246, F.S., or Chapter 40D-21, F.A.C.
(30) “Water Use Permit” (WUP) means a permit issued pursuant to Chapter 40D-2, F.A.C., authorizing
the use of water.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.171, 373.223, F.S. History –
New 3-24-92, Amended 9-15-03.

40D-22.201 Year-Round Water Conservation Measures.


(1) General Requirements – The year-round water conservation measures contained in this section are
applicable to all water Users, including end Users served by public or private water systems. The water
conservation measures contained herein shall be effective throughout all geographical areas within the
District. Any restrictions or other measures declared pursuant to Chapter 40D-21, F.A.C., or any Board or
Executive Director order that is more restrictive than a water conservation measure contained within this
chapter shall supersede the water conservation measure for the duration of the applicable water shortage
declaration.
(2) Wasteful and Unnecessary - In addition to the specific restrictions enumerated below, the
following wasteful and unnecessary water uses are prohibited:
(a) Allowing water to flow from an unattended hose, unless that water is discharge from a
functional water-to-air air conditioning unit, residential reverse osmosis treatment system, or similar
device.
(b) Handwatering a Lawn on an otherwise restricted day or more than once a day, except when
used for Spot Treatment or other practices specified in this rule.
(c) Hosing-down a driveway or other impervious surface to remove grass clippings or other
debris that can be removed with a broom or other dry methods.
(d) Hosing-down a building or other structure to remove cobwebs or other material that can be
removed with a broom or other dry methods.
(e) Allowing water to flow from a broken sprinkler head, outdoor faucet, or other malfunctioning
plumbing or irrigation system component, after receiving verbal or written notice of the malfunction from
the District, water utility, or local government.
(3) Irrigation Uses – The following requirements shall apply to all Irrigation except Agriculture, for
example: Lawns, Landscapes, Golf Courses, and other Athletic Play Areas.
(a) Irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as
otherwise provided herein.
(b) Irrigation systems may be operated during restricted days and/or times for cleaning and
maintenance purposes with an attendant on site in the area being tested. Irrigation systems may routinely

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November 5, 2009 Year Round Water Conservation Measures Chapter 22

be operated for such purposes no more than once per week, and the total run time for each zone shall not
exceed 10 minutes during the test.
(c) Irrigation for the purpose of chemigation, fertigation or watering-in of applied fertilizers,
insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by
federal, state or local law, or by applicable best management practices shall not be restricted, with two
exceptions when associated with a Lawn or Landscape. In the absence of specific alternative instructions
from the manufacturer, such watering-in shall be limited to one application of one-quarter inches within 24
hours of the application; and, such watering-in shall be accomplished during allowable watering hours
unless a professional applicator has posted a temporary sign containing the date of application and the
date(s) of needed watering-in activity and has also provided instructions listing the chemicals used and
stating that the watering-in must occur immediately rather than during allowable watering hours.
(d) Landscape may be watered using Low-Volume Irrigation methods on an as-needed basis
instead of being restricted to certain days or times.
(e) Lawns may be Spot Treated without regard to the normally allowable watering days or times.
Lawns may only be Spot Treated by Hand-Watering or other targeted, manual means.
(f) In order to promote necessary rhizome repair, extra watering of turfgrass may occur on any
day of the week for a 14-day period after Vertical Mowing has occurred. An entire zone of an Irrigation
system, may only be used for extra rhizome repair watering if the zone in question is for an area that
contains at least 50% Turfgrass recovering from Vertical Mowing. If a zone contains less than 50%
recovering Turfgrass, or if the recovering Turfgrass area is typically not watered by an Irrigation system,
only the recovering Turfgrass is eligible for this 14-day exemption. Targeted watering may be
accomplished by Hand Watering, or any appropriate method which isolates and waters only the recovering
Turfgrass.
(g) New Plant Material shall only be irrigated as follows:
1. Any New Plant Material may be irrigated, for the purpose of maintaining plant health and
encouraging root grow-in, during a 60-day establishment period. From day 1 through day 30 of this
establishment period, irrigation may occur on any day of the week. From day 31 through day 60 of this
establishment period, irrigation is limited to one application on each of three specified days, except as
otherwise provided herein. The three allowable days shall be as follows: Even Numbered Addresses may
provide establishment period irrigation on Tuesday, Thursday and Sunday and Odd Numbered Addresses
may provide establishment period irrigation on Monday, Wednesday and Saturday.
2. This establishment period begins the day the New Plant Material is installed, and is
limited to areas containing New Plant Materials only. An entire zone of an Irrigation system may only be
used for establishment period watering if the zone in question is for an area that contains at least 50% New
Plant Material. If a zone contains less than 50% New Plant Material, or if the New Plant Material is in an
area that will be typically not be watered by an Irrigation system, only the New Plant Material is eligible
for this 60-day exemption. Targeted watering may be accomplished by Hand Watering, or any appropriate
method which isolates and waters only the New Plant Material.
3. On the day any New Plant Material is installed, it may be irrigated once without regard to
the normally allowable watering times. Irrigation of the soil immediately prior to the installation of New
Plant Material is also allowable without regard to the normally allowable watering times.
4. Irrigation of Sprigged turfgrass areas is allowable without regard to the normally
allowable watering times for the entire 60-day establishment period.
5. Irrigation of new Turfgrass areas or other New Plant Material associated with a public
works project, when and where conducted using tanker trucks or other vehicles, is allowable without regard
to the normally allowable watering times for the entire 60 day establishment period.
6. Landscape may continue to be irrigated on an as-needed basis without regard to the
normally allowable watering days or times after the establishment period ends if Low-Volume Irrigation
technology is used, pursuant to paragraph 40D-22.201 (1) (d), F.A.C.
7. Except as otherwise provided herein, all other such establishment period watering shall
occur during normally allowable watering times.
(h) Irrigation using Reclaimed Water shall not be restricted except as further restricted by a local
government or other Reclaimed Water provider, as necessary, to promote conservation of this alternative
water source. However, all properties should voluntarily conserve Reclaimed Water by not irrigating
between the hours of 10:00 a.m. and 4 p.m. In addition, if Irrigation is done with a source that contains a
blend of Reclaimed Water and potable water, ground water, pond water or some other supply, the use of

