Publications Incorporated by Reference

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO.: RULE TITLE:
40E-2.091: Publications Incorporated by Reference

NOTICE 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., FS., published in Vol. 38, No. 27, July 6, 2012 issue of the Florida Administrative Weekly.

40E-2.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – (date),(hyperlink), is incorporated by reference herein, and requires the use of the following forms, which are also incorporated by reference herein incorporates the following forms:

(1) through (6) No change.

(7) Form 0188-QMMQF, Quarterly Report of Withdrawals from Wells and Surface Water Pumps, (date),(hyperlink), (referenced in Section 5.2.3.).

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.109, 373.117, 373.1175, 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, 10-14-08, 7-2-09, 3-15-10, 3-18-10,_________.

The following is an excerpt of the changes in the Basis of Review:

1.3.2.1 Competition within the Central Florida Coordination Area (CFCA)

In adopting the interim CFCA rules, the District acknowledges the increasing stress on the water resources in the CFCA and the mandate of the Legislature to foster the development of additional water supplies and avoid the adverse effects of competition. However, the interim CFCA rules do not abrogate the rights of the District or of any other person or entity under Section 373.233, FS., Competing Applications. The CFCA regulatory framework provides a comprehensive strategy for interim allocations of available groundwater and expeditious development of supplemental water supply projects, as defined in Section 1.8, to minimize competition and thereby provide greater certainty of outcome than competition.

1.6 Professional Certification of Supporting Documents

All final plans, calculations, analyses, or other geologic/engineering documents, submitted as part of a permit application are required to be certified by signing signed and sealing sealed by an appropriate registered professional pursuant to Section 373.117, 373.1175, or Chapter 492, FS., as appropriate.

1.7.2.3 Compliance Reports

A. Where necessary to maintain reasonable assurance that the conditions for issuance of a permit can continue to be met over the duration of a 20 year permit, the District shall require the permittee to submit a compliance report pursuant to subsection 373.236(4)(3), FS., no more than once every ten years. The permit shall be conditioned to assure compliance with the initial conditions for issuance, including implementation of schedules for Water Need and Demand Methodologies under Section 2.9, maintaining updated water conservation and efficiency requirements, and updated allocation methodologies, pursuant to District rules.

(rest of section remains unchanged)

4.1 Withdrawal Quantity

Proper accounting for water use is essential to establish that the use is a reasonable-beneficial use of the resource and in the public interest. In addition, proper accounting of the various water uses enables the District to better estimate water use and to implement water shortage plans.

All Permittees with a maximum monthly allocation of greater than 3.0 million gallons, or irrigation water users located within the South Dade County Water Use Basin (as designated in Figure 21-11, Chapter 40E-21, F.A.C.), with a maximum monthly allocation of greater than 15.0 million gallons, are required to monitor and report withdrawal quantities from each withdrawal facility or point of diversion. Permittees shall submit the following forms, if applicable:

0188-QMQ, Quarterly Report of Withdrawals, incorporated by reference in subsection 40E-2.091(1), F.A.C. (date),(hyperlink);

0188-QASR, Quarterly Report of Injections and Withdrawals for Aquifer, incorporated by reference in subsection 40E-2.091(2), F.A.C. (date),(hyperlink);

0188-QMQF, Quarterly Report of Withdrawals from Wells and Surface Water Pumps, incorporated by reference in subsection 40E-2.091(3), F.A.C. (date),(hyperlink);

0188-QBWDR, Quarterly Report of Bulk Water Delivered and Received, incorporated by reference in subsection 40E-2.091(4), F.A.C. (date),(hyperlink).

These forms are incorporated by reference herein and are available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436 or [phone].

(No change to remainder of section)

4.2 Saline Water Monitoring

The purpose of saline water monitoring is to ensure that harmful saline water intrusion, whether lateral from a surface or groundwater saline source, vertical from an aquifer containing lower quality water, or a combination of both, does not occur. Saline water monitoring is accomplished by routine sampling of the discharge water from production wells or from separate monitor wells. However, in areas of known saline water movement, separate monitor wells are required to be designed and constructed expressly for the purpose of saline water intrusion monitoring. The dissolved chloride concentration and the water level elevation, referenced to National Geodetic Vertical Datum, shall be measured. Frequency of measurements may be weekly, monthly, or quarterly, and will be identified in the permit limiting conditions. The data shall be reported using Form No. 0188-QMON, Quarterly Report of Monitoring Requirements, (date),(hyperlink), incorporated by reference in subsection 40E-2.091(5)(1)(a), F.A.C.

(No change to remainder of section)

5.2.3 Irrigation

A through C No change.

D. The permittee shall complete Form No. 0188-QCROP, a “Report of Planting and Harvest of Seasonal Crops”, (date),(hyperlink, incorporated by reference in subsection paragraph 40E-2.091(6)(1)(a), F.A.C., form and submit it with the appropriate “Quarterly Report of Withdrawals From Wells and Surface Water Pumps” (Form No. 0188-QMQF), incorporated by reference in subsection paragraph 40E-2.091(3)(1)(a).

(No change to remainder of section)