The Southwest Florida Water Management District’s Water Use Permit (WUP) Rules are being revised in association with the District’s ongoing development, implementation and refinement of its comprehensive electronic permitting and information system ...  


  • RULE NO: RULE TITLE
    40D-2.021: Definitions
    40D-2.041: Permits Required
    40D-2.091: Publications Incorporated by Reference
    40D-2.321: Duration of Permits
    40D-2.501: Permit Classification
    40D-2.621: Water-Conserving Credits
    PURPOSE AND EFFECT: The Southwest Florida Water Management District’s Water Use Permit (WUP) Rules are being revised in association with the District’s ongoing development, implementation and refinement of its comprehensive electronic permitting and information system know as the Water Management Information Systems or WMIS. As part of this overall effort, the District is seeking to streamline WUP application processes where appropriate. Amendments are being proposed to several rules in Chapter 40D-2, F.A.C., and to the District’s Water Use Permit Information Manual Part B, Basis of Review (BOR), to refine the permit category now informally known as “Small General” WUPs and to incorporate the term “Small General,” into existing rules. Additional related amendments are also proposed for Chapter 40D-1, F.A.C. The overall purpose of this rulemaking is to re-define the Small General WUP category based upon minimal risk to the water resource for most water demands of less than 100,000 gallons per day, and to reduce where appropriate the level of information required to be submitted in support of applications for and compliance monitoring of Small General WUPs. The effect of this rulemaking package will be to limit the types of permits appropriate for the Small General permit category to those water uses that do not require significant evaluation or monitoring due to little-to-no risk of adverse impacts. Specifically, Rule 40D-2.041, F.A.C., is amended to re-define the Individual, General and Small General WUP categories, as the General WUP category will now include some water uses that previously would have been considered as Small General WUPs. Rule 40D-2.621, F.A.C., is amended to limit water-conserving credits to General and Individual WUPs. Rule 40D-2.091, F.A.C., is amended to adopt an updated version of the District’s BOR, which is revised to reduce the permit application submittal and compliance monitoring requirements for Small General WUPs. The BOR and Rule 40D-2.321, F.A.C., are also amended to delete provisions relating to the District’s one-time permit renewal redistribution process for Small General and General WUPs, as this process has been completed and is no longer needed.
    Some additional amendments not necessarily limited to Small General WUPs are also proposed at this time for clarification purposes. Rule 40D-2.021, F.A.C., is revised to identify more correctly those definitions that apply only in the Southern Water Use Caution Area. Rule 40D-2.091, F.A.C., is amended to move the list of irrigation water use forms used for monitoring purposes to Rule 40D-1.659, F.A.C. Rule 40D-2.501, F.A.C., is amended to use the term “permit use types” instead of “permit classification” when referring to the types of water uses authorized in WUPs. The effect of these clarifying amendments will be to make existing WUP rules, practices and forms more consistent.
    SUBJECT AREA TO BE ADDRESSED: Water Use Permitting.
    SPECIFIC AUTHORITY: 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS.
    LAW IMPLEMENTED: 373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.103, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.236, 373.239, 373.243, 373.246 FS.
    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

    40D-2.021 Definitions.

    The following definitions shall apply when used in this chapter and in the District’s Water Use Permit Information Manual Part B, “Basis of Review” incorporated by reference in Rule 40D-2.091, F.A.C. within the Southern Water Use Caution Area:

    (1) through (2) No change.

    (3) “Change in Ownership or Control” with respect to Self-Relocation within the Southern Water Use Caution Area (SWUCA) 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) through (5) No change.

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

    (7) “New Quantities” within the SWUCA 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) through (10) No change.

    (11) “SWUCA” means the Southern Water Use Caution Area as described in paragraph 40D-2.801(3)(b), F.A.C.

    (12)(11) 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 1-1-07, Amended_________.

     

    40D-2.041 Permits Required.

    (1) No change.

    (2) Water Use Permit categories are based on the combined annual average daily water demand, defined as the total reasonable-beneficial water quantity necessary for the proposed water use, to be obtained during one year from ground water, surface water, alternative water supply, imported water or any other water source, divided by 365 days and expressed in gallons per day (gpd). The District issues the following categories of Water Use Permits:

    (a) Individual. Water Use Permits for a combined annual average daily water demand of 500,000 gpd or greater are issued as Individual Water Use Permits. Individual Water Use Permits Water Use Permits must receive approval from of the Governing Board if the annual average daily withdrawal equals or exceeds 500,000 gpd.

