WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management DistrictRULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.801: Water-Use Caution AreasNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 36, September 7, 2007 issue of the Florida Administrative Weekly.
40D-2.091 Publications Incorporated by Reference.
The following publications are hereby incorporated by reference into this Chapter, and are available from the District upon request:
(1) Water Use Permit Information Manual Part B, “Basis of Review (____)(10/07)” and Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area (_____)(1/07);”
(2) through (6) No change.
Specific 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 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,_________.
40D-2.801 Water-Use Caution Areas.
(1) through (3)(c)4. No change.
5. In adopting the interim CFCA rules, the District acknowledges the increasing stress on the water resources in the CFCA and the mandate of the legislature to foster the development of additional water supplies and avoid the adverse effects of competition. However, the interim CFCA rules do not abrogate the rights of the Governing Board or of any other person under Section 373.233, F.S. The CFCA regulatory framework provides a comprehensive strategy for interim allocations of available groundwater and expeditious development of supplemental water supply projects, as defined in Section 3.6, paragraph A.7. under the heading Requirements For Applicants For Groundwater Withdrawals Within The Central Florida Coordination Area, in Part B, Basis of Review, of the Water Use Permit Information Manual, to minimize competition and thereby provide greater certainty of outcome than competition.
(3)(c)6. and 7. No change.
Specific 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,_________.
BASIS OF REVIEW FOR WATER USE PERMIT APPLICATIONS:
3.6 PUBLIC SUPPLY
Requirements for APPLICANTS for GROUNDWATER WITHDRAWALS WITHIN THE Central Florida Coordination Area (CFCA)
B. The following requirements shall apply to any Public Supply Utility applicant and Similar Applicants proposing to withdraw groundwater in the CFCA.
1. through 4. No change.
5. A permittee that will lack sufficient Supplemental Water Supply after 2013 from which to obtain the increase in quantity above its Demonstrated 2013 Demand shall can be allocated a temporary amount of groundwater to meet that increase only if it has exercised Due Diligence to meet all schedule requirements in the permit for developing and using Supplemental Water Supply and providing that other conditions of issuance in Rule 40D-2.301, F.A.C., and Parts B and D of the Water Use Permit Information Manual are met. Any such temporary allocation shall cease when water from the Supplemental Water Supply project becomes available.
6. If an application includes a request to change the use type, or the use within a use type, supplied by groundwater during the term of the permit, such change shall not trigger the requirements to develop and/or use supplemental water supply pursuant to paragraph B.2, above, and the corresponding permit duration provisions of 40D-2.321(7) and 1.9 of Chapter 1, Part B, Basis of Review, Water Use Permitting Information Manual (“Part B”) and the CFCA permit condition described in Section 6.2.4. of Part B, provided (1) the application does not propose an increase in groundwater withdrawal above that permitted for 2013; and (2) the groundwater drawdown is no greater than that associated with the use permitted for 2013. However, the provisions of this paragraph B.6. shall not be construed to affect any condition in the existing permit regarding the development and/or use of supplemental water supply.
New ______.
4.4 UTILIZATION OF LOWEST QUALITY WATER
Consideration must be given to the lowest quality water available, which is acceptable for the proposed use. If a lower quality of water is available and is environmentally, technically and economically feasible for all or a portion of an Applicant's use, this lower quality water must be used. Use of a lower quality of water is not environmentally feasible if it interferes with recovery of a water body to its established minimum flow or level or the water body is either currently or projected to be adversely impacted, unless the use will provide a Net Benefit. Such lower quality water may be in the form of surface water, reclaimed water (treated wastewater effluent), recovered agricultural tailwater, collected stormwater, saline water, or other sources. In determining the economic feasibility of using reclaimed water or stormwater, the consideration shall include the costs and benefits of using the reclaimed water or stormwater, including the amount of reclaimed water or stormwater that can be produced or used relative to the cost.
Within the Central Florida Coordination Area the District will confine its analysis of lower quality water sources to those sources listed in the definition of Supplemental Water Supply in paragraph A. 7. under the heading Requirements For Applicants For Groundwater Withdrawals Within The Central Florida Coordination Area in Section 3.6, of Part B, Basis of Review, of the Water Use Permit Information Manual.
Amended 1-1-07, __________.
6.2 SPECIAL PERMIT CONDITIONS
In addition to the general, standard and other conditions, permits for applicants specified in 40D-2.801(3)(c)4., F.A.C., authorizing groundwater withdrawals in the CFCA shall include special conditions that address the following;
1. Implementation of a District-approved plan to monitor hydrology, ecology and water quality in the areas subject to impacts from the permitted withdrawals, with at least annual data reporting and analysis.
2. Implementation of specific District-approved measures to mitigate or avoid harm that would otherwise occur as a result of the permitted allocation.
3. Implementation of District-approved mitigation or avoidance actions to address any unanticipated harm, if the District finds that harm will occur or has occurred as a result of the permitted allocation.
4 Expeditious dDevelopment and use of Supplemental Water Supply to meet water demands in an expeditious manner as described in paragraph B.2. under the heading Requirements For Applicants For Groundwater Withdrawals Within The Central Florida Coordination Area in Section 3.6, of Part B, Basis of Review, of the Water Use Permit Information Manual.
5. and 6. No change.
New _____.
