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-20.091: Publications Incorporated by Reference
40E-20.301: Conditions for Issuance of General Water Use Permits
40E-20.302: Types of General Water Use Permits
40E-20.331: Modification of General Water Use 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: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.036, 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223, 373.229, 373.2295, 373.239, 373.470, 373.1501, 373.1502 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-20.091 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 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 9-13-07, 2-13-08, ________.

 

(See the notice herein for Rule 40E-2.091, F.A.C., for proposed changes to the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – February 13, 2008”)

40E-20.301 Conditions for Issuance of General Water Use Permits.

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

(k) Is consistent with waters reserved for the protection of fish and wildlife or the public health and safety pursuant to the provisions in Section 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-20.302 Types of General Water Use Permits.

(1) through (3) No change.

(4) Dewatering conducted under subsections (2) and (3) which involve waters that are reserved from allocation pursuant to Rule 40E-10.431 F.A.C. are consistent with paragraph 40E-20.301(1)(k), F.A.C. so long as all dewatering water is kept on site.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-2.031(1), 16K-2.032(1)(b), Amended 2-24-85, 3-29-87, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07, 2-13-08,________.

 

40E-20.331 Modification of General Water Use Permits.

(1) through (2) No change.

(3)(a) Modification of an existing general 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 exceed the applicable general permit allocation limitations in Rule 40E-20.302, F.A.C.;

2. Does not result in a requested permit duration which exceeds the expiration date of the existing permit, except that when the permit duration is based upon the current lease expiration date, the permit duration may be extended by letter modification to the new lease date, but shall not exceed the applicable permit duration pursuant to subsection 40E-20.321(2), F.A.C.;

3. Does not potentially interfere with any presently existing legal use of water, cause harm to wetlands or other surface waters, harmful saltwater intrusion or 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 harm to the water resources 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-20.091, F.A.C.;

4. Does not change the permitted withdrawal source; and

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) No change.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97, 8-14-02, 8-31-03, 4-23-07, 2-13-08,________.