    (b) General. Water Use Permits for the following are issued by District staff as General Water Use Permits, except as provided in Chapter 4, Section 4.3 A.1.a.ii.(4) of the Basis of Review:

    1. A combined annual average daily water demand less than 500,000 gpd but greater than or equal to 100,000 gpd; and

    2. A combined annual average daily water demand less than 100,000 gpd when:

    a. The Drought Annual Average is 100,000 gpd or more in the Southern Water Use Caution Area;

    b. Withdrawal is for mining or dewatering;

    c. Withdrawal is from a surface water source;

    d. The maximum daily withdrawal quantity equals or exceeds 1,000,000 gpd for crop protection or other use; or

    e. The withdrawals are required by the permit to be metered and withdrawal quantities reported to the District.

    (c) Small General. Water Use Permits for a combined annual average daily water demand less than 100,000 gpd are issued as Small General Water Use Permits unless any criteria listed above for General Water Use Permits apply. Small General Water Use Permits are issued by staff.

    (3) Water Use Permits with an annual average daily withdrawal less than 500,000 gpd may be issued by District staff as general permits.

    (3)(4) The District shall require an Individual, General or Small General Wwater Uuse Ppermit when evidence indicates the withdrawal is likely to cause significant adverse impacts to existing water or land uses or the water resource or the withdrawal is within an area that is experiencing or is projected to experience withdrawal-related adverse water resource or environmental impacts.

    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, 11-4-84, 10-1-89, 2-10-93, 4-11-94, 1-1-07,_________.

     

    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) Water Use Permit Information Manual Part B, “Basis of Review” (____) (5/08); and

    (2) Water Use Permit Information Manual Part D, “Requirements for the Estimation of Permanent and Temporal Service Area Populations in the Southern Water Use Caution Area” (1/07).;

    (2) “Irrigation Water Use Form – Annual Crops” Form 46.20-010 WUP-10 (10/01);

    (3) “Irrigation Water Use – Annual Recreational/Aesthetic/Golf” Form 46.20-009 WUP-11 (10/01);

    (4) “Irrigation Water Use – Summer/Fall Seasonal”, 46.20-011 WUP-13 (10/01); and

    (5) “Irrigation Water Use – Winter/Spring Seasonal”, 46.20-012 WUP-12 (10/01).

    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, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08,________.

     

    40D-2.321 Duration of Permits.

    (1) through (5) No change.

    (6) Permits with annual average daily withdrawals of less than 500,000 gpd shall be eligible for extension of the expiration date in accordance with procedures set forth in Section 1.9 of the District’s “Basis of Review for Water Use Permit Applications” as described in Rule 40D-2.091, F.A.C.

    (6)(7) No change.

    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, 1-1-07, 2-13-08,_________.

     

    40D-2.501 Permit Use Types Classification.

    Each Water Use Permit shall authorize water withdrawals for as many of the following use types as are applicable, and shall be classified according to the source, use type for which the greatest withdrawal quantities are authorized. Permit use types are as follows, and method of withdrawal in one or more of the following categories:

    (1) through (3) No change.

    (4) Industrial or Commercial, and

    (5) Mining or Dewatering., and

    (6) Standby Alternative Source.

    Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219, 373.246 FS. History–Readopted 10-5-74, Amended 12-31-74, Formerly 16J-2.16, Amended 11-4-84, 10-1-89, 1-1-03,_________.

     

    40D-2.621 Water-Conserving Credits.

    (1) On January 1, 2003, permits authorizing a water withdrawal within the SWUCA Southern Water Use Caution Area as described in paragraph 40D2.801(3)(b), F.A.C., for irrigation shall be assigned an initial Water-Conserving Ccredit by the District for a quantity of water as set forth in Chapter 3 of the Basis of Review incorporated by referenced in Rule 40D2.091, F.A.C.

