WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management DistrictRULE NO: RULE TITLE:
40D-2: CONSUMPTIVE USE OF WATER
40D-2.091: Publications Incorporated by Reference
40D-2.801: Water-Use Caution AreasNOTICE OF CHANGE
Notice is hereby given in accordance with subparagraph 120.54(3)(d)1., F.S., that the following changes have been made to the proposed rule 40D-2.801, F.A.C., and the Basis of Review published in Vol. 32, No. 19, May 12, 2006, issue of the Florida Administrative Weekly, page 2110.
Proposed amendments to 40D-2.801(3)(b)2. are now as follows:
40D-2.801 Water-Use Caution Areas.
4.2.Regulations applicable to this Water Use Caution Area are specified in this Chapter and in the Basis described in Rule 40D-2.091, F.A.C., and are incorporated into this rule. Amendments to those regulations adopted _____, shall become effective on __________. Those amendments and rRegulations relating to SWUCA effective January 1, 2003 and ______, are not intended to affect, and shall not be construed to affect, any water use permit that does not have a withdrawal point within the SWUCA.
The Basis of Review incorporated in 40D-2.091 is changed as described below:
BASIS OF REVIEW PROVISIONS
CHAPTER 1 OF THE BASIS OF REVIEW
Changes proposed to Section 1.12, new paragraph 2.b. are shown to the proposed language in an underline and strikethrough format below:
1.12MODIFICATION OF PERMITS
2.Letter Modification.
b.A letter modification shall be used to activate a Standby Quantities Alternative Water Supply Permit where there is a loss of Alternative Water Supplies as described in Section 3.1, Chapter 3 of this Basis of Review, in the paragraph titled "Loss of Alternative Supplies."
CHAPTER 2 OF THE BASIS OF REVIEW
Changes proposed to Section 2.1 paragraph 1. are as follows:
2.1APPLICANT CONTROL OF PROPERTY AND ACTIVITIES
1.Applicants must demonstrate ownership or legal control of all property on which pumps, wells, diversions or other water withdrawal facilities are or will be located. Except for Self-Relocations as described below, aApplications for leased property, except property leased from the District, must be either a joint application in the name of the lessee and the property owner(s) or be only in the name of the property owner(s). If there are multiple property owners, all owners must sign the permit application form or sign an attachment to the permit application form indicating their joinder in the permit application, and all property owners will be permittees on the water use permit, when issued. In the case of an application for Self-Relocation, a permit may be issued solely to the lessee if the lessee and the permittee on the permit to be Self-Relocated are the same person or entity. For related rules on this issue, see Rules 40D-1.6105, 40D-2.351, and 40D-2.381(3)(p) and (q), F.A.C., and Section 1.10 and 6.1, Basis of Review for Water Use Permit Applications.
Changes proposed to Section 2.5, the new subsection titled "PUBLIC WATER SUPPLY SERVICE AREA WITHIN THE SWUCA" are shown to the proposed language in an underline and strikethrough format below:
2.5PUBLIC WATER SUPPLY SERVICE AREA
PUBLIC WATER SUPPLY SERVICE AREA WITHIN THE SWUCA
In addition to the paragraph above, aA public supply utility permit Applicant must define the entire area proposed to be serviced by the public supply system or utility with potable water during the term of the permit. A public water supply utility may have separate, discreet service areas; however, if water is routinely transferred between service areas, the service areas are counted as one. An applicant’s public supply service area is composed of the following, unless the applicant demonstrates that factors unique to its utility make one or more of these situations inapplicable to the determination of the applicant’s service area:
1.The current and projected geographic retail area for which a public water supply utility intends to provide and bill for potable water for the duration of the permit.
2.The current and projected geographical retail areas of a public water supply utility that is not required to have a Wholesale Water Use Permit but which purchases water wholesale from the Applicant;
3. Areas where the Applicant bills for water use although another entity or utility has a Wholesale Water Use Permit for distribution of the water to the population.
The area for which a Wholesale Public Supply Permittee distributes potable water and bills customers for that water is not included in the wholesaler supplier's service area.
Public water supply applicants and their wholesale customers that operate “community water systems” as that term is defined by the Florida Department of Environmental Protection in Rule 62-550.200, F.A.C., and provide or propose to provide water to the public for compensation, shall be considered public water supply “utilities.” For the purposes of this rule, an entity which submeters a master-metered connection to a utility and bills for the metered water use is not considered a public water supply utility.
Public supply permit Applicants with a defined service area must submit an up-to-date map of the service area with clearly marked, identifiable boundaries at the time of application for a new permit, permit modification (not letter modification) or permit renewal. The map submitted must clearly show any changes to the service area relative to the service area depicted in the District's electronic public supply service area boundary map. The map must clearly delineate the current area served from any proposed service area(s) if the current and proposed areas are not the same, and the applicant is applying for quantities for the proposed service area. The map may be paper or District compatible electronic file format. During the term of the permit, for permits with durations longer than six years, an up-to-date service area map shall be submitted every six years. With each service area map submittal, the following information must be included:
1.A current general utility contact person name, title, email address and phone number.
2.A current contact person name, title, email address and phone number whom District staff may call concerning the service area map.
3.The metadata for the map if the map is submitted as an electronic file that is compatible with the District's format.
4.The District permit numbers and Florida Department of Environmental Protection Public Water Supply Identifier (PWSI) numbers and area designation names for each service area or sub-service area, as applicable.
5.An indication of routine water transfer interconnections between service areas and other utilities or wholesale suppliers or recipients.
6.The name, contact person, phone number, and District permit number(s) of each utility that purchases water from the permittee on a routine basis and the most recent year’s purchase quantity in millions of gallons per day.
7.The name, contact person, phone number, and District permit number(s) of each utility that the permittee purchase water from on a routine basis and the most recent year’s purchase quantity in millions of gallons per day.
Definable areas within a service area which are served by domestic potable wells shall be delineated and designated by the permittee as non-served areas unless documentation such as a capital improvement plan is provided that demonstrates that the area will be supplied by the applicant within the term of the permit. Quantities shall not be permitted for overlapping service areas or service areas that are in dispute.
