This second Notice of Proposed Rule Development will address the development and amendment of consumptive use permit criteria and conditions for public water supply applicants and other similar applicants withdrawing groundwater in Central Florida, ...

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-2.101: Publications Incorporated by Reference
40C-2.301: Conditions for Issuance of Permits
PURPOSE AND EFFECT: This second Notice of Proposed Rule Development will address the development and amendment of consumptive use permit criteria and conditions for public water supply applicants and other similar applicants withdrawing groundwater in Central Florida, including Orange, Osceola, and Seminole Counties and southern Lake County. The first Notice of Proposed Rule Development published in the Florida Administrative Weekly on November 3, 2006, Vol. 32, No. 44, page 5129, addressed only public water supply applicants. However, in response to comments received in the ongoing rule development process, the proposed rule development has been expanded to include “other similar applicants.” This St. Johns River Water Management District rule development will be coordinated with similar rule development by the South Florida Water Management District in Orange, Osceola, and Polk Counties and by the Southwest Florida Water Management District in Polk County. This rule development will propose rule amendments to Chapter 40C-2, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water to address the three Districts’ joint conclusion that: (1) sustainable quantities of groundwater in Central Florida are insufficient to meet future public water supply applicants’ and other similar applicants’ demands; and (2) that there is an immediate need to develop and implement alternative water supply projects in Central Florida to supplement groundwater supplies.
The legal description of the affected Central Florida area, called the Central Florida Coordination Area, (CFCA), will be included in the Applicant’s Handbook: Consumptive Uses of Water. Under the proposed rules, water supply utilities and other similar applicants proposing to withdraw groundwater in the CFCA will generally be restricted to demonstrated 2013 demands. Such an applicant may be issued a permit with a duration of up to 20 years for the 2013 allocation if the applicant will develop at least one alternative water supply (AWS) project to supply its water demands above 2013 demand levels. Alternatively, the applicant may demonstrate that AWS development is infeasible for all the increase above its 2013 demand. In this case, the applicant must maximize use of AWS for as much of the increase as is feasible and must use AWS for the remainder of the increase when provided by others, to the extent feasible. A public supply utility or other similar applicant will be restricted to a permit duration of no more than December 31, 2013, if the applicant does not develop AWS or use AWS to meet as much of the increase above its 2013 demand as is feasible. The relationship between the Applicant’s Handbook and Rule 40C-2.301, F.A.C., will be clarified.
SUBJECT AREA TO BE ADDRESSED: Consumptive use permit criteria and conditions applicable to public water supply applicants and other similar applicants withdrawing groundwater in the CFCA. The proposed rule amendments will contain definitions of key terms such as CFCA AWS, other similar applicant, and public supply utility. Also, a description of special CFCA permit conditions will be proposed. Many of the proposed amendments will be made in the Applicant’s Handbook. A clarification regarding the relationship between the Applicant’s Handbook and Rule 40C-2.301, F.A.C., will be provided.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.
LAW IMPLEMENTED: 373.216, 373.219, 373.223, 373.229, 373.236, 373.239 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 4, 2007, 10:00 a.m. – 12:00 Noon
PLACE: County Commission Chambers, First Floor, 201 South Rosalind Avenue, Orlando, Florida
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: Norma Messer, [phone] or [phone] (TDD). 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Norma K. Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32178-2529, [phone], Suncom 860-4459, e-mail address [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference parts I, II, and III, and 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) 2-15-06.

(2) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.109, 373.219, 373.223, 373.229, 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,________.

 

40C-2.301 Conditions for Issuance of Permits.

(1) through (6) No change.

(7) The applicant shall have the burden of proof to establish and present sufficient data to support a finding by the Board that the proposed use meets the conditions specified in subsection (1) or (2). The standards, criteria, and conditions in the Applicant’s Handbook: Consumptive Uses of Water, adopted by reference in Rule 40C-2.101, F.A.C., shall be used in determining whether the requirements of subsection (1) or (2) are met.

APPLICANT’S HANDBOOK SECTIONS

2.0Definitions

(a) through (c) No change.

(d)CFCA Alternative Water Supply – For purposes of the additional permitting requirements applicable within the Central Florida Coordination Area, CFCA alternative water supply means surface water, stormwater, and salt water. Brackish groundwater may be considered a CFCA alternative water supply if it can be developed in a manner that will not cause or contribute to harmful impacts from cumulative groundwater withdrawals in the Central Florida Coordination Area.

(e) through (g) renumbered (f) through (h) No change.

