Processing of Water Use Permit Applications, Permits Required, Content of Application, Conditions for Issuance of Permits, Duration of Permits, Modification of Permits, Revocation of Permits, Transfer of Permits, Limiting Conditions, Temporary Water ...

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NO: RULE TITLE
40B-2.025: Processing of Water Use Permit Applications
40B-2.041: Permits Required
40B-2.101: Content of Application
40B-2.301: Conditions for Issuance of Permits
40B-2.321: Duration of Permits
40B-2.331: Modification of Permits
40B-2.341: Revocation of Permits
40B-2.351: Transfer of Permits
40B-2.381: Limiting Conditions
40B-2.441: Temporary Water Use Permits

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 33, August 21, 2009 issue of the Florida Administrative Weekly.

Notice is hereby given that these rules and provisions of the proposed Water Use Permitting Guide (“Guide”), which is proposed to be incorporated by reference in Rule 40B-2.301(3), F.A.C., published in the Florida Administrative Weekly, Volume 35, Number 33, on August 21, 2009, have been changed to reflect comments received from interested persons. These changes were approved by the Governing Board of SRWMD on October 13 and November 12, 2009. The changes to provisions of the Guide are summarized as follows: Paragraph 1.8.1 requires applicants to provide reasonable assurance of the ability to operate and maintain the withdrawal and/or diversion facilities; provides that demonstration of intent to exercise eminent domain authority is sufficient to meet this requirement; and specifies that this provision does not apply to projects permitted under the Power Plant Siting Act. In sub-paragraph 3.6.1.A, a reference to the subsection of the rule in which the application form is incorporated has been included. The language was changed from permissive to mandatory in sub-paragraph 3.6.1.P concerning permit modifications when a change in water use is proposed that may alter the permit allocations. In subsection 5.4, language regarding letter modifications has been revised for consistency with changes to Rule 40B-2.331, F.A.C. In addition to these changes to the Guide, the application forms incorporated by reference in Rule 40B-2.041, F.A.C., have been changed for consistency with the changes to paragraph 1.8.1 of the Guide. When changed, the specified rules shall read as noted below:

40B-2.025 Processing of Water Use Permit Applications.

(1) Water use permit applications will be processed pursuant to Section 120.60, F.S. and Chapter 28-107, F.A.C., Part II of Chapter 373, F.S. and this chapter, and Part VII of Chapter 40B-1, F.A.C. Water use permit applications are available at District headquarters and on the District’s website at www.mysuwanneeriver.com.

(2) Proposed uses of water associated with an electrical power plant as defined in subsection 403.503(14), FS, that are within the scope of the Florida Power Plant Siting Act, are processed in accordance with such Act and Part I, Chapter 62-17, F.A.C.

 

40B-2.041 Permits Required.

(1) No change.

(2) The District issues three types of water use permits: minor water use permit by rule, general water use permit, and individual water use permit.

Minor Water Use Permit by Rule

(a) To obtain a minor water use permit by rule, water users must qualify and comply with the conditions specified in subsection (3) below. Permittees who wish to modify a general or individual water use permit to a minor water use permit by rule as provided in subsection (3) below, or who wish to abandon a water use permit, must complete and submit Form 40B-2.041A: Water Use Permit Status Form, effective DATE, which is hereby incorporated by reference. This form is available at District headquarters and on the District’s website at www.mysuwaneeriver.com.

(b) To obtain a permit for water uses that require a general or individual permit, the applicant must complete and submit one of the following forms, as appropriate, which are hereby incorporated by reference:

1. Form 40B-2.041B Application for Water Use Permit Agricultural Use, effective DATE;

2. Form 40B-2.041C Application for Water Use Permit Augmentation/Other Use, effective DATE;

3. Form 40B-2.041D Application for Water Use Permit Commercial Use, effective DATE; and

4. Form 40B-2.041E Application for Water Use Permit Potable Water Supply Use, effective DATE.

These application forms are available at District headquarters and on the District’s website at www.mysuwanneeriver.com.

