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-2.101: Content of Application
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 proposed simultaneously in Chapter 40D-8, F.A.C., and the rules proposed in this Chapter 40D-2, F.A.C., and in Chapter 40D-80, F.A.C., 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 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, Formerly 16J-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-2.101 Content of Application.

In order to obtain a Water Use Permit, an applicant shall file with the District the appropriate form entitled “Water Use Permit Application” including the appropriate supplemental forms. The Application shall include the following information:

(1) through (2) No change.

(3) All applications shall include a list of the names and mailing addresses of all owners of real property, as taken from the latest tax rolls, together with the names and addresses of any new owners not yet placed upon the tax rolls but of which the Applicant has actual knowledge, whose property is located within the distances prescribed below, which shall be attached to and become a part of the permit application:

(a) If the application is for a withdrawal from a lake or other impoundment, as defined in Rule 40D-1.102 40D- 0.021, F.A.C., having a water surface of 80 acres or less, all riparian owners of lands adjoining such lake or other impoundment shall be included. If such water surface is in excess of 80 acres, all riparian owners along the shoreline, extending for 660 feet in each direction from the points where the lateral boundaries of the Applicant’s property intersects the shoreline, shall be included.

(b) If the application is for a withdrawal from a stream or other watercourse, as defined in Rule 40D-1.102 40D- 0.021, F.A.C., and the withdrawal is for not more than five million gallons during a single day (5 MGD), all riparian owners of lands within 660 feet upstream and within 1,320 feet downstream from the points where the extreme lateral boundaries of the Applicant’s property intersects with the shoreline, shall be included; if such withdrawal is for more than five million gallons during a single day (5 MGD), all such owners of lands within 1,320 feet upstream and within 2.640 feet downstream from such points shall be included.

(c) No change.

(4) through (7) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.229 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, 10-1-89, 10-23-89, 2-10-93, 1-1-03, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93, 7-15- 99, 1-1-03,_______.

 

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 achieve 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) Where a permit is required for the development of Alternative Water Supplies, such permit will be granted for a duration of 20 years. If the permittee issues bonds for the project’s construction, the permit shall be extended for the time required to retire the bonds, in accordance with Section 373.236(4), F.S.

(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), 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) 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), and (4) and (5).

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.

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.

(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.

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

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 paragraph 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,________.

 

 

BASIS OF REVIEW

The following changes are made to Chapter 1.0:

PERMITTING PROCEDURES

1.2 PERMITS REQUIRED

1. Permits are required in accordance with the thresholds identified in Rule 40D-2.041, F.A.C., for the use of fresh and saline, ground and surface water sources.                                                                                                                                The use of seawater and treated wastewater effluent does not require a Water Use Permit.

2. In addition, in the area designated as the Most Impacted Area of the Eastern Tampa Bay Water Use Caution Area as set forth in subparagraph 40D-2.801(3)(b)2., F.A.C., Sections 7.2 VIII A. and B. and Figure 7.2-2, Basis of Review for Water Use Permit Applications withdrawals from wells with a cumulative outside diameter of greater than six 6‑inches constructed after April 11, 1994 require a Water Use Permit.                                                                                                                                This requirement does not apply to any proposed well less than six 6 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.

(For related rules on this issue, see Chapter 40D‑2.041, F.A.C.)

Amended _________

The last paragraph of Section 1.6, Application Review Process, is changed as follows:

1.6 APPLICATION REVIEW PROCESS

General water use permits may be issued by District staff for applications which meet the following criteria:

1. Tthe average annual daily withdrawal is less than 500,000 gpd;

2. Tthe application meets the Conditions for Issuance set forth in Rule Section 40D-2.301, F.A.C.

Amended _________

1.7 POTENTIALLY AFFECTED PARTIES

Upon receipt of permit application, the District will publish notice in a newspaper of general circulation near the location of the proposed withdrawal. The District will also provide a copy of such notice to any applicable county or city government from which boundaries the withdrawal is proposed to be made. At the option of the applicable county or city government, the District will provide the notice via regular mail or electronic mail. The notice to the applicable county or city government will include information, when applicable, that the application is for a relocation or competition pursuant to Section 373.233, F.S. Interested persons may request to be provided notice of agency action on a permit application.

Amended _____, 2006.

1.9.9 DURATION OF PERMITS UTILIZING ALTERNATIVE WATER SUPPLIES WITHIN THE SWUCA

Standby Alternative Source Permits shall have a duration of 20 years except that, when all or part is permanently reactivated, the portions reactivated shall have a duration in accordance with 40D-2.321(2), (3) and (4).

Permits for the development of Alternative Water Supplies that require a water use permit in the SWUCA shall be separately issued from other water use permits that the applicant may receive for non-alternative water supplies. Subject to Section 373.236, F.S., where required and issued, a permit for the development of alternative water supplies shall have a duration of 20 years, if requested by the applicant for a new, extended or renewal permit and provided that the water use is intended to be in place for that duration. A longer duration may be granted provided that the conditions of Section 373.236(4), F.S., are met.

1-1-03, Amended _____, 2006

1.12 MODIFICATION OF PERMITS

1. No change.

2. Letter Modification.

a. Applicants may submit a modification short form to modify an existing permit by letter provided:

(1) The annual average daily withdrawal will not increase by more than 100,000 gpd, or more than ten percent 10% of the total;

(2) The use of the water will not change;

(3) The modification does not cause the total annual average daily quantity to equal or exceed 500,000 gpd; and

(4) The proposed changes would not cause adverse impacts beyond those considered in the initial permit;

(5) The modification does not request an extension of a permit term;

(6) The modification does not request a Self-Relocation; and

(7) The proposed change is not an increase in water withdrawals that are projected to impact a water body in the SWUCA that is below or is projected to be below its established Minimum Flow or Level Water.

b. A letter modification shall be used to activate a Standby Alternative Water Supply Permit where there is a loss of Alternative Water Supplies as described in Section 3.1, Chapter 3 of this Basis of Review, in the paragraph titled “Loss of Alternative Supplies.”

c.b. There is no limit to the number of letter modifications that can be requested during the permit term, provided that the sum total of the withdrawal quantity modifications does not exceed the criteria presented in this section.

d.c. If the District determines that a request for letter modification does not meet the qualifications stated above, the applicant will be informed that the desired changes must be made through the formal modification process, and the request for letter modification will be returned to the applicant and will not be deemed to be an application.

(For related rules on this issue, see Rule 40D-2.331, F.A.C.)

_________, 2006

The following changes are made to Chapter 2.0:

ADMINISTRATIVE CONSIDERATIONS

2.5 PUBLIC WATER SUPPLY SERVICE AREA

A public supply permit Applicant must define the entire area proposed to be serviced by the public supply system during the term of the permit. This area includes both the service area in which the supplier has the ability and legal right to distribute water, as well as other areas where an entity purchases water wholesale from the Applicant. Requested quantities for areas proposed to be supplied must be supported with detailed demand information and plans of the supply system proposed to accomplish this service. In cases where the Applicant does not have political control over a portion or portions of the area supplied (e.g., a county utility supplies a city), detailed demand information for the entire area will be required from the wholesaler. Wholesalers must provide the District with a written agreement from the water purchasers to abide by the conditions of the wholesaler’s permit. Service areas are not considered to be under the control of the Applicant in terms of consideration of off-site impacts. Where there is a potential for adverse impacts to existing legal users due to the applicant’s withdrawals, whether within or outside the applicant’s service area, the applicant shall submit a plan by which the potential impacts shall be monitored and mitigated if such impacts should occur. Nothing in this provision shall affect continuation of Tampa Bay Water’s Well Mitigation Policy set forth in Rule 49B-3.005, F.A.C., dated May 20, 2001. The Applicant may be required to monitor and mitigate potential impacts to existing users within the applicant's service area.

Amended _________

The following section titled “Public Water Supply Service Area Within The SWUCA” is added after Section 2.5 “Public Water Supply Service Area”

PUBLIC WATER SUPPLY SERVICE AREA WITHIN THE SWUCA

A public supply utility permit Applicant must define the entire area proposed to be serviced by the public supply system or utility with potable water during the term of the permit.

A public water supply utility may have separate, discreet service areas; however, if water is routinely transferred between service areas, the service areas are counted as one.

An applicant’s public supply service area is composed of the following, unless the applicant demonstrates that factors unique to its utility make one or more of these situations inapplicable to the determination of the applicant’s service area:

1. The current and projected geographic retail area for which a public water supply utility intends to provide and bill for potable water for the duration of the permit.

2. The current and projected geographical retail areas of a public water supply utility that is not required to have a Wholesale Water Use Permit but which purchases water wholesale from the Applicant;

3. Areas where the Applicant bills for water use although another entity or utility has a Wholesale Water Use Permit for distribution of the water to the population.

The area for which a Wholesale Public Supply Permittee distributes potable water and bills customers for that water is not included in the wholesaler supplier's service area.

Public water supply applicants and their wholesale customers that operate “community water systems” as that term is defined by the Florida Department of Environmental Protection, shall be considered public water supply “utilities.”                                                                                                                                For the purposes of this rule, an entity which submeters a master-metered connection to a utility and bills for the metered water use is not considered a public water supply utility.

Public supply permit Applicants with a defined service area must submit an up-to-date map of the service area with clearly marked, identifiable boundaries at the time of application for a new permit, permit modification (not letter modification) or permit renewal. The map must clearly delineate the current area served from any proposed service area(s) if the current and proposed areas are not the same, and the applicant is applying for quantities for the proposed service area. The map may be paper or District compatible electronic file format.                                                                                                                                During the term of the permit, for permits with durations longer than six years, an up-to-date service area map shall be submitted every six years. With each service area map submittal, the following information must be included:

1.  A current general utility contact person name, title, email address and phone number.

2. A current contact person name, title, email address and phone number whom District staff may call concerning the service area map.

3. The metadata for the map if the map is submitted as an electronic file that is compatible with the District’s format.

4. The District permit numbers and Florida Department of Environmental Protection Public Water Supply Identifier (PWSI) numbers and area designation names for each service area or sub-service area, as applicable.

5. An indication of routine water transfer interconnections between service areas and other utilities or wholesale suppliers or recipients.

6. The name, phone number, and District permit number(s) of each utility that purchases water on a routine basis from the permittee and the most recent year’s purchase quantity in millions of gallons per day.

7. The name, phone number, and District permit number(s) of each utility that the permittee purchase water from on a routine basis and the most recent year’s purchase quantity in millions of gallons per day.

Definable areas within a service area which are served by domestic potable wells shall be delineated and designated by the permittee as non-served areas unless documentation such as a capital improvement plan is provided that demonstrates that the area will be supplied by the applicant within the term of the permit. Quantities shall not be permitted for overlapping service areas or service areas that are in dispute.

New _________

3.0 REASONABLE WATER NEEDS

This section describes the factors involved in determining appropriate permit quantities for a particular water use.

The quantity of water needed is a function of demand for water, efficiency of the water treatment and distribution systems, water acquired from other sources, water sold or transferred to other entities, and conservation practices employed. Section 3.1 describes the factors to consider in determining the appropriate quantities. Section 3.2 describes the units in which the quantities are identified on the permit. The remaining sections (3.3 through 3.7) describe the procedures for estimating water needs using the components of demand for each water use type.

The following changes are made to Chapter 3.0:

The following paragraph is added as a second paragraph of Section 3.1 as follows:

3.1 DETERMINING REASONABLE QUANTITIES

Reasonable Water Needs In The SWUCA – The reasonable water needs of all applicants for permit renewals, New Quantities and Self-Relocation will be closely evaluated by the District. For renewals and Self-Relocations the evaluation period will be the previous permit term, taking into account climate variability, market conditions, and other factors that influence water withdrawals. Permittees who have not utilized the full previous allocation because circumstances prevented full implementation of the plan on which the allocation was based will be required to demonstrate that the need for the full allocation will occur within the next permit term.

To support any future needs, this demonstration must include substantive documentation of the proposed need such as materials orders, construction plans or an operations or business analysis or plan that otherwise specifically justifies the requested quantities. For water uses affected by rainfall, the demonstration may include information showing the relationship between actual rainfall amounts occurring over the previous permit term and any statistical rainfall analysis upon which the previous permit allocation was based that contributed to the permittee’s ability to use less than the full previous allocation. This paragraph shall be construed to provide for the allocation of sufficient quantities to meet the permittee’s reasonable-beneficial needs during drought conditions as otherwise set forth in this Chapter 3 and consistent with the District’s authority to address such uses during declared water shortages and emergency water shortages. In such cases, the permit term may be restricted to encompass the period over which the proposed need is projected to occur, or the permit may be conditioned to reduce the permitted quantities should the proposed need not develop.

New _____ 2006

The paragraph titled “Alternative Sources Within The SWUCA” is revised as follows:

ALTERNATIVE WATER SUPPLIES SOURCES WITHIN THE SWUCA

Reuse Goal – Water Use Permittees within the SWUCA who generate treated domestic wastewater are encouraged to demonstrate that maximization of beneficial reuse is occurring such that by September 30, 2004, fifty percent 50% or more of the total  annual  effluent  flow  is  beneficially  reused.

Beneficial reuse is the use of reclaimed water for one of the activities described below. The calculation of the percentage beneficially reused shall be based on the Permittee’s wastewater treatment plants with a capacity of 0.5 mgd or greater. Progress toward this goal shall be described in the Alternative Source Suppliers report described in Section 3.1, the paragraph titled “Alternative Source Suppliers Within The SWUCA,” below.

1-1-03, Amended __________

The subparagraph titled “Standby Permits” When Using Alternative Sources Within The SWUCA is deleted as follows:

Standby Permits When Using Alternative Sources Within The SWUCA – A New Primary Source Alternative Source permit will be issued in lieu of a water use permit where the applicant uses alternative sources (e.g. reclaimed water or stormwater).

1-1-03

The subparagraph titled “Golf courses Within The SWUCA” is changed as follows:

Golf Courses Within The SWUCA – If a proposed golf course within the SWUCA is linked with a residential development with its own domestic wastewater treatment plant, the applicant must submit estimates of wastewater generation with time, and will be required by permit condition to implement a phased conversion to reclaimed water when sufficient quantity is available.

When use of Aalternative Water Supplies sources is implemented, the fresh water sources will be permitted for standby purposes in case of a failure of the reclaimed water supply.

1-1-03, Amended _________.

The Paragraph titled “Reporting Alternative Source Quantities Within The SWUCA” is changed as follows:

REPORTING ALTERNATIVE WATER SUPPLY SOURCE QUANTITIES WITHIN THE SWUCA

Alternative Water Source Suppliers Within The SWUCA – Governmental or other entities holding Water Use Permits within the SWUCA and which generate treated wastewater effluent or supply stormwater shall submit an annual Suppliers of Alternative Source Report. This requirement shall be implemented by attaching a permit condition to all applicable permits upon January 1, 2003. The Suppliers of Alternative Water Supplies Source Report will require the Permittee to provide information about locations and quantities of Alternative Water Supplies delivered sources supplied, effluent disposed and supplied as beneficial reuse, and information about individual customer reuse connections.

1-1-03, Amended _______

The subparagraph titled “Alternative Source Receivers Within the SWUCA” is changed as follows:

Alternative Water Supply Source Receivers Within The SWUCA – All permitted uses within the SWUCA which receive reclaimed water or stormwater (e.g. golf courses, industrial/commercial uses, agricultural uses, etc.) shall be required to meter, record and report Aalternative source quantities and sources on a monthly basis.

Permittees shall list the alternative source supplier’s name, location, and quantities obtained in gallons per day, for each source. This requirement shall be implemented by attaching a permit condition to all applicable permits.

1-1-03, Amended ___________.

The following provisions are added after the subsection titled “Investigate Desalination Within the SWUCA”:

Permits With Alternative Water Supplies In The SWUCA

New Permits – If an application includes the use of Alternative Water Supplies to supply all or a portion of the requested demand, and the applicant demonstrates that, through no fault of the applicant, the Alternative Water Supplies are vulnerable to becoming unavailable, insufficient or unsuitable for the authorized use, upon request by the applicant, a permit will be issued that puts use of the non-alternative source on standby status, provided the withdrawal and use of the non-alternative water supply source meets all the conditions for issuance. The standby permit will be for an amount equal to the quantity offset by the Alternative Water Supplies. This standby quantity is to be used only when the Alternative Water Supplies become unavailable, insufficient or unsuitable for the authorized use; or economically, technically or environmentally infeasible.

In no case will the standby quantity exceed the permitted quantity.

New ______, 2006

Existing Permits – Where Alternative Water Supplies provide all or a portion of permitted quantities, and if requested by the applicant, a permit will be issued that puts use of the water source on standby status, in an amount equal to the quantity offset by the Alternative Water Supplies. This standby permit is to be used only when, for reasons outside the Permittee’s control, the Alternative Water Supplies become unavailable, insufficient or unsuitable for the authorized use; or economically, technically or environmentally infeasible.

In no case will the standby quantity exceed the permitted quantity.

New____, 2006

Loss of Alternative Water Supplies – Where a permittee is to use an Alternative Water Supply in lieu of a non- Alternative Water Supply and the Alternative Water Supply becomes temporarily (exceeding 30 days) insufficient or unsuitable, the permittee shall notify the District in writing within 15 days of the event. Such notification shall be submitted monthly for each subsequent 30 days, for up to one year from the date of first loss, while the supply of alternative water supplies remains insufficient or unsuitable for the authorized use. During this time, the withdrawal of standby quantities is allowed to meet the authorized use up to the maximum amount of the permitted standby quantities. If the loss of the Alternative Water Supplies exceeds one year, the District shall issue a Letter of Modification, subject to all requirements of subsection 40D-2.331(2), F.A.C., to modify the non-alternative water supplies quantities that may be withdrawn.

If the standby permit is for a withdrawal within the SWUCA, a Letter of Modification shall be issued to modify the quantities that may be withdrawn even if the quantities to be withdrawn exceed the quantity thresholds included in subsection 40D-2.331(2), F.A.C.

New ________2006

The following provisions are deleted:

STANDBY ALTERNATIVE SOURCE PERMIT

An Alternative Source Permit will only be issued where all water use permit permitting criteria for the primary source are met, but the applicant elects to use an alternative source for all or part of its demand.

1-1-03

1. New Primary Alternate Source Permit: A New Primary Alternate Source (NPAS) permit will be issued in lieu of a water use permit where the applicant has an alternate source (e.g., reclaimed water or stormwater) available at the time of application and only needs a primary source (ground water or surface water withdrawals from natural water bodies) permitted in the event of the loss of the alternate source.