CHAPTER 3 OF THE BASIS OF REVIEW
Changes proposed to Section 3.1, REASONABLE DEMAND, the new subsection titled "Reasonable Water Needs In The SWUCA" are shown to the proposed language in an underline and strikethrough format below:
3.1DETERMINING REASONABLE QUANTITIES
REASONABLE DEMAND
Reasonable Water Needs In The SWUCA - The reasonable water needs of all applicants for permit renewals, New Quantities and Self-Relocation will be closely evaluated by the District. For renewals and Self-Relocations the evaluation period will be the previous permit term, taking into account climate variability, market conditions, and other factors that influence water withdrawals. Permittees who have not utilized the full previous allocation because circumstances prevented full implementation of the plan on which the allocation was based will be required to demonstrate that the need for the full allocation will occur within the next permit term. To support any future needs, this demonstration must include substantive documentation of the proposed need such as materials orders, construction plans or an operations or business analysis or plan that otherwise specifically justifies the requested quantities. In such cases, the permit shall be restricted term may restricted to encompass the period over which the proposed need is projected to occur, or the permit may be conditioned to reduce the permitted quantities should the proposed need not develop. For water uses affected by rainfall, the demonstration may include information showing the relationship between actual effective rainfall amounts affecting demand occurring over the previous permit term and any statistical rainfall analysis upon which the previous permit allocation was based that contributed to the permittee’s ability to use less than the full previous allocation. This paragraph shall be construed to provide for the allocation of sufficient quantities to meet the permittee’s reasonable-beneficial needs during drought conditions as otherwise set forth in this Chapter 3 and consistent with the District’s authority to address such uses during declared water shortages and emergency water shortages.
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Proposed amendments to Section 3.1, the subsection titled "Alternative Water Supplies Within the SWUCA" are now as follows:
ALTERNATIVE WATER SUPPLIES SOURCES WITHIN THE SWUCA
Reuse Goal--Water Use Permittees within the SWUCA who generate treated domestic wastewater are encouraged to demonstrate that maximization of beneficial reuse is occurring such that by September 30, 2004, 50% or more of the total annual effluent flow is beneficially reused. Beneficial reuse is the use of reclaimed water for one of the activities described below. The calculation of the percentage beneficially reused shall be based on the Permittee's wastewater treatment plants with a capacity of 0.5 mgd or greater. Progress toward this goal shall be described in the Alternative Water Source Suppliers report described in Section 3.1, the paragraph titled "Alternative Source Suppliers Within The SWUCA," below.
1-1-03, ______
Proposed amendments to Section 3.1, the subsection titled "REPORTING ALTERNATIVE WATER SUPPLY QUANTITIES WITHIN THE SWUCA" are now as follows:
REPORTING ALTERNATIVE WATER SUPPLY SOURCE QUANTITIES WITHIN THE SWUCA
Alternative Water Source Suppliers Within The SWUCA--Governmental or other entities holding Water Use Permits within the SWUCA and which generate treated wastewater effluent or supply stormwater shall submit an annual Suppliers of Alternative Water Supplies Source Report. This requirement shall be implemented by attaching a permit condition to all applicable permits upon January 1, 2003. The Suppliers of Alternative Water Supplies Source Report will require the Permittee to provide information about locations and quantities of Alternative Water Supplies delivered sources supplied, effluent disposed and supplied as beneficial reuse, and information about individual customer reuse connections.
1-1-03, ______
Alternative Water Supply Source Receivers Within The SWUCA--All permitted uses within the SWUCA which receive reclaimed water or stormwater (e.g. golf courses, industrial/commercial uses, agricultural uses, etc.) shall be required to meter, record and report Aalternative Water Supply source quantities and sources on a monthly basis. Permittees shall list the Aalternative Water Supply source supplier's name, location, and quantities obtained in gallons per day, for each source. This requirement shall be implemented by attaching a permit condition to all applicable permits.
1-1-03, _______.
Changes proposed to Section 3.1, the new subsection titled "Permits With Alternative Water Supplies In The SWUCA" are shown to the proposed language in an underline and strikethrough format below:
Permits With Alternative Water Supplies In The SWUCA
New Permits — If an application includes the use of Alternative Water Supplies to supply all or a portion of the requested demand, and the applicant demonstrates that, through no fault of the applicant, the Alternative Water Supplies are vulnerable to becoming unavailable, insufficient or unsuitable for the authorized use, upon request by the applicant, a permit will be issued that puts use of the non-alternative source on standby status, provided the withdrawal and use of the non-alternative water supply source meets all the conditions for issuance. The standby quantity will be for an amount equal to the quantity offset by the Alternative Water Supplies. This standby quantity is to be used only when the Alternative Water Supplies become unavailable, insufficient or unsuitable; or economically, technically or environmentally infeasible for the authorized use. In no case will the standby quantity exceed the permitted quantity.
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Proposed amendments to Section 3.3 AGRICULTURE, the paragraph titled "PASTURE IRRIGATION" are now as follows:
3.3AGRICULTURE
PASTURE IRRIGATION
Applications for the irrigation of unimproved pasture will not be approved. Authorization of water use for improved pasture shall may be given based on the three driest months of the year (April, May, October) if the Applicant documents that an operable irrigation system exists (or is proposed) and is capable of delivering the requested amount. Permitted quantities for pasture irrigation will be based on the assigned efficiency standards set forth in Table 3-2 or historical irrigation quantities or schedules, whichever is less.
Changes proposed to Section 3.3, AGRICULTURE, the subsection titled “REPORTING REQUIREMENTS FOR IRRIGATION WATER USE WITHIN THE SWUCA”, the paragraphs titled "Compliance Within The SWUCA" are now as follows:
Compliance Within The SWUCA - Permittees who exceed the allocated quantities, which include standard and drought quantities as applicable, shall submit a report to the District which shall include reasons why the allotted quantities were exceeded, measures taken to attempt meeting the allocated quantities, and a plan to bring the permit into compliance. Allocated quantities are determined by multiplying the total irrigated acres by the total allocated inches per acre per season per crop. Reports for Permittees not achieving the allotted quantities are subject to District approval. If the report is not approved, the Permittee is in violation of the Water Use Permit.
