In January 2010, farmers in the Dover/Plant City area pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet and caused more than 750 temporarily dry wells for neighboring homeowners. ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

Rule No.: RULE TITLE
40D-2.021: Definitions
40D-2.041: Permits Required
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of Application
40D-2.381: Standard Permit Conditions
40D-2.801: Water Use Caution Areas
PURPOSE AND EFFECT: In January 2010, farmers in the Dover/Plant City area pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet and caused more than 750 temporarily dry wells for neighboring homeowners. Pumping groundwater for freeze protection is a best management practice for strawberry, citrus, and other industries and is authorized by water use permits. However, the farmers were responsible for fixing hundreds of the dry wells. Amendments to Chapter 40D-2, F.A.C., are being made as part of a rulemaking package, which will also include amendments to Chapters 40D-1, 40D-8, and 40D-80, F.A.C., to prevent a similar situation. Effective and complete implementation of the current phase of the management strategy for the Dover/Plant City area frost/freeze crop protection pumping is dependent on each of the proposed amendments to Chapters 40D-1, 40D-2, 40D-8 and 40D-80, F.A.C. The District has set a goal to by January 2020 to reduce groundwater withdrawals for frost/freeze protection by 20% from January 2010 quantities to lessen the potential that drawdown during a frost/freeze event would lower the aquifer level at District Well DV-1 Suwannee below 10 feet NGVD. The District proposes water use permitting requirements in Chapter 40D-2, F.A.C., to limit groundwater pumpage for frost/freeze protection in the area. Additionally, the amendments to Chapters 40D-1 and 40D-2, F.A.C., will incorporate revised and new District water use permit application forms to implement the provisions of the proposed companion amendments to Chapters 40D-2, 40D-8 and 40D-80, F.A.C., be used in the proposed Dover/Plant City WUCA.
SUMMARY: Amendments to Chapter 40D-2, F.A.C., will create a Dover/Plant City Water Use Caution Area (DPC WUCA) in portions of Hillsborough and Polk counties. Additionally, The proposed amendments to Chapter 40D-2, F.A.C., and the Water Use Permit Basis of Review incorporated by reference in Chapter 40D-2, F.A.C., include the following water use permitting criteria for water use permit applicants and permittees within the the DPC WUCA or having an impact on the Minimum Aquifer Level Protection Zone proposed for the DPC WUCA in Chapter 40D-8, F.A.C., simultaneously with this rulemaking:
• Establishing that the impacts of existing permits on the minimum aquifer level will not be a basis for permit denial.
• Allowing existing permittees to move their operation to another location through “self-relocation.”
• Clarifying that existing permits can be transferred to a new owner.
• Limiting new groundwater pumping for frost/freeze protection by not allowing additional drawdowns within the WUCA.
• Establishing the frost/freeze event used to model impacts of new permit applications.
• Allowing new groundwater withdrawals to be authorized through several “net benefit” mechanisms. The most common mechanism will likely be retiring an existing permitted groundwater quantity that has had an impact on or within the minimum aquifer level protection zone. The rule allows 80% of that existing freeze protection impact to be re-permitted, with 20% being retired to assist in the recovery of aquifer levels in the area.
• Establishing a freeze protection allocation criterion for a 21-hour frost/freeze event based on University of Florida Institute of Food and Agricultural Sciences (IFAS) research and recommendations. For strawberry, blueberry, and nursery crops, the quantity allocated is based on 6,788 gallons per hour (gph) per acre and the citrus allocation is 3,000 gph per acre. Aquaculture will be based on site specific criteria. There is no limit on the number of freeze events per year.
• Establishing that all permit applicants with frost/freeze protection quantities, including renewals and modifications, must evaluate alternative methods of groundwater such as tailwater recovery ponds and crop covers. Any alternatives that are deemed feasible must be implemented. The District’s Facilitating Agricultural Resource Management Systems (FARMS) program will be offering funding and assistance in this area.
• Requiring automatic meter reading devices for all permits with frost/freeze protection quantities. The District will provide funding for new meters and automatic meter reading equipment as well as the installation for all existing permits that do not already have these devices.
• Implementing a new system for investigating and mitigating well complaints.
• Deletes the language whereby a permittee shall mitigate sinkholes or subsidence caused by reduction in water levels.
Additionally, the amendments to Chapter 40D-2, F.A.C., will incorporate revised and new District water use permit application forms to implement the provisions of the proposed companion amendments to Chapters 40D-2, 40D-8 and 40D-80, F.A.C., be used in the proposed Dover/Plant City WUCA. These forms include: Small General Water Use Permit Application Form No. LEG-R.027.01 (12/10), General Water Use Permit Application Form No. LEG-R.028.01(12/10), Individual Water Use Permit Application Form No. LEG-R.029.01(12/10), Water Use Permit Application Supplemental Form-Agriculture, Form No. LEG-R.030.01(12/10), Application to Renew a Small General Water Use Permit for Agricultural Use, Form No. LEG-R.036.01(12/10), Small General Water Use Permit Application –Agricultural Attachment, Form No. LEG-R.037.01(12/10). New forms are also being incorporated by reference that require Dover/Plant City area applicants, depending on their proposed water use, to submit. These forms include: Dover/Plant City Water Use Caution Area Supplemental Form, Form No. LEG-R.050.00(12/10) and Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area, Form No. LEG-R.051.00 (12/10).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: From January 3-13, for the first time during the period that records have been kept, temperatures in eastern Hillsborough County and western Polk County dropped below 34 degrees for 11 consecutive days. As a result, area farmers pumped large quantities of groundwater to protect their crops. This combined pumping dropped the aquifer level 60 feet, contributed to the more than 140 sinkholes and caused more than 750 neighboring groundwater wells to be damaged or to temporarily go dry. Under Florida Statute and District water use permitting rules this damage is not allowable. Therefore, in response to the 2010 freeze event combined with previous freeze events that also resulted in dry wells and sinkholes in the Dover/Plant City area, the Southwest Florida Water Management District is revising its rules in Chapters 40D-1, 40D-2, 40D-8, and 40D-80, F.A.C., to reduce the potential for impacts from groundwater pumping during future freeze events. The District is establishing a Water Use Caution Area, a Minimum Aquifer Level, a Minimum Aquifer Protection Zone and a Minimum Aquifer Level Recovery Strategy to manage permits authorized to withdraw groundwater for frost/freeze crop protection. The objective of the Recovery Strategy is by January 2020, to reduce groundwater withdrawals for frost/freeze protection by 20% from January 2010 quantities to lessen the potential that drawdown during a future frost/freeze event would lower the aquifer level at District Well DV-1 Suwannee below 10 feet NGVD. The intent is to lessen the likelihood of domestic well failures and sinkhole formation over time in the Dover/Plant City area during freeze events when groundwater is pumped to protect valuable but cold sensitive crops. Permittees and applicants that typically use groundwater for frost/freeze crop protection and most likely affected by the proposed rules are strawberry, citrus, blueberry, nursery and tropical fish farms.
During rule development the District considered many options including: (1) an across the board reduction in water quantities; (2) requiring water use permittees to obtain insurance to cover mitigation costs, and (3) relying on existing rules to deny application for permits on an application by application, case by case basis. However, while the District could require immediate changes or cutbacks by permittees, the District believed that the economic cost to permittees would be too great and opted for a regulatory program that does not reduce quantities on existing permits unless economically feasible alternative means are available and sets a reduction goal of 20 percent over 10 years.
Relying solely on a regulatory approach, such as across the board cuts in frost/freeze quantities or limiting the duration of allowable pumping during frost freeze events could have a significant impact on the agricultural and overall economy of the area. Unlike some other crops that can be insured against natural disasters such as hail, there is no “freeze event” subsidized crop insurance for strawberries, the main crop in the area. Further, such insurance generally requires the grower to make every effort to protect the crop, including pumping groundwater. The grower would be responsible for any losses due to freezes. Therefore, the grower will utilize permitted frost/freeze protection water quantities and/or a financially feasible alternative means to protect the crop.
The regulatory provisions of the recovery strategy are designed primarily to restrict any new impacts from frost/freeze withdrawals on groundwater levels in the Minimum Aquifer Level Protection Zone. This is accomplished by restricting new increases in frost/freeze protection groundwater quantities that affect the Minimum Aquifer Level Protection Zone so that water levels will not be lowered even further during frost//freeze events. To some extent, frost/freeze protection groundwater quantities may be reduced through rule provisions such as “net benefit” when an increase in frost/freeze protection is requested. In that case where one permittee requests an increase in frost/freeze protection groundwater quantities, another permittee can agree that a specified portion of its groundwater withdrawal will be reduced and reserved to protect the aquifer level.
The primary method for reducing existing groundwater withdrawals for frost/freeze protection in and around the Minimum Aquifer Level Protection Zone will be non-regulatory. The focus of this effort is to provide further financial incentives for water users to adopt technologies that reduce groundwater use such as the use of tailwater recovery systems and protection methods other than water such as crop cloths and crop enclosures.
In accordance with statute and District rule, to prevent further water level declines during frost/freeze events, new groundwater quantities for cold protection that impact the Minimum Aquifer Level Protection Zone will not be permitted. Applicants for new frost freeze groundwater quantities may eliminate the impact by relocating withdrawals, developing alternative sources or means of cold protection, or providing a net benefit that offsets the impact of the proposed withdrawals plus a 20% net benefit. Alternative sources or means of cold protection range from $581 to $3,700 per acre farmed per year for row and tree crops and approximately $78 per hundred square feet of pond for fish farms. Per acre costs vary by the type of crop grown and the size of the farm.
Existing permitted groundwater quantities for cold protection that impact the Minimum Aquifer Level Protection Zone will not be affected. However when existing water use permittees apply for renewal of their permits that have cold protection quantities that impact the Minimum Aquifer Protection Zone they will have to incur the cost to investigate the feasibility of alternative cold protection methods (costs addressed above) and implement them if economically, technically and environmentally feasible to reduce existing impacts. As part of the non-regulatory portion of the recovery strategy, the District intends to fund 75% of the equipment costs of alternative cold protection measures that reduce cold protection withdrawals within in the DPCWUCA and 50% to 75% of equipment costs for projects outside the DPCWUCA that reduce impacts on the Minimum Aquifer Level Protection Zone, significantly reducing the costs, which are only incurred after finding that they are feasible, addressed above. Proposed relocation and net benefit provisions are designed to lessen the impact of the proposed rules by allowing the movement and expansion of the affected agricultural industries so long as the relocation does not increase cold protection impacts and the expansion contributes to lessening of such impacts.
To better monitor and model cold protection impacts, the District will provide meters and automatic meter reading devices to existing permittees that do not have them and:
have groundwater cold protection quantities or crops that typically require cold protection quantities in the DPCWUCA, and have 100,000 gpd or more of groundwater permitted in the DPCWUCA.
New permttiees that meet the above conditions will as one of the permit conditions have to purchase, install and maintain the required meters at an annualized cost range of $10 to $103 per acre per withdrawal site. The District will pay the AMR data collection and transmission subscription costs for both existing and new permittees required to meter and use AMR devices.
Current permit conditions in the Dover/Plant City area generally place the burden of well complaint investigation and repair on more recent permittees. Proposed revisions will significantly reduce the likelihood that an individual permittee will have to incur the costs of multiple well mitigation investigations and repairs as often occurred in the 2010 freeze event.
To provide flow meters, AMR devices, AMR data reporting subscriptions and revise well mitigation allocation methods, the District will incur approximately $6.1 million in one-time and $582,000 in recurring annual costs. The proposed revisions are not anticipated to generate rule implementation costs to any other state or local agencies nor are they anticipated to have any effects on state or local revenues.
No small cities or counties are affected by the proposed rules. Only those small businesses that exceed the permitting thresholds in Rule 40D-2.041, F.A.C., and have, would typically use, or request new groundwater quantities for frost/freeze protection in the DPCWUCA, or whose existing or proposed groundwater frost/freeze protection withdrawals outside the DPCWUCA that would impact the Minimum Aquifer Level Protection Zone, will be affected as previously described. As noted above, the District will reduce the cost to existing small businesses that must comply with the rule by providing meters and AMR devices, and covering the costs of AMR data reporting subscriptions so as to minimize costs to small businesses resulting from the regulation designed to allow the small business to continue to operate in compliance with statute and District rule. The District also intends to cost share the alternative frost/freeze protection costs that are deemed economically, technically and environmentally feasible that existing small business permittees may have to incur.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.036, 373.0361, 373.0395, 373.042, 373.0421, 373.0363, 373.079(4)(a), 373.083(5), 373.0831, 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.1963, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.244, 373.250, 403.0877 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 25, 2011, 9:00 a.m.
PLACE: Southwest Florida Water Management District, Tampa Service Office, 7601 US 301, Tampa, FL 33637
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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1-[phone] (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to ADACoordinator@swfwmd. state.fl.us. 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: Pamela Gifford, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone] (4156) (OGC #2010010)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.021 Definitions.