(i)Due Diligence – Giving the care and attention and taking all reasonable actions to meet all schedule requirements in the permit for developing and using alternative water supply. Particular circumstances beyond the permittee’s control will be considered in determining whether due diligence has been exercised.

(h) through (s) renumbered (j) through (u) No change.

(v)Other Similar Applicant – For purposes of the additional permitting requirements applicable within the Central Florida Coordination Area, other similar applicant, means an applicant, other than a public supply utility, that proposes to withdraw groundwater in the CFCA and proposes an increase in groundwater withdrawal above the level needed to meet its demonstrated 2013 demand.

(t) through (u) renumbered (w) through (x) No change.

(y)Public Supply Utility – Any municipality, county, regional water supply authority, special district, public or privately owned water utility, or multijurisdictional water supply authority, that provides water for use by the general public.

(v) through (mm) renumbered (z) through (qq) No change.

3.0Activities Requiring a Permit

3.1Implementation Date of the Consumptive Use Permitting Program

3.1.1 through 3.1.6 No change.

3.1.7The effective date of implementation of additional permitting criteria for the District’s Central Florida Coordination Area (CFCA) is (effective date). The CFCA is delineated in Figure 3.1-2. The legal description of the CFCA is in Appendix L.

Figure 3.1-2The Central Florida Coordination Area of the St. Johns River Water Management District.

 

6.5Permit Duration

6.5.120 Year Permits

When requested by an applicant, a consumptive use permit shall have a duration of 20 years provided the applicant provides reasonable assurance that the proposed use meets the conditions for issuance in Rule 40C-2.301, F.A.C., and the criteria in Part II, Applicant’s Handbook: Consumptive Uses of Water, for the requested 20 year permit duration.

6.5.2Durations other than 20 Years:

(a)When an applicant fails to provide reasonable assurance to support a 20 year duration or when the applicant does not request a duration of 20 years, a consumptive use permit shall have a duration of 10 years unless the Governing Board determines that a different permit duration is warranted based on a consideration and balancing of the factors listed in section 6.5.3. However, in no case shall the duration of an individual permit exceed the life of the activity for which the water is used.

(b)When an applicant requests a permit duration greater than 20 years pursuant to subsection 373.236(2), F.S., the Governing Board shall issue a consumptive use permit with the requested duration up to a maximum of 50 years, provided the applicant is a municipality or other governmental body or a public works or public service corporation, the applicant demonstrates that the requested duration is required to provide for the retirement of bonds for construction of waterworks and waste disposal facilities, and the applicant provides reasonable assurances that the proposed use meets the conditions for issuance in Rule 40C-2.301, F.A.C., and the criteria in Part II, Applicant’s Handbook: Consumptive Use of Water, for the requested duration.

(c)For a public supply utility applicant or an other similar applicant proposing to withdraw groundwater in the Central Florida Coordination Area (CFCA), the permit duration will be determined pursuant to section 6.5.4.

6.5.3Special Durations Factors:

The following factors shall be considered and balanced in determining whether the permit shall be given a duration other than as specified in section 6.5.2(a):

(a)Whether the permit is for a secondary use as defined in section 3.2.3. The District shall seek to:

1.Assign the initial consumptive use permit required under 3.2.1 (secondary use) the same expiration date as specified in the consumptive use permit issued for the water supplier.

2.Simultaneously review subsequent renewal applications for the water supplier and all related permitted secondary uses, and upon renewal, set the new expiration date for secondary use consumptive use permits the same as is assigned to the permit for the water supplier. When one or more applicants within the water supplier/secondary users group fails to timely complete its consumptive use permit renewal application, final action will be taken on the applications which have been completed.

3.Assign an applicant within a water supplier/secondary use group who completes a renewal application for a consumptive use permit at a later time, the same expiration date as was assigned to the previously issued consumptive use permit renewals within the same water supplier/secondary use(s) group.

(b)Whether a longer duration is necessary for a municipality or other governmental body or for a public works or public service corporation to retire bonds for the construction of water works and water disposal facilities. If an applicant feels that an extended duration is required for such purposes, then the applicant must furnish letters from the bonding authority, stating that the extended duration is required and the reason that it is required.

(c)Whether a lower quality water source can reasonably be expected to become available for the permitted consumptive use during the time period of the applicable permit duration of section 6.5.2(a), and the permittee is not proposing to use this water source when it becomes available. Consideration of this factor will result in a shorter duration than the applicable duration specified in section 6.5.2(a) to enable the District and the permittee to reevaluate the ability of the permittee to use the lower quality source at the time that it becomes available. However, the applicant can eliminate this factor from consideration by electing to reduce the requested allocation by the amount which would reasonably be delivered from the lower quality source.

