Published on: 18126504. During the rulemaking effort to reserve water for the Caloosahatchee River (C-43) West Basin Storage Reservoir Project (C-43 Reservoir), the District included language stating: “all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.” The inclusion of this language was challenged in DOAH Case No. 14-1329RP. The administrative law judge (A.L.J.) determined the language was invalid, stating that “[e]xisting legal uses are presumed not contrary to the public interest unless and until the District determines otherwise.” The A.L.J. went on to state that while the District “can make a ‘not contrary’ determination,” it cannot do so prospectively for the duration of a permit.
Language similar to that found invalid in C-43 Reservoir reservation case exists in the water reservations for Picayune Strand, Fakahatchee Estuary, North Fork of the St. Lucie River, and Nearshore Central Biscayne Bay, in subsections 40E-10.041(1) and (2), 40E-10.051, and 40E-10.061(2), F.A.C., respectively.
Published on: 18126407. During the rulemaking effort to reserve water for the Caloosahatchee River (C-43) West Basin Storage Reservoir Project (C-43 Reservoir), the District included language stating: “all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.” The inclusion of this language was challenged in DOAH Case No. 14-1329RP. The administrative law judge (A.L.J.) determined the language was invalid, stating that “[e]xisting legal uses are presumed not contrary to the public interest unless and until the District determines otherwise.” The A.L.J. went on to state that while the District “can make a ‘not contrary’ determination,” it cannot do so prospectively for the duration of a permit.
Language similar to that found invalid in C-43 Reservoir reservation case exists in the water reservations for Picayune Strand, Fakahatchee Estuary, North Fork of the St. Lucie River, and Nearshore Central Biscayne Bay, in subsections 40E-10.041(1) and (2), 40E-10.051, and 40E-10.061(2), F.A.C., respectively.
Published on: 17347206. Water Reservation Areas: Lower West Coast Planning Area, Water Reservation Areas: Upper East Coast Planning Area, Water Reservation Areas: Lower East Coast Planning Area
Published on: 14434878. The District is re-initiating rule development to amend its consumptive use permitting and water supply related program rules as part of the Florida Department of Environmental Protection's statewide effort to improve consistency among the water management districts (referred to as CUP Consistency or CUPCon). This re-initiation of rule development will cure discrepancies between the versions of rules that were published on December 10, 2013, and acted on by the Governing Board on February 13, 2014, as well as correct some inadvertent text inaccuracies. There are no substantive changes to the rule text as adopted by the Governing Board in February 2014.
Published on: 14514418. Conservancy of Southwest Florida vs. South Florida Water Management District; Case No.: 14-1329RP; Rule No.: 40E-10.041; Invalid
Published on: 14419358. Section 601(h)(4)(B) of the Water Resources Development Act of 2000 requires the State of Florida to reserve or allocate water for the natural systems associated with the implementation of Comprehensive Everglades Restoration Plan (CERP) Projects. For the Caloosahatchee River West Basin Storage Reservoir (C-43 Reservoir) CERP Project, the District has elected to use its water reservation authority described in subsection 373.223(4), F.S. The District is proposing to adopt definitions, describing the reservoir and reservation, and adopting implementing provisions.
; May 15, 2014, beginning 9:00 a.m.; South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406.