To adopt rules to implement the regulatory portion of the recovery strategy for minimum flows and levels for certain water bodies within the Southern Water Use Caution Area that are being proposed as amendments to Chapter 40D-8, F.A.C. ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.011: Policy and Purpose
40D-2.021: Definitions
40D-2.041: Permits Required
40D-2.091: Publications Incorporated by Reference
40D-2.301: Conditions for Issuance of Permits
40D-2.302: Reservations From Use
40D-2.321: Duration of Permits
40D-2.331: Modification of Permits
40D-2.621: Water-Conserving Credits
40D-2.801: Water-Use Caution Areas
PURPOSE AND EFFECT: To adopt rules to implement the regulatory portion of the recovery strategy for minimum flows and levels for certain water bodies within the Southern Water Use Caution Area that are being proposed as amendments to Chapter 40D-8, F.A.C. simultaneously with these rules.
SUMMARY: The proposed rules provide that if the actual flow or level of a water body is below the minimum flow or level, a new quantity of water will not be permitted unless the proposed withdrawal will provide a net benefit to the impacted water body. The proposed rules describe the three types of net benefit that can be proposed.
In order to maximize the efficient utilization of water resources in the SWUCA to allow for recovery, the District proposes rules that will emphasize that new and renewal water use permits applicants must demonstrate a reasonable-beneficial use, that conservation measures will be implemented and alternative sources of water will be utilized to the extent economically, technically and environmentally feasible.
The proposed rules include a method for calculating public water supply service area population so that calculation of population is standardized for utilities within the Southern Water Use Caution Area. This standardization is integral to the determination of compliance with per capita daily water use rule requirements and to developing future per capita daily water use standards.
The proposed rules repeal the Highlands Water Use Caution Area and the Eastern Tampa Bay Water Use Caution Area.
SUMMARY OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost, final draft dated March 14, 2006, has been prepared addressing the impact of the proposed minimum flows and levels, and the rules proposed simultaneously in 40D-2 and 40D-80 to implement the minimum flows and levels within the Southern Water Use Caution Area (the “SWUCA SERC”). The items to be addressed in a Statement of Estimated Regulatory Cost as set forth in section 120.541(1)(c), F.S. are included in the SWUCA SERC. The SWUCA SERC is available upon request to the District.
Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
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, 373.103, 373.113, 373.118, 373.171, 373.216, 373.249 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.044, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.224, 373.226, 373.227, 373.229, 373.233, 373.336, 373.239, 373.243 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A. Lloyd, Assistant General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651.

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-2.011 Policy and Purpose.

The purpose of this Chapter is to implement the provisions of Part II of Chapter 373, F.S., and the Water Resource Implementation Rule State of Florida Water Policy set forth in Chapter 62-40, F.A.C. Additional rules relating to water use are found in Chapter 40D-3, F.A.C., entitled Regulation of Wells, Chapter 40D-8, F.A.C., entitled Water Levels and Rates of Flow, Chapter 40D-80, F.A.C., entitled Prevention and Recovery Strategies For Minimum Flows and Levels, Chapter 40D-21, F.A.C., entitled Water Shortage Plan, and Chapter 40D-22, F.A.C., entitled Year-Round Water Conservation Measures.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.219 FS. History–Readopted 10-5-74, Formerly16J-2.01, Amended 10-1-89, ________.

 

40D-2.021 Definitions.

The following definitions shall apply within the Southern Water Use Caution Area:

(1) “Alternative Water Supplies” and “Alternative Water Supply” means saltwater; brackish surface water and brackish groundwater; surface water captured predominately during wet-weather flows; sources made available through the addition of new storage capacity for surface or ground-water; water that has been reclaimed after one or more public supply, municipal, industrial, commercial, or agricultural uses; the downstream augmentation of water bodies with reclaimed water; stormwater; and any other water supply source that is designated as non-traditional for a water supply planning region in the applicable regional water supply plan. Inclusion of reclaimed water and seawater in this definition of Alternative Water Supplies does not alter the exemption from water use permitting for these sources (see Section 1.2, Basis of Review for Water Use Permitting).