(3) Minor Water Use Permit by Rule.

(a) Except as provided in subsections (4) and (5) paragraphs (b), (c) and (d) below, a minor water use permit by rule is hereby granted for the following withdrawal classes of water uses as referenced in paragraphs 40B-2.501(3)(a) through (e), F.A.C.: agriculture, commercial, potable water supply, augmentation and other uses, provided they meet the criteria specified below:

1. through 6. No change.

(b) Except as provided in subsections (4) and (5) paragraphs (d) and (e) below, a minor permit by rule is hereby granted for landscape irrigation uses, provided they meet the criteria specified below:

1. through 2. No change.

Any landscape irrigation uses that deviate from these criteria shall be required to obtain a permit in accordance with subsections (4) and (5) paragraphs (d) and (e) below.

(c) No change.

(4) General Water Use Permit

Except as provided in subsection (3) above or (5) below paragraph (a) and (b) above or (d) below, a general water use permit is required under the general permit procedures in paragraph 40B-1.703(1)(c), F.A.C., for all withdrawals or diversions which are less than ten million gallons per day maximum daily rate of withdrawal and less than two one million gallons per day average daily rate of withdrawal. Either the Executive Director, the Assistant Executive Director, or the Deputy Executive Director shall approve general permit applications under this paragraph without a hearing, except that any application recommended for denial shall be presented to the Governing Board for final agency action.

(5) Individual Water Use Permit.

An individual water use permit is required under the individual permit procedures in subsection 40B-1.703(2), F.A.C., for all withdrawals or diversions which exceed the limits established in subsection (4) above paragraph 40B-2.041(2)(d), F.A.C., and for all bottled water uses regardless of the quantity of the withdrawal or diversion.

(6)(3) In the event the proposed water use is associated with a project that requires a water well permit under Chapter 373, Part III, F.S., and District rules, the water well application will be deemed part of the water use application and processed as one application under the WUP procedures.

 

40B-2.101 Content of Application.

Applications for permits required by this chapter shall be filed with the District and shall contain the following:

(1) No change.

(2) The appropriate application form hereby incorporated by reference in Rule 40B-2.041, F.A.C., which is available at District headquarters and on the District’s website at www.mysuwanneeriver.com., as follows:

(a) 40B-2.101A Application for Water Use Permit Agricultural Use (DATE);

(b) 40B-2.101B Application for Water Use Permit Augmentation/Other Use (DATE);

(c) 40B-2.101C Application for Water Use Permit Commercial Use (DATE); and

(d) 40B-2.101D Application for Water Use Permit Potable Water Supply Use (DATE).

(3) Best available technical and other supporting information sufficient to demonstrate that the use meets the conditions for issuance as specified in subsection 373.223(1), F.S., and Rule 40B-2.301, F.A.C. Any supporting information or calculations required to be prepared by a professional regulated under Florida law shall bear the certification of such professional.

(4) Any supporting information or calculations required to be prepared by a profession regulated under Florida law shall bear the certification of such professional.

(4)(5) The relevant information required by section 2.0, Water Use Permitting Guide.

 

40B-2.301 Conditions for Issuance of Permits.

(1) through (2) No change.

(3) The standards and criteria set forth in the Water Use Permitting Guide, effective_______, hereby incorporated published by reference and incorporated into this chapter, if met, will must be used to provide the reasonable assurances required in this section. This A current version of this document is available at District headquarters and on the District’s website at www.mysuwanneeriver.com and at its headquarters.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.236, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS. History–New 10-1-82, Amended 5-1-83, _________.

 

40B-2.321 Duration of Permits.

(1) No change.

(a) The District shall may issue permits with up to a 50-year duration to a municipality or other governmental body, or to a public works or public service corporation, when required to provide for the retirement of bonds for the construction of waterworks or waste disposal facilities.