Transferred _______
The District will evaluate information submitted by Permittees who exceed their allocated quantities to determine whether the lack of achievement is justifiable and a variance is warranted. Permittees may justify lack of achievement by documenting unusual water needs, such as unusual soil or weather conditions creating greater irrigation needs than normal. However, even with such documented justification, phased reductions in water use shall be required unless the District determines that water usage was reasonable under the circumstances reported and that further reductions are not feasible. For such Permittees, on a case-by-case basis, individual efficiency criteria may be developed for each management period. Justification for the exceedance does not constitute a waiver of the District's authority to enforce the terms and conditions of the permit.
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Proposed amendments to Section 3.6, PUBLIC SUPPLY, the subsection titled "PER CAPITA DAILY WATER USE WITHIN THE SWUCA" are now as follows (last sentence added):
3.6PUBLIC SUPPLY
PER CAPITA DAILY WATER USE WITHIN THE SWUCA
Adjusted Gross Per Capita-- Within the SWUCA permittees shall have an adjusted gross per capita daily water use rate no greater than 150 gallons per person per day (gpd). Permittees may deduct significant uses, treatment losses, and environmental migitation. However significant uses must be reported if deducted and accounted for in a water conservation plan developed by the applicant/permittee which includes specific water conservation programs for each user or type of use, as described in the section “Deducted Water Uses Within the SWUCA”, below. Within the Southern Water Use Caution Area, Adjusted Gross per capita daily water use is defined as withdrawals associated with residential, business, institutional, industrial, miscellaneous metered, and unaccounted uses. Permittees with per-capita daily water use which is increased skewed by the demands of significant water uses can deduct these uses provided that these uses are separately accounted. However, they must be reported The formula used for determining adjusted gross per capita is as follows:
WD + IM - EX - TL- SU – EM
FP Population
Where:
WD = ground water and surface water withdrawals
IM = water imported/bought from another supplier
EX = water exported/sold to other suppliers
TL = treatment loss (typically R/O or sand filtration)
SU = significant uses
EM = environmental mitigation, if required as a District permit condition
FP = functional population is the permanent population as adjusted by the seasonal resident, tourist, group quarters and commuter population within a utility's service area as determined in accordance with "Requirements for the Estimation of Permanent and Temporal Service Area Populations," dated 2006, as set forth in Part D of the Basis of Review For Water Use Permit Applications. See the paragraph titled "SERVICE AREA FUNCTIONAL POPULATION ESTIMATES WITHIN THE SWUCA" below for further information.
Population = functional population
1-1-03, Amended _____
Changes proposed to Section 3.6, the new subsection titled "Significant Use Within The SWUCA" are shown to the proposed language in an underline and strikethrough format below:
Significant Use Within The SWUCA -Public supply utilities often supply water for non-residential customers. If this non-residential use complies with any of the following criteria (listed A through E below), the use may be termed a significant use by the applicant and be deducted from the utility's gross total water use prior to calculating their Compliance Per Capita Use. Whether or not any single significant use described in Part A below is deducted for compliance per capita calculation, all must be reported in the annual report. Golf course and multi-family residential use (whether classified by the utility as commercial customer or not) do not qualify as significant uses.
A.Single Significant Use - A single significant use is an industrial/commercial (I/C) facility or other non-residential, non-governmental facility (which may consist of one or more buildings under common ownership, maintenance and management control at a single site or campus) that is supplied with greater than or equal to 25,000 gpd of water on an annual average basis (calculated for a calendar year), or whose water use comprises more than five percent of the utility's annual water use (calculated for a calendar year). Facilities that are not related under common ownership, maintenance and management control shall not be combined to meet a single significant use threshold. For reporting purposes, each single significant use shall be identified by customer name, and the annual gallons per day supplied to that customer shall be provided. If the 25,000 gpd criteria is used for facility, the five percent criteria may not also be used, and vice-versa.
This significant use deduction can be used in conjunction with the significant use deductions associated with regional government, higher education, and regional health care facilities as described in Parts C. and D. below. All of the water provided to businesses where water itself is the primary ingredient in the product can be added to these deductions. Such businesses are described in E below.
Exclusions: This single significant use deduction shall not be used if the permittee:
1.Uses the District-Wide Percent I/C Use method described below, or
2.Includes commuter population estimates in their service area population estimates.
B.District-Wide Percent I/C Use - Utilities with a large number of I/C (industrial/commercial) accounts, each of which fall below the 25,000 gpd single significant use threshold or the five percent of total utility use threshold may combine these smaller uses and deduct the percent of their I/C use that is greater than the District–wide three-year average percent I/C use which will be available annually from the District. Documentation for this method shall include completion and submittal to the District of the I/C Worksheet, contained in Part D, Appendix C, of the Basis of Review WUP Form No.___(mo, year) where commercial accounts are to be grouped by meter size, the total number of accounts shown as well as the total quantities supplied to each meter-size group. The deduction shall be calculated as follows:
a.Sum the total actual use for these accounts and divide by the total Gross Water Use Form A of the Public Supply Per Capita Survey (supplied by the District) to determine the utility's percent I/C use.
b.From the Public Supply residential water use tables in the District's three most recently published "Estimated Water Use" reports, add the total for each of the three year's Public Supply District "Gross Use" and add each of the three year's District "I/C Use".
c.Divide the summed "I/C Use" by the summed "Gross Use" to derive the District-wide three-year average percent I/C use (to be referred to as the "District-Wide Percent I/C Use").
d.Compare the Permittee's percent I/C Use to the District-Wide Percent I/C Use. If the Permittees' percent is equal to or less than the District-Wide Percent I/C Use, no deduction may be taken. If the Permittee's percent I/C use is higher, subtract the District-wide Percent I/C Use from the Permittee's percent I/C use to find the difference in percentages.
e.Multiply the Permittee's Gross Use by the difference in percentages.
