To implement an interim regulatory strategy for protecting the public interest against excessive stress on water resources of Central Florida due to the consumptive use of water, providing for allocations of available groundwater and expeditious ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-20.011: Policy and Purpose
40E-20.091: Publications Incorporated by Reference
40E-20.301: Conditions for Issuance of General Water Use Permits
40E-20.302: Types of General Water Use Permits
40E-20.321: Duration of General Water Use Permits
40E-20.331: Modification of General Water Use Permits
40E-20.381: Limiting Conditions
PURPOSE AND EFFECT: To implement an interim regulatory strategy for protecting the public interest against excessive stress on water resources of Central Florida due to the consumptive use of water, providing for allocations of available groundwater and expeditious development of supplemental water supply projects to avoid the adverse effects of competition as well as harm to the water resources. In addition, the District proposes to update references to the “Basis of Review” for Water Use Permit Applications within the South Florida Water Management District.
SUMMARY: The proposed rules identify an area (the Central Florida Coordination Area, or CFCA) in which stress on the water resources is rapidly increasing because of escalating withdrawals of groundwater for consumptive use. The rules provide an interim regulatory framework for the portion of the CFCA lying within the jurisdictional boundaries of the South Florida Water Management District (SFWMD); other portions of the CFCA lie within the St. Johns River Water Management District and the Southwest Florida Water Management District, which are also proposing to adopt rules similar to this one. The CFCA in the SFWMD includes portions of Orange, Osceola and Polk Counties located in the SFWMD. Under the proposed rules, public supply utilities and similar applicants proposing to withdraw groundwater in the CFCA will generally be restricted to no more than their demonstrated 2013 demands. Such an applicant may be issued a permit with a duration of up to 20 years for its 2013 demand if the applicant develops and uses at least one specific supplemental water supply project (SWS) to meet all the increase in quantity above its demonstrated 2013 demand for the duration of the permit. Alternatively, the applicant may demonstrate that SWS development is infeasible for all the increase above its 2013 demand. In this case, the applicant must maximize use of SWS to meet as much of the increase as is feasible and use SWS for the remainder of the increase when provided by others at an economically feasible cost. Public supply utilities or similar applicants will be restricted to permit durations of no more than December 31, 2013, if such applicants do not develop SWS projects or use SWS to meet as much of their increases above 2013 demands as is feasible. The rules also provide clarifying definitions, a statement of intent, exceptions to the restrictions on groundwater allocations, a map and description of the portion of the CFCA lying within the District, a description of CFCA permit conditions, and a sunset provision.
Additionally, the proposed rules update references to the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District.”
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, 373.083, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.042, 373.0421, 373.083, 373.103(4), 373.118, 373.219, 373.223, 373.229, 373.236, 373.239 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 11, 2007, beginning 9:00 a.m.
PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Clerk of the South Florida Water Management District, [phone], ext. 2087 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Keith R. Smith, Deputy Department Director, Water Supply, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6620 or [phone], email: [e-mail] or Elizabeth D. Ross, Senior Specialist Attorney, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6257 or [phone], email: [e-mail]. For procedural questions, contact Jan Sluth, Senior Paralegal, South Florida Water Management District, P. O. Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6299 or [phone], email: [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-20.011 Policy and Purpose.

(1) No change.

(2) District staff shall take agency action on applications submitted under this rule pursuant to Section 373.118, F.S., and this chapter. If an application for any proposed water use does not meet the provisions of this chapter, the District will provide the permit applicant with the option to either withdraw the general permit application, or supply the additional information and fee required for an individual permit. In the event one of these options is not selected, staff will recommend that the Governing Board deny the general permit application. Where applicable, criteria in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District April 23, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C., will be utilized to determine whether the conditions for issuance in Rule 40E-20.301, F.A.C., are satisfied.

Specific Authority 373.044, 373.083, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.083, 373.103(4), 373.118, 373.219 FS. History–New 9-3-81, Formerly 16K-2.032(4), 16K-3.031(4), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07,________.