1-1-03

2. Existing Primary Alternate Source Permit: The water use permit, under which any or all withdrawals have been discontinued from the ground water or natural surface water body (primary source) due to use of an alternate source (e.g. reclaimed water or stormwater), shall be modified to be an Existing Primary Alternate Source (EPAS) permit.  The primary quantities replaced on the water use permit shall no longer be withdrawn except as provided in 3. below.

1-1-03

3. Activation of NPAS and Reactivation of EPAS Primary Source Withdrawals.

a. Permanent Loss – If the NPAS or EPAS Permittee permanently loses the use of the alternative source, authorization to use the primary source shall be obtained from the District prior to withdrawals being made.

b. NPAS Permittees shall submit an application for a water use permit to permanently activate, in whole or in part, the previously unused primary source.  The application shall be supported by evidence of permanent loss of the alternative source and shall be submitted to the District within two weeks of learning of the non-availability of the alternative source.  If only a portion of the alternative source is lost, the Permittee shall also submit an application to eliminate the activated primary source quantities that were on the NPAS Permit.

c. EPAS Permittees shall submit a written request to reactivate, in whole or in part, the primary source within two weeks of learning of the non-availability of the alternative source.  The request shall be supported by evidence of permanent loss.  If all of the alternative source is lost, the District will issue a water use permit for withdrawal from the primary source in the same quantities and same use as was previously permitted on their water use permit.  Any changes from the previous water use permit, including the expiration date, must be done via a modification or renewal of the water use permit.  If only a part of the alternative source is lost, the Permittee shall submit an application to modify their Existing Primary Alternative Source permit to reflect the new operation.

1-1-03

4. 30 Days or Less Temporary Loss – If the Alternative Source Permittee loses the use of the alternative source for 30 days or less, the Alternative Source Permittee is hereby authorized to activate the primary source provided that the District is notified in writing within 48 hours after withdrawal begins. The Alternative Source Permittee shall notify the District within 48 hours of the re-availability of the alternative source, and the withdrawals from the primary source shall cease. Alternative Source Permittees may activate the primary source for crop protection or when the alternative source is not available at sufficient quantities or pressures so long as the cumulative number of days of such activation does not exceed 30 days in one calendar year.  Activation of the primary source for crop protection or due to insufficient quantity or pressure need not be reported to the District within 48 hours of activation but shall be reported on the monthly pumpage report.

1-1-03

More than 30 days Temporary Loss – If the Alternative Source Permittee loses the use of the alternative source for more than 30 days, the Alternative Source Permittee is hereby authorized to activate the primary source quantities provided that the District is notified in writing within 48 hours after withdrawal begins. The District will evaluate the circumstances of and length of time for which the alternative source will be unavailable and notify the Alternative Source Permittee whether the pumping of the primary source under the existing NPAS or EPAS can continue to be made.

1-1-03.

The following provisions are added to the end of the subsection titled “Conservation”:

CONSERVATION

Water Conservation Within The SWUCA – Applicants must demonstrate that technically and economically feasible water conservation opportunities have been or will be employed. Evaluation of this requirement will include relevant Best Management Practices (BMPs), recycling, and water-conserving technologies applicable to the proposed water uses.

______, 2006

Alternative Water Supplies Within the SWUCA – Applicants will be required to evaluate the use of potentially appropriate Alternative Water Supplies for technical, economic and environmental feasibility. This evaluation must determine whether alternatives are available to offset all or part of quantities obtained from any non-alternative water supply, as well as whether an offset is only available seasonally or on a time-limited basis.

Multiple Water Supply Sources Within the SWUCA – Where an applicant or permittee has non-Alternative Water Supplies and Alternative Water Supplies, the Alternative Water Supplies shall be used in lieu of non- Alternative Water Supplies to the greatest extent practical, based on economic, environmental and technical feasibility.

New ______, 2006

Within Section 3.2, "Permitted Withdrawal Quantities", the following changes are made:

b. PERMITTED WITHDRAWAL QUANTITIES

The title to the subsection titled “Annual Average Daily Withdrawal” is changed to read:

STANDARD ANNUAL AVERAGE DAILY WITHDRAWAL

The following subsection is added after the subsection described above titled "Standard Annual Average Daily Withdrawal":

DROUGHT ANNUAL AVERAGE DAILY WITHDRAWAL

The drought annual average daily withdrawal quantity is a statistical drought irrigation quantity that is the maximum annual irrigation amount permitted by the District, annualized over 365 days. For pasture the District uses a sixty percent statistical rainfall probability to calculate the drought annual average daily quantity, and for plastic mulched seasonal crops the District calculates the drought annual average assuming zero effective rainfall.  For crops, other than pasture, that can utilize rainfall, the District uses an eighty percent statistical probability (i.e., an eight-in-ten chance that there will be more rainfall) to calculate drought annual average daily withdrawal quantity.  This quantity does not include cold protection.

The following changes are made to Section 3.3 titled "Agriculture" as indicated below:

c. AGRICULTURE

Table 3-2 is revised as follows:

Table 3-2. Efficiency Standards and Rainfall Bases for Irrigation Permits Located In the SWUCA. Effective 1-1- 2003, Except Pasture Effective Upon Adoption, Credits Begin 1-1-2003.

 

Crop/Plant	Supplemental   Allocation   Efficiency	Credit Calculation   Efficiency	Supplemental   Allocation   Effective Rainfall   Basis	Credit Calculation   Drought   Basis
Citrus1	75%	75% at 2003   80% at 2005	Annual, 5 in 10	Annual, 2 in 10
Row Crops   With Mulch	75%   80% at 2004	N/A	Zero	N/A
Row Crops   w/o Mulch	75%   80% at 2004	75% at 2003   80% at 2005	Seasonal, 5 in 10	Seasonal, 2 in 10
Nursery    Container	75%	75% at 2003   80% at 2005	Annual, 5 in 10	Annual, 2 in 10
Nursery    Field Grown	75%	75% at 2003   80% at 2005	Annual, 5 in 10	Annual, 2 in 10
Pasture	75%	N/A	3 months2, 6 5 in 10	N/A
Sod/Turf	75%	75% at 2003   80% at 2005	Annual, 5 in 10	Annual, 2 in 10
Field Crops	75%	75% at 2003   80% at 2005	Seasonal, 5 in 10	Seasonal, 2 in 10
Golf Courses, Playing,   Fields,   Cemeteries	75%	75% at 2003   80% at 2005	Annual, 5 in 10	Annual 2 in 10

 

1Based on 74% shaded area, equivalent to 89.4% of gross acreage once lateral movement of applied water is accounted for.

2  Three Driest Months in County. April, May and October. Effective 1-1-03, Amended ______. 2006.

 

PASTURE IRRIGATION WITHIN THE SWUCA

Applications for the irrigation of unimproved pasture will not be approved.  Authorization of water use for improved pasture may be given based on the three driest months of the year (April, May, October) if the Applicant documents that an operable irrigation system exists (or is proposed) and is capable of delivering the requested amount.  Permitted quantities for pasture irrigation will be based on the assigned efficiency standards set forth in Table 3-2 or historical irrigation quantities or schedules, whichever is less. 

For proposed systems, a schedule for implementation of the irrigation system is required, and the permit will be conditioned so that the pasture irrigation quantities are invalidated if not used within the time specified.

1-1-03, Amended _______.

The following two existing Basis of Review paragraphs found in 7.1 2.1, 7.2 2.1, 7.1 2.2 and 7.2 2.2 are being transferred to this section 3.3, will appear after the paragraph titled "Compliance", and are changed as follows:

Compliance Within The SWUCA – Permittees who exceed the allocated quantities, which include standard and drought quantities as applicable, shall submit a report to the District which shall include reasons why the allotted quantities were exceeded, measures taken to attempt meeting the allocated quantities, and a plan to bring the permit into compliance.  Allocated quantities are determined by multiplying the total irrigated acres by the total allocated inches per acre per season per crop.  Reports for Permittees not achieving the allotted quantities are subject to District approval. The District reserves the right to enforce the terms and conditions of the permit.  If the report is not approved, the Permittee is in violation of the Water Use Permit.

Transferred from 7.1 2.1 and 7.2 2.1 ________, 2006

The District will evaluate information submitted by Permittees who exceed their allocated quantities to determine whether the lack of achievement is justifiable and a variance is warranted.  Permittees may justify lack of achievement by documenting unusual water needs, such as unusual soil or weather conditions creating greater irrigation needs than normal.  However, even with such documented justification, phased reductions in water use shall be required unless the District determines that water usage was reasonable under the circumstances reported and that further reductions are not feasible.  For such Permittees, on a case-by-case basis, individual efficiency criteria may be developed for each management period.

Transferred from 7.1 2.2 and 7.2. 2.2 ________, 2006

The following changes are made to Section 3.6:

3.6 PUBLIC SUPPLY

The following is existing rule language being transferred from sections 7.1 1., and 7.2 1., and the sixth paragraph of 7.1 1.1, and 7.2 1.1 of the Basis of Review and will be added to Section 3.6 PUBLIC SUPPLY before the subsection titled “Per Capita Daily Water Use”:

SWUCA REQUIREMENTS

The following water conservation requirements designated to apply within the SWUCA shall apply to all public supply utilities and suppliers with Permits that are granted for an annual average daily quantity of 100,000 gallons per day or greater, as well as wholesale customers supplied by another entity which obtain an annual average daily quantity of 100,000 gallons per day or greater, either indirectly or directly under water use permits within the SWUCA Water Use Caution Area, regardless of the name(s) on the water use permit. Failure of a wholesale customer to comply may result in modification of the wholesaler’s permit to add a permit condition limiting or reducing the wholesale customer’s quantities, or other actions by the District.

Transferred from sections 7.1 1., and 7.2 1., and the sixth paragraph of 7.1 1.1, and 7.2 1.1 ____, 2006

PER CAPITA DAILY WATER USE WITHIN THE SWUCA

Adjusted Gross Per Capita – Within the Southern Water Use Caution Area, Adjusted Gross per capita daily water use is defined as withdrawals associated with residential, business, institutional, industrial, miscellaneous metered, and unaccounted uses.  Within the SWUCA permittees shall have an adjusted gross per capita daily water use rate no greater than 150 gallons per person per day (gpd). Permittees may deduct significant uses, treatment losses, and environmental mitigation. However significant uses must be reported if deducted Permittees with per-capita daily water use which is increased skewed by the demands of significant water uses can deduct these uses provided that these uses are separately accounted. However, they must be reported and accounted for in a water conservation plan developed by the applicant/permittee which includes specific water conservation programs for each user or type of use, as described in the section “Deducted Water Uses Within the SWUCA”, below.  The formula used for determining adjusted gross per capita is as follows:

WD + IM - EX - TL- SU – EM

FP Population

Where:

WD = ground water and surface water withdrawals

IM = water imported/bought from another supplier

EX = water exported/sold to other suppliers

TL = treatment loss (typically R/O or sand filtration)

SU = significant uses

EM = environmental mitigation, if required as a District permit condition

FP =functional population is the permanent population as adjusted by the seasonal resident, tourist, group quarters and commuter population within a utility’s service area as determined in accordance with “Requirements for the Estimation of Permanent and Temporal Service Area Populations,” dated _______2006, as set forth in Part D of the Basis of Review For Water Use Permit Applications.

Population = functional population

1-1-03, Amended _______, 2006

Significant Use Within the SWUCA – A significant use, which must be reported and may be deducted, is defined as an individual non-residential customer, excluding golf courses, using 25,000 gallons per day or greater on an annual average basis, or an individual non-residential customer whose use represents greater than five percent of the utility’s annual water use. Utilities with a large number of commercial accounts which fall below the 25,000 gpd individual significant use threshold may deduct the percentage of commercial use greater than the District-wide average of the three most recent years commercial use, provided that they do not deduct any individual significant uses and that they do not make population adjustments based on commuter population.

1-1-03

The following provisions are added in place of the text under the heading “Significant Use Within the SWUCA” above.

Public supply utilities often supply water for non-residential customers.  If this non-residential use complies with any of the following criteria (listed A through E below), the use may be termed a significant use and be deducted from the utility's total water use prior to calculating their Compliance Per Capita Use.  Whether or not any single significant use described in Part A below is deducted for compliance per capita calculation, all must be reported in the annual report. Golf course and multi-family residential use (whether classified by the utility as commercial customer or not) do not qualify as significant uses.

A. Single Significant Use – A single significant use is an industrial/commercial (I/C) facility or other non-residential, non-governmental facility (which may consist of one or more buildings under common ownership, maintenance and management control) that is supplied with greater than or equal to 25,000 gpd of water on an annual average basis (calculated for a calendar year), or whose water use comprises more than five percent of the utility's annual water use (calculated for a calendar year). Facilities that are not related under common ownership, maintenance and management control shall not be combined to meet a single significant use threshold. For reporting purposes, each single significant use shall be identified by customer name, and the annual gallons per day supplied to that customer shall be provided. If the 25,000 gpd criteria is used for a facility, the five percent criteria may not also be used, and vice-versa.

This significant use deduction can be used in conjunction with the significant use deductions associated with regional government, higher education, and regional health care facilities as described in Parts C. and D. below. All of the water provided to businesses where water itself is the primary ingredient in the product can be added to these deductions.  Such businesses are described in E below.

Exclusions: This single significant use deduction shall not be used if the permittee:

1. Uses the District-Wide Percent I/C Use method described below, or

2. Includes commuter population estimates in their service area population estimates.

B. District-Wide Percent I/C Use – Utilities with a large number of I/C (industrial/commercial) accounts, each of which fall below the 25,000 gpd single significant use threshold or the five percent of total utility use threshold may combine these smaller uses and deduct the percent of their I/C use that is greater than the District-wide three-year average percent I/C use which will be available annually from the District.  Documentation for this method shall include completion and submittal to the District of the I/C Worksheet, WUP Form No. ____(mo, year), where commercial accounts are to be grouped by meter size, the total number of accounts shown as well as the total quantities supplied to each meter-size group. The deduction shall be calculated as follows:

a. Sum the total actual use for these accounts and divide by the total Gross Water Use Form A of the Public Supply Per Capita Survey (supplied by the District) to determine the utility’s percent I/C use.

b. From the Public Supply residential water use tables in the District's three most recently published “Estimated Water Use” reports, add the total for each of the three year's Public Supply District “Gross Use” and add each of the three year's District “I/C Use”.

c. Divide the summed “I/C Use” by the summed “Gross Use” to derive the District-wide three-year average percent I/C use (to be referred to as the “District-Wide Percent I/C Use”).

d. Compare the Permittee’s percent I/C Use to the District-Wide Percent I/C Use. If the Permittees’ percent is equal to or less than the District-Wide Percent I/C Use, no deduction may be taken.  If the Permittee’s percent I/C use is higher, subtract the District-wide Percent I/C Use from the Permittee’s percent I/C use to find the difference in percentages.

e. Multiply the Permittee’s Gross Use by the difference in percentages.

Example:

1. A permittee’s Gross Use is 5 MGD, and their combined I/C Use is 1.5 MGD.  Their percent I/C Use is (1.5 MGD / 5 MGD) = 30%.

2. The sum of all Public Supply permittees’ “Gross Use” for 2000, 2001, and 2002, as published in the District’s 2000, 2001, and 2002 Estimated Water Use Reports, is 1,218 MGD, and the sum of all Public Supply permittees' “I/C Use” for the same three years is 283 MGD.

3. The District-wide Percent I/C Use is (283 MGD / 1,218 MGD) = 23.2%.

4. The permittee's percent is higher, so 30% - 23.2% = 6.8%

5. 6.8 % times 5 MGD = 0.340 MGD.

The permittee may deduct 340,000 gpd from their total water use prior to calculating the compliance per capita water use.

Exclusions: This method of significant use calculation may not be used if the permittee:

1. Uses any other significant use deduction method, or

2. Includes commuter population in its estimate of service area functional population.

C. Combined Regional Government and Higher Education Facilities – Some of the water provided to regional governmental or higher educational facilities (which may consist of one or more buildings under common ownership, maintenance and management) that are located inside the utility’s service area but also serve persons who live outside of the utility's service area may be deducted. The name and use for each facility deducted must be provided. The deduction shall be calculated as follows:

1. Add the gallons per day of water provided to all of these facilities.

2. Using the most recent U.S. Census for the county, determine the percent of the permanent county population not living in the utility’s service area.

3. Multiply the percent of county residents who do not live within the utility’s service area times the combined use of the facilities. The amount calculated can be deducted.

Note: City parks, recreation centers, public and private K-through-12 schools, city or town governmental facilities, local vocational-technological schools and other facilities which generally only serve the service area population shall be excluded. The following are examples of facilities for which the water provided may be partially deducted:

a. Community colleges, colleges and universities (public or private),

b. County, state, and federal regional administrative and maintenance facilities.

Exclusions: The water use of these facilities may not be deducted under the provisions of this section if the permittee:

a. Uses the District-Wide Percent I/C Use method, or

b. Includes commuter population estimates in service area population estimates.

D. Individual Regional Health Facilities – Some of the water provided to health care facilities such as regional hospitals or specialty clinics (which may consist of one or more buildings under common ownership, maintenance and management) that are inside the utility’s service area but also serve persons living outside the utility service area boundaries may be deducted.  The allowable deduction is calculated individually for each health care facility. It is the ratio of annual admissions with patient zip codes outside the service area to the total number of annual admissions times the water provided to the health care facility. The name and use for each facility must be provided.

Exclusions: The water use of these facilities may not be deducted as an individual significant use under the provisions of this section if the permittee:

1. Uses the District-Wide Percent I/C Use method, or

2. Includes commuter population estimates in service area population estimates.

E. Individual Industrial/Commercial Facilities Where Water is the Primary Ingredient of the Final Product – Individual facilities such as brewers, soft-drink bottlers, and juice reconstitution plants (which may consist of one or more buildings under common ownership, maintenance and management) where water is the primary ingredient of the final product may deduct one hundred percent of the water in the product.

The permittee may choose to also take single significant use deductions described in A. above or use commuter population in its estimate of the functional population, but not both.

