40C-2.301. Conditions for Issuance of Permits

(1) To obtain a consumptive use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:

(a) Is a reasonable-beneficial use;

(b) Will not interfere with any presently existing legal use of water; and,

(c) Is consistent with the public interest.

(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

(a) Is a quantity that is necessary for economic and efficient use.

(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;

(c) Will utilize a water source that is suitable for the consumptive use;

(d) Will utilize a water source that is capable of producing the requested amount;

(e) Except when the use is for human food preparation or direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible;

(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;

(g) Will not cause harm to the water resources of the area in any of the following ways:

1. Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion,

2. Will not cause harmful water quality impacts from dewatering discharge to receiving waters,

3. Will not cause harmful saline water intrusion or harmful upconing,

4. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and,

5. Will not otherwise cause harmful hydrologic alterations to the water resources of the area.

(h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and,

(i) Will not use water reserved pursuant to Subsection 373.223(4), F.S.

(3)(a) The Governing Board may reserve water from use or withdrawal under the authority of a consumptive use permit, in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. The Governing Board hereby determines and finds that protection of the water resource from significant harm is required for protection of the public health and safety.

(b) Such reservation of water shall be implemented by rule, pursuant to Section 373.223(4), F.S., and shall be subject to periodic review and revisions by the Governing Board in the light of changed conditions.

(4) Except as otherwise provided by law, the applicant shall have the burden of proof to establish and present sufficient data to support a finding by the District that the proposed use meets the conditions specified in subsections (1) and (2), above. The standards, criteria, and conditions in the Applicant’s Handbook: Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., shall be used in determining whether the requirements of subsections (1) and (2), above, are met. However, when an application was complete before July 1, 2018, then the applicant may elect review in accordance with the standards, criteria, and conditions that were in effect immediately prior to July 1, 2018.

Rulemaking Authority 373.044, 373.113, 373.171, 373.229 FS. Law Implemented 373.042, 373.0421, 373.219, 373.223, 373.224, 373.226, 373.250 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.301, 40C-2.0301, Amended 7-23-91, 9-16-92, 1-20-93, 6-7-93, 1-7-99, 2-13-08, 8-14-14, 7-1-18.