To identify the authorities and regulatory tools to be used to protect water from the natural system from consumptive uses and specifically define the volume and timing of water to be reserved from allocation for the Picayune Strand Restoration ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-2.011: Policy and Purpose
40E-2.091: Publications Incorporated by Reference
40E-2.301: Conditions for Issuance of Permits
40E-2.331: Modification of Permits
PURPOSE AND EFFECT: To identify the authorities and regulatory tools to be used to protect water from the natural system from consumptive uses and specifically define the volume and timing of water to be reserved from allocation for the Picayune Strand Restoration Project.
SUBJECT AREA TO BE ADDRESSED: The rule is to be applied to protect waters for the natural systems that occur within the boundaries of the South Florida Water Management District.
SPECIFIC AUTHORITY: 373.016, 373.044, 373.103(1), 373.113, 373.171, 373.216, 373.219, 373.223, 373.229, 373.233 FS.
LAW IMPLEMENTED: 373.103(1), 373.103(4), 373.118, 373.203, 373.216, 373.219, 373.223, 373.229, 373.233, 373.239, 373.249 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 24, 2008, 1:00 p.m.
PLACE: Rookery Bay National Estuarine Research Reserve, 300 Tower Road, Naples, FL 34113
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: South Florida Water Management District Clerk, 1(800)432-2045, ext. 2087 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Scott Burns, Director, Everglades Water Supply Policy, South Florida Water Management District, P.O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045 ext. 6817 or [phone], email: [e-mail]; Brenda Mills, Lead Planner, South Florida Water Management District, P.O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045 ext. 4208 or [phone], email: [e-mail]; Beth Lewis, Senior Supervising Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045, ext. 6343 or [phone], email:[e-mail]. For procedural questions: Jan Sluth, Paralegal, South Florida Water Management District, P.O. Box 24680, West Palm Beach, FL 33416-4680, 1(800)432-2045 ext. 6299 or [phone], email: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-2.011 Policy and Purpose.

(1) through (2) No change.

(3) Additional rules relating to water use are found in Chapter 40E-5, F.A.C., (Artificial Recharge), Chapter 40E-8, F.A.C., (Minimum Flows and Levels), Chapter 40E-10, F.A.C., (Protection of Waters for the Natural System from Consumptive Uses), Chapters 40E-20, F.A.C., (General Water Use Permits), 40E-21, F.A.C., (The Water Shortage Plan), 40E-22, F.A.C., (Regional Water Shortage Plans) and 40E-23, F.A.C., (Water Resource Caution Areas).

(4) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.203, 373.216, 373.249 FS. History–New 9-3-81, Formerly 16K-2.01, Amended 7-4-82, 2-24-85, 11-18-91, 8-1-02, 8-31-03, ________.

 

40E-2.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – ________ February 13, 2008”, is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, ________.

 

(The following represents changes to the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District – February 13, 2008)

1.8 Definitions

Reservation water body – Areas within the District as identified in Rules 40E-10.021 and 40E-10.421, F.A.C., for which a water reservation has been established.

3.11 Water Reservations

The following criteria shall apply to projects proposing to withdraw water directly or indirectly from a water body with an established water reservation (reservation water body) as specified in Rule 40E-10.421, F.A.C.. For this section, the following definitions apply:

Direct Withdrawals from a Groundwater Reservation Water Body: Water pumped from a well constructed into the aquifer for which the reservation has been established and which is located within the boundaries of the reservation water body as defined in Rule 40E-10.021, F.A.C.

Indirect Withdrawals from a Groundwater Reservation Water Body: a) water pumped from a well constructed into the aquifer for which the reservation has been established and which is located outside the boundaries of the reservation water body as defined in Rule 40E-10.021, F.A.C., and imposes greater than a 0.1 foot drawdown at any location within the reservation water body boundaries, or b) water pumped from a well constructed into an adjacent aquifer that is hydraulically connected to the reservation water body and imposes greater than a 0.1 foot of drawdown at any location within the reservation water body boundaries

Direct Withdrawals from a Surface Water Reservation Water Body: a) surface water withdrawal from facilities physically located within the boundaries of a reservation water body.

Indirect Withdrawal from a Surface Water Reservation Water Body: a) the withdrawal of surface water from a conveyance that is tributary to or distributary from a reservation water body or b) a ground water withdrawal that causes a water table drawdown greater than 0.1 feet beneath a surface water conveyance that is tributary to or distributary from a reservation water body.

