WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management DistrictRULE NO.: RULE TITLE:
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of ApplicationNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 22, June 1, 2012 issue of the Florida Administrative Weekly.
Reason for Change:
A change is required to the proposed rules to ensure that those forms that contain maps and/or language being revised as a part of this rulemaking are properly incorporated by reference. Additionally, Form No. LEG-R.010.01 is being amended to reflect that the form is incorporated in paragraph 40D-2.101(6)(a), F.A.C.
40D-2.091 Publications and Forms Incorporated by Reference.
(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District’s website at www.WaterMatters.org or from the District upon request:
(a) Water Use Permit Information Manual Part B, Basis of Review for Water Use Permit Applications (also referred to as the WUP Basis of Review) ( )(12-12-11).
(b) No change.
(2) The following forms for reporting information to the District are hereby incorporated by reference, and are available from the District upon request:
(a) No change.
(b) Irrigation Water Use Form – Annual Crops, Southern Water Use Caution Area, Form No. LEG-R.017.01 ( )(4/09).
(c) Irrigation Water Use Form – Annual Recreation/Aesthetic/Golf, Southern Water Use Caution Area, Form No. LEG-R.018.01 ( )(4/09).
(d) Irrigation Water Use Form – Summer/Fall Seasonal, Southern Water Use Caution Area, Form No. LEG-R.019.01( ) (4/09).
(e) Irrigation Water Use Form – Winter/Spring Seasonal, Southern Water Use Caution Area, Form No. LEG-R.020.01( ) (4/09).
(f) through (m) No change.
Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.0363, 373.042, 373.0421, 373.079(4)(a), 373.083(5), 373.116, 373.117, 373.1175, 373.118, 373.149, 373.171, 373.185, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.250, 373.705, 373.709, 373.715 FS. History–New 10-1-89, Amended 11-15-90, 2-10-93, 3-30-93, 7-29-93, 4-11-94, 7-15-98, 7-28-98, 7-22-99, 12-2-99, 8-3-00, 9-3-00, 4-18-01, 4-14-02, 9-26-02, 1-1-03, 2-1-05, 10-19-05, 1-1-07, 8-23-07, 10-1-07, 10-22-07, 11-25-07, 12-24-07, 2-13-08, 2-18-08, 4-7-08, 5-12-08, 7-20-08, 9-10-08, 12-30-08, 1-20-09, 3-26-09, 7-1-09, 8-30-09, 10-26-09, 11-2-09, 1-27-10, 4-27-10, 5-26-10, 6-10-10, 6-30-10, 6-16-11,________.
40D-2.101 Content of Application.
(1) No change.
(2) The following District application forms shall be used to obtain a new WUP or to renew an existing WUP. All permit application forms described herein have been approved by the District Governing Board and are incorporated by reference into this chapter. Forms are available upon request from the District’s website at www.WaterMatters.org or from District offices.
(a) Individual Water Use Permit.
Application for a new or renewal of an existing Individual Water Use Permit shall be made using the Individual Water Use Permit Application, Form No. LEG-R.029.01 (__) (12/10). Applicants shall also submit one or more of the following Supplemental Forms as appropriate for each type of water use proposed in the permit application:
1. through 5. No change.
(b) General Water Use Permit.
Application for a new or renewal of an existing general WUP shall be made using the General Water Use Permit Application Form, No. LEG-R.028.01 ( ) (12/10). Applicants shall also submit one or more supplemental forms listed in paragraph (2)(a) above as appropriate for each type of water use proposed in the permit application. Applicants seeking an initial, renewal, or modification of a general WUP for a combined annual average daily water demand of less than 100,000 gallons per day for public supply use may submit the Small General Water Use Permit Application – Public Supply Attachment, Form No. LEG-R.045.00 (12/09), in lieu of the Water Use Permit Application Supplemental Form – Public Supply, Form LEG-R.033.01 (09/09).
(c) Small General Water Use Permit.
Application for a new small general WUP shall be made using the Small General Water Use Permit Application Form, No. LEG-R.027.01( ) (12/10). To renew a small general WUP issued solely for agricultural use, application shall be made using the Application to Renew a Small General Water Use Permit for Agricultural Use Form, No. LEG-R.036.01( ) (12/10). Application to renew all other small general WUPs shall be made using the Small General Water Use Permit Application Form, No. LEG-R.027.01 ( )(12/10). One or more of the following Attachment Forms for a specific water use shall be submitted with the application form if the application proposes one of the specified water uses:
1. through 4. No change.
(d) Mining and Dewatering WUP.
Application for a new or renewal of an existing WUP for mining and dewatering uses other than phosphate mining shall be made using the Water Use Permit Application – Mining and Dewatering Materials Other Than Phosphate, Form No. LEG-R.048.01 ( )(08/11), incoporated herein by reference. The application shall be categorized as an application for an individual or general WUP based upon the combined annual average daily water demand as provided in subsection 40D-2.041(2), F.A.C. Application for a new or renewal of a WUP for phosphate mining shall be made using the individual or general WUP application form and the Water Use Permit Application Supplemental Form – Mining or Dewatering, Form No. LEG-R.032.00 (3/09) incorporated herein by reference.
(3) through (4) No change.
(5) Optional Application Forms.
The following forms may be used by applicants in support of permit applications, are hereby incorporated by reference and are available from the District’s website at www.WaterMatters.org or from the District offices:
(a) through (b) No change.
(6) Southern Water Use Caution Area Application Forms.
In addition to the permit application and information forms identified in subsections (1)-(5) above, all applicants for permits in the Southern Water Use Caution Area (SWUCA) shall submit the “Supplemental Form – Southern Water Use Caution Area,” Form No. LEG-R.007.02 ( ) (4/09) incorporated herein by reference. Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for the intended water use type as described in Chapters 3 and 4 of the Water Use Permit Information Manual, Part B “Basis of Review.” All SWUCA application and supplemental information forms may be obtained from the District’s website at www.WaterMatters.org or from District offices:
(a) Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.010.01 ()(4/09), incorporated herein by reference; and
(b) Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R.011.02 (___)(8/11), incorporated herein by reference.
(7) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0363, 373.116, 373.117, 373.1175, 373.216, 373.229, 373.236, 403.0877 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, Formerly 16J-2.06, Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, 11-25-07, 9-10-08, 7-1-09, 8-30-09, 10-26-09, 1-27-10, 4-27-10, 6-16-11, 12-12-11,________.