    (2) Beginning on January 1, 2003, all Ppermittees with an Individual or General Water Use Ppermit authorizing a water withdrawal within the SWUCA as described in paragraph 40D2.801(3)(b), F.A.C., for irrigation may earn Water-Conserving Credits to withdraw additional quantities of ground water for use at the site at which they were earned and for the source for which they were earned. Water-Conserving Credits are earned if less than the allowable amount of groundwater is applied to actual, planted acreage as set forth in Chapter 3 of the Basis of Review incorporated by reference described in Rule 40D2.091, F.A.C.

    (3) Withdrawals under the Water-Conserving Credits shall meet the Conditions for Issuance set forth in subsection 40D2.301(1), 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 1-1-07,_______.

     

    WATER USE PERMIT INFORMATION MANUAL PART B, BASIS OF REVIEW

    1.0 PERMITTING PROCEDURES

    1.4 APPLICATION FORMS

    Permit applicants shall submit the Individual, General or Small General Water Use Permit Application Form appropriate to the combined annual average demand for the proposed use annual average quantities requested, as incorporated by reference provided in subsections 40D-1.659(8), (9), and (10), F.A.C. Applicants for Individual and General Water Use Permits 100,000 gpd or more annual average quantities shall also submit all of the Water Use Permit Application Supplemental Form(s) applicable to their water uses type, as incorporated by reference provided in subsections 40D-1.659(11) through (15), F.A.C. Applicants for a Letter Modification to their water use permit shall submit the Modification Short Form, incorporated by referenced in subsection 40D-1.659(16), F.A.C.

    These forms may be obtained from any District Service Office, or from the District website at www.watermatters.org.

    New 1-1-03, Amended 11-25-07,________.

     

    1.6 APPLICATION REVIEW PROCESS

    First 4 paragraphs – No change.

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

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

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

    Amended 1-1-07, 12-24-07,_______.

    1.9 PERMIT DURATION

    The District typically issues permits in accordance with the following guidelines:

    1. through 6. No change.

    7. One-time Permit Renewal Redistribution Process for Small General and General Permits:

    a. General Provisions:

    (1) The following definitions shall apply to this subsection 6.

    (a) General Permit – A permit with an annual average daily withdrawal of greater than or equal to 100,000 gpd and less than 500,000 gpd.

    (b) Small General Permit – A permit with an annual average daily withdrawal of less than 100,000 gpd.

    b. Specific Provisions:

    (1) Random Selection of Permits for Extension:

    A one-time random selection process that will be performed as follows:

    (a) For each year of the 10-year period, which years begin on October 1 and end at 11:59 p.m. September 30, beginning October 1, 1998 and ending September 30, 2008, the District will randomly select permits expiring in that year for extension of the expiration date in order to reduce the variability of the projected number of permit renewal applications to be received by the District. The number of permits extended for any given year will depend on the number of permits expiring that year which are determined to be in excess of the targeted average annual number of renewal applications.

    (b) The random selection of permits for extension will be performed individually for each year in succession, beginning with October 1, 1998 and ending with September 30, 2008. Permits will be selected for extension until the number of permits in excess of the targeted average annual number of renewal applications is reached.

    (c) Permits not selected for extension shall retain the expiration date shown on the face of the permit.

    (2) Assignment of Extension Duration:

    (a) Permits selected for extension shall be subject to a second random selection process in which the duration of extension will be assigned. Expiration dates of randomly selected permits will be extended to the first future year, beginning with the year starting October 1, 2008, in which available capacity exists below the targeted average annual number of renewal applications. Permit durations will be extended to that year until the targeted average annual number of renewal applications is reached. Any remaining permits representing additional excess over the targeted average annual number of renewal applications will be assigned to the next successive year in which available capacity exists below the targeted average annual number of renewal applications.

    (b) In assigning the extension, the District shall not extend the expiration date of any permit beyond September 30, 2018.

    (3) Permit Renewal Allocation/Expiration Date Assignment:

    (a) Permits extended shall be subject to a third random selection process in which the actual day and month of the selected year between October 1, 2008 and September 30, 2018 is assigned to each specific permit. This process shall be performed individually for each year in succession and will facilitate an even distribution of permit expiration dates within each year.

    (b) Permittees whose permits are extended and whose permits which, prior to extension, would have expired on or between October 1, 1998 and September 30, 2007, shall be notified by the District of the revised expiration date by August 1, 1998.