(2) “Annual Average” means the annual average daily quantity that is the total quantity authorized by the District to be withdrawn from water sources in one year, divided by 365 days and expressed in gallons per day (gpd).

(3) “Change in Ownership or Control” 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) “Drought Annual Average” means the annual average daily quantity in the SWUCA that is the total quantity authorized by the District to be withdrawn in one calendar year for irrigation based on a two-in-ten year drought, divided by 365 days and expressed in gallons per day (gpd).

(5) “MIA” means the Most Impacted Area within the Southern Water Use Caution Area located in Hillsborough, Manatee and Sarasota Counties as described in subparagraph 40D-2.801(3)(b)2., F.A.C.

(6) “Net Benefit” means activities or measures that will result in an improvement to a Minimum Flow or Level water body that more than offsets the impact of a proposed withdrawal.

(7) “New Quantities” means water 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. 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 that existed prior to mining, such activity does not constitute a change in Use Type or New Quantity.

(8) “Reclaimed Water,” except as specifically provided in Chapter 62-610, F.A.C., means wastewater that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility.

(9) “Ridge Lakes” means those lakes located within the area formerly known as the Highlands Ridge Water Use Caution Area as described in subparagraph 40D-2.801(3)(b)3., F.A.C.

(10) “Self-Relocation” means a permit modification that authorizes a permittee to move all or a portion of its withdrawal located within the Southern Water Use Caution Area to a new location or locations owned or controlled by the permittee within the Southern Water Use Caution Area, with no change in ownership, control, or Use Type as set forth in Rule 40D-2.501, F.A.C., and no increase in quantities. Self-Relocation does not include changes in withdrawal location or Use Type that are authorized by the terms of the existing permit.

(11) “Upper Peace River” means that portion of the Peace River beginning at the confluence of Saddle Creek and the Peace Creek Canal, and extending southerly to the United States Geological Survey Zolfo Springs River Gage No. 02295637 and including the watershed contributing to that portion of the Peace River.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219, 373.223 FS. History–New ________.

40D-2.041 Permits Required.

(1)(a) through (d) No change

(e) In addition to the thresholds set forth in paragraphs (1)(a) through (1)(d) above, a permit is required within the Most Impacted Area (MIA) as set forth in subparagraph 40D-2.801(3)(b)2., F.A.C., Section 7.2.8. A. and B., and Figure 7.2-2, Basis of Review for Water Use Permit Applications, when withdrawal is from wells having a cumulative outside diameter greater than six inches at the surface any of which wells is constructed after April 11, 1994. This paragraph (e) shall not apply to any proposed well less than six inches in diameter at the surface when it is of the same diameter or smaller than a well it replaces and an application to plug the replaced well in accordance with Rule 40D-3.531, F.A.C., is filed with the application to construct the replacement well in accordance with Rule 40D-3.041, F.A.C.

(2) through (4) No change

Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 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, 11‑19-84, 10-1-89, 2-10-93, 4-11-94, ________.

 

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) “Basis of Review for Water Use Permit Applications” ________ October 19, 2005;

(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, ________.

 

40D-2.301 Conditions for Issuance of Permits.

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

(d) Will not interfere with a reservation of water as set forth in Rule 40D-2.302, F.A.C.

(e)(d) Will comply with the provisions of 4.3 of the Basis of Review described in Rule 40D‑2.091, F.A.C.;

(f)(e) Will utilize the lowest water quality the Applicant has the ability to use, provided that its use does not interfere with the recovery of a water body to its established MFL and it is not a source that is either currently or projected to be adversely impacted;

(g)(f) Will not significantly induce saline water intrusion;

(h)(g) Will not cause pollution of the aquifer;

(i)(h) Will not adversely impact offsite land uses existing at the time of the application;

(j)(i) Will not adversely impact an existing legal withdrawal:

(k)(j) Will incorporate water conservation measures;

(l)(k) Will incorporate use of Alternative Water Supplies to the greatest extent practicable;

(m)(l) Will not cause water to go to waste; and

(n)(m) Will not otherwise be harmful to the water resources within the District.

