40C-2.041. Permits Required

(1) The District issues consumptive use permits in two forms, individual permits and general permits by rule. Unless the consumptive use is expressly exempted in rule 40C-2.051, F.A.C., or qualifies for a general permit by rule in rule 40C-2.042, F.A.C., the Governing Board hereby requires an individual consumptive use permit for any of the following:

(a) Average annual daily withdrawal equal to or exceeding one hundred thousand (100,000) gallons average per day on an annual basis.

(b) Withdrawal equipment or other facilities which have a capacity equal to or exceeding one million (1,000,000) gallons per day.

(c) Withdrawals from a combination of wells or other facilities, having a combined capacity equal to or exceeding one million (1,000,000) gallons per day.

(d) Withdrawals from a well in which the outside diameter of the largest permanent water bearing casing is six inches or greater at ground surface. This paragraph shall not apply to those wells for which the well owner or well contractor can demonstrate that the well was constructed with a smaller diameter water bearing casing below ground surface prior to August 14, 2014, and that smaller diameter casing is still in place.

(e) Withdrawals from surface water facilities which have an intake diameter or cumulative intake diameter of six (6) inches or greater. For purposes of this paragraph, the intake diameter of the surface water facility is the diameter at the end of the pump intake.

(2) Those thresholds in paragraphs 40C-2.041(1)(a) through (c) and (e), and rule 40C-2.042, F.A.C., refer to the total capacity of the water withdrawal equipment, wells, or other facilities located on contiguous or physically proximate properties that either share the same irrigation infrastucture or are owned, operated or controlled as a common enterprise or system. A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same irrigation infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in rule 40C-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits. This requirement to aggregate two or more properties shall not apply when the separate properties have existing permits that require metering for all withdrawals or the water user requests a permit modification to the permits to require metering for all withdrawals.

(3) Those seeking an individual consumptive use permit must submit to the District a complete permit application Form Number 40C-2.900(1), which is incorporated by reference in subsection 40C-2.900(1), F.A.C. Individual permits which do not exceed any of the following requirements are considered minor individual permits and may alternatively utilize permit application Form Number 40C-2.900(2), which is incorporated by reference in subsection 40C-2.900(2), F.A.C.:

(a) Cumulative average annual daily consumptive use is less than 100,000 gallons per day on an average annual basis.

(b) Withdrawal equipment or other facilities which have a capacity of less than one million (1,000,000) gallons per day.

(c) Withdrawals from a combination of wells or other facilities, having a combined capacity of less than one million (1,000,000) gallons per day.

(d) Withdrawals from a well in which the outside diameter of the largest permanent water bearing casing is less than eight (8) inches at ground surface. When the well owner or well contractor can demonstrate that the well was constructed with a smaller diameter water bearing casing below ground surface prior to August 14, 2014, and that smaller diameter casing is still in place, the well diameter shall be considered to be its smaller diameter casing.

(e) Withdrawals from surface water facilities which have an intake diameter or cumulative intake diameter of less than eight (8) inches. For purposes of this paragraph, the intake diameter of the surface water facility is the diameter at the end of the pump intake.

(4) Uses which are existing on the effective date of implementation shall be governed in accordance with the provisions of section 373.226, F.S.

(5)(a) The Governing Board may designate specific geographic areas in which permits shall be required for amounts less than those specified in subsection (1), above.

(b) Such designation shall be adopted by rule pursuant to chapters 120 and 373, F.S.

(c) Prior to the adoption of such rule, the Governing Board shall hold at least one public meeting in the vicinity of the area for which such designation is proposed. The purpose of such public meeting shall be to hear testimony regarding the justification for such designation and regarding the anticipated impacts of such designation.

(6) Any person whose withdrawal otherwise meets the thresholds for a general permit by rule as specified in rule 40C-2.042, F.A.C., may submit an application to obtain an individual consumptive use permit at their sole discretion.

(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 or modification, the District shall notify the applicant that the application is deemed to be amended and the 30 and 90 day time requirements of section 120.60(1), F.S., shall restart.

(8) Only one application shall be filed for a permit required under chapter 40C-2, F.A.C., for a consumptive use at or involving the same property, including applications for an initial permit and 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 (8), above. Subsections (8) and (9), shall not apply to a request for a letter modification of a permit and shall not affect the timeliness of an application for renewal of a permit.

(9) Applicants who seek to renew a permit under chapter 40C-2, F.A.C., must submit a timely and sufficient application for renewal to avoid expiration of the permit. An application for renewal shall be considered timely only if it is received by the District no later than the expiration date of the existing permit. Mailing the application does not constitute receipt by the District. If the permit’s expiration date falls on a weekend or legal holiday, the application for renewal must be received by the District on the next business day after the weekend or holiday. 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 application 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.

Rulemaking Authority 373.113, 373.216 FS. Law Implemented 373.219, 373.226 FS. History–New 1-2-77, Amended 1-1-83, 6-1-84, Formerly 40C-2.04, Amended 5-31-84, Formerly 40C-2.041, 40C-2.0041, Amended 7-23-91, 12-6-93, 2-15-95, 4-25-96, 1-7-99, 11-11-03, 8-14-14, 11-3-15, 7-1-18, 8-29-18.