The following definitions shall apply Districtwide when used in this chapter and in the District’s Water Use Permit Information Manual Part B, “Basis of Review” (WUP Basis of Review) incorporated by reference in Rule 40D-2.091, F.A.C., except as specifically limited:

(1) through (2) No change.

(3) “Change in Ownership or Control” with respect to Self-Relocation within the Southern Water Use Caution Area (SWUCA) and the Dover/Plant City WUCA means a person other than the permittee that has been granted a real property interest or lease interest in the property subject to the permit; but does not include a person with a familial relationship to the permittee.

(4) No change.

(5) “Dover/Plant City WUCA” means the Dover/Plant City Water Use Caution Area as described in subsection 40D-2.801(3)(d), F.A.C.

(5) through (6) renumbered (6) through (7) No change.

(8)(7) “Net Benefit” means activities or measures that will result in an improvement to a Minimum Flow or Level water body within the SWUCA or Dover/Plant City WUCA that more than offsets the impact of a proposed withdrawal.

(9)(8) “New Quantities” within the SWUCA means groundwater that is not currently authorized to be withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant. Within the Dover/Plant City WUCA “New Quantities” means groundwater for frost/freeze protection that is not currently authorized to be withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant. This includes applications to modify existing permits to increase quantities, and/or change the Permit Use Type (affecting only the modified portion) and applications for an initial permit, but does not include a full or partial permit transfer. A modification to change crops or plants grown under an Agricultural Permit Use Type Classification or to change withdrawal location or Use Type that is authorized by the terms of the permit or site certification at the time of issuance, is not a change in Permit Use Type provided that the quantities do not increase. In addition, when land is mined and the land will be returned to the Use Type operation authorized under the water use permit (WUP) that existed prior to mining, such activity does not constitute a change in Use Type or New Quantity.

(9) through (13) renumbered (10) through (14) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243, 373.709 FS. History– New 1-1-07, Amended 12-30-08, 4-27-10,_________.

 

40D-2.041 Permits Required.

(1) through (2)(a) No change.

(b) General.

WUPs for the following are issued by District staff as general WUPs, except as provided in Chapter 4, Section 4.3 A.1.a.ii.(4) of the WUP Basis of Review:

1. No change.

2. A combined annual average daily water demand less than 100,000 gpd when:

a. through d. No change.

e. The maximum daily withdrawal quantity equals or exceeds 3,000,000 gpd for crop protection or other use unless at least one 1 permitted withdrawal facility is located within the Dover-Plant City Water Use Caution Area and has frost/freeze protection quantities area, in which case the maximum daily withdrawal quantity equals or exceeds 1,000,000 gpd for crop protection or other use.

(c) No change.

(3) through (4) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.223, 373.224, 373.226 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77, 10-16-78, Formerly 16J-2.04(1), (2), (4), (5), Amended 9-1-84, 11-4-84, 10-1-89, 2-10-93, 4-11-94, 1-1-07, 12-30-08, 5-17-09, 11-2-09,_________.

 

40D-2.091 Publications and Forms Incorporated by Reference.

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:

(a) Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications (also referred to as the WUP Basis of Review) (6-30-10).

(b) No change.

(2) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0361, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.0831, 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.1963, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10,_________.

 

40D-2.101 Content of Application.

(1) through (2) No change.

(a) Individual Water Use Permit.

Application for a new or renewal of an existing Individual Water Use Permit shall be made using the Individual Water Use Permit Application, Form No. LEG-R.029.02 (3/09). Applicants shall also submit one 1 or more of the following Supplemental Forms as appropriate for each type of water use proposed in the permit application:

1. Water Use Permit Application Supplemental Form – Agriculture, Form No. LEG-R.030.010 (12/10)(3/09).

2. through 5. No change.

(b) General Water Use Permit.

Application for a new or renewal of an existing general WUP shall be made using the General Water Use Permit Application Form, No. LEG-R.028.010 (12/10)(3/09). Applicants shall also submit one 1 or more supplemental forms listed in paragraph (2)(a) above as appropriate for each type of water use proposed in the permit application. Applicants seeking an initial,or renewal, or modification of a general WUP for a combined annual average daily water demand of less than 100,000 gallons per day for public supply use may submit the Small General Water Use Permit Application – Public Supply Attachment, Form No. LEG-R.045.00 (12/09), in lieu of the Water Use Permit Application Supplemental Form – Public Supply, Form LEG-R.033.01(09/09).

(c) Small General Water Use Permit.