Exclusions: The water use of such facilities cannot be deducted if the permittee uses the District-Wide Percent I/C Use method.  New ______, 2006

Deducted Water Uses Within The SWUCA – Any uses which are deducted from the per-capita daily water use based on the above guidelines shall be supported with documentation demonstrating that they are significant uses, environmental mitigation or treatment losses and shall include documentation of usage quantities. Multi-family residential accounts classified by the utility as commercial and irrigation accounts associated with residential accounts are not significant uses and may not be deducted. Additionally, all significant uses must be accounted for in a water conservation plan developed by the applicant/permittee which includes specific water conservation programs for each use or type of use. A water survey must be conducted for each individual significant use deducted under

A. Single Significant Use, D. Individual Regional Health Facilities, and E. Individual Industrial/Commercial Facilities Where Water is the Primary Ingredient of the Final Product, above. A water conservation plan and water survey specific to each business type (e.g., offices, restaurants, retail/wholesale, etc.) or group type (government or higher education) for each significant use that is deducted as a significant use shall be provided in lieu of a water conservation plan for each individual I/C customer included pursuant to B. District-Wide Percent I/C Use, and C. Combined Regional Government and Higher Education Facilities above. This survey shall document the types of water uses that occur within the significant user’s facility, the quantities associated with these uses, and any leak- detection or conservation activities undertaken by the user. Environmental mitigation quantities permitted by the District and treatment losses such as desalination reject water and sand-filtration backwash water shall be identified and reported separately, and shall not be included in the calculation of per-capita use. Water supplied to wholesale public supply customers that are not required to obtain a Wholesale Public Supply Water Use Permit shall be identified and reported separately, with a separate per-capita use calculated for each wholesale customer in addition to the wholesaler.

1-1-03, _______,2006

Reporting Adjusted Gross And Compliance Per Capita Within The SWUCA--All permittees shall calculate and report adjusted gross per capita water usage as outlined above.

1-1-03

Reporting Adjusted Gross Per Capita in the SWUCA – All permittees whose permit requires the submittal of pumpage data shall calculate and report adjusted gross per capita water usage annually as outlined above. If a permittee has an adjusted gross per capita rate greater than 150 gpd, the Permittee shall document why this rate was not achieved, measures taken to comply with this requirement, and a plan to bring the permit into compliance with the 150 gpd rate. This report is subject to District approval.  The District reserves the right to enforce the terms and conditions of the permit.

Transferred ______, 2006

The following is existing rule language being transferred from the eighteenth paragraph of section 7.1 1.1 and the seventeenth paragraph of section 7.2 1.1 the Basis of Review and will be added as follows:

The District will evaluate the information submitted by Permittees, including those operating under a Goal-based Water Conservation Plan, who do not achieve this these requirements to determine whether the lack of achievement is justifiable and a variance is warranted. Permittees may justify lack of achievement by documenting any unusual water needs, such as larger than average lot sizes with greater water irrigation needs. than normal-sized lots. However, even with such documented justification, phased reductions in water use shall be required unless the District determines that water usage was reasonable under the circumstances reported and that further reductions are not feasible. For such Permittees, on a case-by-case basis, individual water conservation requirements may be developed on a case-by-case basis for each management period.

Transferred _______, 2006

WATER-CONSERVING RATE STRUCTURE WITHIN THE SWUCA

Each water supply utility within the SWUCA Southern Water Use Caution Area shall adopt a water-conserving rate structure by January 1, 2004. If the Permittee already has a water conservation oriented rate structure, a deion of the structure, any supporting documentation, and a report on the effectiveness of the rate structure shall be submitted by January 1, 2003. Permittees that adopt a water conservation oriented rate structure pursuant to this rule shall submit the above listed information by July 1, 2004. New public supply permits shall adopt a water conservation oriented rate structure no later than two years from the date of permit issuance and shall submit a report describing the rate structure and its estimated effectiveness within one year following adoption.

1-1-03, __________, 2006.

RESIDENTIAL WATER USE REPORTS WITHIN THE SWUCA

Beginning January 1, 2003, public supply permittees in the SWUCA Southern Water Use Caution Area shall be required to annually report residential water use by type of dwelling unit, as required in “Annual Reports,” items 10, 11 and 12, below. Residential dwelling units shall be classified into single-family, multi-family (two or more dwelling units), and mobile homes. Residential water use consists of the indoor and outdoor water uses associated with these classes of dwelling units, including irrigation uses, whether separately metered or not. The permittee shall document the methodology used to determine the number of dwelling units by type and their quantities used. Estimates of water use based upon meter size may be inaccurate and will not be accepted.

1-1-03, ________, 2006.

ANNUAL REPORTS WITHIN THE SWUCA

Public supply permittees with a withdrawal point in the SWUCA Southern Water Use Caution Area, except those excluded by Rule 40D-2.801(b)(3), (5) and (6), F.A.C., whose permit requires the submittal of pumpage data shall submit the information specified below in an annual report covering the preceding calendar year,. This report is due no later than on April 1.

Those public supply permittees with a permit for less than 100,000 gpd annual average quantities and who have an adjusted gross per capita rate less than 150 gpd meet the applicable per capita requirements are required to submit items 1 through 6 and item 12 only.

1. Service area fFunctional population served and methodology for determining service area functional population (see related provision under the provisions of POPULATION ESTIMATES below);

2. through 10. No change.

11. The number of mobile homes served and their total water use, if not included in item 9. or 10. above;

12. through 14. No change.

15. With every sixth yearly report, a current service area map.

1-1-03, ________, 2006

CALCULATION OF TOURIST-ADJUSTED POPULATION

Where projected short-term tourist population data are available, tourist population data may be included in seasonally adjusted population estimates. Tourists generally only represent demand for indoor uses of water, so the Applicant should estimate tourist use at one-half of permanent or seasonal population daily use. This estimate is accomplished by utilizing one-half of the estimated tourist population for a given time period in calculations. For example, if November for a given year is projected to have a permanent population of 100,000, a seasonal population of 10,000, and a tourist population of 10,000, the November population to be used in the seasonally adjusted population calculation would be 100,000 + 10,000 + 0.5(10,000) = 115,000.

Service Area Functional Population Estimates Within the SWUCA

Permittees required to submit service area functional population estimates in the SWUCA shall estimate both permanent and temporal resident populations. Estimation of service area tourist and net commuter population may be estimated as well. All estimates must be prepared in accordance with "Requirements for the Estimation of Permanent and Temporal Service Area Populations," dated 2006, as set forth in Part D of the Basis of Review For Water Use Permit Applications. Public supply permittees whose permit requires the submittal of pumpage data shall submit the applicable Worksheets from Part D and supporting documentation for calculations of per capita rates utilizing this standardized methodology beginning two years from [the effective date of the rule].

New _____, 2006

The following subsection is added to the Section titled “Conservation Requirements Within The SWUCA” after the paragraph titled “Exemptions From Water Conservation Requirements”.

CONSERVATION REQUIREMENTS WITHIN THE SWUCA

GOAL-BASED WATER CONSERVATION PLANS

A public water supply utility may propose a goal-based water conservation plan that is tailored to its individual circumstances. Progress toward goals must be measurable. If the utility provides reasonable assurance that the plan will achieve effective water conservation at least as well as the water conservation requirements adopted by the District, including per capita requirements, and is otherwise consistent with Section 373.223, F.S., the District must approve the plan which shall satisfy water conservation requirements imposed as a condition of obtaining a water use permit.

New ______2006

3.7 RECREATION OR AESTHETIC

GOLF COURSE CONSERVATION WITHIN THE SWUCA

Irrigation of Roughs – Irrigation of roughs shall be eliminated for all golf courses with withdrawal points within the SWUCA Southern Water Use Caution Area but not previously in the Eastern Tampa Bay Water Use Caution Area or the Highlands Ridge Water Use Caution Area by January 1, 2006. If a permittee demonstrates that drought-tolerant landscaping has been utilized in the roughs, the permittee may irrigate the roughs using quantities permitted for the tees, greens, and fairways. Separate quantities for rough irrigation will not be allocated. However, an applicant may request prior approval from the District to use roughs as wet weather reclaimed water disposal sites.

1-1-03, _______, 2006

Conservation Plans – All new and renewal permit applicants for ground water withdrawals within the SWUCA Southern Water Use Caution Area for golf course irrigation are required to submit a water conservation plan specifically addressing:

1. Cconversion to low volume irrigation methods areas other than fairways;

2. Iincreased system management, including the use of devices such as tensiometers to determine application frequency and duration;

3. Iincreased evening hour irrigation;

4. Uutilization of reclaimed water or stormwater to provide all or part of the irrigation requirements;

5. Llimiting frequent irrigation to water-critical areas, and limiting irrigation of other areas; and

6. Sschedule for implementation of the plan.

1-1-03, _________, 2006

The following changes are made to Chapter 4.0:

4.0 CONDITIONS FOR ISSUANCE--TECHNICAL CRITERIA

The second paragraph is changed as follows:

This Chapter provides guidelines for determining whether a water use meets the Conditions for Issuance set forth in Rule 40D-2.301, F.A.C. If the criteria described in this Chapter are not met, Applicants may consider reduction of withdrawal quantities, a pumpage rotation schedule, mitigation, or other means to bring a proposed use into compliance with the Conditions For Issuance. For some criteria, presumptions have been developed to facilitate evaluation. If site-specific information is provided which demonstrates that the presumption is incorrect, this information will be used to evaluate compliance with the performance standards. For projects within the SWUCA with the purpose of restoration or enhancement of impaired or impacted water bodies, the existing condition referred to in the performance standards is considered to be the natural condition unaffected by withdrawals, structural alterations or changes rather than the impaired or impacted condition that exists currently.

_________, 2006

Within Section 4.2, subsection A. is changed as follows:

4.2 ENVIRONMENTAL IMPACTS

A. Wetlands

1. through 2. No change.

3. Wetlands Affected By Mining Activities

Certain mining activities in wetlands are reviewed by the Department of Environmental Regulation (DER) for wetlands impacts, the Department of Environmental Protection (DEP) Natural Resources (DNR) for wetlands reclamation, or various reviewing agencies under the Development of Regional Impact (DRI) process. Mining and Dewatering use Applicants whose wetland activities are reviewed under any of these processes must submit to the District a mine plan which corresponds to the term of the permit identifying the items listed below. The permittee shall provide an updated mine plan to the District prior to any water use or dewatering activities which would impact wetlands because of changes to the previously submitted mine plan. For Mining and Dewatering use applications, the District will consider withdrawal impacts only to off-site wetlands and:

a. Wwetlands to be preserved under applications approved by DER, plans approved by DEP DNR, or under a Development Order;

b. Wwetlands created or required to be created as part of a reclamation plan approved by DEP DNR or a mitigation plan approved by DER; and

c. Aany other on-site wetlands that will not be mined.

Wetlands to be preserved shall be subject to mitigation options similar to those that apply along the property boundaries for dewatering activities. These mitigation options include a setback, a recharge ditch, or other methods to avoid unacceptable drawdowns in the area to be protected.

Applicants for Mining and Dewatering use which are not subject to DER review for wetlands impacts or DEP DNR review for wetlands reclamation must submit for District approval a mine plan identifying all on-site wetlands.

_______, 2006

4. No change.

B. Lakes

1. No change.

2. Lake Impacts Within The SWUCA

a. Stressed Lake Definition – A stressed condition for a lake within the SWUCA is where based on continuous monthly data for the most recent five-year period, with the latest readings being within the past 12 months, two-thirds of the values are at or below the adopted minimum low management level. For those lakes within the SWUCA without established management levels, stressed conditions shall be determined on a case-by-case basis through site investigation by District staff. The District maintains a list of lakes within the District which have been determined to be stressed. Lakes that have been classified as stressed will be evaluated for a recovered classification two years after the lake is determined to be stressed.

1-1-03, ______, 2006

b. No change.

c. Stressed Lakes, New Withdrawals – Due to the cumulative impacts of ground water and surface water withdrawals impacts, new withdrawals that affect from stressed lakes within the SWUCA shall not be permitted. only if all the conditions for issuance are met and the permit contains a condition restricting withdrawals to those times when the lake is at or above the High Minimum Level or High Guidance Level, whichever is appropriate.

Within the SWUCA, new groundwater withdrawals from stressed lakes, shall not be permitted.

1-1-03, ________, 2006

d. Stressed Lakes, Existing Withdrawals – Existing permitted surface withdrawals from stressed lakes within the SWUCA shall be abandoned or replaced with alternative water supplies sources within three years from January 1, 2003, if the withdrawal was not previously located within the Highlands Ridge Water Use Caution Area. Existing and new permitted withdrawals from lakes which are determined by the District to be stressed after January 1, 2003, shall be abandoned or replaced these withdrawals with Aalternative Water Supplies sources within three years of the notice to the permittees of the designation of the lake as stressed unless the permittee requests a modification of the permit to restrict withdrawals to those times when the lake is at or above the High Minimum Level or High Guidance Level, whichever is appropriate.

1-1-03, ________, 2006

C. Streams

1. No change.

Section 4.3 is changed as follows:

4.3 MINIMUM FLOWS AND LEVELS

The District has adopted Minimum Flows and Levels for certain waters within the District. Those Minimum Flows and Levels are set forth in Chapter 40D-8, Florida Administrative Code (F.A.C.). Through implementation in paragraph 40D-2.301(1)(d), F.A.C., and this Section 4.3, those Minimum Flows and Levels are one criterion used by the District in evaluating applications for water use permits under Chapter 40D-2, F.A.C., paragraph 40D- 2.301(1)(d), F.A.C., this Section 4.3 and Chapter 40D-80, F.A.C., govern the manner in which this one criterion is utilized in evaluating a water use permit application. Accordingly, applicants shall demonstrate compliance with established Minimum Flows, Minimum Wetland Levels, Minimum Lake Levels and Salt Water Intrusion Minimum Aquifer Levels (hereinafter sometimes collectively called Minimum Flows and Levels) set forth in Chapter 40D-8, F.A.C., as follows:

A. No change.

B. Withdrawals Within the SWUCA That Affect Minimum Flows and Levels Water Bodies

GENERAL

In establishing Minimum Flows and Levels within the SWUCA as required by Section 373.042, F.S., and which are set forth in Chapter 40D-8, F.A.C, the District has determined that the actual flows and water levels for most of the water bodies for which Minimum Flows and Levels have been established are below the Minimum Flow and Level. The District is expeditiously implementing a recovery strategy for the SWUCA in keeping with the District’s legislative mandates pursuant to Sections 373.036, 373.0361, 373.0421 and 373.0831, F.S. The SWUCA provisions of Chapter 40D-2, F.A.C., the Basis of Review For Water Use Permit Applications. and Chapter 40D-80, F.A.C., set forth the regulatory portion of the recovery strategy for the SWUCA. The District will conduct an annual assessment of water resource criteria and cumulative impacts and evaluate the status of the recovery strategy every five years prior to 2025, as provided in Rule 40D-80.074, F.A.C. Based on the annual assessment and five year evaluation, the District may revise this Section 4.3 B. as appropriate. Compliance with Section 4.3 B. does not, by itself, satisfy the requirements of Chapter 40D-2, F.A.C., for applications requesting new withdrawals submitted on or after [effective date of rule].

As of [effective date of rule], within the SWUCA the District has established a Salt Water Intrusion Minimum Aquifer Level (SWIMAL) in the Most Impacted Area (MIA) as set forth in Rule 40D-8.626, F.A.C., Minimum Flows on the Peace River as set forth in Rule 40D-8.041, F.A.C., and Minimum Lake Levels as set forth in Rule 40D-8.624, F.A.C. In accordance with the District’s Minimum Flows and Levels priority list additional Minimum Flows and Levels will be established. These minimum flows and levels and the rules in Chapter 40D-2, F.A.C., that implement recovery are intended to manage those withdrawals that can have a direct effect on the Minimum Flows and Levels. Therefore, the effect of these Minimum Flows and Levels on applications for New Quantities will vary depending upon the impact of the withdrawal on a water body with an established Minimum Flow or Level. The District’s evaluation of the potential impact of a proposed withdrawal will be based on factors such as the proximity of withdrawal to a Minimum Flow or Level water body, the volume of the withdrawal, the number of withdrawal points, and whether the withdrawal is from the upper Floridan, intermediate or surficial aquifer or is a direct surface water withdrawal.

_____, 2006

COMPLIANCE WITH RELATED PROVISIONS

Satisfying the conditions of this Section 4.3 Minimum Flows and Levels, shall also fulfill the provisions of Section 4.5 of this Basis of Review for Water Use Permit Applications with respect to the affected Minimum Flow or Level water body.

_____, 2006

APPLICATIONS FOR NEW QUANTITIES OF WATER SUBMITTED ON OR AFTER [effective date of rule]

Above Minimum Flow or Level

For water bodies that are predicted to be impacted by the proposed withdrawal and where the actual flow or level is at or above a Minimum Flow or Level, withdrawals shall be limited to that quantity, as may be further limited by other provisions of Rule 40D-2.301, F.A.C., and this Basis of Review, that does not cause the actual flow or level to fall below the Minimum Flow or Level on a Long-term average basis, or as compliance may be otherwise described in Rule 40D-8, F.A.C. For purposes of this Section 4.3 B, “Long-term” shall have the meaning and be determined as set forth in Section 4.3 A. above.

______,2006

Below Minimum Flow or Level

1. Existing Permits Within The SWUCA

Applications for the renewal or modification of a permit with no proposed increase in permitted quantities or change in Use Type will be evaluated to determine compliance with Rule 40D-2.301, F.A.C., and this Basis of Review. When evaluating the reasonable-beneficial use of the water, emphasis will be given to reasonable water need, water conservation and use of Alternative Water Supplies. However, the existing impacts of permitted quantities on an MFL water body will not be a basis for permit denial because the SWUCA Recovery Strategy taken as a whole is intended to achieve recovery to the established minimum flows and levels as soon as practicable.

______, 2006

2. Self-Relocation – The quantities potentially available to Self-Relocate include all of the used and unused reasonable-beneficial permitted quantity. The use of the quantities at the new location(s) cannot increase impacts to Minimum Flow and Level water bodies and must meet all other applicable permitting criteria included in Chapter 40D-2, F.A.C., and this Basis of Review. If the Self-Relocation involves uses eligible for water conserving credits, the credit balance at the time of the Self-Relocation will be maintained. If the Self-Relocation is only for a portion of the permitted quantity, or involves Self-Relocation to multiple properties, the credit balance will be accordingly apportioned. Crop rotation, by planting and irrigating non-contiguous properties within the same locale in a structured, revolving fashion, is allowed under a single permit and is not considered Self-Relocation.

