The amendments incorporate application forms to be used in applying for a water use permit for water withdrawals within the Southern Water Use Caution Area (“SWUCA”). Permitting requirements within the Southern Water Use Caution Area are ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-1.6105: Limiting Conditions
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: The amendments incorporate application forms to be used in applying for a water use permit for water withdrawals within the Southern Water Use Caution Area (“SWUCA”). Permitting requirements within the Southern Water Use Caution Area are supplemental to the District-wide water use permitting requirements and require different information at the application stage. The proposed forms facilitate applicants in providing the information required by the SWUCA rules. The amendments also correct form names and punctuation and changes the name of the form used to transfer water use permits.
SUMMARY: The proposed amendments incorporate into the District's rules new forms to be used by applicants for water use permits in the Southern Water Use Caution Area. These forms are the Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.007.00 (09/07), the Alternative Water Supply Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.009.00 (09/07), the Net Benefit Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.010.00 (09/07), the Southern Water Use Caution Area Ground Water Replacement Credit Application, Form No. LEG-R.011.00 (09/07) and the Public Supply Supplemental Form – Southern Water Use Caution Area, Form No. LEG-R.012.00 (09/07). The proposed amendments also incorporate revisions to the form used to transfer water use permits and correct typographical errors in the titles of previously adopted forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.219, 373.413, 373.416 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A. Lloyd, Assistant Deputy Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.6105 Limiting Conditions.

(1) No change.

(2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in such permit upon notification in writing to the Board of such assignment, provided ownership, lease, or other control of all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does assume responsibility for complying with all such terms and conditions. To assign a permit, a subsequent owner must submit a Notification and Request for Transfer of Environmental Resource Permit, Form No. 04-10R-022 (7/01) or an Application to a Notification and Request for Transfer of a Water Use Permit, Form No. LEG-R002.032 (_____10/05), as appropriate, that includes the signature of the permittee(s) or a copy of the legally recorded deed(s) to all of the land covered by the permit. Copies of these forms may be obtained from the District.

(3) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.219, 373.413, 373.416 FS. History–Readopted 10-5-74, Formerly I6J-0.12, Amended 2-10-03, Formerly 40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05,_________.

 

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter. Copies of these forms may be obtained from the District.

 

GROUND WATER

(1) APPLICATION FOR WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R003.00 (10/05).

(2) APPLICATION FOR RENEWAL OF A WATER WELL CONTRACTOR’S LICENSE, FORM NO. LEG-R004.01 (___).

(3) PROPOSED WELL CONSTRUCTION LOCATION AND DESIGN FORM, FORM NO. LEG-R.006.00 (2/07).

(4) STATE OF FLORIDA PERMIT APPLICATION TO CONSTRUCT, REPAIR, MODIFY OR ABANDON A WELL, FORM NO. 41.10-410(1) REV. 9/04.

(5) WELL COMPLETION REPORT, FORM NO. LEG-R005.00 (10/05).

(6) WELL GROUTING/ABANDONMENT FORM, FORM NO. 41.10-410 (6/01).

(7) WELL VERIFICATION FOR ALL NON-DOMESTIC WELLS LOCATED IN THE MOST IMPACTED AREA OFR THE EASTERN TAMPA BAY WATER USE CAUTION AREA, FORM NO. 42.10-005 (10/95).

(8) GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES LESS THAN 100,000 GALLONS PER DAY, FORM NO. WUP-1 FORM 46.20-001 (12/98).

(9) GENERAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 100,000 TO 499,999 GALLONS PER DAY, FORM NO. WUP-2 FORM 46.20-002 (12/98).

(10) INDIVIDUAL WATER USE PERMIT APPLICATION USE FOR QUANTITIES OF 500,000 GALLONS PER DAY OR GREATER, FORM NO. WUP-3 FORM 46.20-003 (12/98).

(11) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – AGRICULTURE, FORM NO. WUP-4 FORM 46.20-004 (09/0712/98).

(12) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – INDUSTRIAL OR COMMERCIAL, FORM NO. WUP-5 FORM 46.20-005 (12/98).

(13) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – MINING AND DEWATERING, FORM NO. WUP-6 FORM 46.20-006 (12/98).

(14) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – PUBLIC SUPPLY, FORM NO. WUP-7 FORM 46.20-007 (12/98)  

(15) WATER USE PERMIT APPLICATION SUPPLEMENTAL FORM – RECREATION OR AESTHETIC, FORM NO. WUP-8 FORM 46.20-008 (12/98).

(16) MODIFICATION SHORT FORM, FORM NO. 42.00-034 (3/00).

(17) AGRICULTURAL WATER USE FORM – SEASONAL REPORT, FORM NO. WUP-14.1 (1/93).

(18) AGRICULTURAL WATER USE FORM – ANNUAL REPORT, FORM NO. WUP-15 (1/93).

(19) AGRICULTURAL WATER ALLOTMENT FORM, FORM NO. WUP-16 (8/90).

(20) APPLICATION TO NOTIFICATION AND REQUEST FOR TRANSFER OF A WATER USE PERMIT, FORM NO. LEG-R002.032 (09/07 10/05).

(21) SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.007.00 (09/07).

(22) ALTERNATIVE WATER SUPPLY SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.009.00 (09/07).

(23) NET BENEFIT SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.010.00 (09/07).

(24) SOUTHERN WATER USE CAUTION AREA GROUND WATER REPLACEMENT CREDIT APPLICATION, FORM NO. LEG-R.011.00 (09/07).

(25) PUBLIC SUPPLY SUPPLEMENTAL FORM – SOUTHERN WATER USE CAUTION AREA, FORM NO. LEG-R.012.00 (09/07).

SURFACE WATER

(1) through (14) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.339, 373.413, 373.414, 373.416, 373.419, 373.421 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00,10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05, 2-6-07,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen A. Lloyd, Assistant Deputy Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 21, 2007