Application for a new small general WUP shall be made using the Small General Water Use Permit Application Form, No. LEG-R.027. 010 (12/10)(3/09). To renew a small general WUP issued solely for agricultural use, application shall be made using the Application to Renew a Small General Water Use Permit for Agricultural Use Form, No. LEG-R.036. 010 (12/10)(3/09). Application to renew all other small general WUPs shall be made using the Small General Water Use Permit Application Form, No. LEG-R.027. 010 (12/10)(3/09). One or more of the following Attachment Forms for a specific water use shall be submitted with the application form if the application proposes one 1 of the specified water uses:

1. through 4. No change.

(d) No change.

(3) through (6) No change.

(7) Dover/Plant City Water Use Caution Area Application Forms – In addition to the permit application and information forms identified in subsections (1)-(6) above, all applicants for permits in the Dover/Plant City Water Use Caution Area shall submit the “Dover/Plant City Water Use Caution Area Supplemental Form” – Form No. LEG-R.050.00 (12/10) incorporated herein by reference. Applicants in the Dover/Plant City WUCA shall also submit the “Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area” – Form No. LEG-R.051.00, (12/10), incorporated herein by reference, as appropriate for the intended water use as described in Chapters 3, 4 and 7 of the WUP Basis of Review described in Rule 40D-2.091, F.A.C. All application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363, 373.116, 373.117, 373.1175, 373.216, 373.229, 373.236, 403.0877 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, 7-1-09, 8-30-09, 10-26-09, 1-27-10, 4-27-10,_________.

 

40D-2.381 Standard Permit Conditions.

(1) through (2) No change.

(3) Every permit acquired under this Chapter shall include the following standard conditions which impose certain limitations on the permitted water withdrawal:

(a) through (l) No change.

(m) The Permittee shall mitigate any adverse impact to environmental features or offsite land uses as a result of withdrawals. When adverse impacts occur or are imminent, the District shall require the Permittee to mitigate the impacts. Examples of adverse Adverse impacts include the following:

1. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams, or other watercourses.

2. Sinkholes or subsidence caused by reduction in water levels.

2.3. Damage to crops and other vegetation causing financial harm to the owner.; and

3.4. Damage to the habitat of endangered or threatened species.

(n) through (r) No change.

(4) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.223, 373.244 FS. History–New 6-7-78, Amended 9-9-80, 10-21-80, Formerly 16J-2.112, Amended 10-1-89, 2-10-93, 5-2-93, 4-14-02, 1-1-03, 10-19-05, 7-20-08, 11-2-09,_________.

 

40D-2.801 Water Use Caution Areas.

(1) through (2) No change.

(3) (a) through (c) No change.

(d) Dover/Plant City Water Use Caution Area. To address adverse impacts to water users and offsite land uses due to groundwater withdrawals during frost/freeze events, the Governing Board has established portions of Hillsborough and Polk Counties as a WUCA effective as of [effective date of rule].

1. As shown in Figure 2-3, the boundary for the Dover/Plant City WUCA is as follows:

The portions of Hillsborough and Polk Counties within the following sections (all Townships are South; all Ranges are East):

Township 27, Range 20: Sections 25, 26, 35 and 36;

Township 27, Range 21: Sections 25 through 36;

Township 27, Range 22: Sections 25 through 36;

Township 27, Range 23: Sections 29 through 32;

Township 28, Range 20: Sections 1, 2, 11 through 14, 23 through 26, 35 and 36;

Township 28, Range 21: All Sections;

Township 28, Range 22: All Sections;

Township 28, Range 23: Sections 5 through 8, 17 through 20, and 29 through 32;

Township 29, Range 20: Sections 1, 2, 11 through 14, 23 through 26, 35 and 36;

Township 29, Range 21: All Sections;

Township 29, Range 22: All Sections;

Township 29, Range 23: Sections 5 through 8, 17 through 20, and 29 through 32;

Township 30, Range 20: Sections 1, 2, 11 and 12;

Township 30, Range 21: Sections 1 through 12;

Township 30, Range 22: Sections 1 through 12;

Township 30, Range 23: Sections 5 through 8.

2. Regulations applicable to this WUCA are specified in this chapter and in Section 7.4 of the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., and are in addition to all other regulations set forth in Chapter 40D-2, F.A.C., and the WUP Basis of Review and Part D of the Water Use Permit Information Manual.

3. The permitting criteria and conditions set forth in Chapter 40D-2, F.A.C., WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C., subsection 40D-8.626(3), F.A.C., and Rule 40D-80.075, F.A.C., shall apply, as specified therein, to the following existing, new, renewal and modification applications for:

a. Frost/freeze quantities to be withdrawn from groundwater when at least one withdrawal point is within the Dover/Plant City WUCA.

b. Quantities of 100,000 gpd annual average or greater from groundwater when at least one withdrawal point is within the Dover/Plant City WUCA.

c. A permit with at least one withdrawal point within the Dover/Plant City WUCA for groundwater quantities to provide frost/freeze quantities authorized to be used or withdrawn from any combination of sources that if withdrawn from groundwater alone would have the potential to impact the Minimum Aquifer Level Protection Zone established for the Dover/Plant City WUCA.

d. A permit with at least one withdrawal point within the Dover/Plant City WUCA for groundwater quantities to provide supplemental irrigation for a use that typically requires frost/freeze protection and where such protection could be achieved through groundwater withdrawals but alternative protection methods are proposed.

4. Any permit with a withdrawal point located within the boundaries of the Dover/Plant City WUCA is deemed to be within the Dover/Plant City WUCA. Permits with permitted withdrawals in more than one WUCA shall be subject to the conservation and reporting requirements, if any, of the WUCA within which the majority of permitted quantities are withdrawn, or projected to be withdrawn, in addition to all other rule criteria, including MFL requirements, as set forth in Chapter 40D-2, F.A.C., and the WUP Basis of Review, incorporated by reference in Rule 40D-2.091, F.A.C. However, the Dover/Plant City WUCA provisions shall supersede any other rule criteria that creates conflicting or more stringent requirements. Nothing in the rules and WUP Basis of Review specific to the Dover/Plant City WUCA shall be interpreted or applied in any manner that would interfere with the Comprehensive Plan for the Northern Tampa Bay Area as outlined in Rule 40D-80.073, F.A.C.

5. All water use permits with withdrawal points within the Dover/Plant City WUCA are hereby modified to conform with the provisions of paragraph 40D‑2.801(3)(d), F.A.C., except as provided in subparagraph 40D-2.801(3)(d)4., above, and the applicable Dover/Plant City WUCA criteria specified in the WUP Basis of Review, incorporated in Rule 40D‑2.091, F.A.C., are incorporated into all such WUPs.

6. The Dover/Plant City WUCA is a water resource caution area for purposes of Chapter 403, F.S., and Chapter 62-40, F.A.C.

 

Figure 2-3 Dover/Plant City Water Use Caution Area

 

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0395, 373.042, 373.0421, 373.171, 373.216, 373.219, 373.223 FS. History–Readopted 10 5 74, Formerly 16J-3.30, Amended 10-1-89, 11-15-90, 3-1-91, 7-29-93, 1-1-03, 1-1-07, 10-1-07, 2-13-08, 4-7-08, 5-26-10,_________.

 

Water Use Permit Information

Part B

WUP Basis of Review

 

Within Chapter 1.0 of the WUP Basis of Review Section 1.4.2 is added and Section 1.9.9 is revised as follows:

1.4.2 Dover/Plant City Water Use Caution Area APPLICATION FORMS.

All permit applicants in the Dover/Plant City Water Use Caution Area (Dover/Plant City WUCA) shall submit the “Dover/Plant City Water Use Caution Area Supplemental Form” –Form No. LEG-R.050.00 (12/10) incorporated herein by reference in subsection 40D-2.101(7), F.A.C., in addition to the appropriate application and supplemental form(s) described in Section 1.4, above. Applicants in the Dover/Plant City WUCA shall also submit the “Net Benefit Supplemental Form Dover/Plant City Water Use Caution Area” – Form No. LEG-R.051.00, (12/10), incorporated herein by reference, as appropriate for the intended water use as described in Chapters 3, 4 and 7 of the WUP Basis of Review described in Rule 40D-2.091, F.A.C. All application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices.

New _______.

1.9.9 DURATION OF PERMITS UTILIZING ALTERNATIVE WATER SUPPLIES WITHIN THE SWUCA OR THE DOVER/PLANT CITY WUCA.

Permits for the development of Alternative Water Supplies (AWS) that require a water use permit in the SWUCA or the Dover/Plant City WUCA shall be separately issued from other water use permits that the applicant may receive for non-AWS. Subject to Section 373.236, F.S., where required and issued, a permit for the development of AWS shall have a duration of 20 years, if requested by the applicant for a new, extended or renewal permit and provided that the water use is intended to be in place for that duration. A longer duration may be granted provided that the conditions of Section 373.236(5)(4), F.S., are met.