    (c) Permittees whose permits are extended and whose permits which, prior to extension, would have expired on or between October 1, 2007 and September 30, 2008, shall be notified by the District of the revised expiration date by January 1, 1999.

    c. Permits for which the expiration date is extended pursuant to this subsection 6. shall continue to meet all conditions for issuance set forth in Rule 40D-2.301, F.A.C., including compliance with minimum flows and levels and associated prevention and recovery strategies, and are subject to modification and revocation pursuant to Rules 40D-2.331 and 40D-2.341, F.A.C.

    Revised 8-23-07, 2-13-08,_______.

     

    1.11 RENEWAL OF PERMITS

    1. No change.

    2. Subsection 1. above shall be applicable to those permits which are not extended pursuant to subsection 40D-2.321(6), F.A.C., and Section 1.9 above, based on the expiration date on the face of the permit.

    3. Subsection 1. above shall be applicable to those permits which are extended pursuant to subsection 40D-2.321(6), F.A.C., and Section 1.9 above, based on the revised expiration date assigned to the permit.

    1-1-07, Revised 8-23-07, 4-7-08,________.

     

    3.0 REASONABLE WATER NEEDS

    3.1 DETERMINING REASONABLE QUANTITIES

    ALTERNATIVE WATER SUPPLIES WITHIN THE SWUCA

    Reuse Feasibility Investigation Within The SWUCA – Investigation of the feasibility of the use of reclaimed water (reuse) shall be required within the SWUCA for all Individual and General Water Use Permit applicants and permittees uses, and reuse shall be required where economically, environmentally and technically feasible. For those water use permittees also required to investigate reuse pursuant to Section 403.064, F.S., the investigation shall be in accordance with Section 403.064, F.S., and any rules promulgated thereunder. Reclaimed water suppliers whose reclaimed water is 100% reused, reclaimed water users whose water use is 100% reclaimed water, and permittees with a reuse plan already accepted by the District, shall not be required to conduct a reuse feasibility study. Reuse of reclaimed water as an alternate, replacement, or supplemental water source for irrigation, industrial process, cleaning, or other non-potable use shall be investigated by all appropriate Individual and General Water Use Permit applicants or permittees. Applicants for Individual and General Water Use Permits these water uses shall provide an analysis of reclaimed sources for the area, including the relative location of these sources to the applicant’s or pPermittee’s property, the quantity and timing of reclaimed water availability, costs associated with obtaining the reclaimed water, the suitability of reclaimed water for the intended use, and an implementation schedule for reuse. Infeasibility shall be supported with a detailed explanation.

    Small General Water Use Permit applicants who have not incorporated Alternative Water Supplies will be required to confirm that there are no Alternative Water Supply sources that are technically, economically and environmentally feasible to use as a water source for the applicant’s intended use. Small General Water Use Permits will be conditioned to require that the permittee notify the District of any future connection to an Alternative Water Supply source, and the permit will be modified to require the permittee to use the Alternative Water Supply to the greatest extent practicable.

    1-1-03, Amended_______.

     

    REPORTING ALTERNATIVE WATER SUPPLY QUANTITIES WITHIN THE SWUCA

    Alternative Water Supply Receivers Within The SWUCA –All Individual and General Water Use permittees permitted uses within the SWUCA that which receive reclaimed water, or stormwater or other Alternative Water Supply for all or a part of their combined annual average daily water demands (e.g. golf courses, industrial/commercial uses, agricultural uses, etc.) shall be required to meter, record and report Alternative Water Supply quantities and sources on a monthly basis. Permittees shall list the Alternative Water Supply 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 1-1-07, ______.

     

    CONSERVATION

    Alternative Water Supplies Within the SWUCA – Individual and General Water Use Permit aApplicants 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.

    New 1-1-07, Amended______.

     

    3.3 AGRICULTURE

    REPORTING REQUIREMENTS FOR IRRIGATION WATER USE WITHIN THE SWUCA

    Crop Reports – All Individual and General Water Use pPermittees whose annual average daily permitted use is equal to or exceeds 100,000 gpd shall record for each metered permitted withdrawal point the following information on the applicable Irrigation Water Use Form incorporated by reference in subsections 40D-1.659(26), (28) and (29), F.A.C., GROUNDWATER according to crop type. for all Those that irrigate seasonal crops (examples: vegetables or other row crops) shall provide items 1. through 8. and nurseries; Those that irrigate aAnnual crops and plants (examples: citrus, blueberries, commercial hay, sod, nurseries, pasture, golf courses, lawn & landscape) may omit items 5., and 6., and 7.:

    1. through 4. No change.

