The amendments delete a form no longer needed and change the name of the form used to request a transfer of a water use permit. The amendments also add a reference to the District rule where water use permit application forms can be found and ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-2.091: Publications Incorporated by Reference
40D-2.101: Content of Application
40D-2.351: Transfer of Permits
PURPOSE AND EFFECT: he amendments delete a form no longer needed and change the name of the form used to request a transfer of a water use permit. The amendments also add a reference to the District rule where water use permit application forms can be found and explain which application and supplemental form to use when applying for a water use permit for water withdrawals within the Southern Water Use Caution Area ("SWUCA").
SUBJECT AREA TO BE ADDRESSED: The proposed rules explain which water use permit application forms applicants in the Southern Water Use Caution Area should use, delete one form and change the name of another form.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, 373.171, F.S.
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, F.S.
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: Karen A. Lloyd, Assistant Deputy Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

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) Part B, “Basis of Review for Water Use Permit Applications” (____ 8/07) and Part D, “Requirements for the Estimation of Permanent and Temporal Service Area populations in the Southern Water Use Caution Area (1/07), of the Water Use Permitting Manual;

(2) "Standby Alternative Source" Form 48.10.009 (10/01) WUP 9;

(3) - (6) are renumbered (2) - (5)

 

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, _____.

 

40D-2.101 Content of Application.

In order to obtain a Water Use Permit, an applicant shall file with the District the appropriate form entitled “Water Use Permit Application” including the appropriate supplemental forms.  The Application shall include the following information:

(1) No change

(2) Information required on the appropriate Water Use Permit Application and supplemental forms numbered WUP-1 through WUP-16 listed in Rule 40D-1.659, F.A.C., GROUND WATER  (8)-(15), (21)-(25).

(3) through (7) No change.

Specific Authority 373.044, 373.113, 373.171, F.S. Law Implemented 373.216, 373.229, F.S. History - Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, 10-1-89, 10-23-89, 2-10-93, and 1-1-03. Formerly 16J-2.06. Amended 10-1-89, 10-23-89, 2-10-93, 7-15-99, 1-1-03, 1-1-07, _____.

 

40D-2.351 Transfer of Permits.

(1) Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue an existing, permitted water use and who have acquired ownership or legal control of permitted water withdrawal facilities or the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring ownership or legal control of such water withdrawal facilities or such land. The applicant shall request such transfer using the “Application to a "Notification and Request for Transfer of a Water Use Permit”, Form No. LEG-R002.032 (09/0710/05). The District will transfer the permit provided all aspects of the permit except for ownership remain the same. All terms and conditions of the permit shall become binding on the transferee.

(2) through (4) No change.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.219, F.S. History – New 10-1-89, Amended 2-10-93, 3-30-93, 2-1-05, 10-19-05, _____.

 

 

The following provisions are incorporated into District rules by reference in 40D-2.091, F.A.C.:

 

BASIS OF REVIEW FOR WATER USE PERMIT APPLICATIONS

CHAPTER 1

 

 

1.4APPLICATION FORMS

Permit Applicants shall should submit the Water Use Individual Permit Application Form appropriate to the annual average quantities requested, as provided in Rule 40D-1.659 (8), (9), and (10), F.A.C.  Applicants for 100,000 gpd or more annual average quantities shall also submit and the Water Use Permit Application Information Supplemental Form applicable to their water use type, as provided in Rule 40D-1.659 (11) through (15), F.A.C. ., or the General Permit Application Applicants for a Letter Modification to their water use permit shall submit or the Mmodification Sshort Fform, referenced in Rule 40D-1.659 (16), F.A.C., as appropriate.  Information supplements include the following:

1.Agriculture, Form WUP-4

2.Industrial or Commercial, Form WUP-5

3.Mining or Dewatering, Form WUP-6

4.Public Supply, Form WUP-7

5.Recreation or Aesthetic, Form WUP-8

6.Standby Alternative Source, Form 48.10-009 Form WUP-9, (10/01)

7.Irrigation Water Use Form - Annual Crops Form 46.20-010 WUP-10 (10/01),

8.Irrigation Water Use - Annual Recreational/Aesthetic/Golf Form 46.20-009 WUP-11 (10/01),

9.Irrigation Water Use - Summer & Fall Seasonal, 46.20-011 WUP-13 (10/01), and

10.Irrigation Water Use - Winter & Spring Seasonal, 46.20-012 Form WUP-12 (10/01)

These forms may be obtained from any District Service Office, or from the District website.

No.’s 6.-10. New 1-1-03, Amended _____.

 

1.4.1 SWUCA APPLICATION FORMS

All Permit Applicants in the SWUCA shall submit the “Supplemental Form – Southern Water Use Caution Area”, Form No. LEG-R.007.00 (09/07), in addition to the appropriate application and supplemental form(s) described in section 1.4, above.  Applicants for public supply quantities of 100,000 gallons per day or more, including water imported wholesale, shall submit the “Public Supply Supplemental Form - Southern Water Use Caution Area”, Form No. LEG-R.012.00 (09/07).  Permit Applicants in the SWUCA shall also submit the following application and supplemental forms as appropriate for their situation and intended water use type as described in Chapters 3 and 4 of Part B of this Basis of Review for Water Use Permit Applications” (____), of the Water Use Permitting Manual:

1.  “Alternative Water Supply Supplemental Form – Southern Water Use Caution Area”, Form No. LEG-R.009.00 (09/07);

2.   “Net Benefit Supplemental Form - Southern Water Use Caution Area”, Form No. LEG-R.010.00 (09/07); and

3.  “Southern Water Use Caution Area Ground Water Replacement Credit Application”, Form No. LEG-R.011.00 (09/07).

New _____.