______, 2006

3. Applications For New Ground Water Quantities Submitted On Or After (effective date of rule)

The District will evaluate applications for New Quantities of ground water to determine compliance with this section 4.3 B and all other Chapter 40D-2, F.A.C., rule criteria. Any application for a change to a Use Type not authorized in the permit shall be required to provide a Net Benefit. In addition, when land is mined and the land will be returned to the Use Type operation authorized under the Water Use Permit prior to mining, such activity does not constitute a change in Use Type or New Quantity and a Net Benefit will not be required. The District will not accept a waiver of the 90-day time clock for acting on permits set forth in Section 120.60, F.S., on the basis of a request to re-evaluate of the proposed withdrawal at a future time.

a. Salt Water Intrusion Minimum Aquifer Level (SWIMAL) – All applications shall be evaluated for the impact on the SWIMAL described in paragraph 40D-8.626(2)(a), F.A.C., utilizing a cumulative assessment based upon best available information. A proposed withdrawal is determined to impact the SWIMAL if it causes any lowering (>0.0 feet) of the Floridan aquifer potentiometric surface within the MIA including the boundary of the MIA. If the evaluation indicates that a proposed withdrawal will result in increased impacts to the SWIMAL, the District will approve the application only if the applicant proposes to implement a Net Benefit as described in subparagraph 4. below.

b. Upper Peace River – All applications shall be evaluated to determine whether the proposed withdrawal impacts ground water levels below the upper Peace River (as defined in subsection 40D-2.021(10), F.A.C.). Where such an impact occurs, the proposed withdrawal is determined not to cumulatively impact upper Peace River flows if the current ten-year moving average monthly water level in the area is above 53.3 feet, NGVD (the median for the ten-year moving average monthly water level of available information during the period 1990 to 1999), and the proposed withdrawal individually meets the conditions of paragraphs 40D-2.301(1)(b) and (c), F.A.C., and Basis of Review section 4.2 C. If the above conditions are not met, the withdrawal can be authorized only if the applicant proposes to implement a Net Benefit as described in subparagraph 4., below. However, the applicant has the option to reduce or redistribute the withdrawals to achieve no impact, in which case the withdrawal can be authorized. The current ten-year moving average ground water levels will be calculated based upon District ground water monitoring stations in the ground water basin which best represent (adjustments for extraordinary local impacts on a well can be considered as to well location or water level effect) Long-term trends in ground water levels affecting the upper Peace River, including ROMP 60, ROMP 59, ROMP 45, ROMP 30 and ROMP 31.

c. Ridge Lakes – All applications shall be evaluated to determine whether the proposed withdrawal impacts ground water levels below Ridge Lakes (as defined in subsection 40D-2.021(8), F.A.C.). Where such an impact occurs, the withdrawal is determined not to cumulatively impact Ridge Lakes levels if the current ten-year moving average monthly water level for the area encompassing the Ridge Lakes is above 91.5 feet, NGVD (the median for the ten-year moving average monthly water level of available information during the period 1990 to 1999), and the proposed withdrawal individually meets the conditions of paragraphs 40D-2.301(1)(b) and (c), F.A.C., and Basis of Review section 4.2 B. If the above conditions are not met, the withdrawal can be authorized only if the applicant proposes to implement a Net Benefit as described in subparagraph 4., below. However, the applicant has the option to reduce or redistribute the withdrawals to achieve no impact, in which case the withdrawal can be authorized. The current ten-year moving average ground water level will be calculated based on District ground water monitoring stations in the ground water basin which best represent (adjustments for extraordinary local impacts on a well can be considered as to well location or water level effect) Long-term trends in Floridan ground water levels affecting the Ridge Lakes including Lake Alfred Deep, ROMP 28X, ROMP 57, ROMP 43XX and Coley Deep.

______, 2006

d. No Impact to Salt Water Intrusion Minimum Aquifer Level, upper Peace River and Ridge Lakes – If the proposed withdrawal is determined to comply with Chapter 40D-2, F.A.C., and this Basis of Review, the withdrawal can be authorized.

________, 2006

4. Net Benefit

If an applicant must implement a Net Benefit to obtain the permit, a permit can be issued if the applicant provides reasonable assurance that implementation of its proposed Net Benefit will mitigate the predicted impacts by one or more of the options listed below. In order to provide a Net Benefit, the measures proposed by the applicant must offset the predicted impact of the proposed withdrawal and also provide an additional positive effect on the water body equal to or exceeding ten percent of the predicted impact. For example, if the predicted impact on a water body is 1.0 foot, the mitigation must offset the 1.0 foot impact and provide another 0.1 foot (i.e., ten percent of 1.0 foot) of positive effect. There are three forms of Net Benefit, including 1) mitigation plus recovery, 2) use of quantities created by District water resource development projects, and 3) Ground Water Replacement Credits, as described below.

a. Mitigation Plus Recovery – Mitigation plus recovery involves one or more of the following:

(1) Permanently retiring from use the reasonable-beneficial, historically used quantity associated with one or more permits within the SWUCA that impacts the same Minimum Flow and Level water body. Used quantities are those permitted quantities of water that the District determines have been deemed reasonable-beneficial and historically used by a permittee, but not including Water-Conserving Credits obtained pursuant to Rule 40D-2.621, F.A.C. Used quantities are determined based on documentation previously submitted by a permittee and available crosschecks. The types of documentation submitted by permittees include seasonal/annual crop reports, metered data, and other information. Crosschecks include aerial photography, receipts for supplies, equipment, and services, property appraisers records and other methods. For small permits below thresholds for crop reporting and metering, aerial photography and other methods will be used to determine quantities, or

(2) Recharging the aquifer and withdrawing water such that there remains a net positive impact on the Floridan aquifer potentiometric surface at least ten percent greater than the impact of the proposed withdrawal, or

(3) Undertaking other actions to offset the proposed impact of the withdrawal plus ten percent.

Mitigation plus recovery must be in reference to the MFL water body that would be impacted by the proposed withdrawals, and must either precede or be coincident with any new permitted withdrawals.

________, 2006

b. Use of Quantities Created by District Water Resource Development Projects As A Net Benefit.

The District anticipates that its water resource development projects may result in the development of new quantities above and beyond the quantities needed to achieve recovery to Minimum Flows and Levels. All or a portion of these new quantities that are not reserved or otherwise designated for recovery will be made available to permit applicants and used as a Net Benefit to offset proposed withdrawals that would impact an MFL water body.

If an applicant is required to provide a Net Benefit as described in section 3. above and has contributed to a District water resource development project, the applicant may apply for quantities made available through a District water resource development project as a Net Benefit, provided the applicant demonstrates that:

(1) The proposed withdrawal affects the same MFL water body source associated with the water resource development project;

(2) The quantity developed in excess of the quantity reserved or otherwise designated for the Minimum Flow or Level has been determined; and

(3) The proposed Net Benefit quantities will not interfere with quantities reserved or otherwise designated by the District for water resource development.

______, 2006

c. Ground Water Replacement Credit in the SWUCA

To reduce ground water withdrawals, a Ground Water Replacement Credit is proposed as an incentive for water users to provide water use permit holders with alternative supplies. The holder of a Ground Water Replacement Credit can use the Credits to provide a Net Benefit in order to withdraw New Quantities. The process to obtain a Ground Water Replacement Credit is set forth below:

(1) A Ground Water Replacement Credit is created when an entity (Supplier) provides an alternative water supply, not previously delivered to another user to offset ground water withdrawals, that offsets actual withdrawals by an existing permit holder (Receiver) that impact a Minimum Flow or Level water body. A Ground Water Replacement Credit will be available to either the Supplier or the Receiver, or both.

(2) A Ground Water Replacement Credit will be issued for an amount equal to a specified percent of the amount that is offset that was reasonable-beneficial historically used. For those offsets made prior to January 1, 2000, but within the applicant’s current permit term, the Credit will be equal to fifty percent of the offset. For those offsets made after January 1, 2000, the Credit will be equal to ninety percent of the offset.

(3) The Supplier and Receiver will indicate to the District which entity should obtain the credit quantity, or whether the credit quantity will be divided between them or assigned to a third party. To apply for a credit an entity must submit the Ground Water Replacement Credit Application Form, Form No. XXX, which must be signed by all involved parties.

(4) The District will set aside the ground water quantities that are discontinued as a result of the offset by alternative water supplies in a standby permit that will be issued to the Receiver to allow withdrawal of all or a portion of such quantities in the event that the alternative water supply is interrupted, becomes unsuitable or is decreased.

(5) The Ground Water Replacement Credit will exist for only so long as the Receiver maintains its use of the alternative water supplies. The Credit will remain available if the Receiver transfers the standby permit to a new owner at the same site who continues the same water use with the alternative water supplies.

(6) Only withdrawals that meet the permitting criteria of Chapter 40D-2, F.A.C., and this Basis of Review, including Minimum Flows and Levels criteria, may be made pursuant to a Ground Water Replacement Credit.

(7) Reclaimed water suppliers shall not be eligible for a Ground Water Replacement Credit when they redirect reclaimed water from existing reclaimed water users to other reclaimed water users and such redirection causes an existing reclaimed water user to reinstate permitted standby ground water withdrawals, unless the reclaimed water provider can demonstrate that the cumulative effect of such redirection will be a grater reduction in ground water withdrawals and will contribute more the recovery of MFL waterbodies in the SWUCA than would otherwise occur absent of the redirection.

______, 2006

5. Surface Water Withdrawals Within the SWUCA

The District will not issue permits for surface water withdrawals from streams or lakes where the Minimum Flow or Level is not achieved unless the applicant demonstrates that:

a. The withdrawal will not adversely affect the Minimum Flow or Level, or;

b. A Net Benefit, as described in paragraph 4. above, can be implemented.

______, 2006

C.B. For areas not subject to 4.3 A. or B. above, water withdrawals must not cause:

1. through 3. No change.

Section 4.4 is changed as follows:

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 alternative source of 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.

Amended______, 2006

Section 4.5 is changed as follows:

4.5 SALINE WATER INTRUSION

1. Performance Standards

A permit application shall be denied if the application requests withdrawals that would cause significant saline water intrusion. Significant saline water intrusion occurs if the applicant’s withdrawals are projected to cause movement of the salt water interface includes:

a. Movement of a saline water interface to a greater distance inland or towards a potable withdrawal than has historically occurred as a consequence of seasonal fluctuations, or

b. A sustained increase from background levels in solute concentrations.

Permitted withdrawals of saline water for desalination may cause limited saline water intrusion, but not to the extent of which adversely affects, or is predicted to adversely affect, affecting other existing legal uses of water; the Applicant; or the public health, safety, and general welfare.

Amended _____, 2006

4.11 UTILIZATION OF ALTERNATIVE WATER SUPPLIES REUSE

Applicants shall demonstrate whether alternative water supplies are reclaimed water is available and appropriate for reuse and shall incorporate reuse of alternative water supplies reclaimed water to the greatest extent practicable. Use of alternative water supplies is not environmentally feasible if it interferes with recovery of a water body to its established Minimum Flow or Level or if the water body is either currently or projected to be adversely impacted. In determining whether an Applicant has demonstrated if alternative water supplies are available and appropriate for use meets this criterion, the District shall consider whether the alternative water supplies are use is economically, environmentally and technically feasible.

Amended _______, 2006

Chapter 5 is changed as follows:

5.0 MONITORING REQUIREMENTS

Section 5.1, the subsection titled “Metering Of Alternative Sources Within The SWUCA” is changed as follows:

5.1 WITHDRAWAL QUANTITY

Metering Of Alternative Water Supplies Sources Within The SWUCA – Permittees shall meter alternative supplies of water supplied to the permittee within the SWUCA if the Annual Average quantity (Drought Annual Average quantity for irrigation permits) that would be permitted without the alternative water supplies would be 100,000 gpd or more. Meters shall meet the requirements of the first unnumbered paragraph of this Section 5.1, unless alternative methods or mechanisms are approved by the District. Reporting requirements are as specified in the fifth unnumbered paragraph of this Section 5.1.

1-1-03, Amended _____, 2006

The second paragraph of Section 5.2 titled “Saline Water Monitoring” is changed as follows:

5.2 SALINE WATER MONITORING

Permittees shall implement a saline water monitoring program when:

1. through 2. No change.

3. The District staff determines that, at projected withdrawal rates, saline water intrusion is likely to occur; or

4. The withdrawals are from a ground water ground-water source with high saline water concentrations; or,

5. The District has determined that the permittee's well(s) are potentially at risk to saline water intrusion within the SWUCA.

_________, 2006

Section 5.4 is changed as follows:

5.4 GROUND WATER LEVELS

The purpose of ground water ground-water level monitoring is to ensure that existing legal uses, off-site land use, water resources, and associated environmental features are not adversely impacted by withdrawals. A ground water ground-water level monitoring program may include water-table levels, potentiometric surface levels, or both.

1. Permittees may be required to implement a ground water ground-water level monitoring program when:

a. through e. No change.

f. In the SWUCA Southern Water Use Caution Area when minimum levels have been established in Chapter 40D-8, F.A.C., for the Floridan aquifer when it is the source from which withdrawals are made.

1.f. added 1-1-03, _______, 2006

Chapter 6 is changed as follows:

6.0 PERMIT CONDITIONS

Section 6.1 “Standard Permit Conditions” is changed as follows:

6.1 STANDARD PERMIT CONDITIONS

The following conditions are placed on all Water Use Permits:

1. through 18. No change.

19. Within the SWUCA Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the Board, upon reasonable notice to the permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact, but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a hearing. ________, 2006

Within Section 6.2 “Special Permit Conditions” the subsection titled “Pumpage Reporting”, the following changes are made:

6.2 SPECIAL PERMIT CONDITIONS

REPORTING REQUIREMENTS AND PROCEDURES

1. through 5. No change.

PUMPAGE REPORTING

6. Flow Meters

Condition:

The Permittee shall meter withdrawals from surface waters or the ground water resources, and meter readings from each withdrawal shall be recorded on a monthly basis within the last week of the month. The meter reading(s) shall be reported to the Permit Data Section, Records and Data Department (using District scanning forms, unless the District has approved another arrangement for submission of this data) on or before the tenth day of the following month. If a metered withdrawal is not utilized during a given month, the meter report shall be submitted to the District indicating the same meter reading as was submitted the previous month. The following withdrawals shall be metered as applicable:

a.1. Permittees with permitted withdrawal facilities that are on standby status (a standby withdrawal point to be used when another withdrawal point cannot be used), or where all permitted quantities are on standby for alternative water supplies, shall install meters on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] before using the standby quantities. Permittees in the Southern Water use Caution Area who were not previously in a Water Use Caution Area shall install meters on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] on or before January 1, 2003.

1-1-03, Amended ______, 2006

b.2. Permittees with permitted withdrawal facilities that are not yet constructed shall install meters on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] within 90 days of completion of construction of the withdrawal.

1-1-03, _________, 2006

c.3. Permittees with existing permitted withdrawal facilities shall continue to maintain and operate existing, non- resettable, totalizing flow meter(s) or other flow measuring device(s) as approved by the Regulation Department Director on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).].

1-1-03

d.4. Permittees with previously un-metered existing withdrawal facilities shall install meters on District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] upon permit issuance.

1-1-03

The meters shall adhere to the following deions and shall be installed or maintained as follows:

(1). The meter(s) shall be non-resettable, totalizing flow meter(s) which have a totalizer of sufficient magnitude to retain total gallon data for a minimum of the three highest consecutive months permitted quantities. Approval shall be obtained in writing from the Regulation Department Director. If other measuring device(s) are proposed, the Permittee shall submit documentation that the other measuring devices or accounting methods meet the stipulations listed in this condition, prior to installation, Aapproval for other measuring devices or accounting methods shall be obtained in writing from the Regulation Department Director.

______, 2006

2. Meters shall be installed on all stand by withdrawal facilities prior to activation.

______, 2006

(2)3. The flow meter(s) or other approved device(s) shall have and maintain an accuracy within five percent of the actual flow as installed.

(3)4. The flow meter-water piping system shall be designed for inline field access for meter accuracy testing. The meter shall be tested for accuracy on-site, as installed, every five two years beginning from the date of its installation for new meters or from the date of initial issuance of this permit containing the metering condition with an accuracy- test requirement for existing meters unless the Permittee demonstrates to the satisfaction of the District that a longer period of time for testing is warranted. The test shall be performed by a person certified in the test equipment used. If the actual flow is found to be greater than five percent 5% different from the measured flow, within 30 days, the Permittee shall have the meter re-calibrated, repaired, or replaced, whichever is necessary. Documentation of the test and a certificate of re-calibration, if applicable, shall be submitted within 30 days of each test or re-calibration.

______, 2006

(4)5. The meter shall be installed according to the manufacturer’s instructions for achieving accurate flow to the specifications above, or it shall be installed in a straight length of pipe where there is at least an upstream length equal to ten (10) times the outside pipe diameter and a downstream length equal to two (2) times the outside pipe diameter. Where there is not at least a length of ten diameters upstream available, flow straightening vanes shall be used in the line.

(5)6. If the meter or other flow measuring device malfunctions or has to be removed from the withdrawal for maintenance or repair, the Permittee shall notify the District within 30 days of discovering the necessity to replace or repair the meter and replace it with a repaired or new meter, subject to the same specifications given above, within 30 days of its removal from the withdrawal. If the meter or other flow measuring device malfunctions or breaks, the Permittee shall notify the District within 15 days of discovering the malfunction or breakage and replace it with a repaired or new meter, subject to the same specifications given above, within 30 days of the discovery. If the meter is removed from the withdrawal for any other reason, it shall be replaced with another meter having the same specifications given above, or the meter shall be reinstalled within 30 days of its removal from the withdrawal. In either event, a fully functioning meter shall not be off the withdrawal point for more than 60 consecutive days.

______, 2006

(6)7. While the meter is off the withdrawal, the Permittee shall estimate their use by multiplying the number of hours the withdrawal point was used during that month times the flow capacity of the pump or mainline, whichever is appropriate, or the Permittee may request instructions on how to estimate use from the Permit Data Section. The estimate of the number of gallons used each month during that period shall be noted as an estimate when it is submitted to according to the instructions received from the District.

_______, 2006

(7)8. In the event a new meter is installed to replace a broken meter, it and its installation shall meet the specifications of this condition. The permittee shall notify the District of the replacement with the first submittal of meter readings from the new meter.

1-1-03, Amended _____, 2006

Discussion:

Apply to all District for WUPS > 500,000 gpd annual average quantities, and for WUPS > 100,000 gpd in the NTBWUCA and SWUCA

Within Section 6.6 titled “SWUCA Permit Conditions” the following changes are made to the identified provisions:

6.6 SWUCA PERMIT CONDITIONS

This section describes Special Conditions which are routinely added to the Standard Conditions, as applicable. Other Special Conditions may be developed specifically to fit a given situation.

1-1-03

Standard Condition

Within the SWUCA Southern Water Use Caution Area, if the District determines that significant water quantity or quality changes, impacts to existing legal uses, or adverse environmental impacts are occurring, the Board, upon reasonable notice to the permittee, including a statement of facts upon which the District based its determination, may reconsider the quantities permitted or other conditions of the permit as appropriate to address the change or impact but only after an opportunity for the permittee to resolve or mitigate the change or impact or to request a hearing.