Example:
1.A permittee's Gross Use is 5 MGD, and their combined I/C Use is 1.5 MGD. Their percent I/C Use is (1.5 MGD / 5 MGD) = 30%.
2.The sum of all Public Supply permittees' "Gross Use" for 2000, 2001, and 2002, as published in the District's 2000, 2001, and 2002 Estimated Water Use Reports, is 1,218 MGD, and the sum of all Public Supply permittees' "I/C Use" for the same three years is 283 MGD.
3.The District-wide Percent I/C Use is (283 MGD / 1,218 MGD) = 23.2%.
4.The permittee's percent is higher, so 30% - 23.2% = 6.8%
5.6.8 % times 5 MGD = 0.340 MGD.
The permittee may deduct 340,000 gpd from their total gross water use prior to calculating the compliance per capita water use.
Exclusions: This method of significant use calculation may not be used if the permittee:
1.Uses any other significant use deduction method, or
2.Includes commuter population in its estimate of service area functional population.
C.Combined Regional Government and Higher Education Facilities -Some of the water provided to regional governmental or higher educational facilities (which may consist of one or more buildings under common ownership, maintenance and management) that are located inside the utility's service area but also serve persons who live outside of the utility's service area may be deducted. The name and use for each facility deducted must be provided. The deduction shall be calculated as follows:
1.Add the gallons per day of water provided to all of these facilities.
2.Using the most recent U.S. Census for the county, determine the percent of the permanent county population not living in the utility's service area.
3.Multiply the percent of county residents who do not live within the utility's service area times the combined use of the facilities. The amount calculated can be deducted.
Note: City parks, recreation centers, public and private K-through-12 schools, city or town governmental facilities, local vocational-technological schools and other facilities which generally only serve the service area population shall be excluded. The following are examples of facilities for which the water provided may be partially deducted:
a.Community colleges, colleges and universities (public or private), and
b.County, state, and federal regional administrative and maintenance facilities., and
c.County, state and federal prisons if Group Quarters population (as provided in the Census) is not calculated.
Exclusions: The water use of these facilities may not be deducted under the provisions of this section if the permittee:
a.Uses the District-Wide Percent I/C Use method, or
b.Includes commuter population estimates in service area population estimates.
D.Individual Regional Health Facilities - Some of the water provided to health care facilities such as regional hospitals or specialty clinics (which may consist of one or more buildings at a single site or campus under common ownership, maintenance and management) that are inside the utility's service area but also serve persons living outside the utility service area boundaries may be deducted. The allowable deduction is calculated individually for each health care facility. It is the ratio of annual admissions with patient zip codes outside the service area to the total number of annual admissions times the water provided to the health care facility. The name and water use for each facility must be provided.
Exclusions: The water use of these facilities may not be deducted as an individual significant use under the provisions of this section if the permittee:
1.Uses the District-Wide Percent I/C Use method, or
2.Includes commuter population estimates in service area population estimates.
E.Individual Industrial/Commercial Facilities Where Water is the Primary Ingredient of the Final Product - Individual facilities such as brewers, soft-drink bottlers, and juice reconstitution plants (which may consist of one or more buildings at a single site or campus under common ownership, maintenance and management) where water is the primary ingredient of the final product may deduct 100 percent of the water in the product.
The permittee may choose to also take single significant use deductions described in A. above or use commuter population in its estimate of the functional population, but not both.
Exclusions: The water use of such facilities cannot be deducted if the permittee uses the District-Wide Percent I/C Use method.
Proposed amendments to Section 3.6, PUBLIC SUPPLY, the subsection titled "Deducted Water Uses Within The SWUCA" are now as follows:
Deducted Water Uses Within The SWUCA—
A water conservation plan and water survey specific to each business type (e.g., offices, restaurants, retail/wholesale, etc.) or group type (government or higher education) for each significant use type that is deducted as a significant use shall be provided in lieu of a water conservation plan for each individual I/C customer included pursuant to B. District-Wide Percent I/C Use, and C. Combined Regional Government and Higher Education Facilities above. This survey shall document the types of water uses that occur within the significant user's facility, the quantities associated with these uses, and any leak-detection or conservation activities undertaken by the user. Environmental mitigation quantities permitted by the District and treatment losses such as desalination reject water and sand-filtration backwash water shall be identified and reported separately, and shall not be included in the calculation of per-capita use. Water supplied to wholesale public supply customers that are not required to obtain a Wholesale Public Supply Water Use Permit shall be identified and reported separately, with a separate per-capita use calculated for each wholesale customer in addition to the wholesaler.
1-1-03, _____
Proposed amendments to Section 3.6, PUBLIC SUPPLY, the subsection titled "RESIDENTIAL WATER USE REPORTS WITHIN THE SWUCA" are now as follows:
RESIDENTIAL WATER USE REPORTS WITHIN THE SWUCA
Beginning January 1, 2003, public supply permittees in the SWUCA Southern Water Use Caution Area shall be required to annually report residential water use by type of dwelling unit, as required in "Annual Reports," items 9 10, 11 and 12, below. Residential dwelling units shall be classified into single family, multi-family (two or more dwelling units), and mobile homes. Residential water use consists of the indoor and outdoor water uses associated with these classes of dwelling units, including irrigation uses, whether separately metered or not. The permittee shall document the methodology used to determine the number of dwelling units by type and their quantities used. Estimates of water use based upon meter size may be inaccurate and will not be accepted.
1-1-03, _____
Proposed amendments to Section 3.6, PUBLIC SUPPLY, the subsection titled "ANNUAL REPORTS WITHIN THE SWUCA" are now as follows:
ANNUAL REPORTS WITHIN THE SWUCA
Public supply utility permittees with a withdrawal point in the SWUCA, Southern Water Use Caution Area, except those excluded by Rule 40D-2.801(b)(3), (5) and (6), F.A.C., whose permit requires the submittal of pumpage data shall submit the information specified below in an annual report covering the preceding calendar year, . This report is due no later than on April 1.
Those public supply utility permittees with a permit for less than 100,000 gpd annual average quantities and who have an adjusted gross per capita rate less than 150 gpd meet the applicable per capita requirements are required to submit items 1 through 6 and items 10. 12 and 13 only.