(b) The District shall issue permits with at least a 20-year duration when the permit is approved for the development of alternative water supplies. The District shall extend the duration of such permits up to 50 years when the following conditions are met:

1. The permittee has issued bonds for construction of the alternative water supply project;

2. The permittee submits a written request to extend the duration of the permit to the District prior to the permit expiration date; and

3. The Governing Board determines that the water use will continue to meet the conditions for issuance in Rule 40B-2.301, F.A.C., for such additional time as is required for the retirement of the issued bonds.

(c) When a private, rural landowner contributes greater than fifty percent (50%) of the land or funding needed to makes an extraordinary contribution of land or construction funding to enable the expeditious implementation of an alternative water supply development project, the District shall may issue permits with up to a 50-year duration to a municipality, county, special district, regional water supply authority, multi-jurisdictional water supply entity, and public or private utilities. However, this provision does not apply to public or private utilities created for or by a private landowner after April 1, 2008. An applicant that requests a longer duration permit under this paragraph must have an agreement with the landowner to efficiently pursue an alternative public water supply development project identified in the District’s regional water supply plan and meeting the water demands of both the applicant and the landowner. In addition, reasonable assurances must be provided that the District’s conditions for issuance will be met for the duration of the permit. All such permits will require submittal of a compliance report every five years to maintain reasonable assurance that the conditions for permit issuance applicable at the time of review of the compliance report are met, following which the Governing Board may modify the permit as necessary to ensure that the use meets the conditions for issuance.

(d) through (4) No change.

 

40B-2.331 Modification of Permits.

(1) A permittee may seek modification of any terms of an unexpired permit as follows and consistent with Rule 40B-1.709, F.A.C:. Either the Executive Director, the Assistant Executive Director, or the Deputy Executive Director shall approve proposed modifications without a hearing, in the following circumstances, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action:

(1) A permittee may apply for modification by letter to the District: (a) iIf the proposed modification involves an increase of water use of less than 100,000 gallons per day provided that the type of permit required does not change, and such modification does not change the water use class; and or

(a) A change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need; or

(b) The If the proposed modification would result in a more efficient use of water than is possible under the existing permit.; or

(c) if the proposed modification is for replacement of the source with an alternative water supply source, and

(d) If the expiration date of the permit is not changed and the location of the withdrawal is not changed pursuant to Section 373.239, Florida Statutes.

Either the Executive Director, the Assistant Executive Director, or the Deputy Executive Director shall approve qualifying proposed letter modifications under this subsection without a hearing, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action.

(2) All other permit modification applications other than under subsection (1) above shall comply with the requirements of Section 373.229, F.S., and shall contain all of the information required by the permit conditions and by Rule 40B-2.101, F.A.C. This shall include all permits that have been previously considered by the Governing Board for issuance.

(3) through (4) No change.

(5) The Governing Board shall may issue an order to modify an existing use when conditions warrant such action in order to obtain the most beneficial use of the water resources of the state and to protect the public health, safety, and welfare and the interests of the water users affected. Such order must include a finding by the Governing Board that the use proposed to be modified is detrimental to other water users or to the water resources of the state.

 

40B-2.341 Revocation of Permits.

(1) The Governing Board shall initiate proceedings to may revoke a permit in whole or in part, permanently or for a lesser period, as provided in subsections 373.243(1), (2) and (3), F.S., for any material false statement, a willful violation of a permit condition, or a violation of any provision of this Chapter 373, F.S., when such action is willful, flagrant, repeated, continuing, or when an emergency exists, or significant off-site impacts or environmental harm is occurring or threatens to occur.

(2) No change.

(3) The Governing Board shall revoke a permit permanently and in whole upon receiving written consent from the permittee to revoke the permit permanently and in whole. The permittee may formally request, in writing, the Governing Board to revoke the permit permanently and in whole.

(4) The Governing Board shall may revoke a permit when it finds that the water use has ceased to be reasonable or beneficial as the use is detrimental to other water users or to the water resources of the state.

 

40B-2.351 Transfer of Permits.