(2) through (3) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229 FS. History–Readopted 10-5-74, Amended 12-31-74, 2-6-78, 7-5-78, Formerly 16J‑2.11, 16J-2.111, Amended 1-25-81, 10-1-89, 2-10-93, 8-3-00, 4-14-02, ________.

40D-2.302 Reservations From Use.

The Governing Board anticipates reserving from use water necessary to recover to, and protect, the Minimum Flows and Levels established for the Southern Water Use Caution Area as set forth in Chapter 40D-8, F.A.C. These reservations will be adopted through future rulemaking on a case-by-case basis, to address water that is developed through water resource development projects designed to restore and maintain Minimum Flows and Levels. Adopted reservations will be incorporated into this Rule 40D-2.302, F.A.C.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.223 FS. History–New ________.

 

40D-2.321 Duration of Permits.

(1) The District shall determine the duration of a Water Use Permit, including Standby Permits, based on the degree and likelihood of potential adverse impacts to the water resource or existing users.

(2) The duration of a water use permit shall not exceed six years when:

(a) The permit is for a new use greater than or equal to 500,000 gpd;

(b) Tthe District determines there is a potential for significant adverse impacts and further evaluation is needed to develop an effective mitigation plan; or

(c) Tthe permit is for a renewal to significantly increase quantities.

(3) The duration of a water use permit shall not exceed 10 years when:

(a) Tthe permit is for a new use less that 500,000 gpd;

(b) Tthe permit is for a renewal with an effective mitigation plan to address potential adverse impacts; or

(c) Tthe permit is for a renewal with no significant modification.

(4)(5) If the District determines that a permit term longer than 10 years is appropriate based on facts presented by an applicant, the District shall issue a permit for a period up to 50 years in accordance with Section 373.236, F.S.

(5) Subject to Section 373.236, F.S., where a permit is required and issued for an Alternative Water Supply, the permit will be granted, extended, or renewed, as applicable, for a duration of 20 years for the project or portions of a project designed to develop an Alternative Water Supply, unless the applicant requests a longer period.

(6)(5) No change.

(6) Permits for withdrawals related to a demand of 100,000 gpd or more on an annual average basis (100,000 gpd on a drought annual average basis for irrigation permits) in the Southern Water Use Caution Area where an alternative source of water is used to replace 50% or more of existing or proposed ground water quantities have a permit duration of 20 years. If the amount of ground water replaced by an alternative source becomes less than 50% of the permitted ground water quantities due to a permanent loss of alternative source, the permit shall continue under its remaining duration or receive a duration in accordance with subsections 40D-2.321(2), (3), (4) and (5), F.A.C., whichever is less, from the date when the alternative source was lost. The duration of an Standby Alternative Source Permit pursuant to Section 1.9.9 of the Basis of Review which is incorporated by reference in Rule 40D-2.091, F.A.C., and available upon request to the District, shall be 20 years, except that when all or part is permanently reactivated, the portions reactivated shall have a duration in accordance with subsections 40D-2.321(2), (3) and (4), F.A.C., above.

(7) Permits for withdrawals related to a demand of less than 100,000 gpd on an annual average basis (drought annual average basis for irrigation permits) in the Southern Water Use Caution Area, which use an alternative source to replace all or part of the use demand and which are do not required to meter withdrawals, shall have a permit duration in accordance with subsections 40D-2.321(3), (4) and (5), F.A.C.

Specific Authority 373.044, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.236 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, ________.

40D-2.331 Modification of Permits.

(1) No change.

(2)(a) No change.

(b) Letter, provided a Modification Short Form is submitted and the annual average daily withdrawal will not increase by more than 100,000 gpd or more than 10% of the total permitted quantity, the use of the water will not change, the modification does not cause the total annual average daily quantity to equal or exceed 500,000 gpd, and the proposed changes would not cause impacts beyond those considered in the initial permit and is not a request to extend a permit term. Within the SWUCA, except to reactivate a Standby for Alternative Water Supply permit as provided in Section 1.12 of the Basis of Review, modification by letter is not available for modifications that include a request to Self-Relocate or to increase water withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level.

(3) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.171, 373.239 FS. History– Readopted 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, ________.