1.Service area fFunctional population served and methodology for determining service area functional population (see related provision under the provisions of SERVICE AREA FUNCTIONAL POPULATION ESTIMATES WITHIN THE SWUCA below);
2.Significant deducted uses, the associated quantity, and conservation measures applied to these uses;
3.Total withdrawals (the permittee may use data from a master meter for this item);
4.Treatment losses;
5.Environmental mitigation quantities;
6.Sources and quantities of incoming and outgoing transfers of water and wholesale purchases and sales of water, with quantities determined at supplier's departure point;
7.A description of the current water rate structure;
8.Water audit report, if applicable;
9.Residential use information as follows:
a.The number of single family units served and their total water use;
b.10.The number of multi-family units served and their total water use;
c.11.The number of mobile homes served and their total water use, if not included in item a. or b. above;
10.12.The quantity of total reclaimed water or stormwater provided by the permittee for use on both a total annual average daily and monthly basis;
11.13.For all individual customer reuse connections with line sizes of four inches or greater:
a.Account name and address;
b.Location of connection by latitude-longitude;
c.Line size;
d.Whether metered; and
e.Metered quantities if metered; and
12.14.Annual average daily quantity of unaccounted water and the percentage of unaccounted water relative to total withdrawals.
13.15.With every sixth yearly report, a current service area map in accordance with Section 2.5 of this Basis of Review.
1-1-03, _____
Changes proposed to Section 3.6, the new subsection titled "SERVICE AREA FUNCTIONAL POPULATION ESTIMATES WITHIN THE SWUCA" are shown to the proposed language in an underline and strikethrough format below:
SERVICE AREA FUNCTIONAL POPULATION ESTIMATES WITHIN THE SWUCA
Permittees required to submit service area functional population estimates in the SWUCA shall estimate both permanent resident, and temporal resident, and group quarter populations. Estimation of sService area tourist and net commuter population may be estimated as well. All estimates must be prepared in accordance with "Requirements for the Estimation of Permanent and Temporal Service Area Populations," dated 2006, as set forth in Part D of the Basis of Review For Water Use Permit Applications. Public supply permittees whose permit requires the submittal of pumpage data shall submit the applicable Worksheets from Part D and supporting documentation for calculations of per capita rates utilizing this standardized methodology beginning two years from [the effective date of the rule].
New ____
CHAPTER 4 OF THE BASIS OF REVIEW
The changes proposed to Section 4.3, in the new subsection titled "B. Withdrawals Within the SWUCA That Affect Minimum Flows and Levels Water Bodies”, the new paragraphs titled "GENERAL" are shown to the proposed language in an underline and strikethrough format below:
4.3Minimum Flows and Levels
B.Withdrawals within the SWUCA That Affect Minimum Flows and Levels Water Bodies
GENERAL
In establishing Minimum Flows and Levels within the SWUCA as required by Section 373.042, F.S., and which are set forth in Chapter 40D-8, F.A.C, the District has determined that the actual flows and water levels for most of the water bodies for which Minimum Flows and Levels have been established are below the Minimum Flow and Level. The District is expeditiously implementing a recovery strategy for the SWUCA in keeping with the District’s legislative mandates pursuant to Sections 373.036, 373.0361, 373.0421 and 373.0831, F.S. The SWUCA provisions of Chapter 40D-2, F.A.C., the Basis of Review For Water Use Permit Applications. and Chapter 40D-80, F.A.C., set forth the regulatory portion of the recovery strategy for the SWUCA. The District will conduct an annual assessment of water resource criteria and cumulative impacts and evaluate the status of the recovery strategy every five years prior to 2025, as provided in Rule 40D-80.074, F.A.C. Based on the annual assessment and five year evaluation, the District will may revise this Section 4.3 B. in accordance with 40D-80.074 as appropriate. Compliance with Section 4.3 B. does not, by itself, satisfy the requirements of Chapter 40D-2, F.A.C., for applications requesting new withdrawals submitted on or after [effective date of rule].
Changes proposed to Section 4.3, Minimum Flows and Levels, in the new subsection titled “B. Withdrawals within the SWUCA That Affect Minimum Flows and Levels Water Bodies”, in paragraph 3. “Applications For New Ground Water Quantities Submitted On Or After (effective date of rule), Below Minimum Flow or Level”, in subparagraphs c. Ridge Lakes and d. No Impact to Salt Water Intrusion Minimum Aquifer Level, are shown to the proposed language in an underline and strikethrough format below:
4.3Minimum Flows and Levels
B.Withdrawals within the SWUCA that Affect Minimum Flows and Levels Water Bodies
Below Minimum Flow Or Level
3.Applications For New Ground Water Quantities Submitted On Or After (effective date of rule)
c.Ridge Lakes and d. No Impact to Salt Water Intrusion Minimum Aquifer Level
c.Ridge Lakes - If the above conditions are not met, the withdrawal shall can be authorized only if the applicant proposes to implement a Net Benefit as described in paragraph 4., below. …….
d.No Impact to Salt Water Intrusion Minimum Aquifer Level., Upper Peace River and Ridge lakes – If the proposed withdrawal is determined to comply with 40D-2, F.A.C., and this Basis of Review, the withdrawal shall can be authorized.
Changes proposed to Section 4.3, Minimum Flows and Levels, in the new subsection titled “B. Withdrawals within the SWUCA That Affect Minimum Flows and Levels Water Bodies, Below Minimum Flow or Level”, in paragraph 3. “Applications For New Ground Water Quantities Submitted On Or After (effective date of rule), Below Minimum Flow or Level”, in subparagraph 4. “Net Benefits”, are shown to the proposed language in an underline and strikethrough format below:
4.Net Benefit
If an applicant must implement a Net Benefit to obtain the permit, a permit shall can be issued if the applicant provides reasonable assurance that implementation of its proposed Net Benefit will mitigate the predicted impacts by one of more of the options listed below.
