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: 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 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”).
SUMMARY: The proposed amendments remove from Chapter 40D-2, F.A.C., the incorporation and listing of forms to be used by water use permit applicants and directs them to Rule 40D-1.659, F.A.C., for the listing, which simultaneously with this rulemaking is being amended to incorporate new forms for use by applicants in the Southern Water Use Caution Area. The amendments add explanation for applicants within the Southern Water Use Caution Area as to which application forms to use of those listed in Rule 40D-1.659, F.A.C. The amendments also delete the Alternative Source Form 48.10.009 (10/01) WUP 9 because it is a form no longer used by the District and changes the name of the form used to transfer water use permits.
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, 373.118, 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.
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-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) through (6) renumbered (2) through (5) No change.

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 listed in Rule 40D-1.659, F.A.C., GROUND WATER (8)-(15), (21)-(25) numbered WUP-1 through WUP-16.

(3) through (7) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.229 FS. History–Readopted 10-5-74, Amended 10-24-76, 1-6-82, 2-14-82, 10-1-89, 10-23-89, 2-10-93, 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 (09/07 10/05). 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 FS. Law Implemented 373.219 FS. 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

1.4                            APPLICATION FORMS

Permit Applicants shall should submit the Water Use Individual Permit Application Form appropriate to the annual average quantities requested, as provided in subsections 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 subsections 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 subsection 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 _____.

 

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