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

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-2.101: Publications Incorporated by Reference
40C-2.301: Conditions for Issuance of Permits
PURPOSE AND EFFECT: To implement an interim regulatory strategy for protecting the public interest against excessive stress on the 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.
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 St. Johns River Water Management District (SJRWMD); other portions of the CFCA lie within the South Florida 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 SJRWMD includes all of Seminole County, southern Lake County, and those portions of Orange and Osceola Counties located in the SJRWMD. 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 relationship between Rule 40C-2.301, F.A.C., and the Applicant’s Handbook: Consumptive Uses of Water will be clarified for all permit applicants in the SJRWMD. Finally, the definition of “reclaimed water” is broadened for such applicants.
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, 373.171 FS.
LAW IMPLEMENTED: 373.196, 373.219, 373.223, 373.233, 373.236 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on October 9, 2007, which begins at 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida
Any person who decides to appeal the Governing Board decision on this matter may need to ensure that a verbatim record of the proceeding is made to include testimony and evidence upon which the appeal is to be based. Any person requiring special accommodation to participate in this hearing is asked to advise the District at least 5 work days before the meeting by contacting Norma Messer at [phone] or [phone] (TDD).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Norma K. Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District 4049 Reid Street, Palatka, Florida 32178-2529, [phone], Suncom 860-4459, email address [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference parts I, II, and III, and the “Water Conservation Public Supply” requirements in Appendix I, and “Legal Description of the Central Florida Coordination Area of the St. Johns River Water Management District” in Appendix L of the document entitled “Applicant’s Handbook, Consumptive Uses of Water,” (effective date) 2-15-06.

(2) No change.

Specific Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.109, 373.196, 373.219, 373.223, 373.229, 373.233, 373.236, 373.239, 373.250 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C- 2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06,_______.

 

40C-2.301 Conditions for Issuance of Permits.

(1) through (6) No change.

(7) The applicant shall have the burden of proof to establish and present sufficient data to support a finding by the Board that the proposed use meets the conditions specified in subsection (1) or (2). The standards, criteria, and conditions in the Applicant’s Handbook: Consumptive Uses of Water, adopted by reference in Rule 40C-2.101, F.A.C., shall be used in determining whether the requirements of subsection (1) or (2) are met.

Specific Authority 373.044, 373.113, 373.171, 373.229 FS. Law Implemented 373.196, 373.223, 373.224, 373.226, 373.250 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.301, 40C-2.0301, Amended 7-23-91, 9-16-92, 1-20-93, 6-7-93, 1-7-99,________.

 

APPLICANT’S HANDBOOK SECTIONS

2.0Definitions

(a) through (c) No change.

(d)Brackish Groundwater – For purposes of the additional permitting requirements within the Central Florida Coordination Area, brackish groundwater means groundwater in or below the Lower Floridan Aquifer that has chloride concentrations at or above 1000 milligrams per liter (mg/L) or total dissolved solids concentrations at or above 1500 mg/L.

(d) through (g) renumbered (e) through (h) No change.

(i)Demonstrated 2013 Demand – For purposes of the additional permitting requirements within the Central Florida Coordination Area, demonstrated 2013 demand means the quantity of water that an applicant establishes it will need to meet demands in 2013.

(j)Due Diligence – Taking all actions that a reasonably prudent person would take to meet the schedule requirements in the permit for developing and using all required supplemental water supplies. Particular circumstances beyond the permittee's control will be considered in determining whether due diligence has been exercised.

(h) through (u) renumbered (k) through (x) No change.

(y)Public Supply Utility – Any municipality, county, regional water supply authority, special district, public or privately owned water utility, or multijurisdictional water supply authority, that provides water for use by the general public.

(z)(v)Reclaimed Water – Water that is reused after one or more public supply, municipal, industrial, commercial or agricultural uses meets or exceeds FDEP standards for reuse and that is reused for a beneficial purpose after flowing out of any wastewater treatment facility.

(w) renumbered (aa) No change.

