RULES OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CHAPTER 40D-1, F.A.C.
PROCEDURAL
ADOPTED BY REFERENCE IN CHAPTER 62-330 FOR USE BY DEP
FINAL EFFECTIVE 9-4-05
[Note: the text below represents changes to the rule as shown in the OPM as of 10-3-95, and as amended by the
SWFWMD through 6-30-05. Every attempt has been made to reflect the rule published in the Florida
Administrative Code as of that date, together with amendments to the rule made through the certification package
for Chapter 62-330, F.A.C., effective on 9-4-05. However, if any errors exist in this version, the actual adopted text
of Rule 40D-1 in the Florida Administrative Code, together with changes made to the rule through Chapter 62-330,
F.A.C., as adopted on 9-4-05, will control]
40D-1.102
40D-1.107
40D-1.602
40D-1.604
40D-1.6105
40D-1.1021
Definitions.
Basins.
Permits Required.
Bonds.
Limiting Conditions.
Emergency Authorization of Permits for Activities Regulated Under Part IV of
Chapter 373, F.S.
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 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it is withdrawn or diverted.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(4), 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 Southwest Florida Water
Management District.
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 1
(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(11), 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(6), 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(135), 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, FS. Law Implemented 373.019,
373.046, 373.073, 373.079, 373.103, 373.403, FS. History - Readopted 10-5-74, Amended 1231-74, Formerly 16J-0.02, 4OD-0. 021.
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 2
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 lines 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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 3
Thence continue south the 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;
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 4
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;
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 5
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;
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 6
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 intersection of section line between Sections 33 and 34, Township 30 South,
Range 18 East, with Tampa Bay;
Thence north to northwest corner of Section 27, Township 28 South, Range 18 East;
Thence east to southeast corner of Section 22, Township 28 South, Range 18 East;
Thence north to northwest corner of Section 23, Township 28 South, Range 18 East;
Thence east to southeast corner of SW 1/4 of Section 14, Township 28 South, Range 18
East;
Thence north to northwest corner of NE 1/4 of Section 2, Township 28 South, Range 18
East;
Thence east to southeast corner of SW 1/4 of Section 36, Township 27 South, Range 18
East;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 7
Thence north to northeast corner of NW 1/4 of Section 25, Township 27 South, Range 18
East;
Thence west to southeast corner of SW 1/4 of SW 1/4 of Section 24, Township 27 South,
Range 18 East;
Thence north to northeast corner of NW 1/4 of Section 13, Township 27 South, Range 18
East;
Thence east to southeast corner of SW 1/4 of Section 12, Township 27 South, Range 18
East;
Thence north to Hillsborough-Pasco County line;
Thence east along Hillsborough-Pasco County line to intersection with Pasco-Polk
County line;
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;
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 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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 8
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 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, Range 23 East;
Thence west along the township line between Townships 28 and 29 South to the
southwest corner of Section 35, Township 28, 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 Range 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;
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 PascoHernando 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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 9
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 PascoHillsborough County line to Point of Beginning.
(5)
The area of the Northwest Hillsborough Basin is located entirely within
Hillsborough County and 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 north along Hillsborough-Pinellas County line to northwest corner of Section 6,
Township 27 South, Range 17 East;
Thence east along Hillsborough-Pasco County line to northeast corner of NW 1/4 of
Section 1, Township 27 South, Range 18 East;
Thence south to southeast corner of SW 1/4 of Section 12, Township 27 South, Range 18
East;
Thence west to northwest corner of NE 1/4 of NW 1/4 of Section 13, Township 27 South,
Range 18 East;
Thence south to northeast corner of NW 1/4 of NW 1/4 of Section 25, Township 27
South, Range 18 East;
Thence east to northwest corner of NE 1/4 of Section 25, Township 27 South, Range 18
East;
Thence south to southeast corner of SW 1/4 of Section 36, Township 27 South, Range 18
East;
Thence west to northeast corner of NW 1/4 of Section 2, Township 28 South, Range 18
East;
Thence south to southeast corner of SW 1/4 of Section 14, Township 28 South, Range 18
East;
Thence west to northeast corner of Section 22, Township 28 South, Range 18 East;
Thence south to southeast corner of Section 22, Township 28 South, Range 18 East;
Thence west to northwest corner of Section 27, Township 28 South, Range 18 East;
Thence south to intersection of section line between Sections 33 and 34, Township 30
South, Range 18 East with Tampa Bay;
Thence westerly in Tampa Bay to Hillsborough-Pinellas County line;
Thence northerly and westerly in Tampa Bay along Hillsborough-Pinellas County line to
Point of Beginning.