(d)Whether the consumptive use permit will require the permittee to perform mitigative or remedial action for an impact caused or projected to be caused by the consumptive use, and, for a renewal, whether the permittee must implement action to correct non-compliance with the previous consumptive use permit. Consideration of this factor will lead toward a duration shorter than the applicable duration of section 6.5.2(a) in order to evaluate, at an earlier date, the effectiveness of the mitigative or remedial actions or corrections.

(e)Whether greater than 50% of the total allocation is derived from reclaimed water or stormwater sources. Consideration of this factor will lead toward a duration longer than the applicable durations of section 6.5.2(a). Where 95% or greater of the allocation is derived from reclaimed water or stormwater sources, consideration of this factor will lead toward a duration of 20 years.

(f)Whether 50% or greater of the annual wastewater volume generated from the allocated use is distributed to other water users (not including secondary users for which the permittee is the water supplier) for reasonable-beneficial reuse. Consideration of this factor will lead to a duration longer than the applicable duration of section 6.5.2(a) to encourage the investment in reuse of reclaimed water.

(g)Whether a shorter duration is necessary to insure that the source is capable of producing the requested amount of water without causing unmitigated adverse impacts. The applicant can eliminate this factor from consideration by electing to reduce the requested amount to that which can be produced by the source without causing unmitigated adverse impacts.

(h)Whether, and the extent to which, the permit duration will significantly harm the economic feasibility of the proposed use. Consideration of this factor will lead to a longer duration than the applicable duration of section 6.5.2(a) where the application duration of those sections will significantly harm the economic feasibility of the proposed use.

(i)Whether the permittee is able to implement all available water conservation measures which are generally feasible for that size and type of use. Where the permittee is unable to implement all available water conservation measures which are generally feasible for that size and type of use, consideration of this factor will lead to a shorter duration than the applicable duration of section 6.5.2(a) to enable the District and the permittee to reevaluate, at an earlier date, the ability of the permittee to implement these water conservation measures.

Whether the permittee is implementing innovative and extraordinary water conserving measures which are beyond those generally feasible for that type of use. Where the permittee proposes to implement innovative and extraordinary water conservation measures, consideration of this factor will lead to a longer duration than the applicable duration of section 6.5.2(a) as an incentive for the investment in innovative and extraordinary water conservation.

(k)The cost of developing proposed alternative water supplies (for example: new lower quality sources, surface water sources, interconnecting wellfields, artificial recharge, aquifer storage and recovery, reclaimed water). Where the permittee is proposing to develop and use alternative water supplies, consideration of this factor will lead to a duration longer than the applicable duration of section 6.5.2(a) to encourage investment in, and development of, alternative water supplies.

6.5.4Permit Duration for Public Supply Applicants and Other Similar Applicants in the Central Florida Coordination Area (CFCA)

(a)The maximum permit duration for a public supply utility applicant or an other similar applicant will be limited to December 31, 2013, unless the applicant will meet all the increase in its need for water after 2013 by using at least one CFCA alternative water supply project as set forth in subsection 12.10(b) or otherwise comply with that subsection. If the applicant complies with subsection 12.10(b), the permit duration shall be up to 20 years, consistent with sections 6.5.1 through 6.5.3.

(b)When a public supply utility applicant or an other similar applicant cannot establish that it will use at least one CFCA alternative water supply project to meet all the increase in its need for water after 2013 as set forth in subsection 12.10(b) or otherwise comply with that subsection, the permit duration will be determined in accordance with sections 6.5.1 through 6.5.3, but in no event shall the duration extend beyond 2013.

6.5.5 6.5.4 No change.

12.0Evaluation of Proposed Use of Water

12.1.1Annual Allocation – No change.

12.1.2Special Area – Central Florida Coordination Area.

(a)The Central Florida Coordination Area (CFCA) is located within portions of three water management district and includes Polk, Orange, Osceola, and Seminole counties, and southern Lake County. Within the St. Johns River Water Management District, the CFCA is the area delineated in Figure 3.1-2. The intent of the CFCA rules is to provide an interim regulatory framework for public supply utilities and other similar applicants in the area to expeditiously implement CFCA alternative water supply projects, and, pending the implementation of alternative water supply projects, to provide for allocation of available groundwater while employing avoidance and mitigation measures to prevent harm. This regulatory framework is one component of a comprehensive joint water management district strategy for regional water resource management that also includes regional water supply planning, alternative water supply project funding, and water resource investigations and analysis.