(bb)Saltwater – For purposes of the additional permitting requirements applicable within the Central Florida Coordination Area, saltwater means ground or surface water having chloride concentrations at or above 19,000 milligrams per liter (mg/L).

(x) through (aa) renumbered (cc) through (ff) No change.

(gg)Similar Applicant – For purposes of the additional permitting requirements applicable within the Central Florida Coordination Area, a similar applicant means an applicant, other than a public supply utility, whose projected water demand after 2013 will exceed its demonstrated 2013 demand.

(hh)Supplemental Water Supply – For purposes of the additional permitting requirements applicable within the Central Florida Coordination Area (CFCA), supplemental water supply means surface water, stormwater, reclaimed water, and saltwater. Brackish groundwater may be considered a supplemental water supply if it can be developed in a manner that will not cause or contribute to harmful impacts from cumulative groundwater withdrawals in the CFCA. This definition shall not govern the District's funding decisions made pursuant to Section 373.1961(3), F.S.

(bb) through (mm) renumbered (ii) through (tt) No change.

3.0Activities Requiring a Permit

3.1 Implementation Date of the Consumptive Use Permitting Program

3.1.1 through 3.1.6 No change.

3.1.7The effective date of implementation of additional permitting criteria for the District’s Central Florida Coordination Area (CFCA) is (effective date). The CFCA is delineated in Figure 3.1-2. The legal description of the CFCA is in Appendix L.

 

Figure 3.1-2The Central Florida Coordination Area of the St. Johns River Water Management District.

6.5Permit Duration

6.5.1No change.

6.5.2Durations other than 20 Years:

(a) and (b) No change.

(c)For a public supply utility or similar applicant proposing to withdraw groundwater in the Central Florida Coordination Area, the permit duration will be determined pursuant to section 6.5.4.

6.5.3No change.

6.5.4Permit Duration for Public Supply Utility Applicants and Similar Applicants in the Central Florida Coordination Area (CFCA)

(a)The maximum permit duration for a public supply utility applicant or similar applicant proposing to withdraw groundwater in the CFCA will be limited to December 31, 2013, unless the applicant will meet all the increase in its need for water after 2013 by using at least one supplemental water supply project as set forth in subsection 12.10(b) or otherwise comply with that subsection. If the applicant complies with subsection 12.10(b), the permit duration shall be up to 20 years, consistent with sections 6.5.1 through 6.5.3.

(b)When a public supply utility applicant or similar applicant cannot establish that it will use at least one supplemental water supply project to meet all the increase in its need for water after 2013 as set forth in subsection 12.10(b) or otherwise comply with that subsection, the permit duration will be determined in accordance with sections 6.5.1 through 6.5.3, but in no event shall the duration extend beyond 2013.

6.5.4 renumbered 6.5.5 No change.

12.0Evaluation of Proposed Use of Water

12.1.1Annual Allocation – No change.

12.1.2Special Area – Central Florida Coordination Area.

(a)The Central Florida Coordination Area (CFCA) is located within portions of three water management districts and includes Polk, Orange, Osceola, and Seminole Counties, and southern Lake County. Within the St. Johns River Water Management District, the CFCA is the area delineated in Figure 3.1-2. In this area, stress on the water resources is escalating because of rapidly increasing withdrawals of groundwater. The public interest requires protection of the water resources from harm. The CFCA rules address the public interest by providing an interim regulatory framework to allow for the allocation of available groundwater in the area, subject to avoidance and mitigation measures to prevent harm, and by requiring the expeditious implementation of supplemental water supply projects (as defined in section 2.0). This interim regulatory framework is one component of a comprehensive joint water management district strategy for regional water resource management that also includes regional water supply planning, alternative water supply project funding, and water resource investigations and analysis that will result in a long-term approach for water supply within the CFCA. The interim CFCA rules (as listed in section 12.1.2(b) below) shall remain in effect only through December 31, 2012, except that if the District initiates rulemaking to provide a long-term regulatory framework to replace the interim rules and a petition challenging all or part of the proposed rules is filed under Section 120.56 of the Florida Statutes before that date, the interim rules shall remain effective until 100 days after a final determination of the validity or invalidity of the proposed rules.

