40C-2.031. Implementation

(1) An individual consumptive use permitting program has been implemented on the following dates within the District:

(a) December 31, 1976 at 11:59 p.m. in that area transferred to the District from the Central and Southern Florida Flood Control District pursuant to Section 373.069 (Supp. 1976), F.S., known as the Upper St. Johns River Basin (see figure 1.4.1-1 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.).

(b) December 1, 1980 in that area transferred to the District from the Southwest Florida Water Management District pursuant to Section 373.069 (Supp. 1976), F.S., known as the Green Swamp Sub-basin, (see figure 1.4.1-1 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.).

(c) January 1, 1983 in the remaining area of the District not listed in paragraphs (a) and (b), above, as described in Section 373.069(2)(c), F.S. (see figure 1.4.1-1 of the Applicant’s Handbook, Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.), and for those uses not regulated prior to January 1, 1983.

(d) A general consumptive use permit by rule permitting program has been implemented within the entire District on 7-23-91.

(2) The effective dates specified in subsection (1), above, are to be used to determine the beginning of the two-year period provided in Section 373.226, F.S., in which existing water users are to file initial applications. Failure to apply within the period of two years from the effective date of implementation shall create a conclusive presumption of abandonment of the use and if the user desires to revive the use, he must apply for a permit under the provisions of Rule 40C-2.301, F.A.C.

(3) The program previously implemented in the areas described in paragraphs (1)(a) and (b), above, is superseded throughout the District by the rules that become effective on January 1, 1983.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History–New 1-1-83, Formerly 40C-2.031, 40C-2.0031, Amended 7-23-91, 12-6-93, 2-15-95, 1-7-99, 2-15-06, 8-14-14, 7-1-18.