The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking for the purpose of amending water use permitting (WUP) rules to provide additional information regarding the measurement ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-2.301Conditions for Issuance of Permits

40B-2.331Modification of Permits

40B-2.351Transfer of Permits

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking for the purpose of amending water use permitting (WUP) rules to provide additional information regarding the measurement of withdrawal quantities, provide special case monitoring and reporting requirements, inform applicants of the potential for expanded water use monitoring in Water Supply Planning Areas, clarify letter modifications, extend the time to transfer a WUP, and incorporate the WUP Transfer Form by reference. The effect will be more understandable and streamlined rules; and reduced regulatory burdens.

SUMMARY: Water Use Permits (WUPs); Water Use Monitoring; WUP Letter Modifications; WUP transfers

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by District staff in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

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.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 120.60, 373.016, 373.019, 373.023, 373.042, 373.0421, 373.083, 373.103, 373.116, 373.117, 373.1175, 373.118, 373.171, 373.175, 373.185, 373.216, 373.219, 373.223, 373.2234, 373.2235, 373.226, 373.227, 373.228, 373.229, 373.2295, 373.232, 373.236, 373.239, 373.243, 373.244, 373.246, 373.250 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: SRWMD at [phone] or 1(800)226-1066 (FL only).. 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: Warren Zwanka, P.G., Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-2.301 Conditions for Issuance of Permits.

(1) through (2) No change.

(3) The standards and criteria set forth in the Water Use Permit Applicant’s Handbook, http://www.flrules.org/Gateway/reference.asp?No=Ref-16339, (effective date) http://www.flrules.org/Gateway/reference.asp?No=Ref-11315, effective December 4, 2019, hereby incorporated by reference into this chapter, if met, will provide the reasonable assurances required in Rule 40B-2.301, F.A.C. This document is available at District headquarters or on the District’s website: www.mysuwanneeriver.com.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, 3-24-13, 8-22-13, 3-24-14, 1-9-19, 12-4-19, [DATE].

 

40B-2.331 Modification of Permits.

A permittee may seek modification of an unexpired permit consistent with Rule 40B-1.703, F.A.C.

(1) An application to modify a valid water use permit shall be approved by the Executive Director or their designee without a hearing if all the following are met: A permittee may apply for modification by letter to the District if the proposed modification involves water use less than 100,000 gallons per day. Either the Executive Director or the Assistant Executive Director shall approve proposed modifications by letter without a hearing in the following circumstances, except that any request for modification recommended for denial shall be presented to the Governing Board for final agency action:

(a) The application meets the conditions for issuance in Rule 40B-2.301, F.A.C., that apply to the modification request; When a change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need;

(b) The application increases the permitted allocation less than 100,000 gallons per day, or the application increases the permitted allocation by 100,000 gallons or more per day and the applicant demonstrates that the provisions of sections 373.239(2)(a) or (b), F.S. are met; and When the proposed modification would result in a more efficient use of water than is possible under the existing permit; or

(c) The application does not receive an agency recommendation for denial. When a public water supply permittee achieves demonstrable water savings attributable to implementation of a water conservation plan pursuant to subsection 2.3.2.3(b), Water Use Permit Applicant’s Handbook.

(2) The Governing Board shall determine final agency action on any modification that increases the permit duration. A permittee may apply to modify an existing permit to voluntarily implement the District’s water use monitoring and reporting requirements as set forth in Section 4.1 of the Water Use Permit Applicant’s Handbook. The Governing Board shall determine final agency action on modifications under this paragraph.

(3) through (7) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.016, 373.019, 373.023, 373.042, 373.0421, 373.083, 373.103, 373.116, 373.117, 373.1175, 373.118, 373.171, 373.175, 373.185, 373.216, 373.219, 373.223, 373.2234, 373.2235, 373.226, 373.227, 373.228, 373.229, 373.2295, 373.232, 373.236, 373.239, 373.243, 373.244, 373.246, 373.250 FS. History–New 10-1-82, Amended 5-1-83, 1-6-10, 3-14-13, 3-24-14, [DATE].

 

40B-2.351 Transfer of Permits.

(1) An applicant requesting to continue all or part of a permitted water use that has changed ownership shall submit a complete Water Use Permit Transfer Form 40B-2.351A, http://www.flrules.org/Gateway/reference.asp?No=Ref-16330, (effective date), within 180 days of the acquisition of the property or properties on which the permitted water use is authorized. Water Use Permit Transfer Form: Form Number 40B-2.351A, effective January 6, 2010, is hereby incorporated by reference. This form is available at District headquarters and on the District’s website at www.mysuwanneeriver.com.

(2) Applicants shall provide reasonable assurances of the ability to operate and maintain the withdrawal and/or diversion facilities in accordance with the transferred permit’s terms and conditions. Persons who wish to continue a permitted water use and who have acquired the ability to operate and maintain the withdrawal and/or diversion facilities, shall apply to the District within 30 days of acquiring such ability. for the duration of the permit in accordance with the permit terms and conditions. Permit transfer requests shall be submitted on the District’s Water Use Permit Transfer Form 40B-2.351A. The District shall transfer the permit provided the previously permitted use remains the same.

(3) Applications to transfer a permit under subsections (1) and (2) above that include a request to change the source, water use classification, withdrawal quantity, or permit duration from that which was previously permitted shall be processed as permit modifications as set forth in rule 40B-2.331, F.A.C. Persons who apply to transfer a permit under subsection (2) above and propose to change the source, use, or withdrawal quantity or source quality from those specified in the permit, must follow the procedures for modification in Rule 40B-2.331, F.A.C.

(4) through (5) No change.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.016, 373.019, 373.023, 373.042, 373.0421, 373.083, 373.103, 373.116, 373.117, 373.1175, 373.118, 373.171, 373.175, 373.185, 373.216, 373.219, 373.223, 373.2234, 373.2235, 373.226, 373.227, 373.228, 373.229, 373.2295, 373.232, 373.236, 373.239, 373.243, 373.244, 373.246, 373.250 FS. History–New 10-1-82, Amended 1-6-10, 3-24-14, [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, P.G.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2024