Central Florida Water Initiative Area, Scope of Rule, Central Florida Water Initiative Area, Uniform Conditions for Issuance of Permits, Central Florida Water Initiative Area, Supplemental Applicant’s ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-41.300Central Florida Water Initiative Area, Scope of Rule

62-41.301Central Florida Water Initiative Area, Uniform Conditions for Issuance of Permits

62-41.302Central Florida Water Initiative Area, Supplemental Applicant’s Handbook

62-41.304Central Florida Water Initiative Area, Uniform Process for Setting Minimum Flows and Minimum Water Levels and Water Reservations

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 226, November 19, 2020 issue of the Florida Administrative Register.

62-41.300 Central Florida Water Initiative Area, Scope of Rules

(1) Rules 62-41.300 through 62-41.305, F.A.C., and the Central Florida Water Initiative Area Supplemental Applicant’s Handbook (Supplemental Applicant’s Handbook), incorporated by reference in Subsection 62-41.302(1), F.A.C., implements section 373.0465(2)(d), F.S. These rules apply to consumptive use permit applicants and permittees with withdrawal points within in the Central Florida Water Initiative (CFWI) Area as defined in section 373.0465(2)(a), F.S, and supersede those portions of Chapters 40C-2, 40D-2 and 40E-2, F.A.C., regulating the consumptive use of water in the CFWI area explicitly identified in this chapter. These rules only supersede the rules of the St. Johns River Water Management District (SJRWMD), Southwest Florida Water Management District (SWFWMD) or South Florida Water Management District (SFWMD) (collectively, the “Districts”) when explicitly provided in Rules 62-41.300 through 62-41.305 or the Supplemental Applicant’s Handbook.

(2) through (7) No change.

Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.019, 373.036, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.229, 373.709, FS. History–New.

 

62-41.301 Central Florida Water Initiative Area, Uniform Conditions for Issuance of Permits

For consumptive use applicants with withdrawal points within the CFWI Area, this rule supersedes in their entirety subsections 40C-2.301(1) and (2) and subsections 40D-2.301(1) and (2); and subsection 40E-2.301(1), F.A.C.

(1) To obtain a consumptive use permit, renewal, or modification within the CFWI Area, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:

(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

(a) through (g) No change.

(h) Is in accordance with any minimum flow or level and implementation, prevention, or recovery strategy established pursuant to sections 373.042 and 373.0421, F.S.; and

(3) No change.

(4) Across the CFWI Area, cumulative harm to on the water resources exists is existing and is expected to increase increasing because of groundwater withdrawals from the Upper Floridan aquifer. The Thus, cumulative uses of the Upper Floridan aquifer across the CFWI Area has have caused detrimental effects to other users and the water resources of the state. Following the effective date of these rules, each District shall modify all applicable existing Consumptive Use Permits with withdrawal points within the CFWI to be consistent with Rules 62-41.301 through 62-41.305, F.A.C., and applicable permit conditions specified in Section 5.0, of the Supplemental Applicant’s Handbook, incorporated by reference in rule 62-41.302 62-41.300 through 62-41.302, F.A.C., are incorporated into all CUPs within the CFWI.

Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.019, 373.036, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.229, 373.709, FS. History–New ______.

 

62-41.304: Central Florida Water Initiative Area, Uniform Process for Setting Minimum Flows and Minimum Water Levels and Water Reservations

(1) through (2) No change.

(3) Status of the MFL Waterbody. When determining whether the flow(s) and/or level(s) of a specific MFL water body are below or projected to fall below the adopted MFL criteria, the District within which the MFL is located shall use the status assessment approach that includes a screening level analysis and a causation analysis, when applicable pursuant to the 62-41.304(3)(a)-(c), F.A.C. This status assessment is independent from and not a determination of consumptive use permit compliance or environmental resource permit compliance. Permit compliance is a regulatory function that is not within the scope of this subsection.

(a) through (b) No change.

(c) If the screening level analysis indicates that the MFL is not being met, or is trending toward not being met based on the flows and levels adjusted by rainfall trends, the District will conduct a causation analysis to independently evaluate the potential impacts of various stressors on the MFL water body being assessed.

1. Factors other than consumptive uses of water (e.g., long-term drought) can cause the flow or level of a surface watercourse, aquifer, surface water, or spring to drop below an adopted minimum flow or level. The factors to be considered in the determination of causation shall be based on the use of best professional judgment and may include:

a. through i. No change.

Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.019, 373.036, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.229, 373.709, FS. History–New ______.

 

The Department revises the CFWI Supplemental Applicant’s Handbook, incorporated in subsection 62-41.302, F.A.C. A copy of the handbook is available at www.floridadep.gov/water-policy/water-policy/content/office-water-policy-rulemaking.