The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts (WMDs). The CUPCon goals ...  

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    WATER MANAGEMENT DISTRICTS

    South Florida Water Management District

    RULE NOS.:RULE TITLES:

    40E-10.011Policy and Purpose

    40E-10.031Water Reservations Implementation

    40E-10.051Water Reservation Areas: Upper East Coast Planning Area

    PURPOSE AND EFFECT: The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts (WMDs). The CUPCon goals include: 1) making the consumptive use permitting program less confusing for applicants; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the process; and 5) incentivizing behavior that protect water resources.
    SUMMARY: The proposed amendments delete references to Chapter 40E-20, F.A.C., which is proposed for repeal, and rename the "Basis of Review for Water Use Permit Applications within the South Florida Water Management District" to "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District."

    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 not been prepared by the agency.

    The proposed amendments are non-substantive and have no impact on small business.

    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 proposed amendments are non-substantive and do not meet the threshold.

    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: 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS.

    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: January 9, 2014, 9:00 a.m.

    PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406

    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: South Florida Water Management District Clerk's Office, (800)432-2045, ext. 2087 or (561)682-2087. 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: Steven Memberg, Water Use Policy Principal Scientist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406 (800)432-2045, ext. 2133 or (561)682-2133, email: smemberg@sfwmd.gov, or Jennifer Bokankowitz, Esq., South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 2258 or (561)682-2258, email: jbokanko@sfwmd.gov. For procedural questions, contact Jan Sluth, CP, FRP, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406 (800)432-2045, ext. 6299 or (561)682-6299, email: jsluth@sfwmd.gov

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    40E-10.011 Policy and Purpose.

    The purpose of this chapter is to define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified water bodies. Water reservations are implemented in the water use program pursuant to Chapters 40E-2 and 40E-20, F.A.C.

    Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-2-09, Amended________.

     

    40E-10.031 Water Reservations Implementation.

    (1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances that Rules 40E-2.301 and 40E-20.301, F.A.C., and Section 3.11 of the “Applicant’s Handbook Basis of Review for Water Use Permit Applications within the South Florida Management District”, incorporated by reference in Rules 40E-2.091 and 40E-20.091, F.A.C., are met.

    (2) through (3) No change.

    Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-2-09, Amended 3-18-10,_________.

     

    40E-10.051 Water Reservation Areas: Upper East Coast Planning Area.

    North Fork of the St. Lucie River, as defined in subsection 40E-10.021(3), F.A.C.:

    (1) No change.

    (2) Reservations contained in this Rule and the criteria contained in section 3.11.2 of the “Applicant’s Handbook Basis of Review for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information and concurrent with the approval specified in subsection (1), above.

    Notwithstanding the above, presently existing legal uses for the duration of a permit existing on March 18, 2010 are determined to be not contrary to the public interest pursuant to Section 373.223(4), F.S.

    Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New-3-18-10, Amended__________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Maria C. Clemente, Water Use Bureau Chief, Regulation Division

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012 and Notice of Additional Workshops on April 30, 2013

Document Information

Comments Open:
12/10/2013
Summary:
The proposed amendments delete references to Chapter 40E-20, F.A.C., which is proposed for repeal, and rename the "Basis of Review for Water Use Permit Applications within the South Florida Water Management District" to "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District."
Purpose:
The Florida Department of Environmental Protection (DEP) is leading a statewide effort (referred to as CUPCon) to improve consistency in the consumptive use permitting programs implemented by the water management districts (WMDs). The CUPCon goals include: 1) making the consumptive use permitting program less confusing for applicants; 2) treating applicants equitably statewide; 3) providing consistent protection of the environment; 4) streamlining the process; and 5) incentivizing behavior that ...
Rulemaking Authority:
373.044, 373.113, 373.171, F.S.
Law:
373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470, F.S.
Contact:
Steven Memberg, Water Use Policy Principal Scientist, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406 (800) 432-2045, ext. 2133 or (561) 682-2133, email: smemberg@sfwmd.gov, or Jennifer Bokankowitz, Esq., South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406 (800) 432-2045 ext. 2258 or (561) 682-2258, email: jbokanko@sfwmd.gov. For procedural questions, contact Jan Sluth, CP, FRP, South Florida Water Management District, ...
Related Rules: (3)
40E-10.011. Policy and Purpose
40E-10.031. Water Reservations Implementation
40E-10.051. Water Reservation Areas: Upper East Coast Planning Area