1-1-03

Special Conditions

ALTERNATIVE WATER SUPPLIES SOURCES

1. Metering Reuse

a. All permitted uses within the SWUCA Southern Water Use Caution Area which receive alternative water supplies reclaimed water or stormwater shall meter, record, and report alternative water supplies source quantities and sources if the alternative water supplies are used to replace an annual average quantity (drought annual average quantity for irrigation permits) of 100,000 gpd or more of non-alternative water supplies. The Permittee shall record meter readings from each alternative reuse line on a monthly basis within the last week of the month. The meter reading(s) shall be reported to the Permit Data Section, Records and Data Department (using District scanning forms, unless the District has approved another arrangement for submission of this data) on or before the tenth day of the following month. If a metered alternative water supplies reuse line is not utilized during a given month, the meter report shall be submitted to the District indicating the same meter reading as was submitted the previous month. The following alternative water supplies reuse lines shall be metered:

______, 2006

b. On or before January 1, 2003, the Permittee shall install meters on reuse line(s), District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).].

Repealed ______, 2006

b.c. The Permittee shall install meters on alternative water supplies lines reuse line(s), District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] within 90 days of completion of construction of the alternative water supplies reuse delivery system.

______, 2006

c.d. The Permittee shall continue to maintain and operate existing, non-resettable, totalizing flow meter(s) or other flow measuring device(s) as approved by the Regulation Department Director on alternative water supplies reuse line(s), District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).].

______, 2006

d.e. The Permittee shall install meters on previously un-metered existing alternative water supplies reuse line(s) District ID No(s). [Specify District ID No(s).], Permittee ID No(s). [Specify Permittee ID No(s).] upon permit issuance.

The meters shall adhere to the following deions and be installed or maintained as follows:

(1)a. The meter(s) shall be non-resettable, totalizing flow meter(s). If other measuring device(s) or other accounting methods are proposed the Permittee shall submit documentation that the other measuring devices or accounting method meet the stipulations listed in this condition, prior to installation. Approval for other measuring devices or accounting methods shall be obtained in writing from the Regulation Department Director.

(2)b. The flow meter(s) or other approved device(s) shall have and maintain an accuracy within five percent of the actual flow as installed.

(3)c. The meter shall be tested for accuracy on-site, as installed, every five two years beginning from the date of issuance, unless the Permittee submits documentation to the satisfaction of the District that a longer period of time for testing is warranted. The test shall be performed by a person certified to use the test equipment. If the actual flow is found to be greater than five percent 5% different from the measured flow, the Permittee shall have the meter re- calibrated or replaced, whichever is necessary. Documentation of the test and a certificate of re-calibration, if applicable, shall be submitted within 30 days of each test or re-calibration. If the alternative accounting method involves a meter belonging to another entity or to the alternative water supplies reclaimed water supplier, the Permittee shall submit documentation from the owner/ supplier that the meter readings continue to be accurate to five percent 5% of the actual flow as installed. Such documentation is subject to approval by the District.

______, 2006

(4)d. The meter shall be installed in a straight length of pipe where there is at least an upstream length equal to ten (10) times the outside pipe diameter and a downstream length equal to two (2) times the outside pipe diameter. Where there is not at least a length of ten diameters upstream available, flow straightening vanes shall be used in the upstream line.

(5)e. If the meter or other flow measuring device malfunctions or has to be removed from the alternative water supplies reuse line for maintenance or repair, the Permittee shall notify the District within 30 days of the discovery. If the meter is removed for any other reason, it shall be replaced with another meter having the same specifications given above, or the meter shall be reinstalled within 30 days of its removal from the withdrawal. In either event, a fully functioning meter shall not be off the Alternative Water Supply line for more than 60 consecutive days. discovering the necessity to replace or repair the meter, and replace it with a repaired or new meter, subject to the same specifications given above, within 30 days of its removal from the reuse line.

_______, 2006

(6)f. While the meter is off the reuse line, the Permittee shall provide an estimate of the alternative water supply quantities used by multiplying the number of hours the Alternative Water Supply was used by the capacity of the pump or mainline diameter, whichever is appropriate. request from the Permit Data Section. The estimate of the number of gallons used each month during that period shall be noted as an estimate when it is submitted to according to the instructions received from the District.

______, 2006

(7)g. In the event a new meter is installed to replace a broken meter, it and its installation shall meet the specifications of this condition. The permittee shall notify the District of the replacement with the first submittal of meter readings from the new meter.

1-1-03, Amended _______, 2006

Discussion:

Required in the SWUCA for all reuse users, once the reuse ID’s have been identified, so can apply to only those that respond to the original 2002 implementation letters.

2. Modification to Incorporate Conversion to an Existing Primary Alternative Water Supplies Source Permit

Within 90 days of the replacement of any or all withdrawal quantities from ground water or surface water bodies with an Aalternative source of Wwater Supply, the Permittee shall apply to modify this permit to reflect incorporation of the Alternative Water Supply to replace permitted quantities in an amount equal to the quantity offset by the Alternative Water Supply. for a Standby Alternative Source Permit. An application to modify this permit to a Standby Alternative Source Permit may be obtained upon request or may be obtained from the District’s website: www.swfwmd.state.fl.us. The permittee may request that the replaced water be put on standby for use when, for reasons outside the Permittee’s control, the Alternative Water Supplies become unavailable, insufficient or unsuitable for the authorized use; or economically, technically or environmentally infeasible.

1-1-03, Amended ______, 2006.

Discussion:

Put on all SWUCA permits – required when any or all withdrawals have been discontinued from the ground water or natural surface water body (primary source) due to use of an alternative source.

PUBLIC SUPPLY

3. Report Significant Use

Condition:

By April 1 of each year, for the preceding calendar year, the Permittee shall account for all significant water uses separately and submit a report on all significant uses whether or not taken as a deduction from the Per Capita calculation. Significant use is defined as any individual, non-residential customer using 25,000 gallons per day or greater on an annual average basis, or any individual, non-residential customer whose use represents greater than five percent (5%) of the annual average quantity on this permit. Utilities with a large number of commercial accounts which fall below the 25,000 gpd individual significant use threshold may deduct the percentage of commercial use greater than the District-wide average of the three most recent years commercial use, provided that they do not deduct any individual significant uses and that they do not make population adjustments based on commuter population.

The users that are not included in the significant use category are golf courses, multi-family residential accounts classified as commercial by the utility, and irrigation accounts associated with residential accounts. The summary on significant use shall include but not be limited to:

a. Name and address of the significant user(s),

b. Type of use (e.g., type of industry, or commercial venture);

c. Total annual average quantities provided to each, and

d. Water conservation programs designed specifically for each significant use or type of significant use.

This report may be submitted as an element of the Annual Report.

1-1-03, ______, 2006

Discussion:

SWUCA Required for all Public Supply > 100,000 gpd

4. Service Area Map

Condition:

A current service area map shall be submitted to the District with every sixth Annual Report.

Discussion:

This condition is applied to ensure that the District has an up-to-date service area map incorporating all boundary changes that have occurred over the previous six years.

New _____, 2006

5.4. Golf Course Conservation Plan

No change.

7.0 WATER USE CAUTION AREAS

7.1 HIGHLANDS RIDGE WATER USE CAUTION AREA

All provisions of Section 7.1 are deleted in their entirety.

7.2 EASTERN TAMPA BAY WATER USE CAUTION AREA

All provisions of Section 7.2 are deleted in their entirety.

Part D: Water Use Permitting Manual

Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area

List of Acronyms and Definitions

CGRUPPOP – Census group quarters population (both institutionalized and non-institutionalized) – data from the most recent decennial Census (2000 Census SF1 File, Variable P027024/American Factfinder Table P27, or equivalent data for subsequent Census)

CHH – Census (number of) households – data from the most recent decennial Census (2000 Census SF1 File, Variable P015001/American Factfinder Table P15, or equivalent data for subsequent Census)

CPOPNHH – Census population in households – data from the most recent decennial Census (2000 Census SF1 File, Variable P016001/American Factfinder Table P16, or equivalent data for subsequent Census)

FNETCOM – functional net commuter population of the service area for the year of interest

FSEASPOP – functional seasonal resident population for the year of interest – the estimated population of part time residents, not tourists, that has been adjusted for length of stay in the service area

FTOURPOP – functional tourist population for the year of interest – the estimated average annual number of tourists in the service area per day

GRUPPOP – group quarters population for the year of interest – the estimated group quarters population of the service area

Geographic Zip Codes – are ZIP Codes exclusive of unique business or institutional ZIP Codes and cover a geographic delivery area. Census ZIP Code Tabulation Areas (ZCTAs) are approximately equivalent to Geographic ZIP Codes. Where new Geographic ZIP Codes have been created since the Census, District-provided data will direct to the appropriate ZCTA

PERMPOP – permanent resident population for the year of interest – the estimated permanent resident population of the service area (not including group quarters population)

PERMPPH – permanent resident persons-per-household - the calculated number of persons per household based on Census data or survey for the selected Census geographies

REQPOP – total required functional population for the year of interest – the estimated permanent resident, functional seasonal resident, and group quarters service area population required to be submitted to the District on an annual basis

RESUNITS – residential account housing units for the year of interest – the number of residential housing units served in the retail service area

SEASADJ – seasonal resident adjustment factor – a factor based on length of stay that converts the peak seasonal resident population to a functional year-round resident

SEASHH – Census year seasonal households – an estimate of the number of households in the Census geographies chosen to represent the service area that are seasonal in the Census year

SEASONAL RESIDENTS – typically live away from their service area residence for three or more months of the year. While residing in the service area, they reside in private residences – not licensed public lodging

SEASPKPOP – seasonal resident peak population for the year of interest – an estimate of the number of seasonal residents served during the first quarter of the year for the year of interest

SEASPPH – seasonal resident persons-per-household – an estimate of the number of persons living in a seasonal residence household – default value (1.95) or developed from a service area survey

SEASPROP – seasonal proportional residence time – the portion of the year spent in the service area be seasonal residents – one of two default values or developed from a service area survey

SEASRR – peak seasonal resident ratio – the estimated ratio of peak (first quarter) seasonal resident and permanent resident population to permanent resident population – using District-provided or service area survey-developed data

SEAS/TOTHH – an estimate of the ratio of seasonal households to total households for the service area in the Census year

SMALL UTILITY – A utility that has a population of less than 25,000 based on the sum of the census population in households within census blocks wholly or partially within the utility's service area

YEAR OF INTEREST – The year for which the population is being determined

ZCTA – Census ZIP Code Tabulation Area – a Census area designation approximately equivalent to geographic ZIP Codes that existed at the time of the most recent decennial Census for which Census data are aggregated and tabulated

1. Introduction

The calculation of per capita water use requires an estimate of the total retail water service area functional population. The required functional population includes permanent residents, seasonal residents and group quarters population only. Adding the functional tourist and net commuter population to the required functional population is optional. Data sources, more detailed explanations, and examples of calculations may be found in the appendices to this document. All calculations and documentation shall be conducted and provided in accordance with the provisions of this document, including those found in the appendices.

This methodology involves the creation of a number of demographic ratios from Census or survey data that are appropriate to the service area. The ratios, such as persons-per-household, are then applied to the year of interest housing units and/or population served to estimate year of interest service area populations.

If the service area did not exist at the time of the most recent decennial Census, the permittee must conduct a survey, consistent with the provisions of Appendix B of this document to determine seasonal and permanent population served. Data collected must include both seasonal and permanent households, seasonal and permanent persons-per- household, and seasonal resident household length of stay.

From time to time, the District may provide additional data and default values or update data and default values and will specifically indicate that the new data and values may be used in lieu of those prescribed herein.

2. Required Permanent and Seasonal Resident Population Estimates

This is a modified dwelling unit methodology that uses utility provided residential account data and divides the served dwelling units into permanent and seasonal households based on Census data and District-provided seasonality data or permittee-developed survey data. The seasonal resident population is converted to a functional population by adjusting for length of stay. Worksheet B summarizes the total functional population, including optional populations, using data and calculations from other worksheets. Worksheet B is completed in steps as other worksheets are completed.

The general formula for calculating the required functional population for the year of interest (REQPOP) is as follows:

REQPOP = PERMPOP + FSEASPOP + GRUPPOP

Where: PERMPOP is the permanent resident population for the year of interest;

FSEASPOP is the functional seasonal resident population in the year of interest; and,

GRUPPOP is the group quarters population for the year of interest.

2.1 Complete Worksheet A (Residential Account Housing) using connections data for the year for which the service area population is being estimated (the year of interest). Sum the individually metered residences (A) and either the sums of the equivalent master metered residential account units (E) or the sums of the counted master metered residential units (F) at the bottom of the worksheet (G). Enter the total residential account housing units under “RESUNITS” in Section 1 of Worksheet B: (Service Area Summary). Note: Worksheet B is completed in steps as other worksheets are completed.

2.2 Complete Worksheet C (Households & Group Quarters) by selecting the appropriate Census blocks and data to represent the retail water service area. Data shall be collected for blocks totally within and partially within the service area. The selection of Census blocks and data must be in accordance with Section 2.1 of Appendix A. Data sources are provided in Section 2.2 of Appendix A. Census geography identifier and county codes are defined in Section 2.3 of Appendix A. For each selected block, enter the following most recent Census data.

a. Census county name or code

b. Census tract number

c. Census block number

d. Census Population in Households (CPOPNHH)

e. Census Households (CHH)

f. Census Group Quarters Population (CGRUPPOP)

Sum the data for CPOPNHH, CHH and CGRUPPOP and enter the appropriate sums under “CPOPNHH”, “CHH”, and “CGRUPPOP” in Section 2 of Worksheet B. Utilities with large numbers of Census blocks in the service area may submit an electronic file such as a spreadsheet or the output of a database or statistical analysis software in lieu of Worksheet C so long as the utility and Census geographies are clearly identified, the same data are reported, and the data are clearly labeled.

2.3 Complete Worksheet D (Peak Seasonal Resident Ratio): Complete Part I of the Worksheet if using District provided seasonal population data. District data are provided by Geographic ZIP Code. See Section 3 of Appendix A for detailed information. Complete Part II of the worksheet if using survey-generated seasonality data. If survey- generated seasonality data is used it must be used everywhere that it is applicable and it may not be combined with District provided data.

Survey – generated data must be developed in accordance with the provisions of Appendix B. Prior to completing Worksheet D, either Worksheet E (Partial ZCTAs) or Worksheet F (Small Service Area ZCTAs) will need to be completed if using District-provided data and there are ZCTAs partially within the service area. Subsection a. below addresses the use of District-provided data. Subsection b. below addresses the use of survey-generated data.

a. District-Provided Seasonal and Permanent Resident Population Data: Estimated Census year peak seasonal and permanent resident population by ZCTA are available from the District’s website or, if access to the website is not available or sufficient, from the District’s Planning Department, for the calculation of the SEASRR. Compare the service area to Geographic ZIP Code or ZCTA maps. See Section 3.2.1 of Appendix A for ZCTA map sources if not using geographic mapping software. Census ZCTAs are generally congruent with Geographic ZIP Codes. Where they are not, the District has assigned such new Geographic ZIP Codes to appropriate ZCTAs. Select the appropriate ZCTAs to represent the retail water service area in accordance with the provisions of Section 3.2.2 of Appendix A. Data from ZCTAs that are completely within the service area shall be utilized in the calculation of the SEASRR. If a service area is entirely within a ZCTA, then only the data from that ZCTA shall be used in the calculation of the SEASRR. For ZCTAs that are partially within the service area, any utility may use the thirty-four percent housing unit selection criteria described in i. below and Section 3.2.3 of Appendix A. Only small utilities may use the billing ZIP Code analysis methodology described in ii., below, and Section 3.2.4 of Appendix A.

i. Thirty-four percent Housing Unit ZCTA Selection Criteria: For those using the thirty-four percent selection method to determine whether ZCTAs that are partially in the service area must be included, complete Worksheet E by entering the ZCTA number, and then the total Census number of housing units in the ZCTA under “A.” See Section 3.2.3 of Appendix A for Census housing unit data sources. Enter the number of Census housing units for each Census block that is both in the service area and the ZCTA under “B”. If the sum of the housing units from blocks both in the service area and the ZCTA (“C”) divided by the total the total housing units in the ZCTA (“A”) is equal to or greater than 0.34, then the estimated seasonal and permanent resident data from that ZCTA shall be used in the calculation of the SEASRR on Worksheet D (along with data from any ZCTAs that are wholly within the service area).

ii. Small Service Area Billing ZIP Code Selection Criteria: Small service area utilities (less than 25,000 in Census population in households – CPOPNHH) may elect to select partial ZIP Codes in accordance with Section 3.2.4 of Appendix A. Complete Worksheet F (Small Service Area ZCTAs) to determine which, if any, ZIP Codes partially within the service area should be included in the analysis in Worksheet D.

Once the ZIP Codes/ZCTAs have been selected to represent the service area using the criteria above, obtain the corresponding Census year seasonal and permanent resident data from the District’s website or Planning Department for each ZCTA, enter the required data into Part 1 of Worksheet D, and sum the average annual 3rd quarter admissions, the estimated seasonal resident populations and the Census permanent populations. Then calculate the SEASRR in accordance with the formula at the bottom of Part 1 in Worksheet D. Enter the calculated ratio under the SEASRR in section 5 of Worksheet B.

b. Survey-Determined Seasonal and Permanent Resident Population Data: If a survey has been conducted in accordance with the requirements of Appendix B, the following data shall be entered into the data fields of Part 2 of Worksheet D (see Section 3.2.6 of Appendix A).

i. total number of seasonal household surveys returned (A),

ii. total persons in households reported as seasonal (B),

iii. total number of months seasonal residents reside in service area (C),

iv. total number of permanent household surveys returned (D),

v. total number of persons in households reported as permanent (E).

In Worksheet D Part 2 calculate the SEASPPH (Seasonal Resident Persons per Household) according to the formula provided and enter the results under the “Optional” SEASPPH in Section 4 of Worksheet B. Calculate the PERMPPH (Permanent Resident Persons Per Household) according to the formula provided and enter the results under the “Optional” PERMPPH in Section 3 of Worksheet

B. Calculate the SEASPROP (Seasonal Proportional Residence Time) according to the formula and enter the results under the “Optional” SEASPROP in Section 10 of Worksheet B.

2.4. Unless a survey has been conducted as discussed in 2.3 b. above, calculate the Census data PERMPPH (Permanent Resident Persons Per Household) according to the formula in Section 3 of Worksheet B and enter the answer under “Census” PERMPPH.