(6)
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 10
Thence easterly along Hillsborough-Manatee County line to intersection with ManateeHardee county line;
Thence south along the Manatee-Hardee County lines 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 the coast of Gulf of Mexico to Point of Beginning.
(7)
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.
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 11
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 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.
(8)(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 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 the 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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 12
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;
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 the shore of Gulf of Mexico to Point of Beginning.
(9)
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 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:
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 13
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;
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 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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 14
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;
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 15
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.
(10) 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;
Thence north along the sections to the northwest corner of Section 24, Township 27
South, Range 23 East;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 16
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 17
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;
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 1/4 of Section 28,
Township 28 South, Range 28 East;
Thence west along the north boundary of the SE 1/4 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 1/2 of the SW 1/4 of said Section 28;
Thence west along said north boundary to the northwest corner of the S 1/2 of the SW 1/4
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 1/4 of Section 5,
Township 30 South, Range 29 East;
Thence south to the southeast corner of the SW 1/4 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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 18
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 said 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 DeSotoHardee 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;
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;
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 19
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 HardeeHighlands County line, the Point of Beginning;
Thence east along the north boundary of Township 36 South 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.
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 20
Specific Authority 373.044, 373.113, 373.149, 373.171, FS. Law Implemented 373.0693, FS.,
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, 4OD-0.061, Amended 3-11-04, 6-16-04.
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) – (2) [These were not adopted by DEP]
(3)
A Surface Water, Individual, or Noticed General permit under Chapters 40D-4,
4OD-40, or 62-341, 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.
(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, 40D40, 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
FS. 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) FS. History - New 10-1-84, Amended
12-22-94, 10-16-96, 2-14-00, 9-26-02, 6-5-05.
40D-1.604 Bonds.
(1)
The Board 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, including
the proper construction, operation, and maintenance of works of the District existing or planned.
The amount of the bond shall be in such amount as the Board shall determine to be adequate.
(2)
In the alternative to subsection (1), the Board may require liability insurance in
such amount as the Board shall determine endorsed in favor of the District or a hold harmless
agreement satisfactory to the Board.
(3)
The Board may require that such bond or liability insurance be maintained as a
condition of the continued validity of the permit.
Specific Authority 373.044, 373.113, 373.149, 373.171, FS. Law Implemented 373.085, 373.219,
373.413, 373.416, FS. History - Readopted 10-5-74, Formerly 16J-0.13, Formerly 4OD-1.391,
Formerly 40D-1.1900, Amended, 6-5-05.
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 21
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 Board of such assignment,
provided ownership, lease, or other control of 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 an appropriate Notification and Request for Transfer form, 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.
Notification and Request for Transfer of Environmental Resource Permit Form No. 62343.900(8), effective 8-14-96, is incorporated herein by this reference. Copies of this form may
be obtained from the Department.
(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 Board or the permit is transferred pursuant to District rules.
Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.219, 373.413,
373.416 FS. History–Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly 40D0.381, Amended 12-16-97, 8-25-02.
40D-1.1021 Emergency Authorization of Permits for Activities Regulated Under
Part IV of Chapter 373, F.S.
(1)
Permission to begin construction which required a permit under Chapters 40D-4,
40D-40 and 62-341, 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.
Specific Authority 120.54(5), 373.044, 373.113, 373.149, 373.171, FS. Law Implemented
120.54(5), 120.569(2)(n), 373.119, 373.413, 373.416, 373.426, 373.439, FS. 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.
SWFWMD Rule 40D-1, F.A.C.
RULES ADOPTED BY REFERENCE FOR DEP
Effective September 4, 2005
Page 22