    5. Use or non-use of plastic mulch;

    5. through 7. renumbered 6. through 8. No change.

    8. Number of acres of tees and greens.

    1-1-03, Amended______.

     

    Irrigation Pumpage 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 pPermittees not achieving the allotted quantities are subject to District approval.

    Transferred from Chapters 7.1 and 7.2, 1-1-07, Amended______.

     

    3.4 INDUSTRIAL OR COMMERCIAL

    CONSERVATION PLANS FOR INDUSTRIAL AND COMMERCIAL USES WITHIN THE SWUCA

    All permit applicants for Individual or General Water Use Permits for ground water withdrawals within the SWUCA for industrial or commercial uses are required to submit to the District at time of application, a water conservation plan describing where and when water savings can be reasonably achieved and specifically addressing all components of use and loss in the water balance, including but not limited to recycling, reuse, landscaping and an implementation schedule to the District at time of application. Existing permittees with ground water withdrawals not previously within a Water Use Caution Area shall submit a conservation plan by January 1, 2003.

    1-1-03, Amended_____.

     

    3.6 PUBLIC SUPPLY

    SWUCA REQUIREMENTS

    The following water conservation requirements designated to apply within the SWUCA shall apply to all public supply utilities and suppliers with Individual and General Water Use 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, regardless of the name(s) on the water use permit. Failure of a wholesale customer to comply may result in modification of the wholesale permit to add a permit condition limiting or reducing the wholesale customer’s quantities, or other actions by the District.

    Transferred from Chapters 7.1 and 7.2, 1-1-07, Amended______.

     

    CONSERVATION REQUIREMENTS WITHIN THE SWUCA

    Exemptions from Water Conservation Requirements – Small General Water Use pPermittees within the SWUCA whose permitted annual average quantity is less than 100,000 gallons per day are exempted from the residential water use report, water conserving rate structure, customer billing and meter reading criteria, and water audit requirements.

    1-1-03, Amended______.

     

    3.7 RECREATION OR AESTHETIC

    CONSERVATION PLANS FOR RECREATION OR AESTHETIC USES WITHIN THE SWUCA

    All Individual and General Water Use Ppermit applicants for ground water withdrawals within the SWUCA for recreation or aesthetic uses are required to submit a water conservation plan to the District at the time of application describing where and when water savings can be reasonably achieved and specifically addressing all components of use and loss in the water balance, including but not limited to recycling, reuse, landscaping, and an implementation schedule to the District at time of application. Existing permittees with ground water withdrawals not previously within the Eastern Tampa Bay Water Use Caution Area or the Highlands Ridge Water Use Caution Area shall submit a conservation plan by January 1, 2003.

    1-1-03, Amended______.

     

    GOLF COURSE CONSERVATION WITHIN THE SWUCA

    Conservation Plans – All Individual and General Water Use Permit new and renewal permit applicants for new permits, renewal permits and modifications to increase quantities for ground water withdrawals within the SWUCA for golf course irrigation are required to submit a water conservation plan to the District at the time of application specifically addressing:

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

    2. through 6. No change.

    1-1-03, Amended 1-1-07,_______.

     

    Submittal of Plans – Applicants for new permits shall submit this plan to the District at the time of application. Existing permittees with ground water withdrawals not previously located within the Eastern Tampa Bay Water Use Caution Area or the Highlands Ridge Water Use Caution Area shall submit a conservation plan by January 1, 2003. The District publishes a document titled Golf Course Conservation Guidelines which may be consulted in order to prepare the conservation plan required by this provision. The Guidelines are available from the District upon request.

    1-1-03, Amended_______.

     

    REPORTING REQUIREMENTS FOR RECREATION OR AESTHETIC IRRIGATION WATER USE WITHIN THE SWUCA

    To ensure compliance with the total allocated acre-inches per acre per season per crop or plant and the assigned efficiency standards, the District requires the following data to be submitted by all Individual or General Water Use permittees.