The changes proposed to Section 4.3, Minimum Flows and Levels, in the new subsection titled “B. Withdrawals within the SWUCA That Affect Minimum Flows and Levels Water Bodies”, in paragraph 3. “Applications For New Ground Water Quantities Submitted On Or After (effective date of rule), Below Minimum Flow or Level”, in subparagraph 4. “Net Benefits”, c. Ground Water Replacement Credit in the SWUCA paragraph (3) are shown to the proposed language in an underline and strikethrough format below:
(3)The Supplier and Receiver shall apply to the District for the credit and will indicate to the District which entity should obtain the credit quantity, or whether the credit quantity will be divided between them or assigned to a third party. To apply for a credit an entity must submit the Ground Water Replacement Credit Application Form No. XXX, WUP- ____ which must be signed by all involved parties.
CHAPTER 6 OF THE BASIS OF REVIEW
Proposed amendments to Section 6.1, STANDARD PERMIT CONDITIONS, No. 19, are now as follows:
6.1STANDARD PERMIT CONDITIONS
19.Within the SWUCA Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the permittee shall be provided with a statement of facts upon which the District based its determination and a opportunity to address the change or impact prior to a reconsideration by the Board of the quantities permitted or other conditions of the permit. Board, upon reasonable notice to the permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact, but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a hearing.
Proposed amendments to Section 6.6, SWUCA PERMIT CONDITIONS, Standard Condition are now as follows:
6.6SWUCA PERMIT CONDITIONS
Standard Condition
Within the SWUCA Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the permittee shall be provided with a statement of facts upon which the District based its determination and an opportunity to address the change or impact prior to a reconsideration by the Board of the quantities permitted or other conditions of the permit. Board, upon reasonable notice to the permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a hearing.
1-1-03, ____
PART D OF THE BASIS OF REVIEW
Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area
List of Acronyms and Definitions
The following Acronym and Definition is added:
CHOUSUNITS – Census total housing units – data from the most recent decennial Census (2000 Census SF1 File, Variable H001001/American Factfinder Table H1, or equivalent data for subsequent Census)
Changes proposed to new Part D, to the new proposed language, are shown in an underline and strikethrough format below:
2.2Complete Worksheet C (Households & Group Quarters) by selecting the appropriate Census blocks and data to represent the retail water service area. Data shall be collected for blocks totally within and partially within the service area. The selection of Census blocks and data must be in accordance with Section 2.1 of Appendix A. Data sources are provided in Section 2.2 of Appendix A. Census geography identifier and county codes are defined in Section 2.3 of Appendix A. For each selected block, enter the following most recent Census data.
a.Census county name or code
b.Census tract number
c.Census block number
d.Census Population in Households (CPOPNHH)
e.Census Households (CHH)
f.Census Group Quarters Population (CGRUPPOP)
g.Census Housing Units (CHOUSUNITS)
Sum the data for CPOPNHH, CHH and CGRUPPOP and enter the appropriate sums under “CPOPNHH”, “CHH”,and “CGRUPPOP”, and CHOUSUNITS in Section 2 of Worksheet B. Utilities with large numbers of Census blocks in the service area may submit an electronic file such as a spreadsheet or the output of a database or statistical analysis software in lieu of Worksheet C so long as the utility and Census geographies are clearly identified, the same data are reported, and the data are clearly labeled.
2.3Complete Worksheet D
a.District-Provided Seasonal and Permanent Resident Population Data: Estimated Census year peak seasonal and permanent resident population by ZCTA are available from the District’s website or, if access to the website is not available or sufficient, from the District's Planning Department, for the calculation of the SEASRR. Compare the service area to Geographic ZIP Code or ZCTA maps. See Section 3.2.1 of Appendix A for ZCTA map sources if not using geographic mapping software. Census ZCTAs are generally congruent with Geographic ZIP Codes. Where they are not, the District has assigned such new Geographic ZIP Codes to appropriate ZCTAs. Select the appropriate ZCTAs to represent the retail water service area in accordance with the provisions of Section 3.2.2 of Appendix A. Data from ZCTAs that are completely within the service area shall be utilized in the calculation of the SEASRR. If a service area is entirely within a ZCTA, then only the data from that ZCTA shall be used in the calculation of the SEASRR. For ZCTAs that are partially within the service area, any utility may use the 34% housing unit selection criteria described in i. below and Section 3.2.3 of Appendix A. Only small utilities may use the billing ZIP Code analysis methodology described in ii., below, and Section 3.2.4 of Appendix A.
i.34% Housing Unit ZCTA Selection Criteria: For those using the 34% selection method to determine whether ZCTAs that are partially in the service area must be included, complete Worksheet E by entering the ZCTA number, and then the total Census number of housing units (CHOUSUNITS) in the ZCTA under “A.” See Section 3.2.3 of Appendix A for Census housing unit data sources. Enter the number of Census housing units for each Census block that is both in the service area and the ZCTA under “B”. If the sum of the housing units from blocks both in the service area and the ZCTA (“C”) divided by the total the total housing units in the ZCTA (“A”) is equal to or greater than 0.34, then the estimated seasonal and permanent resident data from that ZCTA shall be used in the calculation of the SEASRR on Worksheet D (along with data from any ZCTAs that are wholly within the service area).
3.2Completion of Worksheet G – Part 2 (Tourist Lodging Tax Method)
In Section a. of Part 2, enter the monthly or average monthly (annual divided by 12) tourist accommodations tax collections and the tourist accommodations tax rate for the area approximately congruent with the retail service area. See Section 5.2 of Appendix A for information on tax data availability and average daily room rates. The tax rate should be entered for each month even if the rate does not change. Calculate the monthly room revenue as indicated in the formula. Next enter the average daily room rate for each month or the average annual daily room rate. Next, calculate the total room days per month as indicated in equation. Sum the monthly room days and enter the result under “L”.
In Section b. of Part 2, select the average guests per room as in Section c. of Part 1. Enter the selected value under “M”. See Section 5.1.3 of Appendix A for information on values.
4.2Complete Worksheet I by entering District-provided net commuter and population in households data for tracts entirely within the service area and those partial tracts meeting the 34% criteria in Worksheet H.