2.5. Unless a survey has been conducted as discussed in 2.3 b. above, enter the default value of 1.95 under “Default” SEASPPH in Section 4 of Worksheet B.

2.6. Calculate the SEASHH (Census Year Seasonal Households) as indicated in Section 6 of Worksheet B.

2.7. Calculate the SEAS/TOTHH (Seasonal Households to Total Households Ratio) as indicated in Section 7 of Worksheet B or enter the survey data from Worksheet D Part 2.

2.8 Calculate the SEASPKPOP (Seasonal Resident Peak Population for the Year of Interest) as indicated in Section 8 of Worksheet B.

2.9 Calculate the PERMPOP (Permanent Resident Population for the Year of Interest) as indicated in Section 9 of Worksheet B.

2.10 Enter the appropriate SEASPROP (Seasonal Proportional Residence Time) value as follows in Section 10 of Worksheet B.

Beach Destination County Default (Charlotte, Manatee, Pinellas & Sarasota) = 0.442, Non-Beach Destination County Default (all other District Counties) = 0.567, or Survey-derived value calculated in Section 2.3 b. above.

Note: If survey-derived values developed in Part 2 of Worksheet D are used in any calculation they must be used in all applicable calculations.

2.11 Calculate the SEASADJ (Seasonal Resident Adjustment Factor) as indicated in Section 11 of Worksheet B.

2.12 Calculate the FSEASPOP (Functional Seasonal Resident Population for the Year of Interest) as indicated in Section 12 of Worksheet B.

2.13 Calculate the GRUPPOP (Group Quarters Population for the Year of Interest) as indicated in Section 13 of Worksheet B.

2.14 Calculate the REQPOP (Total Required Functional Population for the Year of Interest as indicated in 14 of Worksheet B.

3.0 Optional Functional Tourist Population

Complete Worksheet G (Functional Tourist Population) in accordance with the provisions of Section 5 of Appendix A. Complete Part 1 (Public Lodging Direct Data Method) or Part 2 (Tourist Lodging Tax Method) of Worksheet G. The ability to use the Part 2 methodology depends on the availability of tourist accommodations tax data for an area approximately congruent with the service area. If such tax data are not available, then the Part 1 methodology must be used to estimate tourists in public accommodations. Public lodging tourist population shall not be calculated under both Part 1 and Part 2. Part 3 is used to estimate the “In-home” tourist population component – tourists who stay with friends or family rather than at public lodging. Part 3 tourist populations may be added to Part 1 or Part 2 tourist populations.

3.1 Completion of Worksheet G – Part 1 (Public Lodging Direct Data Method)

In Section a. of Part 1, insert the number of rooms in each of the public lodging facilities identified as being in the retail water service area. Total the number of rooms in the service area under “A”. See Section 5.1.1 of Appendix A for lodging rooms inventory data sources.

In Section b. of Part 1, insert monthly occupancy rates from utility lodging customer surveys or other sources described in Section 5.1.2 of Appendix A. Sum the rates and calculate an average annual monthly occupancy rate as indicated in the formula.

In Section c. of Part 1, select the default average guests per room for a coastal beach destination county (Charlotte, Manatee, Pinellas, and Sarasota Counties only) or all other counties, or a survey or other source with appropriate documentation. Enter the selected value under “E.” See Section 5.1.3 of Appendix A.

In Section d. of Part 1, calculate the total daily public lodging population as indicated in the equation and enter the result under “F”.

3.2 Completion of Worksheet G – Part 2 (Tourist Lodging Tax Method)

In Section a. of Part 2, enter the monthly tourist accommodations tax collections and the tourist accommodations tax rate for the area approximately congruent with the retail service area. See Section 5.2 of Appendix A for information on tax data availability and average daily room rates. The tax rate should be entered for each month even if the rate does not change. Calculate the monthly room revenue as indicated in the formula. Next enter the average daily room rate for each month. Next, calculate the total room days per month as indicated in equation. Sum the monthly room days and enter the result under “L”.

In Section b. of Part 2, select the average guests per room as in Section c. of Part 1. Enter the selected value under “M”. See Section 5.1.3 of Appendix A for information on values.

In Section c. of Part 2, calculate the tourist tax estimated tourist daily population as indicated in the formula. Enter the results under “N.”

3.3 Completion of Worksheet G – Part 3 (In-Home Tourist Population)

The data required to complete Part 3 is likely only available from a survey of utility customers and calculated as shown in the example in Section 5.3 of Appendix A. From such documented calculations, enter the average in-home tourist days per household per year under “O”. Copy the number of residential account housing units for the year of interest (RESUNITS) from the bottom of Worksheet A and enter under “P in Part 3 of Worksheet G. Perform the calculation of the average annual in-home tourists per day as indicated in the formula. Enter the results under “Q”.

3.4 Completion of Worksheet G – Part 4 Total Functional (Daily) Tourist Population (FTOURPOP)

Add the results of Part 1 (F) or Part 2 (N), and Part 3 (Q), as applicable, and enter the results under “FTOURPOP”. Copy the results for FTOURPOP under FTOURPOP in Section 15 of Worksheet B.

4.0 Optional Functional Net Commuter Population

Using data from the 2000 Census Transportation Planning Package (CTPP), the District has developed net commuter population data for each Census tract. (See Optional Net Commuter Data supplement to Appendix A.) The net commuter population and Census population in households by tract needed to calculate the functional net commuter population available from the District’s website or from the District’s Planning Department. If the service area is congruent with Census tract boundaries and there are no Census tracts partially within the service area, move on to Section 4.2. Otherwise, continue with Section 4.1.

4.1 Complete Worksheet H (Partial Tract Selection) in accordance with Section 6.1 of Appendix A to determine whether tracts partially within the service area should be included in the service area net commuter calculation. For each partial tract, enter the Census County and tract identifier number. Enter the total number of Census housing units in the tract under “A”.

Next, enter the Census county, tract and block identification numbers and the total number of housing units for each block included in the service area in Worksheet C that is also in the partial tract in question. Sum the housing units for the selected blocks and enter the result under “B”.

Finally, perform the calculation of the percent of the tract housing units that are also in the service area as indicated in the formula. If the result is equal to or greater than 0.34 (34%) then net commuter and Census population in households data from that tract shall be used in the calculation service area functional net commuter population in Worksheet I (Functional Net Commuter).

4.2 Complete Worksheet I by entering District-provided net commuter and population in households data for tracts entirely within the service area and those partial tracts meeting the thirty-four percent criteria in Worksheet H.

Continuing with Worksheet I, sum the net commuters by Census tract and enter the result under “A”. Enter the corresponding Census population in households by tract and sum the results under “B”. Calculate the ratio of net commuters to Census population in households as indicated in the equation for “C”.

Estimate the number of net commuters for the service area as indicated in the equation for “D”. The PERMPOP (permanent resident population of the service area for the year of interest) is copied from Section 9 of Worksheet B.

Finally, calculate the FNETCOM (Functional Net Commuter Population for the Year of Interest) as indicated and enter the results in Section 16 of Worksheet B.

5.0 Total Required and Optional Functional Service Area Population.

In Section 17 of Worksheet B, add the REQPOP from Section 14 of the worksheet, FTOURPOP from Section 15 of the worksheet (if calculated), and FNETCOM from Section 16 of the worksheet (if calculated). This results in the total required and optional functional population for the service area.

Appendix A

Population Data Sources, Details & Examples
For Worksheets A-I

To Part D of the Basis of Review For Water Use Permit: Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area

1. Worksheet A: Residential Account Housing

1.1 Utility Data Required

The number of actual or equivalent residential account housing units served in April of the year of interest for the retail water service area. Data from a month other than April may be used if included in regularly produced utility reports. However, data from the same month must be used on a consistent basis from year to year.

Equivalent housing units for master-metered residential accounts must be an actual count or must be estimated using Worksheet A (Residential Account Housing Unit Estimation Worksheet) and shall not include any accounts other than those that serve residential housing. No commercial, industrial, institutional, government, etc. accounts shall be included. Nursing home, prison, dormitory, etc., populations shall be calculated according to the requirements for estimating group quarters population, as specified in Section 2.11. The number of meters by customer class and size, and all other utility furnished data shall be documented.

2. Worksheet C: Households and Group Quarters

2.1 Census Data Required1

For the Census blocks which fall either entirely or partially within the current retail water service area, the following most recently available decennial Census data must be used:

a. Population in households (for the 2000 Census, data set SF1, table P16, or equivalent),

b. Households (for the 2000 Census, data set SF1, table P15 or equivalent), and

c. Group quarters population (for the 2000 Census, data set SF1, table P27 or equivalent)

Note: Data from blocks either totally or partially inside the service area shall be used in their entirety. Utilities with large numbers of Census blocks in the service area may submit an electronic file such as a spreadsheet or the output of a database or statistical analysis software in lieu of Worksheet C so long as the utility and Census geographies are clearly identified, the same data are reported, and the data are clearly labeled.

2.2 Census Data Sources

Required Census data can be downloaded from private sources, such as ESRI2, for those with Geographic Information Systems (GIS), or from the worldwide web at the American Factfinder link on www.census.gov.

 

________________________________

1See Section 3.2 for potential additional Census data requirements.

________________________________

 

 

Note: It is the intent of the District, through its website, to provide a GIS layer with service area boundaries, all necessary Census geographies and their associated data, to be available upon the effective date of this rule.

2.3 Census Geographic Identity Codes (STFID)

The Census numeric code for the identification of a single Census block consists of a string of numbers called the STFID. For example, the STFID 120150101001001 is interpreted as:

State =“12” (Florida)

County =“015” (Charlotte)

Tract =“010100”

Block Group =“1” = the first digit of the block number

Block =“1001”

The county codes for the counties in the SWUCA are:

Charlotte =015Desoto =027

Hardee =049Highlands =055

Hillsborough =057Manatee =081

Polk =105Sarasota =115

3.0 Worksheet D: Peak Seasonal Resident Ratio

3.1 Service Area Survey Generated Seasonal Population Data

If a permittee has developed the service area survey data to calculate the peak seasonal resident ratio in accordance with Appendix B of this document, only Worksheet D, Part 2 must be completed. If a permittee wishes to use District provided data to generate seasonal population data, then either Worksheet E or F must be completed along with Worksheet D Part 1 and as described in the following subsection.

3.2 District-Provided Hospital Admissions to Generate Seasonal Population Data

The purpose of using hospital admissions data is to create a Census year peak seasonal to permanent population ratio based on admissions for patients with residence ZIP codes in the retail water service area. Hospital admissions are reported by patient resident ZIP codes by the Florida Agency for Health Care Administration (AHCA). The ratio is formed by adding an estimated Census peak seasonal resident population to the Census permanent population and then dividing the sum by the permanent population for ZIP Codes in the service area. The peak seasonal resident population is estimated by subtracting third quarter hospital admissions from first quarter emergency hospital admissions for the 55-to-84 age group and then dividing by an estimated probability (incidence) that seasonal residents in that age group would be admitted to the hospital on an emergency basis.

The peak seasonal resident ratio calculation is as follows:

 

 

________________________________

2The use of a corporate name or product does not constitute an endorsement by the District.

________________________________

(Seasonal Resident Population + Permanent Population) / Permanent Population = SEASRR

Note: It is the intent of the District, through its website, to provide, by geographic ZIP code, the estimated peak seasonal resident and permanent resident populations necessary to calculate the SEASRR, to be available upon the effective date of this rule (see Appendix D). In the event that the data to calculate the SEASRR is not available from the District, the SEASRR will be calculated using the following methodology:

Development of Hospital Admissions Data if Not Available from District – The Census year estimated seasonal population for the service area ZIP codes/ZCTAs is estimated as the 3-year average of the non-negative differences between 1st quarter and 3rd quarter emergency admissions for the 55 – 84 age group divided by an assumed District- wide admissions incidence (probability). The three years used to calculate the average difference shall be the year before the Census (Census – 1), the year of the Census (Census), and the year after the Census (Census + 1).

The first quarter of the year is when most seasonal residents reside in Florida and the third quarter is when the least reside in the State. The 55 – 84 age group is reflective of the age characteristics of the seasonal resident population.

The District-prescribed admissions incidence for seasonal residents is based on third quarter emergency hospital admissions for the age group 35 – 64. The emergency admissions incidence for seasonal residents is based on a younger age group because both anecdotal evidence and research indicate that the seasonal resident population is generally healthier than the equivalent age resident permanent resident population. The incidence is calculated as the 3-year average of 3rd quarter emergency admissions for the 35 – 64 age group divided by the Census year total 35 – 64 age group population for the ZIP codes and ZCTAs in the District. Again, the three years used to estimate the average Census year admissions for this incidence are Census – 1, Census, and Census +1. For the 2000 Census, the District-wide 35 – 64 emergency admissions incidence to be used in estimating the Census year seasonal resident population is 0.011656.

As the District is providing the seasonal and permanent populations by ZCTA to calculate the SEASRR, a permittee need only select the geographic ZIP Codes or ZIP Code Tabulation Areas (ZCTAs) to represent the service area in accordance with the methods described below. Admissions erroneously ascribed to unique ZIP codes will have already been eliminated and admissions associated with non-unique post office box ZIP codes will have already been assigned to geographic ZIP codes. New geographic ZIP codes added since the Census will have been tracked to the appropriate geographic ZIP codes with associated ZCTA permanent populations.

Note: If hospital admissions data are not available consistent with the above requirements in this section for all of the service area, the permittee must conduct a survey consistent with the provisions of Appendix B of this document to obtain the data to determine the proportion of seasonal to total households in the service area. For those who are interested, the District’s process of collecting and manipulating hospital admissions data is described in User's Background and Information: Use of Hospital Admissions Data to Estimate Seasonal Resident Population. In-depth documentation of the data manipulation process (programming) is available from the District upon request.

3.2.1 ZIP Code Tabulation Area (ZCTA) Map Sources

ZIP Code Tabulation Area maps can be viewed and printed at the Census Bureau’s American Factfinder website. Maps of ZCTAs with limited reference details (such as highways) may be found at www.census.gov. ZCTAs are generally equivalent to geographic ZIP codes. As of the time of this writing, the steps to mapping a ZIP Code tabulation area using American Factfinder are:

a. Go to www.census.gov.

b. Click on “American FactFinder” tab.

c. Click on “Data Sets.”

d. Click on “detailed tables.”

e. Select geography type = “5-Digit ZIP Code Tabulation Area.”

f. Select a “3-digit ZIP Code Tabulation Area.”

g. Select “5-digit ZIP Code Tabulation Area” of interest.

h. Click on “Map it.”

ZIP code map files for identification of ZIP codes are also available in electronic formats from private sources for those with Geographic Information Systems (GIS). The District has electronic files of retail water service areas that can be made available for permittee overlay use. However, it is the responsibility of the permittee to ensure that these files are kept up-to-date. The District also intends to provide a GIS layer with all required Census geographies and their associated Census data.

3.2.2 ZIP Code/ZIP Code Tabulation Area (ZCTA) Selection Methods to Represent Service Area

a. Service Areas Entirely Within a Single ZIP Code/ZCTA – select that ZIP code only. For such service areas, a seasonality survey conducted in accordance with Appendix B of this document is recommended but not required.

b. ZIP Codes/ZCTAs Entirely Within a Service Area – select all ZIP codes entirely within the service area.

c. ZIP Codes/ZCTAs Partially Within a Service Area – any utility may use the thirty-four percent method for selecting ZIP Codes/ZCTAs described in Section 3.2.3 below for Worksheet E. Only small service areas meeting the criteria described in Section 3.2.4 below may used the methodology outlined in Worksheet F. The methodology designed for Worksheet F was designed for smaller utilities with little or no access to electronic mapping resources.

3.2.3 Worksheet E: Partial ZCTA Selection – Thirty-four percent Housing Unit ZCTA Selection Criteria

For each ZIP code partially within the service area, select the Census blocks that are wholly or partially within the service area boundaries and sum the Census total housing units (for the 2000 Census data set SF1, Table H1) for those blocks. Divide the sum of the selected Census block housing units by the total number of housing units for that ZIP code’s associated ZCTA. If the number of housing units both within the service area and the ZCTA divided by the total the total housing units in the ZCTA is equal to or greater than 0.34 then the estimated seasonal and permanent resident data from that ZCTA shall be used in the calculation of the peak seasonal resident ratio in Worksheet D.

To find the number of Census housing units by ZCTA at AmericanFactfinder, skip step h. in Section 3.2.1 above and click on “Add”. Then scroll through the tables to H1. Highlight H1 and click on “Add”. Then click on “Find Results.”

 

 

In the event that less than thirty-four percent of the housing units in all ZCTAs are inside the service area, then up to two ZCTAs with the highest percentages of housing units in the service area may be included.

3.2.4 Worksheet F-Small Service Area ZIP Code Selection

ZIP Codes Partially Within Small Service Areas – this methodology is designed for small utilities that may not have GIS software or the financial resources to hire a GIS consultant. Step 1 determines whether this selection methodology may be used. Step 2 determines the minimum average number of admissions to be used as a threshold beyond which additional partial ZCTAs shall not be added. Step 3 identifies which ZCTAs to include in developing the peak seasonal resident ratio.

Step 1 – Obtain the sum the Census population in households (CPOPNHH) for the selected Census blocks from item 2 in Worksheet B. If the sum of the Census block populations in households (CPOPNHH) is 25,000 or less, the methodology described below may be used as an alternative to the thirty-four percent selection criteria described in 3.2.3 above. Enter the sum under “A” at the top of Worksheet F if less than 25,000.

Step 2 – As it is very unlikely that the sum of Census block populations in households for the selected Census blocks will exactly match to totals in the above table, the minimum average annual third quarter admissions thresholds will have to be extrapolated as in the interpolation example below.

Step 3 – The average annual third quarter hospital admissions for ages 55-84 referenced below as necessary for completing Step 3 are available in Appendix D or at the District’s website or Planning Department.

a. Sort customer account billing address ZIP codes. After sorting, count the number of times each ZIP code appears (this can typically be accomplished using a spreadsheet “count” function).

b. Include ZIP codes entirely within the service area and their corresponding District-provided average annual third quarter admissions. Then add partial ZIP codes and their admissions, starting with the ZIP code with the highest number of accounts, then the next highest, etc., until:

i. there are no more partial ZIP codes, or

the cumulative sum of the average annual number of third quarter admissions just meets or exceeds the minimum average annual third quarter admissions (ages 55-84) for the size of the service area as shown in the table below, whichever comes first.