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November 5, 2009 Year Round Water Conservation Measures Chapter 22

this blended water shall be subject to the restrictions that apply to that other supply, except for the
following circumstances:
1. The other supply is incidental stormwater runoff that enters a Reclaimed Water storage
pond;
2. The other supply is a withdrawal regulated by a District Water Use Permit, provided that
the quantity being blended with the Reclaimed Water is specifically authorized for blending purposes. For
example, this other supply may be withdrawals from an un-augmented stormwater system or water
recovered from a permitted ASR well that stores seasonal diversions from a surface water body, including
ASR well testing authorized in preparation for permit issuance;
3. The other supply is water recovered from a Reclaimed Water ASR well permitted by the
Florida Department of Environmental Protection, including Reclaimed Water ASR well testing authorized
in preparation for permit issuance; or
4. The applicable Reclaimed Water provider is implementing a District-authorized variance
from the provisions of Rule 40D-22.201, F.A.C., which addresses use of the reclaimed water blend.
(i) The operation of an Irrigation system for the discharge of water from a water-to-air air
conditioning unit or other water-dependent cooling system shall not be subject to the provisions of this rule.
(j) Irrigation of established Turfgrass and Landscape associated with a public works project,
when and where conducted using tanker trucks or other vehicles, is allowable without regard to the
normally allowable watering days and times, except that Irrigation of Turfgrass by this method is limited to
a maximum of two applications of ¾ inches of water in any seven-day period after conclusion of the
establishment period exemption specified above.
(4) Lawn and Landscape Use – The following additional requirements or exceptions to subsections
40D-22.201(1) – (3), F.A.C., shall apply to the Irrigation of Lawns and Landscape.
(a) Except as otherwise specified in this chapter, Even Numbered Addresses may accomplish
necessary Lawn and Landscape Irrigation on only Thursday and/or Sunday.
(b) Except as otherwise specified in this chapter, Odd Numbered Addresses may accomplish
necessary Lawn and Landscape Irrigation on only Wednesday and/or Saturday.
(c) Except as otherwise specified in this Chapter, all properties not included in (4)(a) and (b)
above, including rights-of-way and common areas not associated with a specific property and other
locations without any discernable address, may accomplish necessary lawn and landscape irrigation on only
Tuesday and/or Friday.
(d) Cemeteries and other Users irrigating property two acres or greater may water one-half of the
property on the days allowed for Even Numbered Addresses and may water the remaining one-half on the
days allowed for Odd Numbered Addresses. Each such User is required to maintain a map or sketch on site
that indicates which days each part of the property will be watered, and the District or applicable local
government may require that a copy of this same map or sketch be provided for verification or enforcement
purposes. If a specific property is unable to comply with this schedule, the variance process may be used to
register an alternative schedule acceptable to the District.
(e) Any automatic irrigation system in use must include a properly installed, maintained and
operating device or system that inhibits or interrupts operation of the irrigation system during periods of
sufficient moisture. Examples of such technology include a rain sensor, a soil moisture sensor or an ET-
based controller with local weather station.
(5) Golf Courses – The following additional requirements or exceptions to subsections 40D-22.201
(1) – (3), F.A.C., shall apply to Golf Course Irrigation as appropriate:
(a) Users whose uses require and are authorized by a WUP have been evaluated by the District
and required to maintain compliance with all WUP conditions and terms, including those designed to
require the utilization of water conserving practices. Compliance with all WUP conditions and terms shall
constitute compliance in lieu of other measures specified in subsections 40D-22.201(2) - (5), F.A.C.
(b) Except as excluded by paragraph 40D-22.201(5)(a), F.A.C., all individual Users for Golf
Course Irrigation shall use:
1. Best Management Practices For Florida Golf Courses, University of Florida, Institute of
Food and Agricultural Sciences, Cooperative Extension Service, Department of Environmental
Horticulture, 1993, as amended; or
2. The following measures:
a. Irrigation shall be limited to the times specified in subsection 40D-22.201(3), F.A.C.