Water Use Permit Transfer Form: Form Number 40B-2.351A, effective DATE,: Water Use Permit Transfer Form is hereby incorporated by reference. This form is available at District headquarters and on the District’s website at www.mysuwanneeriver.com.

(1) Persons who wish to continue a permitted water use and who have acquired the ability to operate and maintain the withdrawal and/or diversion facilities ownership of the land on which facilities are located, shall apply to the District within 90 days of acquiring ownership of such ability land, to transfer the permit. Such persons must provide reasonable assurances of the ability to operate and maintain the withdrawal and/or diversion facilities for the duration of the permit in accordance with the permit terms and conditions. Permit transfer requests shall be The applicant shall request such transfer by letter or submittal of the above-referenced form and shall reference the permit number in the letter. The District shall transfer the permit provided the previously permitted use remains the same.

(2) Notwithstanding the provisions of subsection (1) above, the District will notify the current owner in writing of the need to transfer the permit in order to continue the water use upon discovery of a change in property ownership. The owner must request permit transfer within 90 days of receipt of notification from the District. The permit will be transferred in accordance with this section.

(2)(3) Persons who apply to transfer a permit under subsection (1) above and propose to change the source, use, or withdrawal quantity or source quality from those specified in the permit, must follow the procedures for modification in 40B-2.331, F.A.C.

(3)(4) All water use under a transferred permit must comply with the terms and conditions of that permit.

(4)(5) A permit not transferred as prescribed herein shall be void without any further action by the District.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.239 FS. History–New 10-1-82, Amended ________.

40B-2.381 Limiting Conditions.

(1) The Governing Board shall may impose such reasonable conditions upon any water use permit as are necessary to assure that the proposed use of water is consistent with the overall objectives, policy, and purpose of the District as set forth in Chapter 373, F.S., and will not be harmful to the water resources of the District.

(2) through (3) No change.

 

40B-2.441 Temporary Water Use Permits.

(1) In order for a temporary permit to be necessary prior to final action on the application, there must exist a serious set of unforeseen or unforeseeable circumstances. Temporary permits expire on the day following the next regular meeting of the Governing Board.

(1)(2) The Governing Board hereby delegates to the Executive Director the authority to issue temporary permits in accordance with Section 373.244(1), Florida Statutes, provided that an application for a water use permit is pending pursuant to Sections 373.219 and 373.229, F.S. Such temporary permits expire on the day following the next regular meeting of the Governing Board.:

(a) an application for a water use permit is pending;

(2) At the next regular meeting of the Governing Board, the Governing Board shall consider:

(a)(b) Whether the proposed use is a appears reasonable-beneficial use, will not interfere with any presently existing legal use, and is consistent with the public interest based on information submitted by the applicant at the time of the request for the temporary water use permit; and

(b)(c) Whether a temporary permit is necessary prior to final action on the application. In order for a temporary permit to be necessary prior to final action on the application, there must exist a serious set of unforeseen or unforeseeable circumstances. Such temporary permits expire on the day following the next regular meeting of the Governing Board.

(3) The Governing Board shall review temporary permits at each regular meeting and either summarily extend the term of a temporary permit for a subsequent period of time to expire on the day following the next regular meeting of the Governing Board, or terminate or refuse to extend a temporary permit. In deciding whether to refuse to extend a temporary permit, the Governing Board shall consider. In accordance with 373.244, F.S., the Governing Board shall consider the following in determining whether to either extend, modify or terminate a temporary permit:

(a) Whether the proposed use is a reasonable-beneficial use, will not interfere with any presently existing use, and is consistent with the public interest; or the water use appears reasonable-beneficial; or

(b) Whether adverse effects are occurring as a result of the water use; or

(c) Whether the water use is no longer required an emergency.

 

A copy of the Water Use Permitting Guide may be obtained from Linda Welch, Rules Coordinator, SRWMD, 9225 CR 49, Live Oak, Florida 32060, [phone].