(b)Special additional rules apply to public supply utility applicants and similar applicants (see definitions in section 2.0) proposing to withdraw groundwater in the CFCA. These rules are found in subsections 2.0(d) (i), (j), (y), (bb), (gg), and (hh), and sections 6.5.4, 12.1.2, 12.10, 13.3, and 19.0.

12.2 through 12.9 No change.

12.10Central Florida Coordination Area (CFCA)

The following requirements shall apply to any public supply utility applicant or similar applicant proposing to withdraw groundwater in the CFCA.

(a)An applicant will be restricted to a maximum allocation of groundwater in an amount no greater than its demonstrated 2013 demand; however, an applicant may seek a duration that extends beyond 2013 for that level of allocation.

(b)Any applicant seeking a permit duration extending beyond 2013 whose projected water demand after 2013 will exceed its demonstrated 2013 demand must:

1.Identify at least one specific supplemental water supply project that the applicant will develop (either singly or in concert with others) and use to meet all the increase in quantity above its demonstrated 2013 demand, for the duration of the permit; and provide for each identified project a project development schedule with milestones that when followed will result in the applicant's using supplemental water supply by the end of 2013; or

2.Demonstrate that the development (either singly or in concert with others) of a sufficient supplemental water supply to meet all the increase in quantity above its demonstrated 2013 demand is not economically, environmentally, or technologically feasible; and establish that it will maximize the use of supplemental water supply to meet as much of the increase as is economically, environmentally, and technologically feasible and will obtain any remaining portion of the increase by using water from one or more supplemental water supply projects when provided by others at a cost that is economically feasible. The affordability of an increase in water rates for a public supply utility's customers is a consideration in evaluating economic feasibility; however, an increase in water rates shall not, by itself, constitute economic infeasibility.

(c)The restriction in subsection 12.10(a) on groundwater allocations to an amount no greater than a permittee's demonstrated 2013 demand shall not limit permitted groundwater withdrawals from:

1.Aquifer storage and recovery wells that receive only surface water, stormwater, or reclaimed water, when the volume of water withdrawn does not exceed the volume of water injected; or

2.The surficial aquifer immediately below or adjacent to a stormwater management system or surface water reservoir where any drawdown in the surficial aquifer will be offset by recharge from the system or reservoir; or

3.An injection/recovery wellfield that injects surface water, stormwater, or reclaimed water that is not provided to users in accordance with District rules, through one or more wells for storage within an aquifer zone and subsequently recovers it through wells from the same aquifer zone and in the same wellfield, when the volume of water withdrawn does not exceed the volume of water injected; or

4.A recharge/recovery project that receives only surface water, stormwater, or reclaimed water that is not provided to users in accordance with District rules, when the volume of water recovered does not exceed the volume of water recharged, and the drawdown due to recovery of water from the Floridan aquifer will be offset in the:

a.surficial aquifer by recharge from the project, and

b.Floridan aquifer by recharge from the project, except immediately adjacent to the recovery well(s).

(d)In determining the amount of supplemental water that must be used as set forth in subsection 12.10(b), the applicant may subtract the portion of its demand that the applicant demonstrates will be satisfied by water conservation under subsection 10.3(e), and the sources identified in paragraphs 12.10(c)1., 2., 3., and 4., in effect after 2013.

(e)A permittee that will lack sufficient supplemental water supplies after 2013 from which to obtain the increase in quantity above its demonstrated 2013 demand can be allocated a temporary amount of groundwater to meet that increase only if it has exercised due diligence to meet all schedule requirements in the permit for developing and using supplemental water supply and providing that other conditions for issuance in Rule 40C-2.301, F.A.C., and this Handbook are met. Any such temporary allocation shall cease when water from the supplemental water supply project becomes available.

13.0Available Water/Competing Applications

13.1 and 13.2 No change.