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November 5, 2009 Year Round Water Conservation Measures Chapter 22

b. Fairways, roughs and Driving Ranges, shall be watered no more than two times per
week.
c. Tees and greens shall be watered no more than three times per week.
d. The Irrigation of tees and greens shall not be restricted when such Irrigation is for
plant protection, including Frost/Freeze or Heat Stress, except as limited by subsection 40D-22.201(2),
F.A.C.
e. Spot Treatment and Syringing are not restricted.
f. Irrigation related to overseeding that is a component of a fall transition program shall
not be restricted to a certain number of applications each week.
(6) Other Athletic Play Area Irrigation – The following additional requirements or exceptions to
subsections 40D-22.201(1)-(3), F.A.C., shall apply to the play areas of Athletic Play Areas:
Operation of an Irrigation system for plant protection of Athletic Play Areas turfgrass fields, including
Frost/Freeze or Heat Stress prevention, shall not be restricted, except in accordance with subsection 40D-
22.201(2), F.A.C.
(a) The wetting of clay tennis courts, baseball/softball infields, livestock or rodeo areas and other
non-turf grass Athletic Play Areas immediately prior to play is allowable to ensure athlete/animal safety,
comply with sport standards and control dust.
(b) Baseball, softball, football, soccer, polo and other similar turfgrass playing field surfaces may
receive one extra Irrigation application immediately after heavy league play if necessary to encourage turf
repair needed to maintain safe play conditions.
(c) Spot Treatment and Syringing are not restricted.
(d) One-half of Athletic Play Areas may be irrigated on Mondays and/or Thursdays; the other
half may be irrigated on Tuesdays and/or Fridays for the purpose of meeting normal supplemental
Irrigation needs. A map or sketch shall be maintained on site that indicates which days each part of the
property will be watered, and the District or applicable local government may require that a copy of this
same map or sketch be provided for verification or enforcement purposes. If a specific property is unable to
comply with this schedule, the variance process may be used to register an alternative schedule acceptable
to the District.
(7) Agriculture - The following additional requirements or exceptions to subsection 40D-22.201(1),
F.A.C., shall apply to Agriculture as appropriate:
(a) Users whose uses require and are authorized by a WUP have been evaluated by the District
and required to maintain compliance with all WUP conditions and terms, including those designed to
require the utilization of water conserving practices. Compliance with all WUP conditions and terms shall
constitute compliance in lieu of other measures specified in subsections 40D-22.201(1)-(2) and (7), F.A.C.
(b) Except as excluded by paragraph 40D-22.201(7)(a), F.A.C., all individual Users for
Agricultural Irrigation shall follow these measures:
1. Use of Micro-irrigation and other Low-Volume Irrigation methods shall not be restricted.
2. Operation of an Irrigation system for plant protection, including Frost/Freeze or Heat
Stress prevention, shall not be restricted.
3. Irrigation for the purpose of watering-in fertilizers, insecticides, fungicides and
herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall
not be restricted.
4. All other Irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00
p.m.
5. The variance process may be used to register an alternative Irrigation program acceptable
to the District, such as the ability to irrigate in accordance with a published document detailing Best
Management Practices for the applicable crop or commodity.

