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 ....  

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    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

     

    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 and Vol. 47 No. 26, February 9, 2021 issue of the Florida Administrative Register.

     

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

    (1) through (7) No change.

    (8) The water management districts shall develop and execute a memorandum of agreement providing for the

    procedural requirements of a coordinated review of permits within the CFWI Area.

    Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 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) through (3) No change.

    (4) Nothing in these rules shall create a presumption with regards to modification of any existing Consumptive Use Permit within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook. Across the CFWI Area, cumulative harm to on the water resources exists and is expected to increase because of groundwater withdrawals from the Upper Floridan aquifer. The cumulative uses of the Upper Floridan aquifer across the CFWI Area has 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 F.A.C., are incorporated into all CUPs within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook.

    Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 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.