A.              Permit Renewals – A request for renewal of an existing permit, which directly or indirectly withdraws from a reservation water body, shall meet the requirements of this section if: 1) the levels of impacts from the water withdrawn under the expiring permit during a 1 in 10 drought year level of certainty are no greater than those associated with the requested renewal and 2) the use is not contrary to the public interest. If the level of certainty under the expiring permit is changed to a 1 in 10 year level of certainty by rule (e.g. a golf course irrigation level of certainty changed from a 1 in 5 to a 1 in 10 year level of drought) the levels of impacts from the withdrawal of water under the expiring permit shall be normalized to a 1 in 10 drought level of certainty in order to evaluate the impact of the withdrawal of water.

B.              New or Modified Permits – A request for a new or a modification of an existing permit that would increase the direct or indirect withdraws of water from a reservation water body, shall meet the requirements of this section if the applicant demonstrates that the proposed withdrawal does not use water that has been reserved per Rule 40E-10.421, F.A.C., as follows:

1.              Applications which propose to withdraw water from a reservation water body for which all the waters contained within and flowing into have been reserved: the following criteria shall apply:

(a)              Direct Withdrawals: No direct withdrawals are authorized.

(b)              Indirect Withdrawals: Indirect withdrawals that are determined to reduce waters reserved from allocation are not authorized. Should a proposed use be identified as a potential indirect withdrawal from a reservation water body, the applicant shall demonstrate that the proposed use does not reduce waters reserved from allocation through an analysis conducted consistent with section 1.7.5.2, by establishing the proposed use is not an indirect withdrawal from a reservation water body or that the proposed indirect withdrawals are not sufficient to reduce the water reserved under Rule 40E-10.421, F.A.C. In the event these criteria cannot be met, the applicant shall modify the application to meet the reservation criteria.

2.              Applications which propose a withdrawal of water from a water body for which only a portion of the waters have been reserved: a permit may be granted from a project that includes a reservation water body and have waters available for allocation that have not been reserved and for which the proposed use otherwise meet criteria contained in district rules. Consistency with the following criteria shall demonstrate that the proposed use does not utilize waters otherwise reserved from allocation:

(a)              The proposed withdrawal is for water that has been certified as available for consumptive use by the governing board as defined in Section 1.8. The applicant must demonstrate that the proposed use of water is consistent with the governing board issued project water certification and the remaining criteria in the section.

(b)              For proposed uses from a reservation water body for which a certification described in 2.(a) does not exist, the applicant shall demonstrate through the use of an approved model consistent with the criteria contained in section 1.7.5.2 that the proposed use will not use waters reserved under Rule 40E-10.421 F.A.C.

40E-2.301 Conditions for Issuance of Permits.

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

(j) Is consistent with Sections 373.016, 373.1501, 373.1502 and 373.036, F.S., and otherwise is consistent with the public interest as prescribed by Chapter 373, F.S., and this chapter.

(k) Is consistent with waters reserved for the protection of fish and wildlife or the public health and safety pursuant to the provisions in Chapter 373.223, F.S., this chapter and Chapter 40E-10, F.A.C.

(2) No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.036, 373.042, 373.103(4), 373.2295, 373.118, 373.223, 373.229, 373.470, 373.1501, 373.1502 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, ________.

 

40E-2.331 Modification of Permits.

(1) through (3) No change.

(4)(a) Modification of an existing water use permit shall be approved by letter, provided the permit is in compliance with all applicable limiting conditions and the modification request:

1. Does not result in an increase in the amount of the permit allocation;

2. Does not modify the existing permit expiration date, except that when the permit duration is based upon the current lease expiration date, the permit duration shall be extended by letter modification to the new lease date, but shall not exceed the applicable permit duration pursuant to Rule 40E-2.321, F.A.C.;

3. Does not potentially interfere with any presently existing legal use of water, cause environmental harm, saltwater intrusion, pollution of the water resources, harm to offsite land uses, does not result in the use of water reserved from allocation, or does not otherwise raise issues requiring a Staff determination of whether such impacts would occur pursuant to the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District”, incorporated by reference in Rule 40E-2.091, F.A.C.; and

4. Does not change the permitted withdrawal source(s) or use classification.

5. Does not result in a modification of the permit which must be approved by the Governing Board pursuant to Section 373.239(2), F.S.

(b) The timeframes set forth in Rule 40E-1.603, F.A.C., shall apply to the processing of letter modifications.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 9-3-81, Formerly 16K-2.09(1), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 8-1-02, 4-23-07, 2-13-08,________.