 

40E-20.091 Publications Incorporated by Reference.

The “Basis of Review for Water Use Permit Applications within the South Florida Water Management District ________, April 23, 2007”, is hereby published by reference and incorporated into this chapter. A current version of this document is available upon request.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07,_________.

(Note: The proposed amendments to the “Basis of Review for Water Use Permit Applications Within the South Florida Water Management District, April 23, 2007” are provided in the Notice of Proposed Rule for Chapter 40E-2, F.A.C., published within this edition of the Florida Administrative Weekly.)

 

40E-20.301 Conditions for Issuance of General Water Use Permits.

(1)(a) through (g) No change.

(h) For uses with a recommended maximum allocation which exceeds 3 million gallons per month, makes use of a reclaimed water source in accordance with the criteria contained in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District April 23, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C.

(i) through (j) No change.

(2) In order to satisfy the conditions for permit issuance in subsection (1), the permit applicant must provide reasonable assurances that the criteria in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – April 23, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C., are met.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.103(4), 373.118, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07,_________.

 

40E-20.302 Types of General Water Use Permits.

(1) through (1)(a) No change.

(b) Major Standard General Water Use Permit, authorizes allocations greater than three (3) million and up to fifteen (15) million gallons per month, and includes a requirement under paragraph 40E-20.301(1)(h), F.A.C., and the applicable requirements in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – April 23, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C., that the permit applicant meet the requirements for use of reclaimed water. In addition the monitoring and reporting permit limiting conditions in Sections 4.0 and 5.0 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – April 23, 2007” incorporated by reference in Rule 40E-20.091, F.A.C., are applicable.

(2) through (3) No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-2.031(1), 16K-2.032(1)(b), Amended 2-24-85, 3-29-87, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07, _________.

 

40E-20.321 Duration of General Water Use Permits.

(1) through (2)(a) No change.

(b) For uses with a maximum monthly allocation greater than 3 mgm (up to 15 mgm), authorized by a Major Standard General Water Use Permit, the period shall not exceed the basin expiration date as specified in the document described in Rule 40E-20.091, F.A.C., as applicable to the location of the project; or, for Major Standard General Water Use Permits issued, renewed or modified after the applicable basin expiration date, the period shall be based on the provisions in Rule 40E-2.321, F.A.C., and the applicable provisions in the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – April 23, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C.

(3) through (6) No change.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.236 FS. History–New 9-3-81, Formerly 16K-2.031(2)(j), 16K-2.032(2)(d), Amended 7-26-87, 4-20-94, 8-14-02, 8-31-03, 4-23-07,_________.

 

40E-20.331 Modification of General Water Use Permits.

(1) through (3)(a)2. No change.

3. Does not potentially interfere with any presently existing legal use of water, cause harm to wetlands or other surface waters, harmful saltwater intrusion or pollution of the water resources, harm to offsite land uses, or does not otherwise raise issues requiring a Staff determination of whether harm to the water resources would occur pursuant to the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – April 23, 2007”, incorporated by reference in Rule 40E-20.091, F.A.C.;

4. through 5. No change.

(b) No change.

Specific Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97, 8-14-02, 8-31-03, 4-23-07,________.

 

40E-20.381 Limiting Conditions.

Staff shall impose on any permit granted under this chapter such reasonable standard and special conditions as are necessary to assure that the permitted use or withdrawal will be consistent with the overall objectives of the District, will not be harmful to the water resources of the District, is reasonable-beneficial, will not interfere with any presently existing legal uses, and is consistent with the public interest. Standard permit conditions in Section 5.1 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – April 23, 2007” incorporated by reference in subsection 40E-20.091(1), F.A.C., shall be in the permit. Special permit conditions, including those specified in Section 5.2 of the “Basis of Review for Water Use Permit Applications within the South Florida Water Management District – April 23, 2007”, shall be in the permit.

Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 9-3-81, Formerly 16K-2.031(2), 16K-2.032(2), Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 4-23-07,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Keith R. Smith, Deputy Department Director, Water Supply
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007