 

Table A-1: Small Service Area Average Annual 3rd Quarter Admissions Thresholds
Sum of Census Block Populations in Households	Minimum Average Annual Third Quarter Admissions
500	222
1,000	222
2,500	254
5,000	306
10,000	350
25,000	378

 

Once the ZIP Codes that should be included in the peak seasonal resident ratio have been chosen according to Steps 2 and 3 of Worksheet F, enter the appropriate average annual 3rd quarter admissions, Census year estimated peak seasonal resident population and ZCTA permanent population into Worksheet D Part 1.

Assume the sum of Service Area Census Block Populations in Households (CPOPNHH) is 16,500. Since 16,500 is not listed in the above table, the Minimum Average Annual Third Quarter Admissions must be interpolated.

a. 16,500 is between 10,000 and 25,000: the applicable difference is 25,000 – 10,000 = 15,000

b. The applicable difference in the number of admissions for 25,000 and 10,000, respectively, is 378 – 350 = 28

c. Divide 28 by 15,000 to determine how many additional admissions are represented per additional person between 10,000 and 25,000: 28/15,000 = .0019

d. There are 6,500 persons more than 10,000 so the equivalent third quarter admissions threshold for a population in households would be:

350 + (6,500 x .0019) = 362

This utility may add additional patient ZIP codes, in order of their billing address frequency, until the total average annual third quarter age 55-84 emergency admissions from the selected ZIP codes just equals or exceeds 362. For example:

 

ZIP Codes Entirely Within Service Area	Average Annual 3rd Quarter Admissions	Cumulative Admissions
339X1	100	100
339X2	125	225
ZIP Codes Partially Within Service Area
Highest Billing Partial ZIP = 339X3	100	325
Next Highest = 339X4	100	425

 

The 362 admissions threshold has just been met or exceeded with the addition of ZIP code 339X4, therefore no additional ZIP codes may be considered for the service area unless they meet the conditions of Section 3.2.3 above. Only ZIP Codes 339X3 and 339X4 located partially in the service area may be added to 339X1 and 339X2, which are completely within.

 

3.2.5 Example Calculation of Peak Seasonal Resident Ratio (SEASRR) – District Provided Data

The results of the following example Worksheet D Part 1 Peak Seasonal Resident Ratio will be used in subsequent Worksheet B example calculations.

 

Example Calculation of Estimated Census Year Peak Seasonal Resident Ratio
	Average Annual Quarter Admissions by ZIP/ZCTA for Small Service Area Partial ZCTA Selection				ZIP Code/ZCTA Estimated Census Year Peak Seasonal Resident Population		Census Year ZCTA Permanent Population
ZIP Codes/Z CTAs	A				B		C
335X1	163				1,687.256921		16,814
335X2	279				829.3296728		21,552
335X3	196				1,000.915122		25,920
				Sum of B = E		Sum of C = F
Sum Seasonal (B) & Permanent (C) Populations				3,517.501716		64,286
Peak Seasonal Resident Ratio (SEASRR) = (E + F) / F = 1.05471645

 

 

3.2.6 Example Calculation of Peak Seasonal Resident Ratio (SEASRR) – Survey Generated Data

For the sake of brevity in the example, assume that only 10 returned surveys are required and returned complete. The responses are as follows:

For the purpose of providing example calculations, the following assumptions are made:

 

Example Households Reported as Seasonal
		Persons in	Number of Months
	Households	Households	In Residence Here
	1	2	6
	1	2	4
	1	1	5
Totals	3	5	15
Example Households Reported as Permanent
		Persons in
	Households	Households
	1	4
	1	2
	1	3
	1	4
	1	2
	1	3
	1	2
Totals	7	20

 

The data entries in Part 2 of Worksheet D would be:

A = 3, B = 5, C = 15, D = 7, E = 20

4.0 Worksheet B: Service Area Summary – Example Required Total Functional Permanent and Seasonal Resident Population Calculations

In this methodology, served residential account housing units are divided into permanent and seasonal resident households using information on the seasonality of hospital admissions. All references to data are data from the appropriate geographic unit(s) (e.g., Census blocks, ZIP codes) that encompass the current retail water service area unless otherwise indicated. Calculations shall be documented on District-prescribed worksheets.

 

For the purpose of providing example calculations, the following assumptions are made:

Assumptions:

Census population in households (CPOPNHH) = 32,500

Census households (CHH) = 13,000

Census Group Quarter Population (CGRUPPOP) = 300

Residential account housing units for the year of interest
(RESUNITS) = 17,746

Peak Seasonal Resident Ratio (SEASRR) from previous
example = 1.05471645

 

Note: Example calculations made by spreadsheet software. Hand calculations may result in rounding errors.

 

4.1 Worksheet B Section 3 – Calculation of Service Area Permanent Resident Persons-Per-Household (PERMPPH)

 

(Census population in households)/(Census households) = PERMPPH

Example:

CPOPNHH / CHH = PERMPPH = 32,500 / 13,000 = 2.5

If a service area seasonality survey has been conducted in accordance with Appendix B has been performed, insert the PERMPPH results from Worksheet D Part 2.

4.2 Worksheet B Section 4 – Service Area Seasonal Resident Persons-Per-Household (SEASPPH)

The seasonal resident persons-per-household is used in estimating the number of seasonal households in the Census year and to estimate the number of seasonal residents in the service area. The default SEASPPH shall be 1.95 unless the permittee calculates a utility-specific SEASPPH value by conducting a service area survey in accordance with the Population Survey Minimum Requirements, contained in Appendix B of this document and documented in Worksheet D Part 2.

4.3 Worksheet B Section 5 – Calculation of Peak Seasonal Resident Ratio (SEASRR)

See Section 3.2.5 for the SEASRR example calculation from Worksheet D.

4.4 Worksheet B Section 6 – Calculation of Census Year Seasonal Households (SEASHH)

This calculation estimates the number of seasonal resident households in the Census year, which is then used to estimate the ratio of seasonal to total households in the service area in Section 7.

((Peak Seasonal Resident Ratio – 1) x Census Population in Households)/Seasonal Resident Persons Per Household = SEASHH

Example:

((SEASRR – 1) x CPOPNHH) / SEASPPH = ((1.0547 – 1) x
32,500) / 1.95 = 912

4.5 Worksheet B Section 7 – Calculation of Seasonal Households to Total Households Ratio (SEAS/TOTHH)

This ratio is used to determine the proportion of residential account housing units in the service area that are seasonal.

(Census Year Seasonal Households) / (Census Households + Census Year Seasonal Households) = SEAS/TOTHH

Example:

(SEASHH) / (CHH + SEASHH) = 912/ (13,000 + 912) =

.065555

The SEAS/TOTHH ratio may also be developed from survey data in accordance with Appendix B and calculated as in Worksheet D Part 2.

4.6 Worksheet B Section 8 – Calculation of Seasonal Resident Peak Population for the Year of Interest (SEASPKPOP)

This calculation estimates the number of seasonal residents in the service area during the peak seasonal residence time of year (first quarter) for the year of interest. The estimate is based on the number of residential account housing units served, the ratio of seasonal to total households and the number of persons in a seasonal household.

(Residential Accounts Housing Units for the Year of Interest) x (Seasonal Households to Total Households Ratio) x (Seasonal Resident Persons-Per-Households) = SEASPKPOP

Example:

RESUNITS x SEAS/TOTHH x SEASPPH = 17,746 x .065555 x 1.95 = 2269

4.7 Worksheet B Section 9 – Calculation of Permanent Resident Population for the Year of Interest (PERMPOP)

This calculation estimates the permanent resident population of the service area for the year of interest. The estimate is based on the number of residential account housing units served, the ratio of permanent resident housing units to total housing units, and the number of persons in a permanent household.

(1 - Seasonal Housing to Total Housing Ratio) x (Residential Account Housing Units for the Year of Interest) x (Permanent Resident Persons Per Household) = PERMPOP

Example:

(1 – SEAS/TOTHH) x RESUNITS x PERMPPH =
(1 – .065555) x 17, 746 x 2.5 = 41,457

4.8 Worksheet B Section 10 – Seasonal Proportional Residence Time (SEASPROP)

Unless obtained by service area survey in accordance with the Population Survey Minimum Requirements (Appendix B of this document), the annual proportional residence time for seasonal residents (SEASPROP) for coastal beach destination counties shall be 0.4423 of the year. Coastal beach destination counties include Charlotte, Manatee, Pinellas and Sarasota. In all other counties, the SEASPROP shall be 0.5674.

4.9 Worksheet B Section 11 – Seasonal Resident Adjustment Factor (SEASADJ)

This calculation is used to develop an adjustment factor that takes into account the full water use of seasonal residents for the months they are in residence and potential irrigation/maintenance uses when they are not in residence. The adjustment factor to estimate an equivalent year-round seasonal population is calculated as:

 

_____________________

iSeasonal resident persons per household data represent the high range of seasonal resident persons-per-household in the available literature.

iiSeasonal resident length of stay data are based on a series of monthly, stratified, random sample telephone surveys completed with 492 seasonal resident households in Pinellas County. The data are drawn from historical (2000 – 2003) data developed by Research Data Services, Inc. per Klages Group memorandum dated December 18, 2003.

iiiSeasonal resident length of stay data are based on a random sample survey of 717 households in the Chassahowitzka, Homosassa, Kings Bay and Weeki Wachee springs basins conducted in 2001 by Planning Department of the SWFWMD.

 

_________________________________________________

 

 

((Seasonal Proportional Residence Time x 1325 gpcd) +

((1-Seasonal Proportional Residence Time) x (132 – 69.36 gpcd))) / 132 = SEASADJ

For Coastal Beach Destination Counties, the SEASADJ is:

((0.442 x 132) + ((1 – 0.442) x (132 – 69.3)))/132 = 0.707

For All Other Counties, the SEASADJ is:

((0.567 x 132) + ((1 – 0.567) x (132 – 69.3)))/132 = 0.773

4.10 Worksheet B Section 12 – Calculation of Functional Seasonal Resident Population (FSEASPOP)

This calculation converts the seasonal resident peak population for the year of interest to a functional population using the SEASADJ calculated above.

(Seasonal Resident Peak Population for the Year of Interest x Seasonal Resident Adjustment Factor) = FSEASPOP

Example for Non-Coastal Beach Destination County:

SEASPKPOP x SEASADJ = FSEASPOP = 2,269 x 0.773 = 1,754

 

________________________________

ivThe per capita water usage is the average of District-wide unadjusted gross per capita from Table A-1 of the annual Water Use Estimates report for the years 1996, 1997, 1998, 1999, 2000 and 2001. Six years are used to reflect a range of climatic conditions. for consistency of per-capita calculations over time, this per-capita is to remain constant and is not a moving average.

vStudy-wide mean daily per capita indoor use from Residential End Uses of Water prepared for the American Water Works Association Research Foundation, 1999.

________________________________

4.11 Worksheet B Section 13 – Calculation of Group Quarters Population

Calculate the ratio of Census group quarters population (CGRUPPOP) to Census population in households (CPOPNHH) for the Census blocks wholly or partially within the service area. This ratio is then applied to the permanent resident population for the year of interest (PERMPOP) calculated in Section 9 of Worksheet B. Permittees may also elect to survey group quarters population customers to determine the service area group quarters population. The survey must be conducted in accordance with the minimum sample size requirements of Appendix B of this document and the population must be estimated in a manner consistent with the Census definition of group quarters population. Since If group quarters population is included in the service area population, the permittee may not treat group quarters accounts as commercial for purposes of deducting significant uses pursuant to “PER CAPITA WATER USE IN THE SWUCA,” Section 3.6 of the Basis of Review. Group quarters population for the year of interest (GRUPPOP) shall be calculated as follows:

(Census group quarters population / Census population in households) x permanent resident population for the year of interest = GRUPPOP

Example:

(CGRUPPOP / CPOPNHH) x PERMPOP = GRUPPOP =

(300 / 32,500) x 41,457 = 383

 

4.12 Worksheet B Section 14 – Calculation of Total Required Water Service Area Functional Populations for the Year of Interest (REQPOP)

The required service area population that must be submitted is the sum of the estimated permanent resident population (PERMPOP), functional seasonal resident population (FSEASPOP), and group quarters population for the year of interest (GRUPPOP). This calculation creates a functional population for the service area composed of functional seasonal, and permanent residents.

REQPOP Example:

PERMPOP + FSEASPOP + GRUPPOP = REQPOP = 41,457 + 1,754 + 383 = 43,594

5.0 Worksheet G: Functional Tourist Population

Tourist population is the service area population that visits the service area on a short-term basis and generally stays in public lodgings (as opposed to residential housing units) but may include in-home tourists if estimated in accordance with approved survey methods (see Appendix B.). The objective is to estimate the functional tourist population, which is equivalent to the average annual number of service area tourists per day. Public lodging tourists may be estimated using direct estimates of the number of rooms, occupancy rates and guests per room as described in Section 5.1 below or they may be estimated indirectly from tourist lodging taxes as described in Section 5.2 below. Methods for estimating in-home tourists are described in Section 5.3 below. All calculations and data sources shall be documented including website addresses and download dates and titles, authors, and dates of reports. If copies of reports are not publicly available, copies shall be provided.

Note: Tourist population data for a particular public lodging utility customer shall not be included in the calculation of tourist population if a permittee deducts that lodging customer as a significant use. Tourist population shall not be included in functional population if the permittee deducts industrial/commercial uses in excess of the District-wide average in accordance with “PER CAPITA DAILY WATER USE IN THE SWUCA,” Section 3.6 of the Basis of Review.

5.1 Public Lodging Data Method

Functional tourist population in public lodging shall be calculated by multiplying the number of public lodging rooms within the service area times the average annual monthly occupancy rate times an average number of guests per room. Submitted lodging room inventory, monthly occupancy rate, and guests per room data shall be no more than six years old. Documentation shall be provided listing the facilities and their numbers of rooms.

5.1.1 Inventory of Service Area Public Lodging Rooms

For public lodging facilities such as hotels/motels, RV parks/campgrounds and short-term rental condominiums, “rooms”, “sites”, and “units’ are used interchangeably. The number of available rooms in the service area shall be obtained from the Florida Department of Business and Professional Regulation (DBPR), local convention/visitor bureaus (if tailored to the service area), utility billing records or a survey of utility lodging customers (see Section 5.1.4 of this Appendix).

The number of available public lodging rooms in the service area may be derived from data on the DBPR website (www.myflorida.com/dbpr/). The website provides information on the number of rooms along with the business name and location address that can be used to determine whether the lodging facility is located in the service area. Facilities are coded by type. The DBPR lodging facility codes to be used estimating available rooms are: 2001 (hotels), 2002 (motels), 2005 (bed and breakfast), 2006 (resort condominiums) and 2007 (resort dwellings).Note: If resort condominiums and dwellings are included in the utility's residential customer classes and are counted as public lodging rooms for tourist population estimation, then the number of such units shall be deducted from the dwelling unit counts in Worksheet A.

5.1.2 Average Annual Monthly Occupancy Rate

If monthly occupancy rates are not available from utility customer/consultant surveys, existing studies or sources such as conventions/visitor bureaus, the average monthly occupancy rate shall be calculated by averaging the monthly, quarterly or seasonal occupancy rates according to the available data. The shortest available duration occupancy rate data shall be utilized. Only data from source studies that include the service area shall be utilized. The geographic scope of average annual daily occupancy rate studies shall be no larger than county-wide unless the data are from a regional convention/visitors bureau. The example below shows the calculation of the average annual monthly occupancy rate from data other than utility lodging customer survey data. See Section 5.1.4 of this Appendix for an example of the calculation of occupancy rates from customer survey data.

Example Average Annual Monthly Occupancy Rate

Calculations (for data other than utility lodging customer survey data)

Monthly Occupancy Rates

 

JANFEBMARAPRMAYJUNJULAUGSEPOCTNOVDEC

 

.90.85.80.75.75.70.70.65.65.70.75.85

 

Average Annual Monthly Occupancy Rate =

 

(.90+.85+.80+.75+.75+.70+.70+.65+.65+.70+.75+.85) / 12 = .754

 

5.1.3 Average Guests-Per-Room

For coastal beach destination county service areas (see Section 4.8 of this Appendix), the default average guests-per- room shall be 2.7. For other service areas, the default average guests per room shall be 2.3 guests-per-room. If available, alternative average guests per room data may be obtained from local convention/visitor bureaus, consultant studies that include the service area or utility lodging customer surveys. The geographic scope of average guests per room studies shall be no larger than countywide unless the data are from a regional convention/visitors bureau.

5.1.4 Public Lodging Customer Survey Data

If average annual monthly occupancy rates and persons per room or party size are not available or relevant to the service area, such data shall be collected via survey from public lodging utility customers. Submitted survey data shall be no more than six years old. The total number of rooms available in the service area shall be estimated as described in Section 5.1.1 of this Appendix unless the survey covers all utility lodging customers. Surveys shall be sent to customers with meter sizes in proportion to the population of all public lodging account meter sizes. See Population Survey Minimum Requirements for minimum sample sizes (Appendix B).

From each surveyed public lodging utility customer, collect the number of rooms available, the annual average monthly room occupancy rate (see Section 5.1.2 of this Appendix), and the annual average guests per room. (Note: It may be advantageous to also collect average daily room rate on a monthly basis in the event that tourist lodging tax data are available for an area congruent with the service area.)

To calculate the sample average monthly occupancy rate and guests per room for application to total rooms available in the service area, the individual customers’ annual average monthly room occupancy rates and the annual average guests per room shall be weighted by the number of rooms per facility as shown in the example below.

 

Example Service Area Lodging Customer Survey Calculations

Utility LodgingGuestAverage MonthlyAverage Guests

CustomerRoomsOccupancy RatePer Room

130.602.4

212.702.8

360.752.1

Total Rooms = 102

The weighted average occupancy rate and guests per room to be applied to the total population of rooms would be:

Occupancy Rate: ((30 x .60) + (12 x .70) + (60 x .75)) / 102 = .70

Guests per Room: ((30 x 2.4) + (12 x 2.8) + (60 x 2.1)) / 102 = 2.27

 

5.1.5 Example Average Annual Public Lodging Tourists Per Day Calculation

The average annual public lodging tourists per day = Total service area rooms x average annual monthly occupancy rate x average guests per room.

