The purpose of this rulemaking is to make a minor correction to wording and amend portions of the Water Use Permitting Applicant’s Handbook related to contiguous/ non-contiguous parcels, impact analysis, water use monitoring and reporting, and Water ...

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40B-2.301Conditions for Issuance of Permits

PURPOSE AND EFFECT: The purpose of this rulemaking is to make a minor correction to wording and amend portions of the Water Use Permitting Applicant’s Handbook related to contiguous/ non-contiguous parcels, impact analysis, water use monitoring and reporting, and Water Resource Caution Areas. The effect will be more understandable rule terminology, clarification of MFL and spring impact evaluation criteria, reduced water use monitoring and reporting burdens on the public and businesses, and revision to the extent of areas with existing water resource problems or areas in which water resource problems are projected to develop in the next 20 years.

SUMMARY: Water Use Permitting and Water Resource Caution Areas.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: SRWMD at [phone] or [phone] (FL only).. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or [phone] (FL only).

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-2.301 Conditions for Issuance of Permits.

(1) No change.

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

(a) through (f) No change.

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

1. through 2. No change.

3. Will not cause harmful saline water intrusion or harmful upconing upcoming;

4. through 5. No change.

(h) through (i) No change.

(3) The standards and criteria set forth in the Water Use Permit Applicant’s Handbook, http://www.flrules.org/Gateway/reference.asp?No=Ref-10119http://www.flrules.org/Gateway/reference.asp?No=Ref-03715, effective [DATE]March 24, 2014, hereby incorporated by reference into this chapter, if met, will provide the reasonable assurances required in Rule 40B-2.301, F.A.C. This document is available at District headquarters or on the District’s website: www.mysuwanneeriver.com.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-13, 8-22-13, 3-24-14,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Suwannee River Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 5, 2018