Rulemaking Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.171, 373.219, 373.223,
373.62, F.S. History – New 3-24-92, Amended 9-15-03, 11-05-09.

40D-22.301 Variances.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.171, F.S. History – New 3-24-
92, Repealed 7-2-98.

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November 5, 2009 Year Round Water Conservation Measures Chapter 22

40D-22.303 Variances and Waivers.


(1) Users may request relief from the provisions of this Chapter 40D-22, F.A.C., by filing a petition
for variance or waiver pursuant to Section 120.542, F.S., and Chapter 28-104, F.A.C. Examples of
circumstances, which, subject to the above referenced statute and rule and the provisions below, may be
candidates for the issuance of a variance or waiver are:
(a) Properties with Irrigation systems that water both Odd and Even Numbered Addresses at the
same time.
(b) Two or more properties which share a common source of water.
(c) A local government providing water to Users or a Reclaimed Water provider providing
Reclaimed Water blend to Users that desires to sponsor an alternative year-round irrigation conservation
plan approved by the District.
(d) A public or private water system experiencing, or anticipating, pressure problems associated
with subsection 40D-22.201(4), F.A.C.
(2) A variance is invalid if it has expired or if the property owner or agent violates terms of the
variance.
(3) Users requiring relief from measures in a local government's alternative year-round Irrigation
conservation plan approved by the District must petition that local government for relief.
(4) Variances and plans issued in accordance with Board Orders 92-12, 92-21, 92-60, 93-105, SWF
01-83 and Executive Director Order 00-18 are hereby ratified and affirmed, and shall remain in full force
and effect except that they shall expire 10 years after the original issuance, or one (1) year from September
15, 2003, whichever is later, unless an earlier date is specified in the letter granting the original variance or
plan. These variances and plans are also subject to the following provisions:
(a) Any property with a valid District variance issued after March 2, 1992 but prior to April 26,
2000 may use both of the two watering days specified for each section of the property.
(b) Any property with a valid District variance issued after April 26, 2000 but prior to October
30, 2001, which contained provisions for a second water day for each section of property may also use the
second watering day.
(c) Any property with a valid District variance issued after April 26, 2000 that did not specify a
second watering day for each section of the property is modified as follows: each section of the property
may also be irrigated on the day of the week that occurs three days following the originally specified day.
(For example, if an alternative Irrigation plan stipulates that a certain section of property can be watered on
Fridays, it may now also be watered on Mondays).

Specific Authority 120.542, 373.044, 373.113, 373.171, F.S. Law Implemented 120.542, 373.119,
373.171, 373.175(4), 373.246(7), 373.609, F.S. History – New 9-15-03.

40D-22.401 Enforcement.
(1) This chapter shall be effective year round. Provided, however, that in the event of conflict, the
measures, provisions and restrictions imposed when a water shortage has been declared pursuant to Chapter
40D-21, F.A.C., or related Board or Executive Director order that is more restrictive than a water
conservation measure contained within this chapter, shall supersede the water conservation measures
contained in this Chapter 40D-22, F.A.C., for the duration of the applicable water shortage declaration.
(2) As required by Section 373.609, F.S., but only upon specific request by the District, each county
and city commission, state and county attorney, sheriff, police officer or other appropriate local government
official shall assist the District in enforcing this chapter. Local governments may voluntarily elect to
provide additional local enforcement assistance, such as a violation reporting telephone number for citizens'
use or a system of proactive enforcement patrols. The District shall continue to only request assistance
with address-specific or location-specific violation complaints that do not involve a Water Use Permit
holder and constitute either an emergency or a repeat violation situation.
(3) Irrigation of Lawns and Landscapes, as described in this chapter, may be further restricted by local
governments in response to a local water supply system concern. In the event any county or city within the
District adopts or implements such local measures, the measures contained therein shall be at least as
restrictive as those imposed by this chapter and the county or city shall promptly notify the District and
provi