Continuing with Worksheet I, sum the net commuters by Census tract and enter the result under “A”. Enter the corresponding Census housing units population in households by tract and sum the results under “B”. Calculate the ratio of net commuters to Census housing units population in households as indicated in the equation for “C”.
Estimate the number of net commuters for the service area as indicated in the equation for “D”. The RESUNITS PERMPOP (PERMANENT RESIDENT POPULATION OF THE SERVICE AREA (residential units served for the year of interest) is copied from Section 19 of Worksheet B.
Appendix A to Part D
Population Data Sources, Details & Examples For Worksheets A-I
Changes proposed to new Appendix A to Part D, to the new proposed language, are shown in an underline and strikethrough format below:
Table of Contents
1.0Worksheet A: Residential Account HousingA-4
1.1Utility Data RequiredA-4
2.0Worksheet C: Households, and Group Quarters and Housing UnitsA-4
1.Worksheet A: Residential Account Housing
1.1Utility Data Required
The number of actual or equivalent residential account housing units served in April of the year of interest for the retail water service area. Data from a month other than April may be used if included in regularly produced utility reports. However, data from the same month must be used on a consistent basis from year to year.
Equivalent housing units for master-metered residential accounts must be an actual count or must be estimated using Worksheet A (Residential Account Housing Unit Estimation Worksheet) and shall not include any accounts other than those that serve residential housing. No irrigation (residential or otherwise), commercial, industrial, institutional, government, etc. accounts shall be included. Nursing home, prison, dormitory, etc., populations shall be calculated according to the requirements for estimating group quarters population, as specified in Section 2.11. The number of meters by customer class and size, and all other utility furnished data shall be documented.
2.Worksheet C: Households, and Group Quarters and Housing Units
2.1Census Data Required[1]
For the Census blocks which fall either entirely or partially within the current retail water service area, the following most recently available decennial Census data must be used:
a.Population in households (for the 2000 Census, data set SF1, table P16, or equivalent),
b.Households (for the 2000 Census, data set SF1, table P15 or equivalent), and
c.Group quarters population (for the 2000 Census, data set SF1, table P27 or equivalent)
d.Housing units (for the 2000 Census, data set SF1, table H1 or equivalent
3.2District-Provided Hospital Admissions to Generate Seasonal Population Data
Development of Hospital Admissions Data if Not Available from District -The Census year estimated seasonal population for the service area ZIP codes/ZCTAs is estimated as the 3-year average of the non-negative differences between 1st quarter and 3rd quarter emergency admissions for the 55 – 84 age group divided by an assumed District-wide admissions incidence (probability). The three years used to calculate the average difference shall be the year before the Census (Census – 1), the year of the Census (Census), and the year after the Census (Census + 1).
The first quarter of the year is when most seasonal residents reside in Florida and the third quarter is when the least reside in the State. The 55 - 84 age group is reflective of the age characteristics of the seasonal resident population.
The District-prescribed admissions incidence for seasonal residents is based on third quarter emergency hospital admissions for the age group 4535 – 7464. The emergency admissions incidence for seasonal residents is based on a younger age group because both anecdotal evidence and research indicate that the seasonal resident population is generally healthier than the equivalent age resident permanent resident population. The incidence is calculated as the 3-year average of 3rd quarter emergency admissions for the 4535 – 7464age group divided by the Census year total 4535 – 7464age group population for the ZIP codes and ZCTA’s in the District. Again, the three years used to estimate the average Census year admissions for this incidence are Census – 1, Census, and Census +1. For the 2000 Census, the District-wide 4535 – 7464 emergency admissions incidence to be used in estimating the Census year seasonal resident population is 0.0153020.011656.
3.2.3Worksheet E: Partial ZCTA Selection – 34% Housing Unit ZCTA Selection Criteria
3.2.4Worksheet F-Small Service Area ZIP Code Selection
Step 2 - As it is very unlikely that the sum of Census block populations in households for the selected Census blocks will exactly match to totals in the above tTable A1 below, the minimum average annual third quarter admissions thresholds will have to be extrapolated as in the Step 2b of Worksheet F and the interpolation example below.
3.2.5Example Calculation of Peak Seasonal Resident Ratio (SEASRR) – District Provided Data
The results of the following example Worksheet D Part 1 Peak Seasonal Resident Ratio will be used in subsequent Worksheet B example calculations.
Example Calculation of Estimated Census Year Peak Seasonal Resident Ratio
Average AnnualThree Year Sum of 3rd
Quarter Admissions by
ZIP/ZCTA only if Small Service Area Partial ZCTA Selection Criteria Used
ZIP Code/ZCTA Estimated Census Year Peak Seasonal
Resident Population
Census Year
ZCTA Permanent Population
ZIP Codes/ZCTAs
A
B
C
335X1
163
1,687 1.687.256921
16,814
335X2
279
829 829.3296728
21,552
335X3
196
1,001 1,000.915122
25,920
Sum of B = E
Sum of C = F
Sum Seasonal (B) & Permanent (C) Populations
3,517
64,286
Peak Seasonal Resident Ratio (SEASRR) = (E + F) / F = 1.0547 1.05471645
4.11Worksheet B Section 13 – Calculation of Group Quarters Population
Calculate the ratio of Census group quarters population (CGRUPPOP) to Census housing units (CHOUSUNITS) population in households. (CPOPNHH) for the Census blocks wholly or partially within the service area. This ratio is then applied to the residential units served permanent resident population for the year of interest (RESUNITS) (PERMPOP) from Section 19 of Worksheet B. Permittees may also elect to survey group quarters population customers to determine the service area group quarters population. The survey must be conducted in accordance with the minimum sample size requirements of Appendix B of this document and the population must be estimated in a manner consistent with the Census definition of group quarters population. Since group quarters population is included in the service area population, the permittee may not treat group quarters accounts as commercial for purposes of deducting significant uses pursuant to “PER CAPITA WATER USE IN THE SWUCA,” Section 3.6 of the Basis of Review. Group quarters population for the year of interest (GRUPPOP) shall be calculated as follows:
(Census group quarters population / Census housing units population in households) x residential units served permanent resident population for the year of interest = GRUPPOP
4.12Worksheet B Section 14 - Calculation of Total Required Water Service Area Functional Populations for the Year of Interest (REQPOP)
The required service area population that must be submitted is the sum of the estimated permanent resident population (PERMPOP), functional seasonal resident population (FSEASPOP), and group quarters population for the year of interest (GRUPPOP). This calculation creates a functional population for the service area composed of functional seasonal, and permanent residents.