(b)Special requirements apply to public supply utility applicants and other similar applicants (see definitions in section 2.0) proposing to withdraw groundwater in the CFCA. These requirements are found in sections 6.5.4, 12.10, and 19.0.

12.2 through 12.9 No change.

12.10Central Florida Coordination Area (CFCA)

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

(a)An applicant will be restricted to a maximum allocation of groundwater in an amount no greater than that needed to satisfy its demonstrated 2013 demand; however, an applicant may seek a duration that extends beyond 2013 for that level of allocation.

(b)Any applicant seeking a permit duration extending beyond 2013 and proposing an increase in water withdrawal above the level needed to meet its demonstrated 2013 demand must:

1.Identify at least one specific CFCA alternative water supply project that the applicant will develop (either singly or in concert with others) and use, to meet the increase in quantity above its demonstrated 2013 demand, for the duration of the permit; and provide a project development schedule for each such identified project, with project development milestones that when followed, will result in alternative water supply being used by the applicant by the end of 2013; or

2.Demonstrate that the development (either singly or in concert with others) of sufficient CFCA alternative water supply to meet all the increase in quantity above its demonstrated 2013 demand is not economically, environmentally, or technologically feasible; and must establish that it will maximize the use of CFCA alternative water supply to meet as much of the increase as is economically, environmentally, and technologically feasible and will obtain any remaining portion of the increase by using water from one or more CFCA alternative water supply projects when provided by others at a cost that is economically feasible. The impact to customers from water use rates is a consideration in evaluating economic feasibility; however, an increase in water users rates to utility customers shall not, in itself, constitute economic infeasibility.

(c)A permittee lacking sufficient CFCA alternative water supplies by the end of 2013 from which to obtain the increase in quantity above its demonstrated 2013 demand 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 alternative 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 alternative water supply project becomes available.

13.0Available Water/Competing Applications

13.1 and 13.2 No change.

13.3Competition in the Central Florida Coordination Area (CFCA)

The CFCA regulatory framework provides a comprehensive strategy for interim allocation of available groundwater and expeditious development of alternative water supply projects to minimize competition and thereby provide greater certainty of outcome than competition which remains available pursuant to Section 373.233, F.S. If an applicant wishes to request this statutory process, it must do so in writing as part of the application.

19.0Central Florida Coordination Area (CFCA) Conditions

In addition to the general and special conditions described in this part, permits for public supply utility applicants and other similar applicants withdrawing groundwater 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 development and use of alternative water supply to meet water demands.

(e)Submittal of five-year compliance reports for 20-year duration permits as described in section 6.5.5.

(f)The reduction in allocation or other modification to the permit, after review of each five-year compliance report or at any other time during the term of the permit, if needed to abate observed or projected harmful impacts as a result of the permitted use, unless the harmful impacts can be mitigated by the permittee.

20.0 19.0Other Conditions

In addition to the special conditions listed in subsection 18.0.1 and 19.0, the Governing Board may apply such other reasonable special conditions to meet localized problems as it deems necessary to ensure that the use meets the criteria established in Rule 40C-2.301, F.A.C.