    Irrigation Water Use Report – The following information shall be reported on the Irrigation Water Use Form – Annual Recreation/Aesthetic/ Golf, Form No. LEG-R.018.00 ( ) incorporated by reference in subsection 40D-1.659(27), F.A.C., GROUNDWATER for all recreational and aesthetic irrigation (examples: golf course turf, sports field turf, lawn and landscape in parks, playgrounds, theme parks, etc.):

    1. Irrigated plant type (golf course turf, lawn and landscape, sports field);

    2. Total acres per plant type;

    3. Acres shrubs and/or trees;

    4. Number of acres of tees and greens; and

    5. The dominant soil type or acres by dominant soil type.

    New_______.

     

    5.0 MONITORING REQUIREMENTS

    5.1 WITHDRAWAL QUANTITY

    Individual and General Water Use Generally, pPermittees will be required to monitor the quantity of water withdrawn from any source in accordance with the guidelines described in this section. Monitoring of actual pumpage provides a means to develop historical records in order to accurately project future reasonable demand, assess impacts to the resource and existing water and land uses, and ensure that quantities withdrawn do not exceed permitted pumpage. Monitoring methods must maintain plus or minus 5% accuracy, and must be approved by the District. Permittees shall use direct flow measuring devices unless the District determines direct methods are inappropriate for the particular water use system.

    Permittees shall monitor withdrawal quantities from each withdrawal point when:

    1. Issued an Individual Water Use Permit The annual average withdrawal is greater than or equal to 500,000 gpd;

    2. Issued a General Water Use Permit The annual average withdrawal is greater than or equal to 100,000 gpd for public supply use;

    3. Issued a General Water Use Permit The annual average withdrawal is greater than or equal to 100,000 gpd and one or more of the withdrawal points is located within the SWUCA or NTBWUCA; or.

    4. No change.

     

    7.0 WATER USE CAUTION AREAS

    7.3 NORTHERN TAMPA BAY WATER USE CAUTION AREA

    2. Agriculture

    2.2 Monitoring Requirements for Agricultural Water Use

    To ensure compliance with the total allocated inches per acre per season per crop, the District requires the following data to be submitted. Although the permittee is not required to be in compliance with allocation requirements until January 1, 1993, the permittee is required to submit these data beginning with the first appropriate date in 1991, as specified in the permit conditions below.

    1. All Individual and General Water Use pPermittees whose average daily permitted use is equal to or exceeds 100,000 gpd shall record the following information for all seasonal crops irrigated (examples: vegetables or other row crops) and nurseries.; Permittees that irrigate aAnnual crops (examples: citrus, blueberries, commercial hay, sod, nurseries, pasture) may omit items e. and f.: Requested information is to be reported on the Agricultural Water Use Form – Seasonal Report, Form WUP-14.1 (1/93) and Agricultural Water Use Form – Annual Report, Form WUP-15 (1/93), appropriate Irrigation Water Use Form incorporated by reference in subsections 40D-1.659(17) and (18), F.A.C., GROUNDWATER.

    a. through d. No change.

    e. Planting dates; and,

    f. No change.

    2. and 3. No change.

    Amended_______.

     

    3. Recreational, Industrial, and Mining

    3.1 Conservation Plan

    All Individual and General Water Use Ppermit applicants for recreational/aesthetic, industrial/commercial, and mining/dewatering uses, are required to submit a water conservation plan to the District at time of application specifically addressing recycling, reuse and landscaping to the District at time of application. Existing permittees shall submit a conservation plan by July 31, 1992. The following condition shall be placed on all appropriate permits, and the elements listed in the condition below shall be addressed in all new applications:

    The permittee shall submit to the District a conservation plan by July 31, 1992. This plan shall include documentation and assessment of current and potential internal reuse, as well as external reuse sources. This plan shall also address reducing irrigation withdrawals through evaluation of the use of drought tolerant landscaping for landscaped areas, where present.