5.1Public Lodging Data Method
Functional tourist population in public lodging shall be calculated by multiplying the number of public lodging rooms within the service area times the average annual or monthly occupancy rate(s) times an average number of guests per room. Submitted lodging room inventory, monthly occupancy rate, and guests per room data shall be no more than six years old. Documentation shall be provided listing the facilities and their numbers of rooms.
5.1.1Inventory of Service Area Public Lodging Rooms
For public lodging facilities such as hotels/motels, RV parks/campgrounds and short-term rental condominiums, “rooms”, “sites”, and “units’ are used interchangeably. The number of available rooms in the service area shall be obtained from the Florida Department of Business and Professional Regulation (DBPR), local convention/visitor bureaus (if tailored to the service area), utility billing records or a survey of utility lodging customers (see Section 5.1.4 of this Appendix). The District intends to provide a periodically updated electronic map of lodging facilities and numbers of rooms on its website. This file can be used with geographic information systems to determine the number of facilities and lodging units within a utility service area.
If not available from the District, tThe number of available public lodging rooms in the service area may be derived from data on the DBPR website (www.myflorida.com/dbpr/). The website provides information on the number of rooms along with the business name and location address that can be used to determine whether the lodging facility is located in the service area. Facilities are coded by type. The DBPR lodging facility codes to be used estimating available rooms are: 2001 (hotels), 2002 (motels), 2005 (bed and breakfast), 2006 (resort condominiums) and 2007 (resort dwellings).Note: If resort condominiums and dwellings are included in the utility's residential customer classes and are counted as public lodging units for tourist population estimation, then the number of such units shall be deducted from the dwelling unit counts in Worksheet A.
5.1.2 Average Annual Monthly Occupancy Rate
If monthly occupancy rates are not available from utility customer/consultant surveys, existing studies or sources such as conventions/visitor bureaus, the average monthly occupancy rate shall be calculated by averaging the monthly, quarterly or seasonal occupancy rates according to the available data. The average annual occupancy rate may also be used as the monthly occupancy rate. The shortest available duration occupancy rate data shall be utilized. Only data from source studies that include the service area shall be utilized. The geographic scope of average annual daily occupancy rate studies shall be no larger than county-wide unless the data are from a regional convention/visitors bureau. The example below shows the calculation of the average annual monthly occupancy rate from data other than utility lodging customer survey data. See Section 5.1.4 of this Appendix for an example of the calculation of occupancy rates from customer survey data.
6.0Worksheets H & I - Functional Net Commuter Population (Optional)
The number of net commuters is then divided by the sum of Census housing units permanent population in households for the selected tracts. This results in a ratio of net commuters to total housing units permanent population in households (or percentage of population in households that are net commuters). This ratio is then applied to the Residential Permanent units served Population.for the Year of Interest (RESUNITS) (PERMPOP) as calculated in Section 14.7 of this Appendix to estimate the year of interest net commuter population. The population is then multiplied by 8/24 (0.333) and 5/7 (0.714) to account for the length of the workday and the workdays of the week, respectively, to form a functional net commuter population.
6.3 If Not Using District Provided Commuter Data - Commuter Population and Population in Households Data to Be Collected
Housing unit Population in households data (for the 2000 Census, data set SF1, table H1 P16, or equivalent) shall be collected for the selected tracts. Note: housing unit population in households data are not found in the CTPP but are found with regular Census data. See Section 2.1 of this Appendix.
6.4 Worksheet I - Calculation of Functional Net Commuter Population for the Year of Interest (FNETCOM)
The calculation of the net commuter population requires several steps. These are listed below. If using District-provided data, skip steps a, b, and c.
a.This step required only if not using District-provided net commuter data. Sum the number of workers per tract from the CTPP Part III table 1 listing the number of workers per workplace census tract (QPOWTRACT). This total represents the number of workers that work in the service area tracts.
b.This step required only if not using District-provided net commuter data. Sum the total number of resident workers per tract from the CTPP Part III table 1 listing the number of resident workers per residence census tract (TRACT). This total represents the number of workers that live in the service area tracts.
c.This step required only if not using District-provided net commuter data. Subtract the total workers that live in the service area tracts (as determined in b. above) from the total workers that work in the service area tracts (as determined in a. above) to determine the total net commuter population for the service area. Enter the total under “A” in Worksheet I, or
d.Sum the District-provided net commuters by Census tract in Worksheet I under “A.”
e.Sum the Census housing units populations in households for the selected service area tracts under "B".
f.Divide the total net commuter population for the service area tracts (as determined in c. above or from District provided data in d) by the sum of the Census housing units populations in households for the selected tracts (as determined in e. above from Census sources or from District provided data). This ratio represents the ratio of net commuters to total housing units populations in households for the Census year ("C").
g.Apply the ratio calculated in f. above to the residential units servedPermanenent Resident Population for the Year of Interest (RESUNITS) (PERMPOP) (as determined in Section 9 of Worksheet A B) to determine the year of interest net commuter population. The net commuter population is assumed to grow in proportion with the service area housing units served permanent resident populatin.
h.As net commuters generally spend eight hours per day for five days in the service area, the net service area commuter population for the year of interest is reduced by factors of 8/24 hours (.333) and 5/7 days (.714) to estimate functional net commuter population for the year of interest (FNETCOM). The FNETCOM is then added to the total required functional population for the year of interest (REQPOP) and any other optional populations.
The Supplement to Appendix A, Appendix C and Appendix D are substituted in their entirety as set forth below. It is not possible to show underlines and strikethroughs in these Excel files.
[1] See Section 3.2 for potential additional Census data requirements.