APPENDIX L

LEGAL DESCRIPTION

CENTRAL FLORIDA COORDINATION AREA OF THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Begin at the northwest corner of Section 6, Township 23 South, Range 24 East, being on the Sumter County – Lake County line, also being the range line between Ranges 23 and 24 East; thence north along said range line to the northwest corner of Section 7, Township 21 South, Range 24 East; thence east along the north line of Sections 7, 8, 9 and 10, Township 21 South, Range 24 East to the northeast corner of Section 10, Township 21 South, Range 24 East, also being the northwest corner of Section 11, Township 21 South, Range 24 East, thence continue east along the north line of said Section 11 to the north quarter corner of said Section 11, thence south along the quarter-section line of said Section 11 to the south quarter corner of said Section 11, also being the north quarter corner of Section 14, Township 21 South, Range 24 East, thence continue south along the quarter-section line of said Section 14 to the south quarter corner of said Section 14, said corner also being on the north line of Section 23, Township 21 South, Range 24 East; thence east along the North line of Sections 23 and 24, Township 21 South, Range 24 East; thence north along the West line of Sections 18 and 7, Township 21 South, Range 25 East; thence east along the North line of Sections 7, 8, 9, 10, 11 and 12, Township 21 South, Range 25 East to the northwest corner of Section 7, Township 21 South, Range 26 East; thence continue east along the north line of Section 7 to the northwest corner of Section 8, Township 21 South, Range 26 East; thence south along the west line of Section 8 to the north line of the south 1/2 of Section 8; thence east along said north line of south 1/2 to the east line of Section 8; thence south along the east line of Section 8 to the northwest corner of Section 16, Township 21 South, Range 26 East; thence east along the north line of Section 16 to the northwest corner of Section 15, Township 21 South, Range 26 East; thence south along the west line of Section 15 to the northwest corner of the southwest 1/4 of Section 15; thence east along the mid-section line to the northeast corner of the southwest 1/4 of Section 15; thence south along the east line of said southwest 1/4 to the south line of Section 15; thence east along said south line to the northeast corner of fractional Section 22, Township 21 South, Range 26 East; thence continue east along the north line of fractional Section 23, Township 21 South, Range 26 East to the west shore line of Lake Apopka; thence northeasterly along said shore line to an intersection with the range line dividing Ranges 26 and 27 East; thence north on said range line to the township line dividing Townships 19 and 20 South; thence east on said township line to the thread of the Wekiva River; thence north along said thread of the Wekiva River to an intersection with the thread of the St. Johns River, said intersection being the corner common to Lake, Volusia and Seminole Counties; thence southeasterly and following the thread of the St. Johns River along the north and east boundary of Seminole County, to an intersection with the line dividing Townships 21 and 22 South, said intersection being the corner common to Volusia, Seminole, Orange and Brevard Counties; thence continue southeasterly and southerly along the thread of the St. Johns River and the Orange – Brevard county line to the northeast corner of Township 25 South, Range 34 East and the St. John’s River; thence south along the east line of Range 34 East to the south line of Township 32 South, also being on the Okeechobee County – Osceola County line; thence west along said Okeechobee County – Osceola County line to the southwest corner of Section 34, Township 32 South, Range 33 East; thence north along the section line to the northwest corner of Section 3, Township 31 South, Range 33 East; thence east along the township line between Townships 30 and 31 South to the southeast corner of Section 36, Township 30 South, Range 33 East; thence north along the range line between Ranges 33 and 34 East to the northeast corner of Section 1, Township 30 South, Range 33 East; thence west along the township line between Townships 29 and 30 south to the southwest corner of Section 31, Township 29 South, Range 33 East; thence north along the range line between Ranges 32 and 33 East to the northwest corner of Section 6, Township 28 South, Range 33 East; thence east along the township line between Townships 27 and 28 south to the southeast corner of Section 36, Township 27 South, Range 32 East; thence north along the range line between Ranges 32 and 33 East to the northeast corner of Section 1, Township 26 South, Range 32 East; thence west along the township line between Townships 25 and 26 South to the southwest corner of Section 33, Township 25 South, Range 32 East; thence north along the section line to the Orange County – Osceola County line; thence westerly along the Orange County – Osceola County line to the Southwest corner of Section 31, Township 24 South, Range 32 East; thence north along the range line to the intersection with the northerly right-of-way line of State Road 528; thence westerly along the northerly right-of-way line of State Road 528 to the intersection with the northerly right-of-way line of State Road 528A; thence westerly along the northerly right-of-way line of State Road 528A to the westerly right-of-way line of U.S. Highway 441; thence northerly along the right-of-way line to the section line between Sections 22 and 27 of Township 22 South, Range 29 East; thence west along the section lines to the northeast corner of Section 25, Township 22 South, Range 28 East; thence south along the range line between Ranges 28 and 29 East to the southeast corner of Section 36, Township 22 South, Range 28 East; thence west along the township line between Townships 22 and 23 South to the northeast corner of Section 2, Township 23 South, Range 27 East; thence south to the southeast corner of Section 11, Township 23 South, Range 27 East; thence west along the section lines to the Southwest corner of Section 7, Township 23 South, Range 27 East, also being on the Lake County – Orange County line; thence south along the range line between Ranges 26 and 27 East to the Lake county – Polk County line; thence west along said county line to the southwest corner of Section 32, Township 24 South, Range 26 East; thence into Lake County, north along the section lines to the northeast corner of Section 30, Township 24 South, Range 26 East; thence west along the section lines to the northeast corner of Section 28, Township 24 South, Range 25 East; thence north along the section lines to the northeast corner of Section 16, Township 24 South, Range 25 East; thence west along the section line to the northwest corner of Section 16, Township 24 South, Range 25 East; thence north along the section line to the northeast corner of Section 8, Township 24 South, Range 25 East; thence west along the section lines to the range line between Ranges 24 and 25; thence north along the range line to the northeast corner of Section 1, Township 23 South, Range 24 East, also being on the township line between Townships 22 and 23 South; thence west along the township line to the northwest corner of Section 6, Township 23 South, Range 24 East, and the Point of Beginning.