The purpose of this rulemaking is to amend the Water Use Permit Applicant’s Handbook Part B, Section 1.4.13 to establish an exception from certain water use permitting requirements for the Board of Trustees of the Internal Improvement Trust Fund ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-2.021Definitions

40D-2.091Publications Incorporated by Reference

40D-2.301Conditions for Issuance of Permits

40D-2.321Duration of Permits

40D-2.331Modification of Permits

40D-2.351Transfer of Permits

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend the Water Use Permit Applicant’s Handbook Part B, Section 1.4.13 to establish an exception from certain water use permitting requirements for the Board of Trustees of the Internal Improvement Trust Fund when property leased from the Board of Trustees to a local government extends through the water use permit term, and to incorporate the change thereto, make corresponding amendments to Chapter 40D-2, F.A.C. The effect of this rulemaking will be to decrease regulation by alleviating the need for the Board of Trustees to be a co-applicant for certain water use permits of local governments.

SUMMARY: The proposed amendments will relieve the Board of Trustees from having to be a co-applicant for a water use permit when land leased from the Board to a local government extends through the water use permit term. The proposed revisions provide more options to both the Board and local governments. Local governments will no longer have to solicit the Board to be a co-applicant, and the Board will no longer have to be a co-applicant or the sole applicant. The proposed revisions, requested by the Board and desired by local governments, provide additional regulatory flexibility for water use permit applicants.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

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.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.118, 373.171 FS.

LAW IMPLEMENTED: 373.083, 373.116, 373.118, 373.171, 373.216, 373.217, 373.219, 373.223, 373.229, 373.236, 373.239, 373.243 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899, telephone: [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email: [e-mail]. 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 IS: Natalia Santiago, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone], ext. 4657, email: [e-mail] (OGC #2015008)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

WATER USE PERMIT APPLICANT’S HANDBOOK PART B

 

1.4.13CONTROL OF PROPERTY AND ACTIVITIES.

1. Applicants must demonstrate ownership or legal control of all property on which pumps, wells, diversions or other permitted facilities are or will be located. Applicants seeking renewal or modification of a WUP authorizing less than 100,000 gpd annual average quantities will not be required to demonstrate continued ownership, provided current property appraiser records confirm that there is no change in property ownership from what is documented in District records for the WUP to be renewed or modified.

Except for Self-Relocations as described below, applications for leased property, except property that is (a) leased from the District; or (b) leased from the Board of Trustees of the Internal Improvement Trust Fund to a local government when such leasehold extends through the water use permit term, must be either a joint application in the name of the lessee and the property owner(s) or be only in the name of the property owner(s). If there are multiple property owners, all owners must sign the application form or sign an attachment to the application form indicating their joinder in the application, and all property owners will be Permittees on the WUP when issued. In the case of an application for Self-Relocation, a WUP may be issued solely to the lessee if the lessee and the Permittee on the permit to be Self-Relocated are identical.

2. through 6. No change.

 

CHAPTER 40D-2, F.A.C.

CONSUMPTIVE USE OF WATER

40D-2.021 Definitions.

The following definitions shall apply Districtwide when used in this chapter and in the District’s Water Use Permit Applicant’s Handbook Part B, (WUP Applicant’s Handbook), (__/__) (05/14), (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), incorporated by reference in Rule 40D-2.091, F.A.C., except as specifically limited:

(1) through (15) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 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, 373.709 FS. History–New 1-1-07, Amended 12-30-08, 4-27-10, 6-16-11, 5-19-14, ________.

 

40D-2.091 Publications and Forms Incorporated by Reference.

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:

(a) Water Use Permit Applicant’s Handbook Part B (also referred to as the WUP Applicant’s Handbook) (__/__) (5/14), (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676).

(1)(b) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 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, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, 6-16-11, 12-12-11, 10-14-12, 2-7-13, 2-18-13, 5-19-14, ________.

 

40D-2.301 Conditions for Issuance of Permits.

(1) through (3) No change.

(4) The standards and criteria set forth in the WUP Applicant’s Handbook Part B, (__/__) (05/14), (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), shall be used to provide the reasonable assurances required in subsections 40D-2.301(1) and (2), F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229 FS. History–New 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, 1-1-07, 5-26-10, 6-30-10, 5-19-14, ________.

 

40D-2.321 Duration of Permits.

(1) When requested by an applicant, a WUP shall have a duration of 20 years provided the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), for the requested duration.

(2) If there are pre-existing adverse impacts resulting from the permittee’s existing permit that are being addressed through a mitigation plan that includes a minimum flow and recovery strategy that must be eliminated by the tenth year of the permit, the water use permit shall have a duration of 10 years provided that the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), for the permit’s duration. Subsection (3) shall not apply to a permit required to have a 10 year duration pursuant to subsection 40D-2.321(2), F.A.C.

(3) Permits that do not qualify for a 20 year permit duration pursuant to subsection 40D-2.321(1), F.A.C., shall be issued for a shorter duration that reflects the period for which the applicant has provided sufficient data to demonstrate such reasonable assurances that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676).

(4) through (7) No change.

Rulemaking Authority 373.044, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–New 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, 1-1-07, 2-13-08, 12-30-08, 6-30-10, 1-1-13, 5-19-14, ________.

 

40D-2.331 Modification of Permits.

(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. Notwithstanding, a permittee may seek modification for the sole purpose of modifying the expiration date if it is pursuant to subsection 40D-2.321(5), F.A.C, or when a public water supply permittee achieves demonstrable savings attributable to implementation of a water conservation plan pursuant to Sections 2.4.8.6 and 2.4.8.7 of the Applicant’s Handbook. A permit expiration date may also be modified upon request and documentation by the permittee, if the modification application is deemed by the District to be substantial, as described in the WUP Applicant’s Handbook Part B Section 1.4.11 resulting in the modification application to (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), be processed as a renewal application with modification. A request for modification shall be reviewed in accordance with the rules in effect at the time the modification is filed.

(2) through (3) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.171, 373.219, 373.236, 373.239 FS. History–New 10-5-74, Formerly 16J-2.14(1), Amended 10-1-89, 2-10-93, 7-29-93, 1-1-07, 8-23-07, 7-1-09, 11-2-09, 7-10-13, 5-19-14, ________.

 

40D-2.351 Transfer of Permits.

(1) through (3) No change.

(4) Applications for partial transfers of permits shall be made in accordance with the WUP Applicant’s Handbook Part B, (__/__) (5/14), (______________________________) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03676), Section 1.4.9.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219 FS. History–New 10-1-89, Amended 2-10-93, 3-30-93, 2-1-05, 10-19-05, 11-25-07, 8-30-09, 10-14-12, 5-19-14, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Melissa Knight Nodhturft, Staff Attorney

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 9, 2015