1-1-03, Revised 1-1-07, ______.

Within Section 3.1 of Chapter 3.0 of the WUP Basis of Review the following provisions are revised:

3.1 DETERMINING REASONABLE QUANTITIES. – APPLICANT CONSIDERATIONS.

REASONABLE DEMAND.

Proper accounting for each proposed water use is essential to establish that the use is reasonable, beneficial, and in the public interest. In addition, proper accounting of the various water uses enables the District to better estimate water use and to implement water shortage plans. Sections 3.3 through 3.7 identify the components of demand that must be identified for Applicants for each water use type. Demand information may be estimated from historical data, comparable uses, and acceptable forecasting techniques.

The reasonable water needs of all applicants for initial permits, renewals, and those for New Quantities and Self-Relocation within the SWUCA or the Dover/Plant City WUCA for frost/freeze protection will be closely evaluated by the District. For all renewals and for Self-Relocations in the SWUCA or the Dover/Plant City WUCA for frost/freeze protection, 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 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.

New 1-1-07, Revised 4-27-10, ________.

PERMITS WITH ALTERNATIVE WATER SUPPLIES IN THE SWUCA OR DOVER/PLANT CITY WUCA .

New Permits.

If an application includes the use of AWS to supply all or a portion of the requested demand, and the applicant demonstrates that, through no fault of the applicant, the AWS 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 AWS. This standby quantity is to be used only when the AWS 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.

New 1-1-07, _________.

Loss of Alternative Water Supplies.

Where a permittee is to use an Alternative Water Supply in lieu of a non-Alternative Water Supply and the Alternative Water Supply becomes temporarily (exceeding 30 days) insufficient or unsuitable, the permittee shall notify the District in writing within 15 days of the event. Such notification shall be submitted monthly for each subsequent 30 days, for up to one year from the date of first loss, while the supply of AWS remains insufficient or unsuitable for the authorized use. During this time, the withdrawal of standby quantities is allowed to meet the authorized use up to the maximum amount of the permitted standby quantities. If the loss of the AWS exceeds one year, the District shall issue a Letter of Modification, subject to all requirements of subsection 40D-2.331(2), F.A.C., to modify the non-AWS quantities that may be withdrawn. If the standby permit is for a withdrawal within the SWUCA or the Dover/Plant City WUCA, a Letter of Modification shall be issued to modify the quantities that may be withdrawn even if the quantities to be withdrawn exceed the quantity thresholds included in subsection 40D-2.331(2), F.A.C.

New 1-1-07, _________.

Within Section 3.3 of Chapter 3.0 of the WUP Basis of Review the following provisions are revised:

3.3 AGRICULTURE.

Frost/Freeze Protection.

Frost/freeze protection quantities may be identified based on the number of acres to be protected, the crop grown, the type of irrigation system used, and the hours of pumpage required. If the number of hours is not known, the maximum daily quantity will be based on the best available data for frost/freeze recurrence and duration. Alternate calculations will be considered, but they must be thoroughly documented.

Frost/freeze protection quantities will be determined as set forth in Section 7.4 of the WUP Basis of Review incorporated in Rule 40D-2.091, F.A.C., for permits within the Dover/Plant City WUCA and for any permit with frost/freeze quantities authorized to be used or withdrawn from any combination of sources that if withdrawn from groundwater alone would have the potential to impact the Minimum Aquifer Level Protection Zone established for the Dover/Plant City WUCA.

Revised _______

 

Within Section 4.3 of Chapter 4.0 of the WUP Basis of Review the following changes are made:

4.3 MINIMUM FLOWS AND LEVELS.

A. through B. No change.

C. Withdrawals That Affect the Minimum Aquifer Level Established within Dover/Plant City Water Use Caution Area

A Minimum Aquifer Level has been established in subsection 40D-8.626(3), F.A.C., for Well DV-1 that is located within the Dover/Plant City WUCA, as shown in Figure 7.4-2 in the WUP Basis of Review, described in Rule 40D-2.091, F.A.C. The Minimum Aquifer Level is affected by local and regional groundwater withdrawals. In order to compensate for the variable hydrogeologic factors within the region, a Minimum Aquifer Level Protection Zone is established based on the 30 ft. drawdown contour for the January 2010 frost/ freeze event as shown in Figure 7.4-3. In establishing the Minimum Aquifer Level, the District has determined that the actual water level is below the Minimum Aquifer Level. As required by law, the District is expeditiously implementing a Recovery Strategy for the Minimum Aquifer Level. The Dover/Plant City WUCA provisions of the WUP Basis of Review incorporated by reference in Rule 40D-2.091, F.A.C., and Chapters 40D-2, 40D-8 and 40D-80, F.A.C., set forth the regulatory portion of the recovery strategy for the Minimum Aquifer Level. Compliance with the Minimum Aquifer Level and the Minimum Aquifer Protection Zone by applicants with withdrawals for frost/freeze protection within or proposed to be within the Dover/Plant City WUCA and all other applicants for withdrawals for frost/freeze protection that have the potential to impact the Minimum Aquifer Level and the Minimum Aquifer Protection Zone will be addressed as specified in Section 7.4 of the WUP Basis of Review. Compliance with Section 7.4 does not, by itself, satisfy the requirements of Chapter 40D-2, F.A.C., for applications submitted on or after [effective date of rule].

D.C. For areas not subject to 4.3 A., or B. or C. above, water withdrawals must not cause:

1. Lake levels to be reduced below the applicable Minimum Level established in Chapter 40D-8, F.A.C.

2. Streamflow to be reduced below the Minimum Flow as established in Chapter 40D-8, F.A.C.

3. Potentiometric surface or water-table levels to be reduced below the Minimum Level established in Chapter 40D-8, F.A.C.

History Note: 4.3 Revised 8-3-00; 4.3A. New 8-3-00; 4.3B, Revised 8-3-00, 1-1-07, ______.

Within Section 5.1 of Chapter 5.0 of the WUP Basis of Review the following provisions are revised:

5.1 WITHDRAWAL QUANTITY.

Metering.

Metering requirements will be as set forth in Section 7.4 of the WUP Basis of Review incorporated in Rule 40D-2.091, F.A.C., for any permit issued for frost/freeze quantities or permitted for 100,000 gpd annual average or greater within the Dover/Plant City WUCA or any permit with frost/freeze quantities authorized to be used or withdrawn from any combination of sources that if withdrawn from groundwater alone would have the potential to impact the Minimum Aquifer Level Protection Zone established for the Dover/Plant City WUCA. All other Individual and general water use permittees will be required to meter the quantity of water withdrawn from any source in accordance with the guidelines described in this section. Metering of actual pumpage provides a means to develop historical records in order to accurately project future reasonable demand, assess impacts to the resource and existing water and land uses, and ensure that quantities withdrawn do not exceed permitted pumpage. Monitoring methods must maintain plus or minus 5% accuracy, and must be approved by the District. Permittees shall use direct flow measuring devices unless the District determines direct methods are inappropriate for the particular water use system.

Permittees shall meter withdrawal quantities from each withdrawal point and provide meter readings to the District at a frequency to be prescribed by permit conditions when:

1. Issued an Individual Water Use Permit.

2. Issued a general water use permit for public supply use.

3. Issued a general water use permit and one or more of the withdrawal points is located within the SWUCA or NTBWUCA;

4. The District determines that there is a potential for harm to the resource or potential for adverse impacts to existing users.

5. In accordance with Section 7.4, Dover/Plant City WUCA, of the WUP Basis of Review described in 40D-2.091, F.A.C. Where automatic reading devices are installed and withdrawal data is provided to the district via this device as specified in the WUP Basis of Review Section 7.4 4., the permittee shall no longer be required to independently submit withdrawal quantities except in the case of device failure.

Revised 4-27-10, __________.

The cost of operation and maintenance of all meters and reporting of data shall be the responsibility of the permittee.

Revised 4-27-10.

Monitored permittees shall, upon request of the District, provide the District an opportunity to perform measurements of flow during system operation. The District will ensure that the measurements are made in a manner that does not interfere with the permittee’s water use activities.

Ordinarily, withdrawal quantities shall be totalized on a monthly basis and reported to the District by the tenth day of the following month. However, for intense uses such as frost/freeze protection, or for stream withdrawals, a permittee may be required to totalize pumpage on a daily basis from each withdrawal point and report the daily withdrawal quantities to the District within two weeks on a monthly basis.

Revised 12-30-08, ____________.

Metering of Alternative Water Supplies.