    3.2 Golf Courses Conservation Plan

    All Individual and General Water Use Ppermit applicants for golf course irrigation are required to submit a water conservation plan to the District at time of application specifically addressing conversion to low volume irrigation methods, increased system management, limiting frequent irrigation to water-critical areas, and limiting irrigation of other areas, to the District at time of application. Existing permittees shall submit a conservation plan by July 31, 1992. In addition to the conservation plan requirements permit condition listed in 3.1, above, the following permit condition shall be applied to all existing golf course permits, and the elements listed in the condition below shall be addressed in all new golf course permit applications:

    The permittee shall submit a report to the District by July 31, 1992, detailing how and when the following items shall be implemented, and the expected reduction in withdrawals to be achieved through implementation:

    1. through 5. No change.

    Amended_______.

     

    6. Alternative Sources

    6.2 Reuse

    Investigation of the feasibility of reuse may be required for all appropriate uses, and reuse shall be required where feasible. Reuse of treated wastewater as an alternate, replacement, or supplemental water source for irrigation, industrial process, cleaning, or other non-potable use shall be investigated by all Individual and General Water Use Permit appropriate applicants or permittees. This item shall be implemented through inclusion of the following condition on all applicable permits with agricultural irrigation, recreational or aesthetic irrigation, industrial or commercial, or mining or dewatering uses:

    No change.

    All Individual and General Water Use Permit applicants for water uses where reclaimed water is appropriate shall provide documentation from the local wastewater entity indicating whether reclaimed water is available or is planned to be available within the next six years. Permittees generating reclaimed water shall respond to such requests by permit applicants in a timely manner. If reclaimed water is available, or is planned to be available within the next 6 years, the local wastewater entity shall provide a cost estimate for connection to the permit applicant. If reclaimed water is planned to be available within the next 6 years, the local wastewater entity shall provide an estimate of when the reclaimed water will become available. If the wastewater generator does not hold a valid water use permit and does not supply the requested information, the applicant shall be required to prepare a cost-estimate for connection.

    No change.

    Amended_______.

     

    6.3 Reporting Reuse Quantities.

    2. Reclaimed Water Receivers.

    All Individual and General Water Use permittees that permitted uses which receive reclaimed water (e.g., golf courses, industrial/commercial uses, etc.) shall be required to record and report reuse quantities and sources on a monthly basis. This requirement shall be implemented by applying the Alternative Water Supplies metering condition cited in Chapter 6 of this Basis of Review the following permit condition to all applicable permits.:

    The Permittee shall report to the District existing connections to reclaimed water by July 1, 1991. New connections to reclaimed water shall be reported to the District within 30 days of connection to the reuse source. The Permittee shall list the reuse supplier's name, location, and quantities obtained in gallons per day, annual average, for each source, and submit this information to the District by the 10th day of each month for the preceding month, in conjunction with the monthly pumpage report.

    The following condition shall be applied to Individual and General Water Use Permits that currently do not receive reclaimed water applicable permits for new use:

    Amended________.

     

    The Permittee shall report any connection(s) to reclaimed water to the District within 30 days of connection to the reclaimed water reuse source. The Permittee shall list the reclaimed water reuse supplier’s name, location, and reclaimed quantities obtained in gallons per day, annual average, for each source, and submit this information to the District by the 10th day of each month for the preceding month, in conjunction with the monthly pumpage report.

    6.4 Investigate Desalination

    All Individual and General Water Use Permit applicants for new industrial and public supply applicants for new quantities shall be required to investigate the feasibility of desalination to provide all or a portion of requested quantities. This requirement shall be implemented by applying the following permit condition to all applicable permits:

    No change.

    Amended________.

Document Information

Subject:
Water Use Permitting.
Purpose:
The Southwest Florida Water Management District’s Water Use Permit (WUP) Rules are being revised in association with the District’s ongoing development, implementation and refinement of its comprehensive electronic permitting and information system know as the Water Management Information Systems or WMIS. As part of this overall effort, the District is seeking to streamline WUP application processes where appropriate. Amendments are being proposed to several rules in Chapter 40D-2, F.A.C., and ...
Rulemaking Authority:
373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.216, 373.249 FS.
Law:
373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.103, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.236, 373.239, 373.243, 373.246 FS.
Contact:
Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
Related Rules: (6)
40D-2.021. Definitions
40D-2.041. Permits Required
40D-2.091. Publications Incorporated by Reference
40D-2.321. Duration of Permits
40D-2.501. Permit Use Types
More ...