Publications Incorporated by Reference

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-2.101: Publications Incorporated by Reference

NOTICE 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.

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference parts I, II, and III, the “Water Conservation Public Supply” requirements in Appendix I, and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L, of the document entitled “Applicant’s Handbook, Consumptive Uses of Water,” (effective date).

(2) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.109, 373.196, 373.219, 373.223, 373.229, 373.233, 373.236, 373.239, 373.250 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C- 2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06,________.

 

APPLICANT’S HANDBOOK SECTION:

12.10Central Florida Coordination Area (CFCA)

The following requirements shall apply to any public supply utility applicant or similar applicant proposing to withdraw groundwater in the CFCA.

(c) The restriction in subsection 12.10(a) on groundwater allocations to an amount no greater than a permittee’s demonstrated 2013 demand shall not limit permitted groundwater withdrawals from:

1. and 2.  No change.

3. An injection/recovery wellfield that injects surface water, stormwater, or reclaimed water that is not required under subsections 10.3(f) or (g) to be provided to other uses provided to users in accordance with District rules, through one or more wells for storage within an aquifer zone and subsequently recovers it through wells from the same aquifer zone and in the same wellfield, when the volume of water withdrawn does not exceed the volume of water injected; or

4. No change.

(e) A permittee that will lack sufficient supplemental water supplies 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 for issuance in Rule 40C-2.301, F.A.C., and this Handbook are met.  Any such temporary allocation shall cease when water from the supplemental water supply project becomes available.

(f) 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 a permit, such change shall not trigger the requirements to develop and/or use supplemental water supply pursuant to subsections 12.10(b)1. or 2. and the corresponding permit duration provisions of section 6.5.4 and the CFCA permit condition described in subsection 19.0(d), 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, this subsection 12.10(f) shall not be construed to affect any condition in the existing permit regarding the development and/or use of supplemental water supply.

(g) In reviewing a proposed consumptive use of groundwater in the CFCA under subsection 10.3(g) regarding utilization of lowest acceptable quality water sources, the District will confine its analysis of lower quality sources to those sources listed in the definition of “supplemental water supply” in subsection 2.0(hh).

13.0 Available Water/Competing Applications

13.3Effect of the Central Florida Coordination Area (CFCA)

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 subsection 2.0(hh), to minimize competition and thereby provide greater certainty of outcome than competition.

19.0 Central Florida Coordination Area (CFCA) Conditions

In addition to the general and special conditions described in this part, permits for public supply utility applicants and similar applicants authorizing groundwater withdrawals in the CFCA shall include special conditions that address the following:

(a) Implementation of a District-approved plan to monitor hydrology, ecology, and water quality in areas subject to impacts from the permitted withdrawal, with at least annual data reporting and analysis.

(b) Implementation of specific District-approved measures to mitigate or avoid harm that would otherwise occur as a result of the permitted allocation.

(c) 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 permit allocation.

(d) Expeditious Ddevelopment and use of supplemental water supply to meet water demands in an expeditious manner as described in subsection 12.10(b).