 

40D-2.621 Water-Conserving Credits.

(1) On January 1, 2003, permits authorizing a water withdrawal within the Southern Water Use Caution Area as described in paragraph 40D‑2.801(3)(b)(d), F.A.C., for irrigation shall be assigned a credit by the District for a quantity of water as set forth in Chapter 3 of the Basis of Review referenced in Rule 40D‑2.091, F.A.C.

(2) Beginning on January 1, 2003, all permittees with a permit authorizing a water withdrawal within the SWUCA as described in paragraph 40D‑2.801(3)(b)(d), F.A.C., for irrigation may earn Water Conserving Credits to withdraw additional quantities of water for use at the site at which they were earned if less than the allowable amount is applied to actual, planted acreage as set forth in Chapter 3 of the Basis of Review described in Rule 40D‑2.091, F.A.C.

(3) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219, 373.223, 373.239 FS. History–New 1-1-03, Amended ________.

 

40D-2.801 Water-Use Caution Areas.

(1) through (2) No change.

(3) The regions described in this Rule have been declared Water-Use Caution Areas by the District Governing Board. This Rule reaffirms the declaration of Water-Use Caution Areas and creates conditions to be applied to water users in those areas.

(a) Highlands Ridge Water-Use Caution Area. To address regional declining lake levels, the Governing Board declared portions of Polk and Highlands Counties a Water-Use Caution Area on June 28, 1989, pursuant to Resolution number 932.

1. The boundary for the Highlands Ridge Water-Use Caution Area is as follows:

All of Highlands County within the boundaries of the Southwest Florida Water Management District and that portion of Polk County within the following Sections:

Township 27S, Range 26E: Sections 25-29 and 32-36;

Township 28S, Range 26E: Sections 1-4, 9-16, 21-28, and 34-36;

Township 29S, Range 26E: Sections 1 and 2;

Township 27S, Range 27E: Sections 25-36;

Townships 28-32S, Range 27E: All Sections;

Township 27S, Range 28E: Section 31;

Township 28S, Range 28E: Sections 6 and 7; 17-22; 27-34;

Township 29S, Range 28E: Sections 6 and 7; 18-36;

Township 30-32S, Range 28E: All Sections;

Township 29S, Range 29E: Sections 19, 30 and 31;

Township 30S, Range 29E: Sections 5, 6, 7 and 8; 18 and 19; 30 and 31; and

Township 31S, Range 29E: Section 6.

2. Regulations applicable to this Water-Use Caution Area are contained in “Section 7.1, Basis of Review For Water Use Permit Applications.”

3. All Water Use Permits within the Water-Use Caution Area are hereby modified to conform with this Rule, and applicable permit conditions specified in “Section 7.1, Basis of Review For Water-Use Permit Applications,” are incorporated into all Water Use Permits within the Water-Use Caution Area.

1. The boundary for the Eastern Tampa Bay Water-Use Caution Area is as follows:

(b) Eastern Tampa Bay Water-Use Caution Area. To address declining seasonal and average groundwater levels, water quality degradation and adverse impacts to existing water users the Governing Board declared portions of Hillsborough, Manatee and Sarasota Counties a Water-Use Caution Area on June 28, 1989, pursuant to Resolution Number 933, and on October 24, 1989, pursuant to Resolution Number 942.

That portion of Manatee County within the following Sections:

Township 33S, Range 17E: All Sections;

Township 33S, Range 18E: All Sections;

Township 33S, Range 19E: All Sections;

Township 33S, Range 20E: All Sections;

Township 33S, Range 21E: All Sections;

Township 33S, Range 22E: All Sections;

Township 34S, Range 16E: All Sections;

Township 34S, Range 17E: All Sections;

Township 34S, Range 18E: All Sections;

Township 34S, Range 19E: All Sections;

Township 34S, Range 20E: All Sections;

Township 34S, Range 21E: All Sections;

Township 34S, Range 22E: All Sections;

Township 35S, Range 16E: All Sections;

Township 35S, Range 17E: All Sections;

Township 35S, Range 18E: All Sections;

Township 35S, Range 19E: All Sections;

Township 35S, Range 20E: All Sections;

Township 35S, Range 21E: All Sections;

Township 35S, Range 22E: All Sections;

Township 36S, Range 21E: All Sections;

Township 36S, Range 22E: All Sections;

That portion of Hillsborough County within the following Sections:

Township 29S, Range 19E: All Sections South of State Road 60 excluding Sections 19 and 20;

Township 36S, Range 19E: All Sections;

Township 36S, Range 20E: All Sections;

Township 37S, Range 18E: All Sections.