13.3Effect of 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 Governing Board or of any other person under Section 373.233, F.S. The CFCA regulatory framework provides a comprehensive strategy for interim allocations of available groundwater and expeditious development of supplemental water supply projects to minimize competition and thereby provide greater certainty of outcome than competition.

19.0Central Florida Coordination Area (CFCA) Conditions

In addition to the general and special conditions described in this part, permits for public supply utility applicants and similar applicants authorizing groundwater withdrawals in the CFCA shall include special conditions that address the following:

(a)Implementation of a District-approved plan to monitor hydrology, ecology, and water quality in areas subject to impacts from the permitted withdrawal, with at least annual data reporting and analysis.

(b)Implementation of specific District-approved measures to mitigate or avoid harm that would otherwise occur as a result of the permitted allocation.

(c)Implementation of District-approved mitigation or avoidance actions to address any unanticipated harm, if the District finds that harm will occur or has occurred as a result of the permit allocation.

(d)Expeditious development and use of supplemental water supply to meet water demands.

(e)Submittal of five-year compliance reports for 20-year duration permits as described in section 6.5.5.

(f)The reduction in allocation or other modification to the permit, after review of each five-year compliance report or at any other time during the term of the permit, if needed to abate observed or projected harmful impacts as a result of the permitted use, unless the harmful impacts can be mitigated by the permittee. The permittee shall be provided with notice and an opportunity for a hearing under Chapter 120, F.S., if the District makes such a reduction or other modification.

20.0 19.0 Other Conditions

In addition to the special conditions listed in subsection 18.0.1 and 19.0, the Governing Board may apply such other reasonable special conditions to meet localized problems as it deems necessary to ensure that the use meets the criteria established in Section 40C-2.301, F.A.C.

 

APPENDIX L
LEGAL DESCRIPTION

CENTRAL FLORIDA COORDINATION
AREA OF THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT

Begin at the northwest corner of Section 6, Township 23 South, Range 24 East, being on the Sumter County – Lake County line, also being the range line between Ranges 23 and 24 East; thence north along said range line to the northwest corner of Section 7, Township 21 South, Range 24 East; thence east along the north line of Sections 7, 8, 9 and 10, Township 21 South, Range 24 East to the northeast corner of Section 10, Township 21 South, Range 24 East, also being the northwest corner of Section 11, Township 21 South, Range 24 East, thence continue east along the north line of said Section 11 to the north quarter corner of said Section 11, thence south along the quarter-section line of said Section 11 to the south quarter corner of said Section 11, also being the north quarter corner of Section 14, Township 21 South, Range 24 East, thence continue south along the quarter-section line of said Section 14 to the south quarter corner of said Section 14, said corner also being on the north line of Section 23, Township 21 South, Range 24 East; thence east along the North line of Sections 23 and 24, Township 21 South, Range 24 East; thence north along the West line of Sections 18 and 7, Township 21 South, Range 25 East; thence east along the North line of Sections 7, 8, 9, 10, 11 and 12, Township 21 South, Range 25 East to the northwest corner of Section 7, Township 21 South, Range 26 East; thence continue east along the north line of Section 7 to the northwest corner of Section 8, Township 21 South, Range 26 East; thence south along the west line of Section 8 to the north line of the south 1/2 of Section 8; thence east along said north line of south 1/2 to the east line of Section 8; thence south along the east line of Section 8 to the northwest corner of Section 16, Township 21 South, Range 26 East; thence east along the north line of Section 16 to the northwest corner of Section 15, Township 21 South, Range 26 East; thence south along the west line of Section 15 to the northwest corner of the southwest 1/4 of Section 15; thence east along the mid-section line to the northeast corner of the southwest 1/4 of Section 15; thence south along the east line of said southwest 1/4 to the south line of Section 15; thence east along said south line to the northeast corner of fractional Section 22, Township 21 South, Range 26 East; thence continue east along the north line of fractional Section 23, Township 21 South, Range 26 East to the west shore line of Lake Apopka; thence northeasterly along said shore line to an intersection with the the range line dividing Ranges 26 and 27 East; thence north on said range line to the township line dividing Townships 19 and 20 South; thence east on said township line to the thread of the Wekiva River; thence north along said thread of the Wekiva River to an intersection with the thread of the St. Johns River, said intersection being the corner common to Lake, Volusia and Seminole Counties; thence southeasterly and following the thread of the St. Johns River along the north and east boundary of Seminole County, to an intersection with the line dividing Townships 21 and 22 South, said intersection being the corner common to Volusia, Seminole, Orange and Brevard Counties; thence continue southeasterly and southerly along the thread of the St. Johns River and the Orange – Brevard county line to the northeast corner of Township 25 South, Range 34 East and the St. John’s River; thence south along the east line of Range 34 East to the south line of Township 32 South, also being on the Okeechobee County – Osceola County line; thence west along said Okeechobee County – Osceola County line to the southwest corner of Section 34, Township 32 South, Range 33 East; thence north along the section line to the northwest corner of Section 3, Township 31 South, Range 33 East; thence east along the township line between Townships 30 and 31 South to the southeast corner of Section 36, Township 30 South, Range 33 East; thence north along the range line between Ranges 33 and 34 East to the northeast corner of Section 1, Township 30 South, Range 33 East; thence west along the township line between Townships 29 and 30 south to the southwest corner of Section 31, Township 29 South, Range 33 East; thence north along the range line between Ranges 32 and 33 East to the northwest corner of Section 6, Township 28 South, Range 33 East; thence east along the township line between Townships 27 and 28 south to the southeast corner of Section 36, Township 27 South, Range 32 East; thence north along the range line between Ranges 32 and 33 East to the northeast corner of Section 1, Township 26 South, Range 32 East; thence west along the township line between Townships 25 and 26 South to the southwest corner of Section 33, Township 25 South, Range 32 East; thence north along the section line to the Orange County – Osceola County line; hence westerly along the Orange County – Osceola County line to the Southwest corner of Section 31, Township 24 South, Range 32 East; thence north along the range line to the intersection with the northerly right-of-way line of State Road 528; thence westerly along the northerly right-of-way line of State Road 528 to the intersection with the northerly right-of-way line of State Road 528A; thence westerly along the northerly right-of-way line of State Road 528A to the westerly right-of-way line of U.S. Highway 441; thence northerly along the right-of-way line to the section line between Sections 22 and 27 of Township 22 South, Range 29 East; thence west along the section lines to the northeast corner of Section 25, Township 22 South, Range 28 East; thence south along the range line between Ranges 28 and 29 East to the southeast corner of Section 36, Township 22 South, Range 28 East; thence west along the township line between Townships 22 and 23 South to the northeast corner of Section 2, Township 23 South, Range 27 East; thence south to the southeast corner of Section 11, Township 23 South, Range 27 East; thence west along the section lines to the Southwest corner of Section 7, Township 23 South, Range 27 East, also being on the Lake County - Orange County line; thence south along the range line between Ranges 26 and 27 East to the Lake county - Polk County line; thence west along said county line to the southwest corner of Section 32, Township 24 South, Range 26 East; thence into Lake County, north along the section lines to the northeast corner of Section 30, Township 24 South, Range 26 East; thence west along the section lines to the northeast corner of Section 28, Township 24 South, Range 25 East; thence north along the section lines to the northeast corner of Section 16, Township 24 South, Range 25 East; thence west along the section line to the northwest corner of Section 16, Township 24 South, Range 25 East; thence north along the section line to the northeast corner of Section 8, Township 24 South, Range 25 East; thence west along the section lines to the range line between Ranges 24 and 25; thence north along the range line to the northeast corner of Section 1, Township 23 South, Range 24 East, also being on the township line between Townships 22 and 23 South; thence west along the township line to the northwest corner of Section 6, Township 23 South, Range 24 East, and the Point of Beginning.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hal Wilkening, Director, Department of Resource Management, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], suncom 860-4250

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2007

DATE NOTICE OF PROPOSED RU LE DEVELOPMENT PUBLISHED IN THE FAW: April 20, 2007