New and renewal permittees shall meter alternative supplies of water received by the permittee if the Annual Average quantity (Drought Annual Average quantity for irrigation permits) that would be permitted without the AWS would be 100,000 gpd or more. Meters shall meet the requirements of the first unnumbered paragraph of this Section 5.1, unless alternative methods or mechanisms are approved by the District. Reporting requirements are as specified in the fifth unnumbered paragraph of this Section 5.1. Receipt and use of AWS, including tailwater recovery or rainfall capture systems, metering, and reporting requirements will be as set forth in Section 7.4 of the WUP Basis of Review incorporated in Rule 40D-2.091, F.A.C., for any permit with frost/freeze quantities within the Dover/Plant City WUCA or any permit with frost/freeze quantities authorized to be used or withdrawn from any combination of sources that if withdrawn from groundwater alone would have the potential to impact the Minimum Aquifer Level Protection Zone established for the Dover/Plant City WUCA,

1-1-03, Revised 1-1-07, 4-27-10, __________.

Within Chapter 6.0 of the WUP Basis of Review the following provisions are revised:

6.1 STANDARD PERMIT CONDITIONS.

The following conditions are placed on all Water Use Permits:

1. through 12. No change.

13. The permittee shall mitigate to the satisfaction of the District any adverse impact to environmental features or off-site land uses as a result of withdrawals. When adverse impacts occur or are imminent, the District shall require the permittee to mitigate the impacts. Examples of Adverse adverse impacts include the following:

a. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams, or other watercourses.

b. Sinkholes or subsidence caused by reduction in water levels.

b.c. Damage to crops and other vegetation causing financial harm to the owner.

c.d. Damage to the habitat of endangered or threatened species.

14. through 19. No change.

No. 19. New 1-1-03, Revised 1-1-07, 7-20-08, no. 13 revised _________

6.2 SPECIAL PERMIT CONDITIONS

REPORTING REQUIREMENTS AND PROCEDURES.

1. through 5. No change.

PUMPAGE REPORTING.

6. Flow Meters.

Condition: No change.

Discussion: Only the set of paragraphs numbered 1.-7. above shall be applied to permits within the Dover/Plant City WUCA as described in Section 7.4 of the WUP Basis of Review.

New _________

6.6 ALTERNATIVE WATER SUPPLIES.

The following conditions shall be applied to permits for 100,000 gpd or greater standard annual average daily water demand, as applicable.

1. Metering Alternative Water Supplies.

Condition: No change.

1-1-03, Revised 1-1-07.

2. Modification to Incorporate Alternative Water Supplies.

No change.

Discussion: Put on all permits that include AWS. Only the set of paragraphs numbered 1.-7. above shall be applied to permits within the Dover/Plant City WUCA as described in Section 7.4 of the WUP Basis of Review.

1-1-03, Revised 1-1-07, ___________.

The following section is added to Chapter 7.0, Water Use Caution Areas, of the WUP Basis of Review:

7.4 DOVER/PLANT CITY WATER USE CAUTION AREA

The Governing Board has declared a portion of Hillsborough and Polk counties the Dover/Plant City Water Use Caution Area (Dover/Plant City WUCA) effective as of [effective date of rule]. The area designated is shown in Figure 7.4-1; the legal description is set forth in paragraph 40D-2.801(3)(d), F.A.C. As more particularly described in paragraph 40D-2.801(3)(d), F.A.C., as of [effective date of rule], all existing water use permits within the WUCA are modified to incorporate the applicable measures and conditions described below. Valid permits, legally in effect as of [effective date of rule], are hereafter referred to as existing permits. Additional or alternative permitting criteria and permit conditions are applicable to those new, renewal, or modified permits specified in paragraph 40D-2.801(3)(d), F.A.C. The Dover/Plant City WUCA is declared a water resource caution area pursuant to Chapter 62-40, F.A.C.

Portions of the area within the Dover/Plant City WUCA are also included within the Northern Tampa Bay WUCA and Southern Water Use Caution Areas, and rules pertaining to those areas remain in force within those areas. This section of the WUP Basis of Review for the Dover/Plant City WUCA is intended to supplement the provisions in other sections of the WUP Basis of Review and are not intended to supersede or replace them, except as specified in the WUP Basis of Review, including this section 7.4, or in paragraph 40D-2.801(3)(a), F.A.C. If there is a conflict between requirements, the more restrictive provision shall prevail.

1. WITHDRAWALS THAT AFFECT THE DOVER/PLANT CITY WUCA MINIMUM AQUIFER LEVEL PROTECTION ZONE.

GENERAL.

A Minimum Aquifer Level has been established for District Well DV-1 Suwannee in subsection 40D-8.626(3), F.A.C., the location of which is depicted on Figure 7.4-1. In order to address the effects of local and regional groundwater withdrawals and the variable hydrogeologic factors within the region, a Minimum Aquifer Level Protection Zone is defined as the area within the boundary of the 30 ft. drawdown contour for the January 2010 frost/freeze event (See Figure 7.4-1.). In establishing the Minimum Aquifer Level, the District has determined that the actual water level is below the Minimum Aquifer Level when certain pumping and climatic conditions occur. As required by law, the District is expeditiously implementing a Recovery Strategy for the Minimum Aquifer Level. The Dover/Plant City WUCA provisions of the WUP Basis of Review for Water Use Permit Applications, and Chapters 40D-2, 40D-8 and 40D-80, F.A.C., set forth the regulatory portion of the recovery strategy for the Minimum Aquifer Level. Compliance with this Section does not, by itself, satisfy the requirements of Chapter 40D-2, F.A.C., for applications submitted on or after [effective date of rule].

1.1 Existing Permits – Applications for the renewal or modification of a permit with no proposed increase in permitted frost/freeze protection quantities or change in Use Type associated with frost/freeze protection will be evaluated to determine compliance with the conditions for issuance of a permit set forth in Rule 40D-2.301, F.A.C., and the WUP Basis of Review, described in Rule 40D-2.091, F.A.C., in its entirety. When evaluating the reasonable-beneficial use of the water, emphasis will be given to reasonable water need, water conservation, use of alternative water supplies, and use of alternative frost/freeze protection methods. However, the existing impacts of permitted quantities on the Minimum Aquifer Level Protection Zone, or the Minimum Aquifer Level, will not be a basis for permit denial because the Dover/Plant City WUCA Recovery Strategy taken as a whole is intended to achieve recovery to the established minimum level as soon as practicable. Existing groundwater withdrawal impacts for frost/freeze crop protection shall be evaluated at renewal or modification based on a frost/freeze design event of 21 hours of irrigation, followed consecutively by 6 hours of non-irrigation, 13 hours of irrigation, 11 hours of non-irrigation and by 14 hours of irrigation.

New_____.

1.2 Self-Relocation – A permittee with existing permitted impacts on the Minimum Aquifer Level Protection Zone as of [effective date of the rule] may modify its permit to relocate to a different property all or a portion of the used and unused reasonable-beneficial permitted quantity. When relocated, the withdrawal of the quantities cannot increase impacts to the Minimum Aquifer Level Protection Zone and must meet all other applicable permitting criteria included in Chapter 40D-2, F.A.C., and this WUP Basis of Review. A Self-Relocation cannot include any change in ownership, control, Use Type or increase in quantities. Crop rotation, by planting and irrigating non-contiguous properties within the same locale in a structured, revolving fashion, is allowed under a single permit and is not considered Self-Relocation.

New_______.

1.3 Transfer – A permit may be transferred to another person or entity provided there is no change in permitted water use activities.

New _____.

1.4 Applications For New Quantities – For applications including New Quantities for frost/freeze withdrawals located within the Dover/Plant City WUCA and applications for permits for frost/freeze withdrawals outside the Dover/Plant City WUCA but with the potential to impact the Minimum Aquifer Level Protection Zone, the District will evaluate the applications to determine impacts to the Minimum Aquifer Level Protection Zone, and all other Chapter 40D-2, F.A.C., rule criteria. The proposed use shall only be permitted if the proposed ground water withdrawals do not impact the Minimum Aquifer Level Protection Zone. Metering of wells and any alternative sources shall be required as provided below to assure that the alternatives are used when alternative frost/freeze methods are proposed for protection.

New _____.

1. “New Quantities” means groundwater for frost/freeze protection that is not currently authorized to be withdrawn by the applicant or not currently authorized to be used for the intended use by the applicant. This includes applications to modify existing permits to increase quantities, and/or change the Permit Use Type (affecting only the modified portion) and applications for an initial permit, but does not include a full or partial permit transfer. A modification to change crops or plants grown under an Agricultural Permit Use Type Classification or to change withdrawal location or Use Type that is authorized by the terms of the permit or site certification at the time of issuance, is not a change in Permit Use Type provided that the quantities do not increase. In addition, when land is mined and the land will be returned to the Use Type operation authorized under the water use permit (WUP) that existed prior to mining, such activity does not constitute a change in Use Type or New Quantities.