Township 29S, Range 20E: All Sections South of State Road 60;

Township 29S, Range 21E: All Sections South of State Road 60;

Township 29S, Range 22E: All Sections South of State Road 60;

Township 30S, Range 19E: All Sections;

Township 30S, Range 20E: All Sections;

Township 30S, Range 21E: All Sections:

Township 30S, Range 22E: All Sections;

Township 31S, Range 18E: All Sections;

Township 31S, Range 19E: All Sections;

Township 31S, Range 20E: All Sections;

Township 31S, Range 21E: All Sections;

Township 31S, Range 22E: All Sections;

Township 32S, Range 18E: All Sections;

Township 32S, Range 19E: All Sections;

Township 32S, Range 20E: All Sections;

Township 32S, Range 21E: All Sections;

Township 32S, Range 22E: All Sections;

Township 33S, Range 15E: All Sections;

Township 33S, Range 16E: All Sections; and

That portion of Sarasota County within the following sections:

Township 36S, Range 17E: All Sections;

Township 36S, Range 18E: All Sections;

2. Regulations applicable to this Water-Use Caution Area are contained in “Section 7.2, Basis of Review For Water Use Permit Applications.”

3. All Water Use Permits within the Water-Use Caution Area are hereby modified to conform with this Rule, and applicable permit conditions specified in “Section 7.2, Basis of Review For Water-Use Permit Applications,” are incorporated into all Water Use Permits within the Water-Use Caution Area.

(a)(c) No change.

(b)(d) Southern Water Use Caution Area (SWUCA). To address lowered declining lake levels, stream flows and declining seasonal and average ground water levels, water quality degradation and adverse impacts to water users, the Governing Board declared all or portions of Manatee, Sarasota, DeSoto, Hardee, Charlotte, Highlands, Hillsborough and Polk Counties within the District's boundaries a Water Use Caution Area on October 26, 1992, pursuant to Resolution Number 92‑10.

1. As shown in Figure 2-1, tThe boundary for the Southern Water Use Caution Area is as follows:

All of Manatee, Sarasota, Charlotte, Hardee, DeSoto, and Highlands Counties within the boundaries of the Southwest Florida Water Management District, and that portion of Hillsborough County within the following sections (all Townships are South; all Ranges are East):

Township 29, Range 19: All whole or partial Sections South of State Road 60

Township 29, Range 20: All whole or partial Sections South of State Road 60

Township 29, Range 21: All whole or partial Sections South of State Road 60

Township 29, Range 22: All whole or partial Sections South of State Road 60

Township 30, Range 19: All Sections

Township 30, Range 20: All Sections

Township 30, Range 21: All Sections

Township 30, Range 22: All Sections

Township 31, Range 18: All Sections

Township 31, Range 19: All Sections

Township 31, Range 20: All Sections

Township 31, Range 21: All Sections

Township 31, Range 22: All Sections

Township 32, Range 18: All Sections

Township 32, Range 19: All Sections

Township 32, Range 20: All Sections

Township 32, Range 21: All Sections

Township 32, Range 22: All Sections

Township 33, Range 15: All Sections

Township 33, Range 16: All Sections

and that portion of Polk County within the Southwest Florida Water Management District and within the following sections:

Township 26, Range 26: All whole or partial Sections South of Interstate 4    

Township 27, Range 23: All whole or partial Sections South of Interstate 4

Township 27, Range 24: All whole or partial Sections South of Interstate 4

Township 27, Range 25: All whole or partial Sections South of Interstate 4

Township 27, Range 26: All Sections

Township 27, Range 27: Sections 25 through 36

Township 27, Range 28: Section 31

Township 28, Range 23: All Sections

Township 28, Range 24: All Sections

Township 28, Range 25: All Sections

Township 28, Range 26: All Sections

Township 28, Range 27: All Sections

Township 28, Range 28: All Sections

Township 29, Range 23: All Sections

Township 29, Range 24: All Sections

Township 29, Range 25: All Sections

Township 29, Range 26: All Sections

Township 29, Range 27: All Sections

Township 29, Range 28: All Sections

Township 29, Range 29: Sections 19, 30, 31

Township 30, Range 23: All Sections

Township 30, Range 24: All Sections

Township 30, Range 25: All Sections

Township 30, Range 26: All Sections

Township 30, Range 27: All Sections

Township 30, Range 28: All Sections

Township 30, Range 29: Sections 5, 6, 7, 8, 18, 19, 30, 31

Township 31, Range 23: All Sections

Township 31, Range 24: All Sections

Township 31, Range 25: All Sections

Township 31, Range 26: All Sections

Township 31, Range 27: All Sections

Township 31, Range 28: All Sections

Township 31, Range 29: Section 6

Township 32, Range 23: All Sections

Township 32, Range 24: All Sections

Township 32, Range 25: All Sections

Township 32, Range 26: All Sections

Township 32, Range 27: All Sections

Township 32, Range 28: All Sections.

2. As shown in Figure 2-1, the area for the MIA of the Southern Water Use Caution Area is as follows:

Township 30, Range 19, Sections 2 through 36;

Township 30, Range 20, Sections 17 through 22; and 27 through 36;

Township 31, Range 18, all sections;

Township 31, Range 19, all sections;

Township 31, Range 20, all sections;

Township 31, Range 21, Sections 6 through 8; 17 through 20; and 29 through 32;

Township 32, Range 18, all sections;

Township 32, Range 19, all sections;

Township 32, Range 20, all sections;

Township 32, Range 21, Sections 5 through 7;

Township 33, Range 16, all sections;

Township 33, Range 17, all sections;

Township 33, Range 18, all sections;

Township 33, Range 19, all sections;

Township 33, Range 20, all sections;

Township 33, Range 21, Sections 19, 30, 31;

Township 34, Range 16, all sections;

Township 34, Range 17, all sections;

Township 34, Range 18, all sections;

Township 34, Range 19, all sections;

Township 34, Range 20, all sections;

Township 34, Range 16, all sections;

Township 34, Range 17, all sections;

Township 34, Range 18, all sections;

Township 34, Range 19, all sections;

Township 34, Range 20, all sections;

Township 34, Range 21, Sections 6 through 8; 17 through 20; and 29 through 32;

Township 35, Range 16, all sections;

Township 35, Range 17, all sections;

Township 35, Range 18, all sections;

Township 35, Range 19, all sections;

Township 35, Range 20, all sections;

Township 35, Range 21, Sections 5 through 8; 17 through 20; and 30;

Township 36, Range 17, all sections;

Township 36, Range 18, all sections;

Township 36, Range 19, Sections 1 through 24; and 27 through 32;

Township 36, Range 20, Sections 2 through 10; and 17 and 18;

Township 37, Range 17, Sections 1 through 18;

Township 37, Range 18, Sections 1 through 10; and 17 and 18.

Township 34, Range 21, Sections 6 through 8; 17 through 20; and 29 through 32;

Township 35, Range 16, all sections;

Township 35, Range 17, all sections;

Township 35, Range 18, all sections;

Township 35, Range 19, all sections;

Township 35, Range 20, all sections;

Township 35, Range 21, Sections 5 through 8; 17 through 20; and 30;

Township 36, Range 17, all sections;

Township 36, Range 18, all sections;

Township 36, Range 19, Sections 1 through 24; and 27 through 32;

Township 36, Range 20, Sections 2 through 10; and 17 and 18;

Township 37, Range 17, Sections 1 through 18;

Township 37, Range 18, Sections 1 through 10; and 17 and 18.

