the City of Pompano Beach on December 19, 2016.; The Petitioner filed the Petition for Declaratory Statement on December 19, 2016, seeking a Declaratory Statement from the District as to: 1) “whether the [Pompano Beach] AirPark has ownership and ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-2.011:Policy and Purpose

40E-2.031:Implementation

40E-2.041:Permits Required

40E-2.091:Publications Incorporated by Reference

40E-2.301:Conditions for Issuance of Permits

NOTICE IS HEREBY GIVEN that the South Florida Water Management District (District or SFWMD) has received the petition for declaratory statement from the City of Pompano Beach on December 19, 2016.The petition seeks the agency's opinion as to the applicability of Sections 373.223, 373.2235 and 373.226, Florida Statutes; Florida Administrative Code Rules 40E-2.011, 40E-2.031, 40E-2.041, 40E-2.091 and 40E-2.301; the Applicant's Handbook for Water Use Permit Applications Within the South Florida Water Management District Sections 2.0 and 2.1; and SFWMD Water Use Permit No. 60-00070-W ("Pompano Beach Water Use Permit") as it applies to the petitioner.

The Petitioner filed the Petition for Declaratory Statement on December 19, 2016, seeking a Declaratory Statement from the District as to:1) “whether the [Pompano Beach] AirPark has ownership and control of the water underlying its property solely by virtue of its ownership of the overlying land; 2) whether the Airpark would be able to obtain a consumptive use permit from SFWMD absent a showing that its proposed water allocation was a reasonable-beneficial use and there was a demonstrable need for the water pursuant to [the Applicant’s Handbook for Water Use Permit Applications Within the South Florida Water Management District] AH Sections 2.0 and 2.1; and, 3) whether the only use of water authorized under the Pompano Beach Water Use Permit is for public water supply and that any other use of water by the Airpark, would require a modification of the permit and proof that the water allocation was a reasonable-beneficial use and there was a demonstrable need for the water pursuant to the AH Sections 2.0 and 2.1.”

A copy of the Petition for Declaratory Statement may be obtained by contacting: Kathie (Ruff) Redfield, Paralegal, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406, [phone], ext. 6320 or [phone], email: [e-mail].

Please refer all comments to: Kathie (Ruff) Redfield, Paralegal, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406, [phone], ext. 6320 or [phone], email: [e-mail].