Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-40 - WATER RESOURCE IMPLEMENTATION RULE › Section 62-40.110 - Declaration and Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) The waters of
				the state are among its basic resources. Such waters should be managed to
				conserve and protect natural resources and scenic beauty and to realize the
				full beneficial use of the resource. Recognizing the importance of water to the
				state, the Legislature passed the Water Resources Act, Chapter 373, F.S., and
				the Air and Water Pollution Control Act, Chapter 403, F.S. Additionally,
				numerous goals and policies within the State Comprehensive Plan, Chapter 187,
				F.S., address water resources and natural systems protection.
(2) This chapter is intended to provide water
				resource implementation goals, objectives, and guidance for the development and
				review of programs, rules, and plans relating to water resources, based on
				statutory policies and directives in Chapters 187, 373, and 403, F.S.
(3) These policies shall be construed as a
				whole and no individual policy shall be construed or applied in isolation from
				other policies. All constructions of this chapter shall give meaning to all
				parts of the rule when possible.
(4) This chapter, in and of itself, shall not
				constitute standards or criteria for decisions on individual permits. This
				chapter also does not constitute legislative authority to the Districts for the
				adoption of rules if such rules are not otherwise authorized by
				statute.
(5) A goal of this chapter
				is to coordinate the management of water and related land resources. Local
				governments shall consider the water resource implementation rule in the
				development of their comprehensive plans as required by Chapter 163, F.S., and
				as required by Section
				 403.0891(3)(a),
				F.S. Special districts which manage water shall consider the water resource
				implementation rule in the development of their plans and programs. The
				Legislature has also expressed its intent, in Section
				 373.0395, F.S., that future
				growth and development planning reflect the limitations of available ground
				water and other water supplies.
(6)
				It is an objective of the State to protect the functions of entire ecological
				systems, as developed and defined in the programs, rules, and plans of the
				Department and water management districts.
(7) It is a goal of this chapter that
				sufficient water be available for all existing and future reasonable-beneficial
				uses and the natural systems, and that the adverse effects of competition for
				water supplies be avoided.
(8) The
				Department and the Districts shall take into account cumulative impacts on
				water resources and manage those resources in a manner to ensure their
				sustainability.
(9) Government
				services should be provided efficiently. Inefficiency resulting from
				duplication of permitting shall be eliminated where appropriate, including
				water supply, water quality and water quantity permitting functions.
(10) Public education, awareness, and
				participation shall be encouraged. The Department and Districts should assist
				educational institutions in the development of educational curricula and
				research programs which meet Florida's present and future water management
				needs.
(11) This chapter does not
				repeal, amend or otherwise alter any rule now existing or later adopted by the
				Department or Districts. However, procedures are included in this chapter which
				provide for the review of Department and District plans, programs, and rules to
				assure consistency with the provisions of this chapter. The procedure for
				modification of District rules as requested by the Department shall be as
				prescribed in Section
				 373.114, F.S., and applicable
				provisions of this chapter.
(12) It
				is the intent of the Department, in cooperation with the Water Management
				Districts, to seek adequate sources of funding to supplement District ad
				valorem taxes to implement the provisions of this chapter.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida.
New 5-5-81, Formerly 17-40.01, Amended 12-5-88, Formerly 17-40.001, Amended 8-14-90, 12-17-91, Formerly 17-40.110, Amended 7-20-95, 5-7-05.