3. The Ridge Lakes are those lakes located anywhere within Highlands County and Polk County within the boundaries of the Southwest Florida Water Management District within the following Sections:

All of Highlands County within the boundaries of the Southwest Florida Water Management District, and that portion of Polk County within the Southwest Florida Water Management District and within the following sections (all Townships are South; all Ranges are East):

Township 26, Range 25: Partial Section 36 South of Interstate 4

Township 26, Range 26: Partial Sections 28, 29, 31, and 32 South of Interstate 4 and whole Section 33

Township 27, Range 25: Partial Sections 1, 2, 7, and 8 South of Interstate 4 and whole Sections 9 through 29, and 32 through 36

Township 27, Range 26: Sections 4 through 9, 16 through 21, and 25 through 36

Township 27, Range 27: Sections 25 through 36

Township 27, Range 28: Section 31

Township 28, Range 25: Sections 1 through 4, 9 through 15, 22 through 26, and 35 through 36

Township 28, Range 26: All Sections

Township 28, Range 27: All Sections

Township 28, Range 28: Sections 6 through 7, 17 through 22, 27 through 32, and Section 34

Township 29, Range 25: Sections 1, 2, and 11 through 14

Township 29, Range 26: Sections 1 through 18, and 23 through 24

Township 29, Range 27: All Sections

Township 29, Range 28: Sections 6 though 7, and 18 through 36

Township 29, Range 29: Sections 19, 30, 31

Township 30, Range 27: All Sections

Township 30, Range 28: All Sections

Township 30, Range 29: Sections 5 through 8, 18, 19, 30, 31

Township 31, Range 27: All Sections

Township 31, Range 28: All Sections

Township 31, Range 29: Section 6

Township 32, Range 27: All Sections

Township 32, Range 28: All Sections

4.2. Regulations applicable to this Water Use Caution Area are specified in this chapter and in the Basis described in Rule 40D-2.091, F.A.C., and are incorporated into this rule. Regulations filed with the Secretary of State in June 2006 relating to the SWUCA shall become effective December [6 months from effective date of this rule], 2006. Regulations relating to SWUCA effective January 1, 2003 and December [6 months from effective date of this rule], 2006, are not intended to affect, and shall not be construed to affect, any water use permit that does not have a withdrawal point within the SWUCA.

5.3. Any permit with a withdrawal point located within the boundaries of the SWUCA is deemed to be within the SWUCA. Permits with permitted withdrawals in more than one Water Use Caution Area (WUCA) shall be subject to the conservation and reporting requirements 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 Minimum Flows and Levels requirements, as set forth in Chapter 40D-2, F.A.C. and this Basis of Review for Water Use Permit Applications.

6.4. All Water Use Permits with withdrawal points within the SWUCA Water Use Caution Area are hereby modified to conform with this paragraph 40D-2.801(3)(b)(d), F.A.C., except as provided in subparagraph 5., above, and the applicable SWUCA criteria specified in Chapters 3, 4, 5, and 6 of the Basis of Review described in Rule 40D‑2.091, F.A.C., are incorporated into all such Water Use Permits.

5. In order to ensure that actual ground water use does not worsen the water resource problems in the SWUCA, the District will monitor usage by water use category. Whenever the water used by any category of user, except public supply, during the preceding three years exceeds water used by that category from January 1, 1989 through December 31, 1991, a study will be initiated. The study will determine why current usage by that category of user exceeded usage in the years 1989 through 1991. The study will be based primarily on water use data for the category of user studied rather than on seasonal or localized changes in the potentiometric surface. The study will be provided to the Board for it to determine if rulemaking or other actions should be taken.

7. The SWUCA is a water resource caution area for purposes of Chapter 403, F.S., and Chapter 62-40, F.A.C.

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, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Assistant General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the Southwest Florida Water Management District.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 28, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July, 15, 2004; October 18, 2004; November 8, 2004 and December 6, 2004. In addition, the District's Southern Water Use Caution Area public/staff work group met and public workshops were held on January 19, 2005 and September 19, 2005. The proposed rules were also considered during the District’s Governing Board monthly meetings on January 25, 2005; August 30, 2005; October 25, 2005; December 1, 2005; January 24, 2006; February 21, 2006 and March 28, 2006, all of which were noticed in the FAW.