2. Groundwater Withdrawal Impacts and Analysis For Frost/Freeze Withdrawals – All applications for New Quantities, and applications located outside the Dover/Plant City WUCA whose requested withdrawals have the potential to impact the Minimum Aquifer Level Protection Zone, will be evaluated to determine whether the proposed withdrawal for frost/freeze will impact the Dover/Plant City WUCA Minimum Aquifer Level Protection Zone. However, the applicant has the option to reduce or redistribute the withdrawals to eliminate any impacts so that the withdrawal can be permitted. In addition to the other requirements of subsection 40D-2.301(1), F.A.C., and WUP Basis of Review, the following requirements apply to New Quantities and applications located outside the Dover/Plant City WUCA whose requested withdrawals for frost/freeze protection have the potential to impact the Minimum Aquifer Level Protection Zone:

Frost/Freeze Protection –Applications for New Quantities for frost/freeze protection shall be evaluated based on a frost/freeze design event of 21 hours of irrigation, followed consecutively by 6 hours of non-irrigation, 13 hours of irrigation, 11 hours of non-irrigation and by 14 hours of irrigation. For New Quantities, the resulting drawdown shall not exceed 0.0 ft. within or at the boundary of the Minimum Aquifer Protection Zone, in addition to meeting the requirements of subsection 40D-2.301(1), F.A.C., and the WUP Basis of Review. Existing permitted groundwater withdrawals for frost/freeze protection within the Dover/Plant City WUCA are addressed below in sections titled “Investigation of Frost/Freeze Withdrawal-Related Well Complaints” and the permit conditions for mitigation of impacts to existing legal uses.

New _____.

1.5 Net Benefit – In the case where an applicant for New Quantities and applications located outside the Dover/Plant City WUCA whose requested withdrawals are constrained by impacts to the Minimum Aquifer Level Protection Zone, the applicant may choose to provide reasonable assurance by implementation of one or more of the Net Benefit options listed below in order to mitigate the predicted impacts. In order to provide a Net Benefit, the measures proposed by the applicant must offset the predicted negative impact of the proposed withdrawal and also provide an additional positive effect within or at the boundary of the Minimum Aquifer Level Protection Zone equal to or exceeding 20% of the predicted negative impact. For example, if the predicted drawdown is 1.0 ft., the mitigation must offset the 1.0 ft. drawdown and provide another 0.2 ft. (i.e., 20% of 1.0 ft.) of positive effect so that the result is a net improvement of 0.2 ft. There are two forms of Net Benefit, including Mitigation plus Recovery (includes Land Use Transitions), and Groundwater Replacement Credits, as described below.

A. Mitigation plus Recovery – This Net Benefit provision consists of retiring from use the historically used groundwater quantity associated with one or more permits that impacts the Minimum Aquifer Level Protection Zone. Mitigation plus recovery must either precede or be coincident with any new permitted withdrawals. Historically used quantities are those permitted quantities that the District determines have been deemed reasonable-beneficial and were withdrawn and used by a permittee. These quantities are determined based on documentation previously submitted by a permittee and other methods available to the District to verify the quantities being retired. The types of documentation submitted by permittees include seasonal/annual crop reports, metered data, and other information. Other methods of verification include aerial photography, receipts for supplies, equipment, and services, property appraiser records and other methods. For small permits below thresholds for crop reporting and metering, aerial photography and other methods will be used to determine quantities.

1. Land Use Transitions.

(a) Where historically used groundwater quantity associated with one or more permits that impact the Minimum Aquifer Level Protection Zone is permanently retired, 80% of the quantity associated with the impact of the retired quantity is available to be applied as a Net Benefit.

(b) Where an existing permittee replaces groundwater that was historically used for frost/freeze protection with water from tailwater recovery systems or other alternative frost/freeze protection methods, 35% of the groundwater quantity shall remain in the permit for use as tailwater pond makeup supply or emergency standby use. The amount available for use as a Net Benefit will be 80% of the remaining 65% of the historically used groundwater quantity.

(c) Where the historically used groundwater quantities are used to provide a Net Benefit for another permittee but the donor permittee wishes to maintain a standby permit, the donor permittee’s standby quantity shall be 80% of this quantity, allowing 80% of the remaining 20% to be available as a Net Benefit.

2. Recharging the aquifer and withdrawing water such that there remains a net positive impact on the Floridan aquifer potentiometric surface at least 20% greater than the impact of the proposed withdrawal.

3. Undertaking other actions to offset the proposed impact of the withdrawal plus 20% recovery.

B. Groundwater Replacement Credit.

To reduce groundwater withdrawals, a Groundwater Replacement Credit can be obtained as an incentive to permittees to offset groundwater withdrawals with alternative water supplies (AWS). The holder of a Groundwater Replacement Credit can use the Credit to provide a Net Benefit where required. The process to obtain a Groundwater Replacement Credit is as follows:

(a) A Groundwater Replacement Credit is created when a person or entity (Supplier) provides a quantity of water from an alternative water supply to offset an existing permit holder’s (Receiver’s) groundwater withdrawals when those withdrawals impact the Minimum Aquifer Level Protection Zone. A Groundwater Replacement Credit will be available to either the Supplier or the Receiver, or both, at their mutually determined option.

(b) A Groundwater Replacement Credit will be issued for an amount equal to 80 percent of the reasonable-beneficial quantity that has been historically used.

(c) The Supplier and Receiver shall apply to the District for the credit and indicate to the District which entity should obtain the credit quantity, or whether the credit quantity will be divided between them.

(d) The District will set aside the groundwater quantities that are discontinued as a result of the offset by AWS in a standby permit that will be issued to the Receiver to allow withdrawal of all or a portion of such quantities in the event that the alternative water supply is interrupted, discontinued, becomes unsuitable or is decreased.

(e) The Groundwater Replacement Credit will exist for only so long as the Receiver maintains its use of the AWS, unless all groundwater use at the Receiver site ceases, in which case the Credit shall remain in effect and available to the holder of the Credit. The Credit will also remain available if the Receiver transfers the standby permit to a new owner at the same site who continues the same water use with the AWS.

(f) The only withdrawals that may be considered for a Groundwater Replacement Credit are those that meet the permitting criteria of Chapter 40D-2, F.A.C., and this WUP Basis of Review for Water Use Permit Applications.

(g) Reclaimed water suppliers shall not be eligible for a Groundwater Replacement Credit when reclaimed water is directed from existing reclaimed water users to other reclaimed water users and such redirection causes an existing reclaimed water user to reinstate permitted standby ground water withdrawals. In such a case the credit shall be applicable if the reclaimed water provider can demonstrate that the cumulative effect of such redirection will achieve more recovery of the Minimum Aquifer Level than would otherwise occur absent of the redirection.

New_______.

2. FROST/FREEZE PROTECTION

2.1 Crop Frost/Freeze Protection – Maximum Daily allocations for frost/freeze protection shall be allocated based on a 21 hour event. Quantity allocations shall be as follows:

(a) Blueberries, Nursery, and Strawberries shall be based on 6,788 gallons per hour per acre.

(b) Citrus shall be based on 3,000 gallons per hour per acre.

2.2 Aquaculture Frost/Freeze Protection – Maximum Daily allocation for frost/freeze protection for aquaculture shall be based on the type of fish and the volume of water replaced in the applicant’s vats, ponds and tanks.

New _____.

3. ALTERNATIVE FROST/FREEZE PROTECTION

3.1. All applicants for permits for 100,000 gpd annual average daily quantities and greater that include an activity that typically uses frost/freeze protection and that have or propose to have a groundwater withdrawal with the potential to impact the Minimum Aquifer Level Protection Zone, shall investigate the technical, economic and environmental feasibility of using alternatives to groundwater for frost/freeze crop protection. If it is determined that alternatives to groundwater are not feasible, applications for New Quantities that impact the Minimum Aquifer level Protection Zone will not be permitted without a Net Benefit. However, in evaluating renewal applications for permits in effect as of [effective date of rule], a determination that alternatives to groundwater are not feasible shall not be a basis for denial of the renewal application.

3.2. Examples of alternatives to using groundwater to provide frost/freeze protection are tailwater recovery systems, stormwater systems, tunnels, covers, foam and heaters. Alternative methods can also include methods supported by documentation from the Institute of Food and Agricultural Sciences at the University of Florida. The evaluation required in subsection 3.1 shall determine whether alternatives are available to use in lieu of groundwater for all or part of frost/freeze crop protection including investigation of participation in the FARMS program set forth in Chapter 40D-26, F.A.C. Infeasibility shall be supported with a detailed explanation, including a description of the investigation of participation in the FARMS program. Use of alternatives to groundwater for frost/freeze protection shall be required where technically, economically, and environmentally feasible.

New _____.

4. WITHDRAWAL MONITORING AND REPORTING

4.1 Metering

In addition to the flow meters required by Section 5.1 of the WUP Basis of Review, new and existing permittees shall meter withdrawal quantities from each withdrawal point, including backup and standby withdrawal points, and provide meter readings as set forth below when:

1. Issued a permit with frost/freeze quantities to be withdrawn from groundwater within the Dover/Plant City WUCA.

2. Issued a permit for 100,000 gpd annual average or greater from groundwater within the Dover/Plant City WUCA.

3. Issued a permit within the Dover/Plant City WUCA for groundwater quantities to provide frost/freeze quantities authorized to be used or withdrawn from any combination of sources that if withdrawn from groundwater alone would have the potential to impact the Minimum Aquifer Level Protection Zone established for the Dover/Plant City WUCA.

4. Issued a permit within the Dover/Plant City WUCA for groundwater quantities to provide supplemental irrigation for a use that typically requires frost/freeze protection and where such protection could be achieved through groundwater withdrawals but alternative protection methods are proposed.

New_______

4.2 Permit Conditions

1. Metering – when required to meter pursuant to 4.1 above, permits include, and new permits shall include, the following conditions as applicable:

(a) All withdrawal points, including backup and standby withdrawal points, shall be metered. All alternative water supply (AWS) quantities received, self-generated and used from each alternative water supply inflow line (line coming onto the property from an off-site source), any imported water source, each on-site stormwater catchment facility, each tailwater recovery or rainfall pond system, and each AWS re-pump surface water withdrawal point from any storage facility (the above sources collectively hereinafter referred to as “AWS Points”) shall also be metered. Withdrawals or AWS Points that are required to be metered shall be metered within 90 days after construction of the withdrawal facility or AWS Point is completed.

(b) The following condition is added to permits existing as of [effective date of rule], and permits issued pursuant to an application submitted prior to [effective date of rule], that are located within the Dover/Plant City WUCA and required to be metered pursuant to 4.1 above:

The District will provide for flow meters and their installation on operational withdrawal points, inflow lines, catchment facility, tailwater recovery or rainfall capture pond and storage facility in existence prior to [effective date of rule] that are not equipped with and not required by District rule as of [effective date of rule] to have an inline, non-resettable, totalizing flow meter that, when installed, provides plus or minus 5% accuracy and an output for an automatic meter reading device. The permittee shall coordinate with the District’s program for the provision of meters upon notification from the District of the month(s) and year window scheduled for the permittee’s meter(s) installation. The permittee shall own any meter provided by the District. The permittee at its expense shall equip any existing withdrawal point that is capped, plugged or dismantled if it is reactivated after [effective date of rule].

(c) The cost of operation and maintenance and replacement of all meters shall be the responsibility of the permittee.

(e) Upon request of the District, permittees required to meter withdrawals shall provide the District an opportunity to perform measurements of flow during system operation.

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2. Automatic Meter Reading Devices – Add the following conditions to existing and future permits required to be metered pursuant to paragraphs 1., 3. or 4. of subsection 4.1 above:

(a) All flow meters shall be equipped to automatically collect meter readings, ambient or wet bulb temperature, system pressure, pond levels and other system indicators of the time withdrawals started and stopped and temperatures. The system shall have the ability to collect hourly and transmit to the District or the District’s designated representative on a frequency not less than daily and maintained in a time series format that identifies the collection site by District site ID, date and values for each reading. Data shall be transferred automatically to the District’s designated electronic data collection site, in a fixed file format as specified by the District.

(b) The District will provide and install automatic meter reading devices on each flow meter on each operational withdrawal point, and AWS point that is not already so equipped. The District shall include these devices in the District’s data collection and reporting service subscription at no cost to the permittee. When automatic meter reading devices are required the permittee shall coordinate with the District’s program for the provision of an automatic meter reading device upon notification from the District of the month(s) and year window scheduled for the permittee’s automatic meter reading device(s) installation. The maintenance, repair, and replacement of all automatic meter reading devices shall be the responsibility of the District.

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5. INVESTIGATION OF FROST/FREEZE WITHDRAWAL- RELATED WELL COMPLAINTS BY PERMITTEES WITHIN THE DOVER/PLANT CITY WUCA

5.1 Assignment of Responsibility – Frost/Freeze Impacts

The responsibility of existing and new permittees with a withdrawal point within the Dover/Plant City WUCA to investigate and resolve frost/freeze withdrawal-related well complaints shall be determined as follows:

1. Floridan Aquifer Drawdown Contribution – Annually, the District shall determine the Floridan aquifer drawdown resulting from each permittee’s permitted frost/freeze groundwater withdrawals through groundwater computer modeling simulation. The modeling shall account for each permittee’s ground water frost/freeze protection quantities, the specific location of the withdrawal site and include the duration of the design event as specified in section 7.4.1.1, above.

2. Allocation Ratio – The District shall determine an allocation ratio for each permittee with frost/freeze groundwater quantities. The District shall determine each permittee’s percent of the total of frost/freeze groundwater quantities permitted within the Dover/Plant City WUCA. The percent is then converted into an allocation ratio. For example, a permittee who is permitted 2% of the overall groundwater frost/freeze protection quantities in an area would have a ratio of 1:50 and would only be eligible to be assigned one well complaint for every 50 received.

3. Legal Existing Use Date – The District shall determine each permittee’s existing legal use date based on when the permit was issued with the current water use quantities.

4. Impact Location – As each well complaint is received, the coordinates for the impacted well shall be entered into the model to determine the aquifer drawdown caused by each permittee at those coordinates.

5. Assignment of Responsibility – The responsibility to investigate and resolve the complaint is then assigned to the permittee that caused the greatest drawdown at a particular site, except:

(a) If the permittee’s existing legal use date precedes that of the complainant’s well.

(b) If the permittee has already been assigned all the complaints it is responsible for based on its allocation ratio.

(c) If the permittee is determined not to have been withdrawing ground water.

If 5.5.15.(a), 5.5.1 5.(b), or 5.5.15.(c) applies, then the process in this paragraph 5.5.1 is repeated for the permittee who has the next greatest drawdown at the complainant’s site.

5.2 Assignment of Responsibility – Crop Establishment Impacts

The responsibility of existing and new permittees with a withdrawal point within the Dover/Plant City WUCA to investigate and resolve crop establishment withdrawal-related well complaints shall be determined as follows:

1. Floridan Aquifer Drawdown Contribution – Annually, the District shall determine the Floridan aquifer drawdown resulting from permitted crop establishment groundwater withdrawals for strawberry production (predominant crop establishment use) through groundwater computer modeling simulation. The modeling shall account for each of the permittee’s groundwater crop establishment quantities and the specific location of the withdrawal site(s).

2. Allocation Ratio – The District shall determine an allocation ratio that shall be established for each permittee with crop establishment groundwater quantities. The District shall determine each permittee’s percent of the total crop establishment groundwater quantities permitted within the Dover/Plant City WUCA. The percent is then converted into an allocation ratio. For example, a permittee who is permitted 2% of the overall groundwater crop establishment quantities in an area would have a ratio of 1:50 and would only be eligible to be assigned one well complaint for every 50 received.

3. Legal Existing Use Date – The District shall determine each permittee’s existing legal use date based on when the permit was issued with the current water use quantities.

4. Impact Location – As each well complaint is received, the coordinates for the impacted well shall be entered into the model to determine the aquifer drawdown caused by each permittee at those coordinates.

5. Assignment of Responsibility – The responsibility to investigate and resolve the complaint is then assigned to the permittee that caused the greatest drawdown at a particular site, except:

(a) If the permittee’s existing legal use date precedes that of the complainant’s well.

(b) If the permittee has already been assigned all the complaints it is responsible for based on its allocation ratio.

(c) If the permittee is determined not to have been withdrawing ground water.

If 5.5.2 5(a), 5.5.2 5.(b), or 5.5.25.(c) applies, then the process in this paragraph 5.5.2 is repeated for the permittee who has the next greatest drawdown at the complainant’s site.

5.3 Well Construction Standards

The District adopted Rule 40D-3.600, F.A.C., effective April 9, 2002, that established well construction standards to ensure that wells built after the effective date within portions of the Dover/Plant City WUCA (“Original Dover Area”) would not be impacted as a result of aquifer drawdown caused by pumping by another legal water use. Effective August 17, 2010, the District amended Rule 40D-3.600, F.A.C., to expand the well construction standards to a larger area (“Expanded Dover Area”). If the complainant’s well was constructed after April 9, 2002, or subsequently repaired in the Original Dover Area or constructed or repaired after August 17, 2010, in the Expanded Dover Area, the complaint will not be assigned to a permittee for investigation.

6. INVESTIGATION OF FROST/FREEZE PROTECTION AND CROP ESTABLISHMENT WITHDRAWAL-RELATED WELL COMPLAINTS BY PERMITTEES WITHIN THE DOVER/PLANT CITY WUCA

Permits in effect as of [effective date of rule] with a withdrawal within the Dover/Plant City WUCA shall have any permit conditions requiring investigation of frost/freeze, crop protection, crop establishment withdrawal-related well complaints or agricultural withdrawal-related complaints within a specified area or distance removed and replaced with the following permit condition. Permits issued on or after [effective date of rule] or for uses permitted prior to [effective date of rule] that include frost/freeze protection, crop protection, or crop establishment and that do not have a specific condition requiring complaint investigations shall also include this permit condition.

Frost/Freeze and Crop Establishment Withdrawal-related Well Complaints

A. Well Evalution and Temporary Supply

After the District receives a well complaint and determines that there is a responsible permittee, as provided in subsection 5, of Section 7.4 of the WUP BOR, incorporated by reference in Rule 40D-2.091, F.A.C., the District will then notify the responsible permittee of the complaint. It will also inform the complainant of the responsible permittee.

(1) Estimates of Repairs

(a) The permittee shall arrange with the complainant for the evaluation and preparation of an estimate for restoration of water service to the complainant. The evaluation shall occur within 24 hours of the receipt of the complaint by the permittee, unless the complainant agrees to a longer time period. The permittee shall notify the District of the date and time for the evaluation of the complainant’s well. Selection of a water well contractor to undertake either the repair or replacement of the complainant’s well is at the discretion of the permittee, as long as the water well contractor has a license in good standing issued by a water management district. If only a pump repair is required, the person doing the repair shall have the appropriate occupational license.

(b) Alternatively, the complainant and the permittee can jointly arrange for the evaluation and preparation of an estimate to address the well complaint. If this option is chosen, then the evaluation must occur within 24 hours of the receipt of the complaint by the permittee, unless the complainant agrees to a longer time period.

(c) The permittee shall provide a temporary water supply to the complainant within five hours of the completion of the well evaluation and continue to provide the temporary water supply until water service is restored to the complainant’s well as long as the complainant cooperates with the permittee in the repair of the complainant’s well.

2. Restoration of Water Supply

(a) If the evaluation indicates that groundwater pumping for frost/freeze crop protection resulted in loss of the complainant’s water service, the permittee shall pay for the work necessary to restore water service to the complainant.

(b) If the well evaluation does not occur within 24 hours or within a longer time period agreed to by the complainant or a temporary water supply is not provided within five hours of the well evaluation, the complainant may arrange for the evaluation and repair or replacement of the well as necessary to restore water supply and a temporary water supply if needed. Once the complainant provides a detailed accounting of well repair or replacement expenditures, and expenses for a temporary water supply if applicable, to the District and the permittee, the permitteee shall reimburse the complainant within 30 business days of permittee’s receipt of the detailed accounting for the well repair or replacement expenditures, as well as the expenses for a temporary water supply if applicable, or provide a report to the District within seven days of the receipt by the permittee of disputed costs. This report shall detail why the permittee is not responsible for reimbursing all of the funds expended by the complainant for the well repair or replacement, and a temporary water supply if applicable. The permittee shall provide a copy of this report to the complainant. The District will review the report and determine the appropriate reimbursement based on the cause of the well complaint and the appropriate remedy.

B. Pre-Complaint Repairs

If a complainant has expended funds for a well repair or replacement before submitting a well complaint to the District, and upon filing the complaint within 14 days of the water use permittee’s pumping that resulted in interference, the District determines that there is a responsible permittee as provided in subsection 5, of Section 7.4 of the WUP BOR described above, if the complainant provides a detailed accounting of expenditures for well repair or replacement, and for a temporary water supply if applicable, then the responsible permittee shall reimburse the complainant for its actual expenditures, not to exceed $1,500 within 30 days of permittee’s receipt of the detailed accounting of the expenditures or provide a report to the District within seven days of the receipt by the permittee of disputed costs. This report shall detail why the permittee is not responsible for reimbursing all of the funds expended by the complainant for the well repair or replacement, and temporary water supply if applicable. The permittee shall provide a copy of this report to the complainant. The District will review the report and determine the appropriate reimbursement based on the cause of the well complaint and the appropriate remedy.

C. Permittee’s Mitigation Activities and Report

1. The permittee shall inform the District as to how the permittee intends to proceed to mitigate the complaint within one business day after notice of responsibility to mitigate the complaint is delivered by the District to the permittee via electronic mail, phone call or message, or facsimile transmission, or within three business days after depositing a letter to permittee in the U.S. Mail.

2. If the permittee informs the District that it has determined that it is not responsible for mitigation of the complaint, then the permittee must provide a full explanation for its position. If, after the District has reviewed the permittee’s response, the District determines that the permittee is still responsible for mitigating the complaint, the permittee shall proceed with full mitigation of the complaint as set forth in this condition.

3. All well complaints shall be fully mitigated by the permittee as soon as is practicable. Full mitigation of the well complaint shall be restoration of the complainant’s well to pre-impact condition or better, including the pressure levels, discharge quantity, and water quality. Full mitigation of the well complaint necessitates the construction of a new well for the complainant if the existing well cannot be restored to pre-impact condition.

4. Within one business day after the complaint is fully mitigated, the permittee shall provide a report to the District in which the permittee details the activities undertaken by either the complainant or the permittee to mitigate the complaint as well as any reimbursements made by the permittee to the complainant. The permittee shall provide a copy of this report to the complainant. The District will review the report submitted by the permittee and may require additional action by the permittee if the District determines that the complaint has not been fully mitigated.

D. If the permittee makes a good-faith effort to comply with the response process set forth above but is unable to repair or replace the well because of the lack of cooperation of the complainant, the permittee may request that the District deem the permittee to have satisfied this permit condition.

E. Time is of the essence of this permit condition and each of its provisions. For example, the full mitigation of a complaint does not excuse the failure to timely comply with each of the provisions of this condition.

7. ADDITIONAL PERMIT CONDITIONS

7.1 Notice of Recovery Strategy – All new, renewal and existing permits located in the Dover/Plant City WUCA, or that are determined to impact the Minimum Aquifer Level or Minimum Aquifer Level Protection Zone, both with or without providing a Net Benefit, include , as of [effective date of rule] the following condition:

This permit is located within the Dover/Plant City WUCA or potentially impacts the Minimum Aquifer Level or Minimum Aquifer Level Protection Zone for the Dover/Plant City WUCA. Pursuant to Section 373.0421, F.S., the Dover/Plant City WUCA is subject to a minimum levels recovery strategy that became effective on [effective date of rule]. As set forth in Rule 40D-80.075, F.A.C., the recovery strategy, including water use permitting rules, is subject to change based on, among other criteria, the Governing Board’s periodic assessment of water resource criteria and cumulative water withdrawal impacts as described in Chapter 40D-80, F.A.C. This permit is subject to modification to comply with new rules.

7.2 Adverse Impacts –

(a) The following condition is removed from all existing permits located within the Dover/Plant City WUCA, or that are determined to impact the Minimum Aquifer Level or Minimum Aquifer Level Protection Zone, both with or without providing a Net Benefit, as of [effective date of rule]:

The Permittee shall mitigate any adverse impact to environmental features or offsite land uses as a result of withdrawals. When adverse impacts occur or are imminent, the District shall require the Permittee to mitigate the impacts. Adverse impacts include the following:

1. Significant reduction in levels or flows in water bodies such as lakes, impoundments, wetlands, springs, streams, or other watercourses.

2. Sinkholes or subsidence caused by reduction in water levels.

3. Damage to crops and other vegetation causing financial harm to the owner.

4. Damage to the habitat of endangered or threatened species.

(b) All new, renewal and existing permits located in the Dover/Plant City WUCA, or that are determined to impact the Minimum Aquifer Level or Minimum Aquifer Level Protection Zone, both with or without providing a Net Benefit, include, as of [effective date of rule] the following condition:

The Permittee shall mitigate any unacceptable adverse impact resulting from withdrawals to environmental features, Minimum Flows or Minimum Levels, or offsite land uses, as specified in subsection 40D-2.301(1), F.A.C., and the Water Use Permit Information Manual, Part B, the Basis of Review for Water Use Permit Applications, Chapter 4. Should unanticipated or unmitigated unacceptable adverse impacts occur, the Permittee shall be required to expeditiously mitigate the impacts.

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8. AVAILABILITY OF MITIGATION PROCESS FOR IMPACTS TO EXISTING LEGAL USES

Persons who believe that groundwater pumping by a water use permittee for crop establishment or frost/freeze protection has interfered with the person’s existing legal use of groundwater may seek mitigation based upon the process set forth in subsection 6, above. An example of interference with the person’s existing legal use of groundwater is that the person’s well pump no longer operates. In order to seek mitigation through this process such persons must provide the District with their name, address, phone number and the location of their affected groundwater well within 14 days of the water use permittee’s pumping that resulted in the interference.

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Figure 7.4-1

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alba Mas, Tampa Regulation Manager, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (Ext. 2000)

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2010