Assuming that there are 1,000 total service area rooms according to Section 5.1.1 of this Appendix, that the average annual monthly occupancy rate is .70 and that the guests per room is 2.27 from the example in 5.1.4 above, the estimated public lodging tourists per day is:

 

Example Average Annual Public Lodging Tourists per Day Calculation

1,000 rooms x .70 occupancy rate x 2.27 persons per room = 1,589 tourists per day

5.2 County/Municipality Tourist Lodging Tax Method

Many counties and municipalities within the District assess tourist lodging taxes. At the election of the county, collections are administered either by the county tax authority of by the state Department of Revenue. If such monthly tourist lodging tax collections can be isolated to the service area, the average daily room rate per month and the tax rate applicable to the service area determined, then the number of room days per month can be calculated. The numbers of public accommodation room days per month are then summed, then multiplied by the average guests per room, as determined in Section 5.1.3 of this Appendix, and then divided by 365 to determine the functional public lodging tourist population. Submitted data shall be no more than six years old.

 

Example Tourist Lodging Tax Functional Tourist
Population Calculations

Monthly Service Area Tourist Lodging Tax Collections

JANFEBMARAPRMAYJUN

$75,330$64,260$66,960$60,750$59,288$53,550

JULAUGSEPOCTNOVDEC

$52,080$48,360$46,800$52,080$57,375$71,145

 

Monthly Room Revenue = Monthly Tax Collections / Tax Rate
(Assume 0.03 or 3%)

 

JANFEBMARAPRMAYJUN

$2,511,000$2,142,000$2,232,000$2,025,000$1,976,250$1,785,000

 

JULAUGSEPOCTNOVDEC

$1,736,000$1,612,000$1,560,000$1,736,000$1,912,500$2,371,500

 

Average Daily Room Rate

 

JANFEBMARAPRMAYJUNJULAUGSEPOCTNOVDEC

$90$90$90$90$85$85$80$80$80$80$85$90

 

Total Room Days Per Month = Monthly Room
Revenue / Average Daily Room Rate

 

JANFEBMARAPRMAYJUNJULAUGSEPOCTNOVDEC

27,90023,80024,80022,50023,25021,00021,70020,15019,50021,70022,50026,350

 

Functional public lodging tourist population

= (sum of total room days per month x average guests per room) / 365.

Assume average guests per room = 2.7.

((27,900+23,800+24,800+22,500+23,250+21,000+21,700+20,

150+19,500+21,700+22,500+26,350) x 2.7) / 365 = 2,035

 

5.3 Calculation of Functional In-Home Tourist Population

In addition to calculating public lodging tourist data, permittees may also collect data on tourists that are in-home guests of permanent or seasonal residents. The data indicated below shall be gathered through the use of survey methods in accordance with the Population Survey Minimum Requirements (Appendix B). The objective is to determine the average number of in-home tourists per day using a survey-estimated number of in-home guest days per household per year. The data may be collected separately or as part of a Seasonal Resident Survey.

The survey must be at the household level and must inquire as to the number of guests in the last year and their length of stay. The average in-home tourist days per household are the cumulative sum of guest days reported by the surveyed households, divided by the number of households responding to the survey. The average in-home guest days per household per year is then multiplied by the residential account housing units for the year of interest (RESUNITS) from Worksheet A, and then divided by 365 days. The functional in-home tourist population is then estimated as:

(Residential Account Housing Units for the year of interest x average in-home tourist days per household per year) / 365 days per year

For example, if there were 4 households
responding to the survey and they indicated the following:

 

Responding Household #	Guest Number	Guest Stay in Days
1	1	3
1	2	5
1	3	5
2	1	7
2	2	7
3	1	2
3	2	8
4	1	3
4	2	6
	Sum of Guest Days	46

 

The total guest stay in days is 46.

The average in-home tourist days per household per year would be:

 

46 guest days / 4 households = 11.5 tourist days per household

 

Assuming 17,746 residential housing account units for the year of interest (RESUNITS) and 11.5 in-home tourist days per household per year, the average annual in-home tourists per day would be:

(17,746 x 11.5) / 365 = 559

 

5.4 Calculation of Total Functional Tourist Population for the Year of Interest (FTOURPOP)

The total functional tourist population is the sum of the estimated functional public lodging tourist population as determined by one of the methods described in Sections 5.1, or 5.2 above and/or the functional in-home tourist population as described in Section 5.3 4.

 

Using the Examples From Sections 5.1 and 5.3 Above:

1,589 public lodging tourists per day + 559 in-home tourists per day = a total functional population for the year of interest (FTOURPOP) of 2,148

 

Using the Examples From Sections 5.2 and 5.3 Above:

 

2,035 public lodging tourists per day + 559 in-home tourists per day =

a total functional population for the year of interest (FTOURPOP) of 2,594

 

6.0 Worksheets H & I – Functional Net Commuter Population (Optional)

This optional calculation estimates the net change in service area population during the regular workweek caused by persons entering or leaving the service area to work. This net change in population is then adjusted for the typical hours of the day worked and the typical number of days in the workweek.

The net commuter population shall be calculated using data from the Census Transportation Planning Package (CTPP) Part III based on data from the most recent decennial Census. The objective is to sort workers that show up as working and/or living in the Census tracts selected to represent the service area into: a) those that live in the selected tracts, and b) those that work in the selected tracts. Each group is summed and the sum of the number of workers that live in the selected service area tracts is subtracted from the sum of the number of workers that work in the selected service area tracts. The resulting difference is the number of net commuters in the selected tracts.

The number of net commuters is then divided by the sum of Census permanent population in households for the selected tracts. This results in a ratio of net commuters to total permanent population in households (or percentage of population in households that are net commuters). This ratio is then applied to the Permanent Resident Population for the Year of Interest (PERMPOP) as calculated in Section 4.7 of this Appendix to estimate the year of interest net commuter population. The population is then multiplied by 8/24 (0.333) and 5/7 (0.714) to account for the length of the workday and the workdays of the week, respectively, to form a functional net commuter population.

6.1 Worksheet H – Selection of Census Geography to Represent Service Area

For most service areas, the lowest geographic level at which Census commuter data will be available is the tract. Census tract level data shall include data from all tracts totally within the service.

For each Census tract partially within the service area, select the Census blocks which are wholly or partially within the service area boundary and sum the Census total housing units (for the 2000 Census data set SF1, Table H1) for each of those blocks in Worksheet H. Divide the sum of the selected Census block housing units (B) by the total number of housing units for that Census tract (A). If the number of housing units both within the service area and the tract divided by the total the total housing units in the tract is equal to or greater than 0.34 then the estimated net commuter and population in households data from that tract shall be used in the calculation of the service area functional net commuter population in Worksheet I along with Census tracts that are completely within the service area.

 

“34%” Partial Census Tract Selection Example

Comparing a service area map to tract maps, county 000 tract 012600 is clearly within Acme Utility’s service area. A good bit of tract 013001 also appears to be in the service area. A small portion of 013004 appears to be in the service area. Should 013001 and 013004 be included? Selecting all the Census blocks in 013001 that are wholly or partially within the service area results in 274 housing units. The total number of housing units in tract 013001 is 530. Selecting all the Census blocks entirely in tract 013004 results in 137 housing units. The total number of housing units in tract 013004 is 424.

 

Partial   Tract	Housing Units  In   Blocks in Service Area	Total   Housing   Units   In Tract	Percent ZCTA   Housing   Units in Service Area	Include?
013001	274	530	51.7%	Yes
013004	137	424	32.3%	No

 

6.2 Availability of Tract Level Net Commuter and Population Data From the District

As of the writing of this document, manipulation of the data from the Department of Transportation website requires the skilled use of statistical software. It is the intent of the District to make available the Census year net commuter and permanent population in households by Census tract in an electronic format for use with common spreadsheet software and entered into Worksheet I. The data may be obtained from the District’s website or Planning Department. However, for the purpose of documentation, and in the event the District data are not available, or if a permittee desires to analyze the data directly, the general methodology for obtaining the proper data is outlined in Section 6.3 and the methodology for calculating the net commuter population directly from CTPP data is described in subsections 6.4 a, b, and c below, of this Appendix.

6.3 If Not Using District Provided Commuter Data – Commuter Population and Population in Households Data to Be Collected

Net commuter population shall be developed from CTPP data from the most recent decennial Census. The CTPP is housed at the U.S. Department of Transportation – Bureau of Transportation Statistics website www.transtats.bts.gov. The data source is the CTPP Part III data set for Florida. The data to be used for the calculations are found in Table 1: Total Workers. From this table, the Total Worker data must then be extracted by county to avoid including all tracts in the state with identical tract numbers (refer to the documentation/instruction file that accompanies the data file when downloading). County information is found in column “QPOWCO”, workplace county Federal Information Processing Standard (FIPS) code, and column “COUNTY”, residence county FIPS code. Tracts where workers work, regardless of residence tract, are found in the column with the heading “QPOWTRACT: Workplace Census Tract Code.” Tracts where workers live, regardless of where they work, are found in the column with the heading “TRACT: Census Tract Code.” Total workers data corresponding to the combinations of workplace and residence tracts are located in the “TAB301X1” column.

Population in households data (for the 2000 Census, data set SF1, table P16, or equivalent) shall be collected for the selected tracts. Note: population in households data are not found in the CTPP but are found with regular Census data. See Section 2.1 of this Appendix.

6.3.1 Obtaining Worker and Resident Worker Totals from Census Transportation Planning Package Part III

a. Identify Tracts in Service Area and FIPS county code for county where tracts are located

b. Obtain Census Transportation Planning Package Part III data for Florida from the U.S. Department of Transportation – Bureau of Transportation Statistics website (www.transtats.bts. gov)

c. From the Census Transportation Planning Package Part III data for Florida select Table 1 (“Total Workers”)

d. Create one table similar to Example Table 1 below listing number of workers per tract: From Table 1 identified in c. above, find all the entries with your county FIPS code in column QPOWCO. From those, select the tracts identified as being in your service area from column QPOWTRACT and the number of workers in column TAB301X1 associated with the selected tracts

e. Create another table similar to Example Table 2 below listing number of resident workers per tract: From Table 1 identified in c. above, find all the entries with your county FIPS from column COUNTY. From those, select the tracts identified as being in your service area from column TRACT, and the number of workers in column TAB301X1 associated with the selected tracts.

6.4 Worksheet I – Calculation of Functional Net Commuter Population for the Year of Interest (FNETCOM)

The calculation of the net commuter population requires several steps. These are listed below. If using District- provided data, skip steps a, b, and c.

a. This step required only if not using District-provided net commuter data. Sum the number of workers per tract from the table listing the number of workers per workplace census tract (QPOWTRACT). This total represents the number of workers that work in the service area tracts.

b. This step required only if not using District-provided net commuter data. Sum the total number of resident workers per tract from the table listing the number of resident workers per residence census tract (TRACT). This total represents the number of workers that live in the service area tracts.

c. This step required only if not using District-provided net commuter data. Subtract the total workers that live in the service area tracts (as determined in b. above) from the total workers that work in the service area tracts (as determined in a. above) to determine the total net commuter population for the service area. Enter the total under “A” in Worksheet I, or

d. Sum the District-provided net commuters by Census tract in Worksheet I under “A.”

e. Sum the Census populations in households for the selected service area tracts under “B”.

f. Divide the total net commuter population for the service area tracts (as determined in c. above or from District provided data in d) by the sum of the Census population in households for the selected tracts (as determined in e. above from Census sources or from District provided data). This ratio represents the ratio of net commuters to total population in households for the Census year (“C”).

g. Apply the ratio calculated in f. above to the Permanent Resident Population for the Year of Interest (PERMPOP) (as determined in Section 9 of Worksheet B) to determine the year of interest net commuter population. The net commuter population is assumed to grow in proportion with the service area permanent resident population.

h. As net commuters generally spend eight hours per day for five days in the service area, the net service area commuter population for the year of interest is reduced by factors of 8/24 hours (.333) and 5/7 days (.714) to estimate functional net commuter population for the year of interest (FNETCOM). The FNETCOM is then added to the total required functional population for the year of interest (REQPOP) and any other optional populations.

Example Functional Net Commuter Population
Calculations for Year of Interest

Assume that the service area is located in County 000 and tracts 012600 and 013001 are selected to represent the service area. CTTP Part III worker and resident worker data by tract is listed below. Further assume that the sum of the Census population in households for the two tracts is 2400. Finally, assume that the Permanent Resident Population for the Year of Interest (PERMPOP) is 2,600. Note: TRACT = TRACT: Census Tract Code and QPOWTRACT = QPOWTRACT: Workplace Census Tract Code.

Example Table 1. Workers

 

QPOWCO	QPOWTRAC T	TRACT	TAB301X 1
(work county)	(work tract)	(residence tract)	(workers)
000	012600	012600	250
000	013001	012600	75
000	012600	013001	70
000	013001	013001	100
000	012600	013002	90
000	013001	013002	40
000	013001	013003	150
		TOTAL	775

 

Example Table 2. Resident Workers

 

COUNTY	TRACT	QPOWTRAC T	TAB301X 1
(residence county)	(residence tract)	(work tract)	(workers)
000	012600	012600	250
000	012600	012800	75
000	012600	013001	75
000	013001	012600	70
000	013001	012800	25
000	013001	013001	100
		TOTAL	595

 

Net commuters in tracts 012600 and 013001 = 775 – 595 = 180

(or use District-provided net commuter population by tract)

Ratio of net commuters to selected tracts population in
households = 180 / 2400 = .075

 

Net commuter population for year of interest = .075 x PERMPOP = .075 x 2,600 = 195

 

Functional net commuter population for year of interest =

 

FNETCOM = 195 x .333 x .714 = 46

 

Appendix B

 

Population Survey Minimum Requirements

To Part D of the Water Use Permit Information Manual: Requirements for the Estimation of Permanent And Temporal Populations in the Southern Water Use Caution Area

1.0 Service Area Seasonal Resident and In-Home Tourist Survey

Data from the survey are used to develop seasonal household to total household, seasonal length of stay, and persons per household information used in estimating permanent and seasonal resident population. The survey may also be used to estimate the average annual in-home tourist days. It must be demonstrated that the sample is a random sample of all permanent and seasonal resident customers and includes both single family and multi-family residences in the service area. The use of billing address databases to create a mailing list will skew survey results to the demographic characteristics of the occupants of single-family residences, as most multi-family residences are master-metered. Unless the residential account housing units are ninety-five percent or more single family residences, the mailing list shall be obtained from mailing address databases such as those provided by marketing firms or other utilities, such as electric or phone, that individually meter/bill both single-family and multi-family housing units. Marketing/survey firms can provide randomized mailing lists for census, zip code or other delineated areas, such as electronic service area boundaries, that can approximate the service area. To ensure the broadest participation by seasonal residents, the survey must be conducted during the peak seasonal residence months of January, February or March. Alternate peak and low season months may be proposed and analyzed for the development of seasonal resident data. Yearlong surveys may also be conducted but must have a sufficient sample size during the first quarter of the year to comply with the minimum sample size requirements as described in Section 2 below.

The planning and implementation of a survey is crucial in obtaining a random survey of sufficient sample size. The survey shall not be included as a bill stuffer. It is highly recommended that the survey be anonymous and that there be no identification of the recipient on the survey other than as a water utility customer. Unless the survey is conducted by qualified professionals, a mail survey must be conducted in lieu of a phone survey.

The seasonal resident survey must address the following questions to all survey recipients:

a. Does your household live at another residence for part of the year?

b. If yes to a. above, what months of the year does this household typically reside at this address?

c. How many persons are typically in your household?

Respondents that live three or more months away from their service area residence shall be considered seasonal residents.

The in-home tourist portion of the survey, if such data are desired, must address the number of days stayed for each short-term guest during the most recent year. Instructions to survey recipients must indicate that only guests originating from outside the service area should be listed. Seasonal residents that sub-let or rent their residence may include such short-term visitors as in-home tourists.

If a permittee elects to use seasonal resident or in-home tourist survey data, the data shall be no older than ten years.

 

Example table of data to be solicited:
In-home Guest	Length of Stay (Days)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

 

2.0 Minimum Survey Sample Sizes

The minimum sample size is the number of surveys that must be completed for the results to be valid. Therefore, the total number of surveys to be conducted must take into account an estimate of the return rate for completed surveys. Required minimum sample sizes are found in the following table7. To ensure the validity of the survey, it is recommended that a maximum ten percent completion rate be assumed if follow-up calls are not made (for phone surveys) or follow-up cards and/or surveys are not provided (for mail surveys). It is recommended that a maximum twenty percent return rate be assumed if follow-up calls are made or if follow-up cards and/or surveys are utilized. The total number of surveys to be conducted/sent is the minimum sample size divided by the assumed return rate. For example, if the minimum sample size is 200 and the assumed completion rate is twenty percent, the number of surveys that should be sent/conducted is 200/0.2 = 1000. It is further recommended that a phone number or website be placed on follow-up cards where a replacement mail survey can be obtained if the original was discarded.

2.1 Seasonal Resident and In-Home Tourist Surveys

The population on which the minimum sample size for seasonal residents and in-home tourists is based is the total number of residential account housing units served as calculated in the year of interest residential account housing unit Worksheet A for the year before the survey is conducted.

2.2 Public Lodging Utility Customer Survey

The population on which the minimum sample size for public lodging accounts is based is the total number of public lodging utility accounts.

2.3 Group Quarters Population Survey

The population on which the minimum sample size for group quarters population customers is based is the total number of group quarters accounts.

____________________

7Adapted from: Milon, J. W. and Grace Johns. A Handbook for Economic Analysis of Coastal Recreation Projects. SGR-45 Prepared for Florida Sea Grant College. April 1982.

____________________

 

Minimum Sample Size Required

Population SizeRequired Sample Size

    Less than 500      Survey entire population

500222

1,000286

2,500345

5,000370

10,000385

50,000397

100,000398

Over 100,000400

For populations between the listed values, the required sample size shall be calculated by interpolation. See Section 3.2.4 of Appendix A for interpolation example.

3.0 Maximum Age of Data

If a permittee elects to use seasonal resident or in-home tourist survey data, the data shall be no older than ten years. Group quarters population survey data must be collected on an annual basis.

Appendix C

Worksheets A to I To Part D of the Water Use Permit Information Manual: Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix D

 

Census Year Seasonal Resident and Permanent Population by Zip Code

To Part D of the Water Use Permit Information Manual: Requirement for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area

 

 

 

 

Sheet 2-Sample Calculation of Peak Seasonal Resident Ratio (SEASRR)
Sample Calculation of Peak Seasonal Resident Ratio
(Data from "Data by ZIP Code" Worksheet)
Selected ZIP Codes	Estimated Seasonal   Resident Population	Permanent Census   Population
	A	B
33837	7,121	21,315
33838	972	2,843
33844	7,378	26,600
33850	315	4,039
33868	1,659	10,885
33881	2,459	28,225		Peak Seasonal Resident Ratio
	Sum of A	Sum of B		(Sum A + Sum B) / Sum B
	19,904	93,907		1.